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TERMS OF USE

MEMBERSHIP AGREEMENT

1. PARTIES

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.

2. DEFINITIONS

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

Policy for Privacy and Protection of Personal Data: Refers to the text which can be accessed via the www.farawayclothing.com platform and which constitutes the general privacy policy related to FARAWAY’s personal data and use of cookies, including in the forms in which and purposes for which FARAWAY will use these personal data submitted by Members via the Platform.

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 person's 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 Platform's 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

“FARAWAY is subject to both the PDPL (Turkish Personal Data Protection Law no. 6698) and the EU General Data Protection Regulation 2016/679 (“GDPR”), in relation to processing personal data obtained from Members. FARAWAY collects, uses, transmits and processes personal data provided by Members, pursuant to the Turkish Policy for Privacy and Protection of Personal Data, GDPR Privacy Policy and this Agreement found on the platform www.farawayclothing.com. The Turkish Policy for Privacy and Protection of Personal Data and GDPR Privacy Policy are both part of this Membership Agreement.

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: info@farawayclothing.com .

Also;

If you are located in a member state of the European Union, to learn how we protect and process your personal data under GDPR; You will find our GDPR Privacy Policy here [GDPR Privacy Policy] and you may exercise your rights by sending an e-mail to our Data Protection Officer at info@farawayclothing.com . The e-mail address you use to contact us must be the e-mail address you submitted during your Faraway membership process. Requests received from other e-mail addresses will not be responded to unless you are able to prove to our reasonable satisfaction that you are in fact a Member.”

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.

Privacy Policy

FARAWAY

POLICY FOR CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

    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”).

    APPLICANTS
    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.

    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.
    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.

    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.

    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.

    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.

    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.

    PRINCIPLES IN RELATION TO PROCESSING OF PERSONAL DATA
    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 .

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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.

    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 .

    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.

    Processing of Data Based on Legitimate Interest

In case the data processing for FARAWAY's 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 individual's explicit consent. For example, FARAWAY conducting satisfaction surveys in order to ensure Customer satisfaction.

    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.

    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.

    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.

    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:

    Private personal data other than the individual’s health condition and sexual life, in cases where stipulated by laws,
  1. 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.
    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 info@farawayclothing.com  . Physical visitors shall be informed about the video cameras present on FARAWAY's 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

info@farawayclothing.com

    CATEGORIZATION OF PERSONAL DATA

Within the scope of this policy, FARAWAY processes the data of individuals in the below-specified categories:

  • Credentials
  • Contact Details
  • Location Data
  • Information on Family Members and Kith and Kin
  • Physical Space Security Information
  • Financial Information
  • Personal Information
  • Candidate Employee Information
  • Individuals Processing Information
  • Legal Transactions and Compliance Information
  • Private Personal Data
  • Information on Complaint Management
    PURPOSE OF PROCESSING OF PERSONAL DATA
    Processing Conditions

Personal data are processed subject to the following conditions. The conditions are;

  • The relevant activity in relation to the processing of your personal data is explicitly stipulated by laws,
  • The processing of your personal data by FARAWAY is directly related to and necessary for the conclusion or performance of a contract,
  • The processing of personal data is mandatory for the fulfillment of FARAWAY’s legal obligation,
  • Provided that the personal data has been shared with public by the individuals; to be processed by FARAWAY in a proportional manner for the purpose of publicity .
  • Processing by FARAWAY of personal data is mandatory for the establishment, exercise or protection of rights of FARAWAY or its individuals or third persons,
  • Provided that the fundamental rights and freedoms of individuals are not infringed , the processing personal data is obligatory in order to uphold the legitimate interests of FARAWAY,
  • The processing of personal data by FARAWAY is mandatory for the preservation of the life and physical integrity of the data owner or another person, and in such a case where the owner of personal data is in a position where he /she cannot give his/her consent due to an actual impossibility or legal invalidity.

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.

