User Agreement

1. Parties

This User Agreement ("Agreement") has been electronically executed between Buddy Management and Technology Consulting Services A.S. (referred to as "BUDDY"), domiciled at Bebek Mah. İnşirah SK. No:13/8, Beşiktaş 34467 Istanbul, and the "User" who accepts the terms and provisions set forth in this Agreement in order to become a member of the Buddy Application.

2. Definitions

In this Agreement, words starting with capital letters shall have the following meanings:

Relevant Legislation: All relevant laws, regulations, secondary legislation, and any administrative and legal regulations in force in connection with the services and/or services provided within the scope of this Agreement or in accordance with this Agreement,

Buddy Application: A mobile application service that can be installed on smart mobile devices with internet access and used by the User to request information via the application, allowing Member Businesses and their registered users to be informed about content related to performance management and evaluation services offered by Buddy, receiving and giving feedback, monitoring performance, reporting, and earning badges, points, and rewards activities related to performance,

User: The individual who becomes a member of the Buddy Application by entering into this User Agreement with BUDDY,

Member Business: Companies and organizations that have joined the Buddy Application for the use of Buddy Application customers, services, and/or services under a separate Usage (License) Agreement with BUDDY,

Member Business Platforms: Information system infrastructure of Member Businesses, which enables them to perform their service provision processes, their HR applications, websites, mobile applications, or any other platforms they use,

Member Business Services: Services offered to the respective member company within the Buddy Application,

Force Majeure: Natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, improvements or upgrades to Buddy Application and related systems and/or infrastructure, and any other events that BUDDY cannot prevent despite taking the necessary care,

express. Definitions and abbreviations not included in this Agreement shall have the meanings specified in the Relevant Legislation.

3. Subject of the Agreement

The subject of this Agreement is to determine the terms and conditions of the User benefiting from the Buddy Application developed by BUDDY and the rights and obligations of the parties in this context.

By becoming a member of the Buddy Application, the User gains the opportunity to access data related to the performance and career development of individual and team members through a single application, as well as rewards, benefits, reports, and other human resources services offered by Member Businesses and other services that may be available within the application.

4. Approval of the Agreement

The User can become a member of the Buddy Application through the Buddy mobile application using the email link sent to them. Every Buddy Application user agrees to comply with the provisions of this User Agreement they have entered into with BUDDY.

5. Services

The Buddy Application offers feedback receiving and giving, monitoring performance management processes, sharing with colleagues and the customer and supplier contact persons they communicate with due to their work, integration with corporate process software, data exchange with human resources management applications, and other related services to Buddy Application users via the internet and mobile devices (phone, tablet).

6. Buddy Application User System

Every Buddy Application user registers through their own "email" address, which they specify, with an invitation from the system administrator of the Buddy Application customer firm (Member Business) they work for or another firm they have a relationship with. Personal information and "password" information are filled out by the user themselves.

The registered email address is unique to each member, and multiple memberships cannot be created with the same email address.

To connect to systems that require Buddy Application membership, each user must enter their registered email address and password. This process is defined as logging into the Buddy Application system.

The "password" is known only to the respective user. If the User forgets their password, the Buddy Application will send a link to the user's registered email address to create a new password upon request. Determining and protecting the password is entirely the responsibility of the user, and the Buddy Application is not responsible for any problems or damages arising from the use of the password.

With the User's consent to receive commercial electronic messages, the Buddy Application may inform users via email about new services or projects. In addition, within the scope of the permission for commercial electronic messages, the Buddy Application may reach users through all communication channels shared by users with the Buddy Application system, including social media channels, and may share various promotions, campaigns, and similar information.

All intellectual property rights of the data and information generated by using the Buddy Application system belong to the Buddy Application customer firm (Member Business) to which the user is affiliated. In individual use of the system, these rights belong to the Buddy Application user.

