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FLOWQ USER AGREEMENT

 

INTRODUCTION

 

PLEASE READ THE TERMS CAREFULLY. THIS IS AN OBLIGATORY AGREEMENT.

 

Welcome to the software provided by FlowQ!

By clicking the box where this agreement is located, you agree to enter a legally obligatory contract with FlowQ in accordance with the terms set forth in this agreement. If you do not accept this agreement ("Agreement" or "User Agreement"), do not sign up and do not access or use our Services in any other way.

 

Accessing and/or using the Application and Services provided by FlowQ as defined below, and/or benefiting from them, signifies that you have read and accepted all the terms of this Agreement and its annexes, and that you are a party to this Agreement as a "User" (referred to as " User" or "you" in this Agreement). If you do not accept any provision of this Agreement and its annexes, do not access the Application and/or Services provided by FlowQ, do not use these services, and do not benefit from them.

 

FlowQ, commits to respecting your rights and privacy in accordance with the applicable laws regarding your personal data. By accepting this Agreement, you will give your consent to the processing, storage, and transfer of your personal data in accordance with the provisions of this Agreement, whether it is within or outside of Turkey. If you do not agree, do not confirm the Agreement, and do not use the Application and Services.

Please read the Privacy Policy and Article 6 of the Contract for information about the processing of your personal data and your related rights.

1. PARTIES

This Agreement and its annexes (hereinafter collectively referred to as the "Agreement"), is entered into and mutually accepted between "FlowQ Talent Management Systems Inc.", with its registered address at "Altunizade Mah. Kısıklı Cad. No 2 Kat 3 Üsküdar/İstanbul/Turkey", registered with the Istanbul Trade Registry with registration number 102687 / 5, and accessible at the website www.flowq.com (hereinafter referred to as "FlowQ", "We" or "FlowQ Company"), on the one hand, and you, as the party who has become a party to this Agreement by using, accessing or benefiting from the Application and/or Services (hereinafter referred to as "User" or "you"), on the other hand, and has come into effect upon mutual acceptance.

 

2.DEFINITIONS

2.1. The following expressions used in the Agreement shall have the meanings ascribed to them below, unless otherwise defined in other provisions of the Agreement. Unless the context requires otherwise, singular terms shall include the plural, and plural terms shall include the singular, and specific gender shall include the other genders.

a) "Application": Refers to the software called "FlowQ" which is made accessible by FlowQ Company via the website "flowq.com", and other software branded as "FlowQ" created or to be created by FlowQ for desktop and/or mobile and/or web systems.

b) "Services": Refers to all services provided through the applications.

c) "Personal Data": Refers to any and all information related to the User provided to FlowQ through the Applications and/or Services, concerning the User.

d) "User Content": Encompasses the answers provided by the User to the questions/forms in the Application and other content generated by the User through the use of the Application or Services.

e) "Access Tools to the System": Refers to the confidential tools, such as username, password, code, or link from communication channels, that are unique to the User and necessary for accessing the User's account management page, forms, and the Application, and are kept solely in the User's possession.

f) "Third Party Employer": Refers to third-party entities who receive services from FlowQ for the collection, processing, evaluation, and generation of reports based on the User's Personal Data for the purpose of obtaining such data and evaluations.

 

3.SUBJECT, SCOPE, and PURPOSE

The Agreement primarily covers the rights and obligations of the parties related to the User's access to the Application and Services, and the use and utilization of the Application and Services by the User.

The main purpose of the Agreement is to allow FlowQ to evaluate the User's Personal Data for the recruitment processes of Third-Party Employers and enable the User to self-assess, identify development areas, and track career development. For these purposes, the User authorizes FlowQ to process, store, transfer, and evaluate their Personal Data and User Content within the scope of the Agreement, and grants FlowQ the permission, opportunity, and authority to (1) disclose and transfer their Personal Data and User Content to Third-Party Employers, (2) create reports and outputs (referred to as "Report") by using and processing their Personal Data and User Content, and (3) provide the Reports to Third-Party Employers. FlowQ provides this service to Third-Party Employers to assist in improving the effectiveness of their recruitment processes.

FlowQ will not assume any decision-making role in the evaluation process for recruitment by any Third-Party Employer involving the User.

