PRIVACY POLICY

Skylb Elektronik Tic. A.S. ("Company", “we”, “our”, or “us”) Yesilkoy Sb Mah. Isbi Plaza Sk. Isbi Plaza Blok No:1 İc Kapi No: 804 Bakirkoy / Istanbul respects your concerns about privacy. This Privacy Policy applies to the personal information we collect online through our social media app Hola ("Service") and is incorporated into and is subject to our Terms of Service which can be found at link. Your use of the Service signifies that you agree with the terms of this Privacy Policy. If you do not agree with the terms of this Privacy Policy, you may not use the Service and must immediately terminate your use of the Service.

Note that the "Supplementary Terms" contain specific additional regulations for certain jurisdictions such as the EU or California.

Effective Date: August 14, 2021

1. Personal Information We Collect

When we refer to “personal information” in this Privacy Policy, we mean information that relates to an identifiable individual. The following types of personal information are collected in connection with our Service:

Information You Provide Directly to Us or Third Parties

We may collect information directly from you or from other companies with whom you have a relationship. For example:

When you create an account and register for or use our Service, you will provide us with information such as, your name, nickname, email address, password, date of birth, gender, mobile phone number, Hola service ID.
When you login with a third-party account, we receive information about you from third parties including from other companies such as Facebook, Apple, and Google. For example, we will get access to information such as your Social Network Service (SNS) account information, email address, date of birth, gender, profile information of your SNS account and your friend list (depending on your choices).
When you start using the Service, we will collect user-generated contents, including comments, short messages, photographs, voice, and videos (including captured picture thereof), that you choose to share, transmit, broadcast and/or upload on our platform.
When you win a prize from a promotional event, or when you decide to cash out, you will provide us with information such as, a copy of identification card, your name, account information

Information about Your Use of Our Service

In addition to the information you provide, we will collect information about your use of our Service through software on your devices and by other electronic means, including by the use of cookies. This includes:

Device information: OS platform of your device, device information including type of device, brand, model and version of OS, IP address, advertising identifier, device language, device time zone, version of application that you are using, locale country and language of the device, the location (country and city) where you log in, your purchase history in application store, available languages, device capability, bandwidth, network type, and traffic to and from our websites, error-reporting information, the time the error occurred, the feature being used and the state of the Application when the error occurred.
Log information: Usage information, such as, URL, redirected URL, performance timing, referrer, network type, network info, charge status, ad block info, cookies, and access history.
Location information: We will process your location or geographical information based on your consent or if permitted, where this is necessary to deliver the Service you have requested.
Service usage information: Details of your interactions with other users, details of interaction between you and the Service or you and our website, and other information about your use of our Service, such as bookmarks and visit history.
Facial information: Facial marks and any additional facial information from Apple's TrueDepth API technologies. We will use Apple's TrueDepth API technologies to recognize user faces in camera experiences based on your consent or if permitted. We may track the movement of your eyes, mouth and face and use this facial information, where this is necessary to deliver the Service you have requested.

Links to Other Websites, Devices, Apps and Features

Our Service may enable you to connect to other websites, devices, apps and other features, which may operate independently from us and have their own privacy notices or policies. If you accessed a website, product or service provided by a third party, including through the Service or Company's website, such third party may also collect information about you. Please see the privacy policies of each such third party for more information about how they use the information they collect. This Privacy Policy does not apply to any exchange of information between you and any third party.

2. Lawful Basis

Under EU and UK data protection laws, we are required to tell you our lawful basis for using your data and we have set this out in the table below. Where the legal basis is consent, you can withdraw consent at any time. Where the legal basis is legitimate interests, you have a right to object to our use of your data. We explain in the relevant sections in this Policy how you can withdraw consent or opt-out of certain data uses (where applicable).

