Privacy Policy - onmictlan.com

Welcome to Onmictlan™. This Privacy Policy describes how we collect, use, store, and protect the personal information we receive through our website onmictlan.com and related services. We are committed to ensuring the privacy and security of your data in compliance with international standards such as GDPR (Europe), CCPA (California), and LFPDPPP (México).

Interpretation and Definitions

2.1 Interpretation

Words with an initial capital letter have meanings defined under the following conditions. The following definitions have the same meaning whether they appear in singular or plural, or are expressed with different grammatical genders.
If any provision of this Privacy Policy is found to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed deleted without affecting the validity, legality, or enforceability of the remaining provisions.
This Policy shall be interpreted in accordance with principles of good faith, transparency, legality, and proportionality, in alignment with both national and international personal data protection regulations.

2.2 Definitions

For the purposes of this Privacy Policy:

“Account” means a unique profile created for You to access our products, services, or parts of our Website.
“Company,” “we,” “us,” or “our” refers to Onmictlan™, founded by Kevin E.C.G. (pseudonym: Räfthkan™), responsible for processing your data.
“Cookies” are small files placed on your device by a website to store information, such as your browsing history, preferences, session data, or analytics.
“Personal Data” (also called Personally Identifiable Information) refers to any information related to an identified or identifiable natural person, such as name, email address, IP address, location, online identifiers, or any information that directly or indirectly identifies an individual.
“Device” means any apparatus that can access the Service, such as a computer, smartphone, or digital tablet.
“Applicable Data Protection Law” refers to all current laws and regulations related to privacy and the protection of personal data, including but not limited to:
The EU General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”),
The California Consumer Privacy Act (“CCPA”),
The Mexican Federal Law on the Protection of Personal Data Held by Private Parties (“LFPDPPP”),
The U.S. Children’s Online Privacy Protection Act (“COPPA”), and any other applicable local, national, or international regulation.
“Service” refers to the official Onmictlan™ website, its features, digital content, products, and any platform under our direct administration.
“Website” refers to onmictlan.com, owned by Onmictlan™.
“Third Parties” or “external providers” refer to entities or services not directly controlled by Onmictlan™ that may process data, such as payment platforms, analytics tools, hosting services, social networks, among others.
“You,” “User,” “Visitor,” or “Client” refers to the natural or legal person accessing or using the Website or our Services.
“Consent” means any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.
“Data Processing” means any operation or set of operations performed on personal data, whether by automated means or not, such as collection, recording, organization, structuring, storage, alteration, retrieval, use, disclosure, restriction, erasure, or destruction.

Identity of the Controller and Founder

The data controller for personal information collected through this website is Onmictlan™, a creative and independent entity founded and operated by Räfthkan™ (pseudonym of Kevin E.C.G.).

Contact Email: contact@onmictlan.com

Räfthkan™ (Kevin E.C.G.) holds all intellectual property rights related to the franchises, brands, artworks, digital products, and original content published through Onmictlan™, including but not limited to Cinco Soles™ and other narrative universes developed.

Any inquiries regarding data processing, user rights, intellectual property, or legal matters may be directed to the contact address listed above.

Onmictlan™ operates in compliance with Mexican data protection laws, as well as international regulations such as GDPR (EU), CCPA (California), and other applicable norms depending on the user’s jurisdiction.

Guiding Principles

Onmictlan™ is committed to processing user’s personal data in accordance with the principles established by applicable national and international data protection laws. These principles ensure ethical, transparent, and responsible handling of the information collected. Our guiding principles are:

Lawfulness: We only collect and process personal data when there is a valid legal basis to do so.
Fairness and Transparency: We clearly inform users about how and why their data is collected.
Purpose Limitation: Personal data is processed solely for specific, explicit, and legitimate purposes disclosed in this policy.
Data Minimization: We only request data strictly necessary to fulfill the purposes of processing.
Accuracy: We keep personal data up-to-date and take reasonable steps to ensure it is accurate and complete.
Storage Limitation: We retain personal data only for as long as necessary to fulfill the purposes of processing or as required by law.
Integrity and Confidentiality: We apply appropriate technical and organizational measures to protect data against unauthorized access, loss, alteration, or misuse.
Proactive Accountability: We commit to complying with and demonstrating compliance with the above principles through policies, audits, and continuous improvements.

