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Updated Privacy Policy and Terms of Use

Abdulhakim Othman Zakri Foundation

Introduction

This document outlines the Privacy Policy and Terms of Use for the "Sawn Haqak" application (hereinafter referred to as "the Application" or "the Platform"), available via the website www.sawnhaqak.com. This agreement constitutes a legally binding contract between the "Sawn Haqak" platform, Abdulhakim Othman Zakri ESTABLISHMENT ABDULHAKIM OTHMAN ZAKRI, and all its users (hereinafter referred to as "the User" or "Users").

This agreement aims to define the mutual rights and obligations between the parties and regulate the use of services provided through the Application, ensuring a safe and reliable environment for everyone.

By using the Application, whether by browsing, registering, or utilizing any of its services, you acknowledge your full and unconditional agreement to all clauses, terms, and conditions contained in this agreement, in addition to its attached Privacy Policy.

The Platform reserves the absolute right to update or modify this agreement at any time without prior notice. Your continued use of the Platform after the publication of any modifications constitutes your explicit consent to those modifications. Therefore, please review this agreement periodically to stay informed of the latest versions.

Our Commitment to Privacy and Security:

At "Sawn Haqak," we are committed to protecting the privacy of our users and their personal data in accordance with the highest security standards and global best practices, and in strict compliance with Google Play requirements and applicable laws and regulations, including the Saudi Personal Data Protection System [3]. This policy aims to clarify how we collect, use, protect, and disclose personal information to users.

1. Definitions

For the purposes of this agreement, the following terms shall have the meanings ascribed to them below, unless the context otherwise requires:

• Application / Platform:

Refers to the "Sawn Haqak" application, an electronic platform specializing in financial intermediation and protecting user rights, which connects clients with service providers to complete financial transactions securely and systematically.

• Escrow Account:

A temporary financial account where funds are deposited by the client via the Tap Payments gateway, and held by the Platform as a trusted third party. Funds are only released to the service provider after confirming the completion of the agreed-upon service according to specified terms.

• User:

Any natural or legal person who creates an account on the Application or uses its services in any way, including clients and service providers.

• Content:

Includes all texts, images, graphics, videos, data, information, advertisements, and other files that are published, uploaded, or made available through the Application by the Platform or users.

• Client:

The user who requests a specific service and pays the agreed-upon amount through the Application and deposits the funds into the Escrow Account.

• Service Provider:

The user who provides a specific service to the client through the Application and is entitled to the agreed-upon amount after successful completion of the service.

• Dispute:

Any disagreement or difference of opinion that arises between the service provider and the client regarding the execution of the service, its quality, or any of the agreed-upon terms.

• Regulatory Authorities:

Government bodies and regulatory agencies in the Kingdom of Saudi Arabia responsible for regulating financial activities, data protection, and electronic transactions, such as the Saudi Central Bank, Capital Market Authority, Saudi Data and Artificial Intelligence Authority, and others.

2. Legal Obligations and Terms of Use

All users must strictly adhere to the following terms when using the "Sawn Haqak" application:

• Compliance with Laws:

Users are committed to all applicable laws, regulations, and systems in the Kingdom of Saudi Arabia, including but not limited to, the Anti-Cyber Crime Law [1], the Electronic Transactions Law [2], and the Personal Data Protection System [3].

• Lawful Content:

It is prohibited to upload or publish any unlawful content, or content that includes abusive, defamatory, racist, inciting, or offensive material against public morals and Islamic Sharia, or that infringes upon the intellectual property rights of others.

• Accurate Data:

The user undertakes to provide accurate, complete, and truthful information and data when registering and using the services. The user bears full responsibility for any damages arising from providing false or misleading information.

• Unlawful Use:

It is prohibited to use the Application for any fraudulent, unlawful, or unauthorized purposes, including but not limited to, money laundering, terrorist financing, or any activities aimed at manipulating prices or misleading other users.

• Account Protection:

The user is solely responsible for maintaining the confidentiality of their account information, including username and password. The user must immediately notify the Platform of any unauthorized use of their account or any security breach.

• No Abuse:

It is prohibited to abuse the Platform, its employees, or other users in any way, whether verbally or by action, or to attempt to disrupt the Application's operation or hack it.

• Intellectual Property:

The user acknowledges that all intellectual property rights related to the Application and the Platform's content belong to the Platform or are licensed to it. It is prohibited to copy, modify, distribute, or exploit any part of the Application or its content without prior written permission from the Platform.

• Policy Compliance:

The user is committed to all policies and guidelines issued periodically by the Platform, including the Acceptable Use Policy, Dispute Resolution Policy, and any other policies related to the services provided.

In case of violation of any of these terms, the Platform reserves the absolute right to take necessary actions, including but not limited to, suspending or canceling the user's account, blocking access to the Application, removing any infringing content published by the user, and notifying the competent authorities without the need for prior notice or incurring any liability towards the user.

3. Responsibility and Limitation of Liability

• Platform's Role:

The role of the "Sawn Haqak" application is limited to being an intermediary platform connecting clients with service providers and facilitating financial transactions through the escrow account system. The Platform does not bear any direct responsibility for the quality of services provided by service providers, or for the accuracy of information provided by clients or service providers.

• User's Responsibility:

The user alone bears full responsibility for the accuracy and truthfulness of the data and information they provide, and for all activities carried out through their account. The user is also responsible for verifying the eligibility and credibility of the other party before entering into any transaction.

• Dispute Resolution:

In the event of any dispute between the client and the service provider, the Platform will exert its utmost efforts to facilitate amicable resolution of the dispute in accordance with the Platform's dispute resolution policy. However, the Platform does not bear any legal responsibility for the outcomes of these disputes. Both parties acknowledge that any decision made by the Platform in this regard shall be binding on them.

• No Warranty:

The Platform provides no express or implied warranties regarding the accuracy, completeness, reliability, or suitability of the content or services provided through the Application, or the content published by users. Services are provided "as is" and without any kind of warranties.

• Indirect Damages:

In no event shall the Platform be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or reputation, resulting from the use or inability to use the Application, or from any transactions conducted through it, even if the Platform has been advised of the possibility of such damages.

• Force Majeure:

The Platform shall not be liable for any delay or failure in performance resulting from circumstances beyond its reasonable control, including but not limited to, natural disasters, wars, civil unrest, communication outages, or major technical failures.

4. Accounts and Membership

• Eligibility for Use:

The user must be of legal age (at least 18 years old) and have full legal capacity to enter into contracts according to the applicable laws in the Kingdom of Saudi Arabia.

• Data Accuracy:

The user undertakes to provide complete, up-to-date, and accurate registration information, including full name, national ID/residency number, mobile number, email address, and any other information necessary for providing services and verifying user identity. The Platform reserves the right to verify the accuracy of this information and request additional documents when necessary.

• Single Account:

Each user is entitled to create only one account on the Application. Creating multiple accounts or using fake identities is prohibited.

• No Sharing:

It is strictly prohibited to share login information or accounts with any other party. The user is solely responsible for all activities carried out through their account, whether authorized or not.

• No Transfer:

The user is not entitled to transfer, sell, or assign their account or any of their rights or obligations under this agreement to any third party without obtaining prior written consent from the Platform.

• Membership Termination:

The Platform reserves the right to suspend or terminate the membership of any user at any time and for any reason, including but not limited to, violation of this agreement, suspicion of fraudulent or illegal activities, or upon request from regulatory or judicial authorities.

5. Advertisements and Content

• Content Responsibility:

The user alone bears full legal responsibility for any content they publish, upload, or make available through the Application. The user guarantees that the content they publish does not infringe any intellectual property rights, privacy rights, or any applicable laws or regulations.

• Platform's Right to Remove:

The Platform reserves the absolute right to review, modify, or remove any content it deems to be in violation of this agreement, or to be illegal, abusive, or inappropriate, without the need for prior notice or incurring any liability.

• Advertisement Accuracy:

Advertisements and services advertised through the Application must be accurate, clear, and not misleading. It is prohibited to advertise illegal or prohibited products or services.

• Content License:

By publishing any content on the Application, you grant the Platform a worldwide, non-exclusive, sub-licensable, royalty-free license to use, reproduce, modify, publish, translate, distribute, and display this content in any media and for any purpose related to the operation and improvement of the Application's services.

6. Legal Procedures and Penalties

• Platform's Right to Penalize:

In the event that a user is found to have violated any of the terms of this agreement, or applicable laws and regulations, the Platform has the right to take any or all of the following actions, without the need for prior notice:

• Cooperation with Official Authorities:

The Platform is committed to full cooperation with judicial and regulatory authorities in the Kingdom of Saudi Arabia, and to provide any information required to uncover fraudulent or illegal activities, or to comply with judicial orders.

• Repeated Violations:

In the event of repeated violations by the user, the Platform reserves the right to permanently ban the user from using the Application, and to notify the competent authorities to take necessary legal action.

7. Commissions and Financial Fees

This section clarifies the commissions and fees applicable to financial transactions within the "Sawn Haqak" application. The user acknowledges and agrees to these fees when using the services:

• Electronic Payment Gateway Fees:

The client bears all fees imposed by electronic payment gateways such as Tap Payments, with whom we have a third-party contract for payment services, or any other payment service provider conducting transactions within the Application. These fees include, but are not limited to, processing fees, withdrawal fees, and any additional fees imposed by the payment service provider.

• Wallet Withdrawal Fees:

If the service provider requests to withdraw their balance from the wallet within the Application to their bank account, all fees related to the withdrawal process (such as local bank transfer fees) are deducted from the withdrawn amount and are borne by the service provider.

• International Transfer Fees:

If the service provider's bank account is outside the Kingdom of Saudi Arabia, they bear the full costs and fees resulting from the international transfer process, including, but not limited to, international transfer commission, fees of Al Rajhi Bank or any other approved local bank, and any fees imposed by the intermediary bank or the receiving bank (SWIFT fees).

• Currency Exchange Fees:

If the service provider requests to receive the amount in a currency other than Saudi Riyal, they bear the exchange rate difference and any currency conversion fees imposed by the financial institution executing the transfer, according to the prevailing exchange rates on the date of transfer.

• Refund to Wallet:

In case the amount is refunded by the client after payment and returned to the wallet within the Application, only the electronic payment gateway fees imposed by the payment service provider are deducted, and no commission belonging to the Application itself is deducted. However, if the client requests to withdraw the amount from the wallet to their bank account, only the electronic withdrawal commission is deducted, and no Application commission is deducted.

• Installment Payments (Tabby / Tamara):

If the client chooses to pay through installment services such as Tabby or Tamara, they bear all costs associated with the installment process, which include the installment service fees according to the provider's policy (Tabby or Tamara), in addition to the commission of the electronic payment gateway used and the Application's due commission for service execution.

• Disclaimer of Fees:

The user acknowledges and agrees that the "Sawn Haqak" application bears no responsibility for any costs or commissions related to payment gateways, bank transfers, exchange rate differences, or installment fees. All these fees are deducted directly from the final amount due to the concerned party by external service providers or financial institutions.

• Transfer Execution Period:

Amounts due are transferred to the service provider's or client's bank account within a maximum of 48 business hours from the date of final approval of the transfer operation by the Platform, taking into account bank working hours and official holidays.

8. Governing Law and Dispute Resolution

• Amicable Settlement:

In the event of any dispute or disagreement between the user and the Platform regarding this agreement or the services, both parties shall first attempt to resolve the dispute amicably through the support channels available in the Application.

• Arbitration:

If the dispute cannot be resolved amicably within a reasonable period (not exceeding 30 days from the date one party notifies the other of the dispute), both parties agree to refer the dispute to commercial arbitration in the Kingdom of Saudi Arabia in accordance with the Saudi Arbitration Law [4]. The arbitration decision shall be final and binding on both parties.

• Governing Law:

This agreement shall be governed by and construed in accordance with the applicable laws and regulations of the Kingdom of Saudi Arabia. Both parties agree to the exclusive jurisdiction of the Saudi courts in any claims or legal proceedings arising from this agreement, in the event that arbitration is not resorted to.

9. Privacy Policy

This Privacy Policy explains how the "Sawn Haqak" application collects, uses, protects, and discloses users' personal information. The Platform is committed to protecting user privacy in accordance with the Saudi Personal Data Protection System [3], global best practices, and Google Play requirements.

9.1. Data Collection

The Platform collects the following data:

• Personal Data:

Data that the user voluntarily provides when registering or using the services, such as full name, national ID/residency number, date of birth, nationality, mobile number, email address, and bank information necessary to complete transactions. This data is necessary to verify the user's identity and provide the requested services.

