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 email@example.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 firstname.lastname@example.org. 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.