FLOWQ USER AGREEMENT

 

INTRODUCTION

 

PLEASE READ THE TERMS HERE CAREFULLY. THIS IS A BINDING CONTRACT.

 

Welcome to the website “flowq.com” owned by FlowQ and software applications provided by FlowQ!

 

You agree that by accessing to and/or getting benefit from and/or using the Application and the Services defined below, you accept that you have read and agreed all provisions of this Agreement and its attachments and you are entering into this FlowQ User Agreement between you as the “User” (you will be referred in this Agreement as the “User” or “you”) and FlowQ.  If you do not agree to any provision of this Agreement, do not access or otherwise use or get benefit from any of the Application and/or Services.

 

FlowQ promises to respect your rights and privacy regarding your personal data in accordance with the law.  By entering into this Agreement, you agree that your personal data may be processed, stored and transferred into any location in Turkey and/or abroad in accordance with this Agreement. If you do not agree any terms of this Agreement, please do not use any Application and/or Services.

 

Please read the Informative Text and Article 6 in this Agreement in order to learn more regarding the processing of your personal data and your rights in this subject.

 

ARTICLE 1. PARTIES

 

This agreement and its attachments (Annex-1: Informative Text) (this FlowQ User Agreement and all its attachments are together referred to as the “Agreement“)  have become effective by mutual agreement between (1) you, who become a party to this Agreement by accessing, using or getting benefit from the Application and/or Services (hereinafter referred to as “you” or the “User”), and (2) “FlowQ Yetenek Yönetim Sistemleri A.Ş.” whose legal residence is at “Altunizade Mah. Mahir İz Cad. 30B Kat 3 Üsküdar/İstanbul/Türkiye” who is registered to Istanbul Trade Registry with registration No: 102687/5 and whose web site is located at “www.flowq.com” (hereinafter referred to as “FlowQ” or “FlowQ Company”).

 

ARTICLE 2. DEFINITIONS

 

2.1. In the Agreement the following expressions shall have the following meanings, whereas other expressions and terms are defined elsewhere in the Agreement. Unless the context otherwise requires, words denoting the singular shall include the plural and vice versa and references to any gender shall include all other genders.

 

  1. “Application” means the software called “FlowQ” which is made available by FlowQ Company on the web site “flowq.com” and all other products created and/or will be created with the name of “FlowQ” by FlowQ Company, including mobile and/or desktop and/or web applications.

 

  1. “Services” means all services provided via Application.

 

  1. “Personal Data” means any kind of data related to the User provided by the User to FlowQ by using the Application and/or Services.

 

  1. “User Content” means the answers of the User to the questions on the Application and any other content created by the User using the Services and Application.

 

  1. “System Access Tools” means secret information and tools which are private to the User and which has be only within the User’s knowledge, and which are required to access to the account management page of the User, to Forms and to the Application, such as user name, code, keyword, password, links to web or links to mobile application sent via Communication Channels.

 

  1. “Third-Party Employer” means third parties receiving services of collection, processing, evaluation, assessment of Personal Data of the User and receiving outputs and reports created using such data and assessments.

 

ArtIcle 3: Subject, Scope aND PURPOSE

 

3.1. The Agreement is mainly on the subject of the rights and obligations of the parties regarding the User’s access to, usage of and getting benefit from the Application and/or the Services.

 

3.2. The main purpose of the Agreement is the evaluation and assessment of the User’s Personal Data by FlowQ for the recruitment processes of Third-Party Employers. For this main purpose, the User authorizes FlowQ to process, store, transfer, evaluate, assess and use his Personal Data and User Content under the terms of the Agreement, and, permit, enable and authorize FlowQ (1) to disclose and transfer his Personal Data and User Content to the Third-Party Employers, (2) to create reports and outputs (hereinafter referred to as the “Report”) using and processing his Personal Data and User Content, (3) to give the Reports to Third-Party Employers. FlowQ provides Third-Party Employer with such service to help him improve the effectiveness of his recruitment processes.

 

3.3. FlowQ shall not take any decisive role in the assessment for recruitment process of the User by any Third-Party Employer.

 

3.4. Neither of the Parties shall be obliged to make any kind of payment to the other Party under the Agreement in any name and for any reason whatsoever, except damages arising out of the breach of the Agreement.

