1. Purpose, Parties and Definitions
   
   Purpose: The purpose of this document, which is a legal electronic contract, is to determine the rules for the use of the service we offer you through our mobile and web application, Kimboo. You must read this Terms of Use in full before you sign-up and login to Kimboo. You are only allowed to sign up and log into Kimboo application, upon clearly marking that you have read and accept this Terms of Use and declare that you fully agree to be a party to this Agreement.
   
   
2. Parties and Definitions:

   One party to this Terms of Use (User Agreement) is the user who signs-up and logs in to Kimboo mobile or web application; “User” (“You”) and the other is “Data Birikim, Teknoloji ve Yatırım A.Ş.” (“Kimboo”, “We”) which is the owner of Kimboo application, brand and logo, “gokimboo.com” domain name and web site.

   “Data Birikim, Teknoloji ve Yatırım A.Ş.” has designed, developed, and published “Kimboo”. Kimboo is a “gamified social discovery application” which asks its players continuous “would you rather” type social questions and prompts players to answer intuitively. By playing Kimboo, players have the chance to compare their own choices/answers with other players. At the same time, Kimboo calculates affinity scores among all players and matches players by showing the affinity scores to everyone within the game. By comparing these affinity scores calculated by Kimboo, players can become friends in Kimboo’s virtual environment, if they wish so. Various additional features are available within the app which endorse its gamification model. Once two players become Kimboo friends instant messaging (IM) feature is unlocked.

   This “gamified social discovery environment” and the system behind it are Kimboo’s “services”. Kimboo reserves the right to expand and/or narrow its services and other rights related to “digital platform ownership”; such as changing the rules of use, add or delete features, advance and update its technology, geographical expansion, licensing, sell/merge the company etc. In such cases, this Agreement will also be updated. This is why we recommend users to check this page periodically.

3. Rules of Utilization of the Application and User Responsibilities:
   
   
   • To be able to create an account in Kimboo and make use of the "gamified social discovery environment" offered on our platform - the User must be at least 18 years old.
   • Kimboo, is available on mobile applications designed for iOS and Android operating systems, as well as mobile and desktop devices web (HTML) browsers.
   • In order to login to Kimboo the User must have and use one of the following:
     • Facebook account,
     • Gmail account,
     • Apple account,
     • Have a mobile (GSM) number and use Fast Login  service.
   • Anyone who registers and/or logins to Kimboo via Facebook, Gmail, Apple accounts or Fast Login has clearly stated that they have read and accepted the rules of this Terms of Use and Privacy Statement, which is a part of this Agreement.
   • Players who want to sign-up and login must create their Kimboo profile by filling out Kimboo’s Profile Creation Form, available within the application. Players are held liable of the accuracy of the information provided via the Profile Creation Form.
   • If you are under the age of 18 or have registered with false information via Kimboo Profile Creation Form; or if your account has been interfered by Facebook, Gmail, Apple or Fast Login platforms because of a behaviour that does not comply with their respective Terms of Use, then Kimboo is not liable for any material or moral damages. Also, in such case you may be left out of Kimboo and blocked from using the application.
   • When you sign up for the first time, the profile image (avatar) used in your Kimboo account is either retrieved from your public profile or retrieved from the photograph you uploaded via the Profile Creation Form. Users can change his/her profile picture after signing up. However, the new image to be used must be in compliance with existing legislation, general ethic rules and understanding. If otherwise, Kimboo can remove such content, delete your account and/or block you from accessing the game.
   • After you sign up and login, you are allowed to upload additional photos to be visible as part of your profile information to other players. You can change and/or delete these photos any time. However, these uploaded images to must be in compliance with existing legislation, general ethic rules and understanding. If otherwise Kimboo can remove such content, delete your account and/or block you from accessing the game.
   • When you sign up for the first time, the e-mail address required for a Kimboo account is either retrieved from your Facebook, Gmail or Apple public profile or retrieved from the Profile Creation Form you filled out. Users can change their e-mail addresses after signing up. However, the e-mail addresses must later be verified by clicking the link sent by Kimboo to the disclosed e-mail address. If users do not verify the validity of the e-mail address they may be left out of Kimboo and blocked from using the application.
   • When two users become friends they can send text, image, audio and video messages to each other. Kimboo holds the right to terminate a player’s account, if those behaviours or content (uploads of short videos, questions or profile pictures) are identified as racist, sexist, fanatic, political, discriminatory, insulting, pornographic, hate speech, unwanted and commercial advertising, spammy content, or violates other users' personal rights and privacy, unlawful attitude and behaviour or are against the law, goodwill and fairness.
   • In order to enhance security and trust among Kimboo friends, players must verify their mobile (GSM) number via Fast Verify service (ame as Fast Login service as mentioned above) in order to start instant messaging (IM, chatting) within the application. The profile information of the players who verify their accounts during Fast Login or Fast Verify are automatically upgraded to “Mobile Number Verified” status. The verified mobile (GSM) number is not shown to anyone within the game and is saved in Kimboo databases for probable future legal conflicts.
   • When a User is sent "Karma" by another User, an in-app notification is immediately released. Additionally, once a week an email is sent informing the total amount of Karma he/she has received during the previous week. This email address is retrieved from Profile Creation Form during initial login. The email sent is a part of the game. Thus, once you accept this Terms of Use and Privacy Statement, it means that you have given clear consent to us for sending both the in-app notification and email, informing you of the Karma sent.
   • When the User buys Karma ("Karma" See FAQ) via in-app-purchase infrastructure of App Store or Google Play Store, 3rd party payment systems are used and he/she should be aware of this at his/her own risk.
   • Any breach of rights by the Users such as: copying, converting, modifying, reverse engineering, decoding game code, "hacking" and attempting to write cheat programs in any form, on the intellectual property and products owned or operated by Kimboo or by third persons or parties, creates their legal and criminal responsibility as well as unfair competition.
   • According to the Law No. 5846 “Intellectual and Artistic Works” in force in the Republic of Turkey, if Users upload content to Kimboo which bears the creator’s character - the nature of the owner - are legally identified as  intellectual property and all his/her rights are reserved. When it comes to “short videos” (stories) and “questions” that Users choose to upload to be published within Kimboo; and other types content that can be developed in the future for the continuation, diversification and promotion of the game are entirely at the disposal of Kimboo, and no intellectual property rights can be claimed. The legal status of your content on Facebook, Gmail or Apple is entirely out of this matter, and it is recommended that you carefully monitor their respective "Terms of Use" and the permissions you gave it.
   • Although security measures are taken with advanced technologies in order to keep the Kimboo application away from malicious attacks, the User is also responsible for security and updating of his/her devices and software, passwords and private information therein. (See: Privacy Statement)
     