Except for damages to be paid in case of breach of the Agreement, no Party under the scope of the Agreement is obligated to make any payments to the other Party under any title or for any reason whatsoever.

FlowQ reserves the right to modify, suspend, or terminate any of the services mentioned in this Agreement.

FlowQ is not obligated to provide any goods or services to the User under this Agreement.

 

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The User shall not use the Application for purposes other than those specified in the Agreement or for unlawful purposes. The User undertakes and warrants to comply with the provisions of the Agreement, applicable legislation, and respect the rights of FlowQ and third parties in all actions and transactions made within the scope of the Agreement or related to the Agreement. The User acknowledges that any legal and/or criminal liability arising from such violations shall be solely and entirely attributed to them.

4.2. The User is obliged to keep the Access Tools to the System confidential. The authority to use the Access Tools solely belongs to the User. The User shall not disclose the Access Tools to any third parties. FlowQ is not obliged to identify the identities of individuals who engage in unauthorized use. Subject to the provisions stated above, the User acknowledges, declares, and undertakes that (1) they are solely and exclusively responsible for the use of the Access Tools by a third party and its consequences, (2) actions and transactions carried out using this information are binding on themselves. The User is obliged to immediately inform FlowQ and the relevant Third-Party Employer if they become aware that the Access Tools have been disclosed to others.

4.3. The User acknowledges and undertakes that the Personal Data and User Content are accurate, up-to-date, and in compliance with the law. FlowQ is not obliged to investigate the accuracy of User Content and Personal Data and does not guarantee or undertake to ensure that this information and content are secure, accurate, and in compliance with the law. FlowQ is not responsible for any consequences or damages arising from User Content and Personal Data being incorrect or unlawful.

4.4. The User acknowledges, declares, and undertakes that all actions and transactions made from areas within the application that are accessible only by themselves are be deemed to have been performed exclusively and independently by themselves. The User acknowledges and declares that the Communication Channels provided to FlowQ are solely their responsibility and under their sole control, and that they actively use these Communication Channels.

4.5 . FlowQ is not responsible for any content published by third parties, including Users, on the Application or on websites linked through the Application. The accuracy and legality of any information, content, visual or auditory images provided and/or published by any third party are solely the responsibility of the individuals who perform these actions. FlowQ does not explicitly or implicitly guarantee or warrant the security, accuracy, or legality of services and content provided by third parties.

4.6. The User and FlowQ are independent parties. The acceptance and implementation of this Agreement by the Parties does not create a partnership, agency, representation, proxy, or employer-employee relationship between them.

4.7. The User agrees that (1) messages sent through the Application under this Agreement will not contain any elements that are contrary to law and/or morality, (2) they will not engage in communication that may be considered as excessive or unwanted electronic communication by third parties with the electronic mails they send, (3) they acknowledge that the responsibility for any communication made in violation of this provision solely and exclusively belongs to them.

4.8. The User has explicitly consented and given approval for FlowQ to communicate with them through instant notifications, emails, SMS, and other electronic communication methods. Furthermore, the User agrees to keep all communication information up-to-date, except for commercial electronic messages, as part of this Agreement. Therefore, any notifications made to the contact information provided with this consent will be considered valid.

4.9. FlowQ reserves the right to modify the Application and Services, including but not limited to changing them at any time without prior notice, and also has the sole and absolute discretion to restrict User's and third parties' access to Personal Data and User Content, as well as the right to delete Personal Data and User Content. FlowQ can use this right without any notification or prior notice. It is the User's responsibility to fulfill the requests for changes and/or corrections on the Personal Data requested by FlowQ and on the User Content within the specified timeframe, and the User can be liable for any consequences arising from the violation of this obligation. In such cases, FlowQ shall have the right to suspend or terminate the User's access to the Application and/or Services.

4.10 . If we make significant changes under the scope of the Agreement, we will notify you through our Services or other means before the changes take effect, to provide you with an opportunity to review them. These changes will not be retroactive. If you continue to use our Services after we have published or sent a notification about changes to these terms, it means that you have accepted the updated terms as of their effective dates.

4.11 . FlowQ does not guarantee that the services provided within the Application will be active and accessible.

4.12. FlowQ reserves the right, at its sole discretion, to restrict or terminate access to the Application and Services when it deems necessary to prevent or mitigate potential disruptions, protect network operation security, ensure network accessibility, prevent or reduce malfunctions that may occur in the network, software, or registered files, or for other necessary reasons.

4.13. The User acknowledges in advance that FlowQ has the absolute and exclusive discretion to select, determine, and implement the methods, criteria, and tools (referred to as "Method") to be used in the creation, modification, and processing of Reports. FlowQ commits that the Method will (1) be objective, (2) not contradict scientific methods, and (3) be prepared in good faith. The User expressly acknowledges that they have no right to raise objections, request reevaluation, or claim damages related to the Report or Method. The User acknowledges that the Method is FlowQ's trade secret. The User expressly agrees and undertakes that they will never request or disclose, directly or indirectly, the disclosure of this trade secret (1) to themselves or to others, or to any official authorities, and (2) they will not request or cause the disclosure of this trade secret before administrative or judicial authorities, and will not contribute to such disclosure in any way.

 

5. PRIVACY

5.1. The information exchanged between the parties within the scope of the Agreement, including Personal Data but excluding User Content, and the discussions and correspondence between the parties are be considered confidential and cannot be disclosed to third parties for any reason or by any means. Exceptions to this are as follows:

a) Cases where the disclosure of confidential information is legally required

b) Information that parties may provide to administrative and judicial authorities in order to protect their rights and interests.

c) Statements made by FlowQ to Third Party Employers in accordance with the Contract.

d) Disclosures that need to be made by one of the parties to their attorneys and/or financial advisors who are bound by confidentiality obligations.

e) In cases where the parties obtain services from third parties (such as hosting providers, email, IT, backup, security services) as part of the performance or operational requirements of the Contract, and where such third-party service providers operate under confidentiality obligations, the instances where confidential information is disclosed to these third parties for their access.

5.2. This provision of the Contract is deemed valid to the extent that it complies with the legislation on protection of personal data and can be implemented in accordance with such legislation. If you do not accept this policy, do not use FlowQ applications.

6. PERSONAL DATA

6.1. The User accepts the following conditions and provides explicit and prior consent to these conditions:

a) The User provides their Personal Data and User Content to FlowQ by accessing and/or using the Application and/or Services and/or benefiting from them.

b) The User warrants that the Personal Data and User Content provided by them are their own, related to themselves, accurate, and up to date.

c) The User undertakes that the Personal Data and User Content provided by them will not violate the rights and law of third parties.

d) The Personal Data and User Content provided by the User under the Agreement may be processed, stored, and transferred to any location in Turkey or abroad by FlowQ. The countries where we process the data may have different laws than those in your country, and these laws may not be as protective as those in your country.

e) The Personal Data and User Content provided by the User under the Agreement may be used by FlowQ in accordance with the purposes of the Agreement and within the scope specified in the Privacy Policy, for example, FlowQ may provide and disclose them to Third-Party Employers.

f) The User acknowledges that the User Content cannot be defined as personal data under the Agreement and the data protection law.

6.2. FlowQ agrees to comply with the legislation related to personal data concerning Personal Data.

6.3. FlowQ does not provide any explicit or implicit commitment to the User regarding Personal Data and User Content, except for compliance with the relevant legislation on personal data and what is explicitly stated in the Agreement. To clarify without leaving any doubt, FlowQ may completely destroy Personal Data and User Content terminate the processing of Personal Data and User Content at any time at its sole discretion, or may choose not to use or process Personal Data and User Content at all.

6.4. If any third party, including but not limited to Third Party Employers, enters the User's name, email address, and other Personal Data into the Application and Services, such data may be processed, stored, transferred, and used in accordance with the Agreement, and emails may be sent to you using this data. You acknowledge and agree that FlowQ has no express or implied liability in such cases, and any liability related to such Personal Data entered into the Application and Services by third parties will be solely with such third parties.

6.5. The User cannot demand any payment from FlowQ under any name or for any reason within the scope of the Contract. The User cannot make any claims or demand any payment or compensation related to the proper use of their Personal Data and/or User Content according to the Contract.

6.6. Termination of the Agreement due to expiration of the term, termination, or any other reason does not require the destruction of Personal Data. To destroy Personal Data, the User must send a written notification in compliance with the Agreement, its annexes, and the applicable legislation on personal data.

