1. Definitions and Interpretation
   1. Definitions
      1. “Affiliate” means, with respect to a Party, any corporation, firm, partnership, or other entity, which directly or indirectly controls, is controlled by or is under common control with such Party. For purposes of this definition, control shall mean the ownership of securities representing at least 50% of the voting power of the relevant entity on matters submitted to the equity holders of such entity generally, or otherwise having the ability to direct the affairs of such entity. Affiliates of HotelRunner shall be HotelRunner, Inc., HotelRunner Bilgi Teknolojileri Ticaret A.S. and HotelRunner Teknoloji A.S. and any other companies established in different countries and jurisdictions by HotelRunner from time to time.
      2. “Agency(ies)” means online or offline agencies that establish a relationship with your Property through services offered to agencies by HotelRunner or the Channel Manager service.
      3. “Agreement” means an agreement containing Terms and Conditions, all kinds of schedules and annexes implemented, and all Product Annexes implemented.
      4. “Business Day” means a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
      5. “Business Partner/s” means the third party authorized by HotelRunner to manage the relationship between HotelRunner and your Property and support your Property as required.
      6. “Confidential Information” means, notwithstanding the form and the time of disclosure, any correspondence and document that is marked as confidential or is or should be considered as confidential by the other Party due to its nature, including trade secrets, technical information, concepts, designs, plans, precedents, processes, methods, techniques, know-how, innovations, ideas, procedures, research information, financial information, databases, employee information, Guest and supplier information, all copies or extracts related with business of Parties.
      7. “Control” means competence to make decision on finances or activities of a legal person.
      8. “Data Protection Requirements” mean all laws and subordinate regulations applicable in connection with the processing of Personal Information including but not limited to Law on the Protection of Personal Data numbered 6698, United Kingdom Data Protection Law 2018 and the European Union General Data Protection Regulation (GDPR).
      9. “Effective Date” means the date of acceptance of these Terms and Conditions.
      10. “Force Majeure Event” means any event occurring beyond control of Parties that is impossible to avoid and foresee and interrupting, delaying or stopping the performance of obligations and undertakings by the relevant Party, including but not limited with strike, lockout, war - whether declared or not - internal conflict, terrorist actions, earthquake, fire, flood, pandemic and similar other natural disasters, decisions and actions of the state or Governmental Authorities, legislative amendments, faults and delays arising from the electronic communication infrastructure and technical failures and delays that may be experienced in the systems including the Internet connections.
      11. “Government Agency” means any governmental or quasi-governmental public agency established in accordance with the legislation applicable to the government, administrative authority, administrative or judicial body having legal personality or not.
      12. “Guest(s)” means any real or legal person receiving accommodation, etc. services from your Property.
      13. “HotelRunner” means SAAS Hospitality Limited (hereinafter “ HotelRunner”), a company incorporated in England (company number 12013641) having its offices at c/o Fieldfisher, Riverbank House, 2 Swan Lane, London, United Kingdom, EC4R 3TT.
      14. “Intellectual Property Rights” mean all intellectual property rights, including patents, supplementary protection certificates, petty patents, utility models, trademarks, database rights, rights in designs, copyrights (including rights in computer software) and topography rights (whether or not any of these rights are registered, and including applications and the right to apply for registration of any such rights) and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, in each case for their full term, and together with any renewals or extensions.
      15. “ Personal Information” means any information relating to an identified or identifiable natural person.
      16. “Platform” means HotelRunner software service for which all rights are owned by HotelRunner and which allows your Property to accept online bookings from the website created on Wix Platform, accept offline bookings through other features offered by HotelRunner, manage rates and availability, process and manage bookings offline or online, manage and promote your content, sell your services on offline and online agencies and on other related online platforms, manage your revenue, integrate with systems and platforms to accept bookings and facilitate sales, manage guest relationships, integrate with payment methods offered by Wix and accept payments,
      17. “Property(ies)”, “ you” or “ your” means the person or entity purchasing or using Service(s) via Wix Platform or any other platform operated by Wix or its Affiliates on which the Service(s) is offered.
      18. “Service” means technology services embedded in Wix Platform, provided by HotelRunner and detailed as the Platform, allowing the acceptance of online bookings by your Property from the website created over Wix platform, acceptance of offline bookings through other features offered by HotelRunner, management of rates and availability, processing and management of offline or online bookings and revenue, management and promotion of your content, selling your services on offline and online agencies, on other related online platforms, integrations with systems and platforms to accept bookings and facilitating sales, management of guest relationships, integration with payment methods offered by Wix and accepting payments.
      19. “Service Annexes” mean any schedule or document revised time by time by HotelRunner, describing features and functions of each Service.
      20. “Support Business Hours” mean the hours between 09:00 AM and 06:00 PM in the United Kingdom on any day other than public holidays and weekends in the United Kingdom.
      21. “Term” means the term that Wix Users continue to benefit from the Service(s) through the Wix Platform, where the Service(s) is offered by signing agreement(s) with Wix or its Affiliates and/or accepting Wix’ or its Affiliates’ terms and conditions.
      22. “Terms and Conditions” mean terms and conditions in connection with the use of the Platform by the Property and benefiting from the Services offered by HotelRunner.
      23. “Wix” means Wix.Com Ltd., a company incorporated in Israel with offices at 40 Namal Street, Tel Aviv, Israel, which is the owner of Wix Website.
      24. “Wix Platform” means any platform, including Wix.com, on which Wix or any of its Affiliates offers, or will offer in its sole discretion, any or all of the current or future Wix products and services to Wix Users or potential Wix Users, whether or not controlled or operated by Wix.
      25. “ Wix User(s)” means users that have registered with Wix.com or any other platform operated by Wix or its Affiliates by signing agreement(s) with Wix or its Affiliates and/or accepting Wix’ or its Affiliates’ terms and conditions.
   2. Interpretation

      In these Terms and Conditions (unless the context requires otherwise):

      1. Annexes (as amended time by time) shall form a part of these Terms and Conditions and include any reference and annex to the Terms and Conditions;
      2. Any reference made to an annex in the Terms and Conditions shall be deemed as a reference to the current version of the relevant annex to the Terms and Conditions;
      3. Any reference to either Party shall include successors, assigns and Affiliates of that Party,
      4. Headings in the Terms and Conditions are included for convenience only and they shall not form a part of or affect interpretation of the Terms and Conditions.
      5. Singular words shall include plural forms thereof and vice versa;
      6. Reference to any gender shall include any other gender,
      7. Any reference to any law, regulation, directive, communique, legal provision or subordinate legislation in the relevant jurisdiction (“ Applicable Legislation") shall (unless the context requires otherwise) refer to the applicable legislation as amended, enacted, reinstated or merged (with or without amendments) time by time;
      8. The words "include", "including", "in particular” or similar other words shall be interpreted for illustrative purposes only and they shall not limit meaning of the words they follow.
2. Term

   This Terms and Conditions shall take in force as of the Effective Day and be valid during the term that your Property continues to be registered with the Wix Platform.

