Terms Of Use

MEMBERSHIP AGREEMENT

1. PARTIES

This membership agreement (the”agreement”); www.modanatty.com and the owner of mobile device applications and Ahmadiya mAh. People Cad. No:37 offers Business Center Asma Kat no:20-31 Üsküdar/Istanbul MODANATTY Elektronik Ticaret ve tic. A.S. ( “Natty fashion”); www.modanatty.com and mobile applications (“platform”) by agreeing to the following terms, the user of the website or member that is a member of the established practice to the mobile device user ( “Member” ) between the member’s natty fashion ’s concluded for determination of the conditions for the services it offers to benefit from.

<URL> and the member shall be separately referred to in this membership agreement as “parties” together.

2. Definitions

Seller: refers to the legal person who offers or sells goods or services subject to electronic commerce through the platform.

The term “electronic signature” means an electronic data message or electronic document that is used to identify, formulate, and / or authenticate electronic data messages.

Service provider: refers to real or legal persons engaged in electronic commerce activities.

Electronic commerce service provider: refers to real or legal persons who provide electronic commerce environment in order to carry out the economic and commercial activities of others.

Privacy and Personal Data Protection Policy: to regulate the privacy policy of <url> regarding the use of personal data and cookies, including for what purposes and how it will be used by <URL> on the platform of the personal data communicated by members, and wwww.modanatty.com refers to the text that can be accessed through the platform.

“My Account” page: it refers to the special page of the member where the member can take the necessary actions in order to benefit from the various applications and services on the platform, enters personal data and the information requested from him on application basis and can only be accessed by the user name and password specified by the related member.

Services: refers to the practices set forth by MODANTY in order to enable the members to perform the works and transactions defined in this membership agreement.

KVKK: refers to the protection of personal data Act No. 6698.

Member: www.modanatty.com “member” means real persons who accept the membership agreement, terms of Use and privacy notices on the page of the “member”.

User/visitor: www.modanatty.com refers to people who visit the site without being members of the site.

Guest user: www.modanatty.com refers to people who shop without a member of the site using the page.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. In order to obtain the membership status, the user who wishes to become a member must ratify this membership agreement on the platform and fill in the requested information with accurate and up-to-date information and the membership application should be evaluated by modanatty and approved. The user who wishes to become a member must be 18 (eighteen) years old. The membership status starts with the completion of the approval process and the member is notified to the member and thus the member has the rights and obligations set forth in this Membership Agreement and in the relevant parts of the platform. Member who does not provide accurate and up-to-date information while completing the said membership agreement, is responsible for all damages that may arise for this reason. The member has the right to terminate membership status at any time by clicking the “Cancel Membership” button which is accessible from My Account page. The termination of the membership does not mean the cancellation of the approval given for the sending of commercial electronic messages. The member is also required to withdraw his / her e-mail confirmation, in particular.

3.2. In the event that a dispute exists between the member and the member regarding the member’s rights and obligations, and if such person makes a request from <url>, the member shall be deemed to be the owner of the membership account of the last person to pay <url> for any service by using the relevant membership account.

3.3. If the member wishes to initiate any legal action or purchase process relating to the campaign and/or advertisements he / she displays on the platform, he / she accepts and declares that he / she has to fulfill all legal obligations and legal procedures, including those contained on the platform, that he / she has no knowledge and responsibility in relation to such obligations and procedures.

3.4. The member accepts and declares that modanty is the seller party and Modanty is the buyer party in the distance sales contracts to be concluded in the purchases made by Modanty via the platform and that modanty is the seller solely responsible for the said Distance sales contract within the meaning of the applicable consumer Consumer Law and other legislation.

3.5. MODANATTY will have the right to collect products purchased by the member from the seller and will be free from the obligation to pay against the seller by paying such payment to the buyer modanatty.

3.6. The member hereby declares that he / she will act in accordance with the provisions of this membership agreement, all conditions stated on the site, applicable legislation and moral rules in the transactions and correspondence performed on the site. The member’s legal and penal responsibility for the transactions and actions performed within the platform is his / her own responsibility.

3.7.In accordance with applicable legislation, <URL> will be able to share its information with such authorities at the request of the authorized authorities.

Three. Personal data collected from members during membership and/or during shopping, may be transmitted to other members who may be subject to dispute, including but not limited to disputes which may constitute a criminal offence in the sense of Turkish Criminal Code, for the purpose of using the legal rights of the parties only, and only to be limited to such scope.

3.9. The member’s name and password information required by the member in order to access My Account page and perform transactions via the platform is created by the member and the security and confidentiality of such information is entirely the responsibility of the member. The member agrees, declares and undertakes that the transactions performed by him/her with his/her username and password have been performed by him / her, that the responsibility arising from these transactions belongs to him / her in advance, that he / she cannot make any Def and / or objection that he / she does not perform such transactions and that he / she cannot perform his / her

3.10. The member shall not use the site in a manner contrary to law and morality, especially in the following cases.

3.1.10.1 the use of platform to create, control, update or modify databases, records or contacts on behalf of any person;

3.10.2 the use of the platform for the purpose of disrupting, modifying or reverse engineering of the whole or part of the platform;

You agree to indemnify and hold <url>, its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the <url> service in violation of this Agreement and / or arising from a breach of this Agreement and / or any other;

3.10.4 use of comments and scoring systems for non-platform purposes, such as publishing comments on the platform outside of the platform, or use them to manipulate systems outside of the platform.;

3.10.5 dissemination of viruses or any other malware that may damage the platform, the platform’s database, or any content on the platform.;

3.10.6 unreasonable or disproportionately large load on the platform will have communications and technical systems as determined by the technical functioning in activities that will harm or may be involved. modanatty on the platform without obtaining the prior written permission of the automated program, robot, web crawler, spider, data mining (data mining) and scan data (data crawling), such as “screen scraping” software or system any content that is contained in the platform and in this way the use of all or a portion of any unauthorised copying, republication or use.

3.11. The member is obliged to carry out his / her operations on the platform in such a way that he / she does not cause any technical damage to the platform. Member, any programs, viruses, software, unlicensed products, Trojan horses, etc.that may damage the platform of the use of the platform. it undertakes and undertakes to take all necessary measures, including the use of protective software and licensed products, so as not to include them. Member also agrees that he / she will not enter My Account page through robot or automated login methods.

3.12. The use of the platform or the content on the platform in violation of the terms of use as set forth in this membership agreement or the provisions of applicable legislation is against the law; <url> ‘ s respective demand, litigation and follow-up rights are reserved.

4. PROTECTION OF PRIVACY AND PERSONAL DATA

4.1. Processing Of Personal Data:

In order to take advantage of the services offered on the site, <URL> attaches importance to the processing, security and protection of personal data provided by the member through the platform in accordance with any legislation, including the KVK. To the extent permitted by applicable law, <URL> reserves the right to terminate your access to <URL> ‘ s personal data. www.modanatty.com we collect, use, transfer and otherwise process the privacy and personal data on our platform in accordance with the Privacy Policy and this agreement. The privacy and personal data protection policy is an integral part of this membership agreement.

4.2. Purposes Of The Processing Of Personal Data:

Personal data that is required to be processed by the Member for the member to gain membership by creating an account;

To ensure that the rights and obligations of MODANATTY and member arising from the membership agreement are fulfilled (based on the contract)),
To fulfill our legal obligations arising in accordance with the law on the protection of consumers from membership contract and Turkish obligations law,
In accordance with the law on the regulation of Electronic Commerce, Turkish Commercial Code,Law 5651, and Tax Procedure Law (according to the legislation)),
As a member, we can offer you discounts, opportunities, benefits in line with your preferences and to send you a commercial e-mail with your approval.,
Within the scope of various CRM applications we use to increase your customer satisfaction/loyalty,
are processed.

4.3. Rights and usage related to your personal data:

As MODANATTY, you have the right to access your personal data for the purposes set out above.:

Learning whether personal data is processed,
Requesting information regarding personal data if it has been processed,
Learning the purpose of processing personal data and whether they are used for their purpose,
To know third parties in which personal data is transferred in Turkey or abroad,
Request that personal data be corrected if it is incomplete or misplaced,
Request the deletion or destruction of personal data in accordance with the provisions of Article 7;,
(e) requests that transactions made in accordance with subparagraphs (F) and (e) be notified to third parties of the transfer of personal data;,
Objection to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems,
He has the right to demand compensation in case of damage due to illegal processing of personal data.

We may review our privacy and personal data protection policy for further information regarding the terms of use of personal data and your rights in this regard and [email protected] you can exercise your rights by sending an e-mail to <url>. The e-mail address you will use must be the e-mail address registered in the system when you perform your membership to Modanaty. Requests from other e-mail addresses will not be evaluated.

4.4. Transfer Of Personal Data:

We will use your Personally Identifiable Information, contact information, order information and marketing information to provide you with the best possible experience with the planning and execution of the marketing process of the products and services and the planning and implementation of the related processes in order to provide you with the best benefit from the products and services that we offer.:

Shipping companies are required to deliver the product to you or to another address you have specified.,
Call center with the aim of answering your applications and complaints such as cancellation, return, amendment of the product you have purchased quickly,
Targeting, profiling and analysis by determining user habits,
If you are a member of modanatty, depending on your commercial e-mail consent, you will receive a discount campaign, offer customized content, digital Marketing, ReMarketing, advertising.,
Evaluation, analysis and optimization activities related to the advertisements made to you within the scope of the planning and development of the processes related to the company business and strategies,
Planning and conducting market research activities for the sales and marketing of products and services offered by the company and conducting market research and surveys,
in order to be able to be shared with our domestic and foreign business partners as necessary and to the extent necessary.

4.5. Data Security Measures:

MODANATTY takes all necessary measures to ensure that the personal data it processes is securely stored in accordance with the KVK, to prevent unauthorized access and illegal data processing. Within this scope:

The web pages on which personal data is received are opened with “https”. Therefore, the personal data shared by the member via the Web page is unauthorized on the internet. It is prevented from being seen by people.
WAF and CDN are used to protect personal data from external threats.
Access to the personal data belonging to the member is provided only to the extent necessary by the relevant departments within the company with the authorization and control matrix.
3.we receive services in the capacity of cargo companies or data processing. The personal data of the party companies and the member are shared As far as possible.
Secure channels are used for the sharing of member’s personal data electronically.
For more information about data security, please see our privacy and Data Protection Policy.

4.6. Changing and/or updating your personal data:

Member has the right to make changes or updates to his personal data at any time by using My Account page.

4.7. Retention Periods Of Your Personal Data:

Your personal data processed in accordance with your membership is limited to the following periods by MODANATTY:

As long as the membership relationship continues,
Traffic information in accordance with law 5651 2 years,
After the membership relationship ends:
5 years in accordance with TTK and Vuk, 10 years,
1 year in accordance with the electronic commerce legislation from the date of your return of your commercial e-mail consent,
3 years in accordance with the electronic commerce regulations of all kinds of records related to electronic commerce,
10 years in accordance with the law on consumer protection and Turkish obligations law.
Once these times have passed, personal data will be used anonymously by <url>.

This Membership Agreement, which consists of 5 (five) articles, entered into force as of the date it was ratified by the member, by reading each provision and by agreeing to it in electronic form.