MEMBERSHIP AGREEMENT

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

Our customers who use and shop on this shopping site are assumed to have accepted the following terms:

The web pages on our site and all related pages (the "site") are owned and operated by Simge Kamacı - The Sim Co. (the "Company") at www.thesimco.com. By using all services offered on the site, you ("User") agree to be subject to the following terms and conditions . By using and continuing to use the services on the site, you agree that you are over 18 years of age and have the right, authority, and legal capacity to enter into contracts under applicable laws. You have read, understood, and are bound by the terms of this agreement.

This agreement is indefinite and imposes rights and obligations on the parties regarding the site that is the subject of the agreement. When the parties accept/approve this agreement online or in writing, they declare and undertake that they will fulfill the aforementioned rights and obligations completely, accurately, on time and within the conditions requested in this agreement.

1. RESPONSIBILITIES

1. The company always reserves the right to make changes to prices and the products and services offered.

2. The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical malfunctions.

3. The user agrees in advance that he/she will not reverse engineer the use of the site or take any other action to find or obtain the source code thereof; otherwise, he/she will be liable for any damages that may arise to third parties and that legal and criminal proceedings will be taken against him/her.

4. The User accepts that he/she will be solely responsible for any damages he/she may incur due to incomplete or incorrect information provided while registering to the site, and that in case of incorrect information provided and in case of breach of this agreement by the Member, the company may unilaterally terminate his/her membership without the need for any notice or warning.

5. For the purpose of improving and developing the website and/or in accordance with legal regulations, the Company may collect certain information, such as the name and Internet Protocol (IP) address of the Internet service provider used to access the website, the date and time the website was accessed, the pages accessed while on the website, and the Internet address of the website that provides direct access to the website. The User agrees to the collection of this information.

6. Users agree not to create or share content that violates public morality and decency, violates the rights of third parties, is misleading, offensive, obscene, pornographic, violates personal rights, violates copyrights, or encourages illegal activities during their activities on the site, in any section of the site, or in their communications. Otherwise, they are entirely responsible for any damages that may occur, and in such cases, the Site authorities may suspend or terminate such accounts and reserve the right to initiate legal proceedings. Therefore, if they receive requests from judicial authorities regarding information regarding their activities or user accounts, they reserve the right to share this information with the relevant authorities.

7. Members of the site are responsible for their interactions with each other or third parties.  

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All registered or unregistered intellectual property rights, such as titles, business names, trademarks, patents, logos, designs, information, and methods, contained on this Site belong to the site operator and owner, or the designated relevant party, and are protected by national and international law. Visiting this Site or using the services on this Site does not grant any rights with respect to such intellectual property rights.

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

3. CONFIDENTIAL INFORMATION

3.1. The Company will not disclose personal information provided by users through the Site to third parties. This personal information includes any other information intended to identify the User, such as the person's name, surname, address, telephone number, mobile phone number, and email address, and will be referred to as "Confidential Information."

3.2. The User acknowledges and declares that they consent to the Site's owner company sharing their contact information, portfolio status, and demographic information with its affiliates or affiliated group companies, and to receiving electronic messages addressed to them or their affiliates in this context, limited to their use within the scope of marketing activities such as promotions, advertisements, campaigns, promotions, announcements, etc. This personal information It can be used to determine customer profiles within the company , to offer promotions and campaigns appropriate to the customer profile, and to conduct statistical studies.

3.3. The user has the right to revoke the consent given under this agreement without giving any reason. The company will process the revocation immediately and refrain from receiving electronic messages from the user within 3 (three) business days.

3.4. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in due form and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.

4. NO WARRANTY:

THIS AGREEMENT ARTICLE SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OFFERED BY THE COMPANY THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5. REGISTRATION AND SECURITY

Users must provide accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement and may result in the closure of the User's account without prior notice.

Users are responsible for maintaining password and account security on the Site and third-party sites. Otherwise, the Company cannot be held responsible for any data loss, security breaches, or damage to hardware or devices that may occur.

6. FORCE MAJEURE

If the parties cannot fulfill their obligations arising from this Agreement due to reasons beyond the control of the parties , such as natural disasters, fires, explosions, civil wars, wars, riots, civil commotions, declarations of mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, or power outages (collectively referred to below as "Force Majeure"), the parties are not responsible for this. During this period, the rights and obligations of the parties arising from this Agreement are suspended.

7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT

If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.

8. CHANGES TO BE MADE IN THE CONTRACT

The Company may change the services offered on the site and the terms of this agreement, in whole or in part, at any time. Changes will be effective as of the date they are published on the site. It is the User's responsibility to monitor these changes. By continuing to use the services , the User is deemed to have accepted these changes.

9. NOTIFICATION

All notices sent to the parties related to this Agreement will be sent via the Company's known email address and the email address specified by the user on the membership form. The user agrees that the address specified during registration is the valid notification address and that they will notify the other party in writing within five days of any change. Otherwise, notices sent to this address will be deemed valid.

10. EVIDENCE AGREEMENT

In any disputes that may arise between the Parties regarding transactions related to this agreement, the Parties' books, records and documents, as well as computer records and fax records, will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees not to object to these records.

11. DISPUTE RESOLUTION

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

INFORMATION ON THE PROTECTION OF PERSONAL DATA

We attach great importance to ensuring the security of your personal information, whether you use our website or provide it through other means. Law No. 6698 on the Protection of Personal Data has entered into force. We would like to inform you about this legislation and certain definitions set forth therein:

Personal data : Any information relating to an identified or identifiable natural person,

Processing of Personal Data: Any operation performed on personal data, such as obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data, in whole or in part, by automatic means or non-automatic means provided that it is part of any data recording system.

Data processor: The natural or legal person who processes personal data on behalf of the data controller based on the authority granted by the data controller,

Data recording system: A recording system in which personal data is structured and processed according to certain criteria.

Data controller: Refers to the natural or legal person who determines the purposes and means of processing personal data and is responsible for establishing and managing the data recording system.

1. Protection of Personal Data and Purpose of the Consent Text and Our Company's Position as Data Controller:

Our shopping site has the title of "data controller" within the scope of the Personal Data Protection Law No. 6698 ("Law") regarding personal data of customers, and this Personal Data Protection and Consent Text aims to inform customers about the personal data processing activities carried out by our shopping site in accordance with the said Law and to obtain their explicit consent for the situations specified in Article 3 below.

3. Personal Data to be Processed with the Explicit Consent of Customers and Purposes of Processing:

For the following situations where the personal data processing conditions in Articles 5/2 and 6/3 of the Law cannot be met, the explicit consent of the customers must be obtained in order for our Shopping site to process personal data.

2. Purpose of Processing Customer Personal Data:

Personal data of customers are processed within the framework of the personal data processing conditions and purposes specified below and in Articles 5 and 6 of the Law. Personal data of customers;

• To ensure that relevant people benefit from the products and services offered by our shopping site, the necessary work is carried out by the business units and the relevant business processes are carried out,

• Carrying out the necessary work by the relevant business units and carrying out the related business processes in order to carry out the commercial activities carried out by our shopping site,

• Planning and execution of commercial and/or business strategies of our shopping site,

• To plan and execute the activities necessary to ensure the legal, technical and commercial-occupational security of the persons who have a business relationship with our shopping site, and to recommend and promote the products and services we offer to the persons concerned by customizing them according to their tastes, usage habits and needs,

• Establishment of possible rights and claims of interested parties

• Providing information to authorized institutions arising from legislation

• Creating and tracking visitor records

• To ensure the fulfillment of obligations within the scope of the Consumer Protection Law, the Retail Trade Regulation Law and other legal legislation through our Company and our branches, call center, affiliated companies on behalf of our Company or through our websites and social media pages or through all kinds of channels, including but not limited to these,

• To provide better service to customers, to provide and offer various advantages, to provide information about sales, marketing, information, promotions, campaigns and conditions, to conduct surveys and customer satisfaction research, to speed up your purchasing transactions, to receive and deliver your orders,

• Creating campaigns for customers, cross-selling, determining the target audience,

• Carrying out activities to enhance user experience by tracking customer movements, improving the operation of our shopping site's website and mobile application and personalizing it according to customer needs, carrying out direct and indirect marketing, personalized marketing and remarketing activities, carrying out personalized segmentation, targeting, analysis and internal reporting activities, market research,

• It may be processed in line with the consent of the Customer and may be shared with the parties specified in this Personal Data Protection Text, within the scope of planning and execution of sales and marketing processes of products and/or services of our shopping site, including for the purposes of planning and execution of customer satisfaction activities and customer relations management processes, and planning and execution of processes of creating and/or increasing loyalty to products and/or services offered by our shopping site.

Our Shopping Site reserves the right to associate the site's behavior, even if the user is not a registered user, with a cookie stored in the user's browser for online behavioral advertising and marketing purposes, and to define remarketing lists based on metrics such as the number of pages viewed, duration of visit, and goal completions. These users may then be shown targeted advertising content based on their interests on the site or other sites within the Display Network. When Google AFS ads are directed to our Shopping Site, Google may place or read cookies on users' browsers or use web beacons to collect information.

4. Transfer of Customer Personal Data:

Personal data of customers may be shared with Company officials, our affiliates, business partners, suppliers, shareholders, legally authorized public institutions and organizations and private institutions within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of the Law, including the performance of the necessary work by the business units and the execution of the relevant business processes to enable the relevant people to benefit from the products and services offered by our shopping site, the performance of the necessary work by the relevant business units and the execution of the related business processes to carry out the commercial activities carried out by our shopping site, the planning and execution of the commercial and/or business strategies of our shopping site, the planning and execution of the activities necessary to ensure the legal, technical and commercial-business security of our shopping site and the relevant people who have a business relationship with our shopping site, and the planning and execution of the activities necessary to recommend and promote the products and services offered by our shopping site to the relevant people by customizing them according to the tastes, usage habits and needs of the relevant people.

The User's Name and Contact Information may be shared with payment institutions for the purpose of identity verification in accordance with the framework agreement of the payment institution that the User will approve at the payment stage and in accordance with the Regulation on Measures to Prevent Laundering Proceeds of Crime and Financing of Terrorism published in the Official Gazette dated January 9, 2008 and numbered 26751.

Our Shopping Site may transfer personal data to third parties within the country as well as abroad, provided that the conditions stipulated in Law No. 6698 are met, within the scope of the purposes stated above.

5. Method and Legal Reason for Collection of Personal Data:

Personal data is collected from customers electronically. Personal data collected for the legal reasons mentioned above may be processed and transferred for the purposes specified in Articles 5 and 6 of the Law and this Personal Data Protection Text.

6. Storage Periods of Personal Data

Our Shopping Site stores personal data for the period specified in relevant laws and legislation, if stipulated in these legislations.

If there is no specific period stipulated in the legislation regarding how long personal data should be stored, Personal Data is processed for the period required by the practices and commercial practices of Our Shopping Site, depending on the activity carried out while processing that data, and is then deleted, destroyed or anonymized.

If the purpose of processing personal data has expired, and the retention periods specified by relevant legislation and our Shopping Site have expired, personal data may be retained solely as evidence in potential legal disputes or to assert or defend a relevant right related to personal data. Retention periods are determined based on the statute of limitations for asserting the aforementioned right and examples of previous requests submitted to our Shopping Site regarding the same matters despite the expiration of the statute of limitations. In this case, stored personal data is not accessed for any other purpose and is only accessed when it is necessary to resolve the relevant legal dispute. After this period, personal data is deleted, destroyed, or anonymized.

7. Rights of Customers as Personal Data Owners:

Pursuant to Article 11 of the Law, data owners have the right to; (i) learn whether their personal data is being processed, (ii) request information regarding their personal data if it has been processed, (iii) learn the purpose of processing personal data and whether it is being used in accordance with its purpose, (iv) know the third parties to whom personal data is transferred, whether domestically or internationally, (v) request correction of personal data if it is processed incompletely or inaccurately and request notification of the action taken in this context to third parties to whom personal data is transferred, (vi) request the deletion or destruction of personal data if the reasons requiring processing are no longer present, despite the data having been processed in accordance with the provisions of the Law and other relevant laws, and request notification of the action taken in this context to third parties to whom personal data is transferred, (vii) object to any outcome to the detriment of the data subject arising from the analysis of processed data exclusively through automated systems, and (viii) request compensation in the event of damages suffered due to unlawful processing of personal data.

Requests regarding the exercise of these rights may be submitted by personal data owners to our Shopping Site using the methods specified in Law No. 6698. Our Shopping Site will evaluate these requests and finalize them within 30 days.

Regarding the matters included in this form, changes may be possible in line with legal and technological developments.