Event Application (Smart Event Tracker) User Agreement

Parties

This User Agreement (hereinafter referred to as the “Agreement”) has been made upon mutual agreement between Securitas Güvenlik Hizmetleri A.Ş., a company which was incorporated in accordance with laws of the Republic of Türkiye and is in good standing, with its address at Ceyhun Atif Kansu Caddesi No:112/15 Balgat, Ankara/Türkiye or all Securities Companies operating abroad (hereinafter referred to as “Securitas”) and employees working with any capacity, especially administrative staff working as covered employees of Securitas (hereinafter referred to the “User”) for their use of Securitas Smart Activity application (hereinafter referred to as the “Mobile App”).



 

By logging in to the Mobile Application, the User agrees and declares that s/he has read the entire Agreement, understood its contents in its entirety and approved all its terms and conditions.

Definitions

As used in this Agreement:

Securitas, means all Securitas companies that operate and will operate as a Securitas group company; 

Content, means any information, files, pictures, figures, visual, literary and auditory images published, or made available in the Mobile App;

User, means all Securitas employees who will benefit from the Contents, applications and Service offered in the Mobile App by accepting the terms of the Agreement;

Service, means the services to be offered to the User by Securitas via the Mobile App;

Agreement, means this User Agreement;

Parties, means Securitas and the User;

Mobile App, means the application that can be accessed from the App Store and Google Play and where the scope of the services described under the Agreement is provided.

Data Protection Legislation, means Law No. 6698 on the Protection of Personal Data (hereinafter referred to as the "KVK Law") and the secondary legislation that takes its legal basis from it and the decisions of the Personal Data Protection Board (hereinafter referred to as the "PDP Board").

Subject and Scope of the Agreement

The subject of this Agreement is the regulation of Securitas TR's and Users' rights and obligations regarding all products, Content, and Services available in Securitas' Mobile Application operating in the private security, reception, building management, fire brigade, alarm monitoring, electronic security solutions sectors and to be offered to the User in the future, as well as the rights and obligations of the Users and the terms of utilization of these products and services. By accepting the provisions of this Agreement, the User accepts the conditions set forth by Securitas regarding the use, membership, tasks and services offered in the Mobile App, undertakes to act in accordance with these terms and agrees and declares that the information s/he will provide will be used in the provision of the Services offered in the Mobile Application.

Terms of Use of the Service

The Mobile App may be visited, viewed, and interacted with only for lawful purposes and in accordance with the application's intended use. Mobile App users may view the details of the events they participate in within their authorization, see the location of the event, and access the contact information of the person responsible for the event. 

The Mobile Application is in a structure that is constantly updated according to Technological developments and the needs of Securitas TR's employees.

Rights and Obligations of the Parties

Rights and Obligations of Securitas

Securitas reserves the right to amend, at its sole discretion, the Agreement unilaterally and at any time, without providing any reason and without further notification to the Users. Such amendments shall be effective from the date of publication in the Mobile App and shall be valid and binding upon the Parties. By continuing to use the Service in the Mobile App, Users are deemed to have accepted these amendments.

Securitas is free, though is not legally obliged, to provide or not to provide the Service, and is entitled, without prior notice, to require some additional conditions for the Service and Content offered in the Mobile App, to temporarily suspend and/or change the Services offered in the Mobile App, to stop it completely, to discontinue availability of, and delete all information, Services and Contents belonging to third parties or Users uploaded into the system. Securitas may exercise this right without giving any prior notice, and Securitas shall have no liability with regards to the same. The User is aware of, and acknowledges the same.

Securitas is not responsible and liable for checking the accuracy of the information and Content submitted by the User to Securitas or uploaded, modified or provided by them via the Mobile App, nor is Securitas liable for any damages that may arise due to the inaccuracy or incorrectness of such information and Content, and undertakes and guarantees that this information and Content is trustworthy, accurate and in compliance with the law.

