MEMBERSHIP AGREEMENT
Please read these 'site terms of use' carefully before using our site.
Our customers who use and shop on this shopping site are assumed to have accepted the following terms:
The web pages on our site and all pages connected to it ('site') belong to and are operated by Kaptan Dalgıç İnşaat Taahhüt Ltd. Şti. ('Company') located at Yeşillik cad. Selgeçen Modeko İş Merkezi No:230 Z/12. While using all the services offered on the site, you ('User') accept that you are subject to the following terms and conditions, and by benefiting from and continuing to use the service on the site; You are deemed to have the right, authority and legal capacity to sign a contract according to the laws you are subject to and that you are over 18 years old, that you have read, understood and are bound by the terms written in the contract.
This contract is indefinite and 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 in writing, they declare and undertake that they will fulfill the aforementioned rights and obligations completely, correctly, on time and within the conditions requested in this contract.
1. RESPONSIBILITIES
The company always reserves the right to make changes to prices and the products and services offered.
The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical malfunctions.
The user accepts in advance that he/she will not reverse engineer the use of the site or take any other action to find or obtain the source code, otherwise he/she will be liable for damages that may arise in the presence of third parties and that legal and criminal proceedings will be taken against him/her.
The User accepts that he/she will be solely responsible for any damages he/she may incur due to incomplete or incorrect information provided while becoming a member of the site, and that in the event of incorrect information provided and in the event of a breach of this agreement by the Member, the company may unilaterally terminate his/her membership without the need for any notice or warning.
The name and Internet Protocol (IP) address of the Internet service provider used to access the site, the date and time the site was accessed, the pages accessed while on the site, and the Internet address of the Web site that provides direct connection to the site may be collected by the Company for the purpose of improving and developing the website and/or within the framework of legal regulations. The User accepts the collection of this information.
The user agrees that he/she will not produce or share content that is against general morality and etiquette, unlawful, violating the rights of third parties, misleading, offensive, obscene, pornographic, violating personal rights, violating copyrights, encouraging illegal activities, in his/her activities within the site, in any section of the site or in his/her communications. Otherwise, he/she is fully responsible for the damage that will occur and in this case, the 'Site' authorities may suspend, terminate such accounts, and reserve the right to initiate legal proceedings. For this reason, if the judicial authorities receive requests for information regarding the activity or user accounts, the court reserves the right to share this information with the authorities.
Members of the site are responsible for their relationships with each other or third parties.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information and method on this Site belong to the site operator and owner company or the specified relevant person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding the said 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 the amount of compensation requested from the company due to the damages suffered by third parties and all other liabilities, including but not limited to court costs and attorney fees.
3. CONFIDENTIAL INFORMATION
3.1. The company will not disclose personal information provided by users through the site to third parties. This personal information includes all kinds of information intended to identify the User, such as the person's name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information'.
3.2. The User accepts and declares that he/she consents to the company that owns the Site sharing his/her communication, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, and to receive electronic messages in this context for himself/herself or its affiliates, limited to the use within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement etc. 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 conduct statistical studies.
3.3. The user has the right to cancel the approval given under this contract without giving any reason. The company will process the cancellation immediately and will refrain from receiving electronic messages from the user within 3 (three) business days.
3.4. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in accordance with the procedure and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.
4. NO WARRANTY:
THIS AGREEMENT CLAUSE SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PROVIDED BY THE COMPANY THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
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 notifying the User.
The User is responsible for the security of his/her password and account on the site and third party sites. Otherwise, the Company cannot be held responsible for any data loss, security breaches or damage to hardware and devices.
6. FORCE MAJEURE
If the parties cannot fulfill their obligations arising from the contract due to reasons beyond the control of the parties such as natural disasters, fire, explosions, civil wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.
7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT
If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.
8. CHANGES TO BE MADE IN THE CONTRACT
The company may change the services offered on the site and the terms of this agreement partially or completely at any time. Changes will be valid from the date they are published on the site. It is the responsibility of the User to follow the changes. The User is deemed to have accepted these changes by continuing to benefit from the services offered .
