(A) HEMEL MEMBERSHIP AGREEMENT

 

1. PARTIES

This Contract is concluded between HEMEL Boya ve Kimya San. A.Ş. residing at IDOSB, Vakum Cad. No:25 Orhanlı-Tuzla/Istanbul ("HEMEL") and the Member ("Member") of www.hemel.com.tr website ("SITE") in the following terms.

2. BEGINNING AND SUBJECT OF THE CONTRACT

After completing the Site's registration process and confirming their email address, Member may start using the Site by entering their email address and password subject to complying with terms under the Contract.

If the Contract is concluded on behalf of a legal entity, the person signing the Contract accepts, declares, and undertakes that they are authorized to carry out such action on behalf of the legal entity; otherwise, if any unauthorized activity is carried out, they shall be responsible for all consequences of any further action.

As the date member starts using services, they shall be assumed to have accepted all terms of the Contract and the binding nature of such conditions. HEMEL reserves the right to change the below-stated terms, upon its discretion, when required by regulation or this Contract or by getting confirmation from the Member via email.

HEMEL reserves the right to change the below-stated terms, upon its discretion, when required by regulation or this Contract or by getting confirmation from the Member via email.

3. RIGHTS AND LIABILITIES OF THE MEMBER

3.1 The SITE is public, and the services provided are free of charge

3.2 Member accepts, declares, and undertakes that when using the Site, they shall comply with all terms of the Contract and rules stated at relevant sections of the Site.

3.3 The Member agrees and undertakes not to share any personal information related to the membership with third parties. Otherwise, Member accepts, declares, and is obliged to cover all damages caused by this reason without any prior notice. The Member accepts, claims, and undertakes that he will not share his password with third parties. The Member accepts, declares, and undertakes that he knows that he owns the usage rights with this Contract and cannot be transferred to others. Otherwise, the Member shall be held responsible for using such information by third parties and any damages.

3.4 When the Member is benefiting from services provided on the Site, they accept to comply with the Code of Obligations, Turkish Criminal Code, Turkish Commercial Code, Code of Intellectual and Artistic Works, Law on Protection of Brand and Patent Rights, the Law on the Protection of Personal Data Statutory Decrees and other relevant provisions of regulation and all kinds of the announcement and notices to be published by HEMEL. Member shall bear all legal, criminal, and financial responsibilities arising from use contrary to such opinions and laws.

3.5 Member shall indemnify all losses of HEMEL arising from their actions contrary to any liabilities undertaken with this Contract; HEMEL has the right of recourse to Member for all indemnifications, administrative/judicial fines which HEMEL shall be obligated to pay to public institutions, and third parties due to actions of the Member contrary to the Contract.

3.6 Member cannot carry out any activity that will prevent or complicate the use of the Site by other members and visitors; cannot load servers or databases to automatic programs and lock such and cannot make any attempts to mislead data; otherwise, they accept that their membership will be terminated and that they shall undertake all legal and criminal liability arising from such condition.

3.7 Copying correspondences with HEMEL is under the person's responsibility and is recommended by HEMEL. HEMEL cannot be held responsible for the loss and deletion of correspondences due to not making a copy.           

3.8 HEMEL can keep any record regarding the membership account terminated by HEMEL or Member, subject to the provisions provided in the Law on the Protection of Personal Data; however, HEMEL is free to delete the relevant records after the termination of the membership. Member cannot claim any right or indemnification for any records removed. However, the Member reserves the right to be informed of personal information about themself. The relevant right may be exercised per the provisions of Article 5 below.

3.9   Member declares and undertakes that personal and other information submitted when registering the Site or when shopping is accurate and up to date. It shall indemnify at once all losses incurred by HEMEL if such information is not reliable and up to date.      

3.10 Members shall undertake all risks about links (links to different internet sites) on the Site, which are provided to give information and assist visitors.

3.11 Visual and textual content provided on the Site is for personal use. All rights of texts, graphics, photos, videos, animations, and audio on the Site are reserved unless otherwise stated. These cannot be used for commercial or personal purposes without permission or stating the source. Publishing any element on the Site or adding any link without HEMEL's consent is prohibited.

3.12 Members cannot use any HEMEL work on Site, which is subject to copyrights, and cannot resell, share, distribute, demonstrate, copy, process such, and not prepare any derivatives. Otherwise, the Member shall be responsible for all losses incurred by HEMEL.

