PRIVACY POLICY AND TERMS OF USE
Version 1.1 | Date: 01.05.2026
Article 1. General information and parties
1.1. This document governs the terms of use of www.nucell-novus.com , including the rules for collecting, processing, storing and protecting users' personal data.
1.2. Administrator and owner of the site is: NuCell Novus / Albina Fabiani, UIC/Bulstat: 208555529 address: 18A Shipchenski Prohod Blvd., 3rd floor, Sofia 1113, e-mail: info@nucell-novus.com (hereinafter referred to as the Administrator).
1.3. By accessing and using the site, each user fully accepts these terms and conditions.
Art. 2. Scope of services
2.1. The Site provides information, concepts, methodologies and descriptions of services related to the activities of NuCell Novus. The content is of an informative nature and does not constitute individual consultation or contractual binding, unless expressly agreed otherwise in a written contract.
Art. 3. Personal data — categories and principles
3.1. The Administrator processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the Personal Data Protection Act (PDPA). The following categories of data are processed:
- identification data - name and surname;
- contact details - email address, phone number;
- communication data - content of inquiries and correspondence; - technical data - IP address, device type, access logs; - behavioral data - actions and navigation on the site.
3.2. The data is provided voluntarily by the user. Failure to provide mandatory data may limit access to certain services.
Legal basis: Art. 4, item 1 GDPR; Art. 5 GDPR (processing principles).
Art. 4. Purposes of processing
4.1. Personal data is processed for the following purposes:
- establishing contact and communication with the user;
- provision of requested services;
- organization of bookings and reservations;
- improving the functionality and content of the site;
- analysis of user behavior (with consent or legitimate interest); - direct marketing - only with explicit consent; - compliance with legal obligations.
Article 5. Legal basis for processing
5.1. The processing of personal data is carried out on one or more of the following legal grounds under Art. 6 GDPR:
- consent of the data subject - Art. 6, par. 1, b. a GDPR;
- performance of a contract or pre-contractual relationship - Art. 6, par. 1, b GDPR;
- compliance with a legal obligation - Art. 6, par. 1, b. in GDPR; - legitimate interest of the Administrator - Art. 6, par. 1, b. f GDPR.
Article 6. Data storage and deletion
6.1. Personal data are stored for the period necessary to achieve the purposes under Art. 4, but not longer than:
- contractual data - 5 years after termination of the contractual relationship; - marketing data - until withdrawal of consent; - technical data (logs) - up to 12 months.
6.2. After the expiry of the relevant period, the data is deleted or irreversibly anonymized.
Legal basis: Art. 5, para. 1, lit. e GDPR (principle of storage limitation).
Article 7. International data transfer
7.1. When transferring personal data to third countries outside the EU/EEA, the Administrator applies standard contractual clauses (SCC) approved by the European Commission, or another recognized mechanism under Chapter V of the GDPR.
Article 8. Rights of data subjects
8.1. Each user has the following rights under the GDPR:
- right of access - Article 15 GDPR;
- right to rectification - Article 16 GDPR;
- right to erasure (right to be forgotten) - Art. 17 GDPR;
- right to restriction of processing - Art. 18 GDPR;
- right to data portability - Article 20 GDPR;
- right to object - Article 21 GDPR;
- right to withdraw consent - Art. 7, par. 3 GDPR.
8.2. Applications are submitted to: info@nucell-novus.com . The administrator responds within 30 days, with the possibility of extension for another 60 days.
8.3. In case of violation of his rights, the user may file a complaint with the CPDP.
( www.cpdp.bg ).
Article 9. Cookies
9.1. The site uses the following types of cookies:
- necessary - for basic functionality; do not require consent;
- analytical - for traffic analysis;
- functional - to save preferences; - marketing - only with explicit consent.
9.2. The user may withdraw their consent at any time through the browser settings.
Legal basis: Art. 5, par. 3 of Directive 2002/58/EC; Art. 6, par. 1, b. a GDPR.
Article 10. Data security
10.1. The Administrator implements appropriate technical and organizational measures to protect personal data in accordance with Art. 32 GDPR.
10.2. In the event of a security breach affecting the rights of individuals, the Administrator shall notify the CPDP within 72 hours in accordance with Art. 33 GDPR.
Article 11. Intellectual property - general provisions
11.1. All texts, concepts, methodologies and visual materials on the site are the property of NuCell Novus Albina Fabiani and are protected by Copyright and applicable European legislation.
11.2. Copying or distributing the content without the express written consent of the Administrator is prohibited.
SECTION II: SYSTEM AND INTELLECTUAL PROPERTY PROTECTION
Art. 19. Definition and legal nature of the System
19.1. For the purposes of these terms and conditions, the NuCell Novus Albina Fabiani System (the System) is a complex of: methodologies, protocols, procedures, combinations of technologies, business models, client processes, structural solutions and accumulated know-how, regardless of the manner of their presentation, fixation or storage.
19.2. The system constitutes a protected trade secret within the meaning of the Trade Secrets Act (SG No. 28/2019).
d.), transposing Directive (EU) 2016/943, and subject to copyright under the Copyright Act.
19.3. Access to information through the site does not grant rights to use, reproduce or apply the System.
Legal basis: Art. 2 LLTT; Art. 3 ZAV.
Art. 20. Prohibition of copying and imitation
20.1. Any form of direct or indirect, in whole or in part: is prohibited.
- reproduction, adaptation or imitation of the System or its elements;
- creation of similar services, models or processes leading to functional similarity;
- using the System to achieve competitive advantage; - structuring services according to the same conceptual logic; - combining technologies in an analogous manner.
