**EXAMPLE. EDIT TO SUIT YOUR OWN SITE BEFORE USE**
MEMBERSHIP AGREEMENT
Please read this ‘site terms of use’ carefully before using our site.
Customers who use this shopping site and make shopping are assumed to have accepted the following terms:
The web pages on our site and all associated pages ("site") belong to and are operated by ……………………… company located at ………………………………. address ("Company"). You ("User"), by using all the services offered on the site, agree to be subject to the following terms; by benefiting from and continuing to use the service on the site, you confirm that you have the right, authority and legal capacity to enter into a contract according to the applicable laws, that you are over 18 years old, that you have read, understood and are bound by the terms written in this contract.
This agreement is indefinite and imposes rights and obligations related to the contracted site on the parties. When the parties accept/approve this agreement online or in writing, they declare and undertake to fulfill the mentioned rights and obligations completely, accurately, timely, and within the conditions demanded in this agreement.
1. RESPONSIBILITIES
The Company reserves the right to make changes at any time on prices and offered products and services.
The Company accepts and undertakes that the user will benefit from the contractual services except for technical failures.
The User agrees that they will not perform reverse engineering on the site’s use nor engage in any process aimed at discovering or obtaining its source code; otherwise, they will be responsible for damages arising with third parties and legal and criminal proceedings may be initiated against them.
The User acknowledges sole responsibility for any damages incurred due to incomplete or incorrect information provided during registration to the site. In case of incorrect information or violation of this agreement by the User, the Company may terminate membership unilaterally without any notice or warning.
The Company may collect some information such as the Internet service provider name used to access the site, Internet Protocol (IP) address, access date and time, pages visited during the session, and the web address of the site from which the site was accessed for improvement, development or legal reasons. The User agrees to the collection of this information.
The User agrees not to produce or share any content within the site or communications that is against public morals and ethics, illegal, damaging to third party rights, misleading, aggressive, obscene, pornographic, defamatory, infringing copyrights, or promoting illegal activities. Otherwise, the User is fully responsible for any resultant damage, and the Site authorities reserve the right to suspend or terminate such accounts and initiate legal procedures. The Site also reserves the right to share related information with judicial authorities if requested.
Relationships among site members or between members and third parties are the sole responsibility of the members.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All intellectual property rights including registered or unregistered titles, trade names, trademarks, patents, logos, designs, information and methods on this Site belong to the site operator and owner company or the designated party and are protected by national and international law. Visiting this Site or using services on this Site does not grant any rights concerning these intellectual property rights.
2.2. The information on the Site cannot be copied, published, duplicated, presented or transmitted in any way. The whole or part of the Site cannot be used on another internet site without permission. In the event of such a violation, the user will be responsible for compensating the Company for any damages claimed by third parties as well as court costs, attorney fees, and any other liabilities.
3. CONFIDENTIAL INFORMATION
3.1. The Company will not disclose personal information provided by users via the site to third parties. This personal information includes any information that identifies the User such as full name, address, phone number, mobile phone, email address, and is collectively referred to as “Confidential Information.”
3.2. The User consents and declares that for promotional, advertising, campaign, announcement, or other marketing activities limited to these purposes, the Company that owns the Site may share their communication, portfolio status and demographic information with its affiliates or group companies and send electronic communications to the User or its affiliates. This personal information may be used within the Company to profile customers, offer promotions and campaigns suitable for the customer profile, and conduct statistical analyses.
3.3. The User has the right to revoke the consent given with this agreement at any time without explanation. The Company will process the revocation immediately and cease sending electronic communications to the User within 3 (three) business days.
3.4. Confidential Information may only be disclosed to public authorities if requested duly by official authorities and in compliance with mandatory provisions of applicable legislation.
4. NO WARRANTY:
THIS CLAUSE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE OFFERED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND WITH RESPECT TO ANY INFORMATION INCLUDED IN THE SERVICES OR APPLICATION.
5. REGISTRATION AND SECURITY
The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be considered violated and the User’s account may be closed without further notice.
The User is responsible for the security of passwords and accounts on the site and third-party sites. The Company is not liable for any data loss, security breaches or damages to hardware and devices arising otherwise.
6. FORCE MAJEURE
The parties will not be responsible for failure to perform contractual obligations due to events beyond their control such as natural disasters, fires, explosions, civil wars, wars, uprisings, public movements, declarations of mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, power outages (hereinafter collectively called "Force Majeure"). During such period, rights and obligations under this Agreement will be suspended.
7. ENTIRE AGREEMENT AND ENFORCEABILITY
If any part of this agreement becomes partially or wholly invalid, the remainder of the agreement shall continue to be valid.
8. CHANGES TO THE AGREEMENT
The Company may partially or completely change the services offered on the site and the terms of this agreement at any time. Changes become effective as of the date published on the site. Tracking the changes is the User’s responsibility. Continued use of the services signifies acceptance of these changes.
9. NOTICES
All notifications related to this Agreement will be made via the known email address of the Company and the email address provided by the User on the membership form. The User agrees that the address provided at registration is a valid notification address and undertakes to inform the other party in writing within 5 days if it changes; otherwise, notifications sent to this address will be deemed valid.
10. EVIDENCE AGREEMENT
In case of any disputes arising from transactions related to this agreement between the parties, the ledgers, records, documents as well as computer and fax records of the parties shall be accepted as evidence under the Turkish Civil Procedure Law No. 6100, and the user agrees not to object to these records.
11. SETTLEMENT OF DISPUTES
The Istanbul (Central) Courthouse Courts and Enforcement Offices have jurisdiction over all disputes arising from the execution or interpretation of this Agreement.
Dear Customers, Potential Customers, and Website Visitors, as {TITLE TO BE INSERTED HERE} ("" or "Company”), we attach great importance to the protection of your personal data. Within this scope, in accordance with the Personal Data Protection Law No. 6698 ("KVKK”) and as the "data controller,” we would like to inform you about your personal data and processing procedures.
WHAT PERSONAL DATA DO WE PROCESS
Your identity information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, email address, phone number)
Details about your use of the Site (Your behaviors on the site, transactions, preferences, visited products, etc.)
Your specially assigned Username and Password
Your company information (Company name, phone, address)
Upon the conclusion of the ………. Agreement;
Your identity information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, email address, phone number)
If you request an invoice and share it with us (Turkish ID Number, Tax ID Number)
If you pay by credit card, processing for submission to the Payment Institution
If Wire Transfer is selected as the Payment Method, bank IBAN and related bank information,
If You Are a User;
Your specially assigned Username and Password
Your company information (Company name, phone, address)
Records of services provided by our Company (Request and Complaint Management)
Records formed with the complaint forms related to your complaints
If you are a user, the data processed within the electronic commerce system we provide as data processor ………. without determining the purposes and means of processing, only storing and usage-related information belonging to your customers,
In Case You Give Electronic Commercial Communication Consent;
Your identity information (full name),
Your contact information (address, email address, phone number)
Details about your use of the Site (Your behaviors on the site, transactions, preferences, visited products, etc.)
Your marketing-related information (Date of birth, Site usage, shopping habits, demographic member/user/customer information such as address and habits, all kinds of shopping habits-preferences related to products and services, likes and relevant comments, used campaigns, surveys, etc., contents, invoice details, payment methods (cash, credit card, etc.) and payment details (installment amount, etc.), old and new mobile/home/work phone/fax numbers, email addresses, identification data (cookies, web browser signals-information, IP, beacon, wired-wireless network connection information, etc.),
PURPOSES OF PROCESSING YOUR PERSONAL DATA
Your personal data may be processed for the following purposes in accordance with legislation on the protection of personal data;
General Purposes:
If you contact us, to resolve your issues and complaints and, when necessary, to contact you for this purpose, your identity and contact information,
To fulfill our obligations arising from legislation, to fulfill other legal obligations primarily including authorized public institutions and organizations and information security by processing your identity, contact, invoice, and shopping information,
In disputes arising from the contract, to use all kinds of rights such as lawsuits, responses, and objections against official institutions such as courts, enforcement offices, arbitration boards by processing your identity, contact, invoice, and shopping information,
To distinguish the records we created about you in our system from those related to other customers and to enable you to benefit from the post-sales operational processes without submitting an invoice/receipt by processing your identity and contact information,
In case you request an invoice, to issue the invoice by processing your identity and invoice information,
If you want to pay by credit card, to receive the payment by processing your credit card information (credit card information is transferred to the payment institution without being recorded.)
To fulfill our retention obligations arising from legislation by processing your identity, shopping, and invoice information
If You Are a User,
Within the scope of the User Complaint and Request Form to enable product development and to respond instantly to your demands,
In case you are provided with account information, to track regular payments, make adjustments with your account details, and manage your Electronic Commerce environment,
To enable the execution of sales you have made as a user and the operation of your electronic commerce site,
For the management of your requests within the scope of the service provided and to ensure the best service principle for the best possible electronic commerce of Users,
For managing your electronic commerce site with our business partners to whom we transfer your data on the website or upon your request,
If You Give Electronic Commercial Communication Consent
We process your identity, contact, shopping, and marketing-related information to create/carry out general or personalized campaigns, benefits, promotions, advertisements, notifications, and marketing activities, and to conduct all kinds of commercial communication activities directed at you.
METHOD AND LEGAL REASON FOR THE COLLECTION OF YOUR PERSONAL DATA
Your personal data are processed by {TITLE TO BE INSERTED HERE} within the scope of your transactions on the Site, your requests and complaints, and your purchases, as well as all kinds of shopping, collection, delivery, transaction, survey filling on the Site, by automatic methods or through electronic systems within the scope of your Electronic Commercial Communication Consent obtained.
{TITLE TO BE INSERTED HERE} collects your personal data based on the legal grounds of "processing necessary for the establishment and performance of a contract," "fulfillment of a legal obligation," and "processing obligatory for the legitimate interests of the data controller" for the processes on the Site ………. ; for retention obligations arising from legislation, the legal ground is "fulfillment of a legal obligation"; if you are a user, “processing necessary for the establishment and performance of a contract,” and for monitoring your requests and complaints, "processing necessary for exercising a right," based also on the legal grounds of explicit consent if you provide Electronic Commercial Communication Consent and for offering you new services through Data Partners.
The existence of explicit consent; being explicitly stipulated in other legislation applicable to our Company,
Necessity of processing personal data directly related to the establishment or performance of a contract to which the parties are a part, to be able to provide the requested products and services and fulfill the contracts you entered into,
Necessity for fulfilling a legal obligation,
Being disclosed by the person concerned himself/herself,
Necessity of data processing to establish, use, or protect a right,
Processing necessary for the legitimate interests of the data controller provided that it does not harm the fundamental rights and freedoms of the person concerned.
Explicit consent presence; non-health-related personal data can be processed without explicit consent where prescribed by law,
Health-related personal data can only be processed without explicit consent by persons who are obligated to secrecy or authorized institutions for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and financing.
TRANSFER OF YOUR PERSONAL DATA
YOUR RIGHTS
Pursuant to Article 11 of the Law; by using the methods stated in the "Communication" section of this Policy
You have the right to learn whether your Personal Data is processed,
Request information if your Personal Data has been processed,
Learn the purpose of processing your Personal Data and whether they are used in line with that purpose,
Know the third parties your Personal Data is transferred to, domestically or abroad,
Request correction if your Personal Data is incomplete or inaccurately processed,
Request deletion or destruction of your Personal Data under the conditions provided for by the KVKK legislation,
Request notification of third parties to whom your Personal Data has been transferred,
Object to results against you by analysis of processed data exclusively through automated systems,
Request compensation for damages if you suffer losses due to unlawful processing of Personal Data.
CONTACT
You can send your applications to the email address allocated for this application procedure of …… as Data Controller from your registered email on the system or in writing to the address below of ……. (We would like to remind you that if the relevant request must be made with a certain procedure due to laws, the said procedure must be followed.)
Address:
Phone: