006 // Compliance

Regulatory
Alignment

Privacy Policy

GDPR Regulation (EU) 2016/679 Compliant

1. Data Controller Identification
The data controller responsible for processing personal data within the scope of this website is toporbitix, registered at 307225 | nr. 13 | Sat Giulvaz, Jud. Timis | Romania. For all data protection inquiries, you may contact our designated Data Protection Officer at [email protected].

2. Categories of Personal Data Collected
In the course of providing our Digital Studio services, we may collect and process the following categories of personal data: identification data (name, email address, telephone number), technical data (IP address, browser type, operating system, device identifiers), usage data (pages visited, time spent, navigation patterns), and communication data (inquiries, feedback, correspondence).

3. Legal Basis for Processing
We process personal data under the following legal bases as defined in Article 6 of the GDPR: (a) consent of the data subject (Article 6(1)(a)), (b) performance of a contract or pre-contractual measures (Article 6(1)(b)), (c) compliance with a legal obligation (Article 6(1)(c)), and (d) legitimate interests pursued by the controller (Article 6(1)(f)), including the improvement of our services and fraud prevention.

4. Purpose of Data Processing
Personal data is collected and processed for the following purposes: delivery and optimization of Digital Studio services, communication regarding project status and deliverables, compliance with legal and regulatory obligations, security monitoring and fraud prevention, and analytical improvement of our digital platforms.

5. Data Retention Period
Personal data is retained only for as long as necessary to fulfill the purposes for which it was collected. Contractual data is retained for the duration of the contractual relationship plus a period of 10 years in accordance with Romanian commercial law. Consent-based data is retained until withdrawal of consent. Technical logs are retained for a maximum period of 24 months.

6. Data Subject Rights
In accordance with Articles 15-22 of the GDPR, you have the following rights: the right of access (Article 15), the right to rectification (Article 16), the right to erasure (Article 17), the right to restriction of processing (Article 18), the right to data portability (Article 20), the right to object (Article 21), and the right not to be subject to automated decision-making (Article 22). To exercise any of these rights, please contact [email protected].

7. International Data Transfers
Should personal data be transferred outside the European Economic Area, we ensure appropriate safeguards are in place, including Standard Contractual Clauses approved by the European Commission or adequacy decisions as per Article 45 of the GDPR.

8. Supervisory Authority
You have the right to lodge a complaint with the Romanian National Supervisory Authority for Personal Data Processing (ANSPDCP) if you believe your data protection rights have been infringed.

Cookies Policy

ePrivacy Directive 2002/58/EC Compliant

1. Definition and Function of Cookies
Cookies are small text files placed on your device when you visit our website. They serve to enhance user experience, analyze site performance, and support our Digital Studio operations. We utilize cookies in strict compliance with the ePrivacy Directive and the GDPR.

2. Categories of Cookies Employed
Strictly Necessary Cookies: These cookies are essential for the basic functionality of our website, including session management, security authentication, and load balancing. They do not require consent under Article 5(3) of the ePrivacy Directive.

Performance and Analytics Cookies: These cookies collect anonymized data about how visitors interact with our website, including page views, bounce rates, and traffic sources. This data helps us optimize our digital infrastructure.

Functionality Cookies: These cookies enable personalized features such as language preferences, interface customization, and saved configurations to enhance your experience on subsequent visits.

3. Consent Management
Upon your first visit, you will be presented with a cookie consent banner allowing you to accept or decline non-essential cookies. Your consent choice is stored in localStorage and can be modified at any time by accessing the cookie preferences panel located in the footer of our website.

4. Third-Party Cookie Providers
We may employ cookies from the following third-party services: Google Analytics (website analysis), Stripe (payment processing), and Content Delivery Networks (performance optimization). Each third-party provider operates under their own privacy policies, which we encourage you to review.

5. Cookie Duration
Session cookies are automatically deleted when you close your browser. Persistent cookies remain on your device for a defined period or until you manually delete them. The maximum retention period for persistent cookies on our platform is 13 months.

