MEMBERSHIP AGREEMENT
Please read these 'site terms of use' carefully before using our site.
It is assumed that our customers who use and shop on this shopping site have accepted the following terms:
The web pages on our site and all linked pages ('site') belong to and are operated by ……………………………….company ('Company) at ………………………. By using and continuing to use the service on the site, you ('User') are subject to the following conditions while using all the services offered on the site; You agree that you have the right, authority and legal capacity to sign a contract in accordance with the laws to which you are bound and that you are over the age of 18, that you have read and understood this contract and that you are bound by the terms written in the contract.
As this contract is indefinite, it imposes rights and obligations on the parties regarding the site that is the subject of the contract, and when the parties accept/approve this contract online or unfortunately, they declare and undertake that they will fulfill the aforementioned rights and obligations completely, accurately, on time, within the terms requested in this contract. .
1. RESPONSIBILITIES
The company always reserves the right to make changes on the prices and offered products and services.
The company accepts and undertakes that the member will benefit from the contracted services, except for technical failures.
The user agrees in advance that he will not reverse engineer the use of the site or take any other action to find or obtain the source code of them, otherwise he will be responsible for the damages that may arise before the third parties, and that legal and penal action will be taken against him.
The user accepts that he/she will be solely responsible for the damages he/she may suffer due to incomplete and incorrect information he/she has given while becoming a member of the site, and in case of giving wrong information and in case of breach of this contract by the Member, the company may terminate his/her membership unilaterally without any notice or warning.
The name and Internet Protocol (IP) address of the Internet service provider used by the company to improve and develop the website and/or to access the website within the framework of legal regulations, the date and time of access to the website, the pages accessed while on the website and the Internet access of the website that provides direct connection to the website. Some information such as address may be collected. The user agrees to the collection of this information.
The user shall not produce content that is contrary to morality and morality, unlawful, injures the rights of third parties, misleading, offensive, obscene, pornographic, injures personal rights, violates copyrights, encourages illegal activities, in his activities, in any part of the site or in his communications. agrees not to share. Otherwise, he is fully responsible for the damage and in this case, the 'Site' officials may suspend such accounts, terminate them, and reserve the right to initiate legal proceedings. For this reason, if there are requests for information about activity or user accounts from judicial authorities, it reserves the right to share this information with the authorities.
The relations of the members of the site with each other or with third parties are under their own responsibility.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method in this Site belong to the site operator and owner company or the person concerned, and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any right to such intellectual property rights.
2.2. The information on the site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. In the event of such a violation, the user will be responsible for meeting the amount of compensation requested from the company due to the damages incurred by third parties and all other obligations, including but not limited to court costs and attorney's fees.
3. CONFIDENTIAL INFORMATION
3.1. The company will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the User such as person name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' for short.
3.2. User, promotion, advertisement, campaign, promotion, announcement etc. He/she accepts and declares that he/she consents to sharing the communication, portfolio status and demographic information of the company that owns the Site with its subsidiaries or group companies, and to receive electronic messages in this context for itself or its subsidiaries, limited to its use within the scope of marketing activities. This personal information It can be used to determine the customer profile within the company, to offer promotions and campaigns suitable for the customer profile, and to carry out statistical studies.
3.3. The user has the right to cancel the consent given by this contract without explaining any reason. The company processes the cancellation immediately and refrains from receiving electronic messages within 3 (three) working days.
3.4. Confidential Information can only be disclosed to official authorities if this information is duly requested by official authorities and when disclosure to official authorities is obligatory in accordance with the provisions of the applicable mandatory legislation.
4. NO WARRANTY:
THIS AGREEMENT ARTICLE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OFFERED BY THE COMPANY THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING ANY IMPLIED OR CONTAINMENTS. THERE ARE NO WARRANTY OF ANY OTHER NATURE.
5. REGISTRATION AND SECURITY
The user must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the User.
The user is responsible for the password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices .
6. FORCE MAJEURE
not under the control of the parties ; Natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (collectively referred to as "Force Majeure" below) arising from the contract. If the obligations become unfulfillable by the parties, the parties are not responsible for this.In this period, the rights and obligations of the Parties arising from this Agreement are suspended.
7. COMPLETENESS AND APPLICABILITY OF THE AGREEMENT
If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.
8. CHANGES TO THE CONTRACT
The company can change the services offered on the site and the terms of this contract, partially or completely, at any time. Changes will be effective from the date of publication on the site . It is the User's responsibility to follow the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered .
9. NOTICE
All notifications to be sent to the parties related to this Agreement will be made through the known e-mail address of the Company and the e-mail address specified by the user in the membership form. The user agrees that the address he/she specified while signing up is a valid notification address, that he/she will notify the other party in writing within 5 days in case of changes, otherwise the notifications to this address will be deemed valid.
10. EVIDENCE AGREEMENT
In all kinds of disputes that may arise between the parties for the transactions related to this contract, the books, records and documents of the Parties, computer records and fax records will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user agrees that he will not object to these records.
11. RESOLUTION OF DISPUTES
Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.
PERSONAL DATA PROCESSING ENLIGHTENMENT TEXT
1 ) Enlightenment Text :
• This information text has been prepared by “Ulviye Mine Vargönen” (“www.minekeskin.com”) (hereinafter reffered to as “Platform”) as the data controller within the framework of the “Personal Data Protection Law” numbered 6698. It is aimed to inform our clients about the purpose, method and legal reasons for the processing of their personal data.
• As “Ulviye Mine Vargönen Butik Tatlar Parti ve Organizasyon Ticaret” (hereinafter reffered to as “Company”), we show utmost sensitivity to the security of your personal data. We attach great importance to the processing and preservation of all kinds of personal data belonging to you in accordance with the Law on the Protection of Personal Data No. 6698 (K.V.K.K.). With the full understanding of this responsibility, K.V.K.K. As the “Data Controller” defined within the scope of the the Law, we process your personal data as explained below and within the limits ordered by the legislation.
2 ) Definitions :
• Personal Data : All information related to a real person whose identity is known or could be identified.
• Law on Protection of Personal Data : Protection of Personal Data Law No. 6698, promulgated in the Official Gazette No. 29677 dated 7 April 2016
• Data Processor : A person, other than a person or unit who stores, protects and backs up data technically, who processes personal data upon receiving authorisation and instruction from data personnel or a person within the data personnel organisation.
• Data Controller : Data controller is the natural or legal person who determines the purposes for which and means by which personal data is processed and is responsible for establishing and managing the data registry system.
• Data Owner/Relevant Person/Relevant Persons : A natural person whose personal data is processed. This person is (includes, but is not limited to) an employee, customer, business partner, stakeholder, authority, lead, candidate for recruitment, intern, customer, supplier, employee of a business partner institution of Company and/or Company’s subsidiaries/affiliates with whom there is a trade relationship, third party, or other person not mentioned here.
• Explicit consent : Consent that is related to a specific issue, based on information and expressed with free will.
• Destruction : Deletion, elimination or anonymisation of personal data
• Processing personal data: Any kind of transaction performed on the data such as obtaining, saving, storing, protecting, modifying, editing, describing, transferring, receiving, making available, classifying or blocking the use of the data by way of the data becoming totally or partially included in an automatic recording system.
Personal data shared by addressee, supplier, customer, employee, intern, visitor, etc. will be evaluated within the scope specified below by “Ulviye Mine Vargönen”, who is determined as the data controller in accordance with the law.
3 ) Purposes of Personal Data Processing:
Company will be able to process the personal data provided by the Data Owner for the following purposes.
• To ensure the Data Owner to benefit from the services provided through the Platform,
• To detect system errors and monitoring performance and improving the operation of the platform, providing maintenance and support services and backup services,
• To carry out the necessary work by business groups in order to benefit the relevant people from the products and services offered by the company and carrying out the relevant business processes, carrying out the necessary work by the relevant business units in order to carry out the commercial activities run by the company and execution of related business processes,
• To ensure the legal, technical and commercial-business security of the company and the people with whom it has business relations, and to plan and execute the commercial and / or business strategies of the company.
4 ) Personal Data to be Processed with the Data Owners' Explicit Consent and Processing Purposes:
Within the scope of the Data Owner's explicit consent, the Company will be able to use it for the purposes of increasing the user experience, creating statistics, profiling, direct marketing and remarketing by following the actions of the Data Owners on the Platform. In addition, The Company will be able to process and share data in order to use the data obtained in this context in all kinds of advertising and material content.
5 ) Transfer of Personal Data:
The Company will be able to transfer the personal data of the Data Owner and the new data obtained by using this personal data to the third parties who provide services to the Company in order to achieve the purposes specified in this Privacy Policy, limited to the provision of such services.
The Company, in order to improve the Data Owner experience (including improvement and personalization), to ensure the security of the Data Owner, to detect fraudulent or unauthorized use, to investigate operational evaluation, to eliminate errors related to Platform services and to realize any of the purposes stated in this Privacy Policy. It will be able to share with third parties such as outsourcing service providers, hosting service providers, law firms, research companies, domestic and international banks, financial institutions call centers, including those who send SMS.
Personal data may be shared with Company officials, shareholders, business partners, legally authorized public institutions and organizations and legally authorized private institutions within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of the Law.
In addition, limited to these purposes, it can be transferred abroad within the framework of the procedural principles indicated in Article 9 of the Code and the decisions of the Personal Data Protection Board
6 ) Collection Method of Personal Data and Legal Reason:
Personal data is collected on the Platform and in electronic environment. Personal data collected for the legal reasons stated above can be processed and transferred for the purposes specified in Articles 5 and 6 of Law No. 6698 and this Privacy Policy.