3. Rights and Obligations
   1. You agree and covenant that you are authorized to benefit from the Service and provide accommodation and accommodation-related services to your Guests within the scope of the Service you benefit from, and that both your Property and Affiliate have all legally required permits and licenses in this context, and that you will continue to have these permits and licenses throughout the Term.
   2. HotelRunner shall at all times act as an independent contractor from Wix within the scope of its business relationship with the Property(ies). In this context, you agree that HotelRunner may act as an independent contracting party separate from Wix.
   3. You shall start using the Service by choosing one of the Service categories or types specified on the Platform. HotelRunner reserves the right to change the scope of the Service offered through the Platform at any time. Each Service you use through the Platform shall be subject to the Terms and Conditions and annexes thereof and (if any) other service-specific conditions specified on the Platform.
   4. The scope of products and services to be offered by HotelRunner within the scope of each category are specified in the Platform attached to the Wix Platform and in the Agreement, and the scope of products and services offered under these categories may be subject to amendment by HotelRunner from time to time, provided that no adverse effect is created on you.
   5. If you wish to use the Service, an account must be created by your Property on the Wix Platform. Your Property shall be responsible for ensuring the security of the username and password used to access the account, and for any transactions made with this username and password. In case it is found that the said username and password have been used or disclosed to unauthorized persons, your Property and you are obliged to notify HotelRunner and Wix immediately. Your Property and you are responsible for ensuring that account information is complete, accurate and up-to-date, and HotelRunner may suspend your right to use the Service or terminate it in accordance with its written agreement with Wix in case the relevant information is not complete, accurate and up to date.
   6. In case you make any campaigns and/or promotions to your Guests, you agree that you shall have all the permissions and authorizations required by the Applicable Legislation and keep HotelRunner and your Guest free from any responsibility regarding the scope and content of such campaigns and/or promotions.
   7. You are individually responsible for ensuring that the website and related content on the Wix Platform where the Service is integrated, and your activities within and/or out of the scope of the Service, and the products and services you provide to your Guest comply with the Applicable Legislation and general standards of ethics.
   8. You are responsible for ensuring that the information you provide to HotelRunner (content, photos, rooms, rates, availability, guest information, payment information, etc.) are complete, accurate and up to date so that the Service can be used fully and properly. HotelRunner shall not be liable in any way for the inability to provide the Service and for any damages incurred due to incomplete, inaccurate or outdated information and/or data provided to HotelRunner.
   9. You covenant that you shall always protect all kinds of Personal Information, including Guest information provided to you by HotelRunner, refrain from disclosing them to unauthorized third parties and avoid using them it in violation of Data Protection Requirements.
   10. HotelRunner may work with third parties and Business Partners from time to time within the scope of the Service; accordingly, you consent to the disclosure of certain information, including Personal Information belonging to you and your Guests, with the said third parties and Business Partners, provided that the disclosure is in compliance with the Applicable Legislation. You are obliged to provide the necessary information and privacy notices   regarding these disclosures and obtain the explicit consent of these persons when legally necessary.   HotelRunner is not responsible for any loss or damage that may arise due to your violation of Data Protection Requirements, including failure in informing/notifying Guests in accordance with Data Protection Requirements and obtaining their explicit consent when legally necessarry.
   11. In case HotelRunner works with third parties and business partners within the scope of a cooperation, the Property shall be notified of this cooperation. Your Property 's consent is requested to the extent legally required for using the Service that will be provided on extended form within the scope of the collaboration.
   12. Further, you agree that the information and relevant contents on the Platform may be disclosed to the authorized Agencies that allow offering of products and services to your Guests and Property(ies) for benefiting from various services of HotelRunner, processing your support requests, questions, inquiries and complaints about the use of the Platform and contacting your Property in connection with the usage of the Platform, and acting for and on behalf of HotelRunner. The disclosed information may include information of Guests and accordingly, necessary usage rights have deemed to been granted to HotelRunner for disclosure of the Personal Information to Agencies.
   13. Information and related content on the Platform may be disclosed to service providers that provide services within the scope of providing support services, service providers that provide or operate hosting services, service providers that analyse data, business partners that HotelRunner cooperates with, HotelRunner Affiliates and Government Agency(ies). For detailed information on disclosure of the Personal Information, please see Annex-1: Privacy Policy.
   14. You agree and covenant that your use of the Service offered by HotelRunner does not in any way constitute an approval for or acknowledgement and/or verification of your products and services; accordingly, you shall not use the name or logo of HotelRunner or its products and services in your promotions and advertisements in a way that shall be interpreted outside the scope clearly specified in the Terms and Conditions.
   15. You are obliged to ensure that the accommodation and accommodation-related agreements you shall enter into with your Guests include at least the following:
       1. Information provided by a Guest may be disclosed to HotelRunner for the purpose of providing accommodation services to the Guest and other uses related with your Property and the Guest, and it may be transmitted to business partners by HotelRunner limited with this scope and purpose,
       2. HotelRunner may use the Guest information you disclose for the purpose of providing you the HotelRunner services, meeting the requirements of the administrative authorities and/or judicial authorities or performance of security obligations and statistical assessments, and may classify and store the information on a database,
       3. HotelRunner does not have any connection with the accommodation services and other services provided by your Property. Guests shall be exclusively indemnified by the Property in case of any loss or damage that may arise from services offered in the Property,  
       4. HotelRunner is not liable in case booking process of the Guest is not completed, the booking is not completed, and the Guest suffers from any pecuniary or non-pecuniary damages due to a problem such as problems with the payment instruments and payment methods selected by the Guest and Force Majeure Events.
       5. HotelRunner shall not be the interlocutor for inquiries and claims of the Guest in connection with the Property and the accommodation and other services,
       6. Your Property may update and/or cancel the booking in accordance with the policies of your Property once your Guest completes the booking process. HotelRunner does not provide any guarantee to the Guest and is not liable to the Guest in connection with update/cancellation of the bookings,
       7. In your cancellation policy that your Guests read an approve during the booking process, for cancellations by the Guest and/or your Property, you have to include information clearly stating that (i) preliminary provision may be obtained from the credit card for the relevant fees (room fee, if any, extra fees, security deposit, etc.), (ii) a nominal amount may be charged from the credit card to verify the credit card or (iii) collection of the relevant fees are consented such as all banking and transaction fees such as exchange rate commissions, credit/ debit card commissions, etc. to be charged in case the booking is cancelled, and (iv) third party payment service providers are bound by the terms of services in case they are used for payments.  
       8. Your Property is exclusively liable for the accommodation services and other services your Property offers to the Guest and HotelRunner is not responsible for the quality of service offered to the Guest,
   16. Your Property is exclusively liable for any Guest and third person claims and the relevant losses or damages (including legal, administrative and penal sanctions) that may arise from breach of the Agreement or Applicable Legislation.   Your Property agree, declare and undertakes that it shall not make any claims from HotelRunner due to the damages incurred within the scope of this article.
   17. You are not entitled to disclose anything that will negatively affect HotelRunner's brand value and image in the market, in all digital and physical channels, including social media; otherwise, this shall constitute a good reason for unilateral termination.   In case HotelRunner incurs any loss or damage due to any disclosure that adversely affects HotelRunner's brand value and image in the market in violation of this article, this loss or damage shall be borne by your Property. Your Property agree, declare and undertakes that when HotelRunner detects a post or content as described above, the post or the content shall be immediately removed from all digital and physical platforms upon notification of HotelRunner even when HotelRunner does not suffer from any loss or damage.
   18. The circumstances in which HotelRunner may communicate directly with your Property are limited to the following:
       • In order to provide you with the Services (including but not limited to sending messages and notifications such as booking notifications, travel agency requests and notifications from the platform),
       • Some support related issues,
       • Complaints about HotelRunner raised via any medium and/or platform where the HotelRunner brand is involved or mentioned,
       • As a result of a claim, issue or dispute raised by you directly with HotelRunner, and
       • To comply with the Guest’s Personal Information access requests or similar regulatory requests.
       • Legal notices and other similar communication related to the Agreement.
   19. The Agreement may always be amended by HotelRunner on unilateral basis, and you accept and consent in advance that the amendments may be made within the scope of the use of Services.
4. Terms of Use for the Platform
   1. Your Property shall be allowed to benefit from the Services (i) if your Property is directly registered with HotelRunner before April 14, 2021, or (ii) in case of lack of such registration stated under item (i), through the website it shall create on the Wix Platform, otherwise, your Property may not register with the HotelRunner Platform in order to receive the Service without a written approval from Wix.
   2. The features you can use on the Platform are limited to the scope of the Service category or types you selected; under no circumstances, HotelRunner guarantees that the Platform and Services shall meet all and the specific needs of your Property.
   3. Except for the purposes set forth in these Terms and Conditions, you do not have right to access the source code of the software on the Platform, create work from the Platform, and copy, modify, reproduce, reverse engineer, decompile, or otherwise create the Platform or the contents within the Platform in any way and for any reason.   You agree and covenant that you shall not intervene with the Platform including but not limited to bots, trojan horses, flood ping, denial of service, spoofing, fraudulent diverting or electronic mail address details or similar methods or the use of technology, and you shall comply with the security measures of HotelRunner and its partners. It is strictly forbidden to change or alter the Platform in any way, give links to or from the Platform without the explicit consent of HotelRunner.
   4. Your Property may upload its own contents to the website it shall create on the Wix Platform, within the scope of the Services, to the extent these contents are technically compatible with the Platform. Your Property shall use the designs, visuals and content provided to it within the scope of the Platform (only limited to the provision of the Services and the creation of its own website); and shall immediately cease the use of the design and content in case of the termination of the Agreement.   The ready-to-use templates and images presented on the Wix Platform within the scope of the Services are compatible with the browsers and mobile devices specified on the Wix Platform, and HotelRunner does not make any commitments regarding the compatibility, integrity and operability of the websites and Services with other devices.
   5. You agree and covenant that the information, content, correspondence and announcements uploaded to the Platform (if any) or presented to the Guests are correct and in accordance with the law and shall not be unlawful or in breach of ethics, such as defamation, insult, slander, threat or harassment, and this information and content shall not lead to any violation of rights. In addition, you represent that those contents shall not contain viruses, spyware, malware, trojans, etc. and the Platform shall not be used for purposes such as data mining and/or screen scraping.
   6. HotelRunner shall process the information disclosed to it within the scope of its relationship with your Property, in accordance with the "Privacy Policy” provided in Annex-1 to this Terms and Conditions. You agree that HotelRunner may disclose the information about your Property to the Government Agencies upon request of the competent authorities in accordance with the Applicable Legislation, and to your Guest for your Guest to exercise legal rights in case of any conflict between your Guest and your Property. Moreover, the information of your Property, your Guests and the transactions carried out by your Property on the Platform may be used for ensuring security, fulfilling its obligations by HotelRunner and statistical evaluations. For detailed information on processing of the Personal Information, please see Annex-1: Privacy Policy.
   7. Access to the Platform may be temporarily blocked in order to implement improvements, updates and other changes to be made on the Platform. In this case, HotelRunner shall endeavour to keep the interruptions as short as possible and make the interruptions during the hours when the Platform usage is at lowest level in order to minimize effects on the use of the Platform.
   8. Your Property is obliged to (i) provide "state of the art hardware” and internet access necessary for the access of its users of the Platform, and avoid getting support and services from the unauthorized persons in case of any failure or error, (ii) make the necessary security software and firewall and the latest versions of anti-virus and anti-trojan programs available in all of their computer systems, (iii) prevent unauthorized access to the Platform and (iv) ensure that the Platform is free from any virus and similar malwares. HotelRunner shall not be held liable for any loss or damage arising from failure in taking the necessary technical and organizational security measures for the security of the Platform.
   9. Responsibility for the content provided by the Property(ies) to the Platform rests solely with the Property providing such content. Accordingly, it is your responsibility to ensure that all necessary rights and permissions have been obtained for the content and its use in connection with the services within the Platform. HotelRunner is not liable for your actions or content.
   10. HotelRunner may be required to review content to determine whether they are legal or violate these Terms and Conditions (such as when illegal content is reported to us) and whether they comply with legal obligations. In addition, content that is considered in breach of the law or these Terms may be changed, deleted, and access/view of these contents may be blocked by HotelRunner.
   11. You shall not be entitled to post the following comments, information and other contents as part of the transactions made over the Platform:
       • Any improper or illegal content.
       • Harmful, insulting, injuring and/or offensive content for other users and/or third parties.
       • Content that threatens any real or legal person.
       • Content that is offensive or harmful to any person.
       • Content that disturbs/ may disturb the users in general.
       • Content that is constantly shared by a single user, irrelevant to the topic and page content.
       • Duplicate content (spam) shared by one or more users.
       • Advertising content on behalf of another brand or organization.
       • Any comments, links or content that supports or encourages illegal actions.
       • All kinds of contents infringing rights of any third real or legal person.
   12. The Property agree, declare and undertakes that it shall comply with these Terms and Conditions and other provisions that may be published on the Platform time by time, the law, ethics and codes of conduct, the principle of good faith, in all the transactions carried out on the Platform, and it shall avoid any behaviour that may hinder functioning of the Platform or any action that infringes or may infringe personal rights of third parties.
   13. In addition to all other Terms and Conditions in this document, you must comply with the following:
       • You shall not transfer or otherwise make the Services/Platform available for the use of a third party;
       • You shall not provide any services based on the Services/Platform without prior written consent;
       • You shall not post links to third-party sites or use third-party logos, company names, etc. without their prior written consent.
       • You shall not publish/disclose any personal or confidential information belonging to any real or legal person without the permission of that real or legal person;
       • You shall not use Services in a manner damaging, deactivating, overloading or breaking any server, network, computer system, source of HotelRunner.
   14. It is forbidden to take the following actions within the scope of accesing and using the Platform:
       • Using the Platform in a fraudulent manner or for any illegal or unfair purpose.
       • Continuing with the use of the Platform despite the presence of a reason that eliminates your authorization to use the Platform.
       • Attempting to have unauthorized access to the Platform.
       • Performing security vulnerability or similar other tests on the Platform.
       • Collecting or attempting to collect information about other users of the Platform.
       • Intervening with or interrupting the functioning of the servers or networks used for the Platform including hacking or falsifying any part of the Platform, or breaching any requirement, procedure or policy of these servers/networks.
       • Restricting or blocking the use of the Platform by any other person.
       • Reproducing, modifying, adapting, making derivative works of, selling, leasing, lending or otherwise exploiting any part of the Platform (or any relevant use) without the authorization of HotelRunner.
       • Reverse engineering, conversion into source code and disintegration in connection with any part of the Platform.
       • Acting in breach of any copyright, trademark or other intellectual property rights.
       • Using the Platform/contents thereof for developing any product or service serving to the same or similar purpose as the Platform or otherwise competing with the Platform.

