You shall be deemed to have accepted this agreement and policies referenced hereunder in case you download the TalentChoice mobile/web application (“TalentChoice”) that is described under Article 2 of TalentChoice Software User Agreement (“Agreement”), update the application or use it over the internet site or by any other means. Please read this agreement and policies referenced under the agreement in order to get informed about conditions on using TalentChoice.
This Agreement has been executed by and between the person who downloads TalentChoice mobile/ web application (“TalentChoice”) to his/her device, update such application or use the application by any means whatsoever (“User”) and TALENTCLB Insan Kaynaklari Yonetim ve Gelistime Hizmetleri Ticaret A.S. domiciled at Maslak Mah. Aos 55. Sokak No: 2 Ic K. No: 261 34398 Sariyer, Istanbul address (“TalentCLB”) (collectively referred to as “Parties”).
Apple Inc., the owner and operator of Appstore is not a party to this agreement and shall not assume any responsibility about this agreement.
Parties agree that terms used in this Agreement shall have the following meanings:
TalentChoice refers to the commercial product brand of an information platform developed by TalentCLB, having third-party information and administration constituents as well as determination, analysis, training, inquiry functions and generating other solutions.
TalentChoice is used online over servers selected by TalentCLB and allows amendment of contents aimed at supporting consultancy, training, analysis services.
It means the function, interface, mobile device web-based platform and application with training, consultancy, monitoring and reporting function in connection with labour, talent and human resources management and know-how and method contents offered under this trademark for running over browser and mobile devices, and access over the sub-domain and/or internet address to be specified by TalentCLB.
Customer means employer, sponsor, main employer of the Corporate User who receives services under this agreement, and refers to the third-party external organization and institution with the power to cancel, suspend or create Corporate User Accounts.
User means a person who downloads the TalentChoice mobile/ web application to device, makes updates in connection with the application and uses the application by any means whatsoever; there are three types of users for TalentChoice which are Corporate, Individual and Administrator; all conditions under the Agreement apply to three users unless otherwise specified in the Agreement.
Corporate User means each user in the user group that consists of employees within the organizations and institutions that are in contractual relationship with TalentCLB. It means each user within the user group that consists of employees the Customer that acts in the capacity of the contact person of Corporate User authorizes as Administrator. All users beyond these definitions are considered as Individual User.
User Account means User-specific application account that is accessed with the user name and password for which the User completes the required procedures and works for benefiting from the services offered through TalentChoice; is able to access through services upon updating information and guarantees to use exclusively.
Third Party Constituents means all information, methods, questions- answers and other significant constituents TalentCLB will use to increase the efficiency of the service provided with TalentChoice within the framework of this Agreement
Intellectual Property Rights refers to all materials including trademarks, patents, utility models, designs, inventions, copyrights, domain name, mobile application, logo, icon, business model, research and development works, software, software updates, software errors, software upgrades, software names, prototypes, programs, designs, tests, presentations, graphics, help files, reports, business plans, strategies and methods, advertisements, data on analyses and analyses methods, trade secrets, know-how, whether protected under the law or not, (“Materials”).
Confidential Information means all kinds of non-public written or verbal information or documents including but not limited to documents TalentCLB and Customers, employees, subsidiaries, direct or indirect service providers, advisors, representatives and other authorized representatives thereof disclose to each other in writing or any other visible format (including digital documents, records, data, etc.); any information or know-how whether marked as “Confidential” or not; information that comes to the knowledge of parties about each other or employees or Customers of each other due to legal relationship established, reports, industrial and intellectual information, figures, product prices, technical information.
Personal Data means all kinds of information that is related with an identified or identifiable real person.
Data Policy means TalentCLB Policy on Protection and Processing of Personal Data that is available at www.talentclb.com
Subject of this Agreement is to stipulate rights and obligations of parties and conditions of benefiting from the service TalentCLB will provide to Corporate User via TalentChoice (TM) subject to its intellectual rights and right to commercial use, in accordance with services demanded and paid by the Customer.
