1. Introduction

Welcome to Yoga Square. At Marsby Teknoloji A.S. (\"Company\", \"we\", \"our\", \"us\"), we are committed to protecting your personal information and your right to privacy. This Privacy Policy outlines the types of information we collect, how we use, disclose, and protect that information, and your rights regarding your personal data. By using our services (\"Yoga Square App\"), you agree to the collection and use of information in accordance with this Privacy Policy.

2. Information We Collect

2.1. Personal Information

We collect personal information that you voluntarily provide to us when you register on the App, express an interest in obtaining information about us or our products and services, when you participate in activities on the App, or otherwise when you contact us. This includes, but is not limited to:

• Account Information: Name, email address, password, profile picture, gender, date of birth, and contact details.

• Yoga Classes: Information related to your participation in yoga classes, including your progress, preferences, and feedback.

• Social Interactions: Content of messages, images, videos, polls, comments, and any other materials you upload or share through the App.

• Payment Information: Billing address, credit card information, and transaction history for any purchases made within the App.

2.2. Non-Personal Information

We also collect non-personal information that does not directly identify you. This may include:

• Usage Data: Information on how you access and use the App, such as device information, IP address, browser type, operating system, app settings, and activity logs.

• Cookies and Tracking Technologies: We use cookies, web beacons, and similar technologies to collect information about your interactions with our App and services.

3. How We Use Your Information

We use the information we collect for various purposes, including:

• To Provide and Improve Our Services: We use your personal information to operate, maintain, and improve our App, ensuring that you have the best possible experience.

• To Personalize Your Experience: We may use the information you provide to customize your experience on the App, such as recommending classes, blog posts, and social interactions that match your interests.

• To Process Transactions: We use your payment information to process your payments for any purchases made through the App.

• To Communicate with You: We may use your contact information to send you updates, newsletters, marketing communications, or to respond to your inquiries.

• To Ensure Security and Compliance: We use your information to monitor and improve the security of our App, detect and prevent fraud, and comply with legal obligations.

4. Disclosure of Your Information

We do not share your personal information with third parties except in the following circumstances:

• Service Providers: We may share your information with third-party service providers who assist us in providing our services, such as payment processors, hosting services, and analytics providers.

• Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).

• Business Transfers: In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred to the new owner as part of the transaction.

• With Your Consent: We may disclose your information to other third parties with your consent or at your direction.

5. Your Rights and Choices

5.1. Access and Update Your Information

You have the right to access, correct, or delete the personal information we hold about you. You can update your account information directly within the App or by contacting us at [email protected].

5.2. Opt-Out of Marketing Communications

You can opt-out of receiving marketing emails from us by following the unsubscribe link provided in those emails. Please note that you may still receive non-promotional emails from us, such as those related to your account or ongoing transactions.

5.3. Data Portability and Erasure

In certain circumstances, you have the right to request that we provide you with a copy of your personal data in a structured, commonly used, and machine-readable format, or to request that we delete your personal data. To exercise these rights, please contact us at [email protected].

6. Data Security

We take the security of your information seriously and use a variety of technical and organizational measures to protect your personal data from unauthorized access, use, disclosure, alteration, or destruction. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure, and we cannot guarantee its absolute security.

7. International Data Transfers

Your information, including personal data, may be transferred to and maintained on servers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those in your jurisdiction. If you are located outside Turkey and choose to provide information to us, please note that we transfer the data, including personal data, to Turkey and process it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

8. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Once the retention period expires, your personal data will be securely deleted or anonymized.

9. Children’s Privacy

Our App is not intended for use by individuals under the age of 16. We do not knowingly collect personal information from children under 16. If we become aware that we have collected personal information from a child under 16 without verification of parental consent, we will take steps to delete that information from our servers.

10. User-Generated Content and Social Media Features

10.1. Content Provided by Users

Our App allows users to create, post, and share content, including but not limited to photos, videos, comments, texts, opinions, polls, and other materials (\"User-Generated Content\" or \"UGC\"). By posting UGC on or through our App, you grant Marsby Teknoloji A.S. a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the App and Marsby Teknoloji A.S.’s business, including for the promotion and redistribution of part or all of the App (and derivative works thereof) in any media formats and through any media channels.

