TERMS AND CONDITIONS OF USE

PROPERTY RIGHTS. Tracks Safety is the sole and exclusive proprietor of all the rights and interests on and of the website, of all of its contents (including, for example, audio clips, photographs, illustrations, graphics, other visual media, videos, copies, texts, software, etc.), the codes, data and materials thereof, of the look and environment, of the design and organization of the website, and of the methodology of retrieval and compilation of the contents, codes, data, and material on the website, including but not limited to any copyright, trademark, patent, database rights, and other intellectual and industrial properties, as well as patrimonial rights. Any act of copying, reproduction, modification, creation of derived works, sale and distribution, exhibition of contents, in any way or in any form, including, but not limited to, electronic means, mechanical means, photocopy, recording, or of any other nature, without previous and explicit permission in writing from Tracks Safety or the owner of the rights in question, is prohibited. In no instance do these TERMS AND CONDITIONS confer the rights, licenses, permissions, and/or authorizations to perform the previously described acts. Any unauthorized use of the contents will constitute a violation of the current TERMS AND CONDITIONS and of current national and international regulations on copyright and/or other applicable intellectual and industrial property laws, and will give cause for appropriate civil and criminal action. Tracks Safety grants the user a personal, non-transferable and non-exclusive permission to display Tracks Safety on the device screen through which one accesses the website, whether mobile or desktop.

LIMITED PERMISSION. One can access and view the content of the website from one’s computer or other device, unless otherwise stated in these TERMS AND CONDITIONS, or on the website. The use of the site and the services offered in or through it, are only available for personal use; the copy, reproduction, exhibition, publication, diffusion, modifications, sale or distributions, of any content which one can access on or through the website, is prohibited.

PROHIBITED USE. Any commercial or promotional exploitation of the website or any of its contents, codes, data or materials, is strictly prohibited, unless one has previously received the express written authorization of Tracks Safety. Otherwise, one can not: copy, reproduce, exhibit, broadcast, transmit, publish, distribute, transfer, modify, create derived works of, sell or in any other manner exploit any of the contents, codes, data, or material available on our through the website. One is also obliged not to alter, edit, delete, remove or in any other way change the meaning, appearance, or purpose of any of the contents, codes, data or materials available through the website. If one makes another use of the website, o of the contents, codes, data or materials that one finds there or which are available there, one is violating the laws of copyright, trademarks, patents, and industrial and/or intellectual property, as much in the Republic of Argentina as in International Treaties which apply, and can be legally, civilly, and criminally sanctioned, for said unauthorized use.

COMMERCIAL TRADEMARKS. All of the commercial trademarks (trademarks of products, services, logos, etc.) that do not pertain to Tracks Safety and which appear on the website or on and through the service of the website, if they are present, are property of their respective owners. Nothing which is contained in the website should be interpreted as granting, neither explicitly nor implicity, any license, permission or authorization to use any commercial trademarks exhibited on the website without the previous express written permission of Tracks Safety or of the third parties which own said commercial trademark. The improper use -- including, without restriction, the alteration or suppression -- of the commercial trademarks exhibited on the website or on o through ay of the services of the website is strictly prohibited.

USER INFORMATION. In the course of your use of the website and / or the services made available to you on or through the website, you may be asked to provide personal information. The methodologies of accumulation, compilation, use, and storage of said information by Tracks Safety are established in the PRIVACY POLICY of the web site, which is included here as a reference for all purposes. It is important that the system is transparent. One can know the final destination of one’s accumulated data by reviewing our PRIVACY POLICY. One assumes the commitment to provide true, correct, and complete information, as well as to update one’s data whenever it is required. One recognizes and accepts the sole responsibility for the exactitude of the information that one provides. Unless we explicitly solicit it, we do not ask for and do not wish to receive -- through the website, e-mail, or any other manner -- any confidential and/or secret information, of a patrimonial or non-patrimonial character, which is not specifically necessary in relation to the purposes of the website or the services offered on o through the site. If at some time we come to require considerably different information, we will inform you.

