TERMS OF USE and CONFIDENTIALITY AGREEMENT
1. PARTIES AND TERMS This "Agreement" covers the content, products and services (hereinafter referred to as "SERVICES") that are currently offered and will be offered in the future, such as the website www.sandu.app, which is a service of Sandu Yazılım Ve Ticaret A.Ş. (hereinafter referred to as "Sandu") and the "Sandu" application that can be accessed through Apple iTunes, App Store and Android. In the Agreement, terms such as user, you and customer shall refer to and represent ("User"). By accessing and using the Services, whether or not you are a Member, you agree to be bound by these Terms of Use. If you do not accept this agreement, please do not use our services. The terms and conditions to be added to this agreement may apply to services such as a specific event or promotion. In the event of such additional terms, the customer will be notified. The additional terms are added to the agreement for the purposes of the applicable services and are subject to this agreement. In the event of a dispute regarding the applicable services, the additional terms will be governed by the terms of this agreement. 2. SERVICES Sandu is an on-demand service application that allows customers to receive and schedule laundry, dry cleaning, ironing and home laundry services through the mobile application and website. After a reservation is made through the application, our Sandu Mobile Customer Representatives pick up and deliver the laundry. 2.1. OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS The services, including product content, photographs, videos, sound recordings, graphics and any software (including any files or photographs contained in or generated by the software or any data related to the software) are owned and controlled by Sandu. The services and materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret and Turkish law. By accessing and using our services, you agree to comply with all applicable intellectual property laws and the notices and restrictions contained in this agreement. No material from the services and applications may be copied, republished, uploaded, posted, transmitted, or distributed in any form or by any means, except for downloading or copying to a personal computer for non-commercial use. Modification or unauthorized use of the materials for any purpose is a violation of Sandu's trademark rights. 2.2. LICENSE Subject to your compliance with the Agreement, Sandu grants you a limited, non-exclusive, revocable and non-transferable license to access the applications and services from your personal device and to access any content or information on our services for your personal, non-commercial use solely in connection with your use of our services. All rights not expressly granted herein are reserved by Sandu and its licensors. 3. USE OF SERVICES 3.1. CUSTOMER REQUESTS AND USER ACCOUNTS In order to access and use most of our services, you must create your service account/membership and maintain your active account. In order to obtain an account, you represent and warrant that you are 18 years of age or older, and if you are under 18 years of age, you represent and warrant that you will use Sandu's platforms only with the consent of your parents or legal guardians. When you register for an account, Sandu will ask you to provide certain personal information, such as your first and last name, address, telephone number and email address. You agree to maintain the information in your account as accurate, complete and current as possible. If you fail to do so, you may not be able to use our services or log in to the System. You are responsible for all activities that occur under your account and are responsible for maintaining the confidentiality of your username and password. You may only have one account unless otherwise approved by Sandu. Our services are not intended for anyone under the age of 18. You may not authorize any third party to use your account and you may not allow anyone under the age of 18 to use your account unless accompanied by you. You may not transfer or assign your account to anyone else. By using our services, you agree to comply with all applicable laws and to use our services only in a lawful manner. In certain circumstances, Sandu or a third party (contractor) may require you to verify your identity when using our services, and you agree to limit your access if your identity cannot be verified. 3.2. INFORMATION AND PROMOTIONAL MESSAGES By opening your membership account, you agree to receive informational messages from our company. At any time, you can contact our company's e-mail address (info@sandu.app) and indicate that you do not wish to receive informational messages, and thus you agree that this request will affect your use of the service. 3.3. PAYMENT PROCESS As a payment infrastructure provider, Sandu works with payment intermediaries that are licensed by the BRSA (Banking Regulation and Supervision Agency) and are PCI DSS Level 1 certified, a security standard. For detailed information, please contact our call center. 