10.2. User Responsibility and Legal Compliance

You are solely responsible for the UGC you post, share, or otherwise make available through the App. You must ensure that your UGC does not violate any applicable laws, infringe on the intellectual property rights of others, or contain unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or otherwise objectionable content. By posting UGC, you represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use all UGC you provide in the manner contemplated by the App and this Privacy Policy.

10.3. Monitoring and Moderation

While we do not have an obligation to monitor UGC, we reserve the right, in our sole discretion, to review, edit, refuse to post, or remove any UGC that violates our policies or is otherwise objectionable. We also reserve the right to terminate your access to the App for posting or sharing such content.

10.4. Intellectual Property Rights

All UGC provided by users remains the intellectual property of the respective users. However, by submitting UGC to the App, you grant Marsby Teknoloji A.S. the right to use, modify, publicly perform, publicly display, reproduce, and distribute such content. You also agree that we may remove or refuse to post any UGC at our sole discretion.

10.5. Third-Party Content and Links

Our App may contain links to third-party websites or services that are not owned or controlled by Marsby Teknoloji A.S. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Marsby Teknoloji A.S. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

10.6. Reporting Violations

If you believe that any UGC violates your intellectual property rights, other rights, or our policies, you can report it to us by contacting [email protected]. We will investigate the complaint and take action where appropriate, including removing the offending content.

10.7. Privacy of User-Generated Content

UGC that you post on public areas of the App, such as forums, comments, or other interactive features, may be viewed by other users. We cannot control how other users or third parties may use your UGC once it is made public. Therefore, you should not post any sensitive or personal information that you do not want to be publicly available.

10.8. Retention of User-Generated Content

We may retain UGC for as long as necessary to fulfill the purposes outlined in this Privacy Policy, including the rights you grant us to use your content, or as required by law. However, we do not guarantee that any UGC will be retrievable after it is deleted or removed from the App.

10.9. Liability for User-Generated Content

Marsby Teknoloji A.S. disclaims any and all liability for UGC posted by users. You agree to indemnify, defend, and hold harmless Marsby Teknoloji A.S., its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in any way connected with UGC you post or share through the App.

10.10. No Claim to Rights or Compensation

By submitting User-Generated Content (UGC) to the Yoga Square App, users agree that they relinquish any claim to rights, royalties, or compensation related to their content. Marsby Teknoloji A.S. has full rights to use, modify, distribute, and display the UGC as outlined in this policy without any obligation to provide compensation or recognition to the user. Users acknowledge that they retain ownership of their content but grant Marsby Teknoloji A.S. a perpetual, irrevocable, worldwide license to utilize the content in any manner deemed appropriate by the Company, including but not limited to marketing, promotional activities, and redistribution across different media platforms.

11. Zero Tolerance for Illegal Content

Marsby Teknoloji A.S. has a zero-tolerance policy for illegal content, including but not limited to child pornography, and any user who posts or shares such content will have their account terminated immediately. Furthermore, Marsby Teknoloji A.S. will cooperate with law enforcement authorities, providing any necessary information or assistance to help identify and prosecute individuals responsible for such activities. The company disclaims any responsibility or liability for the content posted by users and will take all necessary steps to remove such content and prevent future occurrences.

11.1. Child Sexual Abuse Material (CSAM)

Any form of content that involves or depicts the sexual exploitation or abuse of minors. This includes but is not limited to images, videos, texts, or any digital media depicting or suggesting such abuse.

11.2. Terrorist Content

Content that promotes, incites, or glorifies terrorist activities or violence, including materials that encourage others to participate in terrorist activities or recruitment efforts.

11.3. Hate Speech

Any content that promotes, incites, or expresses hatred, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.

11.4. Incitement to Violence

Content that encourages, promotes, or glorifies acts of violence or harm towards oneself or others.

11.5. Human Trafficking and Exploitation

Content that facilitates or promotes human trafficking, exploitation, forced labor, or other forms of modern slavery.

11.6. Drug Trafficking and Abuse

Content that facilitates or promotes the illegal sale, distribution, or use of controlled substances or drugs.

11.7. Fraudulent and Misleading Content

Content that involves or promotes scams, financial fraud, or other deceptive practices intended to mislead users.

11.8. Pirated Content

Content that involves the unauthorized distribution or sharing of copyrighted materials, including software, music, videos, and other intellectual property.

11.9. Phishing and Cybersecurity Threats

Content that facilitates or promotes phishing attacks, malware distribution, or other cybersecurity threats intended to harm users or compromise their personal information.

