This is a translation of the Spanish original. In case of discrepancy, the Spanish version prevails.
PRIVACY NOTICE:
TERMS AND CONDITIONS OF THE WESEX PLATFORM
Thank you for choosing to be part of our community at WeSex. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at matias@we.sex.
1. DESCRIPTION: WESEX provides services to users under the following terms and conditions (the “Terms and Conditions”).
By registering for and/or using any current or future WESEX service, you will be subject to the conditions applicable to this Service.
Any User who enters the WESEX platform shall be bound by these Terms and Conditions, together with all other principles governing the WESEX platform. Lack of knowledge of the content of the Terms and Conditions does not justify failure to comply with them, much less does it entitle Users to take private or legal action that disregards the provisions of these Terms and Conditions.
By registering for and using the platform, Users express their express and unequivocal acceptance of the Terms and Conditions. The “App” is intended exclusively for people aged 18 or older. Minors may not register for or use the App, even with the authorization of their parents or legal representatives. By registering, the User represents that they are at least 18 years old. If WESEX becomes aware that a person under 18 has registered, it will delete their Account and the associated personal data.
WESEX reserves the right to suspend, close, or delete accounts and/or edit content in its sole discretion.
Opinions, advice, and articles on medical or human health matters are intended as general information only, are not intended to diagnose or treat any ailment or disease, and Users must consult a licensed physician for any personal medical matter.
Any potential User who does not accept these Terms and Conditions must refrain from using the WESEX platform.
2. GLOSSARY
“App” refers to the WESEX application available for mobile devices.
“Website” refers to the website www.we.sex
“User” refers to all natural persons who access our app and who have consequently accepted these Terms and Conditions and the obligations arising from them.
“Platform” refers to both the App and the website and any other means through which WESEX offers content and/or services.
“Material” refers to all the content of the Platform, including, but not limited to, texts, graphics, images, logos, icons, software, and any other content existing on the Platform.
“Account” refers to the profile voluntarily created by the User in order to use the Platform.
“Data” refers to all personal information voluntarily provided by the user when registering their Account on the Platform.
“UGC” refers to any content created and uploaded by the User to the Platform (hereinafter “UGC”).
3. TRADEMARKS AND COPYRIGHT
WESEX, its designs, and other marks indicated on the Platform are trademarks of WESEX. Any other WESEX graphic, logo, design, icon, and service name are trademarks or trade dress of WESEX. The WESEX trademarks and trade dress may not be used in connection with any product or service that is not WESEX's or that does not have express written authorization to do so.
Likewise, the content of the Platform, including, but not limited to, texts, graphics, images, logos, icons, illustrations, software, and any other material (hereinafter referred to as the “Material”), is protected under the applicable industrial property and intellectual property laws. All Material is the property of WESEX. It is prohibited to modify, copy, reuse, extract, exploit, reproduce, communicate to the public, republish, upload or download files, send, transmit, use, process, or distribute in any way all or part of the content included on the Platform. Unauthorized use of the Material may constitute a violation of copyright laws, industrial property laws, or other laws. No User may sell or modify the Material in any way, publicly perform or advertise the Material, or distribute it for commercial purposes. Nor is it permitted to copy or adapt the HTML code that WESEX creates to generate its web page or platform, since it is protected by copyright. Any unauthorized use shall be presumed improper and may be punished by law.
4. ACCOUNT CREATION AND DATA PROTECTION
In order to use the Platform, Users must necessarily create a user account (the “Account”), in which they will be asked for certain data such as: name, date of birth, sex, address, telephone number, email, among others (the “Data”). Certain data will be mandatory and other data will be optional. Users guarantee the truthfulness, accuracy, validity, authenticity, and currency of their Data. In no case is WESEX responsible for the accuracy of Users' Data.
If Users have profiles created on social networks, they may create their Account using the credentials included there. WESEX reserves the right to request data in addition to that provided by the social network credentials.