3.13 It is prohibited to copy or use software that HEMEL holds all rights to, which is used to design web pages and create a database.

3.14 if a member wishes to unsubscribe from e-bulletin at any period, he will be entitled to easily unsubscribe by clicking on the "Please click if you do not wish to receive news from us" link under e-bulletins.

3.15 If the Member wishes to be informed by email and SMS, they accept and declare that they can participate in the survey conducted by HEMEL per the relevant legislative requirements.

4. RIGHTS AND LIABILITIES OF HEMEL

4.1. Along with its rights arising from laws, HEMEL is entitled to cancel any transaction, stop the use of Site by Member, terminate the membership of the Member, and unilaterally and immediately terminate this Contract in the following cases:

(4.1.1) If any wrong, irregular, incomplete, and misleading information or any information containing expressions that do not comply with general ethics and any information not complying with Turkish Republic laws are recorded on the Site;

(4.1.2) If works and data on the Site are partially or fully copied and used or any attempt is made to handle such;

(4.1.3) If any software is used or any action is taken, or efforts are made to carry out activities, and if any information is received, deleted, and changed, which will be a threat to the general security of the Site and which will prevent operation of Site and Software used;

(4.1.4) If HEMEL determines that Member harms HEMEL by taking advantage of HEMEL's campaigns, sale system, or any gap on Site (technical, etc.), benefits from an unfair advantage, misuses the sale system or Site by recursive applications,

(4.1.5) If Member acts violate terms under the Contract and rules specified on relevant sections of the Site and applicable regulations when using the Site or shopping.

4.2 During the Site's use, HEMEL shall comply with the privacy policy stated under the Contract. Along with this, HEMEL is responsible for storing the Member information required.

4.3 HEMEL cannot use such data for any commercial purposes other than its operations. This provision will not prevent the Contract from being transferred to third parties.

4.4 Within the scope of the above-stated objectives, cookies are used on our website and stored on Members' computers during their visit. Such data are industry-standard files available on all shopping sites, making the shopping process more efficient and secure.

If you do not wish to use these files or want to be informed about the use of such files, you may make necessary changes to your web browser.

4.5 Furthermore, when a Member uses a credit card to pay for products purchased on the Site, they accept that credit card number, the expiry date of the credit card, CVV2 code, and similar information may need to be shared with the financial institutions to realize the transaction.

4.6 HEMEL has the right to use all membership-related information for its marketing activities, during or even after this contract period, and following this Contract and applicable legal regulations, including the Law on the Protection of Personal Data.

4.7 HEMEL undertakes that Member shall benefit from services under the Contract at all times other than any technical failure conditions and that it shall not share any information disclosed by the Member with third parties other than the circumstances where the sharing of information is required for the fulfillment of the above purposes and as required in the scope of legal obligations.

 

5. DURATION AND VALIDITY OF THE CONTRACT

5.1 As the date Member completes the registration process and confirms their email address or receives any service or gives any using this system, they will be considered as having undertaken to comply with this Contract. The Contract shall automatically become invalid without any need to send further Notice upon the termination of membership or if any termination condition stated under the Contract occurs.

5.2 Member accepts in advance that, upon request of HEMEL, their Site membership and this Membership Contract may be terminated by sending a notice to the Member.

5.3 Members may cancel their membership and delete their accounts by emailing cs@hemel.com.tr. The Member who terminates their membership shall lose his rights. 

If a member wishes to unsubscribe from e-bulletin at any time, they can easily unsubscribe by clicking on the "Please click if you do not wish to receive news from us" link under e-bulletins.

5.4 HEMEL may amend this Contract several times to ensure continuity of services. HEMEL is entitled to temporarily or continuously timeously suspend services rendered individually or change or cancel the service's content, including prices published on the Site, on the condition that the Site's final objective and services remain mostly the same. If necessary, HEMEL shall publish updated membership terms on the Site under the same link with the date update and inform the Member by email. Updated membership terms shall become valid as of the date published on the Site, and as of this date, such new membership terms shall be binding to the Site or services.

5.5 On specific sections of the Site, different rules and liabilities relevant to such an article can be stated. Members using such articles shall be assumed to have read and accepted applicable laws.

5.6 Member irrevocably accepts, declares, and undertakes that HEMEL may assign the Contract to third parties. It gives prior permission for the assignment of this Contract according to Article 205 of the Code of Obligations.

