PABBLER USER AGREEMENT

Last Update Date: 30/09/2019

 

By accepting this Agreement, User can use taking in consignment, transport and delivery services detailed below and provided over the internet site at pabbler.com (“Internet Site”), Android and iOS mobile applications (“Mobile Applications”) owned by Pabbler Lojistik Teknoloji ve Turizm Anonim Sirketi

 

  1. Definitions

Taking in Consignment/ Transport:

Process of keeping and protecting Product selected from Requests in Platform by Travellers.

Possession as Custodian:

Relationship between Product and Traveller who possesses the Product.

Traveller/s:

Natural persons above 18 years of age who signed up to the Platform for performing taking in consignment and transport operation.

Service/s

Platform owned by Pabbler where Stores can list Products of their choice and Travellers can take such Products in consignment and earn money.  

Request:

Product Request published by Stores, providing information such as technical and visual properties of Product, delivery date, price, etc.

User/s:

 

Real persons above 18 years of age and legal persons with E-trade site account that are incorporated in accordance with the laws of the Republic of Turkey. 

Store/s:

Legal entities operating an e-commerce website that sign up to the Platform and post Requests in the Platform. 

Pabbler:

 

Pabbler Lojistik Teknoloji ve Turizm Anonim Sirketi.

Platform:

 

Online structure consisting of Pabbler.com , Android and iOS mobile applications that are operated by Pabbler.

Agreement

Pabbler User Agreement accepted by Travellers and Stores.

Delivery Point:

The point where Traveller having possession of the Product will deliver the Product.

Product:

All kinds of cosmetics, clothing, technology products for which Stores can lists Requests in the Platform.

Payment System

Authorized payment system that collects from Users that makes transactions in the Platform and makes payment to Users.

 

 

  1. Pabbler

 

  • Pabbler is operator of an online communication platform where Stores can post Products they wish to buy in the Platform and Travellers can earn money through Taking in Consignment in accordance with travel details entered into user profile created.
  • By accepting this Agreement, Users represent and agree that Pabbler is operator of the Platform; it is not party to any relationship with Users and it shall not be held liable for any relationship established between Users.

 

  1. Signing Up and Opening an Account

 

  • Users complete a subscription form over the Internet Site or Mobile Application in order to sign up to the Platform.Users are required to provide all requested information in this form without any deficiency and error.  Otherwise, Pabbler shall have unilateral right to block the User or suspend the account. 
  • Each User shall have only one account and they shall be able to benefit from Pabbler Services upon approval of account information.
  • Users shall not be entitled to transfer, donate, sell account and their respective rights to any third person or allow the use of the account by any third person after signing up to the Platform.

 

  1. Representations and Covenants of Travellers

 

  • It is compulsory for Travellers to be above 18 years of age in order to sign up to Platform.Travellers agree and undertake that they are above 18 years of age when they read and accept this Agreement and start processes over the Platform.  Travellers shall be held responsible ex officio for accuracy of any information provided for this purpose.
  • Travellers that sign-up to Platform shall complete departure and arrival point, date, empty space of luggage and hotel details in the menu shown over the homepage screen. Following this information, Pabbler shall list Requests about Products that can be carried along the travel route of Traveller.In case Traveller select any of Requests listed as such, consignment relationship will be established between Store and Traveller. The Product will be sent to the location specified by Traveller.  Consignment relationship will end when Traveller delivers Product without any loss and damage at Delivery Point and Traveller shall receive certain amount in consideration of Transport. 
  • Traveller with approved Request shall not be entitled to refrain from taking delivery of Product and delivering the same at Delivery Point without approval of Pabbler.
  • Traveller that takes Product in consignment shall be directly responsible for Product due to Possession as Custodian for the period until delivery of Product to Delivery Point.Traveller shall not interfere in the Product including Product packaging to the extent possible and it shall show effort to prevent any loss or damage to the Product. 
  • Traveller represents and agrees that Product price shall be collected in case Product is not delivered or any loss or damage that may arise with the Product and packaging until Delivery Point, shall be paid directly and loss compensation shall be collected by the Payment System from the provision retained from the credit card of Traveller.

