POWERHUD PRIVACY POLICY

Definition of Confidential Information

Any idea, invention, business, method, progress, patent, copyright, trademark, trade secret, or any other innovation, whether protected by legal rights or not, disclosed by the disclosing party, its employees, agents, or workers to the other party’s employees, agents, or workers, including the existence, terms, and content of this Agreement, and all commercial, financial, operational, and technical information, subscription and communication information, and any information uploaded to the Application and the system that is shared between the Parties due to the negotiation, execution, and/or performance of this Agreement, that the Service Provider learns during its commercial relationship with the Customer, is considered Confidential Information.

Notwithstanding the provisions of the Agreement regarding Confidential Information, under the Personal Data Protection Law No. 6698, the Service Provider may retain the Customer’s personal data as required by mandatory procedures under the relevant law. It may record the company name, address, tax number, name-surname, email address, and phone information limited to this scope and process them for purposes such as preparing documents and papers related to relevant tasks and transactions performed on paper or electronically.

Protection of Confidential Information

The Party receiving the Confidential Information agrees, declares, and undertakes to comply with the following provisions regarding the protection and use of the Confidential Information for the duration of this Agreement and indefinitely from the date of termination or expiration of the Agreement:

The Parties agree to:

• Protect the Confidential Information described within the scope of Article 4 of the Agreement as confidentially as possible.
• Not disclose this information to any third party in any manner.
• Not use the information, directly or indirectly, for any purpose other than the objectives of their commercial relationship.

In this context, the Parties undertake not to transfer Confidential Information to third parties, not to distribute it in any manner or by any means, not to disclose it through press, broadcast media, or media organizations, not to use it for advertising purposes, and not to disclose it without each other’s written consent. The Parties will take all reasonable precautions to protect Confidential Information.

The Parties agree not to copy or reproduce the Confidential Information in whole or in part, except when necessary for the fulfillment of the purposes of this Agreement; if copied or reproduced in whole or in part within the scope of this Agreement, they will ensure that the copies or reproductions bear restrictive notices equivalent to those on the original document.

Information Not Classified as Confidential Information

The following information is not classified as Confidential Information:

• Information that must be disclosed to legally authorized authorities as required by applicable legal regulations or a court order or administrative decree. However, the Parties will notify each other of the disclosure of Confidential Information as soon as possible following such a court order or administrative decree and will support the efforts of the disclosing Party to eliminate the obligation to disclose to the extent permitted by legal obligations and regulations.
• Information or documents that have already been made public by the owner of the information or documents or are already publicly known at the time of disclosure.

Ownership of Confidential Information

Each Party acknowledges that the Confidential Information and rights in such information belong to the disclosing Party and that disclosing such information does not grant any rights or ownership to the receiving Party.

Nothing in this Agreement shall be construed as granting the Parties a special right to use or license the other Party’s Confidential Information, which is protected by intellectual and industrial property law or other legislation. The Parties can only obtain such usage rights through separate agreements independent of this Agreement.

Obligations

The Parties agree to the following regarding the Confidential Information they receive in written, oral, or visual form and will ensure that all other entities and board members, officials, executives, and personnel under their organization comply with the following obligations:

• The Parties agree and undertake to take the same care in protecting the other Party’s Confidential Information as they do in protecting their own Confidential Information.
• Each Party will only use the Confidential Information within the scope of their relationship with the other Party. Each Party agrees not to use the Confidential Information for any other purpose, especially in any way that would directly or indirectly harm the other Party. The Parties may only disclose Confidential Information to employees and sub-employees who need to know it for the performance of tasks related to their commercial relationship, provided that the employees and sub-employees are warned about the confidentiality of the information and are bound by the terms of this Agreement to protect the Confidential Information. The Parties agree in advance that they will be directly responsible if their employees, sub-employees, or other persons affiliated with them act in violation of the obligations specified in this Agreement.
• Each Party will keep the Confidential Information completely and meticulously confidential and will not disclose it in whole or in part to any person other than representatives who need the information for business purposes. They will inform their representatives of the confidential nature of the Confidential Information and their responsibility for keeping the information confidential as required by this agreement.
• All originals of the Confidential Information will be immediately returned to the relevant Party following the termination of the business relationship between the Parties, and all copies that cannot be returned will be destroyed in a manner approved by the relevant Party.
• Each Party acknowledges that the Confidential Information and rights in such information belong to the disclosing Party and that disclosing such information does not grant any rights to the receiving Party. Furthermore, each Party acknowledges that the other Party’s Confidential Information contains valuable trade secrets and that there is no obligation to provide trade secrets to the other Party. Neither Party guarantees the completeness, accuracy, or certainty of its Confidential Information.

Measures to Be Taken in Case of Disclosure of Confidential Information

If either Party becomes aware that its representatives have disclosed the other Party’s Confidential Information in violation of this Agreement, it will immediately notify the other Party in writing. The disclosing Party will take all necessary measures to mitigate the damages that the other Party may suffer due to the unauthorized disclosure and will take the necessary precautions immediately.

Return of Confidential Information

All Confidential Information will be returned to the relevant Party upon termination of the commercial relationship or Agreement between the Parties or upon the written request of the other Party. Future business relationships that may arise between the Parties will be negotiated and implemented under a separate agreement. The confidentiality of this Agreement will not be violated due to other service agreements that may be signed outside of this Agreement.