Purpose for which data is used	Data	Source	Legal basis
To provide you with the Hola social networking service	Name, email address, date of birth, location (CCPA Categories A and B)	You provide your name, email address and date of birth to us. We obtain location data from the device that you use to access the service	Contractual necessity
To facilitate networking opportunities on the Hola App	Optional information that you choose to provide in your profile, including through profile verification, or adding Hola badges, which may include information about your sexual preferences, non-binary gender, religion, ethnic background, photos, interests, etc. (CCPA Categories B, C, H, I, J)	You provide this information to us	Contractual necessity and our legitimate interests – it is in our legitimate interests to facilitate networking opportunities in the Hola app. For special category/sensitive personal data, we rely on your explicit consent.
To verify your identity and prevent fraud and to ensure the safety and security of Users	Phone number and if requested or permitted, photo provided as part of profile verification and for users based in countries where age verification is required by law: photo of Government ID + geolocation and device information (CCPA Categories A, B, C, E, F, G and H)	You provide this information to us, except for the geolocation and device information, which we obtain from the device that you use to access the service	Legitimate interests – it is in our legitimate interests to ensure that accounts are not set up fraudulently and to safeguard Users of the site
To take payment for premium services (not applicable for Users making payments via the Apple App Store)	Payment card details (CCPA Categories B and D)	You provide this information to us	Contractual necessity
To send you marketing information about our events, offers and services	Name, email address, postal address, Instagram handle and mobile phone number (CCPA Categories A and B)	You provide this information to us	Consent or legitimate interests and in accordance with the laws applying to our marketing activities. We have a legitimate interest in promoting our business and products
To carry out research and analysis to help us improve the App	Log and usage data, including IP address, browser type, referring domain, pages accessed, mobile carrier and search terms, images and video (CCPA Categories F and H)	You provide photos and videos to us. We obtain the log and usage information from the device that you use to access the service	Legitimate interests – it is in our interests to analyse the way in which Users are accessing and using our services so that we can further develop the App, implement security measures and improve the service
To respond to correspondence and queries that you submit to us, including social media queries	Email address and IP address, social media name, phone number (CCPA Categories B and F)	You provide your email address, social media name and phone number to us when you contact us and we obtain your IP address from the device that you use to contact us	Legitimate interests – it is in our legitimate interests to respond to your queries to ensure that we provide a good service to Users and troubleshoot problems
To investigate and block Users for reported infringements of our Terms and Conditions of Use	Name and user registration details, profile information, content of messages and photographs + usage and device data such as IP address and IP session information (CCPA Categories A, B, C, F, and H)	You provide your registration details, profile information, messages and photographs to us. We obtain the other information from the device that you use to access the service.	Legitimate interests - it is in our legitimate interests to prevent unauthorised behaviour and to maintain the safety and integrity of our services
To enable Users to create and enhance their Hola profile and log into the App via third party accounts	Data from Facebook and other third-party accounts (CCPA Categories A, B, C, and H)	We obtain this information from Facebook, or the providers of any other accounts you use to log in or connect with your Hola account	Legitimate interests – it is in our legitimate interests to facilitate access to our services
To block payment transactions as part of our anti-fraud procedures	Name, IP address, email address, mobile number, cardholder name, payments received, type of payment, user ID, country (CCPA Categories, A, B, and D)	You provide your name, email address, mobile number and card details to us. We obtain your IP address from the device that you use to contact us. We obtain your payment information from your interactions with our service	Legitimate interests – it is in our legitimate interests to prevent fraudulent transactions and to maintain the security of our services
To serve promo cards and advertisements on the App	Location, gender, age, and information that you have optionally provided us with via your profile (CCPA Categories A, C and G)	We obtain age, gender and profile information from you, and location data from the device that you use to access the service	Legitimate interests – it is in our legitimate interests to target advertisements so that Users see relevant advertisements and to allow us to generate income from advertising revenue
To serve advertisements on third party networks and measure the effectiveness of such ads	Data about your visit to our Sites or App and action taken on those (for example if you downloaded our App or created an account with Hola), IP address (and your estimated location based on your IP address), age and gender, device ID (CCPA Categories B, C, G, F and K)	We obtain age and gender from you and we obtain other information from the device or browser that you use to access the service	Consent – as indicated by you in your Privacy Settings/Cookies Settings preferences and via your browser or device privacy preferences (where required by your device manufacturer, for example Apple devices using iOS 14.5).
To contact you in order to run surveys for research purposes and to obtain feedback, and to find out if you want to take part in marketing campaigns	Email address and mobile phone number (CCPA Category B)	You provide this information to us	Legitimate interests – it is in our legitimate interests to carry out research so that we can further develop the app and improve the service
To enable video and audio call functions, and the sending of images and video	Video and audio call usage data, images and video (CCPA Categories F and H)	We obtain this information from the device that you use to access the service	Legitimate interests – it is in our legitimate interests to provide these functionalities as part of the services
To defend legal claims, protect legal rights and to protect people from harm	This could include any information that is relevant to the issue	This information may be obtained directly from you, from your device or from third parties, depending on the information involved	Legitimate interests – it is in our legitimate interests to protect our legal rights, defend legal claims and to protect our Users and third parties from harm