 

  1. Representations and Covenants of Stores

 

  • Stores are required to provide all the information as specified in the sign-up form during subscription to the Platform.Stores agree and undertake that any operation performed over the Platform during subscription shall be performed with authorization for and behalf of company. 
  • Stores with approved subscription to Platform shall be permitted to post Request about Products over the Platform.Store agrees, declares and undertakes that all information required for delivery of Product to Delivery Point without damage and within delivery time were entered in full during posting of Request about Product and Product shall be sent to address of Traveller upon selection of Product by Traveller.
  • Store does not have right to modify Request after the selection of Request by a Traveller.
  • Any modification made upon posting of Request should be approved by Pabbler.
  • Store represents, agrees and undertakes that it shall be the only party that shall be held liable towards Pabbler, Traveller and other third persons due to incomplete, inaccurate and/or erroneous nature of information provided in Request.
  • Stores agrees, declares and undertakes that Products shall be posted as Request in accordance with the International Air Transport Association’s legislations and laws of the Republic of Turkey and they shall be directly and unlimitedly responsible for any dispute, loss or damage that may arise from posting of Products in breach of such legislation.Further, in case a Product in breach of legislation is posted in the Platform, Pabbler reserves right to suspend or close user account of Store  permanently and unilaterally. 

 

 

  1. Posting and Approval of Request

Pabbler shall share information on location of Traveller and Product with Store upon selection of posted Products by Traveller.  Users shall immediately notify Pabbler in case Product cannot be delivered within expected time and under expected conditions.  

 

  1. Security Measures

 

  • Users should establish account security by taking the following measures that are strictly recommended by Pabbler for account security:
  • Using a strong password consisting of letters, numbers and symbol in order to prevent discovery through guessing or trials;
  • Refraining from sharing username and password with other persons;
  • Refraining from using password for Pabbler account in any other platform.
  • Internet Site should always be accessed through “https” and Site’s certificate should be checked upon access.

 

  • User has exclusive responsibility regarding the accuracy and confidentiality of information provided during subscription; protection of password and username and avoid sharing such information with other persons. Pabbler shall not be held responsible in case of unauthorized access to such information and performance of unauthorized processes in the Platform.

 

  1. Confidentiality

 

  • For the purpose of providing Services, Pabbler requests certain information from Users during sign up to the Platform.Pabbler undertakes to keep such information confidential and take all kinds of measures for this purpose.  However, information and documents shall be submitted to competent authorities in case information and documents are requested by competent authorities in accordance with the laws of the Republic of Turkey, DLs and any legislation.  In addition, information of Users shall be shared with other Users in the Platform to the extent required for Service.  Pabbler shall not be held liable for any loss that may arise from such sharing.
  • Platform may provide links to other sites.It may publish Requests of contracted third parties and/or application forms pertaining to various services or it may provide link to these sites.  Pabbler does not have any responsibility in connection with the confidentiality provisions and policies as well as contents of third-party sites Users have access as described above.
  • Please refer to “Pabbler Privacy Policy and User Clarification Text” for information about which information Pabbler collects, uses and discloses about Users.

 

  1. Informing Users

 

  • By accepting this Agreement, Users accept and undertake that compulsory information on Services and subscription procedures shall be provided via electronic communication means such as SMS and e-mail in accordance with Article 6 of “Regulation on Commercial Notifications and Commercial Electronic Messages”.
  • Pabbler shall be entitled to communicate with Users via electronic communication means such as SMS, e-mail, etc. for commercial purposes as a part of services provided by Pabbler in case Users provide consent as required.Users shall always be entitled to withdraw their consent about this communication.

 

  1. Use of Platform and Services

 

  • Unless otherwise specified in writing by Pabbler, all contents and other materials including but not limited with Platform and Services; Pabbler logo and all designs, texts, graphics, images, information, data, software, audio files, other files, etc.are in ownership of Pabbler and Pabbler’s licensors and they are protected with Turkish and international copyright laws.  
  • Users shall refrain from behaviours that may jeopardize security of Pabbler system.Users agrees, declares and undertakes that software developed by Pabbler for its technology shall function properly and without interruption; it shall not engage in reverse engineering, obtain source code or damage in any other way and it shall not encourage or assist others for the purpose of the foregoing.
  • Users declares and undertakes that they shall not communicate with each other beyond the Platform in a manner leading to Taking in Consignment within the scope of Services offered over the Platform, and they shall not engage in any activity that competes with Pabbler.

 

  1. Trademarks

 

  • Pabbler technologies and Services, Pabbler logo and any other product or service names, logos or slogans that may appear in the Platform are trademarks of Pabbler and they cannot be reproduced, copied or used, whether wholly or in part, without prior written consent of Pabbler.
  • Any other trademarks, registered trademarks, product names, company names and logos shown in the Platform or Services are under ownership of respective owners and Users cannot reproduce, copy or use them, whether wholly or in part, without prior consent of trademark owner.

 

  1. Modifications

 

  • Pabbler shall be entitled to modify, suspend or cease provision of Services in the Platformat its own discretion, at any time and without assuming any liability to this extent.
  • Pabbler shall notify Users through Mobile Application and pop-up windows when User Agreement or Privacy Policy and User Clarification Text is modified.

