Legal Protocol Documentation

1. Data Controller
The data controller responsible for the processing of personal data collected through this website is threadcinderpeak, registered at Calle Playa de Faro Blanco, 1, 11540 Sanlúcar de Barrameda, Cádiz, Spain. For any inquiries regarding data processing, you may contact us at [email protected].

2. Data We Collect
We may collect and process the following categories of personal data:

• Identification data: Name, email address, and any information voluntarily provided through our contact forms or direct communications.
• Technical data: IP address, browser type and version, operating system, device identifiers, and access timestamps collected automatically through server logs.
• Usage data: Pages visited, time spent on pages, navigation patterns, and interaction events collected through essential session cookies.

3. Legal Basis for Processing
We process personal data under the following legal bases as defined in Article 6 of the EU General Data Protection Regulation (GDPR):

• Consent (Art. 6(1)(a)): Where you have given explicit consent for specific processing purposes, such as subscribing to communications.
• Contractual necessity (Art. 6(1)(b)): Where processing is necessary for the performance of a contract or pre-contractual measures taken at your request.
• Legitimate interest (Art. 6(1)(f)): Where processing is necessary for our legitimate interests, such as website security, fraud prevention, and service improvement, provided these interests are not overridden by your fundamental rights.

4. Purpose of Processing
Your personal data is collected and processed for the following purposes:

• To respond to your inquiries and provide the services you have requested.
• To maintain the security and integrity of our systems and prevent unauthorized access.
• To comply with legal obligations under Spanish and EU law.
• To analyze website usage patterns and optimize user experience through anonymized analytics.

5. Data Retention
Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected. Contact form submissions are retained for a maximum of 24 months. Server logs are automatically purged after 90 days. Data processed under contractual necessity is retained for the duration of the contractual relationship plus any legally required retention period.

6. Data Sharing & Third Parties
We do not sell, rent, or trade personal data to third parties. Data may be shared with:

• Hosting providers: Infrastructure partners who process data on our behalf under Data Processing Agreements (DPAs) compliant with Art. 28 GDPR.
• Legal authorities: When required by law, court order, or regulatory obligation under Spanish or EU jurisdiction.

7. International Data Transfers
Where data is transferred outside the European Economic Area (EEA), we ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission, as required under Chapter V of the GDPR.

8. Your Rights
Under the GDPR, you have the following rights regarding your personal data:

• Right of access (Art. 15): Obtain confirmation of whether your data is being processed and request a copy.
• Right to rectification (Art. 16): Request correction of inaccurate or incomplete data.
• Right to erasure (Art. 17): Request deletion of your data where there is no compelling legal reason for continued processing.
• Right to restriction (Art. 18): Request limitation of processing in specific circumstances.
• Right to data portability (Art. 20): Receive your data in a structured, commonly used, machine-readable format.
• Right to object (Art. 21): Object to processing based on legitimate interests or for direct marketing purposes.

To exercise any of these rights, contact us at [email protected]. You also have the right to lodge a complaint with the Spanish Data Protection Agency (AEPD) at www.aepd.es.

9. Security Measures
threadcinderpeak implements appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including encryption of data in transit (TLS 1.3), access controls, regular security assessments, and incident response procedures in compliance with Art. 32 GDPR.

1. What Are Cookies
Cookies are small text files placed on your device when you visit a website. They are widely used to enable websites to function correctly, improve user experience, and provide analytical information to site operators.

2. How We Use Cookies
threadcinderpeak uses cookies solely for essential website functionality. We do not deploy advertising cookies, social media tracking pixels, or third-party analytics scripts that collect personally identifiable information.

3. Types of Cookies We Deploy

• Strictly Necessary Cookies: These cookies are essential for the website to function. They enable core features such as session management, security token validation, and navigation state persistence. These cookies do not require consent under the ePrivacy Directive (Directive 2002/58/EC) as they are strictly necessary for the service explicitly requested by the user.
• Functional Cookies (Consent-Based): We use a single localStorage token (tcp_cookie_consent) to remember your cookie acceptance preference. This is stored locally on your device and is not transmitted to any external server.

4. Third-Party Cookies
We embed Google Maps iframes on our contact page. Google may deploy cookies through this iframe. We have enabled "privacy-enhanced mode" where available. Google's cookie practices are governed by Google's own Privacy Policy. We recommend reviewing Google's privacy documentation for full details on their data collection practices.

5. Managing Cookies
You can control and manage cookies through your browser settings. Most browsers allow you to block or delete cookies. However, disabling strictly necessary cookies may impair website functionality. Instructions for managing cookies in common browsers:

• Chrome: Settings → Privacy and Security → Cookies
• Firefox: Settings → Privacy & Security → Cookies and Site Data
• Safari: Preferences → Privacy → Manage Website Data
• Edge: Settings → Privacy, Search, and Services → Cookies

6. Cookie Consent
Upon your first visit, you will be presented with a cookie notice allowing you to accept essential cookies. Your consent preference is stored in localStorage and will persist until you clear your browser data or manually reset your preference.

