West Notifier Privacy Policy

Creditwest Bank Ltd.

1) Parties

Creditwest Bank Ltd. (hereinafter referred to as the Bank) residing office at Sehit Mustafa A. Ruso Ave. No.159, Nicosia TRNC and the User who benefits from the mobile applications of the Bank within the terms specified in this agreement mutually agreed on this Agreement and its Annex (Annex 1 Confidentiality Agreement) to come into force.

2) Definitions

2.1. Application: The mobile application named Notifier (hereinafter referred to as Application) refers to the mobile application software running on all mobile devices and all virtual reality channels where the products and services created in relation with this software are provided. 2.2. User refers to the person (hereinafter referred to as User) who benefits from the mobile applications and the services of the Bank within the terms specified in this agreement. 2.3. System Access Tools: refers to the confidential information of the user such as, the users account management page, the user name, code and password which enables access to the application. 2.4. Communication Channels: refers to the communication channels such as, instant notification, Email, SMS, MMS and mobile notification by phone. 2.5. Message: refers to the messages allowed by the User to be sent to him/her by the Bank for marketing, research, information, etc. purposes. 2.6. Users Account Management Page: refers to the user specific web page (hereinafter referred to simply as Portal) where the user only has access via system access tools and processes his/her membership procedures.

3) Subject and Scope

3.1. The subject of this Agreement; is the determination of all the products and services that are available in the application and which will be provided by the Bank in the future for the user, the conditions for benefiting from these products and services, and the rights and obligations of the parties. 3.2. By accepting the terms of this agreement, the User accepts any declarations made by the Bank regarding the use, membership and services included in the Application and Portal. The user accepts, declares and undertakes that he/she will act in accordance with all the matters stated in these declarations.

4) Terms of Use

4.1. Notwithstanding the completion of the registration procedures, the applications made by underage/minor persons or representatives of the legal entities that are not authorized shall not benefit from the rights of the User. Demands and transactions contrary to this shall not be the responsibility of the Bank. 4.2. The Bank may unilaterally terminate this Agreement at any time, without any justification, without any notice and without any obligation to pay any compensation and may terminate the User's use of the Application instantly.

5) Mutual Rights and Obligations

5.1. User Rights and Obligations:

a) The User agrees to comply with all the terms and conditions set forth in this agreement, all the terms set forth in the Bank's website, all the laws and regulations in force while following user procedures, utilizing the products or services in the application and performing any transaction related to the products or services in the application; and states that he/she has read, understand and agree to all terms and conditions of this agreement.
b) The User agrees that if the Bank is obliged to disclose or provide any information to the public authorities upon official request, the Bank is authorized to provide the obtained information via the Application and shall not be entitled to any compensation in this regard.
c) The User agrees that the Bank is authorised to disclose the business information of the User to its business partners that it has a business agreement in terms and/or for the purposes of the products and services covered by this Agreement, and for this reason, the Bank shall not be entitled to any compensation in this regard.
d) The User is obliged to keep the System Access Tools (username, password, code, etc.) that he/she uses to access the Application as confidential. The right to use the Access Tools to the System exclusively belongs to the User. The user shall not disclose this information to third parties. The User is fully responsible for the consequences of the use of Access to the System by any third party. The Bank is not obliged to identify the identities of persons engaged in such improper use. Without prejudice to the provisions stated above, the User acknowledges, accepts and declares that the use of this information by a third party and the consequences of such an action is fully his/her responsibility and that the transactions made via the use of this information are binding. The user is obliged to inform the Bank immediately if he/she finds that his/her password has been acquired by others.
e) The User agrees and undertakes that the information and content provided by him/her within the Application is correct and legitimate. The Bank is not liable and responsible for the investigation of the accuracy of the information and contents transmitted by the User to the Bank or uploaded, modified and provided via the Application itself, and for the acknowledgement and guarantee that such information and contents are safe, correct and legitimate, nor shall be liable for any damages arising out of the failure or misjudgement of that information and content.
f) The user acknowledges, declares and undertakes that all transactions made via his/her own portal is processes exclusively and independently by himself. The User undertakes that the communication channels provided by him to the Bank are solely self owned and only under his/her control and are actively used by him/her. Otherwise, the User shall be liable for any material and moral damages that the Bank may incur due to the fact that the communication channels are not owned by or actively used by the member of the Communication Channels himself.
g) Beneficiaries of the products and services provided by the Bank may only carry out transactions within the Application in accordance with lawful purposes. The User owns the legal and criminal liability in every transaction and action taken within the Application. When using the application, the Users agree to comply with the TRNC Banking Law and the related orders and regulations, and any related legal provisions in force, and the notices to be published by the Bank related to the Application.
h) The User acknowledges that the application is owned and operated by the Bank. The contents of this application are protected by intellectual property (copyrights). The User agrees and undertakes not to reproduce, copy, distribute, process or display any images, texts, visual and audio images, video clips, files, databases, catalogues and lists contained in the Application that is infringing the rights or the property of the Bank or any other third party.
i) The Bank is not responsible for the content published by third parties, including the User, in the Application and the websites linked to the Application. The accuracy and lawfulness of the information, contents, visual and audio images provided or published by any third party are solely the responsibility of those who perform these actions. The Bank does not undertake and guarantee the security, correctness, and lawfulness of the services and contents provided by third parties.
j) The User and the Bank are independent parties. The approval and enforcement of this Agreement by the Parties do not mean a partnership, representation or employee employer relationship between them.
k) The User acknowledges and undertakes that the reference messages he/she will send to any third party under this Agreement shall not contain any unlawful and immoral elements. The User accepts, declares and undertakes that he will not have intensive Email communication with any third party that can be defined as spam. The User accepts, declares and undertakes that all the communication that he/she will do in contradiction with this clause and all consequences of such situation are his/her responsibility, and if for any reason, any case or request related to such actions is directed to the Bank due to such communication, the Bank shall promptly ensure any information and content necessary to make a defence and in case of any damage to the Bank, all compensation rights of the Bank shall be reserved. In the case of any breach of this Agreement by the User, the Bank reserves the right to unilaterally terminate this Agreement, suspend the membership, or cancel the Agreement without any prior consent to the User.
l) The User agrees, declares and undertakes that the Bank shall communicate with him/her via electronic communication means and shall inform him/her about campaigns and promotions.
m) After signing the Banking Services Agreement, the User acknowledges and therefore declares and undertakes that he/she is competent to be a User. In the detection of a contrary situation by the Bank, the User's Agreement will be immediately terminated by the Bank.
5.2. Rights and Obligations of the Bank:

a) The Bank reserves the right to unilaterally change the products and services and content provided in the Application at any time, and to delete the information and contents uploaded by the User to the system and deny the access of the User or any third party to this information and contents. The Bank may use this right without prior notice. The Bank shall not be liable for any damages that may arise or be generated if the User does not comply with any changes and/or correction requests within the specified time requested by the Bank and the Bank shall have the right to suspend or terminate the right of the User to use the Application.
b) Website or content links that are not under the control of the Bank may be provided within the Application to provide references or due to some other reasons. These links are not intended to support the website or content owner, nor do they represent any kind of statement or warranty on the website or the information contained in the content. Not limited to these, the Bank does not declare nor recommend or guarantee that the content of the websites of the third parties are legal, accurate, reliable, appropriate or the information, data, software, products or services used in the context are suitable for business purposes, or the administration and the operation of the website is error, spam, virus, etc. free and uninterrupted. The Bank has no liability for the portals, websites, files and contents accessed through the links in the application or the services or products offered through the links or the websites, or their contents.
c) Other than the Service purposes, the Bank may use the User information contained in the Application for User security, the obligations of the Bank, and statistical evaluations and internal audits or as demographic information for advertising and/or publicity purposes, and may collect and store this information in a database.
d) The Bank reserves the right to change or re organize all the services, products, conditions of use and the information provided in the Application and its extensions or close the application without any prior notice. The changes come into force as soon as they are published within the Application. Users are deemed to have accepted these changes either through the use of the Application or the introduction to the Application. Changes will be announced to the Users through the channel specified by the Bank.
e) The Bank does not guarantee that the services it provides under the Application will be continuously active and accessible. In particular, the Bank does not accept any liability for any consequences that may arise as a result of any judicial and other official authorities decisions and practices, force majeure, situations caused by third parties, defects and delays caused by Internet connection service providers and similar external factors, misuse, technical failures and other failures that may arise from the Bank, any other factors.
f) The Bank may limit or stop the access to the Service when necessary, in order to prevent the failure of the network's operational security, the continuity of the network access, the failures in the network, software or stored files, and to prevent or minimize any possible disruption and other situations.

6) Services

6.1. The Bank will provide services through the Application that will enable customers to receive information about specific transactions and account activities. The Bank reserves the right to amend the contents of the services it provides at any time.

7) Privacy

Except for the context of this Agreement, the Bank may use the User information under the "Confidentiality Agreement", which is an integral part of the User Agreement and is included in Annex I of this Agreement. Except for the context of this Agreement, the Bank may disclose or use the confidential information of the User to third parties only under the terms of the "Confidentiality Agreement".

8) Governing Law and Competent Court

This Agreement shall be governed by and construed in accordance with the laws of TRNC. Any unresolved controversy or claim arising out of or relating to this Agreement shall be submitted to the District Court of Nicosia TRNC.

9) Intellectual Property Rights

All components of the Application (Not limited to but including the general appearance, design, text, image, logo, icon, demonstrative, written, electronic, graphic or machine readable technical data, Bank brand, applied business method and model, software code and other codes) belong to the Bank and/or are used under the copyright of the Bank bought from a third party. All of these components belonging to the Bank are protected by the intellectual property rights (copyrights) and cannot be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exposed, used or amended outside the scope of the User Agreement, in the contrary case, the responsible person shall be liable for any damages, including court costs and attorneys' fees, of the Bank and/or the amount of compensation claimed from the Bank for the damages of third parties, including licensees.

10) Modifications

The Bank may at its sole discretion and unilaterally modify this User Agreement or any provision and its annexes at any time by announcing the modifications in the Application. The amended provisions of this User Agreement shall become effective on the date of announcement or, if it has a pre specified validity date, on the validity date; the remaining provisions shall remain in force. This User Agreement cannot be modified by the unilateral declarations of members.

11) Force Majeure

11.1. Force majeure refers to the situations including but not limited to, natural disasters, riots, wars, strikes, cyber attacks on the Application, Portal, and system, that although the Bank has taken all the necessary information security measures against and has a reasonable control on, but cannot prevent it from happening. 11.2. In all cases where a force majeure is the cause, the Parties are not liable for late or incomplete or non performed liabilities set forth in this Agreement.

12 Validity of the Records

The user acknowledges and undertakes that in the event of a conflict arising out of this Agreement, the electronic and system records, commercial records, notebook records, microfilm, microfiche and computer records held by the Bank, in its database servers, shall remain binding, definitive and exclusive evidence.

13 Termination

This User Agreement will remain in effect for as long as the User is a member of the Application and will continue to have provisions and consequences between the parties.

14) Notification Address

14.1. The Email address that the user submitted to the Bank shall be deemed to as the legal address for any notice related to this Agreement. 14.2. Unless the parties notify the other party in writing of the changes in the existing Email address within three (3) days of change, the parties agree that the old Email address shall be deemed as valid and notified.

15) Enforcement

15.1. The User declares, agrees and undertakes that he has read, understood and acknowledged all articles of this Agreement and confirmed the accuracy of the information he/she has given. 15.2. This Agreement shall enter into force for both parties with the electronic approval of the membership request of the User and shall be executed together with its annexes. In the case of a conflict between the Annexes and the provisions of this Agreement, the provisions of this Agreement shall prevail. 15.3. This Agreement consists of 15 (fifteen) articles and 1 (one) Annex and has been established with the consent of the parties upon the approval of the User Agreement through the application. Annexes are an integral part of this Agreement.

Annex) Confidentiality Agreement

1. The Bank attributes importance to personal information and data security, and takes all necessary precautions in this regard. By using the Application, Users acknowledge, declare and undertake that they will comply with the provisions of this Confidentiality Agreement.
2. This Confidentiality Agreement shall apply to all sections of the Application.
3. Protection of users' information and sustainability of privacy is the first priority of the Bank. For this reason, the information given by the Users will not be used for any purposes other than the rules and purposes stated in the Agreement and will not be shared with third parties. The Bank has the right to access the User for marketing, notification and other purposes via letters, Emails, SMS, telephone calls and other means through the address, Email address, fixed line and mobile phone or other means of communication stated in Customer Information Form or in the updated information of the User. By accepting this Agreement, the User acknowledges and declares that the Bank may carry out the above mentioned communication activities unless he/she notifies the Bank in writing for the contrary.
4. The Bank may access information shared by the User within the Application. The Bank undertakes to share this information solely with its associates for the operation of the Application. The user also agrees that this information will be used to communicate with him/her for the purposes of the Application. The Bank shall not share, sell or permit the use of any personal data or information submitted to it to any third party except for the purposes set out above related with the collection of information.
5. In order to identify problems related to the system of the application and to resolve possible operation problems immediately, the Bank may record the IP address of the Users and the information of the User stored in his/her social network account and use these records for these purposes. These IP addresses can be used by the Bank to broadly define the Users and visitors and collect comprehensive demographic data.
6. Information obtained via the Application can only be used by the Bank and other persons and cooperating institutions, only for statistical evaluation, permitted marketing, establishing a database and market research purposes and without disclosing the identity of the User.
7. The Bank may provide links to other sites through the Application, publish advertisements of third party associates, and direct Users through the advertisements to the websites of the owners of the advertisements or of the third parties. The Bank has no liability on the privacy practices and policies of other Applications accessed through this links, or the content they contain.
8. In the following cases, the Bank shall be able to disclose the information of the users to the third parties out of the provisions of this Confidentiality Agreement,
• Where it is necessary to comply with the obligations set by law,
• Where the Bank needs to meet the requirements of the Agreement signed with the Users and applies them,
• Where there is a request for information about Users in the direction of a research or investigation carried out by a competent administrative and/or judicial authority in accordance with the procedural method,
• Where information disclosure is required to protect users rights or security.
9. The Bank shall ensure and maintain strict privacy of the confidential information given to it and keep it confidential and prevent and undertake all precautions to prevent the unauthorized use or disclosure of any or any part of confidential information in public or by third parties.
10. Information obtained via periodical or random surveys of the Bank in the Application may also be used by the Bank and/or cooperating organizations of the Bank, only to conduct direct marketing, statistical analysis and a special database of these Users.
11. The Bank may modify the provisions of this Confidentiality Agreement at any time by announcing in the Application. The amended provisions of this Confidentiality Agreement shall become effective on the date of announcement.
12. This Confidentiality Agreement consists of 12 (twelve) Articles and is an integral part of Banking Services Agreement.