In this agreement; “Buyer” states the Members who signed up to the Site and whose Membership is approved and who buys the goods over the Site which are put up for sale on the Site within the scope of the provisions of Remote Sales Agreement by www.farawayclothing.com; “Content” states all kinds of visual, literary and auditory images such as all kinds of designs, logos, signs, information, files, pictures, music, numbers and others which are published on the Site or to which the access is available. “Reliable Electronic Trade System (RET System)” states the service provided by www.farawayclothing.com and the related bank within the conditions that are specified on this Agreement intended for executing the “payment” related section of the sales agreement that is concluded between the Buyer and www.farawayclothing.com; “Reliable Account” states the escrow account in which the payments that are made by the Member/Buyer are kept in RET System; “Service” states the services which are provided to the Members by www.farawayclothing.com within the scope of this agreement and for whose content www.farawayclothing.com always has a right to make amendments; “User” states the real and regal entities who accesses the Site online and who benefit from the Services that are provided within the conditions that are specified on this Agreement; “Online Sale” states the sales of the goods that are made over the Site within the scope of the Remote Sales Agreement; “Site” states the website formed of the www.www.farawayclothing.com zone name and of the sub zone names subjected to this zone name and through which the value added services which are formed in connection with this site are provided; “www.farawayclothing.com Interface” states the internet pages which are used primarily for the purpose that the content formed by the Members can be seen by the Users and that www.farawayclothing.com database can be investigated, which are protected within the scope of the 5846 numbered Code of Intellectual and Artistic Works and which issues a commend to the computer software in order for all kinds of transactions to be carried out that can be done over the Site within the designs of whose all intellectual properties belong to www.farawayclothing.com; “www.farawayclothing.com Membership Account” states the internet pages special to the members on which the Members can carry out the transactions that are necessary for the members benefit from the services provided on the side, can view the goods, can participate in the voting about the goods and can buy the goods put up for sale and which can be accessed through the “user name” and “password” that are only determined by the members and undertaken to be used solely by the members; “www.farawayclothing.com Database” states the database in which the content that can be accessed within the site is stored, sorted out, investigated and accessed, which belongs to www.farawayclothing.com and which is protected as per the 5846 Numbered Code of Intellectual and Artistic Works; “Member” states the real and legal entities who sign up the site under the conditions that are determined by www.farawayclothing.com and whose membership is approved also by www.farawayclothing.com and who benefit from the Services that are provided on the site within the conditions determined by www.farawayclothing.com (membership involves the Buyer also); “Membership Information” states user name, password and and/or pass code and other information which enables the Members to access to the site;
2. THE SUBJECT AND THE SCOPE OF THE AGREEMENT
The subject of this agreement is the determination of the services that are provided on the site, of the conditions for benefitting from these services and of the rights and responsibilities of the parties. The scope of this agreement is all kinds of declarations such as warnings, writings and explanations that are made by www.farawayclothing.com with regard to the use within the Site, to the membership and to the services through the scope of this Agreement, this Agreement itself and its annexes. By accepting the provisions of this Agreement the Members, will also be accepting all the declarations that are made by www.farawayclothing.com with regard to the use within the Site, to the membership and to the services. The members accept, declare and undertake to act in compliance with all kinds of matters that are specified on the mentioned declarations.
3. THE MEMBERSHIP CONDITIONS
3.1. The membership is completed upon the completion of the membership forms that are necessary in order to be a Members of the Site by the people who want to be a Member from the related sections of the Site; the entrance of the identification information, approval of the correctness of all kinds of information requested for the membership; carrying out the registration transactions by means of paying the price in the cases which the membership is subject to a price and the approval of the registration transactions by www.farawayclothing.com. The people whose membership transactions are not completed cannot obtain the membership quality that is specified on this Agreement.
3.2. In order to be able to be a member of the site, it is necessary to be of full age, to be authorized to represent and bind the legal entity for the legal entity members and the membership should not be previously suspended or cancelled within the scope of this agreement by www.farawayclothing.com. The people who are not of full age and the legal entities whose application is made by the people not having the representation and binding authority, the people whose membership is temporarily suspended and the people whose membership is cancelled cannot benefit from the rights of membership even if their Site Member registration transactions are completed.
3.3. www.farawayclothing.com always can terminate this Agreement unilaterally without needing any reason and without making any notification in a way that it will immediately be effective and can cancel the membership of the Member. The termination or the cancellation of the membership in this way does not in any way impose any liability against www.farawayclothing.com to pay any indemnity. www.farawayclothing.com, in the cases deemed necessary, has the right to cancel or suspend the membership of a member even without terminating this Agreement. Including these cases but not limited to these, if www.farawayclothing.com reaches the conclusion that the provisions of this agreement and the rules of the Site are not followed and that any transaction carried out by the Member poses a risk at any time legally or in terms of the information security of www.farawayclothing.com, Site and/or the Members or damages or will be able to damage the commercial interests of www.farawayclothing.com, it can decide upon one of the choices among the termination of this Agreement, suspension of the Membership or the cancellation of the membership, which are specified in this article, and can apply them.
4. RIGHTS AND RESPONSIBILITIES
4.1. Rights and Responsibilities of the Member
4.1.1. The member, while carrying out the membership transactions, benefitting from the Services and while carrying out any transaction with regard to the Service, accepts that s/he will act in compliance with all the provisions existing in this Agreement, with the rules/declarations specified with regard to the Services from which the members benefit on the related sections of the site and with all the legislations in force, that s/he read, understood and approved all rules and conditions written herein.
4.1.2. The Member, within the cases which www.farawayclothing.com is liable to make explanations to the official authorities as per the imperative legislation provisions in force, accepts that www.farawayclothing.com will be authorized to explain the secret/private/commercial information belonging to the users to the official authorities in the event that these information are requested by the official authorities and that no indemnity will be demanded from himself/herself for this reason regardless of any name under. Besides, upon the Member’s application to www.farawayclothing.com by claiming that his/her rights are violated by the third parties with regard to the materials that the Member published on the site and that s/he will go to law or in the event that it is notified to www.farawayclothing.com that one of the parties wishes to go to law on the conflicts between the members, www.farawayclothing.com has the right to share the Member Information of the merber with the opposing party.
4.1.3. The member is responsible for the protection of the Membership Information safely, for ensuring that this information is only used by him/her and for keeping them from third parties. The member, because of the mistakes and negligence on this matter, is responsible for the losses that www.farawayclothing.com, other members and the third parties will suffer.
4.1.4. The members declare and undertake that the information within the site provided by him/her is true and legal and that the publication of the information in question over the internet will not create any contradiction to law in accordance with the legislations in force. www.farawayclothing.com cannot be enjoined for investigating the correctness of the information which is directly submitted to itself by the Member or provided, amended or uploaded by itself over the Site and for assuring or undertaking that this information is reliable, true and legal. Also it cannot be held responsible for any loss that can arise on account of the fact that such information is contradictory to law, incorrect or faulty or that it is published.
4.1.5. The member, without the written consent of www.farawayclothing.com, cannot transfer this Agreement or his/her rights and responsibilities within the scope of this Agreement to any third party wholly or partially.
4.1.6. The Member, who benefits from the services and uses the Site, can carry out transaction over the Site for only legal purposes. The legal and criminal responsibility for all the actions and transactions that the Member carries out over the Site. The member accepts and undertakes that s/he will not reproduce, copy, distribute, process the goods, pictures, texts, visual and auditory images, video clips, files, catalogues and lists within the Site that can constitute a violation against the real or personal rights and properties www.farawayclothing.com, any other Member and/or third parties or will not upload the content which can result in such and which are specified herein this article and that s/he will not engage directly and/or indirectly in competition with www.farawayclothing.com either through these actions or through other ways. The Member, on account of the activities that s/he carried out on the Site against the law and the provisions of this agreement, becomes responsible for the losses that www.farawayclothing.com, other Members and the third parties can suffer from.
4.1.7. www.farawayclothing.com, with regard to the goods that are on the Site, allows the displaying of the goods and the use of www.farawayclothing.com interface for the purpose that the Member learn only the content of the related goods and the Member, except for the aforementioned purpose, cannot copy the goods wholly or in part from the database, cannot directly or indirectly publish these on the other channels cannot gathe, process, apply to the related chair for the registration, produce, have produced, market and cannot share with third parties for this purpose.
4.1.8. All the responsibilities arising from the services and published content on the Site provided by the Members, including the Buyers, and the third parties belong top themselves and www.farawayclothing.com in any way cannot be held responsible.
4.1.9. The Member accepts declares and undertakes that the responsibility of all kinds of actions and transactions that s/he carries out over the www.farawayclothing.com Membership Account belong to him/her, that s/he will not make any plea and/or objection that s/he did not carry out the actions and transactions carried out and/or that s/he will not avoid fulfilling the responsibilities on the basis of this plea or objection.
4.1.10. The Member accepts, declared and undertakes not to open more than one www.farawayclothing.com Membership accounts by means of using a different user name. In the event that it is determined by www.farawayclothing.com that this rule is violated and that one or more than one www.farawayclothing.com Membership account is opened with a different user name in order to access to the Site by anyone whose membership is terminated, whose membership is ceased or suspended, www.farawayclothing.com will have the authority to cancel all www.farawayclothing.com Membership Accounts of that person without needing any warning and to terminate this agreement unilaterally without having any indemnity responsibility.
4.2. RIGHTS AND RESPONSIBILITIES OF www.farawayclothing.com
4.2.1. www.farawayclothing.com accepts, declares and undertakes to provide the Services mentioned herein this Agreement within the terms specified in this Agreement and within the explanations specified in www.farawayclothing.com Membership Account with regard to the presentation of the services in question and to establish and operate the necessary technological infrastructure in order for the Services that are specified within the scope of this Agreement to be presented on condition that the provisions specified on the article 3 of this Agreement is reserved. The responsibility to establish the technological infrastructure specified in this article does not mean a limitless and complete service agreement. www.farawayclothing.com, at any time without making any notification, can cease or terminate the Services that are determined by Agreement and their technological infrastructures.
4.2.2. www.farawayclothing.com has the right to always change Services and Contents that are presented on the Site, to close the information and content that the Members uploaded to the system to the access of the third parties including all the Users and Buyers and to erase them. www.farawayclothing.com can use this right without making any notification. The members have to immediately carry out the amendments and/or corrections that www.farawayclothing.com requested. www.farawayclothing.com, when necessary, can carry out the amendments and/or corrections by itself. The legal and criminal responsibilities of the losses that can arise by reason of the fact that the amendments and/or corrections requested by www.farawayclothing.com are not carried out by the Members on time belong completely to the Members.
4.2.3. If a link is given by the Members or only for the reason of reference convenience by www.farawayclothing.com, this cannot be interpreted as the link is given by www.farawayclothing.com for the purpose of supporting the internet sites to which those given links are directed or cannot be acknowledged as any declaration or warranty is given by www.farawayclothing.com directed to the internet site in question or its content. www.farawayclothing.com does not accept any responsibility with regard to the sites, files and contents that are accessed in this way.
4.2.4. www.farawayclothing.com has the right to use the contents that are uploaded by the Members on the Site or the Member Information for the security of the Member, for executing its own responsibility and for some statistical evaluations. It can classify and store these on a database.
