PRIVACY POLICY

Last updated: [19.08.2024]

The purpose of this Privacy Policy (“Policy”) is to set out the terms and conditions for the processing of personal data by Vestel Ticaret A.Ş. (“Vestel,” “We,” or “Our Company”) in Turkey, as the data controller of all kinds of data generated during the use of the application (“Vestel Smart Health Application”) for smart watches, smart fitness wristlets, smart scales, smart lights, and other devices (“Vestel Smart Health Devices”) or disclosed before use by members.

Vestel designs products and tools that monitor the daily health and fitness conditions of users to ensure they lead healthier and more active lives and to encourage them in this direction. Vestel is responsible for providing sales and user support services for the Vestel Smart Health Devices. This Privacy Policy is valid for Vestel Smart Health Devices only. For the purposes of this Policy, the Vestel Smart Health Devices and the Vestel Smart Health Application are jointly referred to as the “Vestel Smart Health Service.”

When we use the term “personal data,” we are referring to any information that can be used, directly or indirectly, to identify you personally. We process your personal data in accordance with the Turkish Data Protection Regulation (Law No. 6698) (“TDPR”).

This Policy may be updated to notify you when a new feature is installed, or the Vestel Smart Health Application is updated. Your personal data will be processed in accordance with the old version of the Policy until you use the new features. If necessary, the updated Policy will be sent to you through the email address you provided.

1. WHEN DO WE COLLECT THE DATA?

1.1 DURING THE CREATION OF THE VESTEL SMART HEALTH ACCOUNT

You need to create a Vestel Smart Health Application account if you want to access the data collected by your Vestel Smart Health Devices. When creating a Vestel Smart Health Application account, we collect the following information: name, surname, email address, phone number, password, gender, height, weight, photo, username*, and date of birth.

*The username information enables connections between Vestel Smart Health Devices.

1.2 DURING THE USE OF VESTEL SMART HEALTH DEVICES

Vestel Smart Health Devices have a step calculation feature. During the use of these devices, your step count information is processed. Your exercise statistics, such as calories burned or distance traveled, are personalized with the information of step count, height, weight, and gender.

Additionally, data processed during the use of Vestel Smart Health Devices include:

The amount of water consumed.

Heartbeat and other heartbeat-related parameters

Blood oxygen level.

Stress level.

Body temperature.

Information about sleep (sleep duration, sleep phases, sleep quality, etc.).

If using a smart weighing product, the weight information is processed directly through the smart weighing product.

1.3 DURING PAIRING VESTEL SMART HEALTH DEVICES

When you pair your Vestel Smart Health Devices with each other or with the Vestel Smart Health Application, the following information is processed: IP address, MAC ID, User ID, Hardware Model, Model Name, other identifiers related to Vestel Smart Health Devices (including settings and battery level), and user actions on Vestel Smart Health Devices (including usage time and number of clicks).

2. THE PURPOSE OF COLLECTING PERSONAL DATA AND LEGAL BASIS

We as well as our service providers process your personal data we have collected or been provided with for the following purposes:

a) Creating and managing accounts, as well as updating information.

o Legal Basis: The data processing is needed for the performance of a contract to which you are party or to take the steps requested by you prior to entering a contract (Art. 5 (2) lit. c TDPR).

b) Carrying out information verification procedures.

o Legal Basis: It is legal responsibility to ensure that personal data is accurate and up to date. Therefore, the data processing is necessary for compliance with a legal obligation to which we are subject (Art. 5 (2) lit. ç TDPR).

c) Ensuring that the Vestel Smart Health App is connected to your Vestel Smart Health Devices and that you can monitor and control them; recording your fitness activity, estimating the number of calories you burn (in accordance with height, weight, gender, and age information) and to enabling you to use the services offered by the Vestel Smart Health Application.

o Legal Basis: The data processing is needed for the performance of a contract to which you are party or to take the steps requested by you prior to entering a contract (Art. 5 (2) lit. c TDPR).

d) Contacting you regarding assistance, maintenance, or other services Vestel provides for your Vestel Smart Health Devices.