7. User's Obligations

While benefiting from Buddy Application services, the User agrees to:

Ensure that the information provided in the User registration form is correct and acknowledges that only one email can be defined for each user created in the Buddy Application, and that responsibility for the inaccuracy or incompleteness of the information (such as forgetting the password) is the User's own, and in such cases, Buddy Application membership may be terminated;

Be personally responsible for any transaction made with the registered email address in the Buddy Application system;

Acknowledge that the services and software provided by the Buddy Application are owned by the Buddy Application and will not reproduce or distribute these software in any way;

Accept that the responsibility for any personal ideas, thoughts, expressions, files added to the Buddy Application environment, and personal information sent to the environment lies with them, and Buddy Application will not be held liable for any disputes between the user and the Buddy Application customer firm (Member Business), including but not limited to these files, in case of misuse, the Buddy Application reserves the right not to publish the content;

Not to access Buddy Application services in a manner unauthorized or outside of the manner determined by Buddy Application, not to change the software in any way, not to use the ones that are known to be altered, and in cases where these rules are violated, to indemnify the damage ruled by the court;

Not to misuse the services offered by Buddy Application and not to engage in any behavior that may negatively affect the rights of other users who use this system or cause harm, and in the event of such misuse, Buddy Application has the right to intervene, exclude the user from the service, and terminate the Buddy Application membership;

Not to transmit information prohibited by law, not to share data that is not authorized to be sent, such as chain mail, software viruses, etc.;

Not to use usernames, photos, messages, and nicknames that are threatening, unethical, racist, contrary to the laws of the Republic of Turkey, contrary to international agreements, contain political messages, infringe on third parties' intellectual or industrial property rights, and if such a situation is detected, the User will be solely responsible;

To ensure that usernames, photos, messages, and subject headings to be added to the environment comply with general morality, manners, and legal rules, not to contain political messages, and to accept that such statements, messages, and photos are considered to have lost their privacy and do not contain any intellectual and industrial property/copyright rights;

Not to harass or threaten other users;

Not to behave in a way that negatively affects the use of the Buddy Application system by other users;

Not to misuse the Buddy Application system or any systems and applications. 

8. Permissions Granted to the Buddy Application

The Buddy Application has ownership and copyright of the information, documents, software, designs, graphics, etc., produced by itself and/or purchased from external sources and located within the Buddy Application, as well as the copyright arising from ownership.

Buddy Application is entirely responsible for any damages, information loss, and other losses that may occur on the user's computer due to the use of the Buddy Application system, and it accepts, declares, and commits to indemnify the User for damages that may arise due to the use of the Buddy Application system.

By BUDDY, in order to improve and develop the Buddy Application website, and/or to access the site within the framework of legal regulations, some information such as the name of the Internet service provider used to access the site and Internet Protocol (IP) address, date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that directly connects to the site may be collected. Cookies are used in the Buddy Application system. Cookies are pieces of information that cookies transfer to a cookie file on the hard disk of a user's computer, allowing users to navigate in the Buddy Application and helping to prepare content tailored to the needs of users when necessary.

Buddy Application may allow the user to transition to external websites only through the Buddy Application, depending on the user's preference. In this case, the user accepts in advance that Buddy Application is not responsible for the content of the websites to which the user will transition.

In the future, for technical necessities and compliance with legislation, Buddy Application may make changes, modify existing articles, or add new articles to the implementation of this Agreement, as long as they do not work against the interests of the users. In such a case, these articles and the Agreement will be valid from the date of approval of the Agreement by the User.

