CLAUSE (1). Definitions
AAIP: Agency for Access to Public Information created by Law No. 27,275.
Access: one or more actions by the User necessary: in the case of the Site, to Access the Site; or, in the case of a Third Party Site, to open one or more HTTP or HTTPS connections, respectively, between the Internet address of such Third Party Site and the Internet address of a device used by the User to open each such connection, in accordance with the Hypertext Transfer Protocol (HTTP) or the Hypertext Transfer Protocol Secure (HTTPS).
Site Access: the opening in accordance with the Internet protocol called Hypertext Transfer Protocol (HTTP) or the Internet protocol called Hypertext Transfer Protocol Secure (HTTPS) of one or more HTTP or HTTPS connections, respectively, between the Internet address of the Site and the Internet address of a device used by the User to open each such connection.
Activity on the Site: the use by the User of one or more functionalities included and enabled on the Site.
Administrator: the following legal entity: Dynamo Mobile SRL, with CUIT 30-71240770-7, registered in the Autonomous City of Buenos Aires by the General Inspectorate of Justice under No. 2508.
Public Authority: any legislative, executive or judicial body of national, provincial or municipal nature.
Cookie: each digital file that meets the following requirements: (1) it is created by an Internet site accessed by the User for the first time; (2) it stores one or more data about the User (e.g., his/her login ID) and/or the User's activity on such Internet site (e.g., the selections made) for the purpose of facilitating the User's access to and activity on such Internet site for at least a second time; (3) is stored by the web browser that the User used to access such Internet site for the first time; and (4) can be read only or read and modified by such Internet site if the User re-accesses such Internet site using the same web browser for at least a second time.
Security Credential: one or more Personal Data and/or other data or other information provided by a human person, by himself or herself or by means of a computer program not expressly authorized in advance by the Administrator, to give such human person a unique and unambiguous identity as a User.
Personal Data: each data owned by the User (including, without limitation, each data about the device used by the User to Access the Site - model, operating system, connection, etc. - and the geographical location of the User during the Permanence on the Site) that meets the following requirements: (1) pursuant to Law 25326 the Administrator is not prohibited from collecting it from the User pursuant to section (b) of the Privacy and Personal Data Protection Clause; and (2) it is not public knowledge at the time the Administrator collects it from the User pursuant to section (b) of the Privacy and Personal Data Protection Clause.
Law 25326: Law No. 25,326 and Decree No. 1558/2001 of the National Executive Power.
Control Body: the AAIP or such other Public Authority as may be endowed with the competence set forth in article 29 of Law 25326 in replacement of the AAIP.
Stay on the Site: one or more actions of the User, on the Site and in accordance with the T&Cs, necessary to extend the Stay on the Site.
Stay on the Site: the time elapsing from, and including, the Access to the Site until, and including, the Exit from the Site.
Owner: the Administrator.
Exit from the Site: the closure according to the Hypertext Transfer Protocol (HTTP) or the Hypertext Transfer Protocol Secure (HTTPS) of the only or the last, as the case may be, HTTP or HTTPS connection, respectively, opened by the Site Access.
Site: each digital file empty or containing one or more texts (original or authorized reproductions), images, videos, sounds, graphics, icons, logos, isotypes, trademarks, drawings, emblems, color combinations, combination of letters and numbers, advertising phrases or other digital or digitized content (other than software instructions) and each software file (whether using one or more of the foregoing digital files or not) directly or indirectly associated by the Administrator with the Internet address to which the following domain name corresponds: https://www.dynamomovil.com/ .
Third Party Site: each Internet address other than the Site.
Unauthorized Software: one or more digital files, executable or not, or computer programs other than Prohibited Software and developed to modify, alone or linked to one or more other digital files or computer programs (whether or not with the prior express authorization of the Administrator on the Site and/or by e-mail sent to the User), in an actual or potential manner, in whole or in part, temporarily or permanently, with immediate or deferred, continuous or intermittent effect, without the prior express authorization of the Administrator on the Site and/or by e-mail sent to the User, the regular operation (including, without limitation, the confidentiality, integrity or availability) of the Site as stipulated by the Administrator.
Prohibited Software: one or more digital files, executable or not, or computer programs developed to interfere, alone or linked with one or more other digital files or computer programs (whether malicious or not), in an actual or potential manner, in whole or in part, temporarily or permanently, with immediate or deferred, continuous or intermittent effect, with the regular operation (including, without limitation, the confidentiality, integrity or availability) of the Site stipulated by the Administrator.