20.2. An infringement exists even in the absence of direct copying when the end result substantially resembles the System — functionally, structurally, or logically.
Legal basis: Art. 3 et seq. of the ZZTT; Art. 3, par. 1 of Directive (EU) 2016/943; Art. 30-31 of the ZAUT.
Article 21. Prohibition of know-how extraction and reverse engineering
21.1. It is prohibited to acquire information about the System through:
- visits or interactions with the services for the purpose of analysis or reverse engineering;
- participation in training for the purpose of subsequent copying or imitation;
- systematic monitoring of processes with the aim of their reproduction; - use of obtained information for competitive activity.
21.2. Any attempt to deconstruct the System constitutes a violation of these terms and conditions and applicable law, including through technical analysis, monitoring of system behavior or reconstruction of logical processes.
Legal basis: Art. 4, par. 1, b. c of Directive (EU) 2016/943; Art. 7, par. 1, item 3 of the ZZTT.
Article 23. Franchising and licensing
23.1. Use of the System is only permitted in the presence of:
- an explicit written agreement signed by the Administrator; - an official license agreement within the meaning of Art. 69 et seq. of the Code; - or a valid franchise agreement.
23.2. Any other form of use — including verbal permission or conclusive actions — is unauthorized and does not create any rights for the user.
Article 24. Violations, compensation and coercive measures
24.1. Upon detection of a violation, the Administrator has the right to take all legally permissible actions, including:
- immediate termination of access to the services;
- filing a claim for cessation of the violation;
- seeking compensation for direct damages, lost profits and reputational damage; - claim for unjust enrichment; - measures under the ZZTT.
24.2. The administrator has the right to demand immediate cessation of the violation by written notice (cease and desist), failure to comply with which shall be considered an aggravating circumstance when determining liability and the amount of compensation.
24.3. The administrator has the right to request the imposition of precautionary measures, including suspension of activity, seizure of materials and a ban on the use of similar services until the final resolution of the dispute, pursuant to Art. 389 et seq. of the Civil Procedure Code and Art. 15 of Directive (EU) 2016/943.
24.4. The infringer shall be liable for all direct damages and lost profits. The amount shall be determined based on the market value of the services and the realizable revenues, including the average market value of similar services in the relevant geographical region.
24.5. The violator shall be liable for a penalty of no less than EUR 50,000 (fifty thousand euros) for each individual violation. The penalty shall be payable regardless of the proof of the actual amount of the damage.
24.6. In case of intentional infringement or infringement with commercial purpose, the Administrator may also claim double the amount of the license fee - by analogy with Art. 95, para. 2 of the Copyright Act.
24.7. The violator shall also be liable for all legal costs, including attorney fees.
Legal basis: Art. 82-86 ZZD; Art. 92 ZZD (penalty); Art. 94-95 ZAvt.; Art. 11-13 ZZTT; Art. 389 et seq. CPC.
Article 25. Territorial protection
25.1. The rights granted under a license or franchise are limited to the geographical regions explicitly specified in the contract.
25.2. Use of the System or functionally similar models in certain geographical regions without express written permission is prohibited, including through direct or indirect participation in similar activity.
25.3. The Clauses are applicable on the territory of the Republic of Bulgaria, all EU member states, as well as in third countries in which the Administrator exercises rights over the System.
Article 26. Cumulative protection
26.1. The protection of the System is exercised cumulatively through:
- copyright - ZAVT.;
- trade secret - ZZTT and Directive (EU) 2016/943;
- unfair competition - LPC;
- contractual restrictions - Contractual Contracts Act;
- all applicable legal mechanisms at national and European level.
26.2. The exercise of one method of protection does not exclude the simultaneous application of the others.
Article 27. Standard of proof of violation
27.1. A violation is present when a substantial similarity in structure, logic or processes is established, including in the case of:
- similar service architecture;
- identical or analogous internal logic;
- similar customer process or user experience;
- reproduced sequence of methodological steps.
27.2. In the presence of substantial similarity, infringement shall be presumed unless the contrary is proven. The burden of proof for the existence of independent development shall be borne by the person against whom the infringement claim is made.
Legal basis: analogy with Art. 17 of Directive (EU) 2019/790; Art. 154 of the Civil Procedure Code.
Article 28. Applicable law and jurisdiction
28.1. This document shall be governed and interpreted in accordance with the law of the Republic of Bulgaria.
28.2. For all disputes, the parties agree on the exclusive jurisdiction of the court in the city of Sofia (District Court for disputes up to BGN 25,000; Sofia City Court for disputes over BGN 25,000).
28.3. In the case of cross-border infringements within the EU, Regulation (EU) No 1215/2012 shall apply.
Article 29. Confidentiality and obligations of third parties
29.1. The obligations under Section II apply to all persons who have gained access to information about the System - employees, subcontractors, trainees and partners, as well as persons who have gained access indirectly through third parties.
29.2. The Administrator shall enter into separate NDAs with these persons before providing access to protected information.
29.3. Violation of confidentiality by a third party does not relieve the person who engaged him from liability.
Article 30. Severability, amendments and versioning
30.1. If a competent court declares a clause invalid, the remaining clauses shall retain their full force and effect.
30.2. The Administrator reserves the right to amend these terms and conditions. Amendments shall enter into force on the date of their publication.
30.3. Continued use of the site after the publication of changes is considered tacit acceptance.
30.4. This document is Version 1.1. Each subsequent version is designated sequentially and archived.
Contact
Email: info@nucell-novus.com
Administrator: NuCell Novus Albina Fabiani
UIC / Bulstat: 208555529
Address: 18A Shipchenski Prohod Blvd., 3rd floor, Sofia 1113