Regulatory Compliance Index

1. Data Controller Identity

The data controller responsible for processing personal data collected through this website is KernovaX, registered at 2018, Frankrijklei 33, Antwerpen, Belgium. For all data protection inquiries, you may contact our designated Data Protection Officer at [email protected].

2. Categories of Personal Data Processed

We collect and process the following categories of personal data in accordance with the General Data Protection Regulation (EU) 2016/679:

• Identity Data: Full name, professional title, and organization affiliation provided through contact forms.
• Contact Data: Email address, telephone number, and physical mailing address submitted during service inquiries.
• Technical Data: IP address, browser type and version, operating system, device identifiers, and access timestamps collected automatically through server logs.
• Usage Data: Page navigation patterns, session duration, interaction events, and referral sources gathered through analytics instrumentation.

3. Legal Basis for Processing

We process personal data under the following legal bases as defined in Article 6(1) of the GDPR:

• Consent (Art. 6(1)(a)): Where you have explicitly consented to processing for specific purposes, such as marketing communications.
• Contract Performance (Art. 6(1)(b)): Where processing is necessary for the performance of a contract to which you are a party, or to take pre-contractual steps at your request.
• Legitimate Interest (Art. 6(1)(f)): Where processing is necessary for our legitimate interests, including service improvement, fraud prevention, and network security, provided these interests are not overridden by your fundamental rights.

4. Data Retention Periods

Personal data is retained only for the duration necessary to fulfill the purposes for which it was collected. Contact form submissions are retained for a maximum of 24 months from the date of submission. Technical logs are automatically purged after 90 days. Where data is processed under consent, it is retained until consent is withdrawn.

5. Data Recipients and Third-Party Disclosure

Personal data may be shared with the following categories of recipients: hosting infrastructure providers operating within the European Economic Area, payment processing services compliant with PCI-DSS standards, and analytics processors operating under data processing agreements. We do not sell, rent, or commercially distribute personal data to third parties for their own marketing purposes.

6. International Data Transfers

Where personal data is transferred outside the European Economic Area, we ensure appropriate safeguards are in place, including Standard Contractual Clauses (SCCs) approved by the European Commission, or transfer to jurisdictions that have received an adequacy decision under Article 45 of the GDPR.

7. Data Subject Rights

Under the GDPR, you possess the following rights regarding your personal data:

• Right of Access (Art. 15): You may request confirmation of whether we process your personal data and obtain a copy of such data.
• Right to Rectification (Art. 16): You may request correction of inaccurate personal data or completion of incomplete data.
• Right to Erasure (Art. 17): You may request deletion of your personal data where there is no compelling legal ground for continued processing.
• Right to Restriction (Art. 18): You may request restriction of processing in specific circumstances, including pending verification of accuracy.
• Right to Data Portability (Art. 20): You may receive your personal data in a structured, commonly used, machine-readable format.
• Right to Object (Art. 21): You may object to processing based on legitimate interests, including profiling.

To exercise any of these rights, submit a written request to [email protected]. We will respond within 30 calendar days of receipt.

8. Right to Lodge a Complaint

If you believe that the processing of your personal data infringes the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work, or place of the alleged infringement.

1. Cookie Classification

This website employs cookies and similar tracking technologies to ensure operational functionality and improve user experience. Cookies are categorized as follows:

• Strictly Necessary Cookies: Essential for core website operations including session management, security token validation, and load balancing. These cookies cannot be disabled as they are required for the website to function.
• Functional Cookies: Enable personalized features such as language preferences, display settings, and previously submitted form data. These cookies enhance usability but are not strictly required.
• Analytics Cookies: Collect anonymized usage data including page views, navigation paths, and interaction patterns. This data assists in optimizing website performance and content relevance.

2. Consent Mechanism

Upon your first visit, a consent management interface is presented allowing you to accept or decline non-essential cookies. Your choice is recorded in browser local storage and respected across subsequent sessions. You may modify your cookie preferences at any time by clearing your browser storage or contacting us directly.

3. Third-Party Cookies

Analytics services may set cookies on your device for performance monitoring purposes. These third-party cookies are subject to the respective privacy policies of their providers. We maintain data processing agreements with all third-party processors to ensure GDPR compliance.

4. 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 delete them manually. The maximum retention period for persistent cookies on this website is 12 months.

5. Managing Cookies

You may control cookie settings through your browser configuration. Most browsers allow you to block or delete cookies, though this may impair website functionality. Detailed instructions for managing cookies in major browsers are available through the browser's help documentation.

1. Refund Eligibility

Refund requests are evaluated based on the following criteria: (a) the service has not yet commenced execution; (b) the deliverable materially deviates from the agreed specification; or (c) the project has been terminated due to force majeure circumstances. Partial refunds may be issued proportional to completed work milestones.

2. Refund Request Procedure

All refund requests must be submitted in writing to [email protected] within 14 calendar days of the relevant invoice date. The request must include the invoice reference, a description of the grounds for the refund, and any supporting documentation. We will acknowledge receipt within 3 business days and provide a substantive response within 30 calendar days.

3. Non-Refundable Items

The following are not eligible for refund: (a) completed work that has been approved and delivered; (b) third-party licensing fees incurred on your behalf; (c) domain registration or hosting fees already processed; (d) consultancy sessions that have been conducted in full.

4. Refund Processing

Approved refunds are processed within 14 business days to the original payment method. Currency conversion fees incurred during the refund transaction are borne by the recipient. We reserve the right to offset refund amounts against any outstanding invoices.

5. Dispute Resolution

In the event of a refund dispute, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days before initiating formal dispute proceedings. This agreement is governed by the laws of the Kingdom of Belgium, and any disputes shall be submitted to the exclusive jurisdiction of the courts of Antwerp.

1. Scope of Services

KernovaX provides digital engineering, web development, and consulting services as described in individual project proposals and statements of work. Each engagement is governed by a specific project agreement that supplements these general terms. In the event of conflict between a project agreement and these terms, the project agreement shall prevail.

2. Client Obligations

The client agrees to: (a) provide timely access to necessary systems, credentials, and materials; (b) designate a primary point of contact with decision-making authority; (c) review and provide feedback on deliverables within agreed review periods; (d) ensure that all provided materials do not infringe upon third-party intellectual property rights.

3. Intellectual Property

Upon full payment of all applicable invoices, the client receives a perpetual, non-exclusive license to use all custom-developed deliverables. KernovaX retains ownership of pre-existing tools, frameworks, and methodologies used in service delivery. Third-party components remain subject to their respective license terms.

4. Payment Terms

Invoices are issued according to the milestone schedule defined in each project agreement. Payment is due within 14 calendar days of invoice date. Late payments accrue interest at a rate of 1.5% per month, calculated daily from the due date. KernovaX reserves the right to suspend work on any project where payment is overdue by more than 21 days.

5. Confidentiality

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

6. Limitation of Liability

KernovaX's total aggregate liability under any project agreement shall not exceed the total fees paid by the client for the specific service giving rise to the claim. KernovaX shall not be liable for indirect, consequential, or punitive damages, including lost profits, data loss, or business interruption.

7. Termination

Either party may terminate a project agreement with 14 days written notice. Upon termination, the client is obligated to pay for all work completed up to the termination date. KernovaX will deliver all completed work product and transition materials within 10 business days of termination.

8. Governing Law

These terms and all project agreements are governed by the laws of the Kingdom of Belgium. Any disputes arising from or in connection with these terms shall be submitted to the exclusive jurisdiction of the courts of Antwerp, Belgium.