     
4. Google Assistant:
   

   Kimboo can also be accessed via Google LLC’s (Google) voice assistant platform Google Assistant (hereinafter “Assistant”). Although the general format is identical to the original, Kimboo on Assistant is a separate application.

   Users who sign up and log into the Kimboo on Assistant are deemed to have read and accepted the rules of this Terms of Use and Privacy Statement, which is a part of this Agreement.

   In order to access Kimboo on Assistant:

   • Users must have and sign up with a Google Gmail account. As part of the signing up process, upon user’s consent, Google shares “name”, “surname”, “email address” and “profile photo” related to the user’s Gmail account with Kimboo. In addition to the process above, the user is also asked their gender and date of birth by Kimboo in order to create a profile within the application.
   • To be able to create a Kimboo account on Assistant and make use of the "gamified social discovery environment" offered, the user must be at least 18 years old.
   • Kimboo on Assistant is a separate application and has an independant database from the original Kimboo app. Users who wish to login to original Kimboo application are allowed to transfer and merge their account into Kimboo app by using the special URL link available within Assistant.
   • The legal relationship between Assistant users and Google is not part of this agreement. Users are reminded that they are legally bound by Google Terms of Service – Privacy & Terms – when using Google’s Assistant platform.
   • If a user’s account has been interfered with by Google because of a behaviour that does not comply with Google Terms of Service, then Kimboo is not liable for any material or moral damages. Also, in such a case the user may be denied access to Kimboo and blocked from using the application.
     