This agreement shall remain in effect as long as TalentChoice is used by the User, remains installed in the device and updated.
5.1.1. User should forward personal information and a request for creation of an account, to TalentCLB in order to create a User Account so the User benefits from services offered within the scope of this Agreement, and subsequently, User Account should be created upon acceptance of the request by TalentCLB. User shall not have User rights and powers defined in this agreement unless and until the process of creating User Account is completed.
5.1.2. TalentCLB shall be entitled to terminate this agreement unilaterally with immediate effect without showing any good reason, serving any notification and being obliged to pay indemnity; terminate User Account or suspend it temporarily. Decision to terminate the agreement, terminate and suspend the User Account as specified in this article may be applied at absolute discretion of TalentCLB.
5.2.1. User should forward personal information and a request for creation of an account, to TalentCLB in order to create a User Account so the User benefits from services offered within the scope of this Agreement, and subsequently, User Account should be created upon acceptance of the request by TalentCLB. User shall not have User rights and powers defined in this agreement unless and until the process of creating User Account is completed.
5.2.2. Corporate User agrees that TalentChoice is a platform bringing Users authorized by the same Customer together, and actions taken over the User Account may be viewed by the other concerned persons and the relevant Customer.
5.2.3. Corporate User represents, agrees and covenants that TalentCLB is not responsible for information, documents and photographs that will be uploaded to the User Account by the relevant Administrator User.
6.1.1. Under no circumstances, the User shall transfer or assign rights and obligations under this agreement.
6.1.2. Apple Inc., owner of the Apple Store (Application Store) is not responsible for services provided in this Agreement.
6.1.3. Support and maintenance services arising from the use of TalentChoice by the User in accordance with this Agreement shall be borne by TalentCLB and subsidiaries thereof.
6.1.4. User should have a device supporting the latest version of IOS (Operating System) in order to use TalentChoice over mobile device in accordance with this Agreement. On the contrary, he/she represents, agrees and covenants that TalentCLB shall not be held responsible for any problem related with the use of TalentChoice.
6.1.5. Services offered to the User via TalentChoice in accordance with this Agreement contains 3rd party constituents. TalentCLB is entitled to make modifications in such contents.
6.1.6. User represents, agrees and covenants that information on each User Account solely belongs to the account holder; utilization of such information by others would breach the agreement and any loss or damage that may arise from any contrary act shall be borne by the User.
6.1.7. User represents, agrees and covenants that security of the user name and password used to access TalentChoice User Account shall be established; they shall be used solely by the User who shall also keep their confidentiality and avoid disclosure to third persons.
6.1.8. User represents, agrees and covenants that he/she shall be responsible for any loss or damage that is suffered or may be suffered by other Users, TalentCLB and third persons due to any negligence and omission in connection with the security of user name and password, avoid disclosure to third persons and act as exclusive user of such information.
6.1.9. User represents, agrees and covenants that information and contents uploaded in TalentChoice are true, accurate and in compliance with the law; publishing such information and contents over TalentChoice shall not be in breach of the law in accordance with the applicable legislation.
6.1.10. TalentCLB is not obliged to validate accuracy of information forwarded by the User or uploaded, edited, provided in TalentChoice by TalentCLB, and accuracy of such information contents; and it is not obliged to guarantee or undertake security, accuracy and legal compliance of such information and contents.
6.1.11. User represents, agrees and undertakes to use TalentChoice solely for objectives that follow the law. User shall assume criminal and legal responsibility in all acts that are performed in TalentChoice.
6.1.12. User agrees and represents not to duplicate, copy, distribute, process any Confidential Information, images, texts, audio and visual contents, video clips, files, databases, catalogues and lists in a manner breaching rights in kind or personal rights, property of Talent CLB or any other third person, or use them in a manner breaching the spirit of this agreement; not to enter into direct or indirect competition with TalentCLB through such acts or by any other way whatsoever.
6.1.13. User represents, agrees and covenants not to disclose any confidential information described under article two of this agreement to any 3rd real and legal person.
6.1.14. User represents, agrees and covenants that TalentCLB shall not be held responsible for any direct or indirect loss or damage each User suffers or may suffer due to activities carried out over TalentChoice in breach of provisions under this agreement and the law.
6.1.15. User represents, agrees and covenants that user is entitled to disclose confidential/ private information about users to official authorities in case official authorities duly request any User information when TalentCLB is obliged to disclose information to official authorities in accordance with the governing legislative provisions.
6.1.16. TalentCLB is entitled to control messages, contents that are in breach of TalentChoice’s operating procedures, the law, rights of others, contractual conditions, general ethical rules, at any time or remove them from access; TalentCLB is entitled to suspend or terminate the Account of any user that access to such message and content, without serving any notification.
6.1.17. In any case, User agrees, represents and undertakes that TalentCLB’s liability shall not exceed TRY 1,000 in accordance with this agreement.
6.2.1. Corporate User agrees, represents and covenants to avoid any act that would breach the law and cause receipt of complains from the other Users, by using the feature for sending messages to other Users who are contacted in the application.
6.2.2. Corporate User represents and agrees that Customer is entitled to suspend, cancel and terminate TalentChoice User Account without serving any notification, warning or providing information.
6.2.3. Corporate User agrees that TalentCLB and any subsidiary thereof are not responsible for any gift, reward and similar awards offered in TalentChoice.
6.3.1. Administrator User represents, agrees and covenants that he/she shall not access to TalentChoice within the scope of the authorization after Customer grants authorization.
7.1. TalentCLB processes personal data of Users while providing services over TalentChoice in accordance with this Agreement. TalentCLB obtains personal data of the User from external organizations and institutions that are employer of the Corporate User and also customer of TalentCLB in order to create User Account for Corporate Users of TalentChoice. TalentCLB is entitled to process the aforementioned personal data and personal data disclosed by the User upon authorization of access to TalentChoice, or transfer them domestically or internationally provided that such processing and transfer shall be in compliance with the Personal Data Protection Law No. 6698, procedures and principles under the applicable legislation and in connection with the objective of processing under the Data Policy.
8.1. TalentCLB is the sole owner of all Materials including but not limited to the technology, content, upgrades, updates, development requests, feedback, recommendations related with the service offered under the Agreement or any other information provided by the relevant User in connection with the product or service and all kinds of products or services that will be developed with such information and all rights, ideas and right to permitted use including all intellectual property rights.
8.2. Name, logo of services undertaken by TalentCLB under this Agreement and associated product names are owned by either TalentCLB or third persons and this Agreement does not grant User any right or licence/ permit in connection with using them.
8.3. None of the Materials available in TalentChoice including codes and software may be modified, copied, duplicated, converted into another licence, republished, uploaded to another computer, posted, forwarded, offered or distributed without obtaining prior consent and showing the source. A part or all of the Mobile Application cannot be used in any other internet site or mobile application, without obtaining permission. Acting contrary leads to legal and criminal liabilities.
TalentCLB is entitled to amend this agreement unilaterally at its absolute discretion by announcing in TalentChoice. Amended provisions of this Agreement shall take effect on the date of notification and the remaining provisions shall remain in effect and continue leading to consequences of valid provisions.
Services offered by TalentCLB within the scope of this Agreement may be subject to restrictions, delays in internet and electronic communication and other problems. TalentCLB shall not be held responsible in case of any force majeure event (flood, terrorism, storm, lightning strike, state of emergency, martial law, earthquake, etc).
Turkish laws shall apply to interpretation and performance of this agreement, and management of legal relationships arising from this agreement provided that rules on conflict of laws are excluded in case there is a foreign party. Any dispute that arise or may arise from this agreement shall be referred to exclusive jurisdiction of Istanbul Courts and Enforcement Offices.