12. Enforcement Actions and Cooperation with Authorities

If any user posts or shares illegal content as defined above, Marsby Teknoloji A.S. will take the following actions:

• Immediate Account Termination: The user's account will be terminated immediately, and they will be permanently banned from accessing the Yoga Square App.

• Content Removal: The illegal content will be swiftly removed from all accessible areas of the App. Marsby Teknoloji A.S. will take necessary steps to ensure that such content is not redistributed or accessible through any means within the App.

• Notification and Reporting: Marsby Teknoloji A.S. will notify relevant law enforcement authorities of the illegal activity and provide all necessary information, including the user's account details, IP addresses, and any other relevant data, to assist in the identification and prosecution of the individual responsible.

13. Legal Disclaimer and User Responsibility

13.1. Content Liability

Marsby Teknoloji A.S. disclaims any responsibility or liability for content posted by users within the Yoga Square App. Users are solely responsible for the content they post, share, or distribute through the App.

13.2. Content Moderation

While Marsby Teknoloji A.S. reserves the right to monitor, review, and remove content that violates our policies or applicable laws, the company does not assume any obligation to actively monitor all user-generated content. Users should understand that they use the App at their own risk and are responsible for ensuring that their content complies with all legal requirements and community standards.

13.3. User Reporting

Marsby Teknoloji A.S. encourages users to report any content they believe violates this policy or applicable laws. Reports will be reviewed promptly, and appropriate actions will be taken in line with the company's zero-tolerance policy.

13.4. Cooperation with Investigations

Marsby Teknoloji A.S. will fully cooperate with law enforcement agencies in any investigation involving illegal content posted or shared through the Yoga Square App. This includes providing access to user data, communication logs, and any other relevant information required for the investigation.

14. Retention of Rights and Amendments

14.1. Rights Retained

Marsby Teknoloji A.S. retains the right to enforce its zero-tolerance policy and take any necessary legal action against users who violate these terms, including seeking damages, pursuing criminal charges, and taking other measures permitted by law.

14.2. Policy Amendments

Marsby Teknoloji A.S. reserves the right to amend or update this policy at any time. Any changes will be effective immediately upon posting the updated policy on the App. Continued use of the App constitutes acceptance of the updated terms.

15. Amendments to User-Generated Content Policy

Marsby Teknoloji A.S. reserves the right to amend or update this User-Generated Content policy at any time. Any changes will be effective immediately upon posting the updated policy on the App, and your continued use of the App constitutes your acceptance of the new terms.

16. User Conduct and Responsibilities

16.1. Prohibited Conduct

Users are strictly prohibited from engaging in the following activities on the Yoga Square App:

• Harassment or Abuse: Sending, posting, or sharing content that is abusive, threatening, defamatory, or harassing to other users.

• Hate Speech and Discrimination: Sharing content that promotes hatred or discrimination based on race, ethnicity, gender, sexual orientation, religion, or other protected characteristics.

• Pornographic or Explicit Content: Sharing, posting, or sending any form of pornography, sexually explicit content, or content that violates applicable laws related to obscenity.

• Violence or Threats: Promoting, inciting, or threatening violence against any individual or group.

• Illegal Activities: Engaging in or promoting any activities that are illegal under Turkish law or the law of any applicable jurisdiction.

• Impersonation or Fraud: Misrepresenting your identity or affiliation with any person or organization, or engaging in fraudulent activities.

• Unsolicited Messages (Spam): Sending unsolicited or unauthorized messages, advertisements, or promotional materials to other users.

16.2. Responsibility for Private Messages

The Yoga Square App provides users with the ability to send private messages to each other. While these messages are intended to facilitate communication and interaction, users are solely responsible for the content of their private messages. Marsby Teknoloji A.S. does not actively monitor private messages and is not responsible for any content shared in private messages, including but not limited to offensive, harassing, or explicit content.

16.3. Reporting Misconduct

If you encounter any content or behavior that violates these terms, you are encouraged to report it to us immediately. We will review all reports and take appropriate action, which may include removing the offending content or terminating the accounts of users who violate our policies.

16.4. No Liability for User Conduct

Marsby Teknoloji A.S. is not responsible or liable for the conduct of any user on the App, including but not limited to content posted, messages sent, or any interactions between users. By using the App, you agree that you use the platform at your own risk and that Marsby Teknoloji A.S. shall not be held responsible for any damages, losses, or harm arising out of user interactions, whether online or offline.