Securitas is not responsible for the damages that have arisen and may arise if the changes and / or correction requests requested by Securitas from the User are not fulfilled within the specified period, and Securitas has the right to freeze or terminate the User's right to use the Mobile App.

Any links to third parties and other websites, files, Content and similar areas operated by third parties via the Mobile App is solely provided for informational and advertising purposes, and Securitas does not guarantee that sites to which such links are directed are secure, compliant with legislation and accurate. The accuracy, security, and regulatory compliance of information, Content, visual and auditory images produced and published by third parties are fully the responsibility of the individuals who conduct these acts and/or provide the Content to the Mobile App. Securitas does not undertake and guarantee the security, accuracy and legal compliance of the services and content provided by third parties.

Securitas does not guarantee and undertake that there are no viruses or similar harmful features in the files uploaded from the Mobile App, that the Mobile App will be error-free and uninterrupted and/or the results that can be expected from using the Service, and Securitas shall not be liable in any way whatsoever for any failure, error, deficiency, interruption, virus, delay in transfer, disruptions and delays arising from the organizations providing internet connection service and similar external factors, judicial and other competent official authority decisions and practices, including but not limited to damages and losses arising as a result of force majeure, third parties and transactions and actions of the Users of the Mobile App and other actions, information and visuals contained in this Mobile App.

When necessary, Securitas may limit or stop access to the service in case the operational security of the network is in danger, 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.

In order for Securitas to perform the service to be offered by this mobile app, different communication technologies (webchat, etc.) may also be provided through the suppliers to be determined by Securitas and the relevant information may again be shared with the suppliers who will provide this service. Securitas may, upon approval of the user, process the data requested for the use of the Mobile Application and required for registration, entered by the user (e-mail address, name and surname, phone number.) for the improvement of the services offered, the development of services, the introduction and information of new services, the provision of necessary information to the user in this context, contacting the user and fulfilling the obligations arising from the nature of the services offered. Securitas protects your confidential information and personal data in accordance with its Privacy Policy. You may get detailed information about the Privacy Policy at the following URL: https://www.securitas.com.tr/settings-page/kisisel-verilerin-korunmasi/gizlilik-politikasi/. 

In order to improve the User's online experience by remembering the User when the User visits the Mobile Application, personal data such as the hardware and software used through "Cookies", when and how the User accesses the application are also processed. 

Cookies used for this purpose:

Saves the User's Mobile App visit;

When the app is uninstalled, the visit data stored in the app is also deleted. By accepting this Agreement, the User accepts and undertakes that he / she has read the Disclaimer Error! Hyperlink reference not valid. regarding the use of the Event Application (Smart Event Tracker) and that he / she has been informed by Securitas in accordance with the Data Protection Legislation.



 

Rights and Obligations of the User

The User declares, accepts and undertakes that he/she will act in accordance with all the terms, rules and all applicable legislation contained in this Agreement, that he/she has read, understood and approved all the terms and rules specified in this Agreement, and that he/she declares, accepts and undertakes that the information he/she provides about himself/herself is correct while benefiting from the products or services in the Mobile App and performing any transaction related to the products, Content or Services. Securitas may not be held responsible for any damages arising from the incorrect or inaccurate information in question.

Securitas is not responsible for verifying the accuracy of the information provided by the User. All responsibility is with the User, and the User accepts, declares and undertakes that User shall indemnify Securitas for all damages incurred by Securitas, if any, due to the inaccuracy of this information in case of detection of the situation, and that Securitas will have the right to terminate this Agreement unilaterally and terminate the User's membership.

The User agrees and declares that the business relations with Securitas will be managed subject to information provided and that s/he will receive services based on this principle. The User agrees, declares and undertakes to submit the requested information in order to receive the Service.

