Legal Documentation
Terms & Policies
Privacy Policy
Effective Date: January 1, 2024
Data Controller: LuminaryPulseLabs, Calle Beato Juan de San Martín, Yuncos, Toledo, Spain.
1. Introduction
LuminaryPulseLabs ("we," "our," or "us") is committed to protecting your personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Spanish Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD). This Privacy Policy explains how we collect, use, store, and protect your personal information when you interact with our digital services, website, and communication channels.
2. Data We Collect
We may collect and process the following categories of personal data:
- Identity Data: Full name, username, or similar identifier.
- Contact Data: Email address, telephone number, and physical address.
- Technical Data: Internet Protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating system, and platform.
- Usage Data: Information about how you use our website and services, including page interaction data.
- Project Data: Information provided voluntarily in the course of commissioning digital services, including project specifications, business requirements, and creative assets.
3. Legal Basis for Processing
We process your personal data under the following legal bases as defined in Article 6(1) GDPR:
- Consent (Art. 6(1)(a)): Where you have given explicit consent for specific processing purposes.
- Contractual Necessity (Art. 6(1)(b)): Where processing is necessary for the performance of a contract to which you are a party, or for taking pre-contractual steps at your request.
- Legitimate Interest (Art. 6(1)(f)): Where processing is necessary for the purposes of our legitimate interests, such as improving our services and ensuring network security, provided such interests are not overridden by your fundamental rights.
4. Data Retention
We retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. Project-related data is retained for a period of 36 months following the completion of the final deliverable, after which it is securely deleted or anonymized. Contact form submissions are retained for a maximum of 24 months.
5. Your Rights Under GDPR
Under the GDPR, you have the following rights regarding your personal data:
- Right of Access (Art. 15): You may request a copy of the personal data we hold about you.
- Right to Rectification (Art. 16): You may request correction of inaccurate or incomplete data.
- Right to Erasure (Art. 17): You may request deletion of your personal data where there is no compelling reason for continued processing.
- Right to Restriction (Art. 18): You may request restriction of processing in certain circumstances.
- Right to Data Portability (Art. 20): You may request to receive your data in a structured, commonly used, machine-readable format.
- Right to Object (Art. 21): You may object to processing based on legitimate interests.
To exercise any of these rights, contact us at [email protected]. We will respond to all legitimate requests within 30 days.
6. Data Security
LuminaryPulseLabs implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption of data in transit (TLS/SSL), access controls, regular security assessments, and pseudonymization where feasible. In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify the relevant supervisory authority within 72 hours as required by Article 33 GDPR.
7. International Data Transfers
Where we transfer personal data outside the European Economic Area (EEA), we ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission, or transfers to countries recognized as providing an adequate level of data protection under Article 45 GDPR.
8. Supervisory Authority
If you believe your data protection rights have been infringed, you have the right to lodge a complaint with the Spanish Data Protection Agency (AEPD) at www.aepd.es or by writing to Calle Jorge Juan, 6, 28001 Madrid, Spain.
9. Contact
For any questions regarding this Privacy Policy or our data processing practices, contact LuminaryPulseLabs at:
Email: [email protected]
Address: Calle Beato Juan de San Martín, Yuncos, Toledo, Spain
Phone: +34 647 109 583
Refund Policy
Effective Date: January 1, 2024
Provider: LuminaryPulseLabs, Calle Beato Juan de San Martín, Yuncos, Toledo, Spain.
1. General Policy
At LuminaryPulseLabs, we are committed to delivering high-quality digital solutions. Given the bespoke nature of our services, refund requests are evaluated on a case-by-case basis, taking into account the project milestones completed, deliverables provided, and the specific circumstances of the request.
2. Milestone-Based Reimbursement
All projects are structured around defined milestones. If a project is terminated before completion, reimbursement is calculated based on the milestones not yet initiated or delivered:
- Pre-Initiation: If cancellation occurs before any work has commenced on the next milestone, a full refund of the advance payment for that milestone will be issued.
- In-Progress: If cancellation occurs during an active milestone, the refund will be prorated based on the percentage of work completed, as documented in the project timeline.
- Completed: No refund is available for milestones that have been fully delivered and accepted by the client.