3. How We Use this Information

Provision of our Service based on your contractual relationship with us

We process your personal information when this is necessary under our contract with you, to:

Provide you with our Service, and specific features you select when using our Service, which may require personalizing the content of our Service.
With respect to the information from Apple's TrueDepth API, we may use this information to deliver and improve features provided by our Service (such as photo, video, effects, avatar and more). Specifically, we may use this information to provide users with more suitable contents and to apply avatar function, makeup, filters on the appropriate position. We will not use this information to personally identify any user. This information is processed in real time for delivering and improving these features only and discarded when the use of the features is finished. We do not share this information with third parties, do not store on our servers, or process for any other purpose other than the Service’s functionality we mentioned.
Identify and authenticate you so that you may use our Service and to prevent illegal or inappropriate use of the Service.
Restrict the collection of personal information of children under certain age as defined in this Privacy Policy.
Deliver to you any administrative notices, alerts and communications relevant to your use of the Service.
Effectively manage our relationship with our customers, including by communicating with you, responding to your queries, resolving technical issues, providing you with customer care support and sending you necessary information relating to our Services

Use of information for further purpose

To improve the Service, and to develop and offer new services.
To provide information about various events and opportunities to participate in the events, to provide advertising information.
To contact you via email, SMS or otherwise for the purpose of informing you about new products, services or promotions offered by the Company (you can opt-out of such emails or SMSs by sending an email to help@holaapp.co).
To collect statistics on the use of Service including Service usage history, access frequency and interaction between users, to analyze customer behaviors, build up customer usage patterns and profiles in order to identify regional and global user trends and optimize our offering to customers globally and to improve the Service and its environments using the statistics.
To protect against, identify, monitor and prevent fraud and other criminal activities, any other activities that may violate our Terms of Service or other applicable laws, or lead to claims or other liabilities.
To restrict use of Service that violates laws and our Terms of Service, to prevent use of Service that interfere with the operation of the Service, including fraudulent use, and to prevent account theft.

Other

Comply with and enforce requirements under applicable laws, relevant industry standards and our policies, including this Privacy Policy.
Comply with court orders and subpoenas, and respond to legally binding requests from government, law enforcement agencies, public authorities and/or regulators.
Protect our legal rights, including by handling complaints, obtaining legal advice and establishing, exercising or defending legal claims relating to us or other companies in our group and our Service.

4. Sharing of Information

We transfer or disclose your personal information to third parties as described below:

Affiliates, subsidiaries and personnel: We share your information with our personnel, including contractors and agents, and other companies in our group, to the extent this is necessary to provide our Service and to fulfil the purposes set out in Section 2 above.
Service providers: We also transfer or disclose your information to carefully selected companies that provide services on our behalf; for example, companies that help us develop and operate systems for our Service, providers of IT services, security, hosting, analytics, mailing, billing or marketing services. These entities are only authorized to access and use your personal information to the extent this is necessary for them to provide us with their services, and they are not allowed to use this information for other purposes.
Business advisors: We may share, for example, your information with our lawyers, accountants, business consultants, insurers, and auditors, to the extent it is necessary for them to provide us with their services.
Government authorities, judicial authorities, regulators or other third parties where required: We will disclose personal information to government authorities, judicial authorities, regulators or other third parties where we have a legal requirement to do so or where we believe this is necessary:
1. to comply with the law or respond to compulsory legal processes (such as a search warrant, subpoena or court order);
2. to verify or enforce compliance with the terms and policies governing our Service and to investigate fraud or other unlawful activity relating to the use of our Service or affecting our business, to the extent such disclosure is permitted by applicable data protection laws; and
3. to protect and defend our rights, property, and the security or safety of our business operations and those of any of our respective affiliates, staff, business partners, our customers or members of the public.
Corporate transactions: We may disclose your information to a third party (and their business advisors) in connection with any reorganization, restructuring, merger, acquisition or sale (including in the context of negotiations), dissolution, other transfer of assets, or in the event of a bankruptcy.
Other parties with your consent or on your request. In addition to the disclosures described in this Privacy Policy, we may share information about you with third parties when you separately consent to or request such sharing.