Courts: the local judicial bodies competent for the subject matter indicated in the Competent Judicial Courts Clause.
T&C: the present Terms and Conditions of the Site.
User: each human person who Accesses the Site, Remains on the Site and performs the Activity on the Site, by himself or by means of a computer program not previously and expressly authorized by the Administrator, and each Necessary User; it being stipulated that the Activity on the Site performed with a Security Credential shall be deemed to be performed by the human person who provided, by himself or by means of a computer program not previously and expressly authorized by the Administrator, such Security Credential.
Necessary User: each human person who is the holder or delegate of parental responsibility or necessary representative, as the case may be, of another human person who Accesses the Site, by himself/herself or by means of a computer program not previously and expressly authorized by the Administrator, and is not 18 (eighteen) years of age and is not emancipated by marriage or otherwise does not enjoy civil capacity to Access the Site, Remain on the Site and perform the Activity on the Site in compliance with the T&Cs.
CLAUSE (2). Purpose of the T&Cs
(a) The T&Cs:
(I) apply to and, therefore, detail the contractual relationship between the User and the Administrator for purposes of Site Access, Site Permanence, Site Activity and Site Exit; and
(II) do not apply to any Third Party Site either before the Access to the Site, during the Permanence on the Site from the Access to the Third Party Site in question through the use by the User of one or more links to such Third Party Site included and enabled on the Site to Access such Third Party Site or after the Exit from the Site.
(b) The use by the User of one or more links to a Third Party Site included and made available on the Site to Access such Third Party Site is governed in particular by the provisions of the Third Party Sites Clause.
CLAUSE (3). Consequences of Accessing the Site
(a) Each Access of the Site automatically represents:
(I) for the User:
(1) his unconditional and full acceptance of the T&Cs; and
(2) your representations in accordance with the User Representations Clause; and
(II) for the Administrator: your authorization of Site Access, Site Stay, Site Activity and Site Exit solely on the basis of the provisions of subsection (I).
(b) For the purposes of this Clause, the T&Cs are those published by the Administrator on the Site during the Permanence on the Site, unless otherwise expressly indicated by the Administrator on the Site and/or by e-mail sent to the User.
CLAUSE (4). Manifestations of the User
The User represents:
(a) alternatively:
(I) to be 18 (eighteen) years of age or to be emancipated by marriage and, in either case, to have the civil capacity to Access the Site, to Remain on the Site and to perform the Activity on the Site in compliance with the T&Cs; or
(II) not be 18 (eighteen) years of age and not be emancipated by marriage or otherwise not have civil capacity but nonetheless have the authorization, assistance, advice and supervision of a Necessary User to Access the Site, Remain on the Site and engage in the Activity on the Site in compliance with the T&Cs; and
(b) be a Necessary User of another User who is under 18 (eighteen) years of age and is not emancipated by marriage or otherwise does not have civil capacity but nevertheless has the authorization, assistance, advice and supervision of such other User to Access the Site, to Remain on the Site and to perform the Activity on the Site in compliance with the T&Cs; and
(c) not be obligated by Administrator to Access the Site, Remain on the Site and engage in the Activity on the Site; and
(d) not be required to obtain authorization or consent from a human or legal person or Public Authority to Access the Site, Remain on the Site and engage in Activity on the Site (except for the authorization of a Necessary User, if any, and the authorization of Administrator pursuant to paragraph (a) sub-section (II) of the Consequences of Accessing the Site Clause) or otherwise have such authorization or consent; and
(e) if You access the Site through a computer program not previously and expressly authorized by the Administrator:
(I) know that such software is not Prohibited Software; and
(II) know that such computer program is not Unauthorized Software; and
(III) not need to obtain authorization or consent from a human or legal person or Public Authority to Access the Site, Remain on the Site and perform the Activity on the Site through such software (except for the authorization of a Necessary User, if any, and the prior express authorization of the Administrator on the Site and/or by e-mail sent to the User) or otherwise have such authorization or consent.