     
5. Exceptions to Liability:
   
   
   • Kimboo can not be held responsible in case it fails to perform the service provided by the application, due to unforeseen circumstances such as breakdowns, maintenance and interruptions that may occur in Turkey and/or world-wide technological infrastructural services, corporate unions or transfers, judicial and administrative interventions, force majeure, cyber-attacks and similar unexpected reasons.
   • In regard to its Service, Kimboo reserves the rights of; changing or broadening of the scope, add/delete game language, add/delete features, expand to other operating systems and device types to include broader digital platforms, develop and change the scope of real-time communication between Users' phones and servers, render premium services or discontinue the Service. In relation to such cases, this Agreement will be updated.
   • Kimboo is not responsible for any damages that Users may experience on third party platforms, such as App Store (iOS) and the Google Play Store (Android), for which they have downloaded games and purchased points (Karma).There may be some links to downloadable software or downloadable files on the Kimboo's gokimboo.com website or other interfaces that users may encounter while using the application. Kimboo is not responsible for any loss or damage arising from third-party and third-party applications, websites or content for which access is granted.
   • Kimboo is not the party to or the party of any criminal and civil lawsuit arising from the use of the application. No liability shall be implied, directly or indirectly, to any loss, damage, expense or any other claim that may arise from the actions of the users or third parties.
     
     
6. Intellectual Property Rights: 
   
   Users are not charged for accessing the social discovery Service offered by Kimboo. This does not mean that our application and the intellectual property rights on the content, technological infrastructure and software of our application and website are not under legal protection. All kinds of technological and software related intellectual property, including "Kimboo" trademark, logo and domain name, i.e. original designs, images, sounds, texts, database belong to Data Birikim, Teknoloji ve Yatırım A.Ş. These are under protection by the laws of the Republic of Turkey and global legal protection through related legislation, national and international regulations.
   
   
7. Applicable Law and Authorized Courts: 
   
   The laws of the Republic of Turkey shall apply exclusively to the interpretation, or dispute arising out of or in connection with the application, interpretation or confidentiality of this User Agreement (Terms of Use) and the Privacy Statement which it is an integral part, except for the conflict of laws or rules. In resolving disputes between Kimboo and the User arising out of the application of this User Agreement and/or Privacy Statement, the Parties shall endeavor to resolve the dispute primarily through mutual agreement; in case a conclusion can not be reached, the Istanbul Courts shall be authorized to settle the dispute.
   
   
8. Protection of Your Personal Information and Privacy Statement: 
   
   During your use of the Kimboo application, which provides the players with an absolute privacy environment, we collect your personal data as retrieved from Facebook on your consent or as you provided via Kimboo’s Profile Creation Form. In addition to these, other personal information which you may choose to disclose, such as your education and occupation are also part of the information we collect. For further information on this subject, please read our Privacy Statement which forms an integral part of this agreement. If you have any other problems with the services provided and the rules of use, please contact us.

 

Data Birikim, Teknoloji ve Yatırım A.Ş.

İçerenköy Mahallesi Umut Sokak No: 10-12 Kat:16

AND Plaza Ataşehir - 34752

Istanbul / Turkey

[email protected]

1. About This Statement:
   
   This statement, which is a part of our Terms of Use / User Agreement, is pertain to what your personal information consists of; how it is stored, protected and used by the owner of the "Kimboo" application, Data Birikim Teknoloji ve Yatırım A.Ş., once you sign-up and log into by using Facebook, Gmail, Apple or Fast Login and start playing Kimboo. You can only sign-up and log into Kimboo by using one of the above platforms, by filling out Kimboo Profile Creation Form and upon clearly marking that you have read and accept Kimboo User Agreement and this Privacy Statement.
   
   
2. What does Personal Information mean? 
   
   The Law No. 6698 on “Protection of Personal Data” (KVKK) under the Republic of Turkey, which regulates the protection of personal data in Turkey; defines personal information as "any kind of information about an identified or identifiable real person". Accordingly, your name, surname, and -if your name and surname are also included in- your e-mail address, your mobile (GSM) number, your birth date, your education, your occupation are considered your personal information as they are suitable to determine your identity. Data Birikim, Teknoloji ve Yatırım A.Ş. carefully takes necessary precautions to protect your personal information not only under the rules of Law No. 6698 but also in accordance with the relevant provisions of Turkish Constitution and other applicable legislation, i.e. the European Human Rights Convention, the European Union Data Protection Directive principles and its self ethic rules.
   
