SODEXO User Privacy Agreement
ARTICLE 1- PARTIES
This agreement and its annexes (ANNEX-1 Confidentiality Agreement) have been mutually accepted and entered into force between "Sodexo Avantaj ve Ödüllendirme Hizmetleri Anonim Şirketi" located at "Kavacık Mahallesi, Ertürk Sokak, No:1 K 1 Plaza Kavacık/İstanbul" and "Sodexo Entegre Hizmet Yönetimi Anonim Şirketi" located at Saray Mahallesi Site Yolu Sokak No:18 Kat:1 34768 Ümraniye/İstanbul (hereinafter referred to as "Sodexo") and the User who benefits from Sodexo mobile applications within the conditions specified in this agreement.
ARTICLE 2- DEFINITIONS
2.1. İnternet Website https://sodexo.cloudoffix.com Website refers to the website
2.2. Application: Refers to the services offered through the website. (hereinafter referred to as the "Application")
2.3.User: Refers to the persons who benefit from the services offered by Sodexo from the application within the conditions specified in this agreement. (Hereinafter referred to as "User")
2.4. Communication Channels: It refers to communication channels such as instant notification, e-mail, sms, mms, telephone notification.
2.5. Message: It refers to the messages that Sodexo will send to the Users for marketing, research, information, etc. purposes and that the Users authorize to be sent to them by Sodexo.
ARTICLE 3- SUBJECT AND SCOPE
3.1. The subject of this agreement is the determination of all products and services available in practice for the User and to be offered by Sodexo in the future, the terms of utilization of these products and services and the rights and obligations of the parties.
3.2.By accepting the provisions of this Agreement, the User also accepts all statements made by Sodexo regarding the use, membership and services contained in the Application. The User accepts, declares and undertakes to act in accordance with all matters specified in the aforementioned statements.
ARTICLE 4- TERMS OF USE OF THE APPLICATION
4.1. Applications made through minors or persons who are not authorized to represent and bind the legal entity for legal entity members cannot benefit from the rights arising from the "User" even if the registration process is completed. Requests and transactions to the contrary are not under the responsibility of Sodexo
4.2. Sodexo may unilaterally terminate this Agreement and discontinue the User's use of this Application at any time without giving any reason, without any notice and without any obligation to pay any compensation and with immediate effect.
ARTICLE 5- MUTUAL RIGHTS AND OBLIGATIONS
5.1. Rights and Obligations of the User:
a) The User agrees that he/she will act in accordance with all terms and conditions contained in this Agreement, the rules set forth on the Sodexo website and all applicable legislation, and that he/she has read, understood and approved all terms and rules set forth in this Agreement while performing the user procedures, utilizing the products or services in the Application and performing any transaction related to the products or services in the Application.
b) The User agrees that in cases where Sodexo is obliged to disclose to the official authorities pursuant to the legal legislation, if such information is duly requested by the official authorities, it shall be authorized to disclose the information of the Users obtained within the Application to the official authorities and that no compensation may be requested from it under any name whatsoever for this reason
c) The User declares that Sodexo shall be authorized to disclose the commercial information belonging to the User to its business partners with whom Sodexo has concluded an agreement for the performance of the products and services subject to this Agreement and/or for this purpose, declares that he/she accepts this matter and accepts that no compensation can be claimed from Sodexo under any name whatsoever for this reason.
d) The User accepts and undertakes that the information and contents provided by the User within the Application are accurate and lawful. Sodexo is not obliged and responsible for investigating the accuracy of the information and contents transmitted to Sodexo by the User or uploaded, modified and provided by the User through the Application, nor is it obliged and responsible for undertaking and guaranteeing that such information and contents are safe, accurate and lawful, nor is it liable for any damages arising from the inaccuracy or incorrectness of such information and contents.
e) The User undertakes that the communication channels provided to Sodexo are his/her own and under his/her sole control and that he/she actively uses these communication channels. Otherwise, the User shall be liable to indemnify any material and moral damages that Sodexo may suffer due to the fact that the communication channels do not belong to the member or that the User does not actively use the Communication Channels.
