Last update: 11-16-2020
This application (hereinafter, the “Merger Control APP” or “MCA”), is property of Estudio Beccar Varela (“Beccar Varela” or “We“), CUIT 30-52900365-6, domiciled in Tucumán 1, 3th Floor, City of Buenos Aires and will be governed by these terms and conditions (hereinafter, the “Terms“). The MCA will allow you to carry out a simulation and make a preliminary analysis of whether a transaction may be subject to notification and approval by the antitrust authorities in Argentina.
The MCA works based on a series of parameters established under Argentine antitrust regulations, and the simulation allows users to determine if the information entered exceeds those parameters. For these reasons, the result of the simulation is not final, nor should be considered legal advice in any of its forms.
Only those who have received an invitation and an access link from Beccar Varela will be able to access and use the MCA. Considering the characteristics of the companies or people that according to the applicable regulation could be subject to the obligation to notify a transaction to the Argentine competition authorities, you accept that these companies or people have sufficient entity, knowledge and means to understand the limitations of the use of the MCA, the fact that its results do not lead to definitive conclusions and that its use is not equivalent to legal advice.
Before using the MCA, please carefully read these Terms and all the information provided below regarding how your data is collected and processed in the MCA, since these terms and conditions determine the way in which the data you provide through it will be collected, used and protected.
How your data is collected and processed in the MCA. Your Privacy
To access the simulation functions of the MCA, the user will be required to register and authenticate by supplying a limited number of personal data, namely: (a) email, (b) name and (c) entity to which belongs (hereinafter, your “Personal Data“).
Likewise, certain information related to the transaction for which you are using the MCA will be required, aiming to make a first approximation, subject to confirmation by professional advice, regarding whether or not the transaction could be subject to notification and approval by the antitrust authorities in Argentina (hereinafter, the “Transaction Data”).
Beccar Varela will only store your Personal Data. The Transaction Data will be deleted as soon as you leave the MCA.
By entering your personal data in the MCA and accepting these terms, you give your previous, express and informed consent for Beccar Varela to collect, process and store, where applicable, – your personal data and the transaction data under security systems and parameters.
You understand that, although it is not mandatory to provide your Personal Data and Transaction Data, if you do not provide them, you will not be able to access the MCA or its simulation functionalities.
You consent that Beccar Varela processes your Personal Data and Transaction Data to carry out the simulation herein described, and that the Personal Data is stored and used, in addition, to send you communications on antitrust legislation, case law, official notices and regulations.
Beccar Varela undertakes to adopt the necessary measures to prevent alteration, loss, unauthorized treatment or access of Personal Data and Transaction Data and not to share or transfer them to third parties, except those third parties that are providers of Beccar Varela and require access to such information for the purposes set forth herein, always under the instructions of Beccar Varela and adopting the necessary security and confidentiality precautions.
In that sense, you understand that your Personal Data may be stored by third-party storage providers, always under the instructions of Beccar Varela, including the possibility that this accommodation takes place in countries with legislation whose standards regarding the protection of personal data differ from Argentine standards.
You have the right to request access, rectification, updating and -if applicable- deletion of your Personal Data. You can exercise these rights by sending an email to the following address: privacidad@beccarvarela.com
The Agency of Access to Public Information, in its capacity as the enforcement authority of Law No. 25,326, has the power to attend to complaints and claims filed by those whose rights are affected due to non-compliance with applicable regulations on protection of personal data.
Restrictions
(i) The MCA cannot be used for any purpose that is illegal or prohibited by these Terms. Reverse engineering, copying, decompiling, disassembling, deriving source code from, modifying, adapting, capturing, reproducing, displaying or publicly executing, transferring, selling, licensing, creating derivative works from or based on, republishing, uploading, editing, publishing, transmitting, distributing, broadcasting, exploiting, or translating (as well as soliciting or helping another person to do any of the above) the MCA or its content, in whole or in part, is strictly prohibited.
(ii) It is prohibited to interfere or try to interfere with the operation or use of the MCA by other people in any way, through any means or device (including, among others, spam, piracy, loading of computer viruses or time bombs or any other means). Impersonating (or pretending to be) another person is prohibited. This includes, but is not limited to, creating accounts with other names and using another person’s information without their consent.
(iii) The use of robots, spiders, manual or automatic scripts or programs, or other means to extract, download, index, create multiple accounts, frame, lock, extract data, extract from the page, reproduce or circumvent the presentation, operation or intended use of any feature, function or part of the MCA is prohibited.
Responsibility and waiver of claims
The result of the simulation is not and should not be considered legal advice. If you need legal advice, please contact us. The MCA and its services are provided “as is” and “as available”, without any kind of express or implied warranties relating to its operation. No warranty of satisfaction, merchantability, fitness for a particular purpose, reliability or availability, precision, absence of viruses, or infringement of third party rights or any other breach of rights is provided.
Without limiting the previous liability disclaimer and to the fullest extent permitted by applicable law, there is no warranty that the MCA and its content (i) will operate uninterrupted, timely, safe or error-free; (ii) will be free of harmful components or errors; (iii) will be secure or immune (which includes the content or information provided to you) as to unauthorized access; or (iv) will be accurate, complete or reliable or that the quality of the services will be satisfactory for you, or that the errors will be corrected.
You understand and agree that in accordance with the content of these terms, any damage suffered by you or your organization is the result of your acts or omissions and is not imputable to the operation of the MCA.
Accordingly, neither Beccar Varela nor its members will be liable for any damage or loss on the argument that such damage or losses are the result of the use of the MCA.
You acknowledge and agree that these restrictions are reasonable given the benefits of the MCA.
Applicable Law and Dispute Resolution
These Terms will be governed and interpreted in accordance with the current laws of the Argentine Republic. Likewise, you irrevocably accept that any controversy in relation to these Terms or the MCA, will be resolved before the Ordinary National Courts in Commercial matters within the City of Autonomous Buenos Aires, expressly waiving any other jurisdiction.