S Virtual Home Tour 360

Information Notice on Protection and Processing of Personal Data

The purpose of this Information Notice on Protection and Processing of Personal Data ("Information Notice") is to fulfill the obligation of informing you, in the context of promotional activities related to the virtual tour technology service named S Virtual Home Tour 360 S VIRTUAL HOME TOUR 360 by Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret Anonim Şirketi ("Sahibinden" or "Our Company"), regarding the processing of personal data obtained from you, in accordance with Article 10 of the Law on the Protection of Personal Data No. 6698 ("Law").
Sahibinden continuously strives to innovate and provide better services to its users in the field of the internet by investing in technology and implementing innovative products and services. Sahibinden takes all necessary security measures to ensure the lawful collection, storage, and transfer of personal data, as well as to protect its confidentiality, aiming to deliver the best possible service.
Sahibinden reserves the right to update and revise this Information Notice at any time. Any updates and changes made by Sahibinden will become effective from the date they are presented to you.

A) Data Controller

In accordance with the Personal Data Protection Law, your personal data may be collected and processed by Sahibinden as the data controller within the scope described below.

B) Collected Personal Data

Sahibinden collects and processes the following personal data from you within the scope of promoting virtual tour technology services:

Identity Information: First and last name.
Contact Information: E-mail address.
Customer Information: Company name, correspondence and message content.
Audio Recordings: Call center voice recordings if a call center is used.

C) The purposes for which personal data will be processed are as follows

Your personal data, obtained based on Article 5 of the Law and detailed above, are processed in connection with the processing purposes specified below in accordance with the general principles set forth under Article 4 of the Law, in a relevant, limited, and proportionate manner.

• Within the scope of promoting virtual tour technology services, identity information, contact information, and customer information are processed for the following purposes:
  • Promotion of the VHT 360 virtual tour technology service, providing you with information regarding the service,
  • Conducting communication activities with you as part of promotional activities,
  • Providing product and service recommendations that are suitable for you and the sector,

• All the personal data mentioned above are processed for the following purposes within the scope of management and compliance activities:

• • Conducting data retention activities, improving system performance, and carrying out information security processes,
  • Ensuring that all the above-mentioned activities are carried out in compliance with current legislation,
  • Conducting risk analysis studies, audits, evaluations, and reporting,
  • Providing information to legally authorized institutions and organizations, tracking legal matters, and using our right to defense when necessary.

D) To Whom and for What Purposes Personal Data Being Processed May Be Transferred

Sahibinden transfers all personal data collected as described under this Information Notice to the following individuals and organizations within the framework of the personal data processing conditions specified in Articles 8 and 9 of the Law:

• All your personal data mentioned above are transferred to our external service providers located both domestically and abroad for the purpose of conducting storage activities and improving system performance and they are stored within the infrastructure of these service providers.
• Your personal data mentioned above may only be transferred to legally authorized private individuals and organizations and legally authorized public institutions including ministries, courts, enforcement offices, notaries, in the event of a legal obligation arising from current legislation, for the purposes of ensuring compliance with legal requirements, providing information to legally authorized institutions, and tracking legal matters, and using our right to defense when necessary.

E) Method of Collecting Personal Data and Legal Basis

All your personal data processed for the purposes mentioned above are obtained by Sahibinden via (i) online submission by you through website of www.S Virtual Home Tour 360.com website and (ii) in-person submission by you during face-to-face or online meetings, and/or via SMS, email, call center, and other communication means, both entirely or partially through automated and non-automated methods that are part of the data recording system.

The personal data collected by our company through the purposes and methods mentioned above may be processed and transferred based on the following legal grounds within the scope of Articles 5 and 6 of the Law.