The User agrees, declares and undertakes that s/he will provide all the information requested via the Mobile App in full and correctly, that all the transactions are performed exclusively and independently by him/her. The User undertakes that the contact information provided to Securitas is only his/her own and only contact information under his/her control, and that s/he actively uses these communication channels and will inform Securitas immediately in case of changes to this information. Otherwise, the User will be liable to indemnify Securitas for any material and moral damages that Securitas and third parties may suffer due to the fact that the contact information does not belong to him/her or that s/he does not actively use the communication channels.

By visiting and using the Mobile App, the User accepts, declares and undertakes not to violate the intellectual property rights specified thereunder, that he/she will not copy the pictures, texts, files, visual and audio images, icons, databases, title, business name, content and software, product, design, trademark, patent, logo, and any similar information, content, document and visuals belonging to Securitas and/or another third party in the Mobile Application, accepts, declares and undertakes that it will not reproduce, publish, change, translate into another language, store or subject to any processing, distribute, process, upload, display, destroy or use in any way, and that s/he will not use all or part of the Mobile App on another website without the permission of Securitas and will not link to the Mobile App without the written permission of Securitas, t will not compete directly and/or indirectly with Securitas, and that s/he will not use the Mobile App in any illegal and/or unauthorized manner.

The User is obliged to keep confidential the information such as the username and password that s/he uses to access the Mobile App. The right to use this information belongs exclusively to the User, and the User will not disclose this information to third parties in any way. The User is fully responsible for the consequences of the use of this information by a third party. Securitas is not obliged to identify the identities of the persons who make such irregular uses. The User accepts, declares and undertakes that s/he is responsible for the use of this information by a third party and its consequences, provided that the above-mentioned provisions are reserved, and that the transactions made through the use of this information are binding on him/her. If the User learns that his/her password has been compromised by others, he/she is obliged to inform Securitas immediately.

The User agrees that in cases where Securitas is obliged to disclose to the official authorities in accordance with the legal legislation, in the event that this information is requested by the official authorities in accordance with the procedure, the User shall be authorized to disclose the information obtained within the Mobile App to the official authorities and that User shall not be entitled to make any claims against Securitas under any name for this reason.

Intellectual Property, Copyrights

All rights regarding this Mobile App software, all registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, text, image, icon, information and method in the Mobile App are retained by Securitas and are under the protection of national and international law. Visiting the Mobile App or using the Services therein does not grant any rights to the User regarding such intellectual property rights. By visiting or using the Mobile Application, the User accepts, declares and undertakes not to violate the intellectual property rights mentioned herein. Securitas reserves all rights to all assets, in kind and personal rights, commercial information and know-how, including all kinds of material and intellectual property rights that it has through the Mobile App.

It is forbidden to reproduce, translate into another language, store or use the information contained in the Mobile Application in any way, including any processing. The information contained in the Mobile App may not be published, copied, presented and/or transferred in any way without the written permission of Securitas. The whole or part of the Mobile App may not be used on another website without the authorization and permission of Securitas. A link to the Mobile App may not be provided without the written permission of Securitas.

Users who use all registered or unregistered intellectual property rights such as design, image, database, file, title, business name, trademark, patent, logo, text, visual and audio image, icon, information and method, which are subject to copyright, in an unauthorized manner without express permission, may have their rights to access and/or use the Mobile App revoked, and all legal and administrative remedies may be taken in case such use is detected.

Liabilities

User accepts, declares, and undertakes that any civil, criminal or other liability in any transaction and action performed by the User on the Mobile App belongs to the User, that when using the Mobile App the User shall comply with the provisions of applicable laws and legislation, that the responsibility for any damages incurred by both Securitas and third parties due to reasons such as non-compliance with the provisions of the law and legislation, any transaction that imposes an unreasonable and disproportionately large load on the Mobile App infrastructure, unauthorized connection to the Mobile Application and unauthorized use of the Mobile App shall belong to the User, that s/he shall indemnify the damages and losses incurred by Securitas and third parties due to the unfair and unlawful use of the Mobile App, that he/she shall not make any request from Securitas due to these responsibilities, and that s/he shall immediately indemnify Securitas against any potential claims and damages that may be asserted against Securitas.

