MEMBERSHIP AGREEMENT

Please read these 'terms of use' carefully before using our site.

Customers who use and shop from this shopping site are deemed to have accepted the following terms:

This agreement is indefinite and imposes rights and obligations on the parties regarding the site subject to the agreement. The parties declare and undertake that they will fully, correctly, and timely fulfill the rights and obligations mentioned in this agreement when they accept/approve this agreement online or in writing.

1. RESPONSIBILITIES

• The company reserves the right to change prices and the products and services offered at any time.
• The company agrees and undertakes that the member will benefit from the services subject to the agreement, except for technical failures.
• The user agrees not to reverse engineer the site or perform any other operations aimed at finding or obtaining the source code, otherwise, they will be liable for any damages to third parties, and legal and penal actions will be taken against them.
• The user accepts that they will be solely responsible for any damages they may incur due to incomplete or incorrect information provided during membership registration, and if they provide false information, the company may terminate their membership unilaterally without any notification.
• For the improvement and development of the website, and/or within the framework of legal regulations, certain information such as the name of the internet service provider used to access the site, the IP address, the date and time of access to the site, the pages accessed during the site visit, and the internet address of the website that directly connected to the site may be collected. The user accepts the collection of this information.
• The user agrees not to produce or share any content that is contrary to public morality and decency, unlawful, infringes on the rights of third parties, misleading, offensive, obscene, pornographic, defamatory, violates personal rights, violates intellectual property rights, or encourages illegal activities in any part of the site or in communications. Otherwise, the user is fully responsible for the damages that may arise, and in such cases, the 'Site' authorities reserve the right to suspend or terminate such accounts and initiate legal proceedings. If judicial authorities request information about activities or user accounts, the authorities reserve the right to share this information with the relevant authorities.
• The relationships between site members or between members and third parties are their own responsibility.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All registered or unregistered intellectual property rights, such as title, business name, brand, patent, logo, design, information, and methods on this Site, belong to the site operator and owner company or the relevant right holder and are protected by national and international law. Visiting this Site or benefiting from the services on this Site does not grant any rights concerning these intellectual property rights.

2.2. Information on the Site cannot be reproduced, published, copied, presented, and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. In case of such a violation, the user will be responsible for compensating the damages claimed by third parties from the company and all other obligations, including but not limited to court costs and attorney fees.

3. CONFIDENTIAL INFORMATION

3.1. The company will not disclose the personal information transmitted by users through the site to third parties. This personal information includes any other information to identify the user, such as the person's name-surname, address, phone number, mobile phone, and email address, and will be referred to as 'Confidential Information'.

3.2. The user agrees and declares that the company owning the Site may share their communication, portfolio status, and demographic information with its affiliates or group companies for marketing activities such as promotion, advertisement, campaign, promotion, announcement, etc., limited to use within the scope of these activities. This personal information can be used to determine customer profiles within the company, offer promotions and campaigns suitable for customer profiles, and conduct statistical studies.

3.3. The user has the right to withdraw their consent at any time without providing any reason. The company will process this withdrawal immediately and will ensure that the user is exempt from receiving electronic communications within 3 (three) business days.

3.4. Confidential Information may only be disclosed to the official authorities if required by the official authorities and if disclosure to the official authorities is mandatory under the provisions of the applicable mandatory legislation.

4. NO WARRANTY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL IMPLIED WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE DISCLAIMED.

5. REGISTRATION AND SECURITY

• The user is required to provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be deemed breached, and the user's account may be closed without notification.
• The user is responsible for the security of their password and account on the site and third-party sites. Otherwise, the company cannot be held responsible for data loss, security breaches, or damage to hardware and devices.

6. FORCE MAJEURE

If the obligations arising from the agreement cannot be fulfilled by the parties due to reasons beyond their control, such as natural disasters, fires, explosions, civil wars, wars, uprisings, public movements, mobilization announcements, strikes, lockouts, epidemics, infrastructure and internet failures, and power outages (hereinafter collectively referred to as "Force Majeure"), the parties are not responsible. During this period, the rights and obligations of the parties arising from this Agreement are suspended.

7. INTEGRITY AND APPLICABILITY OF THE AGREEMENT

If any term of this agreement becomes partially or completely invalid, the remainder of the agreement continues to be valid.

8. AMENDMENTS TO THE AGREEMENT

The company may partially or entirely change the services provided on the site and the terms of this agreement at any time. Changes will be effective from the date they are published on the site. It is the user's responsibility to follow the changes. By continuing to benefit from the services provided, the user is deemed to have accepted these changes.

9. NOTICES

All notices related to this Agreement will be made through the company's known email address and the user's email address specified in the membership form. The user accepts that the address they provided while registering is a valid notification address, and if it changes, they will notify the other party in writing within 5 days, otherwise, notifications made to this address will be considered valid.

10. EVIDENCE AGREEMENT

In all disputes that may arise from this agreement, the parties accept that the company's records, documents, computer records, and fax records will be considered evidence under the Code of Civil Procedure No. 6100 and that the user will not object to these records.

11. RESOLUTION OF DISPUTES

Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.

PERSONAL DATA PROCESSED

Your Identity Information (Name, Surname, Date of Birth, National ID Number)

Your Contact Information (Address, Email Address, Phone Number)

Details Regarding Your Use of the Site (Your behaviors, transactions, preferences, visited products, etc. on the site)

Your Unique Username and Password

Your Company Information (Company Name, Phone Number, Address)

Upon Establishment of the Contract:

• Your Identity Information (Name, Surname, Date of Birth, National ID Number)
• Your Contact Information (Address, Email Address, Phone Number)
• If you request an invoice: (National ID Number, Tax ID Number)
• If you make a payment via credit card: Your credit card information processed to be sent to the Payment Institution
• If you choose Bank Transfer as a Payment Method: Bank IBAN and information related to the Bank you used

If You Are a User:

• Your Unique Username and Password
• Your Company Information (Company Name, Phone Number, Address)
• Records of Services Provided by Our Company (Request and Complaint Management)
• Records Generated from Forms Related to Your Complaints

If You Give Consent for Electronic Commercial Communication:

• Your Identity Information (Name, Surname)
• Your Contact Information (Address, Email Address, Phone Number)
• Details Regarding Your Use of the Site (Your behaviors, transactions, preferences, visited products, etc. on the site)
• Information Essential for Marketing (Date of Birth, Site usage, shopping habits, address, and habits like demographic member/user/customer information, shopping habits-preferences, likes, and related comments for all kinds of products and services, utilized campaigns, surveys, etc., and their contents, invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amount, etc.), old and new mobile/home/work phone/fax numbers, email addresses, identification information (cookies, web browser information, IP, beacon, wired-wireless network connection information, etc.)

PURPOSES OF PROCESSING YOUR PERSONAL DATA

Your personal data can be processed for the following purposes in accordance with the legislation on the protection of personal data:

General Purposes:

• To resolve your issues and complaints and to contact you if necessary when you contact us, by processing your identity and contact information.
• To fulfill our obligations arising from the legislation, to fulfill our legal obligations, especially information security, with authorized and responsible public institutions and organizations by processing your identity, contact, invoice, and shopping information.
• To exercise all kinds of legal rights such as lawsuits, answers, and objections against official institutions and organizations such as courts, enforcement offices, arbitration committees regarding disputes arising from the contract, by processing your identity, contact, invoice, and shopping information.
• To differentiate the records created in our system related to you from the records of other customers and to enable you to benefit from post-sales operational processes without presenting an invoice/receipt, by processing your identity and contact information.
• To issue an invoice if you request one, by processing your identity and invoice information.
• To receive the payment if you wish to make a payment by credit card, by transferring your credit card information to the payment institution without recording it.

To fulfill our storage obligations arising from the legislation by processing your identity, shopping, and invoice information.

If You Are a User:

• To improve our product and respond to your requests instantly within the scope of the User Complaint and Request Form.
• To ensure regular payment tracking and arrangement with your account information and to manage your Electronic Commerce environment if provided to you.
• To manage the sales you have made as a user and to ensure the execution of your electronic commerce site.
• To manage your requests within the scope of the service provided and to ensure the best service principle and to ensure the best electronic commerce for users.
• To manage your electronic commerce site with business partners we transfer your data to upon request.

If You Give Consent for Electronic Commercial Communication:

• We process your identity, contact, shopping, and marketing information to create/conduct general or personalized campaigns, advantages, promotions, advertisements, notifications, marketing activities, and for all kinds of commercial communication activities directed to you.

METHOD AND LEGAL REASON FOR COLLECTING YOUR PERSONAL DATA

We collect your personal data based on legal reasons such as "the necessity of processing data for the establishment and execution of the contract", "the necessity of fulfilling a legal obligation", and "the necessity of processing data for the legitimate interests of the data controller". If you are a user, we collect your personal data based on legal reasons such as "the necessity of processing data for the establishment and execution of the contract" and "the necessity of processing data for the use of a right" for the follow-up of your requests and complaints. If you give consent for Electronic Commercial Communication, we collect your data based on the legal reason of explicit consent and for offering you new services with business partners.

Conditions for processing your personal data without explicit consent:

• When it is explicitly prescribed by the law,
• When it is necessary for the protection of public health, preventive medicine, medical diagnosis, treatment, and care services, health services, and the planning and management of their financing by persons or authorized institutions and organizations under the obligation of confidentiality.

TRANSFER OF YOUR PERSONAL DATA

We transfer your personal data;

• To domestic and international business partners and service providers (call centers, companies providing personal data collection services through devices, marketing consultancy, database, electronic communication tool service providers, consultancy, etc.) or to international partners if the servers of our domestic business partners are abroad, for receiving services like information technologies, marketing activities, or specialized consultancy services.
• To our dealers and business partners to resolve your purchases and other product requests made through the Site.
• To business partners listed on our site and whose services we want to receive and to whom you have given permission.
• To authorized and responsible public institutions and organizations and judicial authorities to fulfill our legal obligations such as providing information and documents, and exercising our legal rights such as lawsuits and responses.

If you make a payment via credit card, we transfer your credit card information to the relevant bank, electronic payment institution, etc., without recording it on milankiss.com.

YOUR RIGHTS

According to Article 11 of the Law, you have the following rights using the methods stated in the "Contact" section of this Policy:

• To learn whether your Personal Data is processed,
• To request information if your Personal Data has been processed,
• To learn the purpose of processing your Personal Data and whether they are used in accordance with its purpose,
• To know the third parties to whom your Personal Data is transferred domestically or abroad,
• To request the correction of your Personal Data if it is incomplete or incorrectly processed,
• To request the deletion or destruction of your Personal Data within the framework of the conditions stipulated in the KVKK legislation,
• To request notification of the transactions made pursuant to subparagraphs (e) and (f) to third parties to whom your Personal Data has been transferred,
• To object to a result against you that arises by analyzing the processed data exclusively through automated systems,
• To demand the compensation of the damage in case of loss due to unlawful processing of Personal Data.