7 ) Legal Rights of Personal Data Owner:
In accordance with Article 11 of the Law, data owners have the following rights;
• To learn whether personal data is processed about them and to request information if their personal data has been processed,
• To learn the purpose of processing personal data and whether they are used in accordance with their purpose and to know the third parties to whom personal data are transferred at home or abroad,
• To request correction of personal data if it is incomplete or incorrectly processed, and to request notification of the transaction made within this scope to third parties to whom personal data are transferred,
• Although it has been processed in accordance with the provisions of the code and other relevant codes, to request the deletion or destruction of personal data in the event that the reasons for its processing disappear, and to request notification of the transaction made within this scope to third parties to whom personal data has been transferred,
• To object to the emergence of a result against the person herself/himself by analyzing the processed data exclusively through automated systems and to request the compensation of the damage in case of damage due to the illegal processing of personal data
Requests for the use of these rights can be made by personal data owners. The applications, along with the documents that will determine the identity of the relevant data owner, can be sent to the company address (“Ulviye Mine Vargönen – Kazımdirik Mahallesi 217 Sokak No: 21/A Bornova/İZMİR”) by hand or through a notary public or by other methods specified in the Law or by sending an e-mail to “info@minekeskin.com” . If a method other than the aforementioned methods is stipulated by the Personal Data Protection Board, applications can also be submitted by this method. Data subject requests submitted by one of the methods mentioned above are evaluated and answered by our Company within a maximum of thirty (30) days.
Our company reserves the right to request additional information and documents from the applicant in order to evaluate whether the applicant is the relevant data owner. As a rule, data owner applications are evaluated by our Company free of charge. However, if a fee has been determined by the Personal Data Protection Board for the request of the data subject, our company will have the right to demand payment over this fee.
8 ) Which Legal Rights Do You Have? :
Pursuant to Article 11 of the Law on the Protection of Personal Data No.6698, visitors can apply to the Company and make the following requests regarding themselves:
• To learn whether personal data is processed or not,
• To request information if personal data has been processed,
• To learn the purpose of processing personal data and whether they are used appropriately for their purpose,
• To know the third parties in the country or abroad to whom personal data have been transferred,
• To request correction of personal data in case of incomplete or incorrect processing and to request notification of the transaction made within this scope to third parties to whom personal data are transferred,
• To request the deletion or destruction of personal data in the event that the reasons requiring its processing disappear, although it has been processed in accordance with the provisions of the law and other relevant laws and to request notification of the transaction made within this scope to third parties to whom personal data has been transferred,
• Objection to the emergence of a result against the person herself/himself by analyzing the processed data exclusively through automated systems,
• To request the compensation of the damage in case of damage due to the illegal processing of personal data.
Requests for the use of these rights can be made by personal data owners. The applications, along with the documents that will determine the identity of the relevant data owner, can be sent to the company address (“Ulviye Mine Vargönen – Kazımdirik Mahallesi 217 Sokak No: 21/A Bornova/İZMİR”) by hand or through a notary public or by other methods specified in the Law or by sending an e-mail to “info@minekeskin.com” . If a method other than the aforementioned methods is stipulated by the Personal Data Protection Board, applications can also be submitted by this method. Data subject requests submitted by one of the methods mentioned above are evaluated and answered by our Company within a maximum of thirty (30) days. Our company reserves the right to request additional information and documents from the applicant in order to evaluate whether the applicant is the relevant data owner. As a rule, data owner applications are evaluated by our Company free of charge. However, if a fee has been determined by the Personal Data Protection Board for the request of the data subject, our company will have the right to demand payment over this fee.
9 ) Conditions under which the personal data owner may not use their rights :
As per KVKK Article 28, personal data owners may not use their rights mentioned above under the following conditions since these following conditions are excluded from the KVKK:
• the personal data is anonymised through official statistics and processed for research, planning and statistics;
• the personal data is processed for art, history, literature or scientific reasons or in the scope of freedom of expression, provided this does not constitute a crime, violate the national defence, national security, public safety, public order, economic security, privacy of personal life or personal rights;
• the personal data is processed within the scope of preventive, protective or intelligence activities performed by public bodies and institutions given the task and authority by law to ensure national defence, national security, public safety, public order or economic security;
• the personal data is processed by judicial or executive authorities in relation to investigations, prosecutions, adjudications or enforcement. 12 As per Article 28/2 of KVKK, the personal data owners may not claim their rights mentioned in 9, except the right to demand compensation for damages, in the cases listed below:
• when the processing of personal data is required to prevent crime or for criminal investigation;
• when the data processed is expressed publicly by the data owner;
• when the personal data processing is necessary to carry out inspection or regulation, or disciplinary investigation or prosecution by official and authorized institutions and entities and occupational organisations which have the nature of public institutions, as per the authorisation granted by law;
• when processing is necessary to protect the economic and financial interests of the state concerning budget, tax and financial issues.
10 ) Other issues :
If there is a conflict between this policy and KVKK and the terms of other relevant legislation, KVKK and other relevant legislation terms prevail.