PROHIBITED USER CONDUCT. One accepts and guarantees that while one uses the website and the services offered on o through the website, one will not insert any advertisement, trademark, or other promotional content, or that of a third party, in any of the contents, materials, or services of the website, nor will one use, distribute, publish, or exploit said contents or services for any other additional commercial or promotional purpose. One also will not offer to buy or sell any product or service on or through the website. One will not: (a) participate in browsing the web, in “scraping the screen,” “scraping the database,” in harvesting email address, wireless address, or other personal information, or any other automatic method of obtaining lists of users or other information on or through the website or of the service offered on or through the website, including, without exception, any information that one finds on any server or database related to the website or the services offered on or through the website; (b) obtain or try to obtain unauthorized access to the computing systems, materials, or information by any means; (c) use the website or the services available on or through the website with the intention of interrupting, disabling, overburdening, or deteriorating the website or said services, or inhibit the ability of any other person to use and enjoy the website or any of its services, including, without exception, sending unsolicited mass messages, or ”flooding” servers with requests; (d) use the website or the services of the website in an undue manner, falsifying the identity of a user, or carry out fraudulent activities on or through the website; (e) use the website or the services of the website in violation of the intellectual and/or industrial property rights or other patrimonial rights of Tracks Safety or any third party; (f) use the website or the services of the website in violation of any applicable law. One is obliged not to upload, inform, publish, or in any other way transmit through the website or any available service on or through the website, any content or material that: (i) is partially or completely incorrect, false, fraudulent, illegal, threatening, abusive, hostile, slanderous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (ii) constitutes or contains declarations of false or deceptive facts; (iii) contains fixed links, advertising, chain letters, or pyramid schemes of any kind; (iv) contains viruses, elements of espionage, or other harmful elements; (v) infringes on or violates the rights of third parties, including, without exception, without limitation, copyrights, trademarks, patents, commercial trade secrets, confidentiality, contracts, rights of privacy or publicity or any other property right; (vi) constitutes or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate local, national or international law. One is also obliged to, to not attempt (or encourage or support the attempt of another) to defraud, destroy, decode, o in any other way alter or interfere with the website or with the service of the website, or with any content with the same, or to perform any unauthorized use. Only you are responsible for the content and the consequences of any of these activities.

RIGHT OF MONITORING. Tracks Safety reserve the right to, but is in no way obligated to, monitor and/or revise all of the materiales sent by the website user o through the services of the site. Nevertheless, Tracks Safety is not responsible for said materials, nor for the contents of said materials, sent by the users. Tracks Safety, at any moment, reserves the right to divulge the information necessary to satisfy any legal or regulatory requirement o governmental request.

LINKS WITH THE WEBSITE. One accepts that if one includes a link to any other website on the website of Tracks Safety, said link will open in a new browser window and it will link to the full version of an HTML formatted page of this website. One is not permitted to link directly to any image stored on the website Tracks Safety o in our services (for example, using an “online” linking method so that the image stored by us is exhibited on another website). One is not permitted to downloaded or use images stored on the website of Tracks Safety on another website. One can link to Tracks Safety from another website with previous authorizations, explictly given in writing. We reserve the right to discontinue or revoke this authorization to the website of Tracks Safety from another other site, in any moment, beginning upon receipt of notification by reliable means.

THIRD PARTY WEBSITES. One can link from the website of Tracks Safety to the website of third parties and third parties can link to the website of Tracks Safety. This website contains links to other website operated by other administrators, which are maintained or controlled by Tracks Safety, and as a result, we are not responsible for their contents or availability. One recognizes and accepts that we do not have any responsibility for the information, contents, products, services, advertisements, codes, or other materials that may or may not be promoted and/or supplied by or through the linked websites. The links to the websites do not represent our endorsement, sponsorships, or recommendation of said sites nor of the information, contents, products, services, advertisements, codes, or other materials presented on or through them. We reject any responsibility for links from other websites to the website of Tracks Safety and from our website to other websites, such as any subsequent link. All trust placed in the contents of a third party website is done at one’s own risk, and one assumes all the responsibilities and consequences that result from that trust. One should reviews the Policy of Use of any linked website.