9. Protection of Personal Data

BUDDY will process personal data belonging to the User in accordance with the scope and conditions specified in the "BUDDY Data Protection Policy" in Annex-1, which is an integral part of this Agreement. BUDDY accepts and declares that it will comply with the relevant legislation, including Law No. 6698 on Protection of Personal Data. The User acknowledges and declares that BUDDY has fulfilled the notification obligations required by Law No. 6698 and the Relevant Legislation within the scope of this Agreement. The User acknowledges that personal data may be processed within the scope of the "Buddy Data Protection Policy" for purposes such as business development, advertising activities, analytical activities, service quality provision, the continuity of the Buddy Application's operational activities, and the detection of unauthorized and fraudulent uses, in addition to legal reasons and regulations specified in Law No. 6698 and the Relevant Legislation. BUDDY may transfer personal data to third parties or group companies under the same conditions and purposes stated in the "Buddy Data Protection Policy" in accordance with the purposes stated therein and in compliance with the Relevant Legislation. The User agrees that personal information may be stored and processed for this purpose by third parties or organizations located in Turkey, with whom BUDDY has an agreement, and limited to the purpose of storage specified in this Agreement. Provided that BUDDY ensures that the third parties ("Data Transfer Persons") to whom personal data will be transferred in accordance with the provisions of this Agreement, primarily Law No. 6698, comply with all regulations regarding personal data, BUDDY is exclusively responsible for ensuring this. In the event of a personal data breach by Data Transfer Persons, BUDDY accepts, declares, and undertakes that it will indemnify the User for any damages that may arise jointly and severally with Data Transfer Persons. BUDDY's obligations regarding personal data in this article and the obligation to keep personal data confidential will continue indefinitely after the termination of this Agreement for any reason.

10. Protection of Intellectual Property Rights

All content, databases, interfaces, designs, texts, images, codes, and similar components related to the Buddy Application are owned by BUDDY. The User does not have the right to resell, process, share, distribute, display, or allow others to access or use any information, content, or data in the Buddy Application. The User may not reproduce, process, distribute, or create derivative works and operations from BUDDY's intellectual property rights.

11. Applicable Law and Competent Courts and Execution Offices

This Agreement is subject to the laws of the Republic of Turkey. In the resolution of any disputes arising from the performance of this Agreement, the Central Courts of Istanbul and Execution Offices are authorized.

12. Effectiveness

This Agreement becomes effective between the parties on the date the user registers with the system. By registering, the user acknowledges that they have read all the articles in the membership agreement and unconditionally accepts the articles in the membership agreement.

13. Termination

The parties may terminate this Agreement at any time as they wish. The termination of the Agreement does not affect the rights and claims of the parties arising from the Agreement.

14. Other Provisions

15.1. The User cannot transfer, assign, or lease the rights and obligations arising from the use of the Buddy Application as specified in this Agreement to a third party.

15.2. The fact that the rights granted to the Parties by this Agreement have not been fully and timely utilized shall not be interpreted as a waiver of those rights by the relevant Party.

15.3. The invalidity of any provision of this Agreement or the impossibility of its enforcement shall not affect the validity and performance of the other provisions.

Attachment 1:  Data Protection Policy

BUDDY has adopted the principle of protecting the privacy of your personal data, including but not limited to the Personal Data Protection Law No. 6698 ("PDPL") and other relevant legislation, and undertakes to act in compliance with all legal obligations regarding the processing of your personal data.

BUDDY's Data Protection Policy is prepared to provide you with information on how your Personal Data is processed and protected by BUDDY for what purposes, aiming to ensure the highest level of transparency possible.

Scope of the Privacy Policy

This Data Protection Policy covers only personal data within the Buddy Application, and does not include information collected through applications outside BUDDY's control, communication channels owned by Member Merchants, websites, and platforms, information collected through Member Merchant Sites via the application, or campaigns and other advertisements or promotions. BUDDY is not responsible for the processing of personal data collected, stored, and used by Member Merchants through their own websites or other channels.

Definitions

Personal data: Any kind of information related to an identified or identifiable real person,

Anonymization: The process of rendering personal data impossible to be associated with an identified or identifiable real person, either by matching it with other data or by any other means,

Processing of personal data: Any operation performed on personal data, including but not limited to obtaining, recording, storing, preserving, altering, organizing, disclosing, transferring, taking over, making it available, classifying, or preventing its use.

How are your data collected?

Our primary purpose in collecting your data is to provide you with a safe, uninterrupted, efficient, and personalized service. Except for the provisions in the relevant legislation, BUDDY and service providers acting on behalf of BUDDY collect and use your personal data in accordance with the permissions necessary to perform the following operations:

We collect your data using the following methods:

Data Directly Provided by Member Merchants and Users: These data refer to the Personal Data that Users and/or Member Merchants have directly provided to BUDDY before or during their use of the Application. These Personal Data encompass all personal data provided directly to BUDDY by Users.

Data Obtained When You Use the Application: These include personal data related to the usage habits of Users through the Application provided during the provision of the services.

Detailed information on which data is collected for what purposes regarding data collection can be found below.

What Data is Collected? The data collected by BUDDY depends on the services and features used by the User, and under this heading, the data that are counted as Personal Data within the scope of the PDPL and the relevant legislation, which are processed within the scope of the Services offered by BUDDY and are classified in groups, are listed below.

• Identity Verification Information: Phone number, username, surname, email address, and contact address of Users, membership information of Users, and passwords used for verifying identity for the Application, if any,

• Demographic Data: Date of birth, age, gender, preferred language, occupation information if provided by Users,

• Usage Data and Favorites: Results of satisfaction surveys or similar surveys that can be conducted through the Application, as well as, but not limited to, data on what types of messages (text, video, etc.) are sent without keeping information about the content, time intervals for being active, which services are followed, usage habits related to the Application interface, the last login date to the Application, errors that occurred during the use of the Application, and similar data related to Users, as well as analytical data related to reward programs, if any, collected through other services for Users,

• Location Data: Data related to the sensitive or approximate locations of Users. Depending on the device settings controlled by the User, this includes data identifying nearby base stations and Wi-Fi access points along with GPS data and navigation data derived from IP addresses.

• Point, Badge Acquisition Data: Data on monetary and non-monetary gain data that Users earn during the process of using the application,

• Device Data: Device brand, device operating system, language used on the phone, information about the operator used by the user, and country information.

Anonymous Data, which cannot be reversible, will be processed in accordance with the PDPL and the relevant legislation, and activities related to these data processing will be carried out independently of the provisions of this Data Protection Policy.

How Are Collected Data Used? 

Personal data will be processed within the scope of the purposes specified in this Data Protection Policy and the Membership Agreement, in accordance with the PDPL and other relevant legislation, and in the purposes specified below. You can find detailed information about the purposes for which data categories mentioned above will be processed below.

- User registration, problem/error reporting, control, improvement of operational activities, execution, business development, collection, in-house evaluation, customer portfolio management, measurement of service quality, communication, in-house evaluation, promotion and opportunity notification, service analysis, complaint management, management of customer satisfaction processes, processing of the application membership for transfer to other devices.

- Processing for purposes such as promotion, in-house evaluation, analysis, communication, business development using Anonymous Data, which cannot identify a single user, through statistical evaluation based on Anonymous Data.

- Processing for purposes such as business development, availability of existing services, marketing, advertising, profiling, audit and control, risk management, improvement of post-sale processes, in-house evaluation, portfolio management, measurement, improvement of service quality, communication, complaint management, and operational activities through statistical evaluation based on Anonymous Data, which cannot identify a single user, and analytical data related to reward programs, if any, collected through other services for Users.

- Processing for providing location-based services, offering location-based opportunities and campaigns, and ensuring control and management of location-based services, depending on the device settings controlled by the User and as preferred by the User.

- Processing for billing processes, accounting, improvement of post-sale processes, business development, collection, in-house evaluation, customer portfolio management, post-sale services, communication, marketing, audit, control purposes of invoice and payment information of Users who buy services for the Application on the device where they enter the Application.

- Processing for ensuring that the Application works in a compatible way with the device it will work on and the language used.

- Processing for the detection of usage habits and unauthorized and fraudulent use in order to improve business and service quality and to prevent unauthorized and fraudulent use, by analyzing the data, which will not have any purpose such as monitoring communication.

- Processing for backup of User communications upon request of the Users. Within the scope of backup data, messages received and sent by the User will only be archived if requested by the User. Users will be able to access backup data when they want to use the backup feature.