Data We Collect

Onmictlan™ collects and processes various types of personal data to provide a secure, functional, and personalized experience. This data may be obtained directly or automatically and is classified as follows:

a) Data provided directly by the user:

Full name
Email address
Shipping or billing address
Voluntarily shared content: such as comments, reviews, messages, or contact forms
Information related to purchases, donations, or requests made through our website

b) Data collected automatically:

IP address
Browser type and operating system
Navigation data, usage behavior, and time spent on the site via cookies and analytics tools
Technical information about devices used to access the site

c) Financial data:

Payment information, which is processed by secure external platforms such as Stripe or PayPal. Onmictlan™ does not directly store banking or credit card details.

d) Data collected from third parties:

If the user accesses through an external account (such as Google or social networks), we may receive certain basic data associated with that account, in accordance with the user’s privacy settings on that platform.

Use of Information

Onmictlan™ uses the personal data collected for the following purposes:

a) Service provision and operations:

Processing orders, subscriptions, art commissions, donations, and other user requests.
Managing shipments and deliveries of physical or digital products.
Sending confirmations, invoices, notifications about order status, or technical support.

b) Communication:

Sending newsletters, promotions, or personalized offers only if the user has given explicit consent.
Informing about updates, policy changes, or service interruptions.

c) Continuous improvement of the site:

Analyzing browsing behavior to improve structure, functionality, and user experience.
Conducting statistical studies, surveys, or A/B testing in an aggregated and anonymous manner.

d) Security and prevention:

Preventing fraudulent or unauthorized activities.
Detecting and mitigating security risks or unauthorized access.

e) Legal compliance:

Complying with applicable legal, tax, or contractual obligations in each jurisdiction.
Responding to requests from competent authorities when necessary.

f) Personalization (when applicable):

Displaying content, products, or personalized suggestions based on user preferences or activity (if consent has been obtained).

Purpose of Personal Data Processing

The personal data provided by the user will be processed exclusively for the purposes expressly indicated in this Privacy Policy, which include:

Management of orders, donations, and user accounts.
Sending informational or promotional communications, provided the user has given their consent.
Statistical analysis and service improvement.
Compliance with legal obligations.

Personal data will not be used for purposes incompatible with those mentioned, nor will they be transferred to third parties without an adequate legal basis or without the consent of the data subject, except where required by law.

Digital Product Usage Licenses

The digital products offered by Onmictlan™, such as brushes, design files, downloadable resources, and other digital materials, are provided under a limited commercial use license, which establishes the following conditions:

The user is authorized to use these resources in personal or commercial projects as part of a final work, for example, illustrations, comics, visual concepts, or any completed creative product.
Resale, sublicensing, redistribution, or sharing of these files independently, whether free of charge or for commercial purposes, is strictly prohibited.
The user does not acquire ownership or exclusive rights over the original file, but only a non-exclusive, non-transferable license limited to the scope defined in this document.
Any breach of these conditions may result in the immediate suspension of the user’s account and corresponding legal action to protect the rights of Onmictlan™.

Legal Basis for Personal Data Processing

The processing of personal data carried out by Onmictlan™ is based on one or more of the following legal grounds, in accordance with applicable international regulations such as the European Union General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and similar laws in other jurisdictions:

User consent: When the data subject gives their free, specific, informed, and unequivocal consent for the processing of their personal data, such as when subscribing to newsletters, making donations, or participating in promotions.
Performance of a contract: When data processing is necessary for the execution of a contract to which the user is a party, such as the purchase of products, contracting services, or carrying out personalized commissions.
Legitimate interest of the Controller: When processing responds to the legitimate interests of Onmictlan™, such as improving user experience, optimizing services, preventing fraud, or ensuring security, provided that these interests are not overridden by the fundamental rights and freedoms of the user.
Compliance with a legal obligation: When applicable law requires Onmictlan™ to retain or provide certain information to comply with tax, accounting, regulatory, or judicial obligations.