CLAUSE (5). Rights of the User
In addition to his other rights established by the T&Cs and the applicable legislation, the User is also entitled to:
(a) to be able to consult on the Site, at any time during the Permanence on the Site, the version of the T&Cs in force at the time of such consultation; and
(b) to obtain from the technical support available on the Site advice on the solution of any technical problem that the User may have encountered in performing the Activity on the Site; and
(c) decide on the appropriateness and timeliness of the Exit from the Site in its sole discretion unless the Exit from the Site is brought forward due to:
(I) the occurrence of a force majeure event; or
(II) the operation of Prohibited Software; or
(III) the decision of the Administrator due to:
(1) the User's non-compliance with the T&Cs; or
(2) an act of the Administrator pursuant to the Modifications and Other Situations Clause; or
(3) the Administrator's compliance with an order received from a Public Authority; and (4) the Administrator's compliance with an order received from a Public Authority.
(d) not to be considered connected to the Site as of the Exit from the Site; provided, however, that the provisions of this paragraph shall not prevent the attribution to the User of the corresponding liability for the Activity on the Site whose execution the User had scheduled during the Permanence on the Site and which must be completed or must be initiated and completed after the Exit from the Site; and
(e) be promptly and clearly informed by the Administrator, on the Site and/or by e-mail sent to the User, of any breach of the T&Cs by the User that has been ascertained by the Administrator; provided that the User may remedy such breach only if the Administrator has decided in its sole discretion that such breach is remediable by the User and has so informed the User; provided further that the Administrator's decision that such breach is not remediable by the User shall be final for all applicable legal purposes.
CLAUSE (6). Obligations of the User
In addition to its other obligations established by the T&Cs and the applicable legislation, the User also undertakes to:
(a) during the Stay on the Site:
(I) before performing the Activity on the Site:
(1) understand the T&Cs; and
(2) determine independently of the Administrator, on its own initiative, at its sole expense and under its sole responsibility the legality of Staying on the Site and/or performing the Activity on the Site in accordance with the legislation applicable to the User, the Site and/or the Activity on the Site in force at the time of Accessing the Site or performing such Activity on the Site at the place where the User has Accessed the Site; and
(3) to check independently of the Administrator, on its own initiative, at its own expense and under its sole responsibility, the computer security of the connection it uses to Stay on the Site; and
(4) provide in a timely, complete, correct and truthful manner the Personal Data and/or other data or other information that is required of him/her on the Site and/or by e-mail sent by the Administrator as a requirement to Remain on the Site and/or to perform the Activity on the Site; and
(II) perform the Activity on the Site by following the relevant instructions, in a manner consistent with the functionality of such Activity on the Site and in accordance with the letter and spirit of the T&Cs and applicable law; and
(III) search, read and understand the information available on the Site and follow the corresponding instructions on the solution of any problem that the User may have encountered in performing the Activity on the Site; and
(IV) promptly seek the technical assistance available on the Site, promptly, completely, correctly and truthfully provide the relevant information and follow the instructions received on the solution of any problems encountered by the User in performing the Activity on the Site; and
(V) to keep confidential each Security Credential it generates; and
(VI) immediately inform the Administrator of one or more defects, errors and vulnerabilities of the Site that the User has unintentionally detected; and
(VII) refrain from:
(1) transmit to the Site:
(A) Prohibited Software; and
(B) Unauthorized Software; and
(C) digital content (including, without limitation, text, images, video, sounds, graphics, etc.) that is inconsistent with the Activity on the Site or the purposes of the Site or that violates the letter or spirit of the T&Cs or applicable law (including, without limitation, intellectual property law, trademark and designation law, and patent and utility model law); and
(2) attempt to access and access Personal Data and/or other data or other information of the User or others without the prior express authorization of the Administrator on the Site and/or by e-mail sent to the User; and
(3) attempt to interfere and interfere with the confidentiality, integrity or availability of the Site; and
(4) deliberately attempt to detect and detect one or more defects, errors or vulnerabilities of the Site; and
(5) report at any time, by any means of communication and in any form to any third party (except a Public Authority in the exercise of its functions) one or more defects, errors or vulnerabilities of the Site that the User has unintentionally detected; and
(b) from the Exit of the Site:
(I) keep confidential each Security Credential generated during the Permanence on the Site; and
(II) access the Site and generate a new and different Security Credential to replace each Security Credential that was last generated and that has ceased to be confidential for any reason; and
(III) promptly inform Administrator, on the Site and/or by e-mail sent to Administrator, of each Security Credential that has ceased to be confidential for any reason whatsoever.
