Compliance Matrix

1. Data Controller Information

The data controller responsible for processing personal data through this website is EmberHarborLabs, located at Gran Vía 32, 28013 Madrid, Spain. For any inquiries regarding data processing, please contact our Data Protection Officer at [email protected].

2. Data Collection and Purpose

We collect and process personal data exclusively for the following purposes:

• Contact Form Submissions: Name, email address, and message content are processed to respond to your inquiries and provide requested services. Legal basis: Article 6(1)(b) GDPR - performance of a contract or pre-contractual measures.
• Service Delivery: Project-related data is processed to execute our contractual obligations. This includes technical specifications, project requirements, and deliverables.
• Legal Compliance: Certain data may be retained to comply with legal obligations under Spanish and EU law.

3. 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. Project-related data is retained for the duration of the project plus 6 years, in accordance with Spanish commercial law requirements. After the retention period expires, data is securely deleted or anonymized.

4. Data Sharing and Transfers

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

• Service Providers: Hosting providers, email services, and analytics tools that assist in website operation. All providers are bound by Data Processing Agreements (DPAs) and operate within the EU/EEA.
• Legal Authorities: When required by law, court order, or governmental regulation.

No personal data is transferred outside the European Economic Area without explicit consent and appropriate safeguards as defined by Standard Contractual Clauses (SCCs) or adequacy decisions.

5. Your Rights

Under the General Data Protection Regulation (GDPR), you have the following rights:

• Art. 15 Right of Access: Obtain confirmation of whether your data is being processed and request a copy of that data.
• Art. 16 Right to Rectification: Request correction of inaccurate personal data or completion of incomplete data.
• Art. 17 Right to Erasure: Request deletion of your personal data when no longer necessary for the original purpose.
• Art. 18 Right to Restriction: Request restriction of processing under specific circumstances.
• Art. 20 Right to Data Portability: Receive your personal data in a structured, commonly used format.
• Art. 21 Right to Object: Object to processing based on legitimate interests or direct marketing.

To exercise any of these rights, contact us at [email protected]. We will respond to your request within 30 days. You also have the right to lodge a complaint with the Agencia Española de Protección de Datos (AEPD) at www.aepd.es.

6. Security Measures

EmberHarborLabs 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), regular security assessments, access controls, and employee training on data protection practices. Our infrastructure is hosted within EU data centers with ISO 27001 certification.

1. Cookie Policy Overview

This Cookie Framework explains how EmberHarborLabs uses cookies and similar tracking technologies when you visit our website at emberharborlabs.com. We are committed to transparency regarding our data collection practices and compliance with the ePrivacy Directive (2002/58/EC) and GDPR.

2. What Are Cookies

Cookies are small text files placed on your device when you visit a website. They help us recognize your device and remember certain information about your visit, such as your preferences and settings. Cookies can be "persistent" (remaining on your device until deleted) or "session-based" (deleted when you close your browser).

3. Cookies We Use

4. Managing Cookies

You can control and manage cookies through your browser settings. Most browsers allow you to:

• View what cookies are stored and delete them individually
• Block third-party cookies
• Block cookies from particular sites
• Block all cookies
• Delete all cookies when you close your browser

Please note that blocking or deleting cookies may impact the functionality of this website. Your cookie preferences are stored locally in your browser and can be changed at any time.

5. Changes to This Framework

We may update this Cookie Framework from time to time to reflect changes in technology, legislation, or our operations. Any updates will be posted on this page with an revised effective date. Continued use of the site after changes constitutes acceptance of the updated framework.

1. Refund Policy Overview

At EmberHarborLabs, we are committed to delivering high-quality engineering services that meet your expectations. This Refund Matrix outlines the circumstances under which refunds may be issued for services purchased through our platform. All refund requests are evaluated on a case-by-case basis in accordance with EU consumer protection regulations and Spanish commercial law.

2. Cancellation by Client

Pre-Project Cancellation: If you cancel a project before work has commenced (within 48 hours of purchase), you are entitled to a full refund minus any administrative processing fees (maximum 5%).