   
3. What kind of Personal Information does Kimboo collect? 
   
   Kimboo is currently designed for iOS and Android mobile devices, mobile and desktop computer browsers. When you start using the Kimboo application:
   • Your "Name and Surname", "E-mail address", "Gender", "Profile photo" (Avatar), "Birth date" and “mobile (GSM) number” information that you have provided via Kimboo’s Profile Creation Form, are automatically retrieved and saved to Kimboo servers. If one or more of this information required is missing, your registration to Kimboo will not be completed.
   • If you are younger than 18 years of age or you appear to be registering with misinformation or declare to be older than 18 via Profile Creation Form, Kimboo will delete your account and prevent you from using this application.
   • In addition to the above information, "Occupation" and "Status of education" information are also requested. Yet these are not compulsory to continue to play.
   • Since the Kimboo application is a game played via desktop/laptop computers, and varios mobile devices via Internet Protocol, the users' communicate with Kimboo servers is "real time". 
   • To become a Kimboo user, no other information, data or permission other than those mentioned above is required and recorded. However, Kimboo can use the tools of third parties such as Google Analytics, CloudFlare to improve the application in optimizing and distributing user traffic by sending cookies through the gokimboo.com website, track Identifier for Advertising (IDFA) in iOS devices or Google Advertising ID (AAID) in Android devices in order to save usage data. Beware that, you are free to change your Internet browser settings to decline "cookies", or nullify Identifier for Advertising (IDFA) and Google Advertising ID (AAID).
   • When a player in Kimboo starts Following your acitivities within the application and prefers to digitally inform you of this action (follow) by sending you “Karma” as defined within the game, you are immediately notified via the application. Additionally we send you a weekly email informing you the total amount of Karma you have received the previous week. The email address which this email is sent is retrieved from the Profile Creation Form you have filled out during initial login. The email sent is a part of the game. Thus, once you accept this Terms of Use and Privacy Statement, it means that you have given clear consent to receive both the in-app notification and weekly email, informing you of the Karma sent to you.
   • Kimboo is collaborating with the third parties - App Store (Apple Application Store) and Google Play Store - which are currently in operation so that you can download applications that match the type, model and software of your mobile device. Therefore, we recommend you to read the privacy statements of these platforms and obtion indepth understanding about the way they use your private information such as IP numbers and Cookies they send.
     
     
4. How do we protect your personal information? 
   
   “Data Birikim, Teknoloji ve Yatırım A.Ş.”, takes the most appropriate and advanced technological security precautions necessary to prevent illegal and unauthorized access, modification, conversion or destruction of your personal data.
   • Your personal information which you have declared via Kimboo’s Profile Creation Form, will be encrypted and recorded to the servers protected by Kimboo's advanced technology. Other than our authorized "Data Supervisor"s, who are obliged to protect data and prevent illegal processing and access, it is not possible for others to access your information and only you can see them in your Kimboo account.
   • Only your "Name" is reflected to your Kimboo profile and your "Last Name" is kept confidential. Additionally, as part of your game profile your age, zodiac sign and the city/country you are located which are retrieved according to your login information, is made visible to other players. Yet, even if you have friends in the game, information such as who your Kimboo friends are, who you are following, your presence and activities within the game are also kept confidential. (FAQ)
   • In order for players to get to know each other more swiftly, Kimboo allows users to compare their answers with other players one by one. For this purpose your answers to mutual questions with other players are made visible to them. If you wish to hide your answers, you can do this through Kimboo's Settings page. When you chose to hide your answers, you will not be able to see other players' answers either.(FAQ)
   • To facilitate social discovery further, Kimboo has a Home page where Users are shown feeds of various activities of the players they are following. The activities that are reflected to the Home page feed are:
     • Answers of questions given by followed players,
     • Links to uploaded videos (stories) within Kimboo of followed players,
     • Pictures that are added as part of their profile by followed players,
     • The questions that are uploaded and published upon moderation.
   • If you wish to disable others from seing your answers in their Home page feeds, you can do this through Kimboo’s Settings page by choosing to hide your answers. When you hide your answers, your Home page feed will be inactive too; thus you will not be able to see other players’ feeds also.
   • When you purchase Karmas (which one of the features of Kimboo application) via in-app-purchase tools of releveant app stores, the purchase and all related transactions and payment is handled via App Store's or Google Play's secure payment systems, terms of use and infrastructure.
     
     
5. How do we use your personal information?
   
   
   • The Nature of Personal Information: “Personal data” is processed in various forms and turned into a trade commodity in general, while the "sensitive information" can not be processed in some legal schemes, wherein specified and its crimes are covered by the law. In Turkey, the Law No. 6698 on the Protection of Personal Data states that the data about persons "race, ethnicity, political thought, philosophical belief, religion, sect or other beliefs, appearance with costume and clothing, association, foundation or trade union membership” and their "biometric and genetic" data are considered “sensitive information” by referring them as "personal data of special nature". Data Birikim, Teknoloji ve Yatırım A.Ş. is aware of its responsibility in this matter and does not share or process the personal data of the users illegally, never asks for "private data" and also does not psersue "profiling".
     