CLAUSE (7). Rights of the Manager
In addition to its other rights established by the T&Cs and the applicable legislation, the Administrator also has the right to:
(a) to inform the Public Authority upon written request about the User, the Stay on the Site and/or the Activity on the Site; and
(b) prevent the Access to the Site, the Permanence on the Site and/or the Activity on the Site to the person who has lost the condition of User due to the total or partial, repeated or continuous breach of the T&Cs or the legislation applicable to the User, to the Site and/or to the Activity on the Site.
CLAUSE (8). Modifications and Other Situations
(a) The Administrator:
(I) may at its sole discretion, at any time and without prior, simultaneous or subsequent notice or explanation to the User:
(1) modify, in whole or in part, temporarily or permanently:
(A) the Site; and/or
(B) the T&Cs; and
(2) to generally prevent, in whole or in part, temporarily or permanently, the Access to the Site; and
(3) to close, in whole or in part, temporarily or permanently, the Site; and
(II) without prejudice to the provisions of sub-section (I), may communicate to the User, on the Site and/or by e-mail sent to the User, at the time and for the period of time determined in each case by the Administrator:
(1) a modification, total or partial, temporary or definitive:
(A) of the Site; and/or
(B) of the T&Cs; and
(2) an impediment, total or partial, temporary or definitive, to the Access of the Site; and
(3) the closing, total or partial, temporary or definitive, of the Site; and (4) the closing, total or partial, temporary or definitive, of the Site.
(III) shall not be obligated by the User to:
(1) modify, in whole or in part, temporarily or permanently, the Site to keep it up to date; or
(2) maintain enabled for the User one or more functionalities of the Site that the Administrator would have disabled due to the modification of the Site for a period of time (determined or undetermined) after the implementation of a modification of the Site; or
(3) keep available for the User all or part of the Site that the Administrator would have removed due to the modification of the Site for a time (determined or undetermined) after the implementation of a modification.
(b) The User:
(I) shall not be bound by Administrator to accept, in whole or in part, any modification of the Site and/or the T&Cs made by Administrator; and.
(II) must expressly state, on the Site and/or by e-mail sent to the Administrator, at the time and for the time determined in each case by the Administrator, that he/she has read, understood and unconditionally and fully accepted the modification of the T&Cs as a prerequisite for Remaining on the Site and/or performing the Activity on the Site; and
(III) you shall refrain from Accessing the Site if you do not intend to comply with the provisions of sub-section (II); and
(IV) you shall not Remain on the Site or engage in the Activity on the Site if you have not complied with sub-section (II).
CLAUSE (9). Third Party Sites
(a) The Site may at any time, temporarily or permanently, include and enable one or more links to one or more Third Party Sites.
(b) No Third Party Site shall be deemed to be owned by Administrator or licensed to Administrator unless expressly stated otherwise by Administrator on the Site and/or by e-mail sent to the User.
(c) The inclusion, enablement, replacement, disabling and deletion of a link to a Third Party Site:
(I) shall be made by the Administrator for the purpose of improving the interaction between the User and the Site during the Permanence on the Site unless otherwise expressly indicated by the Administrator on the Site and/or by e-mail sent to the User; and
(II) shall be governed by the provisions of the Modifications and Other Situations Clause.
(d) The User shall not be obliged by the Administrator to:
(I) access any Third Party Site; or
(II) use one or more links to a Third Party Site included and made available on the Site to Access such Third Party Site,
unless expressly indicated otherwise by the Administrator on the Site and/or by e-mail sent to the User.