Mid-Project Cancellation: If you cancel a project after work has commenced, refunds will be calculated based on the percentage of work completed. You will receive a refund for undelivered milestones only. Completed work and associated deliverables remain the property of EmberHarborLabs until full payment is received.

3. Cancellation by EmberHarborLabs

We reserve the right to cancel a project if:

• The client fails to provide required information or resources within the agreed timeframe
• The project scope has changed so significantly that the original agreement cannot be fulfilled
• The client breaches the Terms of Service

In such cases, refunds will be issued for any prepaid services not yet rendered, minus the value of work completed and any non-recoverable costs incurred.

4. Quality Disputes

If you believe the delivered work does not meet the specifications outlined in the project agreement, you must notify us within 14 days of delivery. We will review the dispute and, if valid, either correct the work at no additional cost or issue a partial refund proportional to the deficiency. Our goal is complete client satisfaction, and we will work in good faith to resolve any quality concerns.

5. Refund Processing

Approved refunds are processed within 14 business days using the original payment method. If the original payment method is unavailable, an alternative method will be arranged. You will receive email confirmation when a refund has been initiated. Please allow additional time for the refund to appear on your statement depending on your financial institution.

6. Contact for Refund Requests

To request a refund or discuss billing concerns, contact us at [email protected] with your project reference number and a detailed explanation of your request. We aim to respond to all refund inquiries within 3 business days.

1. Acceptance of Terms

By accessing or using the services provided by EmberHarborLabs ("Company"), including our website, consulting services, and software development offerings, you ("Client") agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our services. These terms constitute a legally binding agreement between you and EmberHarborLabs, registered in Madrid, Spain at Gran Vía 32, 28013 Madrid.

2. Scope of Services

EmberHarborLabs provides web development, database engineering, infrastructure consulting, and related technical services as described in individual project proposals and service agreements. The specific scope, deliverables, timeline, and pricing for each engagement are defined in the corresponding Statement of Work (SOW) or project proposal.

Any modifications to the agreed scope must be documented in writing and signed by both parties before implementation. Additional work beyond the original scope will be quoted separately and billed according to the rates specified in the SOW.

3. Payment Terms

Payment terms are specified in each individual project agreement. Unless otherwise stated:

• Invoices are payable within 14 days of issue date
• Late payments incur a 1.5% monthly interest charge plus applicable collection costs
• For milestone-based projects, subsequent milestones will not commence until previous payments are received
• All prices are in Euros (€) and include applicable VAT unless otherwise specified

4. Intellectual Property

Upon full payment, the Client receives full ownership of all custom deliverables specifically created for the project as defined in the SOW. This includes custom source code, documentation, and design assets. EmberHarborLabs retains ownership of pre-existing tools, frameworks, methodologies, and general knowledge developed during or prior to the engagement. Third-party components are subject to their respective licenses.

5. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. This includes business strategies, technical specifications, source code, and any information marked as confidential. This obligation survives termination of the agreement for a period of three (3) years. Exceptions apply for information that becomes publicly available, was already known to the receiving party, or is required to be disclosed by law.

6. Limitation of Liability

To the maximum extent permitted by law, EmberHarborLabs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Our total liability for any claim arising from or related to our services shall not exceed the total amount paid by the Client for the specific service giving rise to the claim. This limitation does not apply to damages resulting from gross negligence or willful misconduct.

7. Warranty

EmberHarborLabs warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. For custom development work, we provide a 90-day warranty period following final delivery, during which we will correct any defects in the delivered work at no additional charge. This warranty does not cover issues arising from modifications made by the Client or third parties, misuse, or changes in the operating environment.

8. Termination

Either party may terminate this agreement with 30 days written notice. In the event of termination, the Client shall pay for all services rendered up to the termination date. Provisions regarding confidentiality, intellectual property, and limitation of liability shall survive termination. EmberHarborLabs reserves the right to terminate immediately if the Client breaches material terms of this agreement.

9. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Spain. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these terms.

10. Changes to Terms

EmberHarborLabs reserves the right to modify these Terms of Service at any time. Changes will be effective upon posting to the website. Continued use of our services after changes constitutes acceptance of the modified terms. For ongoing projects, the terms in effect at the time of project commencement will apply unless otherwise agreed in writing.