LEGAL FRAMEWORK
Complete regulatory documentation compliant with EU General Data Protection Regulation (GDPR) standards.
Privacy Policy
1. Data Controller Information
The data controller responsible for processing your personal data is nextbrandagency, registered at Carrer de Fontanella 18, Barcelona, Ciutat Vella, España. For any data protection inquiries, please contact us at [email protected].
2. Data Collection and Processing
We collect and process personal data solely for the purpose of providing our digital agency services. The types of data we may collect include:
- Contact information (name, email address, phone number)
- Business information (company name, industry, project requirements)
- Communication records (messages, inquiries, project correspondence)
- Technical data (IP address, browser type, device information)
- Usage data (pages visited, time spent, navigation patterns)
3. Legal Basis for Processing
We process your personal data based on the following legal grounds under Article 6 of the GDPR:
- Consent: When you voluntarily provide your data through contact forms or direct communication.
- Contractual Necessity: When processing is necessary for the performance of a contract or pre-contractual measures.
- Legitimate Interest: When processing is necessary for our legitimate business interests, provided they do not override your fundamental rights.
4. Data Retention
Your personal data will be retained only for as long as necessary to fulfill the purposes for which it was collected. Client data is typically retained for the duration of the business relationship plus 5 years, in accordance with Spanish commercial and tax regulations.
5. Data Security
nextbrandagency implements appropriate technical and organizational measures to ensure the security of your personal data, including encryption, access controls, regular security assessments, and employee training on data protection protocols.
6. Your Rights Under GDPR
Under the General Data Protection Regulation, you have the following rights:
- Right of Access (Article 15): Obtain confirmation of whether we process your data and receive a copy.
- Right to Rectification (Article 16): Request correction of inaccurate or incomplete data.
- Right to Erasure (Article 17): Request deletion of your data when no longer necessary.
- Right to Restriction (Article 18): Request limitation of processing in certain circumstances.
- Right to Data Portability (Article 20): Receive your data in a structured, machine-readable format.
- Right to Object (Article 21): Object to processing based on legitimate interests.
7. International Data Transfers
As a Barcelona-based agency, we primarily process data within the European Economic Area (EEA). Any transfers outside the EEA are conducted with appropriate safeguards, including Standard Contractual Clauses (SCCs) approved by the European Commission.
8. Supervisory Authority
You have the right to lodge a complaint with the Spanish Data Protection Agency (AEPD) if you believe your data protection rights have been infringed. Visit www.aepd.es for more information.
Refund Policy
1. General Refund Terms
At nextbrandagency, we are committed to delivering high-quality digital services. Refund requests are evaluated based on the project stage, work completed, and adherence to the agreed project scope.
2. Eligible Refund Scenarios
- Services not delivered within the agreed timeframe without valid justification
- Deliverables significantly deviating from the approved project specifications
- Cancellation before project commencement (within 48 hours of payment)
- Technical failures directly attributable to our systems or processes
3. Non-Refundable Items
- Work completed and approved during project milestones
- Third-party costs incurred on behalf of the client (domain registrations, hosting fees, stock assets)
- Consulting and strategy sessions already delivered
- Custom development work that has been deployed to production
4. Refund Request Process
To request a refund, contact us at [email protected] with your project details and reason for the request. We will review your case within 5 business days and respond with a resolution.
5. Refund Processing
Approved refunds are processed within 10 business days using the original payment method. For international transactions, processing times may vary depending on your financial institution.
Terms of Service
1. Acceptance of Terms
By engaging the services of nextbrandagency, located at Carrer de Fontanella 18, Barcelona, Ciutat Vella, España, you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you and nextbrandagency.
2. Scope of Services
nextbrandagency provides digital agency services including but not limited to brand strategy, web development, UI/UX design, digital marketing, content production, and analytics. The specific scope of services is defined in individual project agreements and statements of work.
3. Payment Terms
- Invoices are due within 14 days of issuance unless otherwise specified in the project agreement.
- Late payments may incur a 2% monthly interest charge.
- Project deposits (typically 30-50%) are non-refundable once work has commenced.
- All prices are exclusive of VAT, which will be applied according to applicable Spanish tax law.
4. Intellectual Property
Upon full payment, all deliverables and intellectual property created specifically for the client are transferred to the client. However, nextbrandagency retains the right to use anonymized case studies and portfolio pieces for marketing purposes unless explicitly prohibited in writing.
5. Project Timelines
Project timelines are estimates provided in good faith. Delays caused by client feedback, scope changes, or third-party dependencies may extend the original timeline. Both parties agree to communicate promptly regarding any potential delays.
6. Limitation of Liability
nextbrandagency's total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project in question. We are not liable for indirect, incidental, or consequential damages.
7. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of the business relationship. This obligation survives the termination of the agreement for a period of 3 years.
8. Termination
Either party may terminate the agreement with 30 days written notice. In the event of termination, the client is responsible for payment of all work completed up to the termination date.
9. Governing Law
These Terms of Service are governed by the laws of Spain. Any disputes shall be resolved through the competent courts of Barcelona, Spain.
10. Contact Information
For questions regarding these Terms of Service, contact nextbrandagency at:
- Email: [email protected]
- Phone: +34 680 37 16 59
- Address: Carrer de Fontanella 18, Barcelona, Ciutat Vella, España