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PRIVACY POLICY


CLARIFICATION TEXT ON THE PROTECTION OF PERSONAL DATA

This Clarification Text has been issued for Roof Stacks Yazilim Anonim Şirketi (“Roof Stacks or Data Controller ”) to fulfill its clarification obligation ,regulated under Article 10 of the Law No. 6698 on the Protection of Personal Data (“KVKK”) titled “Information obligation of the data controller".


1.Processed Personal Data
Your identity, contact, financial information, location information, visual records and marketing information are processed by the Data Controller during your registration as a user (“User”) to the GoArt mobile application (“Application”) and when you use the Application


2.Purposes of Processing Personal Data, Method of Collection and Legal Reason
Your personal data is collected verbally, in writing or electronically, from you, third parties and legal authorities, through written or oral communication channels, during the establishment of the legal relationship between you and the Data Controller and throughout the relationship in question. Your personal data is stored and processed within the scope of the purposes stated below, based on the legal compliance reasons stated in Articles 5 and 8 of the Personal Data Protection Law and listed below.

  • Processed Personal Data
    Identity Information, Contact Information, Financial Information, Visual Records, Location Information, (limited to the purpose of using the application)

  • Objectives
    Registration for your use of the Application and providing service based on the User Agreement concluded in this context
    Purchasing services and products through the Application or using the paid version of the Application by the User, converting the MTE points collected within the scope of Move to Earn (MTE) activities into Matic crypto currency by the User, transferring and storing them on your behalf and account to the crypto wallet account, issuing invoices and, in some cases, performing current account and reconciliation transactions by the Data Controller.

  • Legal Reason
    It is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract


Due to the activities to be carried out below, we collect, store and process some of your personal data for the following purposes, based on the legal reason for your explicit consent in accordance with Article 5 of the Personal Data Protection Law.


  • Processed Personal Data
    Identity Information, Contact Information, Marketing Information

  • Objectives
    Developing the Application and various events and games in the Application, personalizing it according to the needs of the User, and conducting marketing and promotional activities
    Campaigns, benefits, promotions, creation and transmission of ads.

  • Legal Reason
    In case of your explicit consent within the scope of Personal Data Protection Law article 5/1


3.Transferring Your Personal Data
Your personal data, within the scope of the provisions of the Personal Data Protection Law regarding the transfer of personal data within the country and abroad, for the purposes specified in the 2nd article of this Clarification Text; If necessary, it is transferred to official institutions and organizations in the country, our suppliers, business partners, affiliates and shareholders.


4.Your Rights Arising from Personal Data Protection Law
Regarding yourself, by applying to the Data Controller, within the scope of Article 11 of the KVKK, which regulates the rights of the person concerned:
a. Find out if your personal data has been processed,
b. Request information about your personal data if it has been processed,
c. To find out the purpose of processing your personal data and whether they are used for their intended purpose,
d. Learning about third parties to whom your personal data is transferred at home or abroad,
e. Requesting correction of your personal data if it is incomplete or incorrectly processed
f. Requesting the deletion or destruction of your personal data within the framework of the conditions stipulated in Article 7 of the KVKK,
g. Requesting notification of the transactions made pursuant to subparagraphs (e) and (f) above, to the third parties to whom your personal data has been transferred,
h. Objecting to the emergence of a result against you by analyzing your processed data exclusively through automated systems,
j. Requesting compensation for damages if you suffer damages due to unlawful processing of your personal data,
we will inform you that you have these rights.


5.Usage of Rights Arising from KVKK
You can personally send your questions and requests regarding your personal data to the address of Çaydaçıra Mah. Hacı Ömer Bilginoğlu Cad. Teknokent No:63/107 Merkez / Elazığ ,for identification, with a petition prepared in accordance with the conditions specified in the Communiqué on Application Procedures and Principles to the Data Controller, or you can send them through a notary public. In addition, you can send your requests to the e-mail address of destek@roofstacks.com by using secure electronic signature and mobile signature or the e-mail address in our company system, which was previously notified to our company by you and confirmed by us.


USER AGREEMENT

1.THE PARTIES
1.1 This user agreement(“User Contract or Contract”) Çaydacıra Mah. Hacı Ömer Bilginoğlu Cad. Roof Stacks Software Incorporation Company (“Roof Stacks”) GoArt mobile application(“Application”) located at Teknokent No:63/107 Merkez / Elazığ between the user (“User”) who has registered/subscribed to this Application is concluded in order to determine the conditions for the User to benefit from the services offered through the Application.
1.2 Roof Stacks and the User will be referred to individually as the “Party” and together as the “Parties” in this User Agreement.


