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1. Parties

a) Paşabahçe Mağazaları A.Ş. ve Ticaret A.Ş. which operates the website store.pasabahce.com, residing in İçmeler Mah. D-100 Karayolu Cad. No: 44/A 34947 Tuzla – Istanbul/Turkey (hereafter referred to as “Paşabahçe Mağazaları”).

b) The Internet user (“Member”) who becomes a member of http://store.pasabahce.com website.

2. Subject of Agreement

The subject of this Agreement is the determination of the member’s terms of access to Paşabahçe Mağazaları’s website http://store.pasabahce.com.

3. Rights and Obligations of Parties

3.1.The Member declares and undertakes that the personal and other information they provided at the time of becoming a member of the http://store.pasabahce.com website is accurate before the law, and that they will fully and promptly compensate all losses that Paşabahçe Mağazaları may incur due to the fallacy of such information.

3.2.The Member shall not share the password given to them by Paşabahçe Mağazaları with other persons or organizations, and said password can only be used by the member in person. Regarding all responsibility that may arise because of this, as well as against all claims and demands presented by third parties, or competent authorities against Paşabahçe Mağazaları, Paşabahçe Mağazaları retain all rights to compensation and other claims originating from the aforementioned unauthorized use.

3.3.The Member initially declares and undertakes that they will conform to and not violate the provisions of the related legislation while using the  http://store.pasabahce.com website. Otherwise, all legal and penal obligations that may arise will fully and exclusively bind the member.

3.4.The member shall not use the http://store.pasabahce.com website in a way that disturbs the peace, contravenes public morality, or else is disruptive and harassing to others, or for illegal purposes, and in a way that violates other people’s intellectual copyrights. Furthermore, members may not be engaged in activities (spam, virus, Trojan horse, etc.) or transactions that are preventive or that create complications for others that prevent them from benefitting from available services.

3.5.The opinions and thoughts declared, posted and used by members on store.pasabahce.com are fully their personal opinions, and bind the owner of the opinion. They are in no way related to or associated with Paşabahçe Mağazaları. Paşabahçe Mağazaları has no responsibility for the losses that third parties may incur due to the opinions and thoughts declared by the member, or for the losses that the member may incur due to opinions and thoughts declared by third parties.

3.6.Paşabahçe Mağazaları shall not be responsible for member data being read by unauthorized individuals, and damaged member software and data. The member accepts in advance that they will not demand compensation from Paşabahçe Mağazaları due to any damages they may be subject to while using http://store.pasabahce.com.

3.7. The member accepts that they will not have unauthorized access to and use other Internet users’ software and data. Otherwise, all legal and penal responsibilities to arise accordingly belong to the member.

3.8. The member who violates one or more items explained in this membership agreement herein, shall be criminally and legally responsible for the violation, and shall keep Paşabahçe Mağazaları free of any legal and criminal consequences of these violations. Furthermore, in the event of litigation, Paşabahçe Mağazaları reserves the right to request compensation from the member due to a breach of the membership agreement.

3.9.Paşabahçe Mağazaları has the right to unilaterally cancel the member’s membership when necessary, and to delete all files, documents and information on the customer. The member accepts this disposition in advance. In such a case, Paşabahçe Mağazaları shall not be held liable.

3.10.The software and design of the store.pasabahce.com website is owned by Paşabahçe Mağazaları, and is protected by laws related to copyright and/or other intellectual property rights in this regard, and these cannot be used, acquired or changed by the member without permission. Other companies and their products that are found on this website are the trademarks of the product owners, and are protected within the scope of additional intellectual property rights.

3.11.Certain information such as the name of the Internet service provider and the Internet Protocol (IP) address used by Paşabahçe Mağazaları for the improvement, development of http://store.pasabahce.com, and/or to access the website within the framework of applicable legislation, the date and time of access to the website, the pages visited while on the website, and the Internet address of the website that provided a direct access to the website may be collected.

3.12.Paşabahçe Mağazaları may use its members’ personal information in order to offer better services to its users, to improve its products and services, and to facilitate the use of the website, as well as in its activities in relation to the personal preferences and areas of interest of its members. Paşabahçe Mağazaları reserves the right to keep records of movements of the member on http://store.pasabahce.com.