16.5. Content Moderation and Removal

While Marsby Teknoloji A.S. reserves the right to monitor, review, and remove content that violates our policies, we do not assume any obligation to do so. Content may be removed without prior notice at our sole discretion. However, users are ultimately responsible for ensuring that their content complies with all applicable laws and our policies.

16.6. Indemnification

You agree to indemnify, defend, and hold harmless Marsby Teknoloji A.S., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the App, your conduct, or your violation of this policy, including but not limited to:

• Any UGC you post, share, or otherwise make available through the App.

• Any content you send via private messages.

• Any interaction or dispute with other users of the App.

16.7. Termination of Accounts

Marsby Teknoloji A.S. reserves the right to suspend or terminate your account without notice if you violate this policy or engage in any behavior that we determine, in our sole discretion, to be harmful to other users, the App, or our business interests.

16.8. Disclaimer of Warranties and Limitation of Liability

To the fullest extent permitted by law, Marsby Teknoloji A.S. disclaims all warranties, express or implied, regarding the App and its services, including any warranties of merchantability, fitness for a particular purpose, and non-infringement. Marsby Teknoloji A.S. shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or related to your use of the App or interactions with other users.

17. Amendments to User Conduct Policy

Marsby Teknoloji A.S. reserves the right to amend or update this User Conduct policy at any time. Any changes will be effective immediately upon posting the updated policy on the App, and your continued use of the App constitutes your acceptance of the new terms.

19. Compliance with Apple App Store and Google Play Store Policies

19.1. App Store and Play Store Compliance

Yoga Square is available for download on both the Apple App Store and Google Play Store. By downloading or using the Yoga Square App from these platforms, you agree to comply with all applicable terms and conditions of the respective app stores. This includes, but is not limited to, adhering to the App Store Review Guidelines set forth by Apple and the Google Play Developer Policies. Your continued use of the Yoga Square App indicates your acceptance of these additional terms.

19.2. Third-Party Platform Requirements

Yoga Square is distributed through third-party platforms, namely the Apple App Store and Google Play Store. These platforms may have their own privacy policies, data processing terms, and end-user agreements that are separate from this Privacy Policy and Terms of Service. By using Yoga Square, you acknowledge and agree that Marsby Teknoloji A.S. is not responsible for the privacy practices, data processing, or terms of use of these third-party platforms.

19.3. In-App Purchases and Subscriptions

If you make any in-app purchases or subscribe to any services through Yoga Square, such transactions will be processed through the Apple App Store or Google Play Store, depending on the device you are using. Please be aware that these transactions are subject to the terms and conditions of the respective platform, and Marsby Teknoloji A.S. is not responsible for any errors, delays, or issues that may arise during the processing of payments on these platforms. For any disputes or inquiries regarding payments, you should contact Apple Support or Google Play Support directly.

19.4. Refunds and Cancellations

Refunds for in-app purchases or subscriptions are handled according to the refund policies of the Apple App Store and Google Play Store. Marsby Teknoloji A.S. does not have the ability to process refunds directly and is bound by the policies of these platforms. If you wish to request a refund, you must do so through the appropriate platform (Apple App Store or Google Play Store). We recommend reviewing their respective refund policies before making any purchases.

19.5. Updates and Availability

Yoga Square may offer updates or modifications to the App through the Apple App Store and Google Play Store. Marsby Teknoloji A.S. is not responsible for any delays in the availability of updates or modifications due to platform-specific review processes. Users are encouraged to enable automatic updates on their devices to ensure they have the latest version of the App, as continued use of outdated versions may result in reduced functionality or security vulnerabilities.

19.6. Termination and Suspension

Marsby Teknoloji A.S. reserves the right to terminate or suspend your access to the Yoga Square App through the Apple App Store or Google Play Store if you violate the terms of this Privacy Policy, the Terms of Service, or the platform-specific policies of Apple or Google. In such cases, the termination or suspension of your account will be governed by the terms and conditions of the respective app store.

20. Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at:

Marsby Teknoloji A.S.

Address: Mustafa Kemal Mahallesi Bilişim İnovasyon Merkezi ODTÜ Teknokent 280, D:G, 06510 Çankaya

Email: [email protected]

Website: www.themarsby.com