4.2.5. www.farawayclothing.com can conclude agreements with third parties for displaying the the texts, pictures and contents that are used on the Site by the Members on other sites, on search engines and on the advertisements and declarations of www.farawayclothing.com. The Member in this agreement precisely declares and accepts that s/he gives www.farawayclothing.com the authority in this regard.
4.2.6. www.farawayclothing.com has the right to always check the messages and contents that are against the operation of Site, law, rights of the others, terms of the agreements and to the public decency and to cancel them from access. www.farawayclothing.com can cancel the membership of the Member who makes the entrance of such content and message without making any notifications.
5.1. Reliable Electronic Commerce Services The Reliable Electronic Commerce (RET) service is the service of the presentation of the infrastructure by www.farawayclothing.com for the purpose of enabling the Buyer to buy the goods put up for Online Sales by using the infrastructure of the Site. The following provisions regulates the rights and responsibilities of the Buyer using the Ret service and www.farawayclothing.com.
5.1.1. The rights and Responsibilities of the Buyer
220.127.116.11. The Buyer in the Ret service makes the purchase request of the good that is put up for sale on the Site by using the Site infrastructure by means of approving that s/he read and accepted the Remote Sales Agreement. The Buyer, through a purchase request submitted to www.farawayclothing.com in this way, declares, accepts and undertakes that s/he accepts the conditions that are specified on this Agreement and on the Remote Sales Agreement with regard to the sales of the Good put up for sale. The Buyer accepts and undertakes to buy the related good with this purchase request.
18.104.22.168. In the Ret service, if www.farawayclothing.com set forth a sales method with regard to the determination of the certain sales price as a result of the offers that will be given by the Buyer within the specific price range of the goods, the Buyer makes his/her offer to www.farawayclothing.com in order to buy the good by using the “Purchase” button. Upon the acceptance of the Buyer’s offer by www.farawayclothing.com, the agreement is concluded between the parties. The declaration of acceptance is sent to the e-mail address of the Buyer over the system and simultaneously displayed on the www.farawayclothing.com Membership Account of the Buyer. www.farawayclothing.com has to make the declaration of acceptance or refusal by using the www.farawayclothing.com Membership Account. With regard to the declarations of acceptance or refusal which are made without using www.farawayclothing.com Membership Account, www.farawayclothing.com does not have any responsibility. In the event that the price of the good that is agreed by the parties is not invested into the Reliable Account by the Buyer within 3 (three) workdays following the acceptance of the offer by www.farawayclothing.com given by the Buyer through the method specified in this article, the agreement between the parties will be assumes as terminated by itself. In the Ret service, in the event that the Buyer carries out the payment transaction related to the good after the adding to chart transaction, the agreement is concluded between the parties.
22.214.171.124. The Buyer, with the purchase requests that s/he made over the Site by using the infrastructure belonging to the Site, is assumed to accept the sales conditions and methods that are specified by www.farawayclothing.com. Except for the exceptional cases, the purchase requests that are made by the Buyer cannot be withdrawn or cannot be cancelled. The exceptional case within the scope of this Agreement is defined as not investing the price of good, which is specified on the last paragraph of the article number 126.96.36.199, into the Reliable Account within time.
188.8.131.52. The Buyer, for the purchase requests that s/he made over the Site by using the infrastructure of the Site, only can carry out the discharge of the money debt by making money transfer to the Reliable Account. In the event that the discharge of the money debt is carried out through another method out of the Reliable Account, www.farawayclothing.com will not have any responsibility with regard to the Ret service that is specified on this Agreement.
6. THE MEMBER PROFILE EVALUATION SYSTEM
6.1. While creating the member profile or while adding new comments to www.farawayclothing.com or to another Member profile, all the legal and criminal responsibility with regard to the comments that are made by the Member belongs to the Member who added the comment. www.farawayclothing.com will accept no legal responsibility because of the comments made and profiles created over the Site by any Member.
6.2. The Member cannot transfer the member profile which is formed for him/her to any other member under any circumstances and cannot allow its use in any way. In the event that the Member transfers the member profile which is formed for him/her to anyone else or brings it into use, the Member accepts and declares that www.farawayclothing.com has the right to unilaterally terminate this agreement without making any notification and to cancel the membership of the Member.
7. THE PRICING
www.farawayclothing.com will declare the prices and the terms of payment (if the pricing is in question) with regard to the Service, Ret Service and the Supplementary Services that are specified within the scope of this Agreement on the related sections of the Site. The amendments with regard to the service prices will be effective 3 (three) days after the amendment is declared and in the event that there is a special offer related to the price, it will be valid until the expiration date of the special offer. Unless otherwise specified on the Site, all the prices that will be received against the supplementary services on the Site will be calculated and collected in Turkish Liras (TL). The members are responsible for making the price payments in compliance with the explanations that are made herein.
9. OTHER PROVISIONS
9.1. Intellectual Property Rights The information that are accessed within the Site and that are provided by the Members legally and the whole elements (including but not limited to the www.farawayclothing.com database, www.farawayclothing.com interface, goods, text, image, html code and the other codes) of this site (altogether will be referred as to the works of www.farawayclothing.com that are subject to the copyright) belongs to www.farawayclothing.com and/or taken under license from a third party by www.farawayclothing.com. The Members does not have the right to resell, process, share, distribute and exhibit the goods, services, information and the works that are subject to the copyright of www.farawayclothing.com. Within the provisions of this Agreement and except for the cases that are allowed by www.farawayclothing.com, the Members cannot reproduce, process and distribute the goods and the works that are subject to the copyright of www.farawayclothing.com or cannot make or prepare the works that are derived from these. Within the provisions of this Agreement and in the cases that are not authorized by www.farawayclothing.com, www.farawayclothing.com keeps all its rights reserved directed to the goods, services, information, works that are subject to the copyright, trademarks, commercial outlook or other properties and information on the Site.