6.7. The User authorizes FlowQ to (1) provide services to any Third Party Employer using Personal Data and User Content, (2) provide and disclose Personal Data and User Content to any Third Party Employer, and (3) create Reports based on Personal Data and User Content using the Method and provide the Reports to any Third Party Employer. FlowQ is not subject to any restrictions or limitations in terms of the scope of Third Party Employers, both domestically and internationally, to the extent permitted by its knowledge, provided that it acts in accordance with (1) the purposes of the Contract and (2) applicable legislation.

 

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The Application, Services and all their parts, components and elements (including but not limited to the general appearance, design, text, image, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data presented, FlowQ trademark, applied business method and model, software code and other codes, and know-how) and all intellectual property rights in them are solely and entirely owned by FlowQ and/or used under copyright or license obtained from a third party by FlowQ.

7.2. Unless otherwise explicitly and in writing specified by FlowQ, the User, by accepting this Agreement, becomes the holder of a limited, non-transferable, non-exclusive, non-sub-licensable, and revocable license to use the Application and Services in accordance with the Agreement and for their personal use only. The Agreement does not grant the User any other intellectual property right or license outside of this license. FlowQ reserves the right to suspend, revoke, cancel or terminate this usage license at any time, solely and definitively at its own discretion. FlowQ reserves all rights to the Application and Services, subject to the license granted to the User under this provision.

7.3. Unless explicitly permitted in writing by FlowQ and subject to the license granted to the User under this Agreement to use the Application and/or Services in accordance with this Agreement, the elements included in the Application and the Application itself cannot be processed, modified, copied, reproduced, transferred, translated to another language, republished, sold, resold, shared, distributed, exhibited, used outside the scope of this Agreement, or used to create derivative works or prepared, subjected to reverse engineering. In the event of any such contrary behavior, the User and any other responsible person(s), if any, shall be jointly and severally liable to compensate FlowQ for any damages suffered by FlowQ and/or any claims and compensations requested by third parties, including licensors, court expenses, and attorney fees.

7.4. The User has granted FlowQ and any third-party employers to whom FlowQ sub-licenses Personal Data and User Content a limited, worldwide, revocable, fully sub-licensable, non-proprietary, royalty-free, and valid license (or right to use) for the purposes of this Agreement to use Personal Data and User Content, subject to the applicable law and for the longest period permitted by law.

8. CONTRACT MODIFICATIONS

8.1. FlowQ may change the Agreement and its annexes at any time at its sole, exclusive and absolute discretion. Each change will be announced on the website www.flowq.com and/or on the Application. The changes become effective on the date of their announcement. The user agrees that all of these changes will be binding for them. The user is responsible for checking the current version of the Agreement and its annexes at least once a week. The user has the right to terminate the Agreement by providing written notice to FlowQ within 14 days of any change.

8.2. FlowQ acknowledges that it has obtained the user's permission under sections 4.10 and 8.1 of this agreement, and within the scope of this permission, there will be no changes made to the "FlowQ User Agreement" in foreign languages. It is accepted by the user that in case of any disputes arising within this context, the Turkish text shall prevail.

 

9. FORCE MAJEURE

9.1. Any event that occurs beyond the reasonable control of the affected party and prevents the affected party from performing the Agreement shall be considered as Force Majeure. Any event beyond the reasonable control of the affected party and that prevents the affected party from performing the Contract shall be deemed as Force Majeure, including but not limited to natural disasters, fire, flood, terrorism, war, strikes, lockouts, any disruption, malfunction or failure in infrastructure services such as electronic communication and electricity, computer and other electrical, mechanical or technological application, error or malfunction of software, hardware, service or system, harmful software, hacker attacks, power outages or internet disruptions.

9.2. The party affected by Force Majeure shall not be held liable to the other party, to the extent that it is affected by Force Majeure, for any delay or inability to perform the contract and shall not be deemed to have breached the Contract.

 

10. TECHNICAL ISSUES

10.1. FlowQ shall not be liable, under any circumstances, for any "Technical Issues" affecting FlowQ or any third party from whom FlowQ receives goods/services, to the widest extent permitted by the applicable law, including (1) any breach of the Agreement and/or the applicable law and/or infringement of User's rights and (2) any loss, damage, alteration, disclosure, or unauthorized access of Personal Data or User Content.