• The personal data obtained within the scope of promoting virtual tour technology services and mentioned above are processed and transferred to the individuals and organizations mentioned above based on the legal ground of "establishment and performance of the contract".
• The personal data obtained within the scope of activities related to the improvement of our products and services are processed and transferred to the individuals and organizations mentioned above based on the legal ground of "the existence of our legitimate interest" and.
• The personal data processed for the purposes of conducting risk analysis studies, audits, evaluations, and reporting, as well as carrying out information security processes, are processed and transferred to the individuals and organizations mentioned above based on the legal grounds of "explicitly provided for by the laws," "fulfillment of our legal obligations," and "the existence of our legitimate interest".

• The personal data processed for the purposes of ensuring compliance with current legislation, providing information to legally authorized institutions, tracking legal matters, and using our right to defense when necessary are processed and transferred to the individuals and organizations mentioned above based on the legal grounds of "explicitly provided for by the laws," "fulfillment of our legal obligations," and "establishment, exercise, or protection of a right".

F) Rights of the Data Subject Regulated under Article 11 of Law No. 6698

As data subjects, if you wish to exercise your rights, you can submit your requests to Sahibinden through the methods outlined below. Sahibinden will respond to the request in the shortest time possible and in any case, within thirty days at the latest, depending on the nature of the request. No fee will be charged for the response up to ten pages. A processing fee of 1 Turkish Lira per page will be charged for each page exceeding ten pages. If the response is provided in a recording medium such as a CD or USB flash drive, Sahibinden may charge a fee that does not exceed the cost of the recording medium.
In this context, data subjects have the following rights:

• To learn whether their personal data is being processed or not.
• To request information if their personal data has been processed.
• To learn the purpose of the processing of personal data and whether they are used in accordance with that purpose.
• To know the third parties, whether domestic or foreign to whom personal data is transferred.
• To request the correction of personal data if it is incomplete or incorrect and to request that the process performed in this regard be notified to third parties to whom personal data has been transferred.
• To request the deletion or destruction of personal data if the reasons requiring their processing cease to exist, even if they have been processed in accordance with Law No. 6698 and other relevant laws, and to request that the process performed in this regard be notified to third parties to whom personal data has been transferred.
• To object to the occurrence of a result against the individual by analyzing the processed data exclusively through automated systems.
• In case personal data is processed unlawfully and results in damages, to request the compensation of the damages.

To exercise the rights mentioned above, in accordance with Article 5 of the Regulation on Procedures and Principles for Data Controllers' Application to the Data Controller, you can submit your request in Turkish to Sahibinden, acting as the data controller, in writing with identity-verifying information and documents to the address of Sahibinden in Değirmen Yolu Cad. No:28 Asia OfisPark A Blok Kat:2 34752 Ataşehir/Istanbul, Turkey. You can also send your request to [email protected] via registered electronic mail (KEP), or to [email protected] with a secure electronic signature, mobile signature, or by using the registered email address in the Sahibinden system, if applicable.
Sahibinden reserves the right to verify your identity in order to prevent the unlawful transfer of your personal data.
In your application, the following information and documents are mandatory:

• Your name, surname and if the application is in writing, your signature.
• For Turkish citizens, your T.C. identity number, and for foreigners, your nationality, passport number or any available identification number.
• Your primary residential or business address for notification purposes.
• If available, your primary email address, phone number, and fax number.
• The subject of your request.

Additionally, if applicable, any relevant information and documents related to your request should be attached to the application.

Terms and Conditions for Virtual Home Tour 360

The owner of this website is Sahibinden Bilgi Teknolojileri Pazarlama ve Ticaret A.Ş. (hereinafter referred to as "Sahibinden") located at "Değirmenyolu Cad. No:28 Asia OfisPark Binası A Blok Kat:2 İçerenköy, Ataşehir, İSTANBUL". The services relating to the software license of Virtual Home Tour 360 (hereinafter referred to as “Virtual Home Tour 360") are provided by "Sahibinden".