9.2. The Amendments of Agreement www.farawayclothing.com can amend this Agreement at any time deemed appropriate by declaring it on the Site unilaterally and wholly at its own discretion. The amended provisions of this Agreement will be effective on the date they are declared and the rest of the provisions will remain in force and will continue to be effective in terms of their results and influences. This Agreement cannot be amended through the unilateral declaration of the Member.
9.3. Force Majeure In all the cases that are assumed as the force majeure by the law, www.farawayclothing.com is not responsible by virtue of not executing or less or late executing any of the performances which it undertakes through this Agreement. This and the cases such as this will not be assumed as delay, less executing or not executing or default or no indemnity under any name will be demanded from www.farawayclothing.com for these cases. The term force majeure will be interpreted as the events that are inevitable, that www.farawayclothing.com cannot prevent despite showing the due diligence and that is out of the reasonable control of the related party including but not limited to natural disaster, rebellion, war, labor disruption, communication problems, internet and infrastructure breakdowns, restoration and renovation works related to the system and the breakdowns that can occur for this reason, power cut and adverse weather conditions.
9.4. Applicable Law and the Authority On the execution, interpretation and on the governance of the legal relationships arising within this agreement, the Turkish Law will be applicable except for the Turkish rules of conflict of laws in the event that there is the element of foreignness. On the settlement of all kinds of contradictions that can arise from this agreement, the Courts of Istanbul and the Enforcement Offices will be the authority.
9.5. Notification Unless otherwise precisely specified on this Agreement, all the notifications, warnings, requests, consents or approvals and other communications that are allowed or required as per this Agreement will be in electronic form and will be sent to the e-mail addresses that are specified by the parties. The specified e-mail address of the Member is the e-mail address that s/he stated during the registration to the Site. In the event that there is a change on the e-mail address of the Member, s/he will send an e-mail to www.farawayclothing.com stating the new e-mail address and the date from which this new e-mail address will be valid. In the event that this change is not notified, the notification that is made to the previous e-mail address will be assumed to be submitted. However, if any notification that will be made to the Member as per this Agreement is legally required to be made to the residential address of the Member, the address that www.farawayclothing.com specifies on the Site and the address that the member provided while signing up will be assumed as the legal notification address.
9.6. Enforcement This Agreement entered into force by having been mutually accepted upon the Member’s electronic approval.
Financial information collected to invoice you for the products and services you purchase is used for. When you make a purchase on our site third parties (banks, credit card companies, etc.). will be shared information required including credit card number, expiration date, CVV2 Includes all financial information.
All your credit card and personal information is SSL Secure system is encrypted with 128 mbit. In this way, it is not required to it was prevented from seizing in individuals or institutions.
Kredi kartı bilgilerinin siteden bankaya aktarılması ile ilgili güvenlik, bankanın sunduğu maksimum güvenlik ile gerçekleşmektedir. Söz konusu güvenliğin çok sayıda bileşenin yanında, CVV2/CVC2 kodu da çalıntı kart veya kart bilgileri ile alışverişe karşı önlem olarak sitemizde kullanılmaktadır.
You and your credit card will be allocated by any person, institution or organization other than the bank Can not reach. Credit card transaction page card information directly bank It communicates to the POS system and informs the customer of the transaction result. Credit card information is not transmitted by e-mail or similar methods. online credit card information transferred as a result of the transaction cannot be accessed.
Members at any time from "My Account" to "Unsubscribe" by clicking on them.
This hereby Membership Agreement (“Agreement”); between the owner of www.farawayclothing.com and mobile applications, located at: Reşitpaşa Mh. Eskibüyükdere Cad No:14/15 Park Plaza Sarıyer İstanbul (“Sirius Tekstil ve Turizm Anonim Şirketi”) and the website user or member users of mobile applications becoming a member of www.farawayclothing.com and the mobile application (“Platform”) by accepting the conditions below (“Member”); has been drawn up to determine the conditions which need to be met for a Member to benefit from the Services offered by FARAWAY.
The BUYER and the SUPPLIER shall be hereinafter referred to as "Party" individually and "Parties" collectively.
Seller: Refers to the legal person launching or selling a product or service which is subject to electronic trade via a platform.
Buyer: Refers to the legal person who buys or acts with the intention to buy products or services subject to electronic trade via a platform.
Service provider: Refers to real or legal persons operating in electronic trade.
Outsourced Service provider: Refers to real or legal persons who provide the electronic trade environment to allow other persons to carry out economic and commercial trade activities.
My Account Page: Refers to the page specific to the Member which only the Member can access with the user name and password created by them, where, for a Member to benefıt from various applications and Services on the Platform, they can carry out all necessary transactions, where they can enter the personal data and information required for the application.
Services: Refers to the applications implemented by FARAWAY to ensure Members perform the functions and transactions defined in the hereby Membership Agreement.
LPPD: Refers to The Law on Protection of Personal Data no 6698.
Member: Refers to the real persons who have accepted the conditions and privacy statements of the membership agreement found on www.farawayclothing.com and have gained the title of “Member.” User/Visitor: Refers to people who visit www.farawayclothing.com without becoming a member of the website. Guest User: Refers to people who shop from www.farawayclothing.com without becoming a member of the website.
3. RIGHTS AND OBLIGATIONS OF PARTIES
3.1. In order to gain membership status , the user who wishes to become a Member must approve the Membership Agreement found hereby on the Platform, fill out the required areas with correct and up-to-date information, and have their Membership application evaluated and approved by FARAWAY. Users who wish to become a member must be over 18 (eighteen) years of age. Upon completion of the approval process and notification to the Member, the Membership status takes effect and thus, the Member shall have the rights and liabilities indicated in the hereby Membership Agreement and relevant areas of the Platform. Members who do not submit correct and up-to-date information when filling out the Membership Agreement in question, is personally liable for all harm that may occur. The Member always has the right to cancel their membership status by clicking on the “Cancel Membership” button on their My Account Page. Canceling membership does not imply non approval of commercial electronic messages being sent. The Member is required to separately and specifically revoke their approval for electronic message sending.
