End users who use (hereinafter “User” or “Users”) “OzU Mobile” (hereinafter “Mobile Application”) run by Özyeğin University in any form must read this End User Agreement before using the Mobile Application. Where a User declines the terms and conditions set forth in this End User Agreement, the use of the Mobile Application should be terminated immediately. The User using the Mobile Application or otherwise completing the personal information form shall be construed to have accepted and agreed to the terms and conditions of this Agreement.
Özyeğin University reserves the right to change, re-organize, or stop access to any type of services, products, terms and conditions, and information offered by the Mobile Product, without prior notice. Any changes takes effect in the Mobile Application on the date on which they are published. Özyeğin University recommends that Users should visit the legal warning page each time they access the Mobile Application. The terms and conditions therein also apply to the other linked websites.
For the purpose of this agreement, the following definitions shall have the following meaning ascribed to them.
2.1. Express consent: Refers to clear, informed consent expressed with free will regarding a specific issue,
2.2. Anonymization: Making it impossible to link any personal information to any identified or identifiable real persons under any circumstances even by matching it with other data.
2.3. Mobile Application/Application: The mobile application “OzU Mobile” refers to the University’s mobile application software which runs on all mobile devices with iOS or Android operating system, and the mobile platform on which all the contents and other notifications created for this software program will be posted.
2.4. User/Member: Refers to the persons who have signed up for the Mobile Application through the methods described hereunder, and accepted the terms and conditions in this agreement to use the product and services offered by the application.
2.5. System Access Tools: Refers to the user’s account management page and information which grants access to the application and is only known by the user,
such as username, password, code, passcodes.
2.6. Services: Refers to all actions and operations performed in order to enable users to receive the services described hereunder and listed in Article 6 while using the Mobile Application.
2.7. Communication Channels: Refers to all communication channels including push notification, e-mail, text message (SMS), notification by phone.
2.8. My Application Information Screen/Portal: Refers to the web page designated to the user which is only accessible by the username and password set by the user, where the user can complete the necessary actions in order to use the services offered by the application, or enter his/her personal information or the information required by the application.
2.9. Personal Data: Refers to any kinds of information relating to identified or identifiable real persons. All information that makes a person identifiable is recognized as personal data, and TR Identification Number, full name, email address, telephone number, address, date of birth, or bank account number are some of the examples of personal data.
2.10. The Processing of Personal Data: Refers to any operations performed upon personal data, such as collection, recording, storage, retention, alteration, re-organization, disclosure, transmission, dissemination or otherwise making available, classifying or blocking access wholly or partly by automatic means and otherwise as a part of data filing system.
The subject of this agreement is to set forth all the products and services which are currently available in the University’s Mobile Application or will be offered by Özyeğin University in the future, the terms and conditions to use these products and services, and the parties’ mutual rights and obligations under this agreement.
4.1. Users who wish to use the mobile application shall log in the mobile application with their OzU.net email accounts/usernames and passwords, which are issued by Özyeğin University.
4.2. Unless otherwise is stated, all services offered via the mobile application is freely available and open to all OzU.net users. The following situations may result in the User being blocked from the mobile application, without prejudice to the legal rights against the affiliated person(s).
4.2.1. Recording inaccurate, incomplete or misleading information, or immoral expressions which are not consistent with the generally accepted moral and ethical standards, or unlawful data which are in breach of the laws of the Republic of Turkey, into the Mobile Application,
4.2.2. Copying the Mobile Application content either wholly or in part without permission,
4.2.3. Compromising, attempting to compromise, or using software programs to compromise the security of the Mobile Application or otherwise interfering with, attempting to interfere with, or using software to interfere with the operation of software programs used within the Mobile Application, or exporting, deleting, or altering data available within the Mobile Application.
5.1.1. Users accept that they have read, understand, and agree to all of the term and conditions hereunder, and that they shall adhere to all of the terms and conditions hereunder and all of the effective legislations while fulfilling the usage procedures, or using the products and services offered by the Mobile Application, or performing any action pertaining the products and services offered by the Mobile Application.
5.1.2. Users accept that they shall compensate in kind any losses the University may incur as a result of or in connection with any breach of their obligations hereunder. The University has the right of recourse against the User for any and all compensations and/or administrative/legal fines it may have to pay to public institutions and/or third parties due to the User’s breach of the agreement.