WESEX may require additional information or documentation in order to verify or corroborate the Data, and may temporarily or permanently suspend those Users whose Data could not be confirmed.
To access their personal Account, the User must enter their email and a password, which they must always keep confidential. If the User forgets their password, they may reset it by clicking on “Forgot my password”.
The Account is unique and non-transferable. If a breach of the foregoing is detected, WESEX reserves the right to cancel, suspend, or disable the accounts, without prejudice to other legal measures it may take. WESEX cannot guarantee the identity of Users. The User is responsible for all interactions carried out in their Account, and must notify WESEX immediately, in a verifiable manner, of any unauthorized use of the Account, as well as any theft, disclosure, or loss of their access data to the Platform.
WESEX safeguards the protection of Users' data. However, it shall not be liable for fraudulent use that third parties may make of the User's Account. WESEX reserves the right to reject any registration request or to cancel a previously accepted registration, without being obliged to communicate or explain the reasons for its decision and without this giving rise to any right to indemnification or compensation.
All personal information that the participant voluntarily provides will be protected by confidentiality and privacy rules. The only personal data to which the Organizer will have access will be the data that the participant voluntarily provides.
In compliance with current regulations, the Organizer states that it has adopted the measures necessary to maintain the level of security required in light of the personal data processed. It is also equipped with the means within its reach to prevent, to the extent possible, unauthorized access, theft, unlawful modification, and loss of data. Nevertheless, the participant must be informed and warned through this notice that such means are not infallible or impregnable and therefore the Organizer cannot be held responsible for such practices.
It is hereby stated that the data subject has the right to exercise the right of access to their data free of charge at intervals of no less than six months, unless a legitimate interest to that effect is demonstrated, in accordance with Article 14, subsection 3 of Law No. 25,326.
The Agency for Access to Public Information (Agencia de Acceso a la Información Pública, AAIP), the Control Body of Law No. 25,326, has the authority to handle complaints and claims filed in connection with non-compliance with personal data protection rules.
5. ADVERTISING
WESEX has an advertising service through banners, emails, and other means. Links to other websites owned by third parties are provided solely for the User's convenience, and WESEX does not endorse, recommend, or assume any responsibility for their content.
The User may request to stop receiving emails or other advertising-related notifications through their account profile settings.
The User is hereby informed of the possible existence of “cookies”, which may be installed on their device when they visit the Platform and which are necessary in order to use its services and content. “Cookies” are small text files sent over the Internet to your browser and stored on your device. Cookies make it simpler for the user to connect to, browse, and use the Platform on future visits. You may delete the “cookies” installed on your computer at any time and prevent your browser from installing new “cookies” by configuring your browser.
App install measurement: when the User opens a WESEX install link and later opens the App for the first time, WESEX records a hashed version of their network address and basic device characteristics (operating system version, screen size, time zone, and language) for the sole purpose of learning which channel brought them to the App. The network address is never stored in clear text, this data is automatically deleted after seven (7) days, and it is not shared with third parties. During sign-up, the App may ask the User how they heard about WESEX; answering is voluntary.
6. CONTESTS, EVENTS, AND PROMOTIONS
Contests, sweepstakes, events, and promotions implemented through the Platform will be subject to the rules and conditions established in advance by WESEX on each occasion. The terms and conditions of promotions, incentives, and/or special activities of limited duration will be duly published on the Platform and are understood to be part of these Terms and Conditions.
7. USER INTERACTIONS
WESEX only makes available to Users a virtual interaction space that allows Users to communicate with one another over the internet.
Likewise, the User may interact with the Articles generated by WESEX by commenting on them, marking them as “like”, saving them, or sharing them (whether inside or outside the Platform).
Users may also create “Debates” within the section created for that purpose, and may also comment on their own or third parties' debates, mark them
as “like”, save them, or share them (whether inside or outside the Platform)
In all cases, the User must be duly registered and logged in at the time of the interaction. WESEX is not responsible for the information, images, and any other content that Users exchange with one another through the Platform or outside it.