Any information or content that you voluntarily disclose for posting to the Service ("User Contents") may become available to the public. Once you have shared User Contents or made it public, that User Contents may be re-shared by others. This Privacy Policy does not apply to such public information.

5. Retention of Personal Information

We take appropriate steps to ensure that we process and retain information in accordance with the following principles:

at least for the duration for which the information is used to provide you with our Service;
as required under law, a contract, or with regard to our statutory obligations (e.g., tax laws); or
only for as long as it is necessary for the purpose for which it was collected, is processed, or longer if required under any contract, by applicable law, or, in anonymized form, for statistical purposes, subject to appropriate safeguards. For example, if a dispute arises between you and Company or you fail to make payment for our Service, we may retain relevant information until such dispute is resolved or until such payment is made, respectively.
Where we process your information with your consent, we process the data until you ask us to stop and for a short period after this (to allow us to implement your requests). We also keep a record of your requests in order to respect them in future.

6. Your Choices

Where permitted we may contact you via email, phone call, text messages or push notifications through our mobile apps. To submit a request concerning the receipt of such communications from us, please contact us using the information specified in the “Contact Us” Section below.

You can unsubscribe from our marketing communications at any time by contacting us directly (see “Contact Us” section below). As noted in the Your Rights section below, you have the right to object to use of personal data for direct marketing purposes at any time.

Please note that if you unsubscribe from our marketing communications, we will still send you service messages to provide you with necessary information in relation to your contract and the Service you use (for example, to update you on changes to our Terms of Use).

7. Your Rights

To the extent provided by applicable law, you can request access to your personal information, or correct or update out-of-date or inaccurate personal information we hold about you. You may also have the right to request that we delete personal information that we hold about you. You may access and update some of your information through your account settings. You are responsible for keeping your personal information up-to-date.

To the extent provided by applicable laws, you can also ask us to restrict or limit the processing of your personal information, as well as to provide you with personal information that we have collected from you so that you may use it for your own purposes, and to ask us to share (port) this data to another controller.

In addition, to the extent provided by applicable law, you can object to the processing of your personal data in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement).

You also may have the right under applicable law to object at any time to the use of your personal information for direct marketing purposes, including profiling relating to direct marketing.

However, these rights may be limited, for example if fulfilling your request would reveal personal data about another person, where they would infringe the rights of a third party (including our rights) or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of relevant exemptions we rely upon when responding to any request you make. To make a request concerning your rights or to make an inquiry, use the contact details under the “Contact Us” section below.

8. How We Protect Personal Information

We take the protection of your information seriously and we have in place safeguards designed to protect the information we collect through our Service. However, please note that although we take reasonable steps to protect your information, no website, Internet transmission, computer system, or wireless connection is completely secure.

Please note, however, that the Service allows you to share text messages, photos, screenshots, videos and other communications in the Service with other users, and if you choose to share these items with other Service users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending and sharing text messages, photos, screenshots, videos or other communications in the Service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). The Service is not responsible for any use or misuse of information you share.