• Technical Data:

Data that the Platform automatically collects when using the Application, such as IP address, device type, operating system, browser settings, geographic location data (if enabled), and usage logs such as pages visited, time of visit, and errors that occurred. This information is collected for analytical purposes, to improve the quality of services, and to ensure the security of the Application.

• Cookies and Similar Tracking Technologies:

The Application uses cookies and similar tracking technologies to collect information about how users use the Application, to improve the user experience, and to personalize content and advertisements. The user can control cookie settings through their browser settings.

9.2. Data Usage

The Platform uses the collected data for the following purposes:

• Service Provision:

To operate the Application, provide the requested services, complete financial transactions, and manage user accounts.

• Experience Improvement:

To improve the user experience, personalize content, and provide technical support.

• Communication:

To communicate with users regarding their accounts, services, updates, promotional offers, or to respond to their inquiries and complaints.

• Research and Analysis:

To conduct statistical and research analysis to understand user behavior, improve the Application's performance, and develop new services.

• Security and Fraud Prevention:

To protect the Application and users from fraudulent, illegal, or unauthorized activities, and to ensure information security.

• Legal Compliance:

To comply with applicable laws and regulations, requests from regulatory authorities, and judicial orders.

9.3. Data Protection and Confidentiality

• Protection Measures:

The Platform is committed to taking all reasonable security, administrative, and technical measures to protect users' personal data from unauthorized access, use, modification, disclosure, or destruction. These measures include, but are not limited to, encryption, firewalls, access control, and periodic security reviews.

• Data Confidentiality:

All personal data is treated with strict confidentiality and will not be disclosed to any third party except in the cases specified in this policy or as required by law.

• Data Retention:

The Platform retains users' personal data for the period necessary to achieve the purposes for which it was collected, or to comply with legal and regulatory requirements, whichever is longer.

9.4. Disclosure of Data to Third Parties

The Platform will not sell, rent, or share your personal data with any third party for marketing purposes without your explicit prior consent, except in the following cases:

• Service Providers:

The Platform may share data with external service providers who provide services on its behalf, such as payment processing, server hosting, data analysis, and technical support. These providers are committed to maintaining the confidentiality of the data and using it only for the purposes specified by the Platform.

• Legal Compliance:

The Platform may disclose personal data if required by law, in response to a court order, to comply with requests from regulatory authorities, or to protect the rights of the Platform or other users.

• Mergers and Acquisitions:

In the event of a merger, acquisition, or sale of the Platform's assets, data may be transferred as part of the transferred assets, ensuring that data protection continues in accordance with this policy.

• User Consent:

The Platform may disclose personal data to third parties with the user's explicit consent.

9.5. Google Play Requirements for User Data

The Platform adheres to Google Play's strict requirements regarding user data, which include the following:

• Transparency and Disclosure:

The Platform must be fully transparent in how it handles user data (e.g., information collected from or about the user, including device information). This means disclosing the access, collection, use, processing, and sharing of user data from the application, and restricting the use of data to the purposes consistent with the policy and reasonably disclosed to the user.

• Personal and Sensitive Data:

Personal and sensitive data includes, but is not limited to, personally identifiable information, financial and payment information, authentication information, phonebook, contacts, device location, SMS and call data, health data, inventory of other apps on the device, microphone, camera, and other sensitive device or usage data. If our application handles personal and sensitive user data, we are committed to the following:

• Prominent Disclosure and Consent:

In cases where access, collection, use, or sharing of personal and sensitive user data may not be within the reasonable expectations of the user for the product or feature in question (e.g., if data is collected in the background when the user is not interacting with the app), we adhere to the following requirements:

• Apps Targeting Children:

If the app targets children, a link to the privacy policy must be provided in the app and on the app's store listing page, regardless of whether the app obtains access to sensitive information or data. It must be ensured that the privacy policy is available on an active URL, that it applies to the app, and that it includes information about user privacy specifically. A privacy policy must be provided even in apps that do not require access to sensitive or personal user data.

10. References

Contact Information

For inquiries about this privacy policy or to exercise your rights, please contact us:

Last Updated: January 2025

We reserve the right to update this policy at any time. Users will be notified of any material changes.