f) Those who benefit from the products and services offered by Sodexo may make transactions within the Application only for lawful purposes. The User shall bear the legal and criminal liability for every transaction and action taken within the Application. When using the Application, Users agree to comply with the Turkish Penal Code, Turkish Commercial Code, Code of Obligations, Law No. 5651 on the Regulation of Publications on the Internet and Fight Against Crimes Committed Through Such Publications, Law on Intellectual and Artistic Works, Decrees with the force of law and legal regulations regarding the Protection of Trademark, Patent, Utility Model, Industrial Design Rights, all provisions of the relevant legislation currently in force, and any notices to be published by Sodexo regarding the Application.
g) The User acknowledges that this application is owned and operated by Sodexo. The content of this application is protected by Intellectual and Industrial Rights. The User agrees and undertakes not to reproduce, copy, distribute, process the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists contained in the Application, which may infringe the same or personal rights and assets of Sodexo and/or another third party.
h) Sodexo is not responsible for the content published by third parties, including the User, on the Application and on the websites linked through the Application. The commitment to the accuracy and lawfulness of the information, content, visual and audio images provided and published by any third party is the sole responsibility of the persons performing these actions. Sodexo does not undertake and guarantee the security, accuracy and lawfulness of the services and contents provided by third parties.
i) The User and Sodexo are independent parties. The ratification and implementation of this Agreement by the Parties shall not result in a partnership, agency or employee-employer relationship between them.
j) The User accepts, declares and undertakes that the reference messages to be sent to third parties under this Agreement will not contain elements contrary to law and morality. The User accepts, declares and undertakes that he/she will not communicate with an intensity that may be characterized as unsolicited electronic mail communication by third parties with the electronic mails he/she will send. The User agrees that he/she shall be responsible for all communications that he/she will make in violation of this article, and that in the event of a lawsuit and claim against Sodexo arising from such communications for whatever reason; the User accepts, declares and undertakes that Sodexo may notify him/her of such lawsuit and claim, that Sodexo shall immediately provide him/her with all kinds of information and content necessary for Sodexo's defense in order to ensure that the legal periods required for defense are not exceeded, and that if Sodexo suffers any damage as a result of the said lawsuit and claim, the said damage may be recourse to him/her by Sodexo, without prejudice to his/her rights to compensation. Sodexo reserves the right to unilaterally terminate this Agreement, suspend or cancel the membership without any notice due to the User's violation of this article.
Rights and Obligations of Sodexo:
a) Sodexo reserves the right to unilaterally change the products, services and contents offered in the Application at any time, to make the information and contents uploaded by the User to the system inaccessible to third parties, including the User, and to delete them. Sodexo may exercise this right without notice and without prior notice. If the changes and/or corrections requested by Sodexo from the User are not fulfilled within the specified period of time, Sodexo shall not be liable for any damages that have arisen and may arise and shall have the right to freeze or terminate the User's right to use the Application.
b) For ease of reference or for various reasons, links may be provided within the Application to a number of websites or contents that are not under the control of Sodexo. These links do not constitute an endorsement of the website or the content owner, nor do they constitute a representation or warranty of any kind regarding the website or the information contained in the content. Sodexo does not make any suggestions and recommendations and does not give any confidence, declarations and guarantees to the user in these matters, including but not limited to those listed herein, that the content of the websites of third parties is legal, accurate, reliable, relevant and appropriate, that the information, data, software, products or services used in its content are of merchantable quality, that the operation and administration of the website will be error-free and uninterrupted, that the malfunctions, defects and disorders will be corrected, that the website is cleaned from damaging elements and viruses. Sodexo has no responsibility for the portals, websites, files and contents accessed through the links on the Application, the services or products offered from the portals or websites accessed through these links or their contents.
c) Sodexo may use the User information contained in the Application outside the Services for User security, for the performance of its own obligations, for certain statistical evaluations and internal audits or for advertising and/or promotion as demographic information, and may classify and store them on a database.
d) Sodexo reserves the right to change, reorganize, discontinue this Application and any services, products available in this Application and its extension, the conditions for using the Application and the information provided in the Application without any prior notice. Amendments enter into force at the moment of publication in the Application. Users are deemed to have accepted these changes by using or accessing the Application. Changes shall be announced to Users through the medium determined by Sodexo.
e) Sodexo gives no guarantee that the services provided within the scope of the Application will be continuously active and accessible. In particular, Sodexo accepts no responsibility whatsoever for judicial and other competent official authority decisions and practices, force majeure, situations caused by third parties, disruptions and delays caused by the organizations providing Internet connection service and similar external factors, misuse, technical failures and other disruptions that may arise from Sodexo, repair works or other directives.
f) When necessary, Sodexo may limit or suspend access to the service if the operational security of the network is compromised, the continuity of access to the network, to prevent malfunctions that may occur in the network, software or saved files, to prevent or reduce the impact of possible disruptions and in other cases deemed necessary.
ARTICLE 6- SERVICES
ARTICLE 7- CONFIDENTIALITY
Sodexo may use the information related to the Users outside the scope of this Agreement within the scope of the "Confidentiality Agreement", which is an integral part of the User Agreement and is included in Annex-1 of this Agreement. Sodexo may disclose or use confidential information of Users to third parties outside the scope of this Agreement but within the conditions specified in the "Confidentiality Agreement". Although measures have been taken within the available means to ensure that the Sodexo website is free of viruses and similar malware, the user is obliged to supply his/her own virus protection system and provide the necessary protection to ensure ultimate security. Within this framework, the user accepts that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences due to entering the Sodexo website. Sodexo may, at its sole discretion, change the content of the site at any time, modify or terminate any service provided to users. Although Sodexo has taken every precaution to ensure that the Sodexo website is error-free, no guarantee is given regarding errors and interruptions that exist or may occur on the site. The Sodexo website may place information on your computer to help us identify you. This information is commonly known as a "cookie". The use of cookies is an industry standard and many websites use them. Cookies are saved on your computer. If you want to receive cookies or want to know when they are placed, you can set your web browser to do so, if your web browser has this feature. Google Analytics, a statistical tracking program, collects information that is automatically sent to Sodexo by your web browser. This information typically includes the IP address of your Internet service provider, the name of your operating system and the version of your web browser. Please check your browser if you want to know what information it sends or how to change your settings. The information provided by your browser does not identify you personally. We use this information to generate statistics that help us improve our sites and make them more compatible with the technology used by our internet visitors.
ARTICLE 8- APPLICABLE LAW AND COMPETENT COURT
Turkish Law shall apply in the implementation and interpretation of this Agreement. Istanbul Central Courts and Enforcement Offices are authorized to settle any disputes arising or that may arise from this Agreement.
ARTICLE 9- INTELLECTUAL PROPERTY RIGHTS
All elements of the Application (including but not limited to the general appearance, design, text, images, text, logos, logos, icons, demonstrative, written, electronic, graphic or machine-readable technical data, Sodexo brand, applied business method and business model, software code and other code) belong to Sodexo and/or are used by Sodexo under copyright from a third party. All these elements belonging to Sodexo, which are protected under Intellectual and Industrial Rights, may not be modified, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used outside the scope of the User Agreement or derivative works may not be made or prepared without prior permission and reference, In the event of the contrary, the person(s) responsible shall be liable to compensate Sodexo for the damages suffered by Sodexo and/or the amount of compensation claimed from Sodexo for damages suffered by third parties, including licensors, including court costs and attorney's fees.
ARTICLE 10- CONTRACT AMENDMENTS
Sodexo may, at its sole discretion and unilaterally, amend this User Agreement or any of its provisions and annexes at any time it deems appropriate by posting it on the Application. The amended provisions of this User Agreement shall become effective on the date of their announcement or on the effective date if there is a previously specified effective date; the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences. This User Agreement cannot be changed by unilateral declarations of the members.
ARTICLE 11- FORCE MAJEURE
11.1. The term force majeure shall be interpreted as unavoidable events beyond Sodexo's reasonable control, including but not limited to natural disasters, riots, war, strikes, attacks on the Application, the Portal and the system despite Sodexo taking the necessary information security measures, and which Sodexo cannot prevent despite exercising due diligence.
11.2. In all cases of force majeure, the Parties shall not be liable for late or incomplete performance or non-performance of any of their obligations under this Agreement.
ARTICLE 12- VALIDITY OF REGISTRATIONS
The User accepts, declares and undertakes that in disputes that may arise from this Agreement, Sodexo's electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept in its database and servers shall constitute binding, conclusive and exclusive evidence and that this article is an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 14- NOTIFICATION ADDRESSES
14.1. The electronic mail address notified by the Users to Sodexo shall be deemed to be the electronic mail from which the legal address will be requested for any notification to be made in relation to this Agreement.
14.2. Unless the parties notify the other party in writing of changes in their existing e-mails within 3 (three) days, they agree that requests to the old e-mails shall be valid and deemed to be made to them.
ARTICLE 15-ENFORCEMENT
15.1. The User declares, accepts and undertakes that he/she has read, understood and accepted all of the articles contained in this Agreement and confirms the accuracy of the information he/she has provided about himself/herself.
ANNEX - CONFIDENTIALITY AGREEMENT
1. Sodexo cares about personal information and data security and takes care to take all necessary measures in this regard. Users also accept, declare and undertake that they will act in accordance with the provisions of this confidentiality agreement by using the Application.
2. This Confidentiality Agreement shall apply to all parts of the Application.
3.Protecting users' information and maintaining confidentiality is Sodexo's first priority. For this reason, the information provided by the Users will not be used in any scope other than the rules and purposes specified in the contract and will not be shared with third parties
4.Sodexo will never share, sell or allow to be used under any circumstances the personal data and information transmitted to it with third parties other than for the purposes described above regarding the collection of information.
5. In order to identify system-related problems in the Application and to urgently resolve possible problems that may arise in the Application, Sodexo may, if necessary, record the IP address of the Users, the information stored in the social network user account and use these records for the aforementioned purposes. These IP addresses may be used by Sodexo to identify its users and visitors in general terms and to collect demographic data in a comprehensive manner.
6. The information obtained within the scope of the Application may be used by Sodexo and other persons and institutions with which it cooperates, without revealing the identity of the User in any way, only within the scope of various statistical evaluations, authorized marketing, database creation efforts and market research.
7. Sodexo may provide links to other sites within the Application, may publish advertisements of 3rd parties with which it has an agreement, and may direct Users to the site of the advertiser or contracted 3rd parties through advertisements. Sodexo is not responsible for the privacy practices and policies of other Applications accessed through this link or for the content they contain.
8. In the cases listed below, Sodexo may disclose the information of the users to third parties by going beyond the provisions of this privacy statement. These situations are; • Cases where the obligations imposed by the rules of law must be complied with, • In cases related to the fulfillment of the requirements of the agreements between Sodexo and its Users and their implementation, • In cases where information about the Users is requested by the competent administrative and/or judicial authorities in accordance with an investigation or investigation carried out in accordance with the procedural method, Where it is necessary to provide information to protect the rights or safety of users.
9. Sodexo undertakes to keep confidential information provided to it strictly private and confidential, to keep it as a secret, and to take all necessary measures and exercise all due diligence to ensure and maintain confidentiality and to prevent all or any part of confidential information from entering the public domain or from unauthorized use or disclosure to a third party.
10. The information that may be requested from Users who respond to periodic or non-periodic surveys that may be organized by Sodexo within the Applications may also be used by Sodexo and the persons or institutions in cooperation with Sodexo for direct marketing to these users, statistical analysis and to create a special database.
11. Sodexo may change the provisions of this privacy statement at any time it deems necessary, provided that it publishes them in the Application. The privacy notice provisions amended by Sodexo shall be deemed to have entered into force on the date of their publication in the Application.
12.This Confidentiality Agreement consists of 12 (twelve) articles.
This agreement and its annexes (ANNEX-1 Confidentiality Agreement) have been mutually accepted and entered into force between "Sodexo Avantaj ve Ödüllendirme Hizmetleri Anonim Şirketi" located at "Kavacık Mahallesi, Ertürk Sokak, No:1 K 1 Plaza Kavacık/İstanbul" and "Sodexo Entegre Hizmet Yönetimi Anonim Şirketi" located at Saray Mahallesi Site Yolu Sokak No:18 Kat:1 34768 Ümraniye/İstanbul (hereinafter referred to as "Sodexo") and the User who benefits from Sodexo mobile applications within the conditions specified in this agreement.