5.1.3. The User agrees that the University is authorized to disclose the users’ confidential/personal/commercial information to official authorities, in a case where the University is liable with responding to the official authorities as per the effective compulsory legal provisions, and the official authorities duly request such information, and the User cannot claim any compensation under any name on the grounds of such a disclosure.
5.1.4. The User agrees that the University shall be authorized to disclose its members’ commercial information in order to provide the products and services hereunder and/or to its business partners with whom it has signed an agreement for this purpose, and the User shall not claim any compensation under any name on the grounds of such a disclosure.
5.1.5. The User is liable with keeping his/her system access tools which s/he uses to access the system (i.e. username, password passcode) confidential. The right to use the system access tools lies exclusively with the user. The user shall not disclose such information to any third parties under any circumstances. The User is held responsible for any and all consequences that may arise as a result of or in connection with unauthorized use of the system access tools by a third person. The University is not liable with identifying the person(s) responsible for such unauthorized use.
5.1.6. The user accepts, acknowledges, and guarantees that s/he is personally responsible for unauthorized use of such information by a third person and any consequences thereof, and that all actions performed using such information shall be binding on his/her part, without prejudice to the above mentioned provisions. The user is liable with notifying the University as soon as s/he has become aware that his/her password has been compromised.
5.1.7. The user accepts and guarantees that any information or contents s/he has provided within the Mobile Application is accurate and legal. The University is not liable or responsible for verifying or otherwise warranting or guaranteeing that any information or content the User has provided, or uploaded to the Mobile Application, or transmitted and altered via the Mobile Application is secure, accurate, or legal, nor can be held responsible for any losses which may arise as a result of or in connection with such information or content being inaccurate or erroneous.
5.1.8. The user accepts, acknowledges, and guarantees that all actions are performed on the “My Application Information” page exclusively and independently by himself/herself. The user guarantees that the contact information s/he has provided to the University is owned, controlled, and actively used solely by himself/herself. The user is responsible for compensating any losses which may arise as a result of or in connection with such information not being owned or actively used by the user.
5.1.9. The user cannot block or interfere with other users’ access to the Mobile Application, nor can upload automatic programs to the servers or databases to crack, lock, or hack the Mobile Application. The user accepts that the abovementioned actions will result in the termination of the user’s account and fully assumes all kinds of legal and penal consequences thereof.
5.1.10. Users of the products and services offered by the University may perform actions in the Mobile Application for legal purposes only. The user assumes all kinds of legal and penal responsibility of any and all acts and actions s/he performs within the application. The users accept to adhere to the provisions of the Turkish Penal Code, Turkish Commercial Code, Code of Obligations, Law on the Protection of Consumers, Regulation on Distance Contracts, Law No:5651 on the Regulation of Publications on the Internet and Combatting Crimes Committed by Means of Such Publications (Turkish Internet Law), Law on Intellectual and Artistic Works, Industrial Property Law, and other legal regulations and legislations in effect as well as the announcements published by the University pertaining to the application.
5.1.11. The user agrees that the Mobile Application hereunder owned and operated by the University. The content of the Mobile Application is protected by the intellectual and property rights. The user accepts and guarantees that s/he shall not reproduce, copy, disseminate, or process pictures, texts, audio visual images, video clips, files, databases, catalogues, or lists available within the application in such a way that may be construed as a violation of the University’s, and/or a third person’s real or personal rights, or property encroachment.
5.1.12. The University assumes no responsibility for any content posted by third parties, including the user, neither within the application nor on the linked internet sites. Third parties are personally responsible for guaranteeing that any information, content, or audio-visual images they provide or post are accurate and legal. The University does not warrant or guarantee the reliability, accuracy, or legality of the services or contents provided by third parties.
5.1.13. The User and the University are independent parties. Nothing contained in this Agreement shall be construed as creating a partnership, agency or employer-employee relationship between the Parties.
5.1.14. The user is liable with promptly making the necessary changes and/or corrections requested by the University. The user assumes all the legal and penal liability of any losses which have been or might be incurred as a result of or in connection with the user’s failure to timely make the changes and/or corrections requested by the University.
