Privacy and Personal Data Protection Policy

H2O BİLİŞİM YAZILIM ELEKTRONİK SAĞLIK HİZMETLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ PARKY MOBILE APPLICATION

1. INTRODUCTION

The purpose of this H2O Bilişim Yazilim Elektronik Sağlik Hizmetleri Sanayi ve Ticaret Limited Şirketi Parky Mobile Application Privacy and Protection of Personal Data Policy (hereinafter referred to as the “Policy” ) is to regulate the terms and conditions for processing of information (name, surname, gender, date of birth, telephone number, email address, movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, information related to drugs that are used) shared with or forwarded, transferred, supplied and provided, or likely to be provided to the Parky Application Owner H2O Informatics Software Electronic Health Care Industry and Trade Limited Company (hereinafter referred to as “H2O” or the ” Company”) when Users (hereinafter referred to as ” User ” or “Users” hereinafter) download, use, or log in the “Parky” mobile application (hereinafter referred to as the “Application”) under the Personal Data Protection Act (hereinafter referred to as “KVKK” ) numbered 6698 and the relevant legislative provisions laying emphasis on the privacy and security.

This Policy is integrated with the Terms of Use Agreement regarding the Application and the Clarification Text for the Processing of Personal Data and the Explicit Consent Statement, and please carefully read the Terms of Use Agreement, the Clarification Text for the Processing of Personal Data, and the Explicit Consent Statement. Unless you accept this Policy, please do not use the Application.

2. PRIVACY POLICY

Users shall be entirely responsible for protecting, securing, and storing access tools, such as the access code to be sent to the mobile phone in order to enable the users to download, visit, use, log in to, and access the Application, against disclosure to and use of third parties.

H2O shall not be held liable directly or indirectly for the damages that the Users and/or third parties have suffered or may suffer due to all negligence and faults of the users in issues such as protecting, securing, storing, and using Access tools for logging into the Application.

Downloading and using the Application shall mean that you have read, understood, and accepted this Policy and the provisions specified in this Policy, and have approved and signed the Policy with all relevant issues.

This Application has been designed to record the movements, dyskinesia/involuntary movements, tremors, and step information of Parkinson’s patients, to create the daily, weekly, and monthly graph of the status of dyskinesia/involuntary movements, tremors, and sleep, to create a status report, to remind of hours of medication used and recorded, to record the times of falls and to activate alarms falls are detected, and to mark and record the areas with intense symptoms through a smartwatch used after the Application has been synched up with the mobile device on which it is downloaded, and shall not contain any diagnosis, treatment, information or opinion about the disease. H2O shall not liable under any circumstances for any consequences, including damages that are directly or indirectly natural or incidental, arising from the use of any material, images, videos, alarms, information, features, or advice contained in the Application.

Although the data, graphs, and reports created in the application are data supported by clinical research, H2O does not guarantee and undertake 100% accuracy under any circumstances. The User uses the Application voluntarily and irrevocably. H2O does not guarantee any issue about the Application, including, but not limited to, the scope and continuity of the Application, its certain functions or the reliability of such functions, and its availability or capacity to meet certain needs. The Application has been made available “as is”, and should not be considered complete under any circumstances. H2O is constantly improving the Application. H2O shall reserve the right to add/remove functions or features to the Application and to suspend or shut down the Application partially or completely. H2O does not guarantee an interrupted Application or does not warrant the operability and accessibility of the systems that allow access to the Application, though it aims for a 7/24 accessible and available Application.

The User acknowledges that access to the Application may be blocked or interrupted from time to time, regardless of whether it stems from H2O. H2O shall not be liable for such blocking or interruptions under any circumstances. H2O shall not be liable for the loss and damage of the User relating to the use of the Application under any circumstances.

Once the data, information, graphs, and reports in the application are shared with a physician by the User, the physician shall be solely liable for all kinds of decisions, including the treatments made by the physician according to these data, information, graphs, and reports, and H2O shall have no liability. This Application is only for the purpose of helping the treatment of Parkinson’s patients, does not replace a medical device, and shall serve as an auxiliary product.