3. Non-Refundable Items
The following are non-refundable:
- Third-party license fees, hosting costs, or domain registrations procured on behalf of the client.
- Consultation and strategy sessions that have been delivered.
- Custom assets (design files, code repositories) that have been transferred to the client.
4. Request Process
To request a refund, contact LuminaryPulseLabs at [email protected] with your project reference and a description of the issue. All refund requests will be acknowledged within 5 business days and resolved within 30 days of the initial request.
5. Dispute Resolution
In the event of a dispute regarding refunds, both parties agree to attempt resolution through good-faith negotiation before pursuing any legal remedies. This policy is governed by the laws of Spain and the applicable EU consumer protection directives.
Terms of Service
Effective Date: January 1, 2024
Provider: LuminaryPulseLabs, Calle Beato Juan de San Martín, Yuncos, Toledo, Spain.
1. Acceptance of Terms
By engaging the services of LuminaryPulseLabs ("Provider"), whether through our website, email communication, or any other channel, you ("Client") agree to be bound by these Terms of Service. If you do not agree to these terms, you must not engage or continue to use our services.
2. Scope of Services
LuminaryPulseLabs provides bespoke digital solutions including but not limited to: interface architecture, full-stack web engineering, e-commerce systems, brand identity systems, API and backend infrastructure, performance and SEO engineering, mobile application development, and cloud and DevOps pipeline construction. The specific scope, deliverables, timeline, and pricing for each engagement are defined in the individual project agreement or proposal accepted by the Client.
3. Project Execution
- Milestones: All projects are structured around predefined milestones with specific deliverables and acceptance criteria. Milestone acceptance is confirmed in writing by the Client.
- Timelines: Project timelines are estimates based on current workload and typical project complexity. LuminaryPulseLabs will communicate any anticipated delays promptly and propose revised timelines.
- Feedback Loops: The Client is responsible for providing timely feedback at each milestone review. Delays in Client feedback may impact the overall project timeline.
4. Payment Terms
- Invoices are issued upon completion of each milestone or as specified in the project agreement.
- Payment is due within 14 calendar days of invoice issuance unless otherwise agreed.
- Late payments may incur a statutory interest charge in accordance with EU Directive 2011/7/EU on late payments in commercial transactions.
- All prices are quoted in Euros (€) and are exclusive of applicable taxes unless stated otherwise.
5. Intellectual Property
- Pre-Existing IP: All pre-existing intellectual property, frameworks, tools, and methodologies owned by LuminaryPulseLabs remain our property. The Client is granted a non-exclusive, perpetual license to use such components as integrated into the final deliverables.
- Custom Deliverables: Upon full payment, all custom code, designs, and assets created specifically for the Client under the project agreement are assigned to the Client. This excludes any third-party components, open-source libraries, or pre-existing LuminaryPulseLabs frameworks.
- Portfolio Rights: LuminaryPulseLabs reserves the right to display completed work in our portfolio and marketing materials unless the Client objects in writing prior to project completion.
6. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information shared during the course of the engagement. This obligation survives the termination of the project for a period of 24 months. Confidential information includes, but is not limited to, business strategies, technical specifications, source code, design files, and financial data.
7. Limitation of Liability
To the maximum extent permitted by applicable law, LuminaryPulseLabs shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of our services. Our total aggregate liability for any claim arising out of or related to these Terms shall not exceed the total fees paid by the Client under the relevant project agreement in the 12 months preceding the claim.
8. Termination
- Either party may terminate the project agreement with 14 days' written notice.
- Upon termination, the Client is responsible for payment of all milestones completed or in progress up to the termination date.
- LuminaryPulseLabs will deliver all completed work and transfer all relevant assets within 14 days of receiving final payment.
9. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Spain and the European Union. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of Toledo, Spain.
10. Changes to Terms
LuminaryPulseLabs reserves the right to modify these Terms at any time. Changes will be communicated in writing to existing Clients at least 30 days before taking effect. Continued engagement after the effective date of changes constitutes acceptance.
11. Contact
For questions about these Terms of Service, contact LuminaryPulseLabs at:
Email: [email protected]
Address: Calle Beato Juan de San Martín, Yuncos, Toledo, Spain
Phone: +34 647 109 583