 

3.5. FlowQ shall not be obliged to provide the User with any goods and/or services whatsoever under the Agreement.

 

ARTICLE 4. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

4.1. The User may not use the Application and/or Services any other purpose stated in the Agreement or for any unlawful purpose. The User promises and guarantees that he/she shall not violate the terms of the Agreement, any regulations and laws, and any rights of FlowQ’s and any rights of third parties, with regard to any of his actions and transactions within the scope of the Agreement or related to the Agreement. The User promises and guarantees to exclusively and completely take any legal and/or penal responsibility arising out of any such violations.

 

4.2. The User is legally obligated to keep the System Access Tools as secret and confidential. The authorization to use the System Access Tools exclusively belongs to the User. The User shall not disclose the System Access Tools to any third party. FlowQ shall not be obligated to identify the identities of the person(s) who make(s) any unauthorized use. Without prejudice to the conditions mentioned above, the User represents, warrants, and agrees that (1) the User himself shall be fully and exclusively responsible from any results and consequences arising out of the use of the System Access Tools by a third party, (2) any action and transaction made by using the System Access Tools is binding on the User. The User is obliged to immediately notify FlowQ and any related Third-Party Employer if the User becomes aware that the System Access Tools of the User have been exposed to a third party.

 

4.3. The User accepts and undertakes that Personal Data and User Information provided by the User within the Application shall be accurate, actual and lawful. FlowQ shall not be obligated to research, control and/or verify the integrity, accuracy, security or lawfulness of the Personal Data and User Information. FlowQ shall not be responsible for any damages or consequences arising out of the inaccuracy or unlawfulness of the Personal Data and User Information.

 

4.4. The User represents, warrants and undertakes that any and all actions and transactions, which can only be made within the sections of the Application restricted only to the access of the User, are deemed to be exclusively and independently performed by the User himself. The User undertakes that the Communication Channels given by the User to FlowQ are under the sole and exclusive responsibility and control of the User and the User is and shall be actively using such Communication Channels.

 

4.5. FlowQ shall not take any responsibility for the content published by the User or by any third party on the Application or on any third-party web site linked from the Application. Accuracy and/or lawfulness of any information, content, audial and visual image provided and/or published by any third party shall be completely and exclusively in the responsibility of that third party who conducts such actions. FlowQ shall not in any way gives any kind of warranty or guarantee either express or implied, or undertakes the accuracy, security and lawfulness of the contents and services provided by third parties.

 

4.6. The User and FlowQ are parties independent from each other. The acceptance and application of this Agreement shall not be construed as creating a partnership between the parties or establishing a relationship such as agency or representation or proxy or employer-employee relationship between the parties.

 

4.7. The User accepts, represents, warrants and undertakes that (1) any message sent by the User by means of the Application shall not contain any element breaching the law and/or contrary to moral values, (2) the User shall not perform any communication via e-mails sent by the User in a way that might be disturbing or unwanted for third parties or that might be perceived by third parties as spamming, (3) any communication carried out by the User in violation of this provision shall be in the sole and exclusive responsibility of the User.

 

4.8. The User agrees that he allows and expressly authorize FlowQ to communicate with the User by means of electronic communication tools such as push notification, e-mail and SMS.

 

4.9.  FlowQ reserves its rights (1) to modify the Services and/or Application anytime, at its sole and absolute discretion, without giving any notice, (2) to block the access of the User and of third parties to the Personal Data and to the User Content, (3) to delete the Personal Data and to the User Content. FlowQ may use and execute said rights without sending any notification and without granting any time or grace period. If the User does not fulfill FlowQ’s requests from the User regarding modification and/or correction of the Personal Data and the User Content within a period of time granted by FlowQ, (1) The User shall be fully responsible from any consequences, (2) FlowQ may suspend or terminate the User’s right of use of the Application and/or Services.

 

4.11. FlowQ does not give any guarantee that the Application and/or Services shall be active and accessible without any interruption.

 

4.12. FlowQ may restrict access to the Application and Services or stop the access to the Application and Services whenever FlowQ considers at FlowQ's sole discretion that (1) the security in the communication on the network is in danger, (2) it is necessary to maintain the continuity/persistence of the access to the network, (3) it is necessary (3-a) to prevent malfunctions or failures on the network, software or saved files, (3-b) to prevent any possible failure or interruption, (3-c) to weaken the effects of any possible failure or interruption, (4) it is necessary for any other reason.