(e) As a consequence of the provisions of paragraph (d):
(I) the Administrator shall not be liable because:
(1) a Third Party Site:
(A) complies, in whole or in part, temporarily or permanently, with the legislation applicable to the User and/or to such Third Party Site in force at the time of Accessing such Third Party Site at the place where the User Accesses such Third Party Site; or
(B) is operative, in whole or in part, temporarily or permanently, at the time the User attempts to Access such Third Party Site; or
(C) establishes User requirements for Access to such Third Party Site that are no more stringent (quantitatively and/or qualitatively) than the requirements set forth in the T&Cs for Site Access at the time the User attempts to Access such Third Party Site; or
(D) operates, in whole or in part, temporarily or permanently, in a manner consistent with the terms and conditions of such Third Party Site or, in the absence thereof, as stipulated by the owner and/or administrator of such Third Party Site; or
(E) provides digital content (including, without limitation, text, images, video, sounds, graphics, etc.) that is complete, accurate, current, and consistent with the functionality or objectives of such Third Party Site or that complies with the letter and spirit of the terms and conditions of such Third Party Site and applicable law; or
(F) enables interaction between the User and such Third Party Site that is no less satisfactory (quantitatively and/or qualitatively) than the interaction between the User and the Site during the Permanence on the Site; or
(2) the User:
(A) meets all of the requirements that a Third Party Site establishes for Access to the Third Party Site; or
(B) does not suffer, directly or indirectly, actually or potentially, temporarily or permanently, with immediate or deferred effect, any damage and/or harm (patrimonial and/or moral) due to Accessing a Third Party Site; and
(II) the User shall be responsible for determining independently of the Administrator, on its own initiative, at its sole expense and under its sole responsibility:
(1) the legality of Accessing a Third Party Site under the law applicable to the User and/or such Third Party Site in effect at the time of Accessing such Third Party Site at the place where the User intended to Access such Third Party Site; and
(2) the necessity or desirability to the User and the risks to the User and/or third parties of Accessing a Third Party Site under the User's circumstances at the time of Accessing such Third Party Site at the place where the User intended to Access such Third Party Site; and
(3) acceptance or rejection of the terms and conditions of a Third Party Site.
CLAUSE (10). Intellectual Property
(a) The Site:
(I) is wholly owned by the Administrator or is licensed to the Administrator unless otherwise expressly indicated by the Administrator on the Site and/or by e-mail sent to the User; and
(II) is protected by the legislation on intellectual property, on trademarks and designations and on invention patents and utility models to the fullest extent applicable.
(b) The User:
(I) shall refrain from:
(1) store on any device, in any form and for any reason whatsoever, whether for profit or not, all or part of the Site without the prior and express authorization of the Administrator on the Site and/or by e-mail sent to the User; and
(2) modify, copy, duplicate, reproduce, reproduce, transmit, circulate or distribute to any third party, in any form and for any reason whatsoever, whether for profit or not, all or part of the Site without the prior and express authorization of the Administrator on the Site and/or by e-mail sent to the User; and
(3) to claim ownership and appropriate, in any way and for any reason whatsoever, whether for profit or not, all or part of the Site; and
(4) to attribute ownership, in any way and for any reason whatsoever, whether for profit or not, of all or part of the Site to a person other than the Administrator; and
(5) to grant a license or permission to use and dispose as licensee or permit holder, in whole or in part, in any way and for any reason whatsoever, whether for profit or not, of all or part of the Site; and
(II) grant to the Administrator automatically at the time of transmitting it to the Site an irrevocable, perpetual, non-exclusive, transferable and non-transferable license or permission of use without any right to compensation in relation to any content owned by the User that the latter should not refrain from transmitting to the Site pursuant to the User's Obligations Clause and that the User transmits to the Site during the Permanence on the Site; provided that the Administrator shall have no obligation to give prior notice to the User as to the timeliness and purpose of the Administrator's use of such content; provided, however, that the Administrator shall not use such content for any unlawful purpose.
CLAUSE (11). Exclusion of Liability
(a) The User acknowledges and agrees that the Access to the Site, the Stay on the Site and the Activity on the Site:
(I) is not a duty or obligation of the User created or imposed, respectively, by the Administrator; and
(II) is performed:
(1) on its own initiative; and
(2) at its sole expense; and
(3) with the understanding of the T&Cs; and
(4) under its sole responsibility.
(b) As a consequence of the provisions of paragraph (a) the Administrator shall not be liable for any damage and/or harm, patrimonial and/or moral, caused, directly or indirectly, in an actual or potential manner, to the User as a consequence of:
(I) of the impossibility, temporary or definitive, of Accessing the Site, Remaining on the Site, performing the Activity on the Site or Exiting the Site, in whole or in part, due to a technical or legal cause not attributable to the Administrator; or.
