1.Description of the Site:
Nitatoys.com website is a NİTA DIŞ TİCARET A.Ş. operating at Tekstilkent Caddesi Oruçreis Mahallesi A17 Blok No:28 Esenler/İstanbul. (hereinafter referred to as “NITA”) company.
2. Subject of the Agreement:
The subject of this Agreement is to determine the membership conditions (hereinafter referred to as "Member") to benefit from www.nitatoys.com, the website owned by NİTA DIŞ TİCARET A.Ş.
3. Rights and Obligations
3.1. The member declares and undertakes that the personal and other information he/she provides while becoming a member of the www.nitatoys.com website is correct before the law, and that NITA will fully and immediately compensate any damages it may incur due to the untruth of this information.
3.2. The member cannot give the password given to him by NITA to any other person or organization; the member has the right to use the password in question. For this reason, NITA reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all liability that may arise and all claims and demands that may be made against NITA by third parties or competent authorities.
3.3. The member accepts and undertakes to comply with all legal regulations and not to violate them while using the www.nitatoys.com website. Otherwise, all legal and criminal liabilities that may arise will be binding solely and solely on the member.
3.4. The member cannot use the www.nitatoys.com website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an illegal purpose, or in a way that violates the intellectual and copyright rights of others. In addition, the member cannot engage in activities (spam, viruses, trojan horses, etc.) or actions that prevent or make it difficult for others to use the services.
3.5. The ideas and opinions expressed, written and used by the members on the www.nitatoys.com website are entirely the members' own personal opinions and are binding on the owner of the opinion. These views and opinions have no relation or connection with Nitatoys.com. NITA has no liability for any damages that third parties may suffer due to the ideas and opinions declared by the member, or for any damages that the member may suffer due to the ideas and opinions declared by third parties.
3.6. NITA will not be responsible for unauthorized reading of member data or any damage that may occur to member software and data. The Member has agreed in advance not to claim compensation from NITA for any damage he may incur due to the use of the www.nitatoys.com website.
3.7. The member agrees not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal responsibilities arising from this belong entirely to the member.
3.8. The member who violates one or more of the articles listed in this membership agreement will be personally and criminally and legally responsible for this violation and will keep NITA free from the legal and criminal consequences of these violations. Moreover; Due to this violation, if the incident is referred to the legal field, NITA reserves the right to claim compensation against the member for non-compliance with the membership agreement.
3.9. NITA always has the right to unilaterally delete the member's membership and delete the customer's files, documents and information when necessary. The member accepts this savings in advance. In this case, NITA has no responsibility.
3.10. www.nitatoys.com website software and design are the property of NITA, copyright and/or other intellectual property rights related to them are protected by relevant laws, and they cannot be used, copied or changed by the member without permission. Other companies and their products mentioned on this website are trademarks of their owners and are also protected under intellectual property rights.
3.11. The name and Internet Protocol (IP) address of the Internet service provider used by NİTA for the improvement and development of the www.nitatoys.com website and/or to access the site within the framework of legal legislation, the date and time the site was accessed, the pages accessed while on the site and the direct access to the site. Some information, such as the Internet address of the website that allows you to connect, may be collected.
3.12. NITA may use members' personal information to provide better service to its users, to improve its products and services, and to facilitate the use of the site, in studies aimed at its users' special preferences and interests. NITA reserves the right to keep a record of the member's movements on the website www.nitatoys.com.
3.13. In accordance with the law, NITA provides SMS/text messages, instant notifications and automatic calls for the purposes of promotion, advertising, communication, promotion, sales and marketing of all kinds of products and services, as well as store card, credit card and membership information, transactions and applications. Social, commercial and other electronic communications can be made via computer, telephone, e-mail/mail, fax, bluetooth (if enabled on your device), other wireless networks, social media and online communication networks and other electronic communication tools, and commercial electronic messages can be sent to our members. .