       Users are responsible for the provision, maintenance and payment for their own hardware, telecommunication and other services required for using the Platform.

5. Fees
   1. All transactions relating to the Service fees, such as payment, taxes, invoices, subscription auto-renewals and chargebacks shall be subject to the terms defined in Wix.com Terms and Conditions that you have accepted on the Wix Platform.
   2. No payment shall be made directly to HotelRunner; and Wix shall be the only addressee of any financial claims, questions, requests and disputes.
6. Protection of Personal Information
   1. Obligations of Parties:
      1. Without prejudice to (“ Confidentiality ”) provisions of the Terms and Conditions, Parties guarantee and covenant that Personal Information shall be processed in compliance with the Data Protection Requirements and any other data protection legislation and amendments thereof that are or may be in force time by time, in case of Personal Data that may be disclosed between your Property and HotelRunner (collectively, "Parties").
      2. Parties represent, agree and covenant that the Personal Information   Processing carried out by them within the scope of the Terms and Conditions are in compliance with the Data Protection Requirements.
      3. Parties are obliged to take any necessary technical and organizational security measures described in Data Protection Requirements in connection with protection of Personal Information obtained during performance of the Agreement; ensure data security; act in compliance with the confidentiality principles; prevent processing of Personal Information by unauthorized persons and take all actions aimed at protecting Personal Information from all unauthorized acts.
      4. The party that is the Data Controller regarding the Personal Information of the Guest is the Property ( “Data Controller”). HotelRunner, on the other hand, is the party that processes such Personal Information within the scope of the Service in accordance with the instructions of the Data Controller and these Terms and Conditions ( “Data Processor”). In this context, HotelRunner shall process the Personal Information through the Platform for the provision of the Service in accordance with these Terms and Conditions, transfer them to the third parties for the performance of Services; take reasonable measures necessary to prevent access to the Personal Informatin by unauthorized parties; refrain from transferring the Personal Information to third parties beyond the purposes hereunder and destroy the data upon expiry of data storage time in accordance with the Data Protection Requirements.
      5. HotelRunner acts as the Data Controller when processing the information of the authorized parties of the Property within the scope of the Service relationship established with the Property. HotelRunner is not bound by the instructions of the Property within the scope of the processes for which it is the Data Controller. In this context, HotelRunner agree, declare and undertake to act in accordance with the Data Protection Requirements as the Data Controller in the processing and protection of Personal Information regarding the authorized persons of the Property.
      6. The Parties agree that in case of transfer of the Personal Information to another real or legal person for data processing on their behalf, they are responsible for completion of this transfer in accordance with the Data Protection Requirements and for taking the necessary technical and organizational security measures. Information transfer between the parties shall be carried out with secure methods by taking the necessary technical and organizational security measures in accordance with the nature of the Personal Information transferred.
      7. Regarding the processing of Personal Information under the Agreement, Parties shall disclose the necessary information and documents directly related to the dispute/investigation/audit to the other Party and provide the necessary support within the scope of a possible dispute/investigation/audit concerning the interests of the other Party.
      8. In connection with anything containing Personal Information including any information and document obtained in accordance with the Data Protection Requirements and disclosed to the other Party solely for the performance of services specified in this Agreement, Parties represent, agree and covenant to:
         1. keep any Personal Information confidential, use the processed Confidential Information solely for the performance of this Agreement and the relevant services and activities, refrain from disclosure or transfer to third parties without prior written consent of the other Party except for the compulsory disclosures/transfers for the performance of the Service and legal obligations;
         2. provide other Party with the documents, information and other support reasonably required in connection with meeting the requests of the relevant Government Agency and by reason of a dispute concerning the other Party about any transfer and technical data processing;
         3. take appropriate and sufficient technical and organizational security measures and update such measures in order to store and protect Confidential Information against accidental or illegal destruction or accidental loss, damage, modification, unauthorized disclosure or unauthorized access and any other illegal acts particularly when it becomes necessary to transfer the data over a network/infrastructure;
         4. store the Personal Information for the periods specified in the Applicable Legislation and delete the data in case the purpose of processing is no longer valid
      9. In case Parties become aware of or have a reasonable suspicion about the processing of Personal Information in line with the Data Protection Requirements or a data breach affecting the Personal Information, they have to notify the other Party immediately (within 24 hours at the latest) and undertake to assist and support the notifying Party free of charge. A notification should be served using dataprivacy@hotelrunner.com address in case any party becomes aware of or has reasonable suspicion about any breach affecting Personal Information or the processing of Personal Information in accordance with the Data Protection Requirements.
      10. Parties are exclusively liable for the breach of their obligations set forth in this Article and shall indemnify the other Party in proportion to its fault, in case of any damages, lawsuits, claims or prosecutions, etc., arising because of such breach.
      11. Parties represent, agree and covenant that they understand that the relevant party and employees thereof may be subject to sanctions and penalties may be imposed in accordance with provisions of the Applicable Legislation and any action in case the Personal Information is obtained, processed, used and transferred to third parties in breach of the Applicable Legislation, and any action and process shall be performed accordingly.
   2. Other Obligations of the Property
      1. The Property is responsible for processing the Personal Information transferred to the HotelRunner in accordance with the Data Protection Requirements. Accordingly, the Property agrees, declares and undertakes that the obligation to inform has been fulfilled and explicit consents of the data subjects whose Personal Information is processed is obtained when legally required for the processing of Personal Information and its transfer to HotelRunner.
      2. The Property agree, declare and undertakes that it shall inform HotelRunner about the requests of the data subjects of which the Personal Information is transferred to HotelRunner, regarding the processing of their Personal Information that should be performed in accordance with the Data Protection Requirements. In the event of erasure, destroying, anonymization of Personal Information and other requests of the data subjects are forwarded to HotelRunner by the Property, HotelRunner will fulfill the relevant requests within a reasonable time, without prejudice to its obligations arising from the legislation.
      3. The Property agrees that HotelRunner may use sub-processors to fulfil its obligations within the scope of the Service or provide support services during its own processes. HotelRunner limits the sub-processor’s access to Personal Information on "need to know” basis to maintain the Service.
      4. HotelRunner provides services to Properties worldwide. In this context, Personal Information may be processed by HotelRunner and transferred to its Affiliates, suppliers and business partners outside the country where the Property is located. These countries may have data protection regulations that differ from the laws of the country where the Property is located. It is the Property's responsibility to ensure compliance with the applicable Data Protection Requirements regarding the cross-border transfer of Personal Information transferred to HotelRunner, its Affiliates and business partners.
      5. In case the Property does not comply with Article 6 or Data Protection Requirements, the Property shall be liable for all consequences, including the claims of HotelRunner and/or the data subjects for losses or damages and penalties that may be imposed by the Government Agencies.
7. Confidentiality
   1. Unless otherwise determined and/or notified by Parties, any written or verbal information and documents of Parties including but not limited to any financial information, subscription details, service description of Parties, infrastructure details, ideas, discoveries, inventions, specifications, formula,   models, purposes, standards, trade secrets, drawings, samples, devices, computer programs, demonstrations, technical information, intellectual and industrial property rights, shareholding information, any information and document of the third real and legal persons in commercial relationship or subscription relationship with Parties and subsidiaries or affiliates of Parties, any written, verbal, electronic information and document between Parties including discussions, negotiations, meetings, etc. including the Personal Information that may be transferred or provided to the other Party and/or obtained before execution of the Agreement by Parties shall hereinafter be referred to as “ Confidential Information”.
   2. Confidential Information shall not include (i) any information that is already made public or information that becomes public after execution of the Agreement or comes to the public domain without breach of the confidentiality obligations of parties, (iii) any information obtained from any third person that is not bound by any confidentiality information and (iv) any information that comes to public domain without breach of any provision in this agreement, (v) any information that should be disclosed upon request of any Government Agency and /or as required under the Applicable Legislation (however, in case either party becomes obliged to disclose the Confidential Information to the Government Agencies due to legal obligations, the other party shall be notified in the shortest time possible before making the disclosure).
   3. Confidential Information may not be- partially or wholly- reproduced, copied or used without the prior written consent of the party providing the information. Any Confidential Information provided under this Agreement, including copies of such information, shall be returned or destroyed to the disclosing party upon termination of the Service or at the request of the party disclosing such information.
   4. Except for the parts of the Confidential Information that are in the public domain without any breach of the Agreement, and in cases where the judicial or Government Agencies request the Confidential Information within the framework of the law, the Parties shall not disclose the Confidential Information during effective term of the Agreement and for a period of ten (10) years upon termination or expiry of the Agreement.   Confidential Information may be used for the performance of the Agreement, and it shall not be used for any other purpose whatsoever.
   5. The Parties shall disclose the Confidential Information to all concerned employees including but not limited to legal representatives, agents, officers, consultants that work in performance of this Agreement and require the Confidential Information for the performance of the Agreement, and third parties in service and/or proxy relationship by placing warning notes and phrases about the level of confidentiality such as "confidential", "private", or by encrypting electronically. Either Party agrees that it shall be ensured that all employees including but not limited to the legal representatives, agents, officers and consultants and third parties in service and/or proxy relationship shall comply with the confidentiality obligations specified in the Agreement and it shall be liable to the other Party due to breach of the confidentiality obligation by the aforementioned parties during or after the Terms of Conditions, for the effective term of the Agreement and for a period of ten (10) years upon expiry or termination of the Agreement by any reason whatsoever and indemnify the other Party against any loss or damage that may be suffered due to breach, fully at once in cash and in advance.