3.13.The member of Paşabahçe Mağazaları accepts and declares that they consent to Paşabahçe Mağazaları and all of its affiliates sending them product and service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction applications within the current applications, and/or applications to be put into effect. The Member accepts and declares that they allow the personal information as well as shopping information and shopping and/or consumer behavior information they provided at the time of becoming a member of Paşabahçe Mağazaları and/or through other means in the past to be collected for the purposes stated above, to be shared with all of its affiliate companies, and to be used and archived by Paşabahçe Mağazaları and all of its affiliates. Unless otherwise stated by the member, they accept and declare that even after the end of their membership data can be collected and shared with all affiliate companies, and used and archived by Paşabahçe Mağazaları and all of its affiliate companies. Unless otherwise stated by the member, the member accepts and declares that they consent to Paşabahçe Mağazaları and all of its affiliates contacting them via the Internet, telephone, text messages, etc. The member accepts and declares that they will not claim for any direct and/or indirect, material and/or non-material, negative and/or affirmative loss due to the collection, sharing, using and archiving of the aforementioned information, and due to their being contacted, and that they will not hold Paşabahçe Mağazaları or any of its affiliate companies responsible. If the member wants to change their data sharing preferences, they may communicate this request to the customer services call centers of Paşabahçe Mağazaları.

3.14. Paşabahçe Mağazaları, in cases where it is convinced of necessary good will, may disclose the personal information of the member when requested as a legal obligation or (a) in order to abide by legal obligations or to abide by legal procedures notified to Paşabahçe Mağazaları, and (b) in order to protect and defend the rights and property of Paşabahçe Mağazaları and the Paşabahçe Mağazaları website family.

3.15.Paşabahçe Mağazaları has taken precautions within the bounds of current possibilities to free its website from viruses and similar software. On the other hand, the user shall have their own virus protection system and the required protection in order to ensure ultimate security. In this regard, the member is considered to have acknowledged their responsibility in all errors that may occur in their own software and operating systems at the time they access the Paşabahçe Mağazaları website, as well as in their direct or indirect consequences.

3.16.Paşabahçe Mağazaları reserves the right to change the content of the website whenever, to change or terminate any service provided to users, or to delete user information and data registered on the website.

3.17.Paşabahçe Mağazaları can change, update or cancel the terms of membership agreement without the necessity of prior notification and/or warning in any way, shape or form. Every provision that is changed, updated or abolished shall take effect in terms of all members at the time of posting.

3.18.Parties accept and declare that all the computer records of Paşabahçe Mağazaları shall be taken as a basis of sole and exclusive evidence pursuant to article 193 of the Turkish Code of Civil Procedure, and that such records constitute an evidential contract.

3.19.While Paşabahçe Mağazaları is authorized to send information emails to electronic mailing addresses, and information text messages to the mobile phones of members as per this membership agreement, with the approval of this membership agreement the member shall be considered to have acknowledged that information mails may be sent to their electronic mail address, and information text messages may be sent to their mobile phones. In the event that the member wishes to unsubscribe from receiving emails and/or text messages, they can cancel such deliveries from the “My Membership Information” section under “My Account”.

4. The Termination of Agreement: This agreement herein shall remain in force until the member cancels their membership or the membership is canceled by Paşabahçe Mağazaları. In the event that the member violates any provisions of the membership agreement, Paşabahçe Mağazaları can unilaterally cancel the membership and terminate the agreement.

5. Settlement and Disputes: Istanbul Courts and Enforcement Offices are authorized in the Resolution of Disputes regarding the agreement herein.

6. Validity: When a member registers as a member, they are considered to have read all items in the membership agreement, and accepted all items in the membership agreement. This agreement herein is signed at the time the member became a member, and mutually enforced.

As a member of the Şişecam Group (Türkiye Şişe ve Cam Fabrikaları A.Ş. refers to the domestic and foreign, current and/or prospective subsidiaries, participations, joint ventures, and all of their branches, as well as their offices), PAŞABAHÇE MAĞAZALARI A.Ş. (“Paşabahçe Mağazaları”) considers the protection of personal information to be among its key priorities. In this respect, Paşabahçe Mağazaları brings to the attention of all of our valuable customers, suppliers, and all parties who use our website the below statements in fulfilling the obligation of clarification arising from article 10 of the Law on the Protection of Personal Data (“PPD”) no 6698.

