Notification on Personal Data Protection LawLegal & Privacy
Notification on Personal Data Protection Law
This Notification on Personal Data Protection Law explains in general;
• types of the personal data collected by Sare Mağazacılık Konfeksiyon İth. İhr. San Tic. A.Ş. through its website www.kayra.com (“Site”), how your personal data is being used and with whom Kayra may share your personal data,
• rights you have regarding your personal data which is processed by Kayra and how you can use your rights thereof, and
• How you can change your options with regard to receiving electronic commercial messages.
Why Do We Process Your Personal Data? Which Personal Data Do We Process?
We process certain personal data which directly or indirectly identifies the Member, including but not limited to name, surname, email address, phone number, gender, date of birth, Turkish national identity number, tax identity number, personal areas of interest, invoice and delivery addresses and in the event you connect with a social media account; other information allowed to be shared through such media, in order to provide a better service to you; to carry out and complete your ordering process and communicate with you during your ordering process; to provide information about products, services, campaigns and promotions; to understand your shopping preferences better, to conduct trend analysis and statistical analysis, and to strengthen the Site's security and to fulfill our obligations arising from the relevant legislation including Law No. 5651 on the Regulation of Publishing on the Internet and Prevention of Crimes Committed Through the Internet, Law No. 6563 on Regulation of Electronic Commerce, Turkish Criminal Code No. 5237, Law No. 6698 on the Protection of Personal Data and other relevant laws and secondary legislation.
Apart from this data, we also collect and process mass statistical data which does not contain personal data, such as site visit frequency and time, ordering time and IP address at the time of order, statistics on the product pages which are visited and products that are ordered, to analyze and understand visitor behaviors and preferences.
We process and store this personal data based on your explicit consent, to ensure that you benefit from the services we offer on the Site, provided that such data is not used except for the purposes and scope set forth in this Notification on Personal Data Protection Law and the information security measures are taken.
We use some personal data we collect on the data bank, for periodical campaigns to be sent at regular intervals, customization of special promotional activities for customer profiles and customer classification studies to avoid spam emails, provided that such data is not disclosed to any person not related to Kayra.
When you use a credit card to pay for the product price, you agree that your credit card number, credit card expiration date, CVV2 code and similar information may be shared with banks. However your credit card and/or debit card information used during order creation is not stored in our systems under any circumstances.
Kayra is free to restore any sort of records for the membership accounts that are terminated, provided that such records are anonymized. Member is not entitled to any right or compensation with respect to anonymized records.
We may share your personal data with third parties with whom we cooperate to provide our services (companies that provide services such as cargo, shipping, call centers, databases, etc.) and government officials as required by our statutory obligations. To fulfil its legal obligations and to ensure your security, Kayra may share your personal data relating to your visit to the Site or your membership, and your traffic information such as surfing information with public institutions and organizations that are legally entitled to request such information. We will not, however, use your personal data for any commercial purpose or share it with third parties, except as required by the activities listed above and the relevant legislation.
What Are Your Rights Regarding Your Personal Data and How Can You Use Your Rights?
Kayra is obliged to keep the Member's information which is legally required to be stored. However, the Member reserves the right, at any time, to request information regarding and to access the personal data relating to him/her, to request any such data to be corrected or deleted and to request information as to whether the data has been used for legitimate purposes.
In accordance with Article 11 of the Law on the Protection of Personal Data, to the extent that your data has been processed by Kayra and Kayra has acted as data controller with regard to your data, you may resort to your rights listed below by sending a e-mail [email protected] through registered electronic mail, secure electronic signature, mobile signature, or through the e-mail address you shared with us during your membership to the website:
• ask whether any of your personal data is being processed,
• request information with regard to the processing activities,
• ask the purposes of the processing,
• in the event your personal data is being shared with third persons within or outside the country, request information on such third persons,
• request correction of the personal data if the data is processed incompletely or inaccurately,
• request the deletion or disposal of personal data if the reasons for the processing of the personal data no longer exist or if the Company has no legal grounds or legitimate interest to process such data;
• request from the Company to ensure that the third persons who process personal data under the authorization given by the Company respect your rights described under this section,
• object to negative consequences that may occur as a result of the processing of personal data by automatic means, and
• request indemnification if the you have incurred damages due to illegal processing of your personal data.
You can always update your membership and communication preferences by logging into the system.
How Long Is Your Personal Data Stored?