The User's full name, username, age, and sex will be visible to other Users from the moment they decide to carry out any of the interactions mentioned in this section.
In every Article, Debate, Chat, or any other interaction space within the Platform, it will be possible to report an inappropriate comment or content. WESEX moderators will review the reported comment or content as promptly as possible and will take the necessary measures if they consider it abusive or contrary to these terms and conditions, practices and customs, and/or applicable laws.
Users undertake not to bother, harass, insult, or carry out any kind of offensive acts of bullying and/or discrimination against other Users or the general public.
Users may not use the Platform to transmit, distribute, store, or destroy material in violation of any applicable law or regulation, in a manner that infringes laws on copyright, industrial property, trade secrets, or any other intellectual property right of third parties, or in a manner that violates the privacy, publicity, or other personal rights of third parties, or in a manner that is defamatory, obscene, threatening, or abusive. This is without prejudice to specific mandatory rules on the matter in each of the legal systems corresponding to the territories in which WESEX will provide its service.
8. USER-GENERATED CONTENT (UGC)
The User will be able to create and upload content to the Platform (hereinafter “UGC”), such as comments, debates, photos, videos, etc. By accepting these Terms and Conditions and uploading UGC, the User grants WESEX the royalty-free, worldwide, non-exclusive, and transferable right to use it without restriction, by itself or through third parties, both within the Platform and on any third-party website, social networks, printed material, digital publications, online or in paper format, or any other medium now known or hereafter created.
Said assignment will authorize WESEX to publicly disseminate and/or distribute and/or commercialize the UGC, as well as the User's name, personal data, and images, without this entitling the User to receive any sum for any reason. In addition, the User agrees and accepts that the Organizer shall have the right to include the UGC in future copyrighted
works, in its sole discretion, and to make edits, translations, and modifications to them, as well as to use them for promotional purposes. The User undertakes to indemnify and hold WESEX harmless from any action, claim, expense, and/or damage resulting directly or indirectly from any claim regarding the UGC.
WESEX may also assign or license the UGC in whole or in part, and may update, translate, or complete it, using it for the same or other purposes for which it was created. It may copy and reproduce it in any medium known or developed in the future. The rights assigned are for the entire legal term of the work and cover the territory of the Argentine Republic, as well as any foreign country. WESEX states that it safeguards the User's creative personality with respect to the UGC, using its best efforts to ensure its identification, integrity, and inviolability.
The User represents and warrants that there is no legal and/or conventional and/or contractual impediment, and/or impediment of any other kind, that prevents and/or limits this assignment, with the extent and scope with which it is granted. Likewise, the User represents and warrants that they have not signed any contract that may prevent the fulfillment of the obligations assumed and of the consequent rights that correspond to WESEX as a result of this assignment.
The mere fact of completing registration on the Platform implies acceptance of these conditions.
9. SECURITY
Users are prohibited from violating or attempting to violate the security of the Platform. Specifically, by way of example and without limitation, Users may not (i) access information not intended for or authorized to the specific User, or access servers or accounts that the User is not authorized to access; (ii) attempt to probe the vulnerability of a system or network without due authorization, or breach security or authentication measures; (iii) attempt to interfere with the services provided to a User, server, or network, including but not limited to sending viruses through the Platform or overloading traffic for denial of service; (iv) send unsolicited email, including promotions and/or advertising of products or services. Violation of any security system or network may result in civil and criminal liability. WESEX will investigate the occurrence of events that may constitute violations of the foregoing and will cooperate with any competent authority in the prosecution of Users involved in such violations; (v) impersonate other users or natural or legal persons of any kind; (vi) provide incorrect, incomplete, or false identity information.
The Platform may be used only for lawful purposes. Its use in any of the following ways is prohibited:
Including on the Platform any franchise right, pyramid scheme, membership in a club or group, sales representation, commercial agency, or any business opportunity that requires an advance payment or periodic payments, soliciting the recruitment of other members.
Deleting or revising any material included on the Platform by any other person or entity, without due authorization.