3.2. In the case of dispute concerning the person to which the rights and liabilities of membership belong and the persons in question submitting a request with FARAWAY in this respect, the person who last made a payment to FARAWAY for any given Service via the relevant Membership account will be accepted as the owner of the Membership account and action will be taken accordingly.
3.3. In the case where a Member wishes to initiate a legal transaction or a purchasing process in relation to the campaigns and/or advertisements displayed on the Platform, they accept and express that they are obliged to fulfill all legal obligations and complete all legal procedures required, including those stated on the Platform, and that FARAWAY shall not be responsible to be aware of or to undertake the obligations and procedures in question.
3.4. The Member, in the distant sales contract to be drawn up with the purchases from FARAWAY via the Platform, accepts and expresses that FARAWAY is the Seller party and they are the Receiving party; they accept and express that FARAWAY, in terms of the abovementioned distant sales contract relationship, is only liable towards them in respect of the Seller’s consumer law and legislation which are applicable , and that they themselves assume full responsibility in respect of all other legislations.
3.5. FARAWAY will have the authority to collect for the products which a Member will purchase from the seller and the Receiver, with the payment they will make to FARAWAY, will be relieved from the obligation of paying the Seller.
3.6. The Member, with regards to the transactions and correspondence they carry out via the Platform, accept and express they will adhere to the provisions in this hereby Membership Agreement, to the applicable legislations and to the code of ethics. The legal and criminal liabilities related to the Member’s actions and transactions within the Platform rest with the Member.
3.7. Pursuant to the applicable legislations, in the event a request submitted by competent authorities, FARAWAY will be able to share the information it has, related to the Member, with the authorities in question.
3.8. In cases of forgery, fraud, misuse of the Platform, and offences which may constitute a crime in terms of the Turkish Criminal Law, personal data obtained from Members during the process of membership via the Platform and/or shopping, may be provided to other Members who may be parties to an offense, limited to the issue in request for parties to exercise their legal rights and limited to this context.
3.9. The user name and password information required by the Member to access the My Account Page and carry out transactions via the Platform is created by the Member; the responsibility regarding the privacy and security of this information shall rest with the Member. The Member accepts and declares in advance that the user name and password creation operations were carried out by them, that the responsibility arising from these transactions shall rest with them, and that they will not raise any plea and/or objection alleging that they did not personally carry out these transactions and/or that they will not abstain from fulfilling their obligations in relation to this plea or objection.
3.10. The Member shall not use the Platform in a manner that is contrary to law and morality, especially in the following cases.
3.10.1. Using the Platform as a database on behalf of any person, to create a recording or directory, to check, update or modify;
3.10.2. Using the Platform to disrupt it completely or partially, to alter it or use it for reverse engineering purposes;
3.10.3. Carrying out transactions with false information or by using another persons information, false or misrepresented residential address, electronic mail address, contact, payment or account details included, incorrect or misrepresented personal data usage for creating fake Membership accounts and the misuse of these accounts in relation to the Membership Agreement or applicable legislations , using another Member’s account without permission, acting as another person or acting as a party or participator with an false name;
3.10.4. The use of comment and rating systems for purposes which are irrelevant to the Platform such as publishing the comments on the Platform in places other than the Platform, or in ways that are irrelevant to its purpose such as using it to manipulate systems;
3.10.5. For a virus or other harmful software to spread throughout the Platform, the Platforms database, any content on the Platform;
3.10.6. For actions which will cause an overload on the technical systems and communications or harm the technical process to take place, for “screen scraping” software or systems to be used on the Platform without FARAWAY’s written consent, such as automatic programs, robots, web crawlers, spiders, data mining and data crawling, and for any content on the Platform, completely or partially, to be copied, published or used.
3.11. The Member is responsible for carrying out transactions on the Platform without causing FARAWAY material and the Platform technical harm under any circumstances. The Member accepts and guarantees that they have taken all necessary precautions to protect the Platform from all kinds of harmful programs, viruses, softwares, unlicensed products, trojans, etc., including using security software and licensed products. The Member, in addition, accepts that they will not enter the My Account Page via robot or automatic access methods.
3.12. Usage of the Platform or its contents contrary to the conditions of use indicated in the hereby Membership Agreement or applicable legislation provisions will be deemed contrary to the law; FARAWAY reserves the right to file lawsuits suits, bring claims and pursuance.
4. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
For more information regarding our use of personal data and your rights in relation to these matters;
To learn how we protect and process your personal data under PDPL;
You will find our Turkish Policy for Privacy and Protection of Personal Data here [Turkish Policy for Privacy and Protection of Personal Data] and you may exercise your rights by sending an e-mail to this address: firstname.lastname@example.org.
5. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights of the “Faraway” brand and logo, “Faraway” mobile application and Platform design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and other content produced by FARAWAY in relation to these, belong to Faraway. Members cannot use, share, distribute, exhibit, copy or reproduce work derived from the property of FARAWAY or its subsidiaries which are subject to intellectual property rights, without written consent. Members cannot use the mobile application or the Platform, in full or partially, in another environment without the written consent of FARAWAY. In the case where a Member or third parties act in breach of the intellectual property rights of FARAWAY, the Member is obliged to compensate for the direct and indirect harm and costs of FARAWAY and/or the third party in question.
6. AMENDMENTS TO THE AGREEMENT
FARAWAY can unilaterally amend all kinds of policy, provision and condition as they see fit, including the Policy for Privacy and Protection of Personal Data by means of announcing via the Platform, provided that they comply with the applicable legislation provisions. Changing provisions in the hereby Membership Agreement will become valid as of the date they are announced on the Platform, remaining provisions will remain valid to generate verdicts and results.