10.2. The term "Technical Issues" includes but is not limited to errors, negligence, interruptions, deletion of files or emails, defects, viruses, harmful software, delays in operation or transmission, performance issues, software errors, software vulnerabilities, software or hardware defects, disclosure, loss, alteration, corruption of Personal Data and User Content, and unauthorized access.

10.3. Including but not limited to the reasons listed as Technical Issues, Force Majeure events of any kind, communication failures, internet or electricity interruptions or malfunctions, theft, destruction, unauthorized access to data, records, programs, or services, cyber attacks, negligence or intentional actions of authorized personnel, negligence or intentional actions of third parties or users.

10.4. Technical Problems include, but are not limited to, any problems related to the following:

a) Any non-electronic type of storage or archiving device, equipment or system, including but not limited to, printed files, archive and data rooms, etc.

b) Any electronic type of storage or archiving device, equipment or system, including but not limited to, flash drives, hard drives or any other type of local or cloud-based media and driver.

c) Any type of communication device, equipment or system, including but not limited to, mail, e-mail, SMS and others.

d) Any type of information technology device, equipment or system, including but not limited to, software or hardware, mobile, desktop or web application, file, email or web server, backup system.

11. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, FlowQ's total liability is not exceed one hundred Turkish Liras.

 

12. SUSPENSION

12.1. FlowQ reserves the right to suspend or terminate, in whole or in part, its activities, Application, and/or Services under this Agreement at any time and for any duration without prior notice to the User.

12.2. The User agrees that the data processed during this period will not be deleted.

 

13. VALIDITY OF RECORDS

The user acknowledges that in case of any disputes arising from this Agreement, FlowQ's electronic and system records, commercial records, ledger records, and computer records kept on its own databases and servers shall constitute valid, conclusive, and exclusive evidence and that this provision is deemed to be a proof agreement in the sense of Article 193 of the Turkish Code of Civil Procedure.

 

14. BREACH OF CONTRACT

Save for the parties' legal rights, in case of a breach of the Agreement, the breaching party shall be responsible for and/or compensate the other party for any damages, losses, sanctions, third-party claims, litigation expenses, and attorney's fees incurred by the other party. Neither party shall be liable for indirect damages, loss of profits or opportunities, or reputational harm.

15. VALIDITY OF RECORDS

15.1. Each party has the right to terminate this Agreement by giving written notice to the other party at least 30 days in advance. Termination shall not have retroactive effect.

15.2. FlowQ can send the termination notice via an email to [email protected] . The User must provide the termination notice in writing. Any termination notice to be made under this Agreement shall be subject to this provision.

15.3. According to the Regulation on Procedures and Principles of Application to the Data Owner, the Applicant must include their name, surname, signature if the application is in writing, T.C. identification number (passport number if the applicant is a foreigner), residence or workplace address for notification, e-mail address for notification if available, telephone number, and information regarding the subject of the request.

 

16. NOTIFICATION

16.1. Without prejudice to other specific provisions of this Agreement, any notification under this Agreement shall be made in writing and by e-mail.

16.2. The Parties agree that notifications made to the old email addresses are deemed valid and considered delivered to them, unless the changes in their email addresses are notified to the other party in writing within 3 (three) days.

 

17. APPLICABLE LAW AND JURISDICTION

This Agreement shall be governed by and interpreted in accordance with Turkish Law. Istanbul Central Courts and Execution Offices shall have jurisdiction over any and all disputes arising in connection with this Agreement.

 

18. EFFECTIVE DATE AND SIGNATURE

18.1. The Agreement enter into force on the date on which the User gives electronic approval or starts using the Application or Services, whichever occurs first.

18.2. The Agreement consists of 18 articles and 1 appendix. In case of any conflict between the Agreement and its appendices, the provisions of the Agreement shall prevail. In case of any conflict between the versions of the Agreement in different languages, the Turkish version prevail.

Contact Information for Comments, Questions, and Requests:

Email: [email protected]

Address: Altunizade Kisikli Street 2, Floor: 3, Uskudar/Istanbul, Turkey.

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