6. Managing Cookie Preferences
You may manage or delete cookies through your browser settings at any time. Please note that disabling certain cookies may impact the functionality of our website. For detailed instructions on managing cookies, please refer to your browser's help documentation.

Refund Policy

Consumer Protection Compliance

1. General Refund Principles
At toporbitix, we are committed to delivering Digital Studio services that meet the highest quality standards. This Refund Policy outlines the circumstances under which refunds may be issued for services rendered.

2. Eligibility for Full Refund
A full refund may be issued if: (a) the service has not yet commenced and the cancellation is made within 14 calendar days of payment, in accordance with the EU Consumer Rights Directive 2011/83/EU; (b) we are unable to deliver the agreed-upon service due to circumstances within our control; or (c) the delivered service fundamentally deviates from the specifications outlined in the project agreement.

3. Partial Refund Conditions
Partial refunds may be issued on a pro-rata basis when: (a) a project is terminated by the client after work has commenced, with the refund calculated based on the percentage of work completed versus the total project scope; (b) specific deliverables within a multi-phase project are cancelled, with the refund limited to the affected phase; or (c) mutual agreement is reached to adjust the project scope downward.

4. Non-Refundable Services
The following services are non-refundable once delivered: (a) completed Interface Discovery Audits and Scoping Blueprints that have been presented to the client; (b) custom software development work that has been deployed to production environments; (c) third-party licenses or subscriptions procured on behalf of the client; and (d) consulting sessions that have been conducted.

5. Refund Request Procedure
To request a refund, please submit a written request to [email protected] within 30 calendar days of the service delivery date. Include your project reference number, a description of the grounds for refund, and any supporting documentation. We will acknowledge receipt within 2 business days and provide a resolution within 14 calendar days.

6. Refund Processing
Approved refunds will be processed using the original payment method within 10 business days of approval. For payments made via Stripe, refunds are initiated through the Stripe payment gateway and may take an additional 5-10 business days to appear in your account depending on your financial institution.

Terms of Service

Service Agreement Framework

1. Acceptance of Terms
By engaging the services of toporbitix, you acknowledge and agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between the client and toporbitix, registered at 307225 | nr. 13 | Sat Giulvaz, Jud. Timis | Romania.

2. Scope of Services
toporbitix provides Digital Studio services including but not limited to web development, interface design, API engineering, content strategy, and brand identity systems. The specific scope, deliverables, and timeline for each engagement shall be defined in a separate Project Agreement or Statement of Work.

3. Intellectual Property Rights
Upon full payment, the client receives a perpetual, non-exclusive license to use all deliverables produced under the Project Agreement. toporbitix retains the right to showcase completed work in portfolio materials unless explicitly restricted in writing. Pre-existing intellectual property, frameworks, and development tools remain the property of toporbitix.

4. Payment Terms
Invoices are payable within 14 calendar days of issuance unless otherwise specified in the Project Agreement. A 50% advance payment is required before commencement of project work. Late payments incur a statutory interest rate in accordance with Romanian commercial law. toporbitix reserves the right to suspend work if payments are overdue by more than 7 calendar days.

5. Confidentiality
Both parties agree to maintain strict confidentiality regarding proprietary information exchanged during the course of the engagement. This obligation survives the termination of the agreement for a period of 5 years. Exception is made for information that becomes publicly available through no fault of the receiving party.

6. Limitation of Liability
toporbitix's total liability under any Project Agreement shall not exceed the total fees paid by the client for the specific service giving rise to the claim. toporbitix shall not be liable for indirect, consequential, or incidental damages, including but not limited to loss of profits, data, or business opportunities.

7. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to natural disasters, pandemics, government actions, power failures, or internet infrastructure disruptions.

8. Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of Romania. Any disputes arising from or in connection with these terms shall be submitted to the exclusive jurisdiction of the courts of Timisoara, Romania.

9. Amendments
toporbitix reserves the right to amend these Terms of Service at any time. Material changes will be communicated to active clients via email with a minimum of 30 days notice. Continued use of our services following the effective date of any amendments constitutes acceptance of the updated terms.