As Podear Limited (“Podear” or “Company”), we have prepared the following information note for you, acting in the capacity of a Data Controller, under the Law No. 6698 on Personal Data Protection.We wish to inform you of the collection, processing, storage, and transfer of your personal data and of your rights, in order to fulfill our obligations under the Law on Personal Data Protection.
For the purposes of this Agreement:
Personal Data means any information relating to an identified or identifiable natural person;
Law on Personal Data Protection means the Law No. 6698 on Personal Data Protection, which took effect upon publication in the Official Gazette on 7 April 2016;
Data Processor means any natural or legal person who processes personal data on behalf of a Data Controller under the authority granted by the Data Controller; and
Data Controller means any natural or legal person who determines the purposes and means of processing Personal Data and is responsible for the establishment and management of a data recording system.
Poddy is mainly a podcast, social media, and entertainment app developed by Podear Limited.
Under the Law on Personal Data Protection, the “Data Controller” is Podear Limited (“Podear” or “Company”), registered under the company number 14273148 and headquartered at 1401 Ave. Unit 105, Wilmington Delaware 19806, USA.
Your personal data specified below is processed with the express consent you have granted by downloading the Poddy app, for the purposes of fulfilling our legal obligations under Articles 5(2) and 6(2) of the Law on Personal Data Protection, as well as our other legal obligations, or concluding or performing an agreement.
With the Poddy app, Podear offers you services mainly for a podcast, social media, and entertainment app. Podear collects and processes your personal data in order to allow you to create personalized spaces in this app and any other apps it will release, including during the testing and demo phases; to enable these apps to give you special suggestions, the reminders you have set, and standard reminders based on your stages of use, offer you personalized discounts, provide you with personalized practical information, give you album suggestions through the audio, video, and photo gallery you will create, serve as an archive/log/notebook where you will enter data; to allow you to track your processes retrospectively using the data you have entered; and to send personalized purchasing suggestions, announcements, and notifications.
Podear also collects and processes your personal data for several operations, including customer relations management; customer satisfaction; requests and complaints; responding to and following up on these requests and complaints; subscription; agreements; gifts; contests; offers; promotions; advertisements; notifications about the use of the app and products/services; invoicing and accounting transactions; carrying out all communication activities to keep you informed of offers, discounts, gifts, and contests about the app and products/services; ordering; tracking and carrying out payment and customer services/support processes; return processes; archiving; backup and storage for legal and other processes; strategy planning; providing information to relevant institutions and persons, if requested under the law; tracking legal procedures; strategic developments; carrying out engagement and loyalty processes; business continuity; compliance with the legislation; product/service/market analysis; risk management; audit; intermediary company and supply chain processes; operational security and information security businesses carried out by the data controller; carrying out engagement/loyalty processes regarding products and services; all kinds of marketing practices and processes; operational procedures regarding the use of the app and products/services; and ethical approach and positioning activities.
Podear processes your personal data on the basis of legal reasons explicitly stated in the Law on Personal Data Protection, including fulfilling its legal obligations as the data controller, establishing a direct relationship by concluding and performing an agreement, meeting the requirement of processing data in accordance with the agreement, protecting the legitimate interests of the data controller and creating, amending, granting, and protecting a right without violating the fundamental rights of the users of the app, and complying with the official requests and electronic documents submitted by judiciary bodies for warnings, lawsuits, and administrative and other procedures regarding disputes.
Podear also processes your personal data with your express consent, granted with the Express Consent Form, in cases that are not included among the legal reasons above.
In this app, personal data and special category data refer to any data that relates to you or one of your family members or that relates to somebody else but is entered by you. Only the consent of the application user shall be sought for the collection of any data entered by the application user relating to other individuals, such as family members, minors, divorced spouses, children of whom they do not have custody, or non-family members, and the responsibility for notifying these individuals and obtaining their consent, if necessary, shall lie with the user.
Podear collects various pieces of static and dynamic data from Users through the methods specified below. The data collected by Podear depends on the services and features used by Users.