1. General Refund Terms
threadcinderpeak is committed to delivering services that meet agreed-upon specifications. Refund eligibility is assessed on a case-by-case basis in accordance with Spanish consumer protection law (Real Decreto Legislativo 1/2007) and EU Directive 2011/83/EU on consumer rights.

2. Project Milestones & Partial Refunds
For projects structured around defined milestones:

• Pre-commencement: If a project has not yet begun and no work has been performed, a full refund of any advance payment will be issued within 14 business days of the written refund request.
• In-progress projects: For projects that have commenced, refunds are calculated proportionally based on completed milestones versus total project scope. Work already delivered and accepted is non-refundable.
• Completed projects: Once a project has been delivered and marked as complete by both parties, no refund is available. Post-delivery modifications or additional work are subject to separate agreements.

3. Service-Specific Terms

• Retainer agreements: Monthly retainer services can be cancelled with 30 days' written notice. No refund is provided for the current billing period, but no further charges will be incurred.
• Consulting and audit services: Fees for completed consulting sessions or delivered audit reports are non-refundable. If a session is cancelled more than 48 hours in advance, a full refund will be issued.
• Third-party costs: Non-recoverable third-party expenses incurred on your behalf (domain registrations, SSL certificates, hosting setup fees, API credits) are non-refundable regardless of project status.

4. Dispute Resolution
If you believe a refund is warranted, you must submit a written request to [email protected] within 30 days of the disputed invoice or delivery date. We will review your request and respond within 10 business days. If a resolution cannot be reached, either party may refer the matter to the competent courts of Cádiz, Spain, or to the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

5. Chargebacks
We strongly encourage clients to contact us directly to resolve any billing disputes before initiating a chargeback with their financial institution. Chargebacks initiated without prior communication may result in suspension of ongoing services and may be subject to administrative processing fees as permitted by applicable law.

1. Acceptance of Terms
By accessing and using the services provided by threadcinderpeak, located at Calle Playa de Faro Blanco, 1, 11540 Sanlúcar de Barrameda, Cádiz, Spain, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our services.

2. Scope of Services
threadcinderpeak provides web development, system architecture, API integration, cloud infrastructure, cybersecurity auditing, and related technical consulting services. The specific scope, deliverables, timeline, and pricing for each engagement are defined in individual project agreements or statements of work (SOWs) executed between the parties.

3. Client Obligations
The client agrees to:

• Provide timely access to necessary systems, credentials, and documentation required for project execution.
• Designate a primary point of contact with decision-making authority for the duration of the engagement.
• Review and provide feedback on deliverables within agreed-upon review periods.
• Ensure that all content and materials provided to threadcinderpeak do not infringe upon the intellectual property rights of third parties.

4. Intellectual Property
Upon full payment of all applicable fees, the client receives ownership of all custom-developed code, designs, and documentation specifically created for their project. Pre-existing frameworks, libraries, tools, methodologies, and general-purpose components developed or used by threadcinderpeak remain the intellectual property of threadcinderpeak and are licensed to the client for use within the scope of the delivered project.

5. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement. This obligation survives the termination of the agreement for a period of 3 years. Confidential information shall not be disclosed to third parties without prior written consent, except as required by law.

6. Limitation of Liability
To the maximum extent permitted by applicable law, threadcinderpeak's total liability for any claims arising out of or related to these terms or the services provided shall not exceed the total fees paid by the client for the specific project giving rise to the claim during the 12 months preceding the event. threadcinderpeak shall not be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

7. Service Level & Warranty
threadcinderpeak warrants that all services will be performed in a professional and workmanlike manner consistent with industry standards. A 30-day warranty period applies to delivered code, during which defects in the original scope of work will be remediated at no additional cost. Issues arising from client modifications, third-party integrations, or environmental changes outside our control are excluded from this warranty.

8. Termination
Either party may terminate a project agreement with 30 days' written notice. In the event of termination, the client is responsible for payment of all work completed and expenses incurred up to the termination date. All delivered work product and source code for completed milestones shall be transferred to the client upon receipt of final payment.

9. Governing Law & Jurisdiction
These terms are governed by the laws of Spain and the European Union. Any disputes arising from these terms or the services provided shall be subject to the exclusive jurisdiction of the courts of Cádiz, Spain. For online disputes between consumers and businesses, the EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

10. Modifications
threadcinderpeak reserves the right to update these Terms of Service at any time. Material changes will be communicated via email to active clients at least 15 days before taking effect. Continued use of services after the effective date constitutes acceptance of the modified terms.