This h2o Bilişim Yazılım Elektronik Sağlık Hizmetleri Sanayi ve Ticaret Limited Şirketi Parky Mobile Application Terms of Use Agreement (hereinafter referred to as the “Agreement”) has been made between h2o BİLİŞİM YAZILIM ELEKTRONİK SAĞLIK HİZMETLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as “h2o”) whose office is based in Mustafa Kemal Mah. 2119. Sok. No: 3 D: 3 06520 Bilkent Çankaya Ankara, and the User who uses the application named “Parky” (hereinafter referred to as “Application”), whose all rights belong to h2o.
h2o and the User shall be referred to individually as the “Party” and collectively as the “Parties”.
This Agreement shall be accepted electronically by the User after carefully reading and checking the box and shall enter into force between the Parties. This Agreement shall remain in effect as long as the Application is used by the User and is available or accessible on the User’s mobile device, even if it is not used.
2.1. Abbreviations and Definitions
2. Subject and Use of the Application
2.1. In order to use the application and log in, the User must enter the phone number and the verification code received on phone and must approve 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 to be/likely to be processed by h2o.
2.2. The 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.
2.3. 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. h20 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.
2.4. 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. The 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.
2.5. The 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.
2.6. Under this Agreement, the User shall use the Application as and to the extent permitted by the legal regulations and the Agreement. The downloading of the Application to the mobile device and/or other permitted operating systems by the User, the Access of the User to the Application, the use of the Application, and the utilization of the Application are subject to this Agreement. The User accepts, declares, and undertakes to use the Application in accordance with the legal regulations and this Agreement and to comply with the provisions of this Agreement.
2.7. h2o shall have the right to change this Agreement without any prior notification, and if such right is exercised, the relevant change shall come into effect with the next access of the User to the Application. The changes in the contract shall be communicated to the User following the update of the Application update. If the User does not accept the amended Agreement, the User is required to terminate the utilization of the Application and remove the Application from the mobile device.
3. Security of Personal Data
3.1. In order to use the application and log in, the User must enter your phone number and the verification code received on your phone. After logging in to the application with your phone number, the User can fill in your profile information, consisting of name, surname, e-mail address, gender, date of birth data, depending on preference. To use the application and to ensure that graphs and status reports provided by the Application are created, information concerning your movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, and drugs that are used are special categories of personal data. To process information concerning movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, drugs that are used, which are special categories of personal data; explicit consent of the User is required pursuant to Article 6/2 of KVKK. For this reason, the User can only use the Application once the User has approved the Clarification Text for the Processing of Personal Data and the Explicit Consent Statement and this Agreement along with consent on processing and transferring of special categories of personal data.
3.2. Accordingly, the User’s phone number and, where the User fills in, the User’s special categories of personal data, which contain your movements, dyskinesia/involuntary movements, tremors, steps, sleep, areas of symptoms, drugs that are used, 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.
3.3. Within this period, providing that the User’s 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.
3.4. Personal data of the User may be transferred to the domestic and foreign suppliers, group companies and business partners, legally authorized public institutions and organizations, and private entities of h2o 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.
3.5. The User accepts, declares, and undertakes that the User gives explicit and free consent that h2o shall process, collect, use, and transfer the phone number shared with, transmitted, transferred to h2o, provided by h2o, and data concerning name, surname, gender, date of birth, city, phone number, e-mail address which are likely to be provided to h2o when downloading, logging in and using the Application as specified and in line with the purposes specified in this Agreement and Policy.
3.6. h2o ensures 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.
h2o takes some additional technical and administrative measures in order to ensure the security of the special categories of personal data processed 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 Article
3.5 and generally accepted good practices, in line with the importance it attaches to the protection of personal data and data security.
3.7 Personal data of the User processed for the purposes of this Agreement and 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 personal data of the User in accordance with the h2o Personal Data Storage and Destruction Policy. The User can request the h2o Personal Data Storage and Destruction Policy at info@h2otherapeutics.com to learn about the measures taken to securely store and
dispose of personal data of the User and the determined periods of storage and disposal.
3.8 The User may report claims regarding rights arising from KVKK and the relevant legislation to h2o at info@h2otherapeutics.com. The application of the User 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. This application of the User shall be replied to by h2o in writing or electronically, as soon as possible and within thirty (30) days at the latest, depending on the nature of the request. If such a request is rejected, the application will be replied to together with justification.
4. Intellectual and Industrial property Rights
4.1. 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.
4.2. 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 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.
4.3. The User accepts, declares, and undertakes that the User shall use the Application and the contents contained in the Application in accordance with this article and shall not act contrary to the conditions set out in this article.
5. Other Provisions
5.1. Ankara Courts and Enforcement Offices shall be exclusively authorized to resolve any disputes arising from this Agreement. This Agreement has been made in accordance and shall be enforced in accordance with Turkish Law.
5.2. If any provision of this Agreement is rendered invalid or unenforceable by law or by the court decision, this shall not affect the validity and enforceability of other provisions of the Agreement, and shall not prejudice the validity and enforceability of other provisions.
5.3. Failure of the parties to have exercised any of their right/authority arising from this Agreement and/or the law may not be interpreted as a waiver of exercising that right/authority, expressly or implicitly, temporarily or permanently. The parties can use their rights in question at any time.
5.4. No provision in this Agreement shall be construed as assigning one of the Parties the legal representative, agent, or business partner of the other, or giving one of the Parties the authority to implicitly represent the other Party, to undertake commitments on behalf of the other Party or binding the other Party, or to incur a debt.
5.5. No issue in this Agreement, implicitly or otherwise, shall be construed as imposing an obligation to make any other agreement between the Parties or with other natural or legal persons, or as granting a license to the other Party for industrial property rights or copyrights including any product, trademarks, patents that each Party currently owns or controls, or will own or control in the future.
5.6. The User shall not transfer or assign any rights and obligations arising from this Agreement to third parties.
6. Commercial e-mail
6.1. The User gives approval and consent for h2o to send commercial electronic messages to his/her e-mail address and/or phone regarding the goods and services of h2o and h2o, including celebrations and wishes, in accordance with the provisions of Law No. 6563 on the Regulation on Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Mails.
If you do not want to give approval/consent to receiving commercial electronic mails, please check the box below.
I do not give approval/consent to receiving commercial electronic mails, I refuse.