• Acceptance of Terms

By accessing or using the Virtual Home Tour 360, you agree to be bound by these terms and conditions (the “Terms”). If you do not agree to these Terms, please refrain from using the Virtual Home Tour 360 services.
The headings of each Term are intended to assist you in understanding the subject matter of the Terms. In order to protect your rights and interests, you are advised to read the specific clauses of each Term carefully. If you violate the clauses, Sahibinden reserves the right to close the account, terminate the service and delete the content at its sole discretion.

• License and Access

Virtual Home Tour 360 is made available to users under a non-exclusive, non-transferable, and revocable license. This license grants users the right to use the Virtual Home Tour 360 for personal or commercial purposes only in the Sahibinden.com platforms (i.e. mobile app/website), subject to compliance with these Terms.

• Universality

You acknowledge that you commit to being a natural person or an entity/organization with full capacity for civil conduct when you accept or use Virtual Home Tour 360. If you fail to have the aforementioned qualifications, you shall bear all legal consequences which may occur under the laws and regulations.
Sahibinden reserves the right to revise and update any of the Terms at any time in its sole discretion without prior notice to you and such changes come into force upon publication on the website. Therefore, you should visit our official websites or product pages periodically to learn about changes. If you do not agree to any change in the Terms, you should cease to use Virtual Home Tour 360.

• Restrictions

You should not engage in any of the following prohibited activities while using Virtual Home Tour 360. If you engage in any of the following prohibited activities, cause any third-party damage, you shall be solely liable and fully indemnify Sahibinden for any losses sustained by Sahibinden. Moreover, you further agree that Sahibinden shall have the right, in its sole discretion and without prior notice to you delete information content published by you, suspend, or terminate your license to use Virtual Home Tour 360 and the corresponding technical services, including but not limited to restrict, freeze or terminate your Virtual Home Tour 360 account.
Furthermore, you agree not to:

• Send, upload, make public, or transmit in any other way any unlawful, infringing, harmful, harassing, defamation, threat, hatred, discrimination, violence, fraud, vulgarity, pornography, objectionable images, words, or other illegal content under applicable laws, statutes, regulations, or any other regulatory orders to or through Virtual Home Tour 360,
• Attempt to “hack”, “crack”, decompile, disassemble, reverse engineer or modify or adapt the products or the Apps provided by Sahibinden or discover, download, or publish source code, bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Virtual Home Tour 360, or interfere with or impair the steady and safe operation of 360;
• Violate any applicable laws and regulations or use the Virtual Home Tour 360 for illegal or unauthorized purposes.
• Assist or permit any person to participate in the above activities.
• Share, distribute, or sublicense the Virtual Home Tour 360 without prior written consent from Sahibinden.

• No warranties and limitation of liability

5.1. Due to the foresight of the technology, the height of the shooting equipment, and the inevitable artificial errors, housing images, house structures, inner sizes and actually measured areas collected and generated by Sahibinden through the 3D reconstruction technology, as well as colors, textures, and sizes of 3D models of various spatial objects, may have a small deviation, or may not be fully consistent with your visual experience in person.
5.2. Unless otherwise specified in the separate agreement between you and Sahibinden, Virtual Home Tour 360 is provided "as is" without any form of warranty. To the extent permitted by the applicable laws, Sahibinden does not provide any warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Sahibinden does not warrant that functions on Virtual Home Tour 360 will be free of interference or error-free, that defects will be corrected, or that Virtual Home Tour 360 will be free of viruses or harmful ingredients. We make no statements or warranties as to the correctness, accuracy, reliability, attainable results, or other use or results of Virtual Home Tour 360. If the applicable laws do not permit the exclusion of implied warranties, this section may not apply to you.
5.3. As to losses due to the telecommunications system or the Internet failures, computer malfunctions, damages or loss of information arising from problems in the devices or computer system, viruses, or any force majeure, Sahibinden shall not assume any responsibility when you use software applications or other online services provided by Sahibinden. Still, Sahibinden will try to reduce the impact on you brought about by such losses.
5.4. To the extent permitted by the applicable laws, in no event, including, but not limited to, negligence, shall Sahibinden be liable for any consequential, exceptional, punitive, special, incidental, or other consequential damages, even if Sahibinden has been informed.