The data collected and processed by Podear are collected by means of the profile details you will enter when you download the app; the areas you will fill in to use tracking/reminder/suggestion services; your audio and video recordings, photos, subscription forms, applications, and requests; agreements; offers; surveys; additional forms you may fill out depending on your preferences; third-party browsers, websites, and social platforms (the websites of Podear and Poddy, other websites, browsers such as Google, and social platforms such as Instagram, Facebook, and Twitter) using cookies; call center calls and records; email correspondence; messages; customer software such as CRM and SAP; surveys and contests in which you participate; electronic and mobile devices that you use; device IMEI numbers; device MAC addresses; computer screenshots; telecommunications infrastructure; and information security systems.
In this clause, groups of data that are processed for the Products/Services offered by Podear and are deemed personal data under the Law on Personal Data Protection are listed below. Unless otherwise expressly stated, the terms “personal data” and “special category data” used in the terms and conditions in this Information Note refer to the following categories:
Name and Contact Details: Name, Surname, mobile phone number, home/work landline number, fax number, email address, residential address, work address, billing and delivery addresses, Identification Number (national identification number), passport number.
Contact and Authentication Details: Subscription details of users, passwords used to verify the identity and access the account, username, contact details, user numbers, IP address, app/website and server login and logout details, traffic details, connection time and user habits data, and call center records, if any.
Demographic and Health Data: Date, time, and place of birth, zodiac sign, age, gender, blood type, health data (medical history, medications, reports, imaging results, etc.), laboratory results, medication follow-up notes, prescriptions, diseases, health records, logbooks, appointments, notes, retrospective archives, and similar data.
Location Data: It includes data about the precise and approximate location of users. Any location data obtained using GPS data and IP and port addresses is processed in the event that the user wishes to search for content around their location on their electronic and/or mobile device while using the Podear mobile app or any other third-party app, and gives consent to the processing of this data.
Payment Data: Billing, payment, delivery, and return details of the subscriber (name, surname, billing address, national identification number, passport number, account number, bank details, IBAN number, encrypted credit card details), invoices sent, and receipt samples of payments made by subscribers, and payment data such as payment number, invoice number, invoice amount, and invoice date.
Content Data: Subscription details, notification description, solution description, satisfaction, reason for notification, customer note, customer comments, customer ratings, app rating, subscription renewal date, content of errors displayed while the app is being used, interim notification status, interim notification, reason for calling, contests, and similar data. All kinds of content-related data, such as the content listened to/watched/consumed/produced and their categories, types, duration, and producers.
Survey Responses: Responses to periodical surveys conducted by Podear in the application, response preferences, user trends, participation preferences, as well as the means through which the surveys are conducted, and the time and duration of these surveys.
Your Personal Data may be transferred to the following parties without your express consent for the purposes set out in Articles 5(2) and 6(3) of the Law on Personal Data Protection or with your express consent under Articles 5(1) and 6(3) of the Law on Personal Data Protection for the purposes set out in the Information Note: third parties that are located in Türkiye and provide support in the fields of storage, archiving, information technology (server, hosting, software, cloud computing), social media management (such as Instagram, Facebook, Twitter, etc.), security, call center, sales, or marketing; subsidiaries that partner with and/or provide services to Podear Limited, the parent company; Podear Limited; mobile operators, business partners, suppliers, shipping companies, SMS marketing companies, and email marketing companies that provide support in the organization and promotion of other events/exhibitions/festivals held by Podear Limited; banks and financial institutions; consulting firms, official authorities, and attorneys/law firms providing support in legal matters, tax matters, etc.; companies/suppliers/software providing technology infrastructure services; and third parties, institutions, and organizations providing support in all kinds of physical and electronic/digital sales and marketing activities and in other areas related to the activities of Poddy and its parent company, Podear Limited (advertising companies that send emails and create campaigns, companies providing CRM services, etc.). The servers of Podear, which is the Data Controller, are located abroad, and its data is stored abroad. Your personal data is required to be transferred and stored abroad for the purposes stated in this Information Note.
You may submit a request to exercise your rights stated above in Turkish and in writing, by sending an email using your registered email (KEP) address, secure electronic signature, mobile signature, or another email address previously notified to the Company and registered in our system, or by any other means set out in the Communiqué No. 30356 on the Principles and Procedures for Submitting a Request to the Data Controller, issued on 10 March 2018, under Article 13(1) of the Law No. 6698 and the Communiqué on the Principles and Procedures for Submitting a Request to the Data Controller. Podear reserves the right to verify your identity before responding.
Your request must include:
You can send your written requests with the necessary documents attached to Podear Limited, which is the data controller and headquartered at “1401 Ave. Unit 105, Wilmington Delaware 19806, USA.”
You can email your requests to [email protected].
You can also email your requests to our KEP address, [email protected].
Correct and complete information and documents must be provided to us, according to the nature of your request.
Requests may be submitted by Poddy users in person or with a special power of authority given by them. Any request submitted by unauthorized individuals shall not be considered or granted.
Failure to provide the requested information or documents properly may lead to disruptions in the full and competent conduct of the investigations to be conducted by Podear upon your request. Podear represents that it shall reserve its legal rights in this case. Therefore, you must submit your request complete with the requested information and documents, depending on the nature of your request.
Your request shall be concluded within 30 (thirty) days of receipt. In the event that the process involves expenses, we shall apply the tariff set by the Personal Data Protection Board. In case your request is denied, we shall notify you of the reason for the denial in writing or electronically.
In the event that a retention period is set for your personal data in the Law on Personal Data Protection or in the relevant laws and regulations, the data must be retained for this period. If no retention period is set, we shall retain your personal data for ten (10) years in accordance with our data retention policy, current legal responsibilities, and general statute of limitations. At the end of this period, your personal data shall be erased or anonymized as required/permitted by law without any request. Your data shall be erased within thirty (30) days to the extent permitted by legal regulations upon your request, in case there is a valid reason. Requests submitted before the expiration of the period for which potential accounting, financial, dispute, litigation, and other legally required data are required to be retained under regulations and laws shall not be granted. In the event that the reason for the request is not sufficient, Podear shall notify the reason for the denial to the legal email address or postal address provided by the requester with an explanation and reasoning within thirty (30) days.
We would like to inform you about our Poddy app, offered by Podear Limited (“Podear” or “Company”), and its activities.
Once you install Poddy, which is mainly a podcast, social media, and entertainment app, you need to sign up to use the app, have the app assist you, follow up processes for yourself, your family members, or somebody else, get suggestions, record audio, create albums and photo galleries, enter contests, fill out surveys, earn Poddy loyalty points, use these loyalty points, get discounts, get offers, and get notifications, including during the testing and demo phases.
Our subscription requirements include:
We would like to stress that optional information can be used to guide you in line with your purpose in installing the app. Failure to provide this information may lead the app to mislead you or be unable to guide you accurately or fully.
The following procedures will be followed when you start using the app after agreeing to the relevant terms, start your free or paid subscription, and provide mandatory or optional information.
In this app, personal data and special category data refer to any data that relates to you or one of your family members or that relates to somebody else but is entered by you. The responsibility for any data entered by the Application User relating to other individuals, such as family members, minors, divorced spouses, children of whom they do not have custody, or non-family members, as well as for notifying these individuals and obtaining their consent, if necessary, shall lie with the User, and the consent of the User shall be sought for such data and activities.
With your express consent:
The personal data collected and processed by Podear will be collected, processed, and stored by means of the profile details you will enter when you download the app; the areas you will fill in to use tracking/reminder/suggestion services; your audio and video recordings, subscription forms, applications, and requests; agreements; offers; surveys; additional forms you may fill out depending on your preferences; third-party browsers, websites, and social platforms (the websites of Podear and Poddy, other websites, browsers such as Google, and social platforms such as Instagram, Facebook, and Twitter) using cookies; call center calls and records; email correspondence; messages; customer software such as CRM and SAP; surveys and contests in which you participate; electronic and mobile devices that you use; Device IMEI numbers; Device MAC addresses; Computer screenshots; telecommunications infrastructure; and information security systems.
Name and Contact Details: Name, Surname, Mobile phone number, home/work landline number, email address, Residential address, work address, billing and delivery addresses, Republic of Türkiye Identification Number (national identification number), passport number.
Contact and Authentication Details: Subscription details of users, Passwords used to verify the Identity and access the account, Username, Contact details, User numbers, IP address, app/website and server login and logout details, traffic details, connection time and user habits data, and call center records, if any.
Demographic and Health Data: Date of Birth, time of Birth, place of Birth, Zodiac sign, Age, Gender, Health information (medical history, medication, report, imaging results, etc.), Laboratory results, blood type, medication follow-up notes, prescriptions, diseases, health records, logbooks, appointments, notes, retrospective archives, and similar data.
Location Data: It includes data about the precise and approximate location of users. Any location data obtained using GPS data and IP and port addresses is processed in the event that the user wishes to search for content around their location on their electronic and/or mobile device while using the Podear mobile app or any other third-party app, and gives consent to the processing of this data.
Payment Data: Billing, Payment, Delivery, and Return details of the subscriber (Name, surname, billing address, Republic of Türkiye identification number [national identification number], passport number, residential and work addresses, account number, bank details, IBAN number, encrypted credit card details), invoices sent and receipt samples of payments made by subscribers, and payment data such as payment number, invoice number, invoice amount, and invoice date.
Content Data: Subscription details, notification description, solution description, satisfaction, reason for notification, follower note, follower comments, follower ratings, app rating, subscription renewal date, content of errors displayed while the Service is being used, interim notification status, interim notification, reason for calling, contests, and similar data. All kinds of content-related data, such as the content listened to/watched/consumed and their categories, types, duration, and producers.
Survey Responses: Responses to periodical surveys conducted by Poddy in the app, response preferences, user trends, participation preferences, as well as the means through which the surveys are conducted, and the time and duration of these surveys.
Gallery and Album: Editing, processing, and tagging audio recordings, personal photos/videos stored on the electronic or mobile device or created in the Poddy app, adding texts to them, and storing them on the user’s own device or on third-party data storage platforms, compiling existing or newly-created photos into an album, and suggesting them to users. Audio recordings, photos, and videos created by the user are stored on Podear’s servers.
In the event that you start using our Podear app after agreeing to our express consent form, these personal data collected, processed, and stored can be used by Poddy and Podear Limited, Poddy’s parent company, to create general and personalized advertisements, discounts, campaigns, promotions, contests, surveys, follow suggestions, and other suggestions, to give you reminders, to remind appointments, to carry out follow-up activities, to cross-sell products and services, to target users, to analyze and identify the target audience, to track user activity to improve user experience, to personalize your needs; to suggest sales/products/services, to carry out direct marketing, indirect marketing, personalized marketing, remarketing, market research, internal reporting, and customer relations management activities, to sell and market the products and services of Podear’s business partners, to create loyalty points and ensure loyalty, or to contact you; can be used in the same way in all the applications, events, exhibitions, festivals, and other activities of Podear, Poddy’s parent company; can be processed for the legal reason of “express consent” under Article 5(1) of the Law on Personal Data Protection; and can be transferred to third parties in Türkiye and abroad for the same purposes and legal reason.
Your Rights as a Data Subject Under Article 11 of the Law
These cookies and supporting software are used
While some of the cookies and supporting software are used for necessary data processing without your consent under Article 5 of the Law on Personal Data Protection, the rest is used with your consent, on the grounds that “the data processing is necessary for the legitimate interests of the data controller, provided that it does not violate the fundamental rights or freedoms of the individual,” under the same article. You can disable cookies on your browser, if you wish. Please note that if you disable cookies, some functions may not be available or work as intended. Some of the cookies (such as those related to communication preferences) can be disabled in the mobile app, while others (such as those related to the username, password, etc.) cannot be disabled as they are necessary for the app.
As Podear Limited (“Podear” or “Company”), we have prepared the following Application End-User License Agreement in order to allow you to use the Poddy app (“App” or “Poddy”) properly without any grievance.
The Podear End-User License Agreement is entered into by and between Podear and the User to set forth the terms and conditions regarding the download, installation, and use of the app, the use of in-app and external services, in-app purchases, the sale of the content created, services for supporting/donating to content, and subscription services. Any User who downloads the app and starts using it shall be deemed to have agreed to this agreement.
The Poddy app is owned by Podear Limited, registered under the company number 14273148 and headquartered at 1401 Ave. Unit 105, Wilmington Delaware 19806, US.Licenses for the App
The Poddy app and its logo, services, online and offline content, and documents, as well as all the services offered to you, including those available in the app and on social media platforms, are developed by Podear. They may not be used in any other medium without consent. They may not be quoted, reproduced, or redistributed free of charge or for profit.