9. Personal Information of Children

The Service is not directed to children under the age of eighteen (18) and we do not knowingly solicit or collect personally identifiable information from children under the age of eighteen (18) as part of the Service. Additionally, we do not knowingly sell the personal information of children under the age of eighteen (18). If we become aware that we have inadvertently received personally identifiable information from a user under the age of eighteen (18) as part of the Service, we will immediately delete such information from our records. If you believe that a child under the age of eighteen (18) may have provided us with personal information, please contact us using the information specified in the “Contact Us” section below.

10. Contact Us

For more information about our privacy practices, or to exercise any rights you may have pursuant to applicable law, please contact us at help@holaapp.co

11. Updates to Our Privacy Policy

We reserve the right at our discretion to make changes to this Privacy Policy from time to time. We will notify you before we make changes to this Privacy Policy. You may also review updates to our Privacy Policy at any time via links on our website. You agree to accept electronic communications and/or postings of a revised Privacy Policy on the Service and our website, and you agree that such electronic communications or postings constitute notice to you of the Privacy Policy.

If we make material changes to this policy, we will notify you by publishing a revised Privacy Policy or by means of a notice on our website, or as required by law. You agree that your continued use of the Service after we publish a revised Privacy Policy or provide a notice on our website constitutes your acceptance of the revised Privacy Policy. If you do not agree with the terms of the Privacy Policy, you may not use the Service at any time.

12. Linking Other Accounts To Hola

Using your social media details to sign in to Hola

When you sign in to our App using your Facebook (Meta Platforms, Inc.) account, you givepermission to Facebook (Meta Platforms, Inc.) to share with us your name and profile picture. Unless you opt-out, you also give permission to Facebook (Meta Platforms, Inc.) to share with us your email address (if there is one associated with your Facebook (Meta Platforms, Inc.) account), date of birth (age range), profile photos, gender.

Reasons for us to use your Facebook (Meta Platforms, Inc.) Data:

Facebook Date of birth (age range) permission:

To make sure our users are over 18.

Facebook Gender permission:

To render pronouns.
To personalize our users’ experience based on their gender.

If you register or sign in with your Apple ID, you give Apple permission to share your Apple login, a name (that can be edited by you) and an email (you can choose to hide your email and Apple will create a random email address so your personal email can stay private). This email address will be linked to your Hola account and will be used to retrieve your Hola account.

We will then use this personal data to form your Hola account. If you remove the Hola app from your Facebook (Meta Platforms, Inc.) settings, or from your Apple ID, we will no longer have access to this data. However, we will still have the personal data that we received when you first set up your Hola account using your Facebook (Meta Platforms, Inc.) or Apple ID (you must delete your Hola account entirely for us to no longer have access to this data).

Linking social media accounts to your Hola account

You may link your Hola account with your Instagram, Facebook (Meta Platforms, Inc.) or Spotify accounts. This allows you to share some information from those accounts directly to your Hola account (for example, Instagram photos, or your top Spotify artists).

We only receive the limited information that Instagram or Spotify permits to be transferred (as detailed by Instagram/Facebook (Meta Platforms, Inc.)/Spotify and agreed by you when you first connect your account from such platforms with your Hola account).

If you no longer want to link your Hola account to your Instagram, Facebook (Meta Platforms, Inc.) or Spotify account, please visit the settings in your Instagram, Facebook (Meta Platforms, Inc.) or Spotify account and follow the instructions to remove the Hola app access permissions. Please note that any information already added to your Hola account from those platforms will not be deleted unless you delete it within your Hola account as well.

Marketing Services Providers

We partner with providers of marketing services (such as Facebook for example) (‘Marketing Services Providers’) to help us market and advertise our App and services on third party websites and applications and measure the effectiveness of our advertising campaigns. For example:

to exclude you from advertising campaigns aimed at finding new users, if you already have a HOLA account;
to show HOLA adverts to users who have visited the HOLA App/Sites but haven’t yet created a HOLA account;
to create an audience for our advertisements of other potential users who have similar characteristics to you based on the information the Marketing Service Providers holds about you (also known as a Lookalike Audience); or
to include you in a ‘custom audience’ that will receive HOLA advertising content (a custom audience is essentially a list of people who we think are most likely to be interested in a particular advertisement).