    Processing Purposes

FARAWAY shall process personal data for the following purposes:

Candidate Working Group:

  • Ensuring completion and implementation of human resources policies and processes ,
  • Planning the selection and evaluation procedures of candidate worker’s applications,
  • Implementing required operations within the framework of occupational health and safety regulations,
  • The communication activities necessary for the placement of the working candidate,
  • Internship recruitment, placing and planning of operational processes.
  • For intern lawyers; To fulfill the legal requirements within the scope of professional solidarity under the Legal Profession Act.

For the Customer Group:

  • Fulfilling the legal requirements stipulated in the law on electronic trade and the Turkish code of commerce.
  • Planning activities focusing on customer satisfaction and/or experience.
  • Legal, regulatory and company management legislations and ensuring compliance with correct application.
  • Preparation of product to be delivered in accordance with the customer’s order and providing assurance that delivery shall be made e within guaranteed time frame.
  • In cases of cancellation and returns, relaying information to relevant department to ensure that the customer is reimbursed as soon as possible.
  • .Establishing and implementing processes for ensuring the security of information.
  • For the risk to be reduced to an acceptable level.
  • Risk Management.
  • Forming Access Authorization and Control Matrix.
  • Identifying Data Transfer techniques.
  • Creating data preservation processes and procedures
  • Identification and implementation of remote access procedures an processes
  • Use of results derived from the sharing of anonymous data within the framework of customer CRM applications in decision support systems.
  • Correct targets within the scope of campaign planning, feasibility studies and CRM.
  • Invoicing and regular pursuance.
  • Fulfilling company obligations.
  • Data collection to form a customer portfolio.
  • Data collection to bring a product which is not in stock for customers.
  • Data collection to be able to provide tailoring services to customers.

For Online Visitors:

  • Requirement of adherence to legislative regulations.
  • Logging of online visitors and user’s system actions.
    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.

    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 :

    Business partners of FARAWAY,
  1. Legally competent public institutions and organizations,
  2. Legally competent private jurists.

Scope of the above-specified persons to whom transfer is made, and the purpose of data transfer are specified below.

    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:

  • Acting lawfully and honestly regarding the matters related to the protection of personal data,
  • Processing the personal data accurately and in full,
  • Carrying out the necessary practices for the purpose of updating the personal data which are outdated.
  • When he/she notices any contradiction with the law in relation to processing of personal data, it shall inform the relevant manager,
  • Making necessary referrals for the exercise of legal rights related to personal data,
    LEGAL RIGHTS OF INDIVIDUALS AND METHODS FOR EXERCISING THESE RIGHTS
    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:

    Learn whether or not personal data have been processed,
  1. Request information on the procedure, if personal data have been processed,
  2. Obtain information on the purpose of processing personal data and find out whether personal data were used as fit for the purpose,
  3. Obtain information about the third persons to whom personal data were communicated domestically or abroad,
  4. Request the correction of personal data that may have been incompletely or inaccurately processed,
  5. Request the deletion or destruction of personal data within the provisions set forth in applicable legislation,
  6. Request that the third parties to whom personal data are transferred are informed about the transaction carried out pursuant to sub-paragraphs (d) and (e),
  7. Object to an outcome which is detrimental to the concerned as a result of the analysis of the processed data exclusively through automatic systems,
  8. Request compensation for damages in the case that damages are sustained as a result of the illegal processing of personal data..
    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 info@farawayclothing.com . 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 

ANNEX-1

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.

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



Remote Sales Agreement
Article 1 – Parties To The Agreement
1.1 - Seller

Title

:

Sirius Tekstil ve Turizm Anonim Şirketi

Address

:

Reşitpaşa Mh. Eskibüyükdere Cad No:14/15 Park Plaza Sarıyer İstanbul

Phone

:

0 212 252 55 59

Email

:

info@farawayclothing.com



1.2 - Buyer

Name / Surname

:

Address

:

Phone

:

Email

:



Article 2 – Subject Of The Agreement

The subject of this Agreement consists of setting forth and determining the respective rights and obligations of the Parties with respect to the sales and delivery of the goods/services ordered by the Buyer from over the web site www.farawayclothing.com belonging to the Seller on the electronic media, with characteristics referred to in the Agreement and the selling price specified in the Agreement as well, pursuant to Law Number 4077 About Protection Of Consumers and Remote Agreements Application Methods and Principles. The Buyer agrees to and acknowledges under the provisions of this Agreement that it is informed about the basic specifications, selling price, form of payment, terms of delivery, etc. with respect to the goods/services subject matter of the sales, any and all kinds of preliminary data regarding the goods /services that constitute subject matter of the sales, as well as about the right to “withdrawal”, that it has confirmed the aforesaid data on electronic media, and thereafter placed an order for such goods/services. Preliminary notification and the invoice appearing on the web site www.farawayclothing.com, are integral parts of this Agreement. 

Ürün Açıklaması

Adet

Peşin Fiyatı

Vadeli Fiyatı

Ara Toplam
(KDV Dahil)

Toplam :

Ödeme Şekli ve Planı

:

Teslimat Adresi

:

Teslim Edilecek Kişi

:

Fatura Adresi

:


Article 3 – Delivery Expenses and Execution Thereof

Delivery expenses are on account of the Buyer. If the Seller has announced on its web site that the delivery charge for those making shopping in excess of the amount announced are to be borne by itself or free of charge deliveries shall be made under the campaign, then any delivery expense is on account of the Seller. Delivery is made within shortest possible notice if there are available stocks and following the price with respect to the commodities are credited to the account of the Seller. The Seller delivers the goods/services within 30 (thirty) days from the date of ordering of the same, and within such term keeps reserved its right to extend the aforesaid duration for additional 10 (ten) days by serving a notice in writing to that effect. If the charge for the goods/services is failed to be paid for any reason whatsoever or deleted from the bank entries, the Seller is deemed as having been released from its obligation for delivery of the goods/services.

Article 5 – Presentations and Warranties Of The Buyer

The Buyer shall inspect the goods/services that constitute subject matter of the Agreement prior to taking on delivery of the same; it shall not be taking on delivery of crushed, broken, package torn, and such similar damaged and defective goods/services from the cargo company. It shall be so deemed that any goods/services taken on delivery are without damage and in good operating order. Obligation to keep and maintain the goods/services diligently after delivery of the same is on part and account of the Buyer. If the right to withdrawal is to be exercised, then the goods/services should not be used. The invoice is required to be returned. In the event after the delivery of such goods/services, the relevant bank or finance entity refrains from paying the charge for the goods/services to the Buyer on grounds of usage of the credit card belonging to the Buyer by unauthorized parties in a manner that is not arising from any fault on part of the Buyer, the Buyer is obliged to send the goods/services to the Seller within 3 (Three) days, provided they were already delivered to its side. Whenever the case is as such, delivery costs are on account of the Buyer.

Article 6 – Presentations and Warranties Of The Seller

The Seller is responsible from delivery of the goods/services that constitute subject matter of the Agreement in perfect and full operating condition, in compliance with the specifications indicated on the order, and together with its warranty certificates as well as instructions for use, if any. If the goods/services that constitute subject matter of the Agreement are to be delivered to any person/entity other than the Buyer, then the Buyer is not to be held responsible from the person/entity to be delivered to declining from accepting the delivery. The BUYER must return the product complete in 10 (ten) days from the date he notify the withdrawal to the SELLER. On justifiable causes, the Seller is entitled to supply these to the Buyer at an equivalent price and quality before the term for execution under the Agreement expires. If the Seller considers that the execution of the goods/services is rendered impossible, then it notifies the Buyer before expiry of the term for execution. Any charge paid as well as documents, if any, are returned within 14 (fourteen) days. From amongst those goods/services that are included or otherwise in goods/services sold with guarantee certificates, goods/services that are defective might possibly be sent to the Seller for making of the necessary repair operations within conditions under guarantee; whenever the case is as such, delivery expenses shall be covered by the Seller.