INDEMNITY GUARANTEE. One is obliged to protect, defend, hold harmless and indemnify Tracks Safety in all and each one of the claims, actions, responsibilities, fines and charges, losses, costs and expenses, of any nature, including the fees of lawyers and other assistants, even when such claims are unfounded, fraudulent or false, that one incurs as a results of the use of the website or of the services offered on or through the site, or your breach or violation of the law or these TERMS AND CONDITIONS.

LIMITATION OF RESPONSIBILITY. By using the website of Tracks Safety, one expressly accepts that the use of the website is at your own risk and responsibility. Tracks Safety does not guarantee explicitly or implicitly that said use, or the functions contained on the website, will be free of mistakes or free from interruptions of service, nor the immediate correction of any defects. We try to insure that the information published on the website is correct, complete, and updated. Nevertheless, Tracks Safety does not guarantee nor is responsible for the precision, integrity, or veracity of the contents of the information supplied by the users of the website, nor that this content is exact, complete, updated, or free of technical or spelling errors. In no case will Tracks Safety be responsible for or in relation to any content published, transmitted, exchanged, or received for or in name of any user or other person on or through the website. Tracks Safety does not accept responsibility for the improper use of users of the contents on the website; understanding that content refers to all information, data, text, images, videos, audio, software, or other multimedia materials accessible through the site. Tracks Safety uses software programs for the security of the website and virus protection, but does not guarantee its absence nor that of other natural harmful or destructive elements on the website and/or on the server that makes it available, that might cause alterations in the informatic system of the users, in the software or hardware, or in electronic documents, archives, or directories of stored archives in one’s informatic team, as a result of access, use, or navigation of the website. As a consequence, the user is responsible for taking the necessary precautions for their protection and security. Under no circumstances will Tracks Safety be responsible for any direct, indirect, forseeable, unforseeable, current, future, emergent harm which is generated by the use of or lack of ability to use the website, or the contents, materials, and related functions thereof, or of the linked sites, or by the downloading of any information, data, text, image, video, audio, software, or other material accessible through the website, including, in a non-exclusive manner, the harms that arise from the root of one’s trust in the information obtained from the site Tracks Safety which brings about mistakes, omissions, interruptions, deletion, or corruption of archives, virus, delays in the operation or transmission, or any other error in the operation. Tracks Safety does not guarantee that the website or the service provided through the website will fill the requirements of the users. It is one’s responsibility to evaluate the utility of any information, data, or other content or material available through the website. If one is not satisfied with the website, the only solution is to discontinue using it. The above limitation of liability will apply in every legal action.

TERMS. Tracks Safety can modify, suspend, or completely or partially discontinue any aspect of the website or the services provided through the website an any time. Tracks Safety can restrict, suspend, or limit access to the website and/or its services if one breaches our TERMS AND CONDITIONS or any applicable law, or for any other reason, without need for prior notification, and without this unilateral decision of Tracks Safety amount to incur any kind of liability to users.

APPLICABLE LAWS AND QUALIFIED COURTS. Tracks Safety controls and operates the website from Argentina. These TERMS AND CONDITIONS, like the relationships between Tracks Safety and its users will be governed by the laws of the Republic of Argentina. The users that choose to access the website from other places will do so under their own initiative and are responsible for compliance with applicable local laws. One accepts that whatever controversy which may derive from these TERMS AND CONDITIONS or from one’s relationship with Tracks Safety will be subject to the Courts of the Justicia Ordinaria of the city of Cordoba, Argentina and both Tracks Safety and its users expressly waive any other forum that could correspond to their past or future residence. In no case will the omission or failure to exercise the provisions contemplated in these TERMS AND CONDITIONS be interpreted as a waiver by Tracks Safety to its exercise. In the event that one or more of the provisions that make up these TERMS AND CONDITIONS are considered null or ineffective in any respect, the validity and enforceability of the rest of the provisions will not be affected by said circumstance, and will remain in force and be fully applicable.

REVISION AND MODIFICATION OF THE TERMS AND CONDITIONS OF USE. Tracks Safety reserves the right, at its sole discretion and at any time, to revise, change, modify, add, or delete all or part of these TERMS AND CONDITIONS OF USE. Said changes will be effective and be valid from the moment of their publication on the website of Tracks Safety. The user’s acceptance of the updated terms will enable their continued use of the website and/or of the services made available on or through the website.

