CLAUSE (1). Definitions
Access: One or more actions by the User that are necessary: in the case of the Site, for the Site Access; or, in the case of a Third Party Site, to open—according to the Internet protocol known as Hypertext Transfer Protocol (HTTP) or the Internet protocol known as Hypertext Transfer Protocol Secure (HTTPS)—one or more HTTP or HTTPS connections, respectively, between the Internet address of said Third Party Site and the Internet address of a device used by the User to open each such connection.
Site Access: The opening—according to the Internet protocol known as Hypertext Transfer Protocol (HTTP) or the Internet protocol known as 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: Dinexos SRL, with CUIT 33-71776866-9, registered in the Autonomous City of Buenos Aires by the General Inspection of Justice, and with the email address [email protected].
Public Authority: Any legislative, executive, or judicial body of national, provincial, or municipal character.
Cookie: Any digital file that meets the following requirements:
- It is created by a website accessed by the User for the first time;
- It stores one or more pieces of data about the User (e.g., their access identification) and/or about the User’s activity on said website (e.g., the selections made) with the purpose of facilitating the User’s access to that website and their activity thereon at least on a subsequent visit;
- It is stored by the web browser that the User used to access said website for the first time; and
- It can be either read-only or read and modified by that website if the User accesses said website again using the same web browser on at least a second occasion.
Security Credential: One or more Personal Data and/or other data or information provided by a human being, either personally or via an unauthorized computer program expressly approved by the Administrator, to grant that person a unique and unequivocal identity as a User.
Personal Data: Any data that is owned by the User (including, without limitation, any data about the device used by the User to Access the Site—such as model, operating system, connection, etc.—and the geographic location of the User during their Stay on the Site) that meets the following requirements:
- In accordance with Law 25326, it is not prohibited for the Administrator to collect it from the User in accordance with the Personal Data Collection Clause; and
- It is not publicly known at the time the Administrator collects it from the User in accordance with the Personal Data Collection Clause.
Law 25326: Law No. 25,326 and Executive Decree No. 1558/2001 of the National Executive Power.
To Remain on the Site: One or more actions by the User on the Site, and in accordance with the Terms and Conditions (T&C), that are necessary to prolong the Stay on the Site.
Stay on the Site: The period that elapses from, and including, the Access to the Site until, and including, the Exit from the Site.
Owner: The Administrator.
Exit from the Site: The closing—according to the Internet protocol known as Hypertext Transfer Protocol (HTTP) or the Internet protocol known as Hypertext Transfer Protocol Secure (HTTPS)—of the only or last, as the case may be, HTTP or HTTPS connection, respectively, that was opened by the Access to the Site.
Site: Every digital file, whether empty or containing one or more texts (originals or authorized reproductions), images, videos, sounds, graphics, icons, logos, isotypes, trademarks, drawings, emblems, color combinations, combinations of letters and numbers, advertising slogans, or any other digital or digitized content (other than computer program instructions) and every computer program file (whether it uses one or more of the aforementioned digital files or not) directly or indirectly associated by the Administrator with each of the Internet addresses corresponding to the following domain names:
- dinexos.com
- *.dinexos.com
Third Party Site: Any Internet address that is different from the Site.
T&C (Terms and Conditions): The terms and conditions of the Site published in the “Terms and Conditions” section of the Site.
User: Any human being who accesses the Site, remains on the Site, and performs Activity on the Site, either personally or through an unauthorized computer program expressly approved by the Administrator, as well as any Necessary User; it is stipulated that Activity on the Site performed using a Security Credential shall be considered as carried out by the human being who provided, either personally or via an unauthorized computer program expressly approved by the Administrator, that Security Credential.
Necessary User: Any human being who is either the holder of or has been delegated the necessary parental responsibility or representation for another human being who accesses the Site, either personally or through an unauthorized computer program expressly approved by the Administrator, and who is under 18 (eighteen) years of age and is not emancipated by marriage or any other cause, thereby lacking the legal capacity to access the Site, remain on the Site, and perform Activity on the Site in compliance with the T&C.
CLAUSE (2). Development of the Site
(a) The Site has been developed with respect for the User’s privacy on the Internet and with due consideration of the Administrator’s duty to protect, in accordance with Law 25326, any Personal Data that the User transmits to the Site in relation to the Access to the Site, the Stay on the Site, the Activity on the Site, and the Exit from the Site.
(b) This Privacy and Personal Data Protection Policy is part of the T&C and must be read and interpreted together with the T&C.
CLAUSE (3). Collection of Personal Data
Each Access to the Site automatically constitutes the User’s unconditional consent for the Administrator to collect, on the Site and/or via email received from the User, one or more Personal Data for the following purposes, unless expressly indicated otherwise by the Administrator on the Site and/or via email sent to the User:
(a) To improve the interaction between the User and the Site during the Stay on the Site;
(b) To compile anonymous statistics (i.e., statistics that are not capable of identifying the User) of the Site;
(c) To comply with an order from a Public Authority received by the Administrator; and
(d) To evaluate and approve the various services to which the User may have access based on the profile provided by the User.
CLAUSE (4). Cookies
The Administrator must obtain the User’s unconditional consent—either on the Site and/or via email received from the User—to store one or more Site Cookies on the device used by the User to Access the Site and to use such Site Cookies prior to storing them on that device.