o Legal Basis: The data processing is needed for the performance of a contract to which you are party or to take the steps requested by you prior to entering a contract (Art. 5 (2) lit. c TDPR).

e) Ensuring Users satisfaction and responding to complaints and requests from Users.

o Legal Basis: The data processing is needed for the purposes of the legitimate interests pursued by Vestel, the controller, or a third party, except where those interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (Art. 5 (2) lit. f TDPR).

f) Improving Vestel Smart Health Devices’ usage experience and developing the services as well as creating new services.

g) Making statistical evaluations and creating a database to ensure the Vestel Smart Health Application and product development and to carry out commercial activities.

o Legal Basis: The data processing is needed for the purposes of the legitimate interests pursued by Vestel, the controller, or a third party, except where those interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (Art. 5 (2) lit. f TDPR).

h) As part of our customer satisfaction initiatives, we aim to gather your inquiries related to predefined and categorized topics (such as purchase orders, assembly, membership, or promotional campaigns) before you contact us. This allows us to offer responses that are tailored to your needs. Additionally, we will maintain a record of your conversation history to facilitate your access to information and make it easier for you to find answers to your questions.

o Legal Basis: The data processing is needed for the purposes of the legitimate interests pursued by Vestel, the controller, except where those interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data (Art. 5 (2) lit. f TDPL).

3. CREATING A USER ACCOUNT ON ALL PLATFORMS

When you create a membership on any of Vestel's websites (vestel.com.tr; regal-tr.com; vsoutlet.com.tr; destekmerkezi.vestel.com.tr) or through Vestel’s applications (Vestel Smart Health Application; Vestel Smart Health Application), you can use the same membership credentials to access all these platforms.

If your membership be terminated, either automatically or by your request, it will be concurrently revoked across all platforms.

Please note that all platforms where membership is available are owned by Vestel. Membership is exclusive to Vestel-owned channels; thus, it is not possible to register on channels outside of Vestel’s network. Moreover, we do not share your data with any third parties for the purpose of membership.

o Legal Basis: The data processing is needed for the performance of a contract to which you are party or to take the steps requested by you prior to entering a contract (Art. 5 (2) lit. c TDPL).

4. PROCESSING IP ADDRESS INFORMATION OF THE USERS

Vestel may determine and use the IP address of the user when required to detect the issues regarding the Vestel Smart Health Devices or the Vestel Smart Health Application and to forthwith settle the issues that may arise. IP addresses may also be used to identify the user in a general way and to collect comprehensive demographic information.

5. PROCESSING OF LOCATION INFORMATION

The Vestel Smart Health Service contains features that require the collection of specific location data (GPS signals). The Vestel Smart Health Application processes such data only for the purpose of providing emergency information services and installing Vestel Smart Health Devices.

Vestel Smart Health Devices and the Vestel Smart Health App are designed to prioritize your privacy. Accordingly, your location information is not shared with any third party, except as described in section 5.2. Specifically, your location information may be transmitted to your emergency contact list to indicate that you need help in an emergency.

To collect location information, the Vestel Smart Health Application must be allowed to access your phone's location services. Your location information is obtained instantly, and no tracking activity is carried out.

When you disable access to your location information, the Vestel Smart Health Application cannot access your location information. This information is stored in your Vestel Smart Health Application account.

5.1 PROCESSING LOCATION INFORMATION DURING INSTALLING VESTEL SMART HEALTH DEVICES

With your approval, Vestel -processes location information to achieve the following purposes:

(a) During device installation: We acquire Wi-Fi SSID information crucial for the remote control of your device by connecting to the internet. This allows you to effortlessly make selections by listing Wi-Fi devices closest to you.

o Legal Basis: Your location data can only be processed with your permission (Art. 5 (1) TDPR).

You can always prevent the Vestel Smart Health Application from accessing your location by going to the location services section of your phone.

5.2 EMERGENCY NOTIFICATION SYSTEM

If your smartwatch has this feature, it can alert the emergency contacts you have predetermined in case of an emergency.