Disclosure of Data to Third Parties

Onmictlan™ does not sell, rent, or share users’ personal data with third parties without their explicit consent, except in the following cases:

Essential service providers: We share information with third parties necessary for the operation of the site and the delivery of our services, such as payment platforms (e.g., Stripe or PayPal), logistics providers (such as Printful), email marketing services (such as Brevo), and analytics tools (such as Google Analytics), always under agreements that ensure data confidentiality and security.
Legal compliance: We may disclose data when required by law, court order, or competent authority, or to exercise or defend legal rights in legal proceedings.
Transfers necessary for the contract: When necessary for the performance of a contract requested by the user, such as processing an order, a donation, or the delivery of a physical or digital product.

In all cases, reasonable measures are taken to ensure that the data shared is minimal, secure, and used only for the established purposes.

International Data Transfers

Onmictlan™ operates internationally; therefore, your personal data may be transferred, stored, or processed in countries outside your local jurisdiction, including, but not limited to, the United States. This may occur, for example, when we use third-party services such as Brevo (for email marketing), Printful (for print-on-demand product management), and PayPal or Stripe (for payment processing).

When transferring your personal data to third countries that may not provide an equivalent level of data protection as your country of origin, we take necessary measures to ensure such data is adequately safeguarded. This includes the use of recognized legal mechanisms, such as the European Commission’s Standard Contractual Clauses (SCCs), additional contractual agreements, and transfer impact assessments where applicable.

By using our site or providing us with your data, you expressly consent to these international transfers in accordance with this Privacy Policy. We are committed to protecting your information in compliance with applicable privacy laws and ensuring that our providers maintain adequate confidentiality and security standards.

If you would like more information about these safeguards or wish to exercise your rights regarding the international transfer of your data, please contact us at: contact@onmictlan.com

Protection of Minors

Onmictlan™ is committed to protecting the privacy and safety of minors who interact with our services. We do not knowingly collect personal information from children under the age of 13, nor do we knowingly allow minors to use our services without the prior verifiable consent of their parents or legal guardians, in compliance with the U.S. Children’s Online Privacy Protection Act (COPPA) and other applicable international laws.

We understand that the minimum age for giving consent may vary depending on the applicable legislation in each jurisdiction, and we adapt our practices accordingly.

We implement reasonable mechanisms to prevent the registration and collection of personal data from minors without the appropriate consent. However, the supervision and control of minors’ access to and use of our services is the responsibility of parents or legal guardians.

If we become aware or are notified that we have collected personal data from a minor without verifiable parental or guardian consent, we will take immediate steps to delete such information from our records.

Parents or legal guardians may exercise the rights of access, rectification, or deletion of the personal data of minors under their care by sending a request to: contact@onmictlan.com. We commit to handling such requests with priority and in accordance with applicable legislation.

Furthermore, Onmictlan™ is not responsible for purchases made by minors using credit cards, debit cards, or other payment methods belonging to their parents or guardians. It is presumed that any purchase made through our channels has been authorized by the holder of the payment method.

We strongly recommend that parents and guardians supervise and control minors’ use of the internet and our services to prevent any unauthorized or inappropriate use.

Cookies and Similar Technologies

Onmictlan™ uses cookies and similar technologies to improve browsing experience and website functionality. Below is a description of the types of cookies used and how you can manage them:

Essential Cookies: Required for the basic functioning of the site, such as keeping your session active or managing the shopping cart. These cookies do not require prior consent.
Analytical Cookies: We collect anonymous data to understand how users interact with the site, through tools such as Google Analytics, allowing us to improve content and usability.
Marketing Cookies: Used to display personalized ads and measure the effectiveness of advertising campaigns.
Cookie Management:
You can accept or reject cookies via the cookie settings panel available on our website upon entry, or by configuring your browser’s cookie preferences.
Disabling Cookies:
If you choose to disable or delete cookies from your browser, some site functionalities may be affected or may not work properly.

For more information, please refer to our full Cookie Policy.

User Rights (ARCO Rights)

As a user, you have the following rights regarding your personal data, in accordance with applicable laws such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and the Federal Law on Protection of Personal Data Held by Private Parties (México):

Access: Right to request information about the personal data we hold about you and how it is used.
Rectification: Right to correct or update your data if it is inaccurate or incomplete.
Erasure (Cancellation): Right to request the deletion of your personal data when it is no longer necessary for the purposes for which it was collected, except for legal obligations preventing such deletion.
Objection: Right to object to the processing of your data for legitimate reasons, except where legal exceptions apply.
Portability: Right to receive your personal data in a structured, commonly used, and machine-readable format to transfer it to another provider.
Restriction: Right to request the temporary limitation of the processing of your data in certain circumstances.

To exercise any of these rights, you can contact us at: contact@onmictlan.com
We will respond to your request within a maximum of 30 business days, in accordance with applicable law.

Means of Exercising Rights

You may exercise your ARCO rights (Access, Rectification, Cancellation, and Objection) and other rights related to your personal data by sending a written request to: contact@onmictlan.com

The request must include:

Your valid identification to verify your identity.
A clear and specific description of the right you wish to exercise.

Onmictlan™ will respond to your request within a maximum of 30 business days, in accordance with applicable laws. If additional information is required to process your request, we will contact you.

Security Measures

Onmictlan™ applies appropriate technical, administrative, and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. These include, but are not limited to:

Encryption of sensitive data during transmission and storage.
Use of secure passwords and authentication to access systems.
Restricted storage access only to authorized personnel.
Continuous monitoring and security audits to detect and prevent vulnerabilities.
Despite these measures, no system is completely infallible; therefore, we recommend that you keep your credentials secure.

Data Retention

Personal data will be stored only for the time necessary to fulfill the purposes for which it was collected, including service provision, compliance with legal obligations, or dispute resolution.

Once these purposes have been fulfilled or legal retention periods have expired, the data will be securely deleted or anonymized.

User-Generated Content

Any content that users post on the Onmictlan™ website — including but not limited to comments, reviews, fan art, and any other form of contribution or interaction — may be visible to other users and the general public.

By posting such content, the user grants Onmictlan™ a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, publish, translate, distribute, and publicly display that content in any media or platform, for purposes related to the promotion and operation of the site.

The user warrants that they own the necessary rights to the posted content and that it does not infringe the rights of third parties or contain illegal, offensive, or inappropriate material.

Onmictlan™ strictly protects third-party intellectual property rights. Any content found to infringe copyrights, trademarks, or other intellectual property rights will be removed immediately without prior notice.

The user is solely legally responsible for the content they post and for any claim, damage, cost, or legal consequence arising from the infringement of third-party rights or from posting illegal, offensive, or inappropriate content.

Onmictlan™ assumes no responsibility for user-generated content and reserves the right to modify, remove, block, or restrict access to any content deemed to violate these conditions or to be inappropriate, without prior notice.

Users and third parties are also encouraged to report any content they believe infringes intellectual property rights or may be illegal, so that it can be reviewed and acted upon accordingly.

Payment Platform Integration

All financial transactions carried out on the Onmictlan™ website are managed exclusively by secure external platforms such as Stripe or PayPal.

Onmictlan™ does not store or process complete credit or debit card information, thereby reducing associated risks.

Each payment platform has its own Privacy Policy and Terms of Use, which we recommend reviewing to understand how your financial data is managed and protected.