 

  1. Warranty Conditions

 

  • Users understand and agree that they shall bear the risk of using the Platform. Users agrees, declares and undertakes that Pabbler does not have any liability in connection with transactions of Users, and it shall not be party to any dispute that may arise between Travellers and Store.Pabbler reserves right to make claim by recourse in connection with this matter. 
  • Users agrees, declares and undertakes that Payment System will respond to inquiries about payment transactions made in the Platform and any legal claim shall be directly addressed to such respondent.
  • Pabbler does not guarantee provision of Services in an uninterrupted and unlimited manner.In case of interruption and system problems, Users shall not be entitled to apply to Pabbler due to system problems and Pabbler shall be entitled to close or slow down functioning of Platform at any time. 

 

  1. Limitation of Liability

Users understand and agree that they shall be fully responsible for the use of Platform upon accepting the Agreement.  By accepting this Agreement, Users represent and agree that information that is sent and received by Users may not be secure, they may be seized or obtained by unauthorized persons.  Users represent and agree that they shall bear the risk of use.  To the maximum extent permitted by the law, Users represents, agrees and covenants that Pabbler shall not have any liability in connection with any direct, indirect, implied, express, special, penal or any other loss or damage including data loss or any pecuniary and non-pecuniary loss or damage that may be suffered by Pabbler’s suppliers or licensor.

 

  1. Suspension and Termination

Pabbler shall be entitled to immediately suspend or terminate all or a part of Services or access of Users to Pabbler Services in case Users breach any article of this Agreement.  In case access is terminated, User’s right to use Platform shall be terminated with immediate effect.  All previous agreements shall be terminated upon accepting revised Agreements of Pabbler.

  1. Severability

In case any provision of this Agreement or a part thereof is held invalid or unenforceable by any reason whatsoever, such provision shall be deemed non-existent and it shall not have validity or any effect.

  1. Settlement of Disputes

Any dispute that may arise regarding this Agreement shall be referred to jurisdiction of Istanbul (Caglayan) Court and Enforcement Offices.

 

Please read all articles carefully.  You shall agree, declare and undertake that you have read all lines of each provision in this Agreement, you have made due consideration and understood each of them and you shall be bound by these provisions when you accept the Agreement or use the Platform.  You shall be responsible for the use or non-use of the agreement in accordance with such regulation in case works and processes defined under this agreement are subject to any regulation or restricted in the jurisdiction where you are resident. Pabbler Lojistik Teknoloji ve Turizm Anonim Sirketi shall not be held responsible for anything to the contrary.

 

PABBLER PRIVACY POLICY AND USER CLARIFICATION TEXT

The objective of this Privacy Policy And User Clarification Text (“ Policy”) is to provide information on terms and conditions regarding the processing of personal data that is obtained from the users (“Usersor You”) that is required for services provided and administered by the Pabbler Lojistik Teknoloji ve Turizm Anonim Sirketi (“Company”) over the internet site at “ www.pabbler.com” address and Android and iOS applications (“Site”) and/or received form the Users during the use of the Site (“Services”) . Definitions under Pabbler User Agreement (“Agreement”) published in the Site shall apply to interpretation of any term that is not defined in this Policy.

You can feel safe while using the Site. However, please note that no system is fully secure. Even though we take all steps necessary to protect your data, there is always a risk of non-security. Therefore, we would like to remind you that you should be very careful while disclosing your personal data. Other than to the personal data requested by the Company, processing of data that is provided by You without request of the Company shall not be deemed as personal data processed by the Company in accordance with this Policy. For this reason, we notify You to refrain from disclosing your other personal data that is not requested by the Company, including but not limited with your voice, photos send via e-mail message or any other communication channel.

Which Data is Processed?

This section describes each group of personal data that correspond to the data collected, personal data of Users that is processed within the scope of services offered by the Company and considered as personal data in accordance with Personal Data Protection Law No. 6698 (“ Law”) and data beyond the scope of personal data and data collected using cookies. Unless otherwise specified, the term “personal data” and “special categories of personal data” shall include the following information in accordance with the provisions and conditions under this Policy.