2.DEFINITIONS
2.1 Service: It refers to the services and applications offered by Roof Stacks to enable users to perform the work and operations defined in this User Agreement.
2.2 User: Roof Stacks Roof Stacks Application member refers to a natural or legal person who is a member of the Application under this User Agreement and purchases products and/or services offered for sale by the Seller with ads provided on the Application.
2.3 Application: Which can be downloaded via Apple AppStore or Google Play Store it refers to an application called GoArt, which is owned by Roof Stacks and which Roof Stacks offers the Services set out in this Agreement.


3.PURPOSE AND SCOPE OF THE USER AGREEMENT
3.1 In accordance with the User Agreement, the User wants to register /become a member of the Application, use the Services and purchase other products /services sold through the application.
3.2 The purpose of the User Agreement is to determine the conditions for Users to use these services and to determine the rights and obligations of the Parties accordingly. With the acceptance of this User Agreement by the User, the User will have accepted all kinds of statements, including the content contained in the Application and the applications that will be included in the Application.


4.RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 In order to become a member of the Application, it is necessary to be a adult and not to be temporarily suspended from membership or banned from membership indefinitely by Roof Stacks. The fact that under age people or others who have been temporarily suspended from membership by Roof Stacks or who have been banned from membership indefinitely have completed the Application registration process will not result in being a User in the Application.
4.2 In order for the User to benefit from the services provided under this Agreement, his personal data must be processed. In order to provide the service, the personal data shared by the User must be accurate and up-to-date. Otherwise, the User is personally responsible for all damages that may arise due to this reason.
4.3 Roof Stacks may, at its sole discretion, unilaterally terminate, close, suspend or completely delete the user’s membership without any justifiable reason.
4.4 Information on which hardware and version of the Application can work with devices is available in the Apple App Store and the Google Play Store. The buyer can follow the updates related to this information through the Apple App Store and the Google Play Store.
4.5 Purchases made within the Application and the Website will be immediately sent to the User’s mobile device. The User’s mobile device may be requested to be connected to the internet in order to access to the Apple App Store or Google Play Store applications. The General Terms and Conditions of the Apple App Store and the Google Play Store will apply depending on the type of mobile device and the use of the Apple App Store or Google Play Store
4.6 In order to use the services covered by this Agreement, the User is obliged to notify Roof Stacks of any changes that may occur before becoming a User, during becoming a User, or later in the documents and information that he/she has provided, no later than 15 days after the change occurs.
4.7 Roof Stacks has the right to change the services to be offered and their scope without prior notice. The amendments made will enter into force on the date of publication and will be binding. The user will be able to benefit from the limited services that will be offered to him/her, provided that he/she complies with the terms and conditions that will be notified to him/her.
4.8 The application membership is personal and each user will be able to create a single membership account. The user may not make the user name and password available to third parties, lend and transfer them.
4.9 The User accepts, declares and undertakes that all purchases made through the Application are for personal use and that they are not for resale purposes.