   6. Any communication and information disclosure between Parties and the Affilities in connection with or under the Agreement including the disclosure of the wording of the Agreement shall not be considered as breach of the confidentiality obligation.
8. Intellectual Property Rights
   1. HotelRunner owns all rights, titles and interests attached to the Platform, Service, and software, design, etc. developed and produced within the scope of Services. Nothing in the Terms and Conditions shall be construed as transferring any or all related rights, titles and interests to your Property. A non-transferable and non-exclusive right limited with the term of the agreement has been assigned to you in connection with the contents such as Platform, Service, software, design, etc.    
   2. You reserve the intellectual property rights in the content you provide to us or the Platform, except for the limited rights that enable us to provide you Services through the Platform. In other words, you own the content and the rights related to it, but we need to obtain certain permissions from you so that our processing, maintenance, storage, reproduction, backup, distribution and related operations of your content do not violate copyright and other laws. The right of use of the content provided by your Property on the Platform or the content itself belongs to the Property, and for the purposes of these Terms and Conditions, a worldwide, free, non-transferable and non-exclusive license (right to use) is granted to HotelRunner for the effective term of the agreement.
   3. Wix has transferred rights to use for the media, content and services provided by Wix to HotelRunner in line with the integration and the usage of the Platform within the Wix Platform and your Property's use of the Platform. As part of your use of the Wix Platform, you should not take any action that may infringe intellectual property rights, in accordance with Wix's Terms and Conditions. For detailed information, please see Terms and Conditions of Wix ( www.wix.com/about/terms-of-use) and/or other policies under Wix.com.
   4. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method attached to the Platform are owned by HotelRunner and are protected by national and international laws. Visiting or using the Platform does not grant you any right to those intellectual property rights.
   5. You agree and covenant that you shall refrain from using trademark, brand name, service brand, logo, domain name, etc. of HotelRunner (or its Affiliates thereof) or showing them as a reference and infringing intellectual and industrial property and confidentiality rights of any real or legal person.
   6. You agree and covenant to respect all rights of third parties, especially copyrights and personal rights, while using the Platform and the Service. In case it is determined that the rights of third parties have been violated, HotelRunner may temporarily suspend the Service or terminate it in accordance with a written agreement with Wix.
   7. The information on the Platform may not be reproduced, published, copied, represented and/or transferred by any reason whatsoever. The Platform may not be used on another website/media -whether wholly or partially- without consent or in violation of the rules specified here.
   8. It is prohibited to use the platform's design, source codes, interface, content, database whether partially or completely by modifying or altering.
9. Restriction of Liabilities
   1. You agree and covenant to indemnify, defend and hold harmless HotelRunner, its Affiliates, succesors, transferees, assignees, and the respective agencies, officers, managers, directors and employees of each from and against any claims for rights, obligation, loss, damage or expenses including but not limited to reasonable attorney and accounting fees arising in connection with or from the breach of the Agreement including Annexes thereof or the Applicable Legislation or the use of the Service of Platform or liabilities awarded by a court or pursuant to an agreed settlement, relating to third party claims made against HotelRunner.
   2. HotelRunner is not an intermediary, agency or insurer of your Property.   HotelRunner is required to provide only the Service within the scope of the Agreement,   and you represent and agree that HotelRunner is not a party to the relationship between Guests and the Property. HotelRunner's sole responsibility within the scope of the Service is to bring the relevant parties together technically and in this context, HotelRunner shall not be held liable for the breach of   Agreement or the Applicable Legislation by your Guests.   Any claims of your Property from your Guests shall be directed directly to the relevant party. Your Property is obliged to specify that HotelRunner's liability is limited to providing only the Service within the scope of the Agreemen in the accommodation agreements and other relevant agreements to be made with the Guest, as specified in but not limited to the Article 3.15 of these Terms and Conditions. You agree that HotelRunner is not liable for any claim that the Guest may submit to HotelRunner due to your Property's failure to fulfil any of its obligations.
   3. Your Property is exclusively liable for any content that may be uploaded to the Platform, and you shall be notified by HotelRunner of any claims and damages arising from such content. You represent and agree that HotelRunner is not liable for investigating the authenticity, safety, accuracy of any product or service offered and advertised through the Service, including the content provided by your Property, and to determine whether their sale/sales and promotion/promotions over the internet is legal or not and for any loss or damage that may arise from or in connection with the product, service and contents.
   4. HotelRunner shall not be liable for overbookings of your Property due to the actions taken by you and your Property; and your Property shall be exclusively responsible and liable for inventory management. HotelRunner provides all the guidance and necessary notifications regarding overbooking and inventory management of your Property on the Platform, however, it does not accept any liability for any overbooking or problems due to the inventory management.
   5. Except the obligations stated under this Agreement, HotelRunner may not be held liable for not meeting or not complying with any requests or requirements of your Property   Any communication/instructions between your Property and HotelRunner shall be exchanged through official communication channels and by the authorized representative(s)/contact person(s) of your Property.    
   6. HotelRunner and its Affiliates, subsidiaries, directors, representatives, employees or other representatives thereof are not liable for any direct, indirect, special, incidental, consequential, penal and/or exemplary loss or damage including but not limited to loss of profit or income, data loss and/or loss of business that may arise in connection with the use or non-use of the Platform or reliance upon contents of the Platform, whether the possibility of such loss or damage is notified to HotelRunner in advance or not.
   7. You represent and agree that links may be provided from the Platform to other websites and/or platforms, files or contents that are not under control of HotelRunner, and you may be required to review and approve the applicable usage rules or terms and conditions when using these websites and/or platforms. Such links do not serve as HotelRunner’s acknowledgement, verification, approval or guarantee in connection with the website and contents thereof or support provided to the internet site or operator/service provider thereof; and HotelRunner shall not have any responsibility in connection with platforms, internet sites, files and contents, services or products and contents thereof accessed via such links.
   8. The Platform, the Services and other content within the Platform are provided "AS IS" and HotelRunner has no responsibility or commitment regarding their accuracy, completeness and reliability. HotelRunner also does not warrant that use of the Platform shall be uninterrupted or error-free. In addition, the operation and availability of systems used to access the Platform, including general telephone services, internet networks and technical infrastructures, may be unpredictable and may interfere with or block access to the Platform time by time.   HotelRunner shall not be held liable for any interruption with your access or use of the Platform due to any such unforeseen external intervention.
   9. HotelRunner does not support the Platform to work with third party software that may be integrated into the Platform by the Property manually and/or through unapproved methods. HotelRunner may not be held liable for any malfunctions, loss of data and loss of functionality of the Platform that may occur within the scope of an intervention to the Platform.
   10. Under no circumstances, the Platform shall be deemed to be the “publisher” of the content your Property uploads to the Platform, it does not approve any content and assumes no liability for any content uploaded and published. In addition, HotelRunner shall not be liable for the use of content that contains obscenity and pornography or is harassing and/or violating any other Applicable Legislation through the Platform within the scope of the Service.
   11. You are directly responsible for the provision of the hardware, software, infrastructure and connections required to access the Service and any fees associated with them. You agree that the access to and the quality of the Services and content offered on the Platform largely depend on the quality of the service provided by the relevant internet service provider, and HotelRunner is not liable for any problems arising from such service quality.
   12. In case of a security breach, such as inaccessibility to the Platform, restriction of the use of the Platform, due to failure to take the necessary technical, administrative and organizational security measures within the scope of the use of the Platform, HotelRunner should be immediately informed in order to evaluate whether the problem may be resolved efficiently. In case HotelRunner determines that the security breach is caused by the misuse by your Property, it may not be held liable for any loss or damage by any reason whatsoever.   Property is liable for taking any technical and organizational security measures required for protecting security of the Guest information obtained and used within the scope of the Platform and Service, ensuring security and confidentiality of any information and taking backups of the data in order to achieve the foregoing.
   13. HOTELRUNNER SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, IMPLIED, PENAL LOSS OR DAMAGE ARISING FROM THE USE OF THE PLATFORM INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, GOODWILL AND LOSS OF REPUTATION, EXPENSES INCURRED FOR REPLACEMENT PRODUCT AND SERVICE TO THE EXTENT PERMITTED UNDER THE APPLICABLE LEGISLATION, AND EXCEPT FOR THOSE ARISING FROM ITS OWN OMISSION.   IN ADDITION, HOTELRUNNER REPRESENTS THAT IT DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY INCLUDING BUT NOT LIMITED WITH IMPLIED WARRANTY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Termination
    1. The Agreement shall remain in effect for the Term and terminate upon receipt of the termination notification sent to HotelRunner by Wix in connection with your Property.    
    2. The continuity of the Platform and the Service is at HotelRunner's discretion, and HotelRunner may suspend or terminate them at any time in accordance with a notice sent by Wix. In this case, parties shall not be entitled to make any claims to each other except HotelRunner’s rights to claim its losses from the Property.
    3. You are obliged to first notify Wix of your request regarding the termination of the Service(s) offered to you by HotelRunner under this Terms and Conditions. The termination shall take effect after your request is forwarded to HotelRunner by Wix.
    4. HotelRunner may suspend the Agreement on unilateral basis and with immediate effect or terminate the Agreement upon receipt of Wix’s request or approval in the event of occurance of the following cases:

    (a) you act in breach of your obligations specified in the Agreement and the Applicable Legislation and you fail in correcting the breach within a period of 5 (five) days upon receipt of the relevant notification or (b) any change occurs with the partnership structure or any change occurs with your shareholding or control structure or (c) you lose your business licence, you become subject to voluntary or compulsory bankruptcy, insolvency and delayed bankruptcy proceedings, an administrator is appointed over your assets and you become subject to arrangement with creditors or you cease operations permanently or your business line becomes subject to material change or you dispose all or substantial portion of your assets.

    5. Termination of any part of the Service you use in the Platform shall not affect applicability of the Terms and Conditions to the other Services. In case all Services or the Terms and Conditions and its annexes thereof expire, your usage of the Service and the Platform shall terminate immediately and the content of your Property shall be irretrievably deleted from the Platform.
    6. Either party shall not be entitled to claim any loss or damage due to loss of indemnity or profit, loss of Guests, etc. in case the Service is suspended or terminated as specified in the Terms and Conditions.
11. Force Majeure
    1. Parties shall not be held liable for not performing their obligations in full or timely manner by reason of any Force Majeure event.
    2. In case a Force Majeure event continues for at least 30 (thirty) consecutive days without interruption, HotelRunner has the right to terminate the Agreement in line with the written agreement with Wix. In case of termination as described above, Parties shall not make any claim regarding the unperformed part of the Agreement, except for the activities performed by the Parties until the date of termination, and no indemnity liability shall arise against each other by any reason whatsoever.
    3. Parties shall not be entitled to claim Force Majeure event in case of:
       1. actions or conditions arising from omission or negligence of the relevant Party;
       2. financial position of the relevant Party;
       3. any delay caused by the relevant Party's sub-contractor and/or third party supplier by any reason other than a Force Majeure event;
       4. failure in obtaining or termination of the licences, permits, etc. required for the continued performance of the relevant Party's business activities.
12. Notices
    1. Within the scope of this Terms and Conditions, any notice that you are obligated to serve or any permission that you are required to provide to us should be in writing and in English within the term specified in the Terms and Conditions. HotelRunner shall not be held responsible for any damage arising from the delay in the delivery of the notifications or permissions stated above.
    2. A notice is taken to have been given:
       1. immediately upon delivery, if delivered personally;
       2. if mailed, on the second Business Day after posting, if mailed; and
       3. on the date sent, if emailed, unless the recipient is able to demonstrate that the email failed to be delivered.
13. Governing Law and Jurisdiction

    This Agreement (and any dispute or claim relating to it or its subject matter (including non-contractual claims)) is governed by and is to be construed in accordance with English law. When a dispute arises between the parties, the disputing party will give written notice setting out in detail the nature of the dispute. In case of a dispute, the parties will act in good faith to settle the dispute by negotiation and will make all reasonable efforts to do so. The provision regarding the settlement of the dispute regulated in these Terms and Conditions cannot be interpreted in a way that prevents the parties from seeking their rights through legal means in the judicial and administrative authorities. The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any claim, dispute or issue (including non-contractual claims) which may arise out of or in connection with this Agreement, to the fullest extent permitted by applicable law.

14. Miscelleneous
    1. Assign and Transfer
       

       Without the prior written consent of HotelRunner, you have no right to assign any rights, obligations or licenses arising from the Agreement.

    2. Change in Control
       

       If you suffer a change in Control and the new controller is (a) a competitor to HotelRunner or (b) poses a material threat to HotelRunner’s business, upon our mutual agreement with Wix, we may terminate the Agreement and the supply of any Products or Services by providing you with reasonable prior written notice in line with the written agreement with Wix.