3.4. PROMO CODES AND SPECIAL OFFERS Sandu may, at its sole discretion, generate promotional codes that may be converted into account credit/promotional code/gift voucher or other offers. You acknowledge and agree that promotional codes may be voided for any reason at any time without liability to Sandu, unless previously approved in writing by Sandu, in a lawful manner for the intended audience and purpose, without being reproduced, transferred, sold or made publicly available, are not cashable, and are void after the expiration date. Sandu reserves the right to reduce or deny promotional code opportunities or credits if Sandu determines that the use of promotional codes is illegal, improper or in violation of these terms and conditions. 3.5. MINIMUM ORDER PRICE The minimum order price is displayed in the Sandu app and may change from time to time. 3.6. NETWORK ACCESS AND DEVICES You are responsible for obtaining the network data necessary to use the services. Your wireless service provider's data and messaging rates and charges may apply if you use the services from a device that is not connected to a wireless network. You are responsible for obtaining any compatible hardware, devices or updates necessary to use the services and applications. Sandu does not guarantee that the services or applications will work on any or all devices or hardware. 3.7. DAMAGED OR LOST ITEMS Because we value your trust, it is our priority to take the best care of your garments. 3.8. DAMAGED ITEMS While we will do our best to prevent damage to your garments, we cannot guarantee against potential color loss or shrinkage of your garments. In addition, we cannot be responsible for deterioration due to small holes or tears in the garments we receive. If your invoiced garments/textiles are deemed damaged as a result of an independent investigation, Sandu will reimburse you up to 10 times the cost of cleaning the garments/textiles within 15 working days of you submitting your invoice to us. (If the up to 10 times amount is greater than your invoice amount, you will receive a gift card up to the amount of your invoice amount. If your invoice amount exceeds our coverage amount, your claim will be covered with a voucher up to 10 times the cost of cleaning) Damaged items must be reported to Sandu's e-mail address (info@sandu.app) and inspected by Sandu within 15 days of delivery of the order to you. 3.9. LOST ITEMS Lost items must be reported to the email address (info@sandu.app) within 7 days of delivery. All losses will be investigated on a case by case basis. Items will be considered lost if they are not found within 20 business days of notification of the loss. Any garment lost by Sandu will be reimbursed up to 10 times the cost of cleaning the garment within 15 working days of submission of the invoice. If the customer instructs our call center or mobile customer service representative to deliver your order to someone else or to leave it at their door (your voice recording will be received), the customer is fully responsible. 3.10. INVENTORY Sandu has the right to keep records of your garments, including photographs or images of your garments. Sandu may link your information to these records for inventory, quality control, loss prevention or data collection purposes. 3.11. USER CONTENT AND INTERACTIVE SOLUTIONS Sandu may offer interactive solutions such as user ratings, feedback, comments and recorded notes to enhance the user experience. In short, the term "User Content" includes any information, comments, ratings, feedback or other materials, e-mails sent, and any information, comments, ratings, feedback or other materials that you create and share. In addition, by sharing user content, you are deemed to have granted Sandu a transferable copyright, standard and special copyright, worldwide copyright and the right to use, copy, print, display, publish, modify, delete and make available to the public, translate and produce similar works in all types of publications and media, with the persons and institutions involved in the proper provision of the Service. By sending this user content to Sandu, you agree that you do not expect any material or moral compensation, warning or notification. 3.12. ILLEGAL AND UNAUTHORIZED USE By using the Sandu services, you agree and undertake that you will not use the Sandu services for any illegal purpose or in any situation not permitted by this agreement. In addition, you agree and undertake that the manner and purpose of your use of the services will not in any way use the Sandu services and any services related to Sandu in a way that may be detrimental to or harmful to Sandu. Sandu reserves the right to monitor and audit all its services on an ongoing basis. 3.13. BREACHES OF AGREEMENT Sandu reserves the right at any time to deny access to the sandu.app application to any person, institution or internet address that it may designate. 4. CONFIDENTIALITY AGREEMENT This document describes Sandu's policy regarding the personal information of customers who use the application. 