Personal Data:

o Data Collected for Registration Purposes:

For Natural Persons: Name, surname, e-mail address, telephone number, address details, user’s photograph, Republic of Turkey identification number, passport, bank account details,

For Legal Persons: Corporate name, tax registration number, e-mail address, telephone number, address details

o Data Collected for Travel Procedures

▪ Departure and arrival points, date, address details

o Data Collected for Invoice/ Note of Expenses: Name, surname, trade name, Republic of Turkey identification number, tax registration number, bank account details

o Other Data: Data related with all kinds of corresponds exchanged during provision of Services or for Services, browsing and/or user session (IP address, geographical location, unique device identifier, etc.).

o Social Media Accounts: Information such as name, surname, e-mail address, telephone number, profile photo from your social media account will be processed in case you sign up to the Site, using your social media accounts in order to user Services.

Data Processed Using Cookies: For detailed information on your data processed, including IP Address, type of device, operating system and browser details, please refer to “Pabbler Cookies Policy” published in the Site.

Data anonymized in a non-reversible manner in accordance with Article 3 and 7 of the Law shall not be considered as personal data and processing activities in connection with such data shall be carried out without being bound by provisions of this Policy.

User guarantees that data constituting subject matter of this Policy are true and up-to-date and they shall be updated in case of any changes in such data. Company shall not be held liable for any consequence in case User refrains from sharing up-to-date information.

Data Collected Upon Anonymization

Travel information, location details, payment details of Users

What Are the Purposes of Processing Your Data?

Company may process personal data provided by Users and new data the Company derives using such personal data for the purpose of ensuring that Users benefit from the Site in an uninterrupted manner; providing and improving Services offered in the Site; achieving the purposes of using personal data that are regulated under this Policy and Agreement; performing verification of identity in connection with the accuracy of information disclosed by Users during subscription to the site; ensuring data security for Users; providing uninterrupted customer support and technical support; communication general or personalized notifications (or promotions); creating statistical data from User’s data in order to provide and improve Services of Company or business partners; complying with obligations of the Company that arise from the law and regulation; and preventing existing or future legal disputes.

About Cookies

Company may use cookies, a technical communication file, to obtain information on the use of Site by the Company and Users; process data for this purpose and transfer them to third persons to the extent required for analysis services for the purpose of processing for analysis services offered by third persons. The aforementioned technical communication files are small text files sent to the browser of Users by the Site for the purpose of storing in the cache. Technical communication file stores status and preference settings about a specific website and facilitates the internet use. Technical communication file is designed to obtained statistical information on Site such as time-coded number of users, number of visitors, purpose of visitors, number of visits by a specific user, the duration of visit, etc., and to assist placement of dynamic advertisements and contents for customizing the page based on user preferences; and it is used for the aforementioned purposes. Technical communication file is not designed to retrieve any other information from the main memory. Original design of browsers permits technical communication files; however, Users may configure browser settings to prevent the receipt of technical communication file or receive a warning about the receipt of technical communication file if they desire to do so. Please refer to “Pabble Cookies Policy” for details on cookies. Company determines and uses IP address of Users as required, in order to identify system-related problems and solve such problems immediately. IP addresses may also be used to make general definition of Users and collect comprehensive demographic information.

Who Is Authorized to Access Your Data?

Company will be entitled to share personal data provided by Users and new data generated by Company using such personal data, with external service providers and other third persons for the purpose of providing and/or improving Services; improving User experience and achieving one of the purposes specified under the headline “ What are the Purposes of Processing Your Data?”.

During the providing of Services, name, surname and location data of Users will be shared with other Users within the scope of processes performed by Users. In case Users perform such processes, it shall be deemed that they have consented to such sharing.

Company shall also be entitled to process personal data subject to this Policy and share them with third persons without obtaining consent of Users in case of exemptions under Articles 5 and 8 of the Law and/or applicable legislation. Some of these events are provided below:

➢ Clear provisions under the Laws permitting such use;

➢ Compulsory disclosure for protecting life and physical integrity of a person or any other person in case the relevant person is not able to provide consent due to actual incapability or his/her consent is not valid under the applicable law;

➢ Requirement to process personal data in case such processing is directly related with execution or performance of an agreement including the Agreement;

➢ Compulsory data processing for the fulfilment of a legal obligation by Company;

➢ Information made public by Users;

➢ Compulsory data procession necessary for vesting, using or protecting any right;

➢ Compulsory data processing for legitimate interests of Company provided that fundamental

rights and freedoms of Users are not jeopardized.

Company has right to transfer personal data to providers (directly to providers, to affiliates, sub-contractors of providers or services providers with proven track of reliability at international level) located in any part of the world, other than country of residence of Users in order to receive data hosting service subject to the limitation with the performance of the aforementioned objectives.