This Application shall not directly or indirectly compel or induce to purchase, use, recommend, promote, encourage any product and/or drug belonging to H2O and/or any affiliated company of H2O, and/or issue prescriptions for such products, and shall not be promotional.

2.1. ABBREVIATIONS AND DEFINITIONS

2.2. LIABILITIES

Users accept, declare, and undertake that the information and content provided by them within the Application are correct and lawful.

2.3. NON-SUPPORTED CIRCUMSTANCES

This Application may contain links or references to other websites that are not under H2O’s control. H2O shall not be liable for the content of the relevant websites or links which have been added to the websites.

​2.4. PROCESSING OF PERSONAL DATA

Personal data obtained/to be obtained once you have downloaded, use, and/or logged in to the Application (name, surname, gender, date of birth, telephone number, email address, movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, information related to drugs that are used) may be processed by H2O as described below pursuant to the KVKK. Information concerning your movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, drugs that you use refers to data related to health and shall be regulated as special categories of personal data pursuant to KVKK. Accordingly, data related to your health may be processed with your explicit consent pursuant to Article 6/2 of KVKK.

2.5. YOUR PERSONAL DATA AND OUR PROCESSING PURPOSES

In order to use the application and log in, you must enter your phone number and the verification code received on your phone. After logging in to the application with your phone number, you can fill in your profile information, consisting of your name, surname, e-mail address, gender, date of birth data, depending on your preference. To use the application and to ensure that graphs and status reports provided by the Application are created, your information concerning your movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, drugs that you use refer to data related to health are your special categories of personal data. To process your information concerning your movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, drugs that you use as health data, which are special categories of personal data; your explicit consent is required pursuant to Article 6/2 of KVKK. For this reason, you can only use the Application once you have approved the Clarification Text for the Processing of Personal Data and the Explicit Consent Statement along with consent on processing and transferring of your special categories of personal data.

Accordingly, your phone number and, where you fill in, your special categories of personal data, which contain your movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, drugs that you use, can be processed, collected, stored and transferred in various verbal, written or electronic forms in accordance with Articles 5 and 6 of KVKK in line with the above-mentioned purposes to use the Application, to ensure that the application can be used under the conditions specified in this Policy and the Terms of Use

Agreement, to create the daily, weekly, and monthly graph of the status of dyskinesia/involuntary movements, tremors, and sleep, to create a status report, to remind you of the use of the medicines during the dates and times you have specified, to ensure that the services offered by H2O within the specified legal framework are provided, to fulfil the obligations arising from the relevant legislation completely and correctly and/or to use the rights, to develop the Application, to create new services, and to provide personalized services.

Within this period, providing that your personal data is required for the legitimate interest of the Company pursuant to Article 5/2 (f) of the Act and directly related to drawing up or performing the agreement pursuant to Article 5/2 (c) of the Act, we collect your personal data electronically through automatic methods on the basis of legal reasons revealing a requirement for processing of personal data belonging to the parties of the agreement and gaining consent pursuant to Article 6/2 of the Act.

2.6. TRANSFER OF YOUR PERSONAL DATA

Your personal data may be transferred to our domestic and foreign suppliers, group companies and business partners, legally authorized public institutions and organizations, and private entities in the event that explicit consent has been obtained on the basis of the requirement of processing personal data belonging to the parties of the agreement or pursuant to Article 6/2 of the Act within the scope of the above-mentioned purposes and pursuant to the conditions specified in Articles 8 and 9, providing that it is required for the legitimate interest of the Company pursuant to Article 5/2(f) of the Act and directly related to Article 5/2(c) of the Act.