Article 7 – Characteristics Of The Goods Or Services That Constitute Subject Matter Of The Agreement

Type and sort, quantity, brand/model, color and selling price inclusive of any and all taxes of the goods/services are as specified in the particulars contained in the identification page for such goods/services on the web site titled www.farawayclothing.com, and as indicated on the invoice that is deemed an integral part of this Agreement.

Article 8 – Price In Cash Of The Goods And Services

Cash price of the goods/services is included in the contents of such sample invoice sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.

Article 9 – Time Price

The price of the goods/services in accordance with the term granted for the selling price of the goods/services is included in the contents of such sample invoice sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.

Article 10 – Interest

It is not to be higher than the interest rate set forth every year by the Government of the Republic of Turkey, and in any case no more than 30%.The Buyer is responsible towards the bank it is working with.

Article 11 – Amount Of Advance Payment

Amount of advance payment with respect to the goods/services is included in the contents of such sample invoice sent via mail at the end of the order placement and the actual invoice forwarded to the Customer together with the product.

Article 12 – Payment Plan

In the event the Buyer prefers shopping by credit card or on installments, then the pattern of installments it has selected from over the site is duly applicable. In operations with respect to setting forth of the installations, relevant provisions of the agreement made and entered into by and between the Buyer and the Bank that is proprietor of the card are duly applicable. Credit card payment date is set forth pursuant to the provisions of the agreement made and entered by and between the bank and the Buyer. The Buyer is further entitled to follow-up the number of its installments as well as relevant payments from the account statement sent by the Bank.

Article 13 – Right To Withdraw

The Buyer is entitled to use its right with respect to withdrawal, within 14 (fourteen) days from the date of delivery of the goods/services either to itself in person or to such person/entity at the address advised to that effect. For being entitled to use the right of withdrawal, it is mandatory that within the same period as aforesaid, the Seller should notify the customer services via e-mail or on the telephone and goods/services are not used under provisions of Article 15 and such preliminary data published on the web site titled www.farawayclothing.com, which is an integral part of this Agreement. In the event any such right is used, it is compulsory that the original of the invoice pertaining to the goods/services delivered to the 3rd party or to the Buyer in person is required to be returned. Charge with respect to the goods/services is returned to the Buyer within 14 (fourteen) days following arrival of the notice pertaining to the right of withdrawal, and the goods/services are taken delivery in return within a term of 14 (fourteen) days. If the original of the invoice is not forwarded, VAT and other legal obligations, if any, are not possibly returned to the Buyer. Cost for delivery of such goods/services returned on grounds of the right of withdrawal is covered by the Seller.

Article 14 – Goods And Services For Which Right Of Withdrawal Is Not Applicable

These consist of goods/services that are not returnable in consideration of their nature, goods/services which rapidly deteriorate and dates of expiry passing, goods/services for single use, hygienic goods/services, goods/services for daily use, any and all software and programs which are reproducible. Further, for possibly using the right of withdrawal regarding any and all kinds of software and programs, various media (Dvd,Cd, and such similar), computer and stationery consumables (toners, cartridges, ribbons, and such similar) as well as cosmetic materials, it is a prerequisite that the packing of such goods/services are not opened, damaged and used.

Article 15 – Events of Default and Its Legal Consequences

In the event the Buyer is at default in the transactions made by credit card, it shall be paying interest within scope of the credit card agreement it has made and entered into with the bank, and be held responsible towards the bank. Under these circumstances, the relevant bank is entitled to seek recourse in legal channels; might claim from the Buyer any expenses to arise as well as the Attorneys’ Fees, and in any case, if the Buyer is in default on grounds of its debts, the Buyer agrees to pay the loss and damage suffered by the Seller due to delayed execution of the debt.

Article 16 – Competent Court

In settlement of any disputes that might arise from this Agreement, Consumer Arbitration Committees have competent jurisdiction up to such value announced by the Ministry of Industry and Commerce, Consumer Courts for values over the specified amount, and at places where these are not available, Civil Courts of First Instance are competent.