1. What is the legal basis of Paşabahçe Mağazaları collecting personal data?

The personal information of our customers, as well as the 3rd parties who use our website, is processed in compliance with the provisions of the Turkish Constitution in particular, and of the PA, Turkish Penal Code, and relevant legislation. The data of our customers who shop on our website is also processed in compliance with the provisions of the Law on the Regulation of Electronic Commerce no. 6563.

2. What methods does Paşabahçe Mağazaları use in collecting personal data?

While your personal data may vary in respect of the nature of service, product or commercial activity offered by Paşabahçe Mağazaları, it is processed verbally, in writing or electronically based upon customer consent and the provisions of legislation by means of automatic or non-automatic methods, at stores, call centers, customer services units located in our stores, and via the website, social media, and applications loyalty programs.

We would like to remind you that the https://www.pasabahcemagazalari.com/, and https://www.pasabahcemagazalari.com/ websites that belongs to Paşabahçe Mağazaları use cookies. In order to better serve its visitors, to have its visitors and members take advantage of membership and the benefits of its shopping platform, and within the framework of its legal obligation, https://www.pasabahcemagazalari.com/ will collect, process, share with third parties, and securely store your browsing information, provided that it is not used beyond the purpose and scope determined by this Statement Regarding Confidentiality/ Protection of Personal Data. Information on the cookies we use to collect your browsing information will be provided in “a pop-up window” when you initially enter the website, or when you download the mobile application to your phone or tablet.

https://www.pasabahcemagazalari.com/ monitors your browsing information and/or history of membership access to the website for the purpose of delivering advertisements specific to you, offering promotions and marketing proposals, and of improving the content of websites or mobile applications according to you and/or to identify your preferences.

You can remove the permanent cookies and dismiss both the session cookies and permanent cookies by following instructions in the ‘help” file of your web browser, or by visiting “www.allaboutcookies.org” or www.youronlinechoices.eu. If you dismiss the permanent or session cookies, you can continue using the website, but you may not have access to all functions of the website, or your access may be limited.

Paşabahçe Mağazaları may save the Internet behavior of individuals who visit these sites via its https://www.pasabahcemagazalari.com/ website in order to ensure that these visitors act in compliance with their purpose of visit; and to show them customized content.

3. For what purposes does Paşabahçe Mağazaları use personal information?

Paşabahçe Mağazaları will be able to save, store, update, disclose and transfer to third parties, classify and process your personal data under circumstances and to the extent allowed by legislation.

We process your personal data for the purpose of:

  • Confirming the identification information of the person who carries out/has someone carry out a transaction,
  • Saving address and other information necessary for communication,
  • Regulating all records and documents that will form the basis of transactions electronically (Internet / mobile, etc.) or in writing,
  • Drawing up invoices in accordance with the execution of the sales agreement, distance sales agreement, and with the current legislation, and guaranteeing that our customers are able to fully and properly exercise their rights (right of withdrawal, right of choice, etc.) arising from current legislation,
  • In the event of express consent, offering our customers customized advertisements, promotion and other benefits, conducting customer segmentation in line with retrieved data, developing and improving survey and telemarketing practices, data mining, and customer data quality, and designing and managing loyalty processes for customer management, cross selling and recovering lost customers,
  • Evaluating customer complaints and suggestions regarding our products and services,
  • Ensuring the security and supervision of stores, buildings and facilities that belong to Paşabahçe Mağazaları,
  • Determining and executing the commercial and business strategies of Paşabahçe Mağazaları,
  • Fulfilling our obligations arising from the PPD, and using our rights originating from the legislation.

4. How does Paşabahçe Mağazaları protect your personal data?

In processing personal data, Paşabahçe Mağazaları observes the principles of

I) complying with the law and rules of good will

II) being accurate and up-to-date as required

III) processing for determined, clear, and legitimate purposes

IV) being related and limited to the purpose of processing, as well as moderate

V) storing for the duration foreseen in relevant legislation, or as required for the purpose of processing.