 

4.13. The User agrees that FlowQ has full power and authority and absolute and exclusive discretion in the selection, determination and application of the methods, criteria and tools (the “Method”) used for the creation, modification and processing of the Reports. FlowQ promises that the Method shall be (1) objective, (2) not contrary to the scientific methods, (3) prepared in good faith. The User agrees in a most definite way that he shall not have any right to object to the Report, demand assessment over again or claim any damages regarding the Report or the Method. The User agrees that the Method is a commercial secret of FlowQ. The User firmly agrees and undertakes that he may and shall never (1) request disclosure of such commercial secret to anyone, including to the User, to juridical or administrative authorities or to any third party, (2) directly or indirectly cause any such disclosure in any way.

 

5. CONFIDENTIALITY

 

5.1. Any and all information, including Personal Data and the User Content, which have been disclosed by any Party to the other Party under this Agreement shall be deemed as confidential information and may not be disclosed for any reason and in any way whatsoever, with the following exceptions:

 

  1. In case the law requires the disclosure of confidential information.

  2. Any disclosure by a party to a juridical or administrative authority to protect his rights and interests

  3. Any disclosure to a Third-Party Employer by FlowQ as per the Agreement

  4. Any necessary disclosure by any Party to his lawyers and/or financial advisors working under the obligation of confidentiality

  5. Where a Party receives a service (e.g. hosting, e-mail, IT, backup, security services) from a third-party service provider for the operation of that Party or for the performance of the Agreement, and, because of such service, where confidential information become accessible to such third-party service providers, as long as such third-party service providers operate under the obligation of confidentiality

 

5.2. This provision shall be deemed valid as long as it is in accordance with the regulations of laws of protection of personal data. This provision shall be applied in accordance with such laws and regulations.

 

6. PERSONAL DATA

 

6.1. The User agrees to the following and gives his express consent and approval in advance to the following:

 

  1. The User shall provide his Personal Data and the User Content to FlowQ by using the Application and/or Services and/or by accessing them and/or by getting benefit from them.

  2. The User guarantees that Personal Data and the User Content given by himself shall be of his own, related to himself, true and actual.

  3. The User guarantees that by giving Personal Data and the User Content under this Agreement he/she does not infringe the law or the rights of third-parties.

  4. The Personal Data and the User Content provided by the User under the Agreement may be processed, stored and transferred to any location in Turkey or abroad by FlowQ.

  5. FlowQ may use the Personal Data and the User Content given by the User under the Agreement. Such usage must be for the purposes of the Agreement and within the scope stated in the Informative Text, e.g. FlowQ may disclose such Personal Data and the User Content to Third-Party Employers.

  6. The User agrees that the User Content shall not be defined as personal data as per the Agreement and as per the law regarding the protection of personal data.

 

6.2. FlowQ agrees to abide by the laws and regulations regarding protection of Personal Data.

 

6.3. FlowQ shall not give any commitment express or implied to the User regarding Personal Data and User Content, except abiding by this Agreement and abiding by any laws and regulations regarding protection of personal data. For the avoidance of doubt, FlowQ at any time and in its sole and absolute discretion may (1) destroy Personal Data and User Content, or, (2) stop the processing of Personal Data and User Content, or, (3) do not use or process Personal Data and User Content at all.

 

6.4. Informative Text regarding Personal Data (“Informative Text”) is an attachment of this Agreement and a part of this Agreement.

 

6.5. In case of a third party -including any Third-Party Employer- enters the User’s name, e-mail address or any other Personal Data to the Application or Services as an input, such Personal Data may be subject to processing, storage and transfer to any location in Turkey or in abroad. The User firmly agrees that there shall be not any responsibility or liability of FlowQ in such cases and any responsibility and liability shall be borne by the third-party who entered Personal Data to the Application and/or Services.

 

6.6. The User may not request, claim or demand any payment from FlowQ in any name and for any reason whatsoever under the Agreement. The User may not file any claim or demand any payment or damages for the usage of his Personal Data and/or the User Content according to this Agreement.

 

6.7. Unless destruction is expressly requested in writing via notary by the User in accordance with the Agreement, its attachments and in accordance with applicable law regarding protection of personal data, FlowQ shall not be obliged to destroy Personal Data in case the Agreement ends for any reason including termination or expiration of the term of the Agreement.