• Indemnity

Users themselves are responsible for their use of the Virtual Home Tour 360. Unless otherwise specified in the separate agreement between you and Sahibinden, you will indemnify, defend, and hold harmless Sahibinden, its officers, directors, senior executives, employees, and agents to protect them from any claim, demand, action, investigation, or other proceedings (including, but not limited to, all damages, losses, liabilities, judgments, rulings, costs and expenses brought by any third party for the following reasons:

• Your usage of Virtual Home Tour 360;
• You are in breach of any portion of the Terms, any representation, warranty, or contractual obligation set forth in the Terms; or
• Any information or material you submit to Sahibinden violates any applicable laws, or contracts with third parties or infringes the rights of any third parties, including but not limited to any intellectual property right or publicity, confidentiality, other property, or privacy protection right.

• Security

You shall not infringe or attempt to infringe the security of Virtual Home Tour 360, including, but not limited to, using unauthorized data or accessing unauthorized servers/accounts; accessing public computer networks or others' computer systems without permission and deleting, modifying or adding stored information; attempting to probe, scan, and test, without permission, vulnerabilities of Virtual Home Tour 360 system or network or other activities to undermine network security; attempting to interfere with or destroy the normal operation of Virtual Home Tour 360 system or website, intentionally spreading malicious programs or viruses and other behaviors of damaging or interfering with normal network information services; forging TCP/IP packet name or partial name; interfering with or attempting to interfere with, by using any device, software or routine, the normal operation of Virtual Home Tour 360 or any activity carried out through Virtual Home Tour 360; and taking any action that will result in an unreasonably large data load on network equipment of Virtual Home Tour 360.

• Intellectual property

All intellectual property rights related to the Virtual Home Tour 360, including copyrights, logos or service marks, trademarks, trade names, patents, and trade secrets, know-how, industrial design are the exclusive property of Sahibinden. You may not use, copy, download, reproduce, or distribute any Virtual Home Tour 360 content without explicit authorization.
Unless otherwise mandatory by applicable laws, no person may in any way, in whole or in part, illegally copy, disseminate, display, mirror, upload, download, reprint, quote, link, grab, or otherwise use the information or content of Virtual Home Tour 360 without further written permission of Sahibinden.

• Privacy

Your privacy is important to us. Sahibinden collects and processes data in accordance with our Privacy Policy, which can be accessed on our website.

• Termination

Given the specifics of Virtual Home Tour 360 services, you fully understand that Sahibinden reserves the right to refuse to provide the account, close the account, and suspend or terminate the service in its sole discretion unless otherwise specified in a separate agreement between you and Sahibinden. If required by any applicable law, Sahibinden will retain records of information transfer and other login use operations during your use of Virtual Home Tour 360. Where you violate the law or the Terms during your use of Virtual Home Tour 360, Sahibinden will retain records of such actions until you are actually held responsible.

• Governing Law and dispute resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law principles.
Limited to the objective technology circumstances, Sahibinden does not declare and warrant that Virtual Home Tour 360 is suitable or available anywhere else. Unless you enter into a separate agreement with Sahibinden, your choice to use Virtual Home Tour 360 from anywhere else is voluntary and you should ensure that your use of Virtual Home Tour 360 or use of Virtual Home Tour 360 to handle any business does not violate local laws.
If any provision of the Terms is held to be illegal, invalid, or unenforceable, that provision shall be deemed to be separate from the Terms and shall not affect the validity or enforceability of any other provisions. Any policy or guidance quoted in the terms is a part of the Terms and constitutes an entire agreement with the Terms.
By using the Virtual Home Tour 360, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.