5.2.1. The University reserves the right to unilaterally make changes to the products and services offered in the application or the contents thereof, or to delete information and contents uploaded by the User to the system, or block access to them by third persons, including the user. The University may exercise this right without giving prior notice or time allowance. The University shall not be responsible for any losses which have occurred or may occur as a result of or in connection with the user’s failure to make the changes and/or corrections requested by the University within the given timeline, and the University will have the right to suspend or terminate the user’s right of use for the mobile application.
5.2.2. The mobile application may include links to websites or contents which are not controlled by the University for the ease of reference or miscellaneous reasons. These links shall not be construed as an endorsement of, sponsorship of, or affiliation with the linked websites or contents by the University, nor as an acknowledgement or warranty pertaining to information contained therein. Nothing in this agreement can be construed as the University’s recommendation or suggestion or otherwise assurance, acknowledgement, or warranty for, including but not limited to, that the contents of the third party websites are legal, accurate, reliable, fit and proper; or data, software, products and services are commercially available, or the website will be maintained and managed without any error or interruption, or any faults, shortcomings, or failures will be corrected, or the website is fee from any malicious elements or viruses. The University does not have any responsibility pertaining to the linked portals, websites, files or contents, any services or products offered thereby, or the contents of such services or products.
5.2.3. The University may, at any time and in any fashion, delete any comments, message or contents which are not compliant with the operation or general rules of the mobile application or general standards of ethics and morals, and/or may, without prior notice, terminate the membership of the user who has entered such comments, messages, and contents in the application.
5.2.4. The University reserves the right to modify, alter, re-organize, or block access to, without prior notice, any type of products and services offered by the application hereunder or its extensions, together with the user agreement and information offered within the Mobile Product, or otherwise deactivate the mobile application altogether. Changes take effect immediately after being imported to the mobile application. By logging in or using the mobile application, the users shall be deemed to have accepted any changes thereto. The changes are also announced to the users via a communication channel determined by the University.
5.2.5. The University does not guarantee that the services offered via the application shall be active and accessible at all times. The University does not assume any responsibility pertaining to any failures or delays occurred as a result of or in connection with, in particular, the rulings and practices of the legal and other miscellaneous public authorities, forces majeure, any incidents caused by third parties or by Internet service providers, similar other external factors, misuse, technical fault and miscellaneous other failures, repair works, or failures caused by other instructions.
5.2.6. The University may restrict or suspend access to the application in a case where the operating security of the network is in danger, or in order to maintain network accessibility, prevent any failures which may occur in the network, software, or registered files, prevent any potential faults or minimize their effects, as well as when deemed necessary.
The University will provide the services whose scope and contents delineated hereunder to the Users via the “OzU Mobile Application”. The stated application is free of charge. The University reserves the right to make changes to the services offered when it deems right.
7.1. The Mobile Application prompts the Users to provide certain personal information (i.e. full name, telephone number, address, email address etc.) in order to better serve the Users. Data collected via the Mobile Application are used within the Mobile Application in order to prepare campaign works or plan special promotions tailored according to the User’s account. Excluding personal information, statistical data collected from the actions performed on the Mobile Application are also analyzed and stored. The User acknowledges that s/he grants consent to the University to store and process the stated personal data, and gives his/her express consent for using or sharing such personal data with third parties within the scope of the Law on the Protection of Personal Data.
7.2. The University does not disclose any personal data entrusted to it to third parties without the knowledge of the Users or unless authorized by the Users, nor does it use or sell such personal data to third parties for commercial purposes or purposes which fall outside the scope of its activities.
7.3. The Mobile Application content is analyzed using the Remarketing & Demographics & Interests reporting features of Google Analytics. By using the advertisement settings, the Mobile Application can be excluded from Google Analytics for Google Display Ads, and the Google Display Network advertisements can be customized. Demographics provided by Google Analytics are used to customize the Mobile Application, or advertisements published via the Mobile Application, if any, based on the users’ interests. This information may be shared with advertisers together with the other users’ information in order prepare target audience campaigns. This information by no means contains any personal information (i.e. name, surname, TR Identity No, gender, age etc.), and is solely used to conduct trend analysis to analyze the user behavior as a group, and to compile the target audience. Accepting this User Agreement will indicate agreement to share anonymous information with advertisers for advertisement and publicity purposes.
7.4. Third party providers, including Google, will publish their Mobile Application advertisements in the banners of publishers on the Internet. First party cookies and third party cookies are used together by the Internet Site and third party providers, including Google, in order to collect information for advertisements, and to optimize and publish advertisements, based on the Users’ past visits to the Mobile Application.
7.5. The users’ personal information shall be disclosed to official bodies only when requested by official bodies, and the disclosure of such information is required by the effective compulsory legal provisions.
7.6. By accepting this User Agreement, the user agrees that any information s/he shared with the University is his/her personal information, and such information can be shared with other legal entities which are the University’s subsidiaries in order to perform publicity and campaign works and to create announcements suitable for any kinds of communication channel.
8.1. The Member grants his/her express consent to have his/her personal data processed and transferred to third parties as per the Law on the Protection of Personal Data (“The Law”).
Personal data shall be processed as long as the membership continues.
8.2. The Data Controller is the University as per the Law, and the University accepts to fulfill all of its legal responsibilities and obligations stipulated therein.
8.3. The Member’s personal data are processed to collect and compile statistical data, to enhance the University’s activities, to fulfill the responsibilities brought upon the University by the membership agreement, and for other similar purposes
8.4. The Member accepts, acknowledges, and guarantees that s/he has given his/her express consent for the transfer of his/her personal data to third parties to be identified by the University at home or abroad in order to keep, store, or process such data for any purposes.
8.5. The Member’s Personal Data are collected either via this application form or, when deemed necessary, via electronic media.
8.6. The Member reserves the right to apply to the University, who is the Data Controller as per the Law, at any time to inquire whether his/her personal data have been processed, and if processed, to request information regarding such processed personal data, to inquire the purpose of processing such personal data and whether such data are used for the intended purposes, to know the third parties to whom the personal data are transferred, to request the correction of any errors regarding the personal data, or if the data have already been transferred to third parties, to request that such corrections are performed by the respective third parties, to have such data erased, deleted, or anonymized in a case where the reasons for the processing such data are no longer valid, or if they have already been transferred, ask that this request is submitted to the third party that received the personal data, to object to any negative consequences that might arise out of or in connection with the processing of personal data, and to demand compensation as per effective laws for any losses incurred due to the illegal data processing.
This Agreement is governed by and shall be construed in accordance with the laws of the Republic of Turkey. In resolution of any disputes arising out of or in connection to this Agreement, the courts and executive offices of Istanbul shall have exclusive jurisdiction.
10.1. All components of the Application (including but not limited to the general display, design, texts, images, logotype, technical data submitted in writing, electronically, or in machine-readable format, computer software, all kinds of tradenames and domains, the employed business method, business model, software code and other codes) belong to the University and/or are used under the copyrights purchased by the University from a third party. None of these components which are under the possession of the University and protected by the Law on Intellectual and Artistic Works can be altered, copied, reproduced, translated into another language, republished, resold, disseminated, distributed, exhibited, used in breach of the User Agreement or used as a basis for conducting or preparing other derivative works without giving reference to or obtaining the consent of the University, or otherwise the breaching party shall be liable with paying the amount of compensation demanded by the University for any losses incurred by the University and/or the amount of compensation demanded from the University by third parties including licensors, including court costs and attorney’s fees.
10.2. In a case where the written or visual content the Users have uploaded to the application are protected under intellectual property law, the intellectual property rights belong to the User, and the User grants the University the right to use such content freely and indefinitely without any geographical restrictions, including but not limited to the right to reproduce, copy, process and broadcast such content in print media, wired or wireless broadcasting institutions such as radio-television, satellite or cable, or any signal and/or image transmission tools including the Internet and miscellaneous modes of digital communication, and other miscellaneous broadcasting tools.
10.3. The users are deemed to retain the ownership of the contents they have submitted to be published on the application, or hold the right to use such content within the framework of the Law on the Intellectual and Artistic Works. The users may publish the contents which they do not own, only as described by the law and by citing the source. Otherwise the member who uploaded the content shall be held responsible for any and all losses incurred by the University, including any compensations demanded by third parties.