- Processing for determining which of the contacts registered on the device where the User installed the Application use the Application, depending on the User's control of the device settings.

Personal Data Processing: BUDDY processes Personal Data collected under this Data Protection Policy and Member Merchant Subscription Agreement, within the scope of the consent provided by the User, the rights and obligations arising from the law, and legal requirements, within the scope of the terms of use specified herein and for the purpose of providing the services defined in the User Agreement. BUDDY is not responsible for any conflicts that may arise between the Member Merchant Subscription Agreement and the User Agreement. Member Merchants are obliged to adjust their applications to be compliant with the PDPL and to create their own terms and conditions of use regarding the processing of personal data of their users on their applications. BUDDY does not have an official attitude on these terms and conditions created by Member Merchants.

Location Data Processing: BUDDY processes location data collected by the User depending on the User's device settings, including sensitive or approximate location data, in accordance with the consent provided by the User for location-based services. Location data will be processed in accordance with the PDPL and the relevant legislation and will be deleted when the reason for processing no longer exists.

Processing of Sensitive Personal Data: BUDDY will process sensitive personal data of Users only in cases permitted by law, in accordance with the explicit consent of the Users, and if it is obligatory within the scope of the services. Sensitive personal data of Users will be processed within the scope of the consent provided by the User, the rights and obligations arising from the law, and legal requirements, within the scope of the terms of use specified herein and for the purpose of providing the services defined in the User Agreement. BUDDY will ensure that sensitive personal data is not processed unless it is necessary for the purpose for which it was collected, and it will take all necessary precautions to protect the confidentiality and security of sensitive personal data.

Transfer of Personal Data: BUDDY may transfer Personal Data to third parties, limited to the conditions specified below, to enable the execution and improvement of the Application, to develop new services and offer users more opportunities, and to ensure the communication and marketing activities of Member Merchants and BUDDY. BUDDY may share personal data with service providers, business partners, and organizations that support BUDDY's business operations. BUDDY may also share Personal Data with other third parties, as permitted by the User, the law, and relevant regulations. In this context, your Personal Data may be transferred to BUDDY, business partners, suppliers, shareholders, affiliates, third parties authorized to represent, BUDDY's subsidiaries, and legally authorized public institutions and organizations, and third parties that are granted access to your Personal Data by BUDDY.

Your Consent and Rights Regarding Your Personal Data

You can access the rights under the PDPL regarding your Personal Data processed by BUDDY in accordance with the legislation by making a written application to BUDDY in accordance with the "Application Procedure and Principles for Data Owners" published by BUDDY on the website at [Insert Website Address]. Your rights related to your Personal Data are as follows:

• To learn whether your Personal Data is processed or not,

• To request information if your Personal Data has been processed,

• To learn the purpose of the processing of your Personal Data and whether these data are used for their intended purpose,

• To know the third parties to whom your Personal Data is transferred, at home or abroad,

• To request correction of your Personal Data if it is incomplete or incorrectly processed and to request notification of the transaction made within this scope to third parties to whom your Personal Data is transferred,

• To request the deletion or destruction of your Personal Data within the framework of the conditions stipulated in Article 7 of the PDPL, and to request notification of the transaction made within this scope to third parties to whom your Personal Data is transferred,

• To object to the occurrence of a result against you by analyzing your Personal Data exclusively through automated systems,

• To request the compensation of your damages in case you incur damages due to the illegal processing of your Personal Data.

BuUDDY informs you that if you do not have consent to share your Personal Data with third parties, this may restrict or prevent access to certain services. If you have questions or requests regarding your Personal Data or this Data Protection Policy, you can contact BUDDY by writing to the e-mail address provided in the Communication section of the Application or by sending a notification to the e-mail address specified in this Agreement.

Data Security

BUDDY takes the necessary technical and administrative measures to ensure that your Personal Data is processed in accordance with the law, is accurate and up-to-date, is kept for the period stipulated in the relevant legislation, and is protected from unauthorized access, sharing, and damage, taking into account the nature of the processed Personal Data.