 

6.8. The User authorizes FlowQ (1) to provide services using the Personal Data and User Content to any Third Party Employer, (2) to provide and disclose Personal Data and User Content to any Third-Party Employer, (3) to create Reports using the Methods and to provide Reports based on the Personal Data and the User Content to any Third-Party Employer. FlowQ shall not be subject to any restrictions or limitations regarding the scope of Third-Party Employers in Turkey and/or abroad, as long as FlowQ acts -to the best of its knowledge- according to (1) the purposes of this Agreement, and, (2) the law.

 

7. INTELLECTUAL PROPERTY RIGHTS

 

7.1. The Application, the Services, and any part, component and element of the Application and/or Services (including but not limited to, general appearance, design, text, image, logo, icon, demonstration, technical data provided in text or electronic ways or readable via graphic or by means of a machine, trademark and brand of FlowQ, applied method of business and model of business, code of software and any other code, know-how) and all rights and especially intellectual property rights of the Application and its parts, components and elements are fully, solely and exclusively owned by FlowQ and/or are used by the intellectual property right or license obtained from a third party.

 

7.2. Unless otherwise expressly stated in writing by FlowQ, by agreeing to the Agreement you are granted a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (i.e. a personal and limited right) to access and use the Application and Services as per the Agreement and for your personal use only. This Agreements does not grant any other intellectual property right or license to the User. FlowQ may suspend, revoke, cancel or terminate this license at any time in its sole and absolute discretion. FlowQ reserves all rights of Application and Services save for the license granted to the User in this provision.

 

7.3. Unless expressly permitted in writing by FlowQ and save for the User’s license to use of the Application and/or Services according to the Agreement, the Application and Services and any part and component of the Application and/or Services may not be processed, modified, copied, reproduced, transferred, transformed to another license, republished, sold, resold, distributed, exhibited, used in any way out of the scope of the Agreement or used to make or prepare derivative works and may not be used by reverse-engineering. If this provision is violated, the User and other responsible person(s) is any shall be jointly obliged to indemnify and compensate FlowQ for any damages suffered by FlowQ and for any claim and damages demanded from FlowQ by third parties including licensors. Damages which shall be compensated by such persons include without limitation attorney fees, litigation costs and expenses.

 

7.4. The User grants FlowQ and Third-Party Employers sublicensed by FlowQ, for the maximum duration permitted by applicable law a restricted, worldwide, revocable, fully sub-licenseable, nonexclusive, and royalty-free right (license) on the Personal Data and the User Content to use the Personal Data and the User Content for the purpose of this Agreement.

 

8. AMENDMENTS OF THE AGREEMENT

 

FlowQ may unilaterally amend the Agreement and its attachments at any time at FlowQ’s sole and absolute discretion. Any amendment shall be declared on flowq.com and/or on the Application. Any amendment shall be effective upon its declaration. The User agrees that all of such amendments shall be binding on the User. The User agrees that he weekly check the current version of the Agreement and its attachments. Upon any amendment, the User has the right to terminate the Agreement by sending FlowQ a notice of termination in a period of 14 days beginning on the date of amendment.

 

9. FORCE MAJEURE

 

9.1. Force Majeure events are any event beyond the reasonable control of the affected party and preventing the due contractual performance of the affected party. Force majeure events include without limitation acts of God, fire, flood, acts of terror, war, strike, lockout, any interruptions in telecommunications or utility services, failure, malfunction or error of any telecommunications, computer or other electrical, mechanical or technological application, software, hardware, service or system, malware, hacker attack, interruptions in electric or internet service.

 

9.2. Neither party shall be deemed to be in breach of the Agreement or otherwise liable to the other party for any delay in or non-performance of its obligations under the Agreement if and to the extent that the delay or non-performance is due to a Force Majeure event.

 

10. TECHNICAL PROBLEMS

 

10.1. To the fullest extent permitted by applicable law, in no event shall FlowQ be responsible and/or liable for any kind of (1) violation of the Agreement and/or violation of the applicable law and/or violation of the rights of the User and (2) any kind of loss or damages or modification or disclosure or unauthorized access of Personal Data and User Content because of any kind of technical problems (“Technical Problems”) affected FlowQ or affected any third-party providing goods and/or services to FlowQ.