7. FORCE MAJEURE
In the event that insurgency, embargo, government intervention, rebellion, invasion, mobilization, strike, lockout, work actions or strikes, cyber attacks, communication problems, infrastructure and internet breakdowns, system improvement and renewal work and breakdowns that may occur due to these, electricity cuts, fire, explosions, storms, floods, migration, epidemics or other natural disasters or other events which are beyond the control of, which cannot be attributed to FARAWAY and cannot be foreseen (“Force Majeure”) prevent or delay FARAWAY from fulfilling the obligations of the hereby Membership Agreement, FARAWAY cannot be held liable for the prevented or delayed obligations due to Force Majeure and this situation cannot be deemed as a breach of the hereby Membership Agreement.
8. GENERAL PROVISIONS
8.1. Members accept that in the case of a dispute which may arise from the hereby Membership Agreement, FARAWAY’s official books and commercial records and the e-archive records kept in FARAWAY’s database and servers, electronic information and computer records will be considered binding, crucial and exclusive evidence and that this clause will be considered as an evidential contract in terms of the 193rd clause of the Civil Courts Law no.6100.
8.2. The hereby Membership Agreement will be exclusively governed by the Laws of the Republic of Turkey . Istanbul Consumer Arbitration Board and Istanbul (Caglayan) Courts and Enforcement Office shall have jurisdiction over the settlement of all kinds of dispute arising from the hereby Membership Agreement or related to this hereby Membership Agreement
8.3. FARAWAY will contact the Member via the e-mail address, via telephone or by sending an SMS, details of which were provided by the Member during the membership process. The Member is responsible for keeping their e-mail address and telephone number up to date.
8.4. This hereby Membership Agreement constitutes the entire agreement between the Parties relating to the matter. , .Should any provision in this Membership Agreement is declared invalid in part or in full, inapplicable or unreasonable by an authorized court, arbitration commission or administrative authority,this Membership Agreement shall be deemed as severable to the extent of the invalidity, inapplicability or inadvisability in question, and remaining provisions shall continue to be in effect.
8.5. Members cannot completely or partially assign their rights or obligations specified in the hereby Membership Agreement without a prior written consent from FARAWAY.
8.6. Failure to exercise or perform any right granted to it under this Contract by either Party shall not be construed as a waiver of such right or shall not prevent future exercise or performance of such right.
As of the 8th clause onwards, this hereby Membership Agreement, will enter into force as from the moment the Member has read and acknowledged each provision in full and approved it in the electronic environment.
POLICY FOR CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
1. POLICY OBJECTIVE AND SCOPE
The objective of this Policy for Confidentiality and Protection of Personal Data (“POLICY”) is to inform individuals in relation to the processing of personal data of job applicants, suppliers, online and physical visitors, members, customers, shareholders and partners of FARAWAY’s (“Data Supervisor”).
1. Personal Data Collected in Relation to Applicant Group of Individuals
In relation to the group of individuals applying for a job, FARAWAY may process information such as;
Personal background, work experience, educational background, foreign language certificate and other certificates,
Name and surname, address, date of birth, e-mail address, telephone number and other contact details,
Records of information obtained during face to face interviews or via teleconference, video call or telephone,
References or information obtained via research conducted by FARAWAY,
Results of recruitment assessment tools determining skills and personal attributes,
Salary expectations, disabilities and liabilities,
and method of payment. Documents such as a criminal record and health report may also be required.
2. Purposes for Collecting and Processing Personal Data of Applicants
FARAWAY may process an applicant’s personal data based on one or more purposes specified in the section of this POLICY, titled “VII. Personal Data Processing Purposes,” in accordance with the nature of the application.
Evaluating the suitability of the applicant’s qualifications, experience and interest in relation to the vacant position,
Checking the validity of the information submitted by the applicant or contacting third parties for reference check purposes when required,
Contacting applicant concerning the recruitment process or, if suitable, contacting the applicant for any position subsequently opened in the country or abroad,
Meeting the requirements of regulations or those of an authorized body or organization,
Developing and improving the recruitment principles implemented by FARAWAY,
Implementing operations which are required within the context of occupational health and safety.
3. Methods of Collecting and Processing of Personal Data of Applicants
Personal data of applicants may be collected during the recruitment process by employing other methods and tools specified in this POLICY, or with additional methods and tools specified below:
Application form in print or published in an electronic environment,
CVs which have been submitted to FARAWAY by applicants via e-mail, cargo, references and similar methods.
Recruitment or consultancy firms and LinkedIn,
Research carried out by FARAWAY with the aim of confirming the accuracy of information obtained from the applicant during interviews conducted
Via tools such as video conferencing and telephones,
Recruitment tests which determine skills and personal attributes, carried out and analyzed by experienced experts.
FARAWAY processes collected personal data via computer systems and human resources personnel, automatically and manually.
4. Applicant Reference Checks
FARAWAY may carry out reference checks in respect of the applicant. The reference check process is usually carried out by means of confirming the accuracy of the information provided by the applicant. Determining factors that may have been withheld by the applicant and which may have the capacity to cause a threat to FARAWAY will be part of the research conducted.
In the context of the reference check, necessary personal data such as the identification information of third parties and applicants, work and educational backgrounds may be shared. Personal data concerning the applicant may be obtained from third parties.
Applicants may, at all times, contact FARAWAY regarding the reference check process.
5. Applicants’ Rights Related to their Personal Data
Applicants who wish to exercise their rights based on the Law on Protection of Personal Data no 6698 (“LPPD”) may apply to FARAWAY in accordance with the rules and procedures declared in this POLICY.