In accordance with Law No. 6563 on Regulation of Electronic Commerce, records of withdrawal of consent will be kept for 1 year from the date of withdrawal; the contents of the commercial electronic communications and any other record relating to the posts will be kept for 3 years to be submitted to the relevant ministry when necessary. Following the expiration of the said periods, your personal data will be deleted, destroyed or anonymized by our company or upon your request.
How Is Your Personal Data Protected?
Kayra gives great importance to the protection of your personal data. Kayra takes necessary measures to protect your personal data against unauthorized access and to prevent loss, misuse, disclosure, alteration or destruction of such information.
Kayra undertakes to take all necessary physical, technical and administrative measures and to act with due care to keep your personal data confidential and to ensure privacy and security of your personal data. In the event that your personal data is damaged or obtained by third persons as a result of the attacks on the Site and the system despite the necessary information security measures taken by Kayra, Kayra will immediately notify you and the Personal Data Protection Board thereof and take the necessary measures.
Kayra is entitled to make changes at any time on this Notification on Personal Data Protection Law. These changes will immediately take effect upon publication of the amended new terms and/or policies on the Site. In such a case, necessary information will be communicated to our Members.
A. Commencement of the Agreement
The Member may get to use the Site entering the e-mail address and password providing that s/he complies with the prescribed conditions within this Agreement after s/he has completed registration procedures and approved e-mail address. In the event that the Agreement is signed on behalf of a legal entity, the contracting person is to have accepted and undertaken that s/he is authorized to make such a transaction on behalf of the relevant legal entity; otherwise (in case of an authorized transaction) would be personally liable for all the operant actions hereafter.
The Member undertakes that s/he shall be deemed to have acknowledged all the conditions within the Agreement and that these conditions shall be binding for her/him from the moment s/he has commenced to make use of the Site. Kayra reserves the right to notice the Member of alterations and modifications in below-mentioned conditions on its own discretion if required as per regulations or this Agreement.
B. Rights and Liabilities of the Member
- The Site is an open site for everyone who is a member of it. Services on the site are free of charge. The Member accepts and declares that when making use of the Site, s/he will act according to the conditions within the Agreement and rules prescribed within given parts of the Site.
- The Member agrees to comply with Code of Obligations, Turkish Penal Code, Turkish Commercial Code, Code of Intellectual and Artistic Works; Laws, Statutory Decrees and other related Legislation Provisions Concerning the Protection of Trademark and Patent Rights, the Law on the Protection of Personal and other relevant legislation along with any announcements and notifications to be published by Kayra related to its services when making use of services rendered on the Site. Any legal, penal and financial liabilities to arise from contrary usage against such notifications and laws belong to the Member.
- The Member shall indemnify any loss to be incurred by Kayra due to wrongful acts against the liabilities undertaken by her/him via this Agreement, and Kayra possesses the specific claim of recourse from the Member related to any compensation, administrative/judicial fine it shall be obliged to pay to the public bodies and/or third parties due to wrongful acts of the Member against the Agreement.
- The Member may not do preventive or obstructive acts against other members or visitors to make use of the Site; may not interlock the servers or databases downloading automatic programs and make fallacious attempts on data; otherwise s/he agrees that her/his membership shall end and s/he shall undertake any legal and penal liability to arise from this case.
- To keep the backup of in-Site correspondences is under the responsibility of the persons themselves and is suggested by Kayra. Kayra may not be held responsible for loss and deletion of the back-ups due to failure of keeping the back-ups of the correspondences. The Member accepts and declares that when making an entry or doing shopping on the Site, given personal and other information is accurate and that in case of inaccuracy of such information, s/he shall be indemnify any loss of Kayra due to this situation in full and promptly. Risks related to links (links that prompt other different internet sites) on the site to provide information and convenience for visitors on Site belong to the Member. These links are allowed by Kkayra within the content of the Site only to provide visitors information and convenience.
- Audio-graphic contents presented on Site are only for personal use. Right is reserved for all the texts, graphics, videos, pictures, animations and audios taking part in the content of the Site; unless indicated otherwise, it may not be used for commercial or personal purposes without permission and reference. Without permission of Kayra, it is forbidden to publish or give a link related to any of the Site materials on any other media platforms or internet sites.
- Works belonging to Kayra on Site subject to its copyrights may under any circumstances not be used, sold out, shared, distributed, exhibited, copied, processed and subject to derivative works by the Member. Otherwise, the Member accepts and declares that s/he shall be liable for the entire loss incurred or to be incurred by Kayra. It is strictly forbidden to copy or make use of the software used during the design of pages and creation of database any right of which belongs to Kayra.