(II) from Accessing the Site, Remaining on the Site, engaging in the Activity on the Site or Exiting the Site whether in compliance or breach of the T&Cs; or
(III) in connection with a Third Party Site:
(1) of Accessing such Third Party Site pursuant to paragraph (d) of the Third Party Sites Clause unless the Access of such Third Party Site had occurred by express indication by the Administrator on the Site and/or by e-mail sent to the User; provided, however, that the Administrator shall not be liable if such indication had resulted from compliance with a provision of applicable law or order received from a Public Authority; or
(2) of the content of such Third Party Site; or
(3) the activity conducted on such Third Party Site; or
(4) of the storage on the device used by the User to Access such Third Party Site and the use by the User of one or more Cookies from such Third Party Site; and
(5) the transmission to the device used by the User to Access such Third Party Site and the storage and execution on such device, temporarily or permanently, with immediate or deferred effect, of malicious software as a result of such Third Party Site's Access; or
(IV) the loss, in whole or in part, temporarily or permanently, of the confidentiality of a Security Credential due to a cause not attributable to Administrator; or
(V) of the transmission to the device used by the User to Access the Site and of the storage and execution on such device, temporarily or permanently, with immediate or deferred effect, for a cause not attributable to the Administrator, of malicious software as a consequence of the Access to the Site, the Stay on the Site, the Activity on the Site or the Exit from the Site; or
(VI) the breach by the User, temporarily or permanently and for any reason whatsoever, of the T&Cs or a duty or obligation created or imposed by the Administrator on the User in connection with a breach by the User of the T&Cs.
(c) Nothing on the Site shall be construed by the User as professional advice of any kind (including, without limitation, legal, accounting, tax or financial advice) and, accordingly, the User shall obtain independently of the Administrator, on its own initiative, at its sole expense and under its sole responsibility such professional advice of any kind as the User may deem necessary or appropriate in its circumstances unless otherwise expressly indicated by the Administrator on the Site and/or by e-mail sent to the User.
CLAUSE (12). Privacy and Protection of Personal Data
(a) The Site has been developed with respect for the User's privacy on the Internet and considering the duty of the Administrator to protect, in accordance with Law 25326, any Personal Data that the User may transmit to the Site in connection with the Site Access, the Stay on the Site, the Activity on the Site and the Exit from the Site.
(b) Each Access of the Site automatically represents for the User his/her unconditional consent for the Administrator to collect, on the Site and/or by e-mail received from the User, one or more Personal Data for the following purposes unless otherwise expressly indicated by the Administrator on the Site and/or by e-mail sent to the User:
(I) to improve the interaction between the User and the Site during the Permanence on the Site; and
(II) to compile anonymous statistics (i.e. not likely to make it possible to identify the User) of the Site; and
(III) to comply with an order of a Public Authority received by the Administrator; and
(IV) To contact the User at the User's express will.
(c) The Administrator shall obtain from the User, on the Site and/or by email received from the User, the User's unconditional consent to save one or more Site Cookies on the device used by the User to Access the Site and use such Site Cookies prior to saving such Site Cookies on such device.
(d) The User:
(I) may at any time during the Permanence on the Site communicate to the Administrator on the Site its unconditional refusal to:
(1) provide one or more Personal Data to the Administrator in accordance with paragraph (b); and/or
(2) to allow the storage and use of one or more Cookies from the Site pursuant to paragraph (c); and
(II) acknowledges and agrees that the interaction between the User and the Site during the Stay on the Site may be less satisfactory (quantitatively and/or qualitatively) than it would otherwise be if:
(1) communicates a refusal in accordance with sub-section (I); or
(2) provides incomplete, inaccurate or false Personal Data for the purposes of subsection (b).
(e) The Administrator shall store the Personal Data in a database, the administration of which shall be the sole responsibility of the Administrator at the address indicated in the Special Address Clause.
(f) The Personal Data collected by the Administrator pursuant to paragraph (b) may be stored, processed and transferred exclusively by:
(I) the Administrator; and
(II) each human or legal person with which the Administrator enters into an agreement for the transfer or assignment of one or more Personal Data; and
(III) each Public Authority that requires the Administrator to transfer or assign one or more Personal Data by judicial resolution and when there are well-founded reasons related to public security, national defense or public health.
(g) Pursuant to Law 25326, the User may request the Administrator with respect to one or more Personal Data:
(I) free access to such Personal Data every 6 or more continuous anniversary months as from the date of the last access requested by the User unless he/she proves to have a legitimate interest in accessing such Personal Data before the expiration of 6 continuous anniversary months as from the date of the last access requested by the User; and/or
(II) the updating of such Personal Data if it has become outdated due to a change in the User's circumstances; and/or
(III) the rectification of such Personal Data if they are inaccurate or incomplete; and/or
(IV) the blocking of such Personal Data; or
(V) the deletion of such Personal Data.
(h) Each request by the User pursuant to paragraph (g) shall be made by means of:
(I) a document letter if the User requests access to one or more Personal Data; or
(II) a simple letter, accompanied by a simple photocopy of the User's valid National Identity Card or Passport, if the User requests the update, rectification, blocking or deletion of one or more Personal Data.
(i) The User shall deliver or cause to be delivered the corresponding communication as per paragraph (h) only at the address of the Administrator indicated in the Special Address Clause.
(j) The Administrator's e-mail address indicated in the Definitions Clause is not an electronic address and, consequently, any e-mail containing or enclosing a notice, communication or summons sent to that e-mail address shall not be deemed to have been sent to the Administrator or received by the Administrator for any purpose of the notice, communication or summons in question.
(k) The Administrator:
(I) shall not be required to respond favorably to:
(1) a request for access to, rectification and/or deletion of one or more Personal Data received from the User pursuant to subsection (g) if compliance with the request in question would affect the protection of the defense of the Nation, public order and safety, or the rights and interests of third parties; or
(2) a request for access to one or more Personal Data received from the User pursuant to paragraph (g) sub-paragraph (I) if such request is not dated at least 6 (six) months after the date of the last request for access to Personal Data received by the Administrator from the User pursuant to paragraph (g) sub-paragraph (I) unless the User has not complied with the request pursuant to paragraph (g) sub-paragraph (I), unless the Administrator has not complied with the request pursuant to paragraph (g) sub-paragraph (I). paragraph (I) unless the User reasonably demonstrates to the Administrator (at the Administrator's sole discretion) that he/she has a legitimate interest in accessing the Personal Data concerned before the expiration of 6 (six) months from the date of that last request for access; o
(3) a request for deletion of one or more Personal Data received from the User pursuant to paragraph (g) subparagraph (V) if the requested deletion would cause prejudice to the rights or legitimate interests of third parties or prevent the Administrator from complying with a legal obligation to retain the Personal Data concerned; and
(II) inform the reasons for each refusal pursuant to sub-section (I) by means of a written communication addressed to the address provided by the User in the refused request in question.
(l) The AAIP, in its capacity as the Supervisory Body of Law 25326, has the power to hear the complaints and claims filed by those whose rights are affected by non-compliance with the regulations in force regarding the protection of Personal Data.
CLAUSE (13). Communications
(a) The User may communicate with the Administrator:
(I) on the Site; or
(II) only during the time that technical reasons prevent him/her from transmitting the communication to the Administrator on the Site and without prejudice to the provisions of paragraph (j) of the Privacy and Personal Data Protection Clause, by e-mail sent to the e-mail address of the Administrator indicated in the Definitions Clause; or
(III) solely for the purpose set forth in paragraph (g) of the Privacy and Personal Data Protection Clause, in the manner set forth in paragraph (h) of the Privacy and Personal Data Protection Clause.
(b) The Administrator may communicate with the User:
(I) on the Site; and/or
(II) by e-mail sent to the e-mail address provided by the User to the Administrator on the Site; and
(IV) only in response to a request made by the User in accordance with paragraph (g) of the Privacy and Personal Data Protection Clause, by written communication sent to the address indicated by the User in the request in question.
(c) Communications between the User and the Administrator shall not be confidential with respect to the Administrator and the User and shall be confidential with respect to any other human or legal person except a Public Authority in the exercise of its functions.
CLAUSE (14). Assignment
The User shall not be obliged to assign or assign to any third party:
(a) its contractual position in the T&Cs; or
(b) any of the obligations attributed to him/her by the T&Cs or of the rights he/she may have against the Administrator by reason of the T&Cs or the legislation applicable to the Site.
CLAUSE (15). Validity
The invalidity of one or more Clauses (but not of the T&Cs as a whole) occurring after their publication on the Site for a cause not attributable to the Administrator or to the User or to both shall not affect the validity of the remaining Clauses.
CLAUSE (16). Special Address
The Administrator establishes its domicile at the following address: ________, Autonomous City of Buenos Aires.
CLAUSE (17). Applicable Law
The T&Cs are governed exclusively by the law of the Argentine Republic.
CLAUSE (18). Competent Judicial Courts
Any question (litigious or not) related to T&Cs shall be exclusively resolved by the competent courts located in the Autonomous City of Buenos Aires.