Using any device, design, software, or routine to interfere or attempt to interfere with the proper functioning of the Platform or any activity carried out on the Platform.
Attempting to decipher, compile, or disassemble any software comprised in the Platform or that in any way forms part of it.
As already mentioned, it is strictly prohibited to include on the Platform false, inaccurate, incomplete, incorrect, or misleading information.
10. TERMINATION
WESEX reserves the right, in its sole discretion, to suspend or cancel the User's registration, and therefore deny them access to this Platform, in the event of the Users' breach of these Terms and Conditions or the impossibility of verifying or authenticating any information they have submitted at registration to access the Portal. This is without prejudice to retaining certain information solely for statistical purposes, and without this implying under any circumstances the preservation of personal data, since it is guaranteed that such information will be retained in terms of absolute anonymity.
11. DATA RETENTION AND DELETION
Retention period: WESEX retains the User's personal data only while their Account remains active, in order to be able to provide the services of the Platform. If the Account is deleted, the data is retained only during the seven (7) day reversal period described below, and is then permanently deleted.
How to delete your data: The User may at any time request the deletion of their Account and of all personal data associated with it, by any of these means: (i) from within the application itself, through the account deletion option available in their profile settings; or (ii) by sending a request by email to matias@we.sex.
Once the deletion request is received, the Account will be deactivated and the User's data will be retained for a period of seven (7) calendar days. The sole purpose of this period is to give the User the possibility of reversing their decision and recovering their Account. During this period, the User may reactivate their Account by logging in to the Platform again or by contacting matias@we.sex.
Once the seven (7) day period has elapsed without the User having reversed their decision, all personal data associated with the Account will be permanently and irreversibly deleted from our systems, and cannot be recovered.
The following are excepted from deletion: (i) data that WESEX must retain in compliance with legal, accounting, or regulatory obligations, which will be kept only for the period required by applicable regulations; and (ii) statistical information retained in terms of absolute anonymity, as provided in clause 10, which does not allow the User to be identified.
12. ADDITIONAL INFORMATION
WESEX does not guarantee that the platform will operate free of errors or that its server is free of computer viruses or other harmful mechanisms. If use of the platform or the material results in the need to request repair or maintenance service for your equipment or information, or to replace your equipment or information, WESEX is not responsible for the resulting costs.
The platform and the material are made available to users in the condition in which they are found. No warranty whatsoever is given as to the accuracy, reliability, or timeliness of the material, the services, the texts, the software, the graphics, and the links.
In no event shall WESEX, its suppliers, or any person mentioned on the platform be liable for damages of any nature resulting from the use or the inability to use them.
13. MEDICAL DISCLAIMER
Although all the content of the Platform is generated and/or audited by duly registered health professionals, WESEX is not a medical care provider and the Platform is not intended to replace medical advice or diagnosis, or to treat or supervise any disease or medical disorder. Users are obliged to consult a licensed physician or other licensed health care provider before making any decision or taking any action that may affect their health and safety or that of third parties. Never disregard professional medical advice or delay seeking medical care because of something you have read on the Platform. Always consult a health professional if you have questions or concerns about your health or condition or if you experience changes in your health or condition. If you believe you are having a medical emergency, call the emergency number or go to the nearest emergency room immediately.
We assume no responsibility whatsoever for errors or omissions, unintentional technical inaccuracies, or typographical errors in the materials provided, or for the violation of any ethical or moral standard applicable in your community in relation to sexual education and related materials.
14. GOVERNING LAW
By visiting the Platform, the User agrees that the laws of Argentina, regardless of conflict of laws principles, shall govern these Terms and Conditions, as well as any dispute of any kind that may arise between the User and WESEX.
15. OTHER POLICIES
It is the User's obligation to review our other policies published on the Website. These policies will also govern your interaction with WESEX. We reserve the right to make changes to our Platform, policies, and these Terms and Conditions at any time. If any of these conditions is found to be invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the other conditions.