4.10 The user name and password information required by the User to access the Application operated by Roof Stacks and to perform operations through the Application is created by the User, and the security and confidentiality of such information is entirely the responsibility of the User. The user states that all transactions carried out through the Application have been carried out by him/her, that he/she is responsible in advance for these transactions, that he/she cannot claim any plea and/or objection that he/she did not perform the works and transactions carried out in this way, and/or that he/she has no plea or objection, accepts, declares and undertakes that it will not abstain from fulfilling its obligations based on.
4.11 The User will not use the Application in a manner that is contrary to law and morality, especially in the following cases:
4.11.1 Use of the Application for the purpose of creating, checking, updating or modifying a database, record or contacts on behalf of any person;
4.11.2 Use of the entire or part of the Application for the purpose of disrupting, modifying, or reverse engineering;
4.11.3 Creating unreal User accounts by using false information or using the information of another person, providing false or misleading information, and using these accounts in violation of the User Agreement or applicable legislation, unauthorized use of another User’s account, replacing another person or being a party or participant in transactions under a misnomer;
4.11.4 Spread of a virus or any other technology that damages the Application, the Application’s database, any content contained in the Application;
4.11.5 Collection or processing of any information about users, including e-mail addresses, without the permission of the relevant persons, or any other violation of the legislation on the protection of personal data;
4.11.6 An unreasonable or disproportionately large load on communications and technical systems, which is determined by the application or the technical functioning in activities that will harm arrives, the application without obtaining the prior written consent of Roof Stacks, auto program, robot, web crawler, spider, data mining and data data crawling, such as “screen scraping” software or systems and in this way the use of any content in the application of all or a portion of any unauthorised copying, republication or use.
4.12 Roof Stacks, upon the request of the competent authorities in accordance with applicable legislation, the Law No. 6698 on protection of personal data of the user information (“KVKK”) when it is necessary, by informing the User beforehand and in any case subject to data transfer rules, it will be able to share it with the certain parties.
4.13 If the User is suspended by Roof Stacks for any reason, or if they are removed from membership and blacklisted to never be included in Roof Stacks platforms again, the User cannot become a member of the Application with another user account. If the User becomes a member of the Application in violation of the provisions of this article and the situation is determined, the User will be removed from the membership again and will be responsible for compensation for any damages that may arise.
4.14 Roof Stacks offers various discounts, gifts, deals, offers, etc. or can make campaigns from time to time through the Application for the benefit of Users. All terms and conditions of these campaigns will be regulated by the Company.
4.15 Roof Stacks reserves the right to make any changes related to the content of campaigns and offers and to terminate the campaign and special offers in advance and without notice.
4.16 By sending information and content through the Application, the User acknowledges and declares that he/she has granted the Company a valid, unrequited, continuous and unlimited license worldwide for the use of this information and content.
4.17 Links to other sites may be provided within the site. Roof Stacks may publish the advertisements of the contracted 3rd parties and / or application forms for various services, and direct the Users to the advertiser or contracted 3rd parties’ sites through these forms and advertisements. Roof Stacks assumes no responsibility for the privacy practices and policies of other sites accessed through this link, or for the content they host.
4.18 Although the security measures reported on the application are recommended and these security measures have been taken, Roof Stacks cannot be held responsible for any damage caused or will cause to the user in any way.