ARTICLE 2- DEFINITIONS
ARTICLE 3- SUBJECT AND SCOPE
ARTICLE 4- TERMS OF USE OF THE APPLICATION
ARTICLE 5- MUTUAL RIGHTS AND OBLIGATIONS
5.1. Rights and Obligations of the User:
Rights and Obligations of Sodexo:
ARTICLE 6- SERVICES
ARTICLE 7- CONFIDENTIALITY
Sodexo may use the information related to the Users outside the scope of this Agreement within the scope of the "Confidentiality Agreement", which is an integral part of the User Agreement and is included in Annex-1 of this Agreement. Sodexo may disclose or use confidential information of Users to third parties outside the scope of this Agreement but within the conditions specified in the "Confidentiality Agreement". Although measures have been taken within the available means to ensure that the Sodexo website is free of viruses and similar malware, the user is obliged to supply his/her own virus protection system and provide the necessary protection to ensure ultimate security. Within this framework, the user accepts that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences due to entering the Sodexo website. Sodexo may, at its sole discretion, change the content of the site at any time, modify or terminate any service provided to users. Although Sodexo has taken every precaution to ensure that the Sodexo website is error-free, no guarantee is given regarding errors and interruptions that exist or may occur on the site. The Sodexo website may place information on your computer to help us identify you. This information is commonly known as a "cookie". The use of cookies is an industry standard and many websites use them. Cookies are saved on your computer. If you want to receive cookies or want to know when they are placed, you can set your web browser to do so, if your web browser has this feature. Google Analytics, a statistical tracking program, collects information that is automatically sent to Sodexo by your web browser. This information typically includes the IP address of your Internet service provider, the name of your operating system and the version of your web browser. Please check your browser if you want to know what information it sends or how to change your settings. The information provided by your browser does not identify you personally. We use this information to generate statistics that help us improve our sites and make them more compatible with the technology used by our internet visitors.
ARTICLE 8- APPLICABLE LAW AND COMPETENT COURT
Turkish Law shall apply in the implementation and interpretation of this Agreement. Istanbul Central Courts and Enforcement Offices are authorized to settle any disputes arising or that may arise from this Agreement.
ARTICLE 9- INTELLECTUAL PROPERTY RIGHTS
All elements of the Application (including but not limited to the general appearance, design, text, images, text, logos, logos, icons, demonstrative, written, electronic, graphic or machine-readable technical data, Sodexo brand, applied business method and business model, software code and other code) belong to Sodexo and/or are used by Sodexo under copyright from a third party. All these elements belonging to Sodexo, which are protected under Intellectual and Industrial Rights, may not be modified, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used outside the scope of the User Agreement or derivative works may not be made or prepared without prior permission and reference, In the event of the contrary, the person(s) responsible shall be liable to compensate Sodexo for the damages suffered by Sodexo and/or the amount of compensation claimed from Sodexo for damages suffered by third parties, including licensors, including court costs and attorney's fees.
ARTICLE 10- CONTRACT AMENDMENTS
Sodexo may, at its sole discretion and unilaterally, amend this User Agreement or any of its provisions and annexes at any time it deems appropriate by posting it on the Application. The amended provisions of this User Agreement shall become effective on the date of their announcement or on the effective date if there is a previously specified effective date; the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences. This User Agreement cannot be changed by unilateral declarations of the members.
ARTICLE 11- FORCE MAJEURE
ARTICLE 12- VALIDITY OF REGISTRATIONS
The User accepts, declares and undertakes that in disputes that may arise from this Agreement, Sodexo's electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept in its database and servers shall constitute binding, conclusive and exclusive evidence and that this article is an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 14- NOTIFICATION ADDRESSES
ARTICLE 15-ENFORCEMENT
ANNEX - CONFIDENTIALITY AGREEMENT