3.14. The person who becomes a member of Nitatoys.com declares and accepts that he/she allows product and service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction practices to be presented to him/her by all companies that are subsidiaries of NITA within the scope of the practices in force and/or to be put into effect. Member may collect the personal and shopping information and shopping and/or consumer behavior information he/she has provided in the past and/or will provide in the future while becoming a member of Nitatoys.com and/or through other means, for the above purposes. declares and accepts that it allows it to be shared with all its affiliated companies, used and archived by all NITA affiliated companies. The member declares and accepts that he/she allows the data to be collected, shared with all NITA affiliated companies, used and archived by all NITA affiliated companies, even after his/her membership ends, unless the member states otherwise. The Member declares and accepts that he/she allows all companies that are subsidiaries of NITA to contact him/her using internet, telephone, SMS, etc. communication channels, unless he/she states otherwise. The Member declares and accepts that he/she will not make any claim regarding any direct and/or indirect material and/or moral, negative and/or positive damage due to the collection, sharing, use, archiving and access of the above-mentioned information and will not hold NITA affiliated companies responsible. It does. If the member wants to change their data sharing preferences, they can forward this request to NITA's customer service call centers.
3.15. When NITA requests the member's personal information as a legal obligation or (a) to comply with legal requirements or comply with legal processes notified to NITA; (b) NITA may disclose the information in cases where it believes in good faith that it is necessary to protect and defend the rights and property of the website family.
3.16. Measures have been taken within the available possibilities to ensure that the NITA website is free of viruses and similar software. In addition, to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, by entering the NITA website, the member is deemed to have accepted that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences.
3.17. NITA reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the NITA website.
3.18. NITA may change, update or cancel the terms of the membership agreement at any time, without the need for prior notice and/or warning. Any amended, updated or repealed provision will be valid for all members on the date of publication.
3.19.NITA members' information may be disclosed to relevant organizations within the framework of the responsibilities stipulated by legal regulations. In addition, the personal information they provide and all kinds of personal and non-personal information about their shopping (name, surname, nickname, age, gender, marital status, region of residence, education level, interests, shopping habits-likes for all kinds of products including clothes, invoices) contents, mobile/home/work phone number, device code, e-mail address, all kinds of card information except password, technical advertising identifier-ID information and location data) in accordance with the law and by taking the necessary measures, NITA and its partners-business partners, By their successors and/or third parties/organizations determined by them (including social media-online advertising operators), both for legal reasons and in order to benefit from general and personalized products-services and opportunities, and for all kinds of product-service promotion, advertising, It can be received, procured and taken over by automatic/non-automatic methods for the purpose of communication, promotion, sales, marketing, store card, credit card and membership information, applications and transactions. can be recorded in magnetic archives, stored, preserved, made available, used, updated, changed, rearranged, classified, shared, transferred domestically or abroad, and processed in other ways in accordance with the law.
3.20. Necessary precautions for the security of the information and transactions provided by members on Nitatoys.com have been taken in the systems and internet infrastructure by NITA or the relevant organization, depending on the nature of the information and transaction. When using Nitatoys.com, all credit card transactions and approvals are carried out online by the relevant Bank and similar Card Institutions, independently of Nitatoys.com (Information such as credit card "password" is not seen and recorded by NITA).
3.21. Information entered for membership, product/service purchase and information update purposes on Nitatoys.com, as well as sensitive confidential information regarding credit and debit cards, cannot be viewed by other internet users.
3.22. The parties accept and declare that all computer records belonging to NITA will be taken as the sole and real exclusive evidence in accordance with HUMK Article 287 and that the said records constitute an evidence contract.
3.23. In accordance with this membership agreement, NITA has the authority to send informational e-mails to the e-mail addresses registered with it and informative SMSs to the mobile phones of its members, and upon approving this membership agreement, the member accepts the sending of informational e-mails to his e-mail address and informational SMS to his mobile phone. will be counted. If the member wishes to stop receiving e-mails and/or SMS, they can cancel by sending an e-mail to email@example.com .
4. Termination of Contract
This agreement will remain in force until the member cancels his membership or his membership is canceled by NITA. NITA may terminate the contract unilaterally by canceling the member's membership if the member violates any provision of the membership agreement.
5. Settlement of Disputes
Istanbul Courts and Enforcement Offices are authorized for disputes regarding this agreement.
The member's registration for membership means that the member has read all the articles in the membership agreement and accepted the articles in the membership agreement. This Agreement has been concluded and entered into mutual force at the time the member becomes a member.