- The Member may not delete or extract any notes within the scope of copyrights, trademarks and Code of Intellectual and Artistic Works upon any material copied from the Site or printed via the printer.
- In case of below mentioned cases, Kayra has the right to cancel all the rights arising from the law as well as related operations, to stop the use by the Member, to terminate the membership of the Member and to cancel this Agreement unilaterally promptly: In case of recording wrong, irregular and misleading information on Site which contains statements inappropriate with reference to public decency and laws of Republic of Turkey;
- In case works or data partaking in the Site are used or tried to be used copying them partially or completely; Where a disclosure with the third parties comes up related the rights of use of information such as user name or password given to the Members by Kayra or determined by them as a result of being a member of the site, the Member is directly responsible for misuse of her/his password by other persons. Accordingly, the Member may not make use of IP address, e-mail address, user name and miscellaneous information belonging to others on the internet where s/he also may not reach or make use of private information of the Members without permission. Any legal or penal liabilities to arise from such use belongs to the Member;
- In case software that may threaten the general security of the Site, prevent the running of the Site and software used are applied align with related operations to be done or tried to be done, and information is obtained, deleted or changed; In case the Member damages Kayra taking advantage of any deficit of Kayra campaigns, sales system or the Site (technical, etc.), obtains an unfair advantage, and a misuse of sales system or the Site in a manner of repeated applications is determined by Kayra; In case the Member does an act against the conditions within the Agreement, prescribed rules within the given parts of the Site and applicable legislation when making use of the Site or doing shopping;
- Kayra, while reserving its rights to permanently or temporarily suspend the services provided unilaterally, to change the content of the services or revoke the services and excluding technical failures, undertakes to ensure that the Member benefits from the services described under the Agreement and that the information disclosed by the Member will not be shared with third persons except for legal obligations and the conditions indicated. In the event that a Member is found to cause any electronic sabotage and/or offense which may interfere with the operation of the Site or a criminal complaint or a request for official investigation is submitted by official authorities, Kayra reserves the right to investigate and disclose the personal information of the Member. Member shall act in accordance with the provisions listed above. Otherwise, Kayra has the right to terminate this Agreement promptly. As regards the Member, s/he accepts and declares that s/he has read and understood this Agreement align with an approval from the moment s/he started to make use of the Site.
- The Agreement shall be void immediately and automatically without any notification in case of termination of the membership or any of the cases of termination considered within the Agreement The Member accepts in advance that where required by Kayra, it may cancel the Site membership and terminate this Membership Agreement providing that it notifies the Member of the reason.
- Kayra may make amendments within this Agreement unilaterally any time and with no prior notification to ensure the continuity of its undertaken services. Providing that the final objective of the Site and services rendered remain the same in principle, Kayra has the right to suspend the services temporarily or permanently, make modifications on or cancel the content of the Site, including announced prices, without any justification and unilaterally. Where necessary, Kayra shall announce the updated membership conditions align with updated date under the same link on the Site and notify this to the Member. Updated membership conditions shall be valid as of the announcement and use of the Site or services shall be bound to the current membership conditions as of that very moment. Different rules and obligations may be determined for some certain parts of the Site which are exclusive to the given part. The Member making use of such parts is deemed to have read and understood the relevant rules.
- The Member irrevocably accepts and declares that Kayra may assign the Agreement to third parties and that it allowed the assignment of the Agreement in advance via this Agreement as per Article 205 of Code of Obligations.
- Validity, interpretation and performance of this Agreement are subject to laws of Republic of Turkey. İstanbul Central Courts and Enforcement Courts are authorized to resolve the disputes to arise from the implementation of this Agreement. The email address given by the Member upon being a member of the Site is regarded as the legal notice address for any notification in the future related to this Agreement.
- Where parties fail to notify the other party about changes in current email addresses within three (3) days, they undertake that notifications to be made to the old email addresses shall be valid and deemed to have been received by them. Any notification made using the registered email address of the Member shall be considered as having reached to the Member one (1) day after the email has been sent over by Kayra. The Member accepts and declares that s/he has read, understood and accepted all the articles within this Agreement and approved the accuracy of given information.
- To get further information, please contact kayra.com via contact information or via telephone number and e-mail address mentioned below any time. Sare Mağazacılık Konfeksiyon İth. İhr. San Tic. A.Ş. Address: Ehlibeyt Mah. Tekstilciler Cad. No:12/5 Balgat Çankaya Ankara Telephone: +90 850 455 0 355 Customer Services: [email protected]
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