     
   • Anonymous Data: The answers given to the questions of the game which are completely independent of the identity of the Users in the Kimboo application are "anonymous data". We may use anonymous data to:
     • Deliver and improve our products and services, and manage our business;
     • Manage your account and provide you with customer support;
     • Perform polls, research, analysis and calculate mathematical ratios, which can be transformed into social data statistics for industry analysis, marketing, statistics, advertising and other commercial purposes; and can be shared for commercial use with third parties in relation to commercial products, services, or content;
     • Develop, display, and track content and advertising tailored to your interests on our Service and other sites, including providing our advertisements to you when you visit other sites;
     • Website or mobile application analytics;
     • Communicate with you by email and/or mobile devices about products or services that may be of interest to you either from us or other third parties;
     • Verify your eligibility and deliver prizes in connection with contests etc.
     • Enforce or exercise any rights in our Terms of Use,
     • Perform functions or services as otherwise described to you at the time of collection.
     • In all circumstances, we may perform these functions directly or use a third party vendors to perform these functions on our behalf who will be obligated to use your personal information only to perform services for Kimboo. Also, if you access our Service from a third party social platform, such as Facebook, we may share non-personal information with that platform to the extent permitted by your agreement with the platform and its privacy settings.
       
       
   • Custom Ads - Permission based e-mails for marketing purposes: Data Birikim, Teknoloji ve Yatırım A.Ş. holds the right to generate personalized native advertisements within Kimboo. Additionally, by signing into Kimboo, you agree to receive commercial notices to your registered e-mail address in Kimboo as well. However, to avoid receiving these email messages, you can provide feedback to Data Birikim, Teknoloji ve Yatırım A.Ş.
     
     
   • Collaborating with Turkcell A.S. and subsidiaries: Data Birikim, Teknoloji ve Yatırım A.Ş., may share various anonymous data with Turkcell İletişim Hizmetleri A.Ş. (NYSE - TKC) and/or any of Turkcell’s subsidiaries in accord with relevant rules and regulations.
     
     
6. Duration of keeping your personal information: 
   
   The information you create in your Kimboo account is kept as long as you want to take advantage of the service provided. If you want to quit Kimboo, you can always delete your account from the "Settings" page in the application. When you delete your account, your personal data are kept passive on servers of Data Birikim, Teknoloji ve Yatırım A.Ş. in case of any legal disputes in the future. If you freeze your Facebook, Gmail or Apple account and remove the authority you gave to Kimboo, you will not be able to log in to the game and benefit from Kimboo services. All previous information is kept in the system passively. Yet, if you reactivate and re-register with Kimboo with the same account, you can go on playing from where you left the game. However, if you register with a new Facebook, Gmail or Apple profile or GSM number, Kimboo will treat you as a new player.
   
   
7. Limitations of Liability: 
   
   In case of a request from competent authorities during a criminal investigation or prosecution in accordance with the applicable legislation in force, we must disclose personal information of the related person. Data Birikim, Teknoloji ve Yatırım A.Ş. is not responsible for:
   • The privacy policies of third party websites which might be accessed via the links given on the gokimboo.com,
   • Damages arising from the occurrence of personal data due to breakdowns, maintenance and interruptions that may arise in the country's technological infrastructure services, corporate mergers or acquisitions, legally compelling reasons, judicial and administrative interventions, and cyber-attacks,
   • Breaches of privacy and possible harm which may occur in the event that your device has been compromised or your private information is illegally used when signing up to Kimboo (identity theft, hacking etc.) or damages because of changes on your Facebook, Gmail or Apple accounts, their respective privacy statements, are deemed purely as your own or 3rd parties' negligence or fault,
   • The protection of your personal data is of course not only entrusted to Kimboo, but as a user you must be careful when you share information with other users and using the application.
     
     
8. Google Assistant:
   
   Users who sign up and log into the Kimboo via Google LLC’s (Google) voice assistant platform Google Assistant (hereinafter “Assistant”) are deemed to have read and accepted this Privacy Statement, which is an integral part of Kimboo’s Terms of Use.

   The clauses of this Privacy Statement apply fully in relation to the information gathered within Kimboo on Assistant.
   
   

9. Privacy Statement updates:

Privacy Statement - - Version 2.0 - November 14th, 2020