 

10.2. Technical Problems include without limitation mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, malware, delays in operation or transmission or any failure of performance, software bugs, exploits, defects in hardware or software, disclosure, loss, modification, corruption of the Personal Data and User Content and any kind of unauthorized access.

 

10.3. The reasons of Technical Problems include without limitation any event of Force Majeure, communications failure, internet or electricity interruption or failure, theft, destruction or unauthorized access to data, records, programs or services, cyber-attack, any negligence of authorized personnel, negligence or willful misconduct of any third-party or the User.

 

10.4. Technical Problems include without limitation any problem in the following:

 

  1. Any kind of non-electronic archive and storage tool, device or system, including but not limited to, printed files, archive and data rooms, etc.

  2. Any kind of electronic archive and storage tool, device or system, including but not limited to, flash drive, hard drive, DVD or any other kind of media and drive in local or cloud storage.

  3. Any kind of communication tool, device or system, including but not limited to, mail, e-mail, SMS, etc.

  4. Any kind of information technology tool, device or system, including but not limited to software and hardware, mobile, web or desktop application, file, e-mail or web server, backup system.

 

11. LIMITATION OF LIABILITY

 

To the fullest extent permitted by applicable law, in no event shall the aggregate liability of FlowQ exceed one hundred Turkish Lira.

 

12. SUSPENSION

 

FlowQ may stop, suspend and continue the Application, Services and its operations within the scope of the Agreement at any time in its sole discretion without giving any notice to the User.

 

13. TERM OF THE AGREEEMENT

 

13.1. The term of the Agreement is 1 year. The term of the Agreement automatically and repetitively extends for the same time period unless a Party notifies the other Party otherwise in writing.

 

13.2. In case the User access or use or gets benefit from the Application or Services after the end of the Agreement, the Agreement establishes again.

 

14. VALIDITY OF THE RECORDS

 

The User agrees that any electronic or system records held in the database and servers, commercial records, ledger records, computer records of FlowQ shall be valid, binding, absolute and exclusive evidence in any dispute arising out of this Agreement and this provision shall be construed as in the nature of an agreement regarding evidence within the context of HMK Article 193.

 

15. VIOLATION OF THE AGREEMENT

 

Save the statutory rights of the parties, in case the Agreement is violated, violating party shall recover and/or reimburse for any loss or damage or sanction or third-party claim or lawsuit directed to or suffered by the other Party, including juridical expenses and attorney fees. Neither party shall be responsible from indirect damages, from loss of profit, loss of opportunity or loss of reputation.

 

16. TERMINATION OF THE AGREEEMENT

 

16.1. Either Party may terminate the Agreement at any time by giving a notice in writing 30 days prior to the termination date. Termination shall not be effective for the period before the termination date.

 

16.2. Notice of termination to the User may be sent by e-mail from “[email protected]”. Notice of termination to FlowQ must be sent both via e-mail and via a letter bearing the wet-signature of the User. Any notice of termination under the Agreement shall be as per this provision.

 

17. NOTIFICATION

 

17.1. Save any special provision in the Agreement, any notification under this Agreement must be made in writing and by e-mail.

 

17.2. Parties accept that in case a party neglects notifying any change in his e-mail address in 3 (three) days to the other party, neglecting party shall be deemed to have accepted that notifications sent to the neglecting party’s old e-mail address shall be valid and binding for the neglecting party.

 

18. APPLICABLE LAW AND COMPETENT JURISDICTION

 

The Agreement is governed by, and shall be construed in accordance with the laws of the Republic of Turkey. Any dispute arising out of or relating to this contract shall be settled by Istanbul Central Courts and Executions Offices.

 

19. EFFECTIVE DATE and SIGNATURE

 

19.1. The Agreement shall become mutually and immediately effective whichever is earlier: (1) At the time the User gives its approval electronically, or, (2) At the time the User begins using the Application or the Service.

 

19.2. This Agreement consists of 19 articles and 1 attachment. In case of any contradiction between this Agreement and its attachments, the provisions of this Agreement shall prevail. Turkish version of the Agreement prevails in case of confliction.

Our contact information for your comments, questions, and claims

E-mail: [email protected]

Address: Altunizade Mah. Mahir İz Cad. 30B Kat 3 Üsküdar/İstanbul

FlowQ Predictive Talent Analytics

Mahir Iz Cad. 30B 3rd Floor 

Altunizade İstanbul

Türkiye

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