CLAUSE (5). User’s Refusal
The User:
(a) May, at any time during the Stay on the Site, communicate to the Administrator on the Site their unconditional refusal to:
(I) Provide one or more Personal Data to the Administrator in accordance with the Personal Data Collection Clause; and/or
(II) Permit the storage and use of one or more Site Cookies in accordance with the Cookies Clause;
(b) Acknowledges and agrees that the interaction between the User and the Site during the Stay on the Site might be less satisfactory (both quantitatively and/or qualitatively) than it would be if:
(I) The User communicated such a refusal in accordance with subparagraph (a); or
(II) The User provided incomplete, inaccurate, or false Personal Data for the purposes of the Personal Data Collection Clause.
CLAUSE (6). Storage of Personal Data
The Administrator will store the Personal Data in a database whose management is the exclusive responsibility of the Administrator at the following address:
Avenida Rivadavia 21204, first floor, Morón, Partido de Morón, Province of Buenos Aires.
CLAUSE (7). Management of Personal Data
The Personal Data collected by the Administrator in accordance with the Personal Data Collection Clause may be stored, processed, and transferred exclusively by:
(a) The Administrator;
(b) Any natural or legal person with whom the Administrator has entered into a contract for the transfer or assignment of one or more Personal Data; and
(c) Any 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 safety, national defense, or public health
CLAUSE (8). Rights of the User
(a) The Administrator:
(I) May, at its sole discretion, at any time and without the need to provide prior, simultaneous, or subsequent notice or explanation to the User, modify—whether in whole or in part, temporarily or permanently—this Privacy and Personal Data Protection Policy; and
(II) Without prejudice to the provisions of subparagraph (I), may communicate to the User—on the Site and/or via email sent to the User—at the time and for the duration determined by the Administrator in each case, any modification, whether total or partial, temporary or permanent, to this Privacy and Personal Data Protection Policy.
(b) The User:
(I) Is not obliged to accept, in whole or in part, any modification to this Privacy and Personal Data Protection Policy made by the Administrator; and
(II) Must expressly indicate—on the Site and/or via email sent to the Administrator, at the time and for the period determined by the Administrator in each case—that they have read, understood, and accepted, without conditions and in full, the modification to this Privacy and Personal Data Protection Policy as a prerequisite for Remaining on the Site and/or performing Activity on the Site; and
(III) Must refrain from accessing the Site if they do not intend to comply with the provisions of subparagraph (II); and
(IV) Must not remain on the Site or perform Activity on the Site if they have not complied with the provisions of subparagraph (II).
(c) For the purposes of this Clause, the Privacy and Personal Data Protection Policy is the version published by the Administrator on the Site during the Stay on the Site, unless expressly indicated otherwise by the Administrator on the Site and/or via email sent to the User.
CLAUSE (9). Modifications
(a) In accordance with Law 25326, the User may request from the Administrator, regarding one or more Personal Data:
(I) Free access to such Personal Data every 6 or more consecutive anniversary months from the date of the last access request made by the User, unless the User demonstrates a legitimate interest in accessing such Personal Data before 6 consecutive anniversary months have elapsed since the date of the last access request; and/or
(II) The updating of such Personal Data if it has lost its validity due to changes in the User’s circumstances; and/or
(III) The rectification of such Personal Data if it is inaccurate or incomplete; and/or
(IV) The blocking of such Personal Data; or
(V) The deletion of such Personal Data.
(b) Each request by the User in accordance with subsection (a) must be submitted by:
(I) A registered letter if the User is requesting access to one or more Personal Data; or
(II) A simple letter, accompanied by a simple photocopy of the User’s valid National Identity Document or Passport, if the User is requesting the update, rectification, blocking, or deletion of one or more Personal Data.
(c) The User must deliver—or cause to be delivered—the corresponding communication, as provided in subsection (b), solely at the Administrator’s address indicated in the Storage of Personal Data Clause.
(d) The Administrator’s email address indicated in the Definitions Clause is not considered an official electronic address; consequently, any email containing or attaching a notification, communication, or summons sent to that email address shall not be deemed as sent to or received by the Administrator for any purpose of notification, communication, or summons.
(e) The Administrator:
(I) Will not be obliged to grant a favorable response to:
(1) A request for access, rectification, and/or deletion of one or more Personal Data received from the User in accordance with subsection (a) if complying with the request would affect the protection of national defense, public order, public security, or the rights and interests of third parties; or
(2) A request for access to one or more Personal Data received from the User in accordance with subsection (a)(I) if such request is not dated at least 6 (six) months after the date of the last access request for Personal Data that the Administrator received from the User in accordance with subsection (a)(I), unless the User reasonably demonstrates to the Administrator (at the Administrator’s sole discretion) that they have a legitimate interest in accessing the Personal Data in question before 6 (six) months have passed since the date of that last access request; or
(3) A request for the deletion of one or more Personal Data received from the User in accordance with subsection (a)(V) if the requested deletion could cause harm to the rights or legitimate interests of third parties or prevent the Administrator from fulfilling a legal obligation to retain such Personal Data; and
(II) Will inform the User in writing of the grounds for each refusal, addressed to the address that the User provided in the rejected request.
(f) The Agency for Access to Public Information, in its capacity as the oversight body of Law 25326, is authorized to handle complaints and claims filed by those who are affected in their rights by non-compliance with the current regulations regarding the protection of Personal Data.
CLAUSE (10). Third Party Site
This Privacy and Personal Data Protection Policy does not apply to any Third Party Site—whether before the Access to the Site, during the Stay on the Site once the User accesses the Third Party Site via one or more links to such Third Party Site included and enabled on the Site, or after the Exit from the Site.
CLAUSE (11). Applicable Law
This Privacy and Personal Data Protection Policy is governed exclusively by the laws of the Argentine Republic.