    3. Compliance with the Law
       

       Parties shall comply with all Applicable Legislation, regulations and decisions. In case of any contrary behaviour, all tax, legal and penal liability shall be borne by the breaching party. Parties shall observe and ensure that all their employees, representatives, subcontractors and third-party suppliers and employees thereof comply with all applicable and future laws and other legislation. In case any provision of the Agreement is partially or completely inconsistent or non-compliant with the Applicable Legislation, the said situation shall be discussed separately from the Agreement and the other provisions of the Agreement shall remain in effect and valid.

    4. Legislative Amendments
       

       Any imperative amendment made to the laws, regulations and other subordinate legislation applicable to Parties and/or the Agreement and orders of the Goverment Agencies made during the term of the Agreement shall be binding upon Parties and take effect for the Agreement as of the effective date thereof. In case it becomes necessary to amend this Agreement by reason of amendments and/or orders of the Government Agencies, Parties shall make the required amendments based on mutual agreement within the specified period of time.

    5. Antibribery
       

       Each Party undertakes not to engage in any acts of bribery, kickback or other improper inducement. Each Party shall not, directly or indirectly, undertake nor cause nor permit to be undertaken any activity that would have the effect of causing Wix or HotelRunner or its Subsidiaries or Affiliates to be in violation of any applicable laws, regulations, ordinances or other governmental requirements, including, without limitation the U.S. Foreign Corrupt Practices Act of 1977 or Bribery Act 2020, or applicable anti-bribery or anti-corruption law (the “Anti-Corruption Laws”). Without derogating from the generality of the above, each Party undertakes not to give, offer, promise, authorize, or make any payment to, or otherwise contribute any item of value to, directly or indirectly, any government official or officer, in each case in violation of such applicable Anti-Corruption Laws.

    6. Relationship Between Parties
       

       No provision of this Agreement shall be interpreted as establishment of any agency, partnership or joint venture relationship between Parties and any successors thereof. Neither Party shall force the other Party to conceal information based on the belief that other parties are agents, representative or partner of either Party. Parties are independent merchants.

    7. Waiver
       

       Any failure of Parties in exercising any right arising from this Agreement shall not be deemed waiver of any right of Parties unless any provision of the Agreement is waived expressly in writing by Parties.

    8. Amendments
       

       Unless otherwise specified in the Agreement and Annexes thereof, waiving, cancelling, invalidating, or changing any article of the Agreement shall not be interpreted as cancelling the entire Agreement. The Parties may waive, cancel, nullify or amend any article of the Agreement only if there is a written agreement between the Parties.

    9. Entire Agreement
       

       The Agreement forms the entire agreement made between Parties in connection with the service under the Agreement and it shall supersede any other agreement, understanding, protocol, etc. previously signed or made between parties in writing or verbally.

    10. Severability
        

        In case any one or more of the provisions (or parts of a provision) in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision (or part of a provision) of this Agreement; and this Agreement shall, to the fullest extent lawful, be reformed and construed as if such invalid or illegal or unenforceable provision (or part of a provision), had never been contained herein, and such provision (or part of the provision) reformed so that it would be valid, legal and enforceable to the maximum extent possible. Without limiting the foregoing, if any provision (or part of provision) contained in this Agreement shall for any reason be held to be excessively broad as to duration, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the fullest extent compatible with then existing applicable law.

    11. Communication
        

        The Property shall be contacted via the email specified during subscription and communication channels specified under the Terms of Use of Wix.com provided in Wix Platform in accordance with the Article 3.18 of this Terms and Conditions. Email correspondence shall be considered as written communication. The Property is obliged to keep the email address up to date and check the Platform regularly for notifications.

ANNEX 1

PRIVACY POLICY

This Privacy Policy (“ Policy”) has been prepared for providing information on processing of the personal information by SAAS Hospitality Limited (“ HotelRunner” or “ Company”) in case services of HotelRunner offered to Wix users are used over the website of Wix.Com Ltd (“ Wix”).

Please click the headings below to access any section of the Policy about which you would like to get information:

1. Scope of the Policy
2. How does HotelRunner Act During the Processing of Personal Information?
3. Which Personal Information is Processed?
4. What are the Methods of Collecting Personal Information?
5. What are the Purposes of HotelRunner in Processing Personal Information?
6. To Whom Personal Information is Transferred?
7. What is the Duration of Storing Personal Information?
8. What are Your Rights?
9. Children’s Information
10. Contact Us

1. Scope of the Policy
   

   HotelRunner offers services where small, medium and large-sized hotels, chain hotels, B&Bs, motels, daily and monthly rentals, hostels (collectively “ Property”) can manage their properties and accommodation services online including operations, guest relations and sales. HotelRunner enables its users to increase their sales and easily reach different guests around the world by creating innovative sales channels.

   HotelRunner services are integrated into the website you created on Wix.com and your administrative dashboards on Wix.com. Within the scope of your website created via Wix.com, you have the HotelRunner services created for the management of your Property and your bookings that are integrated into your website and your dashboards. All rights of the HotelRunner Platform (" Platform") that you will use through Wix.com are owned by HotelRunner.

   During provision of the services within the scope of the Platform, HotelRunner will have access and process the personal information of your Property's authorized representatives and guests. However, HotelRunner processes guest information and personal information of authorized persons of your Property in different ways. This Policy includes explanations regarding both processing activities.

   For the purposes of this Policy, “Data Protection Requirements” means all laws and subordinate regulations applicable in connection with the processing of personal information including but not limited to Law on the Protection of Personal Data numbered 6698, United Kingdom Data Protection Law 2018, and the European Union General Data Protection Regulation (GDPR).

2. How does HotelRunner Act During the Processing of Personal Information?
   • Processing of the Information of Your Property's Guests by HotelRunner

   In line with your use of HotelRunner services, you provide us with certain information about your guest. HotelRunner's duty in these services is to ensure that guest information is entered into the Platform in the most accurate and easy way, and that you use the Platform appropriately. HotelRunner does not use the guest information you enter on the Platform for its own purposes. HotelRunner's access to guest information is limited to your use of the Service and the Platform. In this context, HotelRunner acts solely as a data processor. Accordingly, you, as the data controller, are responsible for the compliance of your guests’ information with the Data Protection Requirements.

   Your Property is responsible for complying with Data Protection Requirements for the processing of guest information. Accordingly, your Property must inform the guests whose personal information will be entered on the Platform and obtain their explicit consent when legally required. In case guests make a request regarding the processing of their personal information, HotelRunner is not responsible for responding to these requests. In case there is a request forwarded to HotelRunner, HotelRunner provides the necessary support to forward this request to you and your Property. In addition, if there is a technical intervention required by your Property in connection with guest information, we may also perform these activities upon your request.

   • Processing of the Information of Your Property's Authorized Representatives by HotelRunner

   HotelRunner systematically gets your registration through Wix to ensure that you can benefit from the Platform. For this reason, it processes the personal information of the authorized persons of your Property (this person may be the owner or representative of the Property) and makes the necessary system registrations.

   HotelRunner acts as a data controller when processing personal information regarding the Property's authorized representatives. Acting as a data controller means that it is obliged to comply with the Data Protection Requirements in these processes. HotelRunner has prepared this Policy to inform the Property's authorized representatives within the scope of Data Protection Requirements. The following sections contain detailed information on how HotelRunner processes the information of the data subjects included in this scope.

3. Which Personal Information is Processed?

   The authorized persons of your Property (for example, the owner or a representative) share their personal information with HotelRunner. The personal information that HotelRunner processes related to the Property's authorized representatives are provided below:

   Your Identity and Contact Details

   This information can directly identify you. This information may be used alone or in combination with other information.

   As HotelRunner, we process the following identity and contact details:

   • Name and surname of the authorized person,
   • Telephone number, email address and address of the authorized person,
   • Signature circulars,
   • Company employing the authorized person and his/her position in the company.

   Information on Transaction Security

   This information are technical information we obtain in connection with the devices you use. These are as provided below:

   • IP address of the device used to connect to the Platform,
   • ID of the device used to connect to the Platform,
   • The type of browser used to connect to the Platform,
   • Your information about the transactions you perform within the scope of using and visiting the Platform (logs),
   • The operating system used.

   HotelRunner also automatically tracks certain information regarding your transactions and behaviour on the Platform. HotelRunner uses this information to better understand your use of the Platform and to provide useful changes, updates, and improvements.