Right to Access Data and Request Correction

Data Subject may submit an application to the Company in order to;

➢ Get information as to whether personal data are processed or not;

➢ Get information on the extent of processing if data are processes;

➢ Get information on the purpose of processing personal data and as to whether they were used in accordance with the purpose;

➢ Get information on local and foreign third parties who were transferred personal data;

➢ Request correction if personal data were processed inaccurately or incompletely;

➢ Request deletion or destruction of personal data in accordance with the conditions stipulated in the applicable legislation;

➢ Request notification of deletion, correction and destructions made in accordance with the applicable legislation to third persons;

➢ File objection against unfavourable results obtained through analysis using automatic systems only;

➢ Claim compensation of losses and damages that may arise from illegal processing of personal data.

by submitting an application to the data supervisor. Users shall exercise right to apply that arises from the law, in parallel with the aforementioned requests, by using one of the methods specified under paragraph 1, article 13 of the Law and other applicable legislation or other methods stipulated by Personal Data Protection Board. Methods existing under the Law are as follows:

a) Application Form provided in the Site in accordance with Personal Data Protection Law (“Application Form”) will be completed, signed and sent to Kilicali Pasa Mahallesi Defterdar Yokusu Sk. Civa Apt. Apt. No: 46/4 Beyoğlu/Istanbul address (by personal delivery with a document that confirms identity of the applicant.)

b) Application Form will be completed, signed with “secure electronic signature” defined in Electronic Signature Law No. 5070, and form with secure electronic signature will be sent to e-mail address at [*] (Subject of E-mail will be “Information Request Under Personal Data Protection”.)

c) Application Form will be completed; signed and sent to Company’s head office address at Kilicali Pasa Mahallesi, Defterdar Yokusu Sk. Civa Apt. Apt. No: 46/4 Beyoğlu/Istanbul via notary public (“Information Request Pursuant to Personal Data Protection Law” will be written on the notification envelope .)

A special power of attorney should be issued in the name of the person filing an application for and on behalf of data subject in order to allow a person other than applicant himself to file an application.

Duration of Keeping Personal Data

Company shall act in accordance with provisions of the Law No. 6698 and Regulation on Deletion, Destruction or Anonymization of Personal Data (“ Regulation”). Company will store personal data provided by Users for the purpose of achieving objectives related with the nature of Services specified under this Policy and Agreement, for the duration of Services in order to ensure that Users benefit from the Site and Services, and destroy personal data during the first periodical destruction following the date on which destruction obligation arises in accordance with the Regulation. Company will comply with obligations arising from Article 12 of the Regulation towards Users that request destruction of personal data in accordance with Article 13 of the Law.

Measures and Commitments on Data Security

Company undertakes to perform and procure the performance of technical and administrative measures aimed at ensuring appropriate security level for the purposes of:

➢ preventing illegal processing of personal data;

➢ preventing illegal access to personal data;

➢ Undertake to take necessary technical and administrative measures to ensure the appropriate level of security in order to protect personal data

Company is not entitled to disclose personal data obtained about Users to other persons and process beyond the purpose of processing in breach of this Policy and Law No. 6698.

In case a link is provided in the site for access to another application, Company shall not be held responsible in connection with the privacy policies and contents of that application.

Communication Consent

By providing the electronic communication consent described in this Policy, you will provide consent for the collection, storage, processing, use and transfer of your personal data, for the purpose of offering you various advantages and performing all kinds of electronic communications aimed at personalized advertisements, sales, marketing, surveys, booking privilege, etc, and sending other communication messages. Company shall communicate Users via e-mail for the purpose of verification with e-mail address during sign-up; verification of identity when password is forgotten; creating an internet site; customizing the internet site when required; posting advertisements over the internet site; sharing the internet site; making security notifications; sending e-invoices, and by telephone or via SMS for the purpose of verifying telephone number during sign-up, making notifications as a dual-factor verification method; verifying identity when password is forgotten and sending security notifications.

Company shall take all kinds of measures for secure storage of personal data in accordance with Article 12 of the Law and prevention of unauthorized access and illegal processing.

Confidentiality of Users Due to Age Limit

Company shall not deliberately collect and record personal data of individuals below 18 years of age. If you are below 18 years of age, please note that you should not use the Platform and Services and disclose your personal data to Company. Company shall take reasonable steps to delete when it is understood that personal data of an individual below 18 years of age was collected.

Policy Revisions

Company may revise provisions of this Policy any time by publishing revisions on the Site. Policy provisions revised by Company take effect on the date of release. Company shall serve necessary notifications to Users in order to inform about revisions to this Policy.

Settlement of Disputes

This Policy is governed by the Laws of the Republic of Turkey. Any dispute that may arise from this Policy or in connection with this Agreement shall be referred to jurisdiction of Istanbul Centre (Caglayan) court and enforcement offices.