6. GENERAL PROVISIONS

6.1 Validity, interpretation, and execution of this Contract are subject to Turkish Republic laws. Istanbul Central Courts and Execution Offices shall be the competent authority to settle any disputes arising under and concerning this Contract.

6.2 Email address presented to HEMEL by Member shall be considered a legal notification address for all kinds of notices to be sent regarding the Contract.

6.3 Parties accept that unless they inform each other of any changes in their current email addresses within 3 (three) days, notices sent to their previous email address shall be considered sent and valid.

6.4 All notices sent using a registered email address of the Member shall be deemed to be received by Member 1 (one) day after HEMEL sends the email.

7. MEMBER ACCEPTANCE AND APPROVAL STATEMENT

Member declares, accepts, and undertakes that they have read, understood, and agreed on all articles of this Contract and that all information submitted is correct. 

 

(B) PRIVACY POLICY FOR PERSONAL DATA PROTECTION

INTRODUCTION

We, HEMEL Emprenye Sanayi ve Tic. A.Ş. (from now on referred to as "HEMEL"), pay particular attention to respect for the privacy of visitors and users of our website (from now on referred to as "SITE"). We are aware of how important your privacy is to you. Therefore, our Privacy Policy aims to provide you with the necessary information about the purposes for which your data may be processed and with whom HEMEL may share it. If you transmit your data to HEMEL through HEMEL Communication Channels or other communications and resellers, such data will be used per our Privacy Policy.

However, you may visit the SITE without providing personal data.

To better respond to your needs, such as making a correspondence, processing a request, ordering fast and efficiently, etc. HEMEL may request you provide personal data to save time by repeatedly entering the same information. HEMEL will only use this information to provide information about your orders, products, and campaigns.

By purchasing or using the products or services offered by HEMEL through any sales or communication channel, you will be deemed to have accepted the terms stated in our Privacy Policy, valid at the time of the transaction.

COLLECTION OF PERSONAL DATA

HEMEL may collect the following personal data on your explicit consent or where permitted by applicable legal regulations:

• -Your name, surname, address, telephone, email address and other contact information, ID number
• -Your information about billing and payment instruments,
• -Your product order and usage information,
• -Information you have provided to our employees in the context of your requests and complaints regarding products and services,
• -Information about your use of our SITE, mobile applications, and other communication and service channels,
• -Your preferences or past experiences regarding products or service
  
  

We collect personal data from the data subject categories below concerning the services we provide and within the scope of our operations. In each case, we process the personal data in compliance with the Data Protection Law requirements and for the purposes set out in this Notice on the Law on the Protection of Personal Data.

Online Visitor	IP Address
Online Guest Customer	Identification (Name/Surname) Contact Details (email, mobile phone, invoice & delivery addresses) Shopping information (shopping date, time, quantity, content, form of payment, invoice information, etc.) Financial information (credit or debit card information is transferred to the relevant payment institution without being recorded by HEMEL) IP Address and Log entries for shopping
Online Subscribed Customer	Identification (Name/Surname) Password Contact Details (email, mobile phone, invoice & delivery addresses) Your address information (if you save your address information for future orders as well) Log records regarding the use of the Site Location (if you choose to share your location data from the website) Shopping information (shopping date, time, quantity, content, form of payment, invoice information, etc.)
Requests & Complaints	Identification (Name/Surname) Contact Details (email, mobile phone) Call center audio recording Any information regarding the request and complaint
Commercial communication approvals without site members	Identification (Name/Surname) Contact Details (email, mobile phone)

HEMEL will collect the above-mentioned personal data only for precise, clear, and legal purposes and will not process this data incompatible with these purposes later.

HEMEL undertakes to process sufficient, appropriate, and non-excessive personal data only for the purposes they are collected. HEMEL will take all practical measures to ensure that the personal data processed are correct and updated as necessary.

HEMEL takes all necessary precautions to keep personal information private and confidential and considers it an obligation to keep confidential and to ensure and maintain confidentiality to prevent all or any part of the confidential information from entering the public domain or unauthorized use or disclosure to a third party. Despite taking the necessary information security measures, HEMEL will not be responsible if the confidential information is damaged due to the attacks on the SITE and the system or if it gets into the hands of third parties.

USE OF DATA COLLECTED ON THE SITE

HEMEL may collect personal data on your explicit consent or where permitted by applicable legal regulations:

• -To manage your orders
• -To perform and follow your transactions,
• -To provide you with special offers or services
• -To participate in interactive aspects of the SITE,
• -To communicate with you to develop business relationships,
• -To create a database, listing, reporting, verification, analysis, and evaluations, producing statistical information, performing segmentation, user profile, singularization, data enrichment activities for visitor experience, and sharing them with third parties under confidential conditions.
• -To analyze how you use our SITE, mobile applications, and other communication and sales channels and to make our communication channels unique to you for better service,
• -To investigate and improve our products and services and your personal choices regarding them,
• -To provide information and transaction security and prevent malicious us
• -To fulfill the legal obligations or demands of the authorized administrative institutions.

ADDRESSEE OF PERSONAL DATA

The addressees of your data are limited only to authorized employees.

Hemel may be required to share your data with the suppliers or service providers to whom your request is processed. Suppliers or service providers are under Contract to comply with the confidentiality and security of the data they may receive and to use such data only according to the needs of the task entrusted to them.

HEMEL also undertakes not to sell, rent, or entrust your data to third parties without your consent, except in the above cases.

RIGHTS OF THE PERSONAL DATA OWNER

Our users have the following rights by contacting the data responder under the Personal Data Protection Act No. 6698:

• -To learn whether personal data is processed,
• -To determine the purpose of personal processing data and whether it is used per its purpose,
• -To know the third parties to whom personal data are transferred domestically or abroad,
• -To request correction of personal data if it is incomplete or incorrectly processed,
• -To request the deletion or destruction of personal data within the framework of the conditions stipulated in the relevant legislation,
• -To ask for the correction, removal, and disposal of the transactions made per the applicable Law to be notified to the third parties to whom the personal data are transferred,
• -To object to the emergence of a result against the person by analyzing the processed data exclusively through automated systems,
• -Claim to recover damages if personal data is damaged due to illegal processing,

HEMEL may perform its reasoned, positive/negative response through written or digital channels per the abovementioned requests. It may be possible to charge a fee on the tariff determined according to Article 13 of the Personal Data Protection Law No. 6698 regarding the request's scope.

APPLICATION TO DATA PRINCIPAL

In this context, your written requests should be signed and sent to İstanbul Deri Organize Sanayi Bölgesi Vakum Cad. No: 25 B1, 34957 Tuzla / İstanbul,  or our registered email address mh@hemel.com.tr.

To ensure the application is finalized and the results are communicated to you by HEMEL, the applicant data owner must share the information below.

• -Name and surname
• -Identification number
• -Address
• -Mobile phone
• -Email address
• -Scope of demand
• -Contact Address Preference
• -Application date
• -Signature

DATA SECURITY

HEMEL has implemented protection measures to ensure the confidentiality, security, and integrity of personal data that concern you. Access to personal data is restricted to salaried employees who need to know this information and are created per privacy rules.

In the presence of a shopping SITE, the collection of credit card information will always occur within the framework of reliable and legitimate security methods of payments. These measures will consist of SSL encryption (to make the data unreadable by others) during the collection or transfer of confidential data. This information will only be used for online payment and not stored.

HEMEL cares that your data is not corrupted or damaged and that unauthorized third parties cannot access it.

MINORS

It is not intended for minors who are under the age of eighteen (18). If you are a minor, we invite you not to provide personal information without your parents' consent.

DIRECT CONNECTION TO THE SITES OF THIRD PARTIES

The SITE may contain direct links to the sites of third parties. HEMEL does not control these sites and, therefore, cannot be held responsible for their execution regarding their privacy or content. For this reason, we invite you to learn about these sites' policies about data protection before using or providing personal data.

COOKIE POLICY

A cookie is a text file that stores some information for a limited time while visiting the SITE.

Our cookie policy also includes information about how HEMEL manages cookies and what type of information is stored.

CONSENT TO EXISTING EXECUTION

By using this SITE, you accept these terms. Please do not use this SITE and do not provide any personal data if you do not accept these terms.

CHANGES

This policy is updated periodically. Any changes made will be published here. Changes will be effective from the date of publication. Please visit this page regularly.

DISPUTES

Any litigation regarding our Privacy Policy is subject to the Republic of Turkey laws, and the resolution of disputes in Istanbul-Caglayan Courts and execution offices is authorized.