5.PAYMENTS
1.The Application is free to install and approval will also be obtained from the User for the sale price, including all taxes for in-app purchases and for the paid version. The User accepts, declares and commits that Roof Stacks can always unilaterally change the price of the paid version of the Application and the prices of in-app purchases, campaigns and packages, that it will keep the Application updated to be aware of the changes made and will regularly check the Application information.
2.Within the application, the User can store the MTE points collected in the Crypto wallet by converting them into MATIC (POLYGON) crypto money if they participate in MTE events, and use these crypto coins for in-app purchases.
3.The User knows and accepts that the Application is from “Services performed instantly in electronic environment”; that he/she will not have the right to withdraw in accordance with Article 15 of the Regulation on Distance Agreements dated November 27, 2014 and published in the Official Journal 29188 and that there will be no refund in any way. The provisions of the Roof Stacks Distance Sales Agreement are reserved in this regard.
4.Besides, the Apple App Store and Google Play Store reserve the refund provisions for purchases made within the Application.


6.PARTICIPATION IN MOVE TO EARN (MTE) EVENTS AND CONVERSION OF MTE POINTS TO POLYGON/MATIC COIN
6.1 Our Users who participate in MTE activities through the Application will have the right to collect points at predetermined rates for each activity if they perform the tasks included in the activity after participating in the activities announced through the Application. Users can participate in their own activities by participating in Time Portals he/she can perform the process of collecting points from. Users will collect MTE points by doing “Remote Discovery” from anywhere during the event or by “Location Discovery” in cultural heritage areas animated on the Time Portal.
6.2 During the transfer of the MTE points collected by the User to the crypto wallet account, the 0.1-Matic transaction fee will be automatically deducted from the User for each transfer.
6.3 A crypto wallet account can only be defined for a User account; a crypto wallet account defined for one account cannot be used by another account.
6.4 The user can only log in via one e-mail from each mobile device for each event he/she will attend.
6.5 The user cannot participate in an event that they have participated in the next time they log in via the same device; they cannot participate via an email address that is different from the email they used when they logged in the previous one.
6.6 In a situation that the GoArt Metaverse account is deleted by the user or the link between the account’s social media accounts is broken, the user cannot participate in the event/events that he/she has participated in with this account via another e-mail or account. With this account, he/she cannot log in to the event he/she participated in again. The MTE Points collected during this event will be deleted if they have not been transferred to the crypto wallet.
6.7 The User with the accounts that has been deleted or disconnected from social media accounts (Facebook, Apple Account, E-mail, Gmail) described in the article 6.4, can participate in other activities that he/she has not participated before, through a different account, and collect MTE points within these activities.
6.8 The user can also re-register on the GoArt Metaverse application with his previously deleted account.
6.9 Roof Stacks cannot in any way be held responsible for the damages and losses, negative or positive damages of third parties, which arise or may arise from the misuse of the crypto money in the crypto wallet by the User, without the fault of the User.
6.10 It is not technically possible for Roof Stack to monitor how the crypto money earned as a result of the conversion of MTE points are used, where and for what purpose they are transferred, whether they are used in a crime or not. The User is solely responsible for the damages and losses, negative or positive damages of the user or third parties, arising or to arise from the misuse of crypto currencies.
6.11 The User is personally responsible for the legal responsibilities and taxpayers related to the use of crypto currency on the application.
6.12 By accepting and approving this agreement, the user declares and undertakes that they understand that they are personally responsible for the risks arising from the inherent of the crypto currencies. Roof Stacks is not responsible for any profit or loss caused by price changes.


7.RESCISSION AND TERMINATION OF THE MEMBERSHIP AGREEMENT
7.1 The Parties may terminate this User Agreement unilaterally and at any time without compensation. In the event of such termination, the Parties will mutually fully fulfill the rights and obligations arising up to the date of termination.
7.2 Roof Stacks has the right to suspend, terminate, sue and pursue membership if it detects that the User has violated any article of this User Agreement or has a reasonable suspicion regarding this.


8.CONFIDENTIALITY
8.1 All commercial, financial, patent and know-how, information, inventions, business, methods, copyright, trademark, customer information and other information obtained by the Parties about each other during the performance of this Agreement are confidential information (“Confidential Information”) and will be considered Confidential Information for the duration of this Agreement and after the expiration of the Agreement. Roof Stacks will be able to share all the information of the User with the relevant authorities, in case of a request from the competent authorities in accordance with the current legislation or a court decision, or in accordance with the relevant legislation.
8.2 Roof Stacks will store personal and commercial information provided by the User for the membership process and throughout the membership in a secure environment. Roof Stacks may disclose this information to third parties for the purpose of executing the applications required for the full and proper operation of the Services, conducting statistical evaluations, and only for the reasons mentioned above.


9.PERSONAL DATA
9.1 The performance of this Agreement and the parties with regard to the matters relating to this contract, law on protection of personal data No. 6698 (“KVKK”) and related secondary legislation pursuant to that are subject to legal, administrative and technical mutual obligations to fulfill and complete manner and for the aforementioned behavior to avoid prohibitive legislation to fulfil their obligations under this agreement. Each Party shall fulfill all written requests of the other Party regarding the correction or destruction of personal data shared during the period of this Agreement.


10.INTELLECTUAL PROPERTY RIGHTS
10.1 Roof Stacks brands and logos, application of a peculiar location in the structure, the design of the application , the software, the name NFT within the application (non-fungible token) and generated by them in relation to the Roof Stacks of any trademark, design, logo, trade dress, slogans, written, pictorial, with or without graphics, and all intellectual property rights to all content and all materials are the property of whether or not you are registered roof stacks. Roof Stacks cannot be held responsible if, for any reason, any digital asset embedded in the NFTs within the Application violates the rights of third parties. The User may not use, share, distribute, display, reproduce and perform works derived from the intellectual property rights subject to the ownership of Roof Stacks without the permission of Roof Stacks. The User cannot use all or a part of the Application in another environment without the permission of Roof Stacks. If the User behaves in a way that violates the intellectual property rights of third parties or Roof Stacks, the User is obliged to reimburse all direct and indirect damages and expenses of Roof Stacks and/or this third party.


11.CHANGES TO THE AGREEMENT AND APPLICATION
11.1 By approving this Agreement in a virtual environment, the User will become a party to the Agreement and will be bound by the provisions of this Agreement. Roof Stacks, at its sole discretion, may unilaterally change this User Agreement and any policies, terms and conditions in the Application at any time it deems appropriate, provided that it is not contrary to the provisions of the applicable legislation, by declaring it on the Application. The amended provisions of this User Agreement will become effective on the date they are announced in the Application, and the remaining provisions will remain in effect and continue to have their provisions and consequences. For the avoidance of doubt, this User Agreement may not be changed unilaterally by the User.
11.2 Roof Stack can make decisions regarding the development and change of the Application, without any notification to the User, can make changes in the Application, new version, publication, different events, expanded formats, etc. can make additions, refresh or remove existing features. In any case, Roof Stack will inform the User about the changes that need to be made on the User’s side to ensure the ideal use of the Application via an announcement on the site. (For example: Version updates, changes associated with the linked database, new versions and updates, new events, etc.)


12.FORCE MAJOR
12.1 Insurrection, embargo, government intervention, riot, invasion, war, mobilization, strikes, lockouts or boycotts, labor actions, including employer-employee disputes, cyber attack, communication problems, infrastructure and internet failures, system improvement or refurbishment work, and malfunctions that may occur for this reason, failures, fire, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters that may occur due to any reason, or other events that are beyond the control of Roof Stacks, are not caused by fault and cannot be reasonably foreseen and cannot be prevented (“Force Major” ") If Roof Stacks prevents or delays the performance of its obligations arising from this User Agreement, Roof Stacks cannot be held responsible for its obligations that are prevented or delayed as a result of Force Major, and this cannot be considered as a violation of this User Agreement.


13.LIABILITY AND COMPENSATION
13.1 The parties are obliged to compensate the damages suffered by the counterparty due to the violation of this agreement.
13.2 The User agrees and declares that he will act in accordance with the provisions of this User Agreement, all the conditions specified in the Application, legislation and ethical rules in the transactions and correspondence that he will perform through the Application.
13.3 All civil and criminal liability related to the actions and actions taken by the User within the scope of the Application belongs to him/her, and Roof Stacks may recourse to the User in case Roof Stacks incurs a legal, administrative or penal sanction due to his/her breach or failure to fulfill his/her contractual or legislative obligations and the User shall fully compensate for the damage of Roof Stacks at the first request.


14.MISCELLANEOUS PROVISIONS
14.1 Validity Period and Termination. This agreement will enter into force upon signature by the User in print or approved electronically, and is valid indefinitely as of the effective date. Besides, the Parties may terminate this User Agreement at any time, without any reason and without being obliged to pay compensation, provided that a written notice is given.
14.2 Agreement of evidence. The User, in case of disputes that may arise from this User Agreement, shall state that the official ledger and commercial records of the Parties and the e-archive records, electronic information and computer records kept in Roof Stacks’ database and servers shall constitute binding, definitive and exclusive evidence and that this article shall be subject to Law No. 6100. It accepts that it is in the nature of an evidential contract within the meaning of Article 193 of the Code of Procedure.
14.3 Applicable Law and Dispute Resolution. This User Agreement will be governed exclusively by the laws of the Republic of Turkey. In disputes arising from the implementation of this Agreement, Consumer Problems Arbitration Committees in the place where the Buyer purchased the goods or where the residence is located, up to the value announced by the Ministry of Customs and Trade; Regarding disputes exceeding the said value, the Consumer Courts in the place of residence of the Buyer or the Seller are authorized.
14.4 Notification. The User and Roof Stacks will communicate via the e-mail address that the User informs about when registering with the Application, the phone number specified when registering, or through notifications that will be sent by registered mail to physical mailing addresses. The mandatory cases specified in the Law are the exception, and the sending of an e-mail to the User’s address registered in the Application will be considered a written communication. The User will have an obligation to keep his/her e-mail address updated regularly.
14.5 Integrity and Severability of the User Agreement. This User Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this User Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this User Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonableness exists, and other provisions shall remain in full force and effect.
Assign of the User Agreement As a rule, the User will not be able to assign the User Agreement. The User will not be able to fully or partially assign his/her rights or obligations under this User Agreement without obtaining the prior written consent of Roof Stacks.
14.6 Withdraw. The failure of one of the Parties to perform any of the rights granted to him/her in the User Agreement will not mean that he/she has waived this right or prevent the subsequent perform or enforcement of this right.
This User Agreement, consisting of fourteen (14) articles, has been concluded and entered into force by reading it by the Parties and approved by the User in wet-ink signature or electronic form.