Within this scope, all kinds of technical and administrative measures are taken by BUDDY in order to ensure the security of your Personal Data and to comply with the provisions of the PDPL and other relevant legislation. However, BUDDY does not guarantee that the Website/Application and its servers are free of viruses or harmful elements, or that your Personal Data is not accessed, changed, or destroyed by third parties despite these security measures. Member Merchants are responsible for their data security measures regarding their Member Merchant Sites and the data of their users.

Retention of Personal Data: BUDDY stores your Personal Data for the period stipulated in the relevant legislation or for the period required for the purpose for which it was processed. When the reasons requiring the processing of your Personal Data disappear, your Personal Data will be deleted, destroyed, or anonymized by BUDDY in accordance with the relevant legislation.

Revisions to the Data Protection Policy: BUDDY reserves the right to revise the provisions of this Data Protection Policy unilaterally by posting it on the Website/Application or by sending it to the Users electronically. The revised provisions of this Data Protection Policy will take effect on the date of publication, and BUDDY recommends that you review this Data Protection Policy periodically to learn about the changes. BUDDY is not responsible for the User's failure to follow the changes made in this Data Protection Policy.

Communications and Notifications: If you have any questions, requests, or suggestions regarding this Data Protection Policy, you can contact BUDDY by writing to the e-mail address provided in the Communication section of the Application or by sending a notification to the e-mail address specified in this Agreement. BUDDY will respond to your questions, requests, and suggestions as soon as possible.

Attachment 2: BUDDY Cookie Policy

We use cookies on our website to improve the performance and your experience as a user. This Cookie Policy explains how we do that.

What are Cookies?

Cookies are small text files that are stored on your device (computer, tablet, smartphone) when you visit a website. They are widely used to improve website performance and functionality, as well as to provide information to the website owner.

Why do we use Cookies?

We use cookies for various purposes, including:

Essential Cookies: These are necessary for the website to function properly. They enable basic features like page navigation, secure access, and loading images and media.

Performance Cookies: These cookies help us understand how you interact with our website by collecting information about the pages you visit and any errors you encounter. They do not collect any personal information.

Functional Cookies: These cookies enable the website to remember your preferences, such as language or region, to enhance your user experience.

Advertising Cookies: We and our advertising partners may use these cookies to deliver advertisements that are relevant to your interests. They are also used to limit the number of times you see an ad and help measure the effectiveness of ad campaigns.

Analytics Cookies: We use analytics tools to collect information about how you use our website. This helps us improve our services and provide you with a better user experience.

Types of Cookies We Use:

First-party Cookies: These are set by the website you're visiting.

Third-party Cookies: These are set by third-party domains separate from the website you're visiting. We may use third-party services, such as Google Analytics and social media platforms, that set their own cookies.

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Session Cookies: These are temporary cookies that expire when you close your browser or leave the website. They are essential for the proper functioning of certain features.

Persistent Cookies: These cookies remain on your device for a set period, even after you close your browser. They are used to remember your preferences and actions across multiple visits.

How to Manage Your Cookie Preferences:

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies may impact your user experience and parts of the website may no longer function correctly.

Browser Settings: You can adjust your browser settings to accept, refuse, or delete cookies. Check your browser's Help function for guidance.

Cookie Consent Tools: When you visit our website for the first time, you may be presented with a cookie consent banner that allows you to accept or decline cookies.

Third-party Opt-out: You can opt out of certain third-party cookies by using the opt-out features provided by the third-party services.

Please note that we do not respond to browser "Do Not Track" signals at this time.

Changes to This Cookie Policy:

We may update this Cookie Policy to reflect changes in our practices or for other operational, legal, or regulatory reasons. Any changes will be effective when we post the revised policy on our website.

Contact Us:

If you have any questions about this Cookie Policy or our use of cookies, please contact us at www.buddyperformance.com.