We share a limited amount of your personal data with these Marketing Services Providers, such as:

the advertising identifier associated with your device (this is a random number assigned by your mobile device manufacturer (for example Apple or Google) to your device to help advertisers (including the manufacturer) know when an ad has been viewed or clicked in an app, and when an ad causes a ‘conversion’ (for example, downloading the app advertised to you))
your estimated location (based on your IP address)
age and gender
data about your visit to our Sites or App and action taken on those (for example if you downloaded our App or created an account with our App)
a hashed* version of your email address (to create ‘custom audiences’).

For more information about how we use cookies and other tracking technologies, including how you can set and manage your preferences with regards to such technologies, please see our Cookie Policy.

In some cases, these third parties will also use the data that they collect for their own purposes, for example they may aggregate your data with other data they hold and use this to inform advertising related services provided to other clients.

Facebook

Where we share data with Facebook as our Marketing Service Provider (including via the Facebook “Like” function), we are Joint Data Controllers with Facebook Ireland for this processing. This arrangement means that HOLA has to provide you this notice, but you should contact Facebook if you wish to exercise your data protection rights. Further information, including how Facebook enables you to exercise your data protection rights, and subsequently processes your information as independent data controller can be found in Facebook Ireland’s Data Policy.

This data referred to above can include actions that you take on our website such as your interactions with our Sites or other information collected from cookies or similar technologies including the Facebook pixel. This allows us to measure the effectiveness of our advertising, improve our marketing practices, and helps us deliver more relevant advertising to you and people like you (including on social media such as Facebook).

Supplementary Terms

The following additional terms apply respectively to users having residence in or nationality of certain countries. In the event of any conflict between the following additional terms and the provisions of the main body of this Privacy Policy, the following terms shall prevail.

For Users Having Usual Residence in European Economic Area (EEA), UK or Switzerland

A. International Transfer of Personal Information

If you are a resident in the EEA (that is in the European Union and Iceland, Lichtenstein, Norway), UK or Switzerland, we will transfer your personal information to Ireland and other countries outside the EEA, UK or Switzerland including Turkey,

We are a company based in Turkey. Though there are no adequacy decisions between Turkey and your country of residence, the data transfer to Turkey is nevertheless justified because all data we collect is also necessary to provide the Services.

Where we share your data with recipients as described, we will take appropriate measures, in compliance with applicable laws, to ensure that your personal information remains adequately protected. Such measures include for instance the use of EU approved Standard Contractual Clauses. In some instances, we will also rely on your explicit consent, where this is appropriate. To request more information or obtain a copy of the contractual agreements or other safeguards in place, use the contact details set out in the “Contact Us” Section.

B. How We Use this Information – additional information

The purposes and legal grounds for processing personal information are described above in section 2. In this section, we describe in which cases we will rely on consent:

Place cookies and use similar technologies in accordance with our Cookie Policy and the information provided to you when those technologies are used. For more information, see our Cookie Policy.
Send you marketing communications (where this is required by law or where we otherwise elect to rely on consent).
Provide you with customized advertisements of content, products, and services that we think you would like, by analyzing information relating to your use of the Service combined with various information that you provide to us by other means, for the purposes consistent with this Privacy Policy. This may involve delivering marketing via various channels including through, email, our websites, or mobile applications or on third party platforms (including social networks).
On other occasions where we ask you for consent, we will use the data for the purpose explained to you at that time. When we rely on your consent, you always have the right to withdraw your consent at any time. This will not affect the lawfulness of any processing we carried out before you withdrew your consent. To exercise this right, please see the “Your Rights” section.

C. Personal Information of Children

For the users having usual residence in the EEA, UK or Switzerland, Section 8 should read as follows; Our Service is designed for a general audience and is not directed towards children. In connection with our Service, we do not knowingly collect or maintain personal information from anyone under the age of eighteen (18) or knowingly allow such persons to use our Service. If you are under eighteen (18), please do not attempt to register for our Service or provide us with any personal information. If we learn that a person under the age of eighteen (18) has provided us with any personal information, we will promptly delete such personal information. If you believe that a child under age eighteen (18) may have provided us with personal information, please contact us using the information specified in the “Contact Us” section.