6. The Personal Data Collected During the Application Process Which will Continue to be Processed in the Instance of Recruitment
All personal data concerning the applicant which has been collected and processed during the application procedure are transferred to their personal file upon the decision to recruit the candidate for the vacant position.
7. Security of Applicants’ Personal Data
With regards to the personal data it processes, FARAWAY does not discriminate amongst data subject groups of individuals (such as applicants, group of individuals, interns). Detailed information regarding the security of personal data is found in the section of this document related to the security of personal data.
3. PRINCIPLES IN RELATION TO PROCESSING OF PERSONAL DATA
1. Processing in Compliance with Law and Principle of Honesty
In the processing of personal data, the principles which are enshrined in legal regulations, and those which are related to general confidence and honesty are being complied with.
2. Ensuring that the Personal Data is Accurate and Up-To-Date when Necessary
Periodical verifications and updates are made so that the data processed are accurate and up-to-date, and the necessary measures are taken accordingly. In this context, systems for controlling the correctness of personal data and making necessary corrections are implemented in FARAWAY. These changes and updates can be made by members on the My Account page at www.farawayclothing.com.
3. Processing for Specific, Clear and Legitimate Purposes
Personal data are processed in accordance with clear, specific and legitimate data processing purposes. The purpose for which the data will be processed is described in detail below.
4. Being related to and Limited to the Purpose of Processing thereof, and Being Measured
In order for the envisaged purpose/purposes to be realized, personal data are processed in a measured manner and which is related to and limited to the purpose, and we abstain from processing the personal data which are not related to achieving the purpose or which are not needed.
5. Preserving for the Period Stipulated in the Relevant Legislation or the Period Required for the Purpose of Processing Thereof
FARAWAY preserves personal data only for the period prescribed in the relevant legislation or the period required for the purpose of processing thereof. In this context , first of all we identify whether a period is stipulated in the relevant legislation for the preservation of personal data, if a period is prescribed , we act in accordance with it , and if no period is prescribed , we preserve the personal data for the period required for the purpose of processing thereof. In case of expiry of such period or in case the reasons requiring them to be processed cease to exist , provided there is no legal reason for allowing them to be processed for longer periods, personal data are deleted, destroyed or anonymized in accordance with FARAWAY’s Policy on Preservation and Destruction of Personal Data.
Preservation periods have been additionally indicated below.
4. TERMS AND CONDITIONS IN RELATION TO PROCESSING OF PERSONAL DATA
Express consent of the relevant person is only one of the conditions that needs to be satisfied according to the law and which makes processing of personal data legally possible. Apart from express consent, personal data may also be processed in case of the existence of one of the below-specified conditions stipulated by the law.
The basis on which personal data processing activity is carried out may be one or more than one of the below-specified conditions specified by the law. In the case where the personal data processed constitute private personal data; conditions listed under the heading “Circumstances Where Private Personal Data May be Processed” will be applied.
Individuals are informed of which personal data are being processed under this hereby POLICY, for which purposes and reasons the personal data are being processed, from which resources the personal data are collected, with whom these personal data will be shared, and how they will be used.
1. Being Explicitly Stipulated by Laws
FARAWAY can process the personal data of individuals without obtaining his/her express consent in cases where processing of personal data is explicitly prescribed by laws For example, pursuant of the Law on Electronic Trade Regulation, personal data to be processed in respect of procedures such as membership to FARAWAY, granting electronic permission for trade, purchase orders, deliveries, cancellation or return of products.
2. Inability to Obtain Express Consent of the Relevant Person Due to Actual Impossibility
Data may be processed without the explicit consent of an individual if it is compulsory to process personal data in order to protect the life or body integrity of the individual or any other person where an individual cannot give his/her consent or whose consent is deemed invalid due to actual impossibility.
3. Direct Relationship with Conclusion or Performance of a Contract
Personal data belonging to the parties of a contract may be processed in case it is necessary, provided that it is directly related to the conclusion or performance of said contract. For example, the personal data provided by the Member in order to complete their FARAWAY membership procedure.
4. Performance by FARAWAY of its Legal Obligation
Individuals’ data may be processed without obtaining explicit consent, where it is compulsory to fulfill legal obligations as a data supervisor. For example, the delivery of an ordered product to a Member or the cost of a product being paid to the seller.
5. Making Public the Personal Data of Individuals
In case individuals’ personal data are made public by themselves, data may be processed without the need to obtain express consent. .For example, personal data shared with the public by a member on the internet via HIS social media account, may be processed provided that it is done in accordance with the will and proportionality.
6. Obligation to Process Data for Establishment or Protection of a Right
In the case where data processing is mandatory in order to establish, exercise or protect a right, data may be processed without obtaining the express consent of the individual. For example, in relation to a complaint issued to the consumer arbitration committee by a Member, entering the transaction and information into this complaint folder.
7. Processing of Data Based on Legitimate Interest
In case the data processing for FARAWAYs legitimate interests is compulsory provided that the fundamental rights and freedoms of the individuals are not infringed, the data may be processed without obtaining the individuals explicit consent. For example, FARAWAY conducting satisfaction surveys in order to ensure Customer satisfaction.
8. Processing of the Employee’s Personal Data Based on Express Consent
Employee personal data shall be processed on the basis of express consent in cases where it can not be processed based on any of the conditions specified in Articles 3.1 to 3.7 above.
5. CIRCUMSTANCES WHERE PRIVATE PERSONAL DATA MAY BE PROCESSED
Part of the personal data are categorized as “private personal data”, and they are subject to a special protection.
1. Processing of Private Personal Data Based on Express Consent
Private personal data may be processed in the event that the individual has given his/her express consent in accordance with the principles specified in this hereby POLICY and by taking the necessary administrative and technical measures.