If you do not cancel the emergency notification system that appears on the screen when you press the button on your smartwatch five times, the emergency notification system of your smartwatch is activated.

If you have given the Vestel Smart Health Application permission to access your location information, as soon as your emergency notification system is activated, your Vestel Smart Health Device sends SMS messages to your emergency contacts. These messages let them know you are in a situation that requires help and include your location and phone number for identification purposes.

We would like to point out that your location information will be transmitted instantly via SMS and there will be no tracking activity. However, after the SMS is delivered, your location information will remain in your emergency contact list.

You can deactivate the Vestel Smart Health Application's access to your location services at any time in the location services access menu of your phone. You can modify the emergency contact person list at any time in the dedicated menu of your smartphone.

o Legal Basis: If you follow the steps to show that you are in an emergency on your Vestel Smart Health Device and enable this feature, you consent to the transmission of your location information. You can disable this feature and prevent your location information from being shared by following the guidance in the warning text that appears in the Vestel Smart Health Application (Art. 5 (1) TDPR).

6. PROCESSING OF INFORMATION THAT MAY BE ASSOCIATED WITH YOUR HEALTH

Smartwatches among Vestel Smart Health Devices offer you versatile functions such as sports or health tracking. Since some information obtained during the performance of these functions may be related to your health, the processing of this information is only possible with your consent. In this regard, the following information collected through smart watches is processed only based on your consent, as it may be associated with your health:

· Heartbeat and other parameters related to heartbeat.

· Oxygen rate in the blood.

· Stress level.

· Body temperature.

· Sleep-related information (such as sleep duration, sleep phases, sleep quality, etc.).

o Legal Basis: Your health-related information can only be processed with your consent (Art. 6 (3) lit. A TDPL).

7. ANSWERING SMS OR CALLS VIA VESTEL SMART HEALTH DEVICES

With Vestel Smart Watch and smart fitness wristlet, you can effortlessly handle incoming calls and read SMS notifications directly from your wrist. If you choose to use these features, your personal data will be processed for call management and SMS notification reading.

o Legal Basis: The data processing is needed for the performance of a contract to which you are party or to take the steps requested by you prior to entering a contract (Art. 5 (2) lit. c TDPR).

8. PROCESSING OF YOUR PERSONAL DATA WITHIN THE SCOPE OF ERROR REPORTING FEATURE

The error reporting feature was created solely to identify Appliance issues. Your specified personal information will only be used for product development, and you will not receive any feedback regarding the error you encountered.

In this regard, your personal information, including information about your Appliances (device ID, MAC address, local IP, software version, model), will be processed and transferred to hosting providers.

9. PARTIES TO WHOM PERSONAL DATA IS TRANSFERRED

Your personal data can only be shared with the following parties and for the following purposes:

· Our Suppliers: Those who provide services related to software, maintenance, security issues, and hosting personal data within the scope of information technologies.

· Our Business Partners: For the use of services provided by our business partners through the Vestel Smart Health Application.

· Service Providers: Suppliers who provide SMS or email services.

· Legal and Regulatory Compliance: To comply with any law, regulation, valid legal notice (such as subpoenas or writs served on us), or requests from any governmental or regulatory authority. This includes enforcing the terms of service or conditions of sale and ensuring the security or integrity of the service. Authorized public authorities may access your data when reasonably necessary to protect the rights, property, or safety of Vestel, its employees, users, or others.

· Legal Advisors: To protect the legal rights of Vestel or third parties.

Your personal data may also be transferred in connection with the sale, merger, bankruptcy, sale of assets, or restructuring of our Company. In such cases, since your personal data will be processed by a different company and transferred to the new organization, the privacy policy of the relevant company will apply.

10. DATA THAT DOES NOT IDENTIFY YOU (ANONYMOUS DATA)

We may share your anonymous data with our partners and the public in various ways by presenting research or reports about health or fitness, and we may generate an income by use of such data. When sharing anonymized information, we apply appropriate procedures to ensure that the data cannot reveal your identity also we take all necessary precautions to prevent the recipient from being able to identify you.