Securitas cannot be held responsible for any material, moral, legal, financial consequences that may arise due to any kind of use, including improper, unlawful or unlawful use of the Content and Services provided through the Mobile App, or for indirect damages, such as loss of earnings, as well as damages that may be incurred or suffered by third parties. In this context, in the event of any liability being imposed on Securitas, the Users who caused such liability agree, declare and undertake that they shall immediately indemnify Securitas for such damages.

Force Majeure

Neither Party shall be liable for late or incomplete performance or non-performance of any of their obligations under this Agreement in all cases deemed to be 'force majeure', including but not limited to cyber-attacks, pandemic natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions, which are beyond the reasonable control of the relevant party, unforeseeable and unavoidable events that cannot be avoided despite due diligence. In case of a Force Majeure event, no claim shall be made against Securitas for damages of any kind whatsoever.

Miscellaneous

Securitas does not have a legal relationship or partnership or affiliation with other persons and organizations in the external links (links) provided in the Mobile Application, and Securitas does not undertake the performance and reliability of these persons and organizations, nor such links imply that Securitas acts on their behalf, represents them, or is their business partner or nor authorizes them in any matter or acts on their behalf and account. Therefore, Securitas is not responsible for the acts and actions of the said person(s)/institutions. Any undertaking not directly given by Securitas is not binding upon Securitas. Securitas is not responsible for the information in the Mobile App or for information / information changes that are not reflected to Securitas by the user or third parties, or for viruses and other similar internet risks that the User's computer may encounter due to the use of the Mobile App. Securitas is not responsible in any way for any damages, including, but not limited to, damages, losses and expenses incurred directly or indirectly as a result of any malfunction, error, deficiency, interruption, delay in transportation, computer virus, line or system failure or force majeure during the use of the Mobile App. Securitas may cancel, modify or limit access to certain features and information in the Mobile App at any time without prior notice to any part of the Mobile App. Although Securitas has taken the virus protection measures in the Mobile App, it does not provide a guarantee in this regard. The User should take the necessary measures to protect against viruses.

Securitas may terminate this Agreement unilaterally and terminate the User's right to use this Mobile Application at any time without giving any reason, without any notification and without any obligation to pay compensation and with immediate effect.

“>Privacy policy” is an integral part of this Agreement and Users agree, declare and undertake that they have read, accepted and will comply with the provisions of this “Privacy Policy”, otherwise they know that they should not access this Mobile App, nor shall they visit and view the Mobile App or use it.

In case of violation of any of the provisions of this Agreement, Securitas may prevent the User from using the Mobile App and/or use any legal remedies against the User.

In any dispute arising from the use of the Mobile App and Service, Securitas' commercial records, books and records, log records, microfilm, microfiche and computer records kept in its own database, servers constitute conclusive and exclusive evidence.

Termination of the Agreement

This User Agreement shall remain in force and continue to give rise to the provisions and consequences between the parties as long as the User is a member of the Mobile App and as long as the business relationship continues.

If Users violate this Agreement, Securitas may terminate the Agreement unilaterally, in which case Users will be liable for damages incurred by Securitas due to termination.

Notification Addresses

The mobile phone number or e-mail address that users notify to Securitas is accepted as the phone number or e-mail address where the legal address will be requested for any notification to be made regarding this Agreement.

Unless the parties notify the other party within 3 (three) days of the change of their existing telephone numbers or e-mail addresses, they agree that requests to their old telephone numbers or e-mail addresses shall be valid and deemed to be made to them.

Applicable Law and Jurisdiction

Turkish Law shall apply in the implementation and interpretation of this Agreement and in the event of a dispute about or related to the Mobile App. Ankara Courts and Enforcement Offices have exclusive jurisdiction over the settlement of any disputes arising out of or that may arise from this Agreement.