4.1. INFORMATION REQUESTED BY SANDU Sandu collects the following information: * Identifying information (name, last name, mobile phone number, e-mail address). * Operating system version information about the mobile device you are using. * Location information obtained from the mobile device you are using. * Voting information and comments provided to the courier at the end of the order. * Comments submitted in the "Suggestions and Complaints" section within the application. 4.2. FOR WHAT PURPOSE DOES SANDU USE THIS INFORMATION? * To verify your identity (by sending a verification code to the cell phone number you provide). * To provide customer support and troubleshooting. * To notify you of service updates and bugs. * To notify you of promotions related to the application. * To allow the Mobile Customer Service Representative to call you in case he/she needs to confirm the order request and address. (Couriers who abuse this feature will be removed from our system.) 4.3. SHARING PERSONAL INFORMATION * Sandu will not sell, rent, market or otherwise transfer personal and/or traffic data or communications content without your express consent, unless required to do so by applicable law or order of competent authorities. * Sandu may disclose personal information in response to a lawful request by a governmental authority, to comply with the law, to act in accordance with our legal rights or to defend against legal claims, to protect Sandu's interests, to combat fraud and enforce our policies, or to protect the rights, property or safety of any person. 4.4. HOW DO WE STORE DATA? Your information is stored on our secure servers. You can access the application with the password you choose, and passwords are stored in our system in an irreversible encrypted form. It is your responsibility to keep your password safe and not to share it with anyone. However, we cannot guarantee that transmission of information over the public internet is 100% secure. We use an encrypted connection to protect your information, but any attacks on your internet connection during transmission are at your own risk. Once your information is on our servers, we take every precaution to protect it. 4.5. ACCESS TO YOUR INFORMATION AND UPDATES If you request a copy of the information we hold about you, we may provide it to you after the necessary security checks have been made. You can update some of your information on the application, or you can request an update by calling our customer service. 4.6. COOKIES AND INFORMATION STORED ON DEVICES We store session cookies on your device to help you use our service more quickly and effectively. If you prefer, you can prevent this information from being stored by changing your device settings. However, if you do so, you may not be able to use all the features of the Sandu Service. We reserve the right to change the Confidentiality Policy from time to time. If we make changes, you will be notified. This Confidentiality Policy document was last updated on October 1, 2023. 5. CLARIFICATION TEXT ON THE PROTECTION OF PERSONAL DATA Basic information regarding the protection of personal data provided to Sandu Yazılım ve Ticaret A.Ş. ("Sandu") is described below. Sandu provides the following statements for the attention of our customers and third parties who use our website and/or mobile applications in order to comply with the obligation to provide information pursuant to Article 10 of the Personal Data Protection Law No. 6698 ("PDPL"). Sandu reserves the right to update this Personal Data Protection Policy at any time in accordance with any changes that may be made to the legislation in force. 5.1. WHAT IS THE LEGAL BASIS FOR SANDU'S COLLECTION OF PERSONAL DATA? The use of our customers' personal data is regulated by various laws. First and foremost, the principles of personal data protection are determined by the PDPL. In addition, Law No. 6563 on the Regulation of Electronic Commerce also contains provisions on the protection of personal data. The Turkish Penal Code No. 5237 also provides criminal sanctions in some cases for the protection of personal data. On the other hand, data must be collected and used in order to fulfill our obligations under Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. 5.2. WHAT METHODS DOES SANDU USE TO COLLECT PERSONAL DATA? The data provided by our customers who make transactions on the www.sandu.app website or mobile applications is processed by Sandu in accordance with the consent of our customers and the provisions of the law. The www.sandu.app website owned by Sandu is a website that uses cookies. A cookie is a file made up mainly of letters and numbers that is stored in the internet browser or on the hard drive of the device in use, allowing it to be identified. In order to provide a better service to its visitors and within the framework of its legal obligations, www.sandu.app will collect, process, share with third parties and securely store your browsing information, provided that it is not used outside the purposes and scope specified in this statement on the Protection of Personal Data. www.sandu.app stores the information it collects through cookies, log files, empty gif files and/or third party sources to create a summary of your preferences. www.sandu.app may track your browsing