User Responsibility

The user warrants that the information and personal data provided to Onmictlan™ is truthful, complete, and up-to-date.

It is the user’s responsibility to maintain the confidentiality of their credentials (username and password) and to immediately notify us of any unauthorized use or suspected compromise of their account.

Onmictlan™ is not responsible for any loss or damage caused by the misuse or negligent handling of the user’s account.

Limitation of Liability

Onmictlan™ does not guarantee uninterrupted or error-free availability of the website or services offered.
It will not be liable for direct, indirect, incidental, consequential, or special damages resulting from the use or inability to use the site, including data loss or loss of profits, unless otherwise required by applicable law.
The user assumes responsibility for using the site appropriately and in compliance with current laws and regulations.

Policy Changes

Onmictlan™ reserves the right to modify this Privacy Policy at any time for legal, technical, or commercial reasons.
Modifications will take effect immediately upon their publication on this website.
Users are encouraged to periodically review this policy to stay informed about any changes.

Political and Religious Neutrality

Onmictlan™ is a creative entertainment studio that maintains absolute neutrality regarding political, ideological, and religious matters.
It does not endorse or promote any ideology, political party, religion, or group of any kind.
Any interpretation or ideological attribution of published content is the sole responsibility of the user and does not reflect the studio’s official stance.

International Shipping and Jurisdiction

Onmictlan™ carries out international shipments through external providers but is not responsible for delays, taxes, duties, customs holds, or legal restrictions applicable in the destination country.
It is the buyer’s responsibility to be informed of and comply with their country’s import and customs regulations.
All transactions and commercial relationships are governed exclusively by Mexican law, and any dispute will be submitted to the competent courts in México, unless otherwise required by applicable law.

Applicable Laws and Jurisdiction

This Privacy Policy is primarily governed by the laws of México, particularly the Federal Law on Protection of Personal Data Held by Private Parties.
Additionally, relevant international standards are observed and respected, including the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) in the United States.
Any dispute arising in relation to this policy will be subject to the exclusive jurisdiction of the competent courts in México, unless otherwise required by applicable legislation.

Consent and Updates

By using the website and its services, you explicitly agree to and accept the terms set forth in this Privacy Policy.
For detailed information about your rights, obligations, and the use of our services, please also review our Terms and Conditions, available in the dedicated section of our website.

Onmictlan™ will notify users via email or visible notices on the website of any significant changes to this policy that may affect the processing of their personal data.
It is recommended to periodically review this page to remain informed of any modifications.

It is recommended to periodically review this page to remain informed of any modifications.

Contact

For any questions, requests, or concerns related to this Privacy Policy, you may contact us via the following email address:
contact@onmictlan.com
We are committed to responding to your requests within a reasonable time frame in accordance with applicable legislation.

International Best Practices Clauses

The art, franchises, characters, and all original content developed and published by Onmictlan™ are protected by international copyright and intellectual property laws.
Commercial use, transformation, editing, reproduction, distribution, or resale of the content is not permitted without the express written authorization of Onmictlan™.
The user agrees that no visual, graphic, or written content may be used for the creation, training, or distribution of artificial intelligence models (AI training data), non-fungible tokens (NFTs), or other similar digital products without express written authorization.
Onmictlan™ reserves the right to take legal action for any unauthorized use, reproduction, or distribution of its content.

Additional Disclaimers

Donations made to Onmictlan™ are entirely and absolutely non-refundable. They do not create any obligation to deliver products or services, nor do they grant rights over works, franchises, or creative decisions, unless expressly stated otherwise.
Printed comics and other physical products may only be returned or refunded if they have verifiable manufacturing defects. Notification must be made within 7 business days of receiving the product.
Digital brushes and other downloadable resources may be used in commercial projects, but resale, redistribution, sublicensing, or sharing without prior written authorization is strictly prohibited.

For legal questions or inquiries, you may contact:
© Onmictlan™ / Räfthkan™
Email: contact@onmictlan.com
Website: onmictlan.com

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