9. NOTIFICATION
All notifications to be sent to the parties regarding this Agreement shall be made through the Company's known e-mail address and the e-mail address specified by the user in the membership form. The User accepts that the address specified during membership is the valid notification address, and that in case of any change, he/she will notify the other party in writing within 5 days, otherwise, notifications to this address shall be deemed valid.
10. EVIDENCE AGREEMENT
In any disputes that may arise between the Parties regarding the transactions related to this agreement, the Parties' books, records and documents, computer records and fax records will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees not to object to these records.
11. DISPUTE RESOLUTION
Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.
INFORMATION ON PROTECTION OF PERSONAL DATA
We attach great importance to ensuring the security of your personal information that you have transmitted to us, both when using our website and through other means. The "Personal Data Protection Law" numbered 6698 has entered into force. We would like to inform you about the aforementioned legislation and some definitions specified in this legislation:
Personal data : ID any information relating to a specific or identifiable natural person,
Processing of personal data : Obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying or using personal data by fully or partially automatic or non-automatic means provided that it is a part of any data recording system. all kinds of operations performed on data such as blocking,
Data processing : Data The natural or legal person who processes personal data on behalf of the person in charge, based on the authority given by the person responsible,
Data recording system : The registration system in which personal data is processed and structured according to certain criteria,
Data controller : Personal It refers to the natural or legal person who determines the purposes and means of processing the data and is responsible for the establishment and management of the data recording system.
1. Protection of Personal Data and Purpose of Consent Text and Data Controller Position of Our Company:
Our shopping site has the title of "data controller" within the scope of Personal Data Protection Law No. 6698 ("Law") in terms of personal data regarding customers. Pursuant to the Law on the Protection of Personal Data and Consent, it is aimed to enlighten the customers about the personal data processing activities carried out by our shopping site and to obtain their explicit consent for the cases specified in article 3 below.
3. Personal Data to be Processed with the Explicit Consent of Customers and Purposes of Processing:
Personal data can be processed by our Shopping site for the following cases where the personal data processing conditions in Articles 5/2 and 6/3 of the Law are not met. express consent of customers is required.
2. Purpose of Processing Personal Data of Customers:
Personal data belonging to customers are processed in accordance with the personal data processing conditions and purposes specified below and in Articles 5 and 6 of the Law. Personal data of customers;
To make the necessary studies by the business units and to carry out the relevant business processes in order to benefit the relevant people from the products and services offered by our shopping site,
executed by our shopping site To carry out the necessary work by the relevant business units for the realization of commercial activities and to carry out the related business processes,
Planning and executing commercial and/or business strategies of our shopping site,
Providing the legal, technical and commercial-occupational safety of the related persons who have a business relationship with our shopping site, and the appreciation of the products and services offered by us. Planning and executing the activities required to be customized according to usage habits and needs, and recommended and introduced to the relevant people,
Establishment of possible rights and claims of the related parties
Giving information to authorized institutions based on legislation
Creating and tracking visitor records
by our branches, call center, affiliates on behalf of our Company or on our websites and social media pages or any and all but not limited to To ensure the fulfillment of obligations within the scope of the Law on the Protection of the Consumer, the Law on the Regulation of Retail Trade and other legal regulations through various channels,
To provide better service to customers, to provide and offer various advantages, to give information about sales, marketing, information, promotions, to provide information about campaigns and conditions providing surveys, customer satisfaction research, accelerating your purchases, receiving and delivering your orders,
Creating customer-oriented campaigns, cross-selling, target audience determination,
Executing activities to increase the user experience by tracking customer movements and improving the functioning of the website and mobile application of our shopping site and personalizing them according to customer needs, and non-direct marketing, tailor-made marketing and remarketing activities, tailor-made segmentation, targeting, analysis and internal reporting activities, market research,
Customer satisfaction activities, planning and execution of customer relationship management processes, including for the purposes of planning and execution of our shopping site's product and/or It can be processed and shared with the parties specified in this Personal Data Protection Text within the scope of planning and execution of the sales and marketing processes of its services, creating and/or increasing loyalty to the products and/or services offered by our shopping site.