information and/or usage history on the website in order to provide you with special promotions, advertising and marketing offers, to improve the content of the website or mobile application according to you, and/or to determine your preferences. www.sandu.app may match information collected from you on the website through different methods or at different times, such as information collected online and offline, and may use this information together with information from other sources, such as third parties. www.sandu.app uses session and persistent cookies in its mobile application. The session ID cookie expires when you close your browser. The persistent cookie remains on your hard drive for a long time. You can remove persistent cookies and decline both session and persistent cookies by following the instructions in your internet browser's "help" file or by visiting "www.allaboutcookies.org" or "www.youronlinechoices.eu". If you choose to decline persistent or session cookies, you may still be able to use the website, mobile application, but you may not be able to access all of the features of the website, mobile application, or your access may be limited. 5.3. HOW ARE WEBSITE COOKIES USED? www.sandu.app uses cookies to remember your preferences and personalize your use of the website/mobile application. This use includes cookies that store your password and keep your website/mobile application session open, saving you the hassle of re-entering your password each time you visit, and cookies that remember and recognize you on your subsequent visits to the website/mobile application. www.sandu.app uses cookies to determine how you use the website/mobile application, including tracking how you use the website/mobile application, such as where you connect to the website/mobile application, what content you view on the website/mobile application, and the duration of your visit. Cookies on the www.sandu.app website are used for advertising/promotional purposes to provide content and advertisements that are more relevant to your interests and you. In this way, when you use the website, mobile application, it offers you more relevant content, personalized campaigns and products, and does not offer you content or opportunities that you have previously indicated that you do not want. 5.4. HOW DOES THE WEBSITE USE THIRD-PARTY COOKIES FOR ADVERTISING AND RETARGETING? www.sandu.app may also use cookies to enable "ad serving technology" to provide you with advertisements it thinks may be of interest to you when you visit search engines, the website, the mobile application and/or websites advertised by the website. The advertising technology uses information about your previous visits to the website/mobile application and the websites/mobile applications advertised by the website to provide you with customized advertisements. In serving these advertisements, a unique third-party cookie may be placed on your browser so that the website can recognize you. You can remove persistent cookies and decline both session cookies and persistent cookies by following the instructions in your internet browser's "help" file or by visiting "www.allaboutcookies.org" or "www.youronlinechoices.eu". If you choose to decline persistent or session cookies, you may still be able to use the website, mobile application, but you may not be able to access all of the features of the website, mobile application, or your access may be limited. 5.5. WHAT DOES SANDU USE PERSONAL DATA FOR? Sandu may collect, store, update, disclose to third parties, transfer, classify and process your personal data where and to the extent permitted by law. Your personal data will be used for the following purposes: To verify the identity information of the person conducting the transaction through the website/mobile applications, To record the address and other necessary contact information, To communicate with our customers regarding the conditions, current status and updates of the contracts we have concluded under the Distance Selling Contract and the relevant articles of the Consumer Protection Act and to provide the necessary information, To organize all records and documents that will be the basis of the transaction in electronic (internet/mobile, etc.) or paper environment, To comply with the obligations arising from the Distance Selling Contract and the contracts concluded by us in accordance with the relevant articles of the Consumer Protection Act, To be able to provide information to public authorities on matters of public security upon request and in accordance with the law, To be able to inform our customers about our products that may be of interest to them, to communicate promotions, "taking into account the areas of interest that our customers inform us of", To recognize our customers who purchase from the website and/or mobile applications and to use them in the analysis of the customer environment, to use them in various marketing and advertising activities and to organize surveys in the electronic and/or physical environment through contracted organizations in order to ensure customer satisfaction in this context, To