3. YOUR RIGHTS REGARDING YOUR PERSONAL DATA AND APPLICATION

As the Data Subject, you have the following rights regarding your personal data pursuant to Article 11 of KVKK:

• to learn whether your personal data are processed or not,
• to demand information as to if your personal data have been processed,
• to learn the purpose of the processing of your personal data and whether these personal data are used in compliance with the purpose,
• to know the third parties to whom his personal data are transferred in-country or abroad,
• to request the rectification of the incomplete or inaccurate data, if any, and o request notification of the transaction made within this scope to third parties to whom your personal data have been transferred,
• to request the erasure or destruction of your personal data in the event that the reasons requiring its processing disappear, despite the fact that your personal data have been processed in accordance with the provisions of KVK Act No.6698 and other relevant laws, and to request notification of the transaction made within this scope to third parties to whom your personal data have been transferred,
• to object a result against you which has occurred following an analysis of the data processed solely through automated systems,
• to claim compensation for the damage arising from the unlawful processing of your personal data.

You can send us your requests regarding these rights at info@h2otherapeutics.com.

Your application shall be fulfilled free of charge. However, if the requested transaction requires an additional cost, the fees in the tariff determined by the Personal Data Protection Board shall be requested from the applicant.

Your applications shall be replied to in writing or electronically, as soon as possible and within thirty (30) days at the latest, depending on the nature of the request. If your request is rejected, your application will be replied to together with justification.

4. ENSURING THE SECURITY OF YOUR PERSONAL DATA

As H2O, we ensure the security of the personal data processed while providing services in accordance with KVKK and related legislation. In this context, H2O takes appropriate security measures in order to ensure the legal compliance of the personal data it processes, to prevent it from being accessed illegally and to ensure its protection, and possesses the required security technologies. H2O has prepared and is implementing a Personal Data Security Policy for technical and administrative measures taken to ensure the security of personal data.

In addition, we take some additional technical and administrative measures in order to ensure the security of the special categories of personal data we process as the data controller. H2O has prepared and is implementing the Processing of Special Categories of Personal Data and Security Policy in order to determine these measures.

H2O ensures the security of the processed personal data in accordance with the two policies mentioned in this section and generally accepted good practices, in line with the importance it attaches to the protection of personal data and data security.

5. STORING AND DISPOSING OF PERSONAL DATA

Your personal data processed for the purposes of this Policy shall be stored and disposed of in accordance with KVKK and the Regulation on Erasure, Destruction, or Anonymization of Personal Data. H2O stores and disposes of your personal data in accordance with the H2O Personal Data Storage and Destruction Policy.

You can request our Personal Data Storage and Destruction Policy at info@h2otherapeutics.com to learn about the measures we have taken to securely store and dispose of your personal data and the determined periods of storage and disposal.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All materials, including all texts, images, images of persons or places, articles, photographs, drawings and other graphic materials, names, logos, brands and service marks that may be included in the Application shall be deemed as the property of H2O and used only with the permission of H2O. The unauthorized use of these materials/contents that may be subject to intellectual and industrial property shall be deemed as a violation of the relevant legislation, and particularly of the legislation regulating copyright, trademark, privacy and/or advertising activities. It is prohibited to reproduce, retransmit, distribute, publish, and sell these materials, contents or any part of them.

H2O allows Users to access and view texts, graphs, audio elements, designs, pictures, tables and any content that may be included in the Application for non-commercial purposes only for their own personal use. H2O can withdraw this consent unilaterally at any time and for any reason or for no reason, with or without a prior warning. H2O reserves the right to change or delete the materials and/or contents in the Application at any time.

7. COOKIES

Application cookies can be used to remember your preferences/logins and to personalize your Application usage. This usage may include cookies that remember and recognize you during your subsequent use of and your visits to the Application. You can find details about cookies in the Cookie Policy on our website www.h2otherapeutics.com.

H2O may unilaterally change, improve and/or update the provisions of this Policy at any time without prior notice by publishing in the Application. These changes, improvements and/or updates shall become effective on the date they are published in the Application and shall be deemed valid. Continuing to use the application means that you have accepted the Policy subjected to a change. Please read the Policy carefully before using or logging in to the Application.

CONTACT US

If you have any questions or complaints regarding this Policy or your personal data, or if you would like to make any suggestions or comments to improve our Policy, you can contact us by sending an e-mail to info@h2otherapeutics.com.

This Policy was last updated on 05/03/2021. We aim to continually improve the tools you can use to manage the data you provide to us.