Our Shopping Site; has the right to associate the behavior of the user on the site with a cookie in the browser, even if they are not a member, for the purpose of online behavioral advertising and marketing, and to define remarketing lists based on metrics such as the number of pages viewed, the duration of the visit and the number of target completions. Then, targeted advertising content may be shown to this user on the site or on other sites in the Display Network, based on the interests of the users. During the redirection of Google AFS ads to our Shopping Site, Google may place cookies on users' browsers or read the cookies contained in them or use web beacons to collect information.
4. Transfer of Personal Data of Customers:
Personal data belonging to customers, products and services offered by our shopping site to be carried out by business units in order to benefit the relevant persons and the execution of the relevant business processes , to carry out the necessary work by the relevant business units for the realization of the commercial activities carried out by our shopping site and to carry out the related business processes, the planning and execution of the commercial and / or business strategies of our shopping site, the legal, technical and the planning and execution of the activities required for the provision of commercial-occupational safety and for the products and services offered by our shopping site to be customized according to the tastes, usage habits and needs of the persons concerned, and to recommend and introduce them to the relevant persons. data processing terms and Within the framework of its purposes, it may be shared with Company officials, affiliates, business partners, suppliers, shareholders, legally authorized public institutions and organizations and private institutions.
User's Name and Contact Information, pursuant to the payment institution framework agreement to be approved at the payment stage and published in the Official Gazette dated 9 January 2008 and numbered 26751 In accordance with the Regulation on Measures to Prevent Laundering Proceeds of Crime and Financing of Terrorism, it can be shared with payment institutions for identity verification purposes.
Our Shopping Site can transfer personal data to third parties within the country for the purposes stated above, provided that the conditions stipulated in the Law No. 6698 are met, as well as abroad. can be transferred outside.
5. Method and Legal Reason for Personal Data Collection:
Personal data is collected electronically from customers. Personal data collected for the above-mentioned legal reasons can be processed and transferred for the purposes specified in Articles 5 and 6 of the Law and this Personal Data Protection Text.
6. Retention Periods of Personal Data
Our Shopping Site keeps personal data for the period specified in these legislations, if stipulated in the relevant laws and regulations.
If the legislation on how long personal data should be kept for a period of time has not been regulated, our Personal Data Shopping Site will be linked to the activity carried out while processing that data. It is processed for the period that requires it to be processed in accordance with the practices and commercial practices of our Shopping Site, and then deleted, destroyed or anonymized.
The purpose of processing personal data has ended; If the storage periods determined by the relevant legislation and our Shopping Site have also come to an end; Personal data can only be stored to provide evidence in possible legal disputes or to assert the right related to personal data or to establish a defense. Despite the expiry of the statute of limitations for asserting the right mentioned in the establishment of the terms herein, and the expiry of the statute of limitations, the retention periods are determined based on the examples previously submitted to our Shopping Site on the same issues. In this case, the stored personal data is not accessed for any other purpose, and only when necessary to use it in the relevant legal dispute, access to the relevant personal data is provided. Here, too, personal data is deleted, destroyed or anonymized after the aforementioned period expires.
7. Rights of Customers as Personal Data Owners:
Data owners pursuant to Article 11 of the Law; (i) to learn whether personal data about them is being processed, (ii) to request information if their personal data has been processed, (iii) to learn the purpose of processing personal data and whether they are used in accordance with its purpose, (iv) to which personal data is transferred in the country or abroad. knowing the third parties, (v) requesting the correction of personal data in case of incomplete or incorrect processing and requesting the notification of the transaction made within this scope to the third parties to whom the personal data has been transferred, to request the deletion or destruction of personal data in case of withdrawal, and to request the notification of the transaction made within this scope to the third parties to whom the personal data has been transferred, (vii) to object to the emergence of a result against the person by analyzing the processed data exclusively through automated systems, and (viii) to receive personal data has the right to demand the compensation of the damage in case of loss due to unlawful processing of the data.
Demands regarding the exercise of the aforementioned rights can be submitted by our Shopping Site to the personal data owners through the methods specified in the scope of Law No. 6698. Our shopping site will evaluate the requests and conclude them within 30 days.
There may be changes in line with the legal and technological developments regarding the issues included in this form.