In addition, we may share your anonymous data with Vestel Group Companies without disclosing your identity for the development of customer, product and service evaluations and analyses and performance of various statistical evaluations. After the anonymization of such details and information, Vestel Group Companies may also use the same for all kinds of income generating activities.

11. INFRASTRUCTURE OF ANALYTICS PROVIDERS

We may use third-party web analytics services in connection with the services provided, including:

· Mobile application performance metrics and crash reports.

· Remote configuration for software update mechanisms.

· Mobile application installation statistics.

· Sending push notifications to users.

· Segmenting audiences, reporting on, and analyzing customer intents and actions.

· Integrating with third-party services to facilitate the application.

· Infrastructure services to build and maintain the Vestel Smart Health Application.

· Growing and engaging the user base.

We are deeply committed to protecting your privacy and ensuring the security of your personal data. We never allow these third parties to use your personal data for purposes they determine or to transfer your personal data under their own responsibility. We implement strict data protection measures and regularly review our practices to maintain the highest standards of data security.

12. HOW LONG ARE YOUR DATA STORED?

We store your personally identifiable information for as long as you maintain a Vestel Smart Health Application account. If you choose to close your Vestel Smart Health Application account and no longer wish to use the services offered by the Vestel Smart Health Application or Vestel Smart Health Devices, your data will be deleted according to our Data Retention Policy.

13. YOUR LEGAL RIGHTS UNDER THE PROTECTION OF PERSONAL DATA

Pursuant to Article 11 of the Personal Data Protection Law number 6698, you have the following rights:

a) Receive information whether your personal data have been processed or not.

b) Request related information if your personal data have been processed.

c) Receive information about the purpose of processing of your personal data and whether the data have been exactly used for the intended purposes.

d) Receive information about the third persons to whom his or her personal data have been transferred locally or internationally.

e) Request correction if your personal data have been processed deficiently or wrong.

f) Request the deletion or destruction of your personal data.

g) Request the communication of the correction, deletion, or destruction requests to third persons to whom your personal data have been transferred.

h) Object to conditions against you, which have resulted from the analyzing of your personal data by use of nonexclusive automatic systems.

i) Demand the compensation of your damages that have resulted from the unlawful processing of your personal data.

14. EDITING AND MODIFICATION OF YOUR DATA

In your Vestel Smart Health account preferences, you can modify the data you disclosed on the Vestel Smart Health Application. Any modification you will make regarding the data in your Vestel Smart Health account cannot be seen by you or other persons using the Vestel Smart Health Service.

15. DELETION OF YOUR VESTEL SMART HEALTH ACCOUNT

You have the right to delete your account at any time by selecting the 'Delete My Account' button within the application. Once you submit your account removal request to us, it will be promptly processed. You can reactivate your account within ten days by logging into the application using your username and password. IF you do not login within ten days, your account will be permanently removed from our systems. Deleting your account will also remove all associated accounts on our

Vestel's websites (vestel.com.tr; regal-tr.com; vsoutlet.com.tr; cozumuvar.vestel.com.tr) or through Vestel’s applications (Vestel Smart Health Application).

To exercise your rights concerning your personal data, you can submit relevant requests to our company via the form available at https://statik.vestel.com.tr/webfiles/veri-sahibi-basvuru-formu.pdf

16. CONTACT INFORMATION

In order to ensure the security of your data, Vestel employs a combination of technical and administrative security controls. In case you have any concern regarding data security, please contact our Customer Support Unit.

Turkey Customer Support Unit

Contact Details:

E-mail: smarthealth@vestel.com.tr

Phone: 0850 222 41 23

Address: Organize Sanayi Bolgesi 45030 Manisa-TURKEY

I hereby declare that I have read privacy policy and I have made the necessary notifications in line with the applicable legislation for the processing of the personal data about the persons included in my emergency contact persons list I have shared with Vestel, in order for the communication of emergency text messages by Vestel, under the utilization of the Emergency Location Service by me, and that the data related to such persons are current and accurate.