PRIVACY POLICY
 

In Tracks Safety, we know how important privacy is. For that reason, all personal information which one provides to us with each use of our services, will be used in agreement with our POLICY PRIVACY and for the purposes described here.

By means of this POLICY PRIVACY, we describe, in a transparent manner, our form of collecting, utilizing, storing, and transferring personal information. That is, the treatment with Tracks Safety will give to the data received from the users, which will be completely in accord with that established in the National Law Number 25.325 of Personal Data Protection, putting into practice the necessary means to protect and keep safe one’s information, and always allowing access to the same.

This POLICY PRIVACY will apply every time the user interacts with us. When this occurs, we understand that one has expressly given one’s consent for Tracks Safety to manage and share one’s personal information with identified or identifiable third parties, such as adventure sports/alternative tourism companies, local, provincial, and national governments, and non-profit and for-profit non-governmental organizations.

 

The current PRIVACY POLICY describes:

1. What we mean by data.
2. What data will be collected.
3. How we collected the data.
4. How the collected data will be utilized.
5. What we collect the data for.
6. What are the consequences of providing incomplete, inexact, and/or false data.
7. What data we provide.
8. How long we store data.
9. How the user can exercise their rights of access, amendment, actualization, and suppression of their data.
 

1. What we mean by data..

Personal data are the data which identify or could be used to identify each user, such as one’s name, ID number, or contact information. “Sensitive” personal data are data which reveal information related to the state of health of the individual. This information will be the information which the user, or expressly authorized third parties, provide to Tracks Safety.

2. What data will be collected.

Tracks Safety will only gather the information about the state of health of each participant as long as it is pertinent, useful, or necessary, so that each organizer can implement operations for the management of health and prevention of risks in their activities, dispensing will all other information that exceeds the provisions of the applicable regulatory framework.

3. How we collected the data.

The National Law Number 25.326 establishes that no person can be obligated to provide sensitive data, meaning that personal data which reveals racial and ethnic origin, political opinions, religious, philosophical, or moral convictions, union affiliation, and information referring to one’s health or sex life, being able to be object of treatment when there are reasons of general interest or legal authorization. The activity of Tracks Safety is conducted within the framework of this law, respecting the privacy of the individuals, guaranteeing their right to honor and intimacy, conforming with Article 43, Paragraph 3 of the National Constitution. For this, we did not collect any type of personal information from the users which was not provided voluntarily.

4. How the collected data will be utilized.

All of the information which Tracks Safety receives from its users will be treated in a confidential manner, and will not be made public without the previous consent of the users. Nor will they be given nor sold to any third party for marketing purposes or service offers. Only the data authorized by the regulatory framework and those expressly consented by the user may be disclosed, except for: a) a formal request from judicial authorities, or b) a formal request from other authorities with sufficient purview; when they comply with the established regulations for the protection of personal data.

In Tracks Safety we maintain the strict confidentiality of the data in the face of third parties, providing the data only to those which were previously identified. Tracks Safety, in keeping with Article 9 of Law 25.326, implements methods of security to protect the confidentiality of stored data, aiming to avoid its extraction by third parties. We apply a series of standards and protocls to minimize the eventual risks of the infrastructure and/or the information. Among these, we have established that:

a) Entry to the account of each user is exclusively realized through the use of a email address and password.
b) The transmission of data is achieved through secure sessions (HTTPS).
c) The storage of the data is available in equipment covered by physical security mechanisms.

The registered user is responsible for the confidentiality of their password, and for communicating in a reliable way with Tracks Safety if one suspects or detects an unauthorized use of one’s password.

Tracks Safety, although it guarantees the informatic security of password through encryption protocols aligned with the industry standards of informatic information, does not take responsibility for harms caused by misuse, improper and/or fraudulent use on the part of third parties and the uses, of the registered keys.