   Other Personal Information

   This information are obtained within the scope of the communication you establish with our Company. These are as provided below:

   • Information regarding the written communication between HotelRunner and your Property,
   • Information within the scope of email correspondences between HotelRunner and your Property,
   • Information you convey to HotelRunner within the scope of your requests, inquiries and complaints,
   • Your feedback regarding the delivery of the Service and the Platform.
4. What are the Methods of Collecting Personal Information?
   • Your Use of HotelRunner Services: When you create an account on Wix.com, your personal information is automatically shared with us because the Platform is integrated with Wix and its platforms and the website you will create using Wix.com. When you create a Wix.com website, your personal information is shared with us by Wix.com. In this context, we make the necessary adjustments to create your system authorizations and enable you to benefit from the Service.
   • Visits to the Internet Site: We may only process certain personal information as part of your visit to our website even when you do not have a HotelRunner user account. This personal information includes information about your visit, such as browser type, operating system, actions you take on the site, and the IP address you use to access pages on the site. For information on personal information processing activities within the scope of the website, please visit: https:// hotelrunner.com/en/privacy.
   • Question, Inquiry and Complaint Channels: We also collect your personal information through the correspondence we conduct in electronic and physical environments, the feedback you share with us, your questions, inquiries, and complaints submitted to HotelRunner. For example, you can forward your questions, inquiries and complaints to us through our support channels.
5. What are the Purposes of HotelRunner in Processing Personal Information?

   We only process the personal information you share with us in order to achieve certain purposes. We assure that your personal information is safe with HotelRunner and that your personal information is not subject to any processing activities other than the purposes listed below. In case your personal information will be processed for a purpose other than those specified in this Policy, we will inform you in advance.

   Provision of HotelRunner Services

   HotelRunner's main purpose in processing your personal information is to allow you to benefit from the services offered by HotelRunner. In this context, we process your personal information within the scope of the agreement made between you and HotelRunner. During provision of the services, our purposes for processing your personal information also include:

   • Making system registrations for the Property's authorized representatives, creating user accounts and authorizations,
   • Accepting and managing online and offline reservations from your website and your dashboard, promoting your Property in online and offline channels through travel agencies, providing integration with systems and platforms that enable reservations, promotion, sales and acceptance of payments, providing central reservation, revenue and guest relationship management,
   • Ensuring the control, management and supervision of the business operations conducted through HotelRunner,
   • Providing technical support within the scope of access and use of the Platform.

   Communication Processes

   HotelRunner contacts you for your requests, inquiries and suggestions during the provision of services. HotelRunner cares about your feedback regarding the services it offers and takes it into account to improve its services. These processes are carried out within the legitimate interests of HotelRunner. The purposes of processing your personal information within the scope of carrying out communication activities are as follows:

   • Receiving and processing your questions, inquiries and complaints,
   • Receiving your feedback about the Platform and our services,
   • Developing and improving the Platform and our services within the scope of your feedbacks,
   • Contacting you regarding the Services and the Platform updates, changes and improvements.

   Execution of Legal Processes

   HotelRunner processes your personal information in order to protect its rights in case of a potential dispute. In addition, there may be situations where HotelRunner requires to disclose the information to the governmental authorities and agencies in order to perform its legal obligations.   The objectives of processing your personal information as a requirement of legal processes include:

   • Performance of our legal obligations in cases the governmental authorities and agencies make a request from our Company or when we need to notify these entities (for example, sharing your personal information when a public institution requests information about a transaction that is suspected to be illegal),
   • Protecting our Company rights, reputation and the rights of the Properties with which we have a business relationship in the event of a possible dispute.

   Ensuring the Security

   During the processing of your personal information, we take some precautions to ensure compliance with the relevant legislation, identify violations and prevent fraud. In this context, for example, we do not allow a Property to create a user account twice. In taking those protective measures, we aim to protect the rights of both the Properties benefiting from HotelRunner’s services and our Company. In this context, we have listed the purposes for which we process your personal information below:

   • Compliance with applicable legislation and Data Protection Requirements,
   • Investigating security incidents/event suspicions and preventing forgery/fraud,
   • Investigating situations that violate the HotelRunner Terms and Conditions.
6. To Whom Personal Information is Transferred?

   Please note that your personal information is protected by HotelRunner and is not disclosed to unauthorized third parties.

   Your personal information may be transferred to and processed in countries other than your country of residence. These countries may have data protection regulations that differ from the laws of your country.

   Our Affiliates, third-party service providers and business partners operate in different countries. This means that we may process your personal information in any of these countries. However, please note that we have taken the necessary measures in accordance with the applicable Data Protection Requirements to ensure the protection of your personal information during these transfers.

   The parties with whom we transfer your personal information are listed below:

   Authorized Travel Agencies

   We share your personal information with the travel agencies that we work and integrate with within the scope of the provision of our services. Travel agencies are third parties that provide you with online or offline support, their own services, meet your requests and solve your problems within the scope of the service you use.

   Parties Collaborated for the Provision and Improvement of Services

   Time by time, we collaborate to improve our services and reach more Properties.

   We may need to disclose your personal information with the party we cooperate with in order to provide services within the scope of cooperation. For example, we may offer a service that is integrated with a service offered by a third party. In this case, third parties process your personal information in accordance with their own privacy policies. We recommend that you review their privacy policy for information on how the relevant third party processes your personal information.

   You can benefit from the Platform integrated with the website you have created on Wix.com through our cooperation with Wix. Wix.com processes your personal information in accordance with its respective privacy policy (for detailed information on how Wix.com processes personal information, we recommend you to review https:// www.wix.com/about/privacy).

   Service Providers

   We work with carefully selected service providers who perform specific tasks on our behalf. These parties are service providers that provide technology infrastructures, storage, aggregation and analysis of data, processing payments, legal or other professional services to us. In this context, we share your personal information with these service providers.

   In sharing personal information with service providers, we ensure that they comply with this Policy and Data Protection Requirements.

   Affiliates

   If necessary, we share your personal information with our Company's shareholders and   affiliates (HotelRunner Inc., HotelRunner Bilgi Teknolojileri Ticaret A.Ş. and HotelRunner Teknoloji A.Ş.). In doing so, we aim to ensure compliance and standardization with our affiliate’s policies and procedures, coordinate business operations effectively, and carry out reporting processes.

   Government Authorities and Agencies

   We share your personal information for the performance of our legal obligations in cases the government   agencies make a request from our Company or when we need to notify these entities (for example, sharing your personal information when a public institution requests information about a transaction that is suspected to be illegal).

7. What is the Duration of Storing Personal Information?

   Please note that we do not retain your personal information permanently. We comply with the applicable Data Protection Requirements for the retention of personal information. If a legal period is specified, we are obliged to comply with this period as a rule. Therefore, when deciding how long we will retain your personal information, we consider these legal periods as priority. If the applicable Data Protection Requirements do not provide a specific period for the retention of your personal information, then we retain your personal information within the framework of the principle of "keep it as long as you need". We delete, destroy or anonymize personal information completely when we no longer need the information.

   We securely store your personal information within HotelRunner. For protecting your personal information, we prefer safe storage methods suitable for the nature of the personal information we process. We take all necessary technical and organizational measures regarding the protection of personal information.

8. What are Your Rights?

   In accordance with the applicable Data Protection Requirements, you have certain rights as a data subject. These rights allow you to have detailed information about how your personal information is processed. In case you submit a request regarding your rights to HotelRunner, our Company will respond to your request within a specified time in accordance with the applicable Data Protection Requirements. In accordance with the Data Protection Requirements, you have the following main rights:

   • Right to Get Information refers to your right to know whether we process your personal information and if we are doing so, the purpose of processing your personal information.    
   • Right to Access refers to your right to obtain a copy of your personal information together with the purpose of processing, the type of information processed, the persons who we transferred your personal information.    
   • Right to Correction refers to your right to claim correction/update of your personal information which you think is inaccurate or not up to date.    
   • Right to Erasure refers to your right to request erasure of your personal information from all electronic/physical media where it is stored (in case you request the erasure of your personal information, in some cases, we may keep your personal information for certain periods in accordance with our legal obligations. Please review the explanations given under the section G of this Policy).
   • Right to Transferable Information refers to your right to collect and reuse your personal information from our Company collectively. You may transfer your personal information from our Company to a different third party, or you may request this transfer from our Company.
   • Right to Object Processing of Information refers to the right to object to the processing of your personal information by our Company. You may also exercise your right to object to the processing of your personal information for certain processes such as marketing communications. In order to exercise this right, you do not have to object to the processing of all your personal information by our Company.
   • Right to File a Complaint to Data Protection Authority: You have the right to file a complaint to the data protection authority about our processing of your personal information. Please contact your local data protection authority for more information.

   HotelRunner operates in multiple countries. Our lead data protection supervise authority is   Information Commissioner's Office of the United Kingdom.

9. Children’s Information

   We do not knowingly collect or solicit personal information from anyone under the age of 18. If you are under 18, please do not send any personal information about yourself without your parent’s or legal guardian’s explicit consent. If we learn that we have collected personal information from a child under the age of 18 without consent from the parent or legal guardian, we will investigate and delete that information as soon as reasonably practicable. If you believe that a child under 18 may have provided us personal information, please contact us using the contact information in the “Contact Us” section.

10. Contact Us

    You may contact us at any time when you have a question about how we collect, store and use your personal information or when you wish to exercise your rights about your personal information.

    For contacting us, you may use the following email address: dataprivacy@hotelrunner.com

ANNEX 2

SERVICE AGREEMENTS

This Annex 2 contains detailed explanations of the Services you will receive from HotelRunner. According to the subscription plan it will choose on Wix.com, your Property can receive all services or only one of the following services.

Terms of Service for Payments

1. Your Property shall be able to receive payments from your Guests through different methods supported by the Platform including methods provided by Wix, with the choices it will make through the Platform.
2. The rules applicable to keeping your Guests' credit card information on the Platform are as follows:
   1. Your Property shall only use the credit card information for the purposes of collecting the fees for the services it provides and obtaining pre-authorizations in accordance with the relevant legislation; it shall not use, share or store card information outside of the aforementioned processes after the completion of the relevant transaction.
   2. HotelRunner does not store your Guests' credit card information in its own servers and infrastructure in any way, and storage of such information is handled by our authorized partners. HotelRunner only process your credit card information using authorized methods in compliance with global security standards including but not limited to PCI-DSS.
   3. HotelRunner does not give any guarantee that the hosted credit card information is correct and up to date, that it belongs to a real person and it is a real card, that there is sufficient balance in the card limit, and does not take any responsibility for the accuracy and up-to-dateness of this information.
   4. Storing the credit card information on the Platform for your Property does not mean that HotelRunner is providing payment collection services on behalf of your Property, and it is your Property's sole responsibility to collect, make, manage and transmit the payments using the credit card information via the third parties providing such collection services. HotelRunner shall not be a party to disputes that may arise between your Property and your Guests regarding credit card information and payment collections.
   5. HotelRunner provides a secure hosting environment within itself or provided by a service provider regarding the hosting of card information but does not make any commitment regarding the security of the hosted information.
3. Any tax liability and invoicing liability arising from the sale and provision of the services provided by your Property is your Property’s sole responsibility, and nothing herein shall be interpreted as the performance of those obligations are due by HotelRunner.

Terms of Service for Channel Management

1. As part of the Channel Management Service, your Property shall be able to manage and simultaneously update its sales channels using the two-way channel manager, by connecting to all contracted travel agencies, websites and portals (“ Channel(s)”) where your Guests can access your Property's information including your rates and availability and complete their reservation process. Your Property will share your information (which may include information about your property, rooms, deals and promotions) with the Channels on the Platform and will access the reservation information delivered from the Channels on the Platform.
2. The Channels contracted and connected to the Platform by HotelRunner within the scope of the Channel Management Service are determined at the sole discretion of HotelRunner, and HotelRunner may add new Channels to the contracted and connected Channels or terminate the existing agreements at any time.
3. Channel Management activation over contracted and connected Channels requires configuration with the Channel. During provision of support to your Property by HotelRunner depending on the scope of Service your Property receives during the configuration phase, it is your Property's responsibility to set up the Channel settings and determine the rooms to be mapped to the Channel and configure them accordingly.   Your Property agrees and covenants that the information entered to be published on the Channel regarding the rooms and rates on the Platform is complete, accurate and truthful. Property may request HotelRunner to configure the Channel settings on behalf of the Property and the mapping of the rooms to be promoted on the Channel and the arrangements regarding these, in line with the instructions and approvals of your Property. In case of receipt of this Service, all responsibility of HotelRunner's actions is the responsibility of your Property, which provides the instruction verbally (by phone) or in writing (chat or email).
4. Your Property agrees that the Channel Method Service is not retrospective, and HotelRunner does not undertake to transfer information previously entered into or obtained from the Channels as part of the Service. However, in cases where integration is provided by HotelRunner and supported by the Channel, the transfer of the existing information within the scope of the Service shall be possible.
5. In case your Property automatically makes changes in room types, rates or similar information regarding the information to be published on the Channels, it is your Property's responsibility to verify whether these changes have been reflected to the Channel, and your Property will immediately respond to HotelRunner for any errors or disruptions that may arise, and correct the issues.   Your Property agrees that HotelRunner shall not be held liable for any interruptions caused by the foregoing situations.
6. HotelRunner may, time by time, use the services provided by external service providers within the scope of the Channel Management Service in order to synchronize the information to be transferred to the Channels. Accordingly, your Property agrees that the information it transmits may be transferred to the said provider in order to synchronize information with the Channel through the Platform.
7. HotelRunner agrees to notify your Property of any errors that it may detect during synchronization with Channels through notifications like emails and notices from your dashboard.
8. HotelRunner is not responsible for errors, problems and interruptions that may arise from changes in the systems and infrastructre of your Property, or errors arising from changes made by the Channels in their own systems, and permanent damages arising from the disruptions in the integration technologies of the Channels. Your Property agrees that such changes may require remapping and reintegration, that such transactions may result in additional work, and HotelRunner is not responsible for the inability to transfer or synchronize certain information due to integration problems in such cases.
9. Depending on the technical qualities of the Channels' integration systems or their integration with HotelRunner technologies, your Property agrees that it may not be able to access some information through the Channels (reservation prices accessed through some Channels appear only as the total price, not day by day, etc.), some information may not be updated, and HotelRunner shall not be held liable for any malfunctions caused by the inability to provide certain information in Services.
10. HotelRunner may not be held liable for errors and inadequacies caused by the Channels' own actions and without HotelRunner's intervention. HotelRunner shall notify your Property of any error it is aware of regarding the Channel within a reasonable time.
11. In case the Services are interrupted due to maintenance or other reasons, HotelRunner will provide reasonable efforts to submit the necessary updates and changes upon the end of the interruption.
12. HotelRunner records and logs necessary information, requests and submissions your Property transmits to the Channels, and provided information, confirmations, requests and submissions coming from the Channels to your Property, and it has right to present them as evidence in disputes that may arise between the Property, HotelRunner and the relevant Channels when necessary. The Property has authorized HotelRunner to record and use this information internally and externally when necessary within the scope of the Services and the Agreement.
13. HotelRunner's service provider name or title in Channels will appear as HotelRunner, HotelRunner Distribution Network (HDN), HDN or HDN Global.

Terms of Service for Content Management

1. Content Management Service means (i) management of all contents such as texts, images, photos, videos etc, entered or uploaded to HotelRunner platform through the Wix Platform by your Property and belonging and/or related to your Property, (ii) the service that allows the distribution of this content to third parties (travel agency, etc.) and rendering them useful and publishable over the Platform under the control and subject to the approval of the Property for the provision of Services.
2. Your Property is responsible for providing the image and text-based documents required to be uploaded in order to use the Content Management Service.
3. Your Property is exclusively responsible for ensuring that any content uploaded to the Platform within the scope of your Property's use of the Content Management Service complies with the Applicable Legislation and ethics. HotelRunner may not be held responsible for the correctness, up-to-dateness and management of the content such as any text, photo, video, etc. the Property will enter or upload to the Platform within the scope of its use of Content Management Service. The Property is exclusively responsible for the requests that the Guest or any other real persons and parties may make on the grounds that the content is not correct, up-to-date, inaccurate or illegal. HotelRunner has no responsibility to control the content uploaded by the Property to the Platform.
4. It is your Property's responsibility to make the necessary settings and changes on the platform, create, upload and manage the necessary content. HotelRunner is only responsible for providing the technology service that enables the content to be uploaded and published on and distributed by the Platform.
5. Your Property will obtain the relevant permissions and approvals from the right holders, if any, regarding all visual and written materials uploaded to the Platform. In case of failure in complying with this condition, your Property shall be liable for any loss or damage that may arise.   Your Property shall benefit from this service, provided that it has the necessary licenses and permissions and/or provides the content obtained in accordance with the laws, Applicable Legislations and ethics. HotelRunner may request your Property to provide the relevant content within a certain period of time, directly remove the contents and/or suspend access of your Property to the website until removal of the content in case HotelRunner understands and proves that the contents uploaded to the Platform by your Property or your users and other third parties are in breach of the Applicable Legislation or ethics, they are obtained in an illegal manner, used without the required licences and consents or otherwise, they breach rights of a real or legal persons (including personal rights and intellectual property rights). In case of repeated violations, HotelRunner has the right to partially or completely suspend the Service or terminate the Service in agreement with Wix. Unless otherwise specified thereunder, the notification of suspension or termination of access to the Service may be made by Wix and/or HotelRunner and will be enforced immediately.
6. The Property agree, declare and undertakes that HotelRunner shall not be liable for such damage in case of any loss resulting from partial or total suspension of the Service or termination of the Service.

Other Terms and Provisions on Services

1. The Services and the relevant responsibilities of the HotelRunner will have the features and limits for which they are eligible under your Wix subscription.
2. In case your Property has any request related to any issue not included under the   Terms and Conditions, the terms of Wix Terms of Use under the Wix Platform apply, Wix should be contacted directly regarding such requests.
3. Wix should be contacted directly as HotelRunner is not the first point of contact in connection with your Property's support requests in connection with the Services. If there are any issues escalated to HotelRunner by Wix related to such requests, necessary actions will be taken by HotelRunner within the Support Business Hours. Support will be available only in English.