CLARIFICATION TEXT ON THE PROTECTION OF PERSONAL DATA
This text is an annex to the membership agreement and contains the clarification text and express consent statement regarding the Personal Data obtained through the agreement.
1) In accordance with the Personal Data Protection Law No. 6698, our DATA CONTROLLER company is NİTA DIŞ TİCARET A.Ş. (“Company”), the personal data (Name/Surname/e-mail/Phone number/Address/Child's Name/Surname/Child's Birthday) of the person submitting the application request for opening a membership account, obtained through this Membership Form, in accordance with the relevant legislation. As the data controller, it may record, classify, process, store, update and transfer to third parties where permitted. As the data controller, it states that Personal Data will be processed, recorded, stored, maintained, updated and transferred when necessary, and in this context, any actions taken on Personal Data by our company and Group Companies, affiliates, consultants, shareholders or solution partners and other relevant persons. We hereby inform you that any such transaction will be considered as processing of personal data.
2) Personal data received from the person submitting the application request for opening a membership account is used by our company to control sales and supply management, invoicing, making legal notifications, delivery transactions, tracking customer demands and/or complaints, managing business processes, all kinds of products and services. promotion, advertising, communication, promotion, marketing, determining usage habits, sending commercial electronic messages, enabling customers to benefit from products and services, planning sales and marketing activities of products and services, fulfilling contractual and legal responsibilities completely and accurately, providing special services to members. It can be processed for the purposes of creating visitor records, correctly planning, executing and managing commercial collaborations, management and communication activities and strategies, improving the services offered on our website and eliminating errors that occur on the site.
3) Personal data received from the person submitting the application request for opening a membership account is shared by the Company with the persons, institutions and/or organizations required and/or permitted by the relevant law and other legislative provisions, public legal entities authorized to receive the data, shareholders and employees of the Company. may be transferred to its domestic/foreign subsidiaries, domestic/foreign individuals, institutions, organizations and/or other third parties from which it receives services and/or cooperates.
4) Personal data belonging to the person who submits the application request for opening a membership account, by the Company's employees, domestic/foreign subsidiaries, collaborating persons, institutions and/or organizations, official institutions or other third parties, [•] verbally, in writing or It can be collected electronically, fully or partially automatically, or by non-automatic means provided that it is part of any data recording system.
5) The person who submits the application request for opening a membership account can a) learn whether his or her personal data is being processed, b) request information if his or her personal data has been processed, c) learn the purpose of processing his personal data and whether they are used in accordance with their purpose, d) learn whether his personal data is processed or not. Knowing the third parties to whom personal data are transferred abroad, e) requesting correction of personal data in case their personal data is incomplete or incorrectly processed, f) requesting the deletion or destruction of personal data within the framework of the conditions stipulated in the legislation, g) processing the transactions carried out in accordance with paragraphs (e) and (f). They have the right to request notification to third parties to whom their personal data has been transferred, h) to object to the emergence of a result against them by analyzing their processed data exclusively through automatic systems, and i) to request compensation for the damage in case they suffer damage due to the unlawful processing of their personal data.
6) By applying to our company, in accordance with Article 11 of Law No. 6698; To learn whether your personal data has been processed, if so, information about it, the purpose of processing and whether it is used in accordance with this purpose, and the third parties in the country or abroad to whom the data in question is transferred, to have it corrected if your personal data has been processed incompletely or incorrectly, to have your personal data processed pursuant to Article 7 of the law. To request deletion or destruction within the framework of the conditions stipulated in the article and to notify the third parties to whom the information of the transactions carried out by our company has been transferred within this scope, to object in case a result arises against you due to your personal data being analyzed exclusively by automatic systems and in case you incur losses due to unlawful processing. You have the right to request remediation.
7) Requests regarding the above-mentioned rights can be made by filling out the application form on our website [https://www.nitatoys.com] and sending it in person or through a notary public ( Tekstilkent Caddesi Oruçreis Mahallesi A17 Blok No:28 Esenler/İstanbul ) or [info@ni- It will be finalized free of charge within 30 days at the latest after it is forwarded to our e-mail address [ta.com].
APPROVAL: Within the framework of the explanations made above; I hereby acknowledge that I have read and understood this information and permission form and that I have made the following declaration.
MEMBER'S