5. What we collect the data for.

The requested data will be used, exclusively, for the creation of the account of the user as a “Participant” or as an “Organizer.” Thus, once the profile of each user has been personalized, the collected data will be used for:

As an organizer:

a) To manage the information of participants in a centralized manner.
b) To create destinations, events, and adventure sports/alternative tourism activities.
c) To control information in an organized and efficient manner prior to the realization of the activity.
d) To manage any potential risk to the health of the participants.
 

As a participant:

a) To put together the medical record and keep it updated.
b) To associate oneself with destinations, events, and activities provided by organizers.

Tracks Safety can use user’s information to perform analysis, put together statistics, and provide de-personalized and anonymous reports to third parties.

6. What are the consequences of providing incomplete, inexact and/or false data.

Through Tracks Safety we seek to provide solutions that help organizers of adventure sports/alternative tourism to maintain a high quality system of risk and health management. The information with Tracks Safety manages is a tool that facilitates decision-making, by permitting the identification of implicit risks in real-time, and reducing the damage caused by inadequate assignment of time and resources.

7. What information we provide.

In the framework of the Personal Data Protection Law, we provide to our users information for their direct and exclusive use, as long as it is used, in the case of the participants, to associate with a destination, event or activity to be developed by the organizers. In the case of the latter, for the prevention of risks and the management of the health of the participants. Thus the users, both participants and organizers, are contractually obligated with this principle and are responsible for misuse of the information.

The users cannot use the information received through Tracks Safety for any other purpose with is different to or incompatible with that of the site, except if it is required by some law, judicial order, or an order made by an applicable authority.

The information of Tracks Safety is objectivel; it does not provide judgement of any value related to the participant or the organizer. It will be the user, participant or organizer, who will evaluate decisions. The aforementioned decisions are the exclusive responsibility of each user.

Tracks Safety reproduces the data provided by its own users. Thus, it does not guarantee that the information is up-to-date, exact, or complete. We recommend that one always maintains the control and protection of one’s information.

8. How long we can store data.

Tracks Safety stores and conserves the data for a two year term, according to that established in Article 25 of the Personal Data Protection Law (Law 25.326). Notwithstanding the forgoing, the information provided by the participants when completing their respective medical records is valid for 30 calendar days. Automatically, upon expiration of this term, the user will be asked to affirm, correct, or update the information.

 

9. How the user can exercise their rights of access, amendment, actualization, and suppression of their data.

Tracks Safety assure to its users the knowledge of all of the registered information about themselves, in compliance with the rules laid out in Articles 14 and 15 of the Law 25.326 of Personal Data Protection. It enables each user, without the need for intermediaries, and in a simple way, following verification of identity, free access to the entirety of their data which exists in the database, in the manner which they choose. The information is supplied to the users in a clear, complete way, in accessible language..

Likewise, at Tracks Safety we commit our efforts to achieve most up-to-date information. To these ends, the users can amend, update, and suppress the data that they have transmitted. Tracks Safety receives all changes that the user contributes, enabling the amendment, updating, and suppression of the dat, in compliance with Article 43 of the National Constitution and Article 16 of the Law 25.326.

The user will be able to:

a) Obtain information about their personal data included in the database.
b) Amend their personal data when they are incorrect, or update them to reflect changes.
c) Suppress their personal data of which they are the owner and find included in the database.
 

QUERIES. For the purpose of contacting Tracks Safety for any question related to the scope of the TERMS AND CONDITIONS OF USE and / or the PRIVACY POLICY, you can contact its owner, Luis Caturelli, through the following means of communication:

By Phone: +54 3546 457234
By email: info@trackssafety.com

The query should be made by the owner of the data; reports are not provided to third parties.

ACCEPTANCE OF THE TERMS UPON ENTRY AND/OR USE OF THE SITE. You declare that you have read and understood these TERMS AND CONDITIONS of use and the PRIVACY POLICY, and are in agreement and agree to abide by thm and comply with all applicable laws and regulations of the Argentinian legislation. Also, when you use any service supplied on this site, you will be subject to the rules, guidelines, policies, terms and conditions applicable to said activity. If you are not satisfied with the website of Tracks Safety, and/or the services provided on or through the stie, o are not in agreement with these TERMS AND CONDITIONS or with the PRIVACY POLICY, you should abstain from using the site.