Personal information shared with Paşabahçe Mağazaları in line with these principles is under the supervision and control of Paşabahçe Mağazaları. Paşabahçe Mağazaları assumed the responsibility of establishing the necessary organization and taking and adjusting technical precautions in order to preserve the confidentiality and integrity of information within the capacity of data supervisor. Paşabahçe Mağazaları processes personal data within the scope of the purposes explained in the Statement Regarding Confidentiality/ Protection of Personal Data, and takes all necessary technical and administrative precautions to ensure the security of processed data.

5. Does Paşabahçe Mağazaları share your personal data?

The sharing of the personal data of our customers with third parties is performed within the scope of customer consent, and as a rule personal data is not transferred to third parties without direct customer consent.

However, personal data is shared with the courts and other public institutions, due to and limited to our legal obligations. Furthermore, in order to provide the services we have guaranteed, and to conduct the quality control of services offered, we transfer personal data to contracted third parties within the limits foreseen by legislation.

Your personal data may be shared with the Şişecam Group, program partner institutions and organizations we collaborate with in order to conduct our operations, with domestic/foreign individuals and institutions we receive services from in order to store data in the cloud, with domestic/foreign organizations we have signed a contract with in respect of sending commercial electronic messages to our customers within the scope of their consent, with Interbank Card Centers, banks we work with, and survey companies to provide you better services, and to ensure customer satisfaction within the scope of various marketing operations, and with our business partnerships related to other domestic/foreign third parties, pursuant to articles 8 and 9 of the PPD.

In order to prevent the violation of rights at the time of data transfer to third parties, precautions stated in paragraph 4 of the Statement Regarding Confidentiality/ Protection of Personal Data, herein, are taken. However, Paşabahçe Mağazaları declares that it is not responsible for violations that occur due directly to the data protection policies of third parties and within the scope of risk under the responsibility of a third party.

6. What are your rights arising from the Law on the Protection of Personal Data?

Pursuant to the PA, we would like to remind you that you have the below-mentioned rights regarding your personal data;

a) finding out whether or not they are processed,

b) requesting information in case they are processed,

c) finding out the purpose of processing, and whether they are used in line with this purpose,

d) finding out about the domestic/foreign 3rd parties they are transferred to,

e) requesting correction if they are faultily / incorrectly processed,

f) requesting their deletion / elimination within the terms foreseen in article 7 of the PPD,

g) requesting the notification of third parties they were transferred to on transactions conducted pursuant to items (e) and (f) above,

h) objecting to an outcome against you as a result of their analysis exclusively through automatic systems,

i) requesting compensation for damages in the event that losses are suffered due to their processing in defiance of the PPD.

In the event that you deliver your requests to Paşabahçe Mağazaları in writing regarding your rights listed above, Paşabahçe Mağazaları resolves your requests within 30 (thirty) days at the latest free of charge. However, in case the transaction necessitates additional cost, a fee according to the price list determined by the Board of Personal Data Protection will apply.

In order to use your abovementioned rights as per the 1st paragraph of article 13 of the PPD, you can deliver your request to Paşabahçe Mağazaları in writing, or via other methods to be determined in the future by the Board of Personal Data Protection. In order to benefit from your abovementioned rights, you can deliver your request in writing, explaining the particular rights you would like to exercise along with required identification information by mailing it to İçmeler Mahallesi, D-100 Karayolu Caddesi No:44/A Tuzla – Istanbul, or via a public notary.

7. How can I be notified of changes in the legislation regarding personal data?

Your rights pursuant to the PA are the obligations of Paşabahçe Mağazaları. We would like to inform you that we process your personal data with this awareness, and to the extent stipulated by legislation, that in the event of legal changes we will be updating these information in line with the new legislation, and that you can always readily follow these updates on this page.

8. How can I make sure that data is up-to-date and accurate?

Paşabahçe Mağazaları has the obligation to keep your personal data accurate and up-to-date as per article 4 of the PPD. Within this scope, our customers must share their accurate and most current data with Paşabahçe Mağazaları for it to fulfill its obligations arising from current legislation. In the event of any changes to your data, please contact us through the channels indicated above and update your information.

 

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