Other Channels Where the Application End-User License Agreement Applies
The contractual relationship established through the app covers Poddy’s website and social media channels and all other channels where Poddy provides services, creates content, conducts campaigns, carries out social responsibility projects, and holds contests and all other events, as well as the use of the Poddy app.Agreement to the Application End-User License Agreement
If you do not agree to any article in the Podear Application End-User License Agreement, please uninstall the app on your device without agreeing to the terms and conditions. Your use of the application indicates that you agree to the Podear Application End-User License Agreement. If you do not agree to any article in the Application End-User License Agreement and/or the terms and conditions set forth herein, please uninstall the app immediately without using it.
You can email your notifications to [email protected].
The app is downloaded by the user on Google Play and Apple App Store. To download the app, you need to create an account on the relevant platform. Podear cannot be held responsible for any problem caused by the platform where you download the app. Subscription fees will be collected by the platform where you download the app, or from the credit card, the details of which you will enter. You can cancel your subscription on your mobile device, our website, or the platform where you download the app. Furthermore, you must follow the rules of the platform where you download the app.
iOS Developer Terms, Notice, and Certification
In order for the app to be available on App Store, we are required to add the following notice by Apple and obtain your consent.
You, a user of Poddy, and we, Podear, certify that this agreement has been concluded not between Apple Inc or any of the subsidiaries of Apple Inc, but between you, the User, and us, Podear.
8.2 Granting of License
Depending on and considering your compliance with the terms of the Application End-User License Agreement, Podear grants you, the user, a non-lifetime, personal, revocable, and non-transferable license to use the app or its content on a device you own or control, under the terms set out by the Poddy app and as permitted by the terms of service.
8.3 Maintenance and Support
Podear is solely responsible for providing maintenance and support for the app. You, the user, and we, Podear, certify that Apple has no obligation to provide maintenance and support services for the app.
8.4 Product Claims
You hereby agree that Podear, not Apple, is responsible for handling any claim you may make regarding the App or your possession or use of the App, including but not limited to (i) product liability claims; (ii) claims that the App does not comply with an applicable legal or regulatory requirement; and (iii) claims arising under consumer protection regulations or similar regulations.
8.5 Intellectual Property Rights
You hereby agree that in the event that a third party alleges that the App or your possession or use of the App infringes their intellectual property rights, we, the User and Podear, and not Apple, shall be solely responsible for investigating, defending, and resolving this intellectual property infringement and ensuring a release from liability.
8.6 Legal Compliance
You hereby represent and warrant that you are not in a country (i) that is subject to an embargo by the U.S. Government or is designated by the U.S. Government as a “state sponsor of terrorism,” and (ii) that you are not on any of the U.S. Government’s lists of denied or restricted parties.
8.7 Third Party Beneficiaries
When you agree that Apple and its subsidiaries are the third-party beneficiaries of the Application End-User License Agreement and agree to the terms and conditions of this Application End-User License Agreement, you will be deemed to have acknowledged and agreed that as a third-party beneficiary, Apple shall be entitled to enforce this Application End-User License Agreement against you.
8.8 Terms of Third-Party Agreements
By downloading the app on Google Play https://play.google.com/store?hl=tr, Android users agree to the Google Play Terms of Service https://play.google.com/intl/tr_tr/about/play-terms/index.html and the Google Play Business Policies. If you download the app from another online store for software applications running on devices powered by the Android operating system, you certify that you have read and agree to the terms of service applicable to that market.
In this app, personal data and special category data refer to any data that relates to you or one of your family members or that relates to somebody else but is entered by you. Only the consent of the application user shall be sought for the collection of any data entered by the application user relating to other individuals, such as family members, minors, divorced spouses, children of whom they do not have custody, or non-family members, and the responsibility for notifying these individuals and obtaining their consent, if necessary, shall lie with the user. The Application User shall be liable for any notice, objection, lawsuit, or other legal sanction by persons whose personal data is entered without their knowledge and consent. Podear cannot be held liable for such notices, objections, lawsuits, or sanctions.
Links in the Poddy app may direct you to another address/channel or outside the Podear network. Podear assumes no liability for the content, accuracy, or function of such channels. Podear cannot be held liable for any change in the channels the links to which it provides. Podear or any other third party involved in creating, producing, and delivering such channels cannot be held liable for any direct, consequential, incidental, collateral, or punitive damage or loss that may arise from accessing to the said channel or using the website. At Podear, all the content is provided as is. Podear or any of its partners does not warrant that any information or document containing audio, image, or text in this app is fit for a purpose, suitable for everyone, or useful to every user. Podear cannot be held responsible for inaccuracies or typographical errors. Podear is a superapp that serves many purposes, such as content creation, listening, or social sharing. The users of the app make decisions of their own free will, and Podear cannot be held liable for any misapplication, decision, loss, or damage.
Poddy is provided for informational purposes only. Users agree in advance that no information or content in Poddy provides medical advice or diagnostic services or substitutes for any health institution or medical advice, and that they should contact medical institutions for medical advice. Poddy users also agree that the information contained in the app may vary depending on many external and distinctive factors, such as age, language, ethnicity, gender, health status, and geographical factors.
Podear or its partners cannot be held liable for any damage to your device’s hardware or your other assets or any malware infection that may be caused by your access to or use of this app or your downloading of any information or document containing audio, image, or text.
The unrestricted right to use any content you transmit/send to Poddy through the app or electronically (including any comments, audio recordings, suggestions, ideas, graphics, photos, etc.) shall be transferred exclusively to Podear and its partners without any payment to you or any other person. Furthermore, we are not obliged to keep such information confidential. Podear or its partners cannot be held responsible for the access of persons under the age of 18 to the app, their browsing of the app, or their entry of data into the app without the consent/permission of their parents, legal guardians, custodians, or legal representatives. Podear assumes no responsibility for any damage that may be caused by the use of the personal data of Poddy users under the terms stated above. The security of messages cannot be guaranteed in email communications, unless the message is encrypted, and Poddy cannot be held responsible for the security of any email to be sent. Poddy users may publish their views on the app and the content of the app on other platforms. The responsibility for ensuring that the views shared, and the content created by users comply with general ethical and moral rules of the society and do not constitute any violation or discrimination or cause any problems to the app, brand, or Company lies with the user. Users agree that they will comply with these rules and that Podear cannot be held responsible for this matter. The users of the Poddy app agree and warrant that they have obtained the consent of the relevant data subjects for the use of the personal and private information and/or content contained in their content, and that they shall not use any content or information that infringes the personal rights, privacy, or broadcasting rights of another person or that is protected under intellectual and industrial property rights, including other property rights, in the app without the prior written consent of its owner or right holder.
Podear users may not transmit any content that is illegal, threatening, disturbing, insulting, libelous, defamatory, vulgar, pornographic, or abusive, promotes violence or terrorism, contains profanity, disrupts public order or morality, or violates the privacy, personal rights, or other rights of individuals and/or organizations, including any content that constitutes a criminal offense, leads to legal proceedings, or violates or incites the violation of national or international law, through the Poddy app or other channels of Podear; may not create such content in the app; and may not upload/publish any message or content that disturbs subscribers in any way in public areas or private messaging areas. In the event that Podear unwittingly publishes any content that is illegal or violates the rights of third parties, it will assume no responsibility for any consequence that may arise from such content. Podear reserves the right to edit or refuse to publish any information or material that is threatening, defamatory, pornographic, disturbing, or immoral, constitutes or incites a criminal offense, or contains insult, profanity, or gender or racial discrimination in the Poddy app and on its other channels, to remove such information or material from publication, or to suspend and/or terminate the subscription of users who commit such acts. The users of Podear’s app or channels may not transmit any content, software, or material that contains virus, malware, tracking software, or spyware through the channels they use. The users of Podear’s app or channels shall avoid unfair competition or taking unfair advantage of one’s reputation. They may not copy any content from the channels they use in any way.
The users of Podear’s app or channels may not prevent any other user from using these channels at all or as they wish. The use of the app or other channels of the app as a channel to directly or indirectly advertise other commercial goods or services is prohibited.
You hereby certify that we have no control over other users’ manner of using the App and therefore over the quality of the information published in this service. Therefore, we do not represent or warrant that any content provided through the App or service is accurate or reliable.
Depending on the privacy settings in your App, we may send push notifications to your device, including while the App is being installed or is in the foreground or background. We may also present surveys to you through the App.
The titles and spots of the content published through Podear’s channels may be used on the websites of users or on Internet forums by including a reference to the source, and links to this content may be provided on such platforms. The services of this channel, including any code and software, are protected under the legislation on Intellectual and Industrial Property Rights. Podear users agree, represent, and warrant that they have granted Podear a transferable license to exercise any of their property rights over any audio, text, photo, video, software, information, audiovisual material, or other applications they upload to the app, except for the personal data relating to themselves or their children, and/or their manipulations, if they are processed, audio recordings, and/or compositions or versions, as well as any representation derived from and/or related to these (hereinafter referred to as “Content”); their royalty rights as the owner of the work under the Law No. 5846 on Intellectual and Artistic Works, including the right to reproduce, disseminate, process, represent, and make available to the public by means of signal, audio, and/or video transmission; and/or their related rights as a performer and/or producer; their all other intellectual and industrial property rights, including the right to determine the form, time, and place for making the work available to the public, to alter the work, and to register and produce the design, as well as other rights over the design or the trademark; on any channel, platform, product, or material or at any event (radio; TV; Internet; cinema; direct marketing activities; press conferences; print and visual media; electronic or digital environments, including WAP, kiosk, mobile phones, telephone exchange; IVR music; ringtones, etc.) to be determined by Podear by any means, including but not limited to any Value-Added Service (cell broadcast, WAP/GPRS, Mobile music, mobile video, ringback music, Mobile TV, Video streaming, and all other song download services, and/or any next-generation mobile technology to be developed after this date), media, satellite, cable, and other digital, wired, or wireless devices, in Türkiye and abroad without any limitation of time or channel; and that they consent to the publication of the said Content and/or its availability for viewing/watching by the third parties to be selected by them, and to the recording/processing of the said content and any system log related to this content (uploading the content to the system, removing it from publication, etc.) and their disclosure to technology infrastructure providers by Podear’s channels without prior consent.
Podear users agree and warrant that they are the full and sole holder of all property rights over the said content and any Intellectual or Industrial property contained in the content; all the royalty rights, including the right to reproduce, disseminate, process, represent, and make available to the public by means of signal, audio, and/or video transmission; all the related rights held as a producer and/or performer; and all the personal rights of the owners of any image/audio/content; that they obtained an unrestricted, transferable, written, and indefinite license from sub-workers, related owners or right holders, or the professional associations with which they are affiliated in accordance with the conditions of validity set out in Articles 48 and 52 of the Law on Intellectual and Artistic Works to use the content on any product, platform, material, or channel or at any event, including those stated above, in Türkiye and abroad; that they have obtained the necessary consents; that they are right holders; that they shall be responsible for paying the necessary fees to Professional Associations for these works; that they hold these rights; that they have the capacity and legal power to license these rights; and that no third party, directly or indirectly, holds any encumbrance, royalty right, moral, or commercial right whatsoever over these rights. Since Podear may make changes to its privacy policies, we advise that you regularly check the Terms of Service. Those who use the App, our Services, and Podear’s channels shall be deemed to have read and agreed to all of these terms. Podear reserves the right to make changes to the clauses above without prior notice.
12.1 All the intellectual property rights over the App are held by Podear and/or our licensors.
We may change this Application End-User License Agreement for legal, regulatory, or security reasons, for the purpose of complying with any change that Google and Apple may require, or for any other reason to be determined by us. We will notify you of any change, and you will need to agree to the change to continue to use the App.
This App is not intended for use on devices powered by an operating system that no longer meets the default standard (“Jailbroken Devices”). You hereby agree that you shall not attempt to install or use the App on any Jailbroken Device. Any attempt to install or use the App on a Jailbroken Device will violate this Application End-User License Agreement and may result in the termination of the account at our sole discretion, without refund. We cannot be held responsible for any damage caused by use on jailbroken devices.
In the event that any of the articles in this Application End-User License Agreement is deemed invalid or unenforceable by a court or regulatory authority, other articles shall remain in effect.
Subject to your local consumer laws, any dispute arising between you and us in connection with this Application End-User License Agreement and/or your use of the App shall be resolved under the laws of England, unless the public policy of your country of residence requires otherwise. You hereby certify that in the event that we are unable to resolve any dispute between you and us, the relevant court or arbitration proceedings shall be held in England under the laws of England.