provide our customers with suggestions from our contracted institutions and solution partners and to inform our customers about our services, To evaluate customer complaints and suggestions regarding our services, To fulfill our legal obligations and exercise our rights under applicable laws, 5.6. SANDUHOW DOES SANDU PROTECT YOUR PERSONAL DATA? Personal data provided to Sandu is under the supervision and control of Sandu. Sandu has assumed the responsibility, as data controller, to establish the necessary organization and to adopt and adapt technical measures to protect the confidentiality and integrity of the information in accordance with the provisions of the relevant legislation in force. Aware of our obligation in this regard, we periodically conduct penetration tests in accordance with international and national technical standards on data confidentiality, and we would like to inform you that we are constantly updating our data processing policy in this regard. 5.7. DOES SANDU SHARE YOUR PERSONAL DATA? The sharing of our customers' personal data with third parties is done with the customers' consent and, as a general rule, personal data is not shared with third parties without our customers' consent. However, personal data will be disclosed to courts and other public authorities in accordance with and limited to our legal obligations. In addition, personal data is transferred to contracted third parties in order to provide the services we undertake and to carry out quality control of the services provided. Necessary technical and legal measures are taken to prevent violations of rights during the transfer of data to third parties. However, Sandu is not responsible for the confidentiality policy of the third party receiving the personal data and for any breaches that may occur in the area of risk under the responsibility of the third party. Your personal data may be transferred to Sandu's shareholders, our direct/indirect national/foreign subsidiaries, program partner institutions and organizations with which we cooperate to carry out our activities, national/foreign persons and institutions from which we receive data storage services in the cloud environment, and national/foreign organizations with which we have an agreement to send commercial electronic messages to our customers, It may be shared with Interbank Card Center, the banks with which we have an agreement and various agencies, advertising companies and survey companies in Türkiye and abroad and other third parties in Türkiye and abroad as part of various marketing activities in order to provide you with better service and ensure customer satisfaction. 5.8. WHAT ARE YOUR RIGHTS UNDER THE PERSONAL DATA PROTECTION ACT? We remind you that under the PDPL, you have the following rights with respect to your personal data: 5.8.a. To find out whether it is being processed or not, 5.8.b. To request information if it is being processed 5.8.c. To know the purpose of the processing and whether it is being carried out for that purpose, 5.8.d. To know the third parties to whom it is communicated in the country / abroad, 5.8.e. To request the rectification of incomplete/incorrectly processed data, To request the erasure/destruction of the data under the conditions set forth in article 7 of the PDPL, To request notification of the operations carried out in accordance with letters d) and e) above to the third parties to whom it has been disclosed, To object to the occurrence of a result to your detriment due to an analysis carried out exclusively by automated systems, To request compensation in the event that you suffer damage as a result of processing in violation of the PDPL. 5.9. HOW CAN I BE NOTIFIED OF CHANGES IN THE LAW REGARDING PERSONAL DATA? The rights you have under the PDPL are Sandu's obligations. We would like to inform you that we process your personal data with this awareness and to the extent required by law, that in case of legal changes we will update this information on our website in accordance with the new legislation, and that you can always easily follow the updates made on this website. 5.10. HOW CAN I BE SURE THAT THE DATA IS UP-TO-DATE AND ACCURATE? According to article 4 of the PDPL, Sandu is obliged to keep your personal data accurate and up to date. In this context, our customers are required to provide Sandu with accurate and up-to-date data in order for Sandu to fulfill its obligations under applicable law. If your data changes in any way, we kindly ask you to update your data by contacting us through the communication channels listed below. 5.11. WOULD YOU LIKE TO ASK SANDU A QUESTION ABOUT YOUR PERSONAL DATA? As a data owner, you may send your requests regarding your rights under the PDPL by email to info@sandu.app. If you, as the data owner, submit your requests regarding your rights to Sandu, Sandu will process your request free of charge within 30 (thirty) days at the latest. However, if a fee is required by the Personal Data Protection Board, the fee may be requested at the rate set by Sandu. You may contact us at info@sandu.app with any questions or comments regarding your personal data.