2. Circumstances Where Private Personal Data may be Processed Without Express Consent
In cases where the individual has not given his/her express consent, in the following cases, private personal data are processed provided that sufficient measures to be determined by the Board of Protection of Personal Data (“Board”) are taken:
1. Private personal data other than the individual’s health condition and sexual life, in cases where stipulated by laws,
2. Private personal data in respect of the health of the individuals and sexual life shall be only available to persons who are bound by the duty of confidentiality or authorized bodies and institutions for the purpose of public health protection, preventive medicine, medical diagnosis, treatment and care services, planning and management of health services and financing.
6. ENLIGHTENING AND INFORMING INDIVIDUALS
During the acquisition of personal data, individuals shall be informed by FARAWAY. In this context , they shall be informed of the identity of the contact person of FARAWAY, the purpose for which personal data will be processed, to whom and for which purposes the data processed may be transferred, method of collecting personal data, and the rights that the employees are lawfully entitled to.
In case individuals request information in relation to their personal data, FARAWAY shall inform them through email@example.com . Physical visitors shall be informed about the video cameras present on FARAWAYs premises . Additionally, there are signs placed at visible points inside the building, which offer brief information. With this hereby Policy, users visiting the FARAWAY web site are informed; those who become Members are informed yet again not only by this hereby Policy, but also with the details presented on the Membership page.
FARAWAY Contact Person: Lawyer Fatih Onur LENGERLİ
7. CATEGORIZATION OF PERSONAL DATA
8. PURPOSE OF PROCESSING OF PERSONAL DATA
1. Processing Conditions
Personal data are processed subject to the following conditions. The conditions are;
In the case that the above conditions are satisfied; FARAWAY seeks to obtain the express consent of the personal data owners in order to process personal data.
2. Processing Purposes
FARAWAY shall process personal data for the following purposes:
Candidate Working Group:
For the Customer Group:
9. TRANSFER OF PERSONAL DATA TO THIRD PERSONS NATIONALLY AND ABROAD
Personal data and private personal data belonging to individuals may be transferred to third persons (third party companies, group companies, real third persons) in accordance with their processing purposes , by taking the necessary security measures.
Transfer of Personal Data
Personal data may be transferred to third parties in the the case where the conditions in LPPD’s Clause 8 and 9 are foreseen.
E-mail and/or telephone number may be shared with third parties abroad for singularization and match-up purposes. Information of anonymous quality about online visitors which are non-member and their website use habits are collected with cookies and can be shared.
2. Third Persons to Whom the Personal Data are Transferred, and Their Purpose of Processing
Your personal data may be transferred to the below-listed individuals:
1. Business partners of FARAWAY,
2. Legally competent public institutions and organizations,
3. Legally competent private jurists.
Scope of the above-specified persons to whom transfer is made, and the purpose of data transfer are specified below.
10. SAFETY OF PERSONAL DATA
To ensure the safety of personal data, reasonable measures are taken which will prevent risks of unauthorized access , accidents and data losses, deliberate deletion of data or damages to data.
To prevent access to personal data by persons other than those who have been granted authorisation to access , all necessary technical and physical measures are taken. .In this context, particularly the authorization system shall be designed in such a way to make it impossible for anyone to access personal data to an extent which is more than required While ensuring safety of private personal data such as health data, measures which are more strict compared to measures related to other personal data are taken.
Authorized persons are subjected to necessary safety checks . In addition, the aforementioned persons are trained in relation to their duties and responsibilities.
Records of access to personal data are kept to the extent permitted by technical opportunities, and these records are reviewed at regular intervals. When an unauthorized access is suspected , an investigation is immediately initiated.
FARAWAY shall comply with the obligations specified below for the purpose of ensuring safety of the data being processed:
11. LEGAL RIGHTS OF INDIVIDUALS AND METHODS FOR EXERCISING THESE RIGHTS
1. Rights Related to Personal Data in the Context of LPPD
Rights which can be exercised by individuals in relation to personal data as stated in LPPD Clause 11, are specified below:
2. Principles in Relation to Exercising Rights in Relation to Personal Data
To exercise their rights relating to personal data, Faraway members may submit their application via e-mail with the e-mail address they have registered into the system during their membership process, to firstname.lastname@example.org . Individuals who are not members can submit their application by using the Use of Personal Data Application Form via www.farawayclothing.com Applications filed in this manner will receive a response within 30 days.
13. EFFECTIVENESS AND UPDATABILITY
This hereby POLICY has entered into force on date of publication. The Policy may be updated for the purpose of adaptation to changing conditions and compliance with the legislation. Information regarding the relevant update will be provided via www.farawayclothing.com
DEFINITIONS STATED IN THE POLICY
Express Consent: Consent in relation to a specific matter, which is based on informing and which is expressed with free will.
Anonymization: Anonymization of personal data is to render it impossible for personal data to be associated in any manner with the identity of a real person who is is identified or identifiable, even if they are matched with other data.
Personal Data Owner: Real persons whose personal data is being processed. For example, Members, Customers...
Personal Data: means any kind of information about an identified or identifiable real person.
Private Personal Data: Data in relation to race, ethnic origin, political opinion, philosophic belief, religion, sect or other beliefs, appearance, membership to associations, foundations or unions, health, sexual life, imprisonment and security measures and biometric and genetic data are private personal data.
Protection: Any transaction carried out with the data, such as obtaining, recording, storage, preservation, alteration, reorganization, disclosure, transfer, takeover, making available , classifying the personal data or blocking its usage by full or partly automatic means, or by non-automatic means provided that they are part of a data entry system.
Data Processor: Real and legal persons who process personal data on behalf of the data supervisor depending on the authorization granted by the data supervisor.
Data Responsible: Real and legal persons who determine the aims and tools with which personal data will be processed , real and legal persons responsible for responsible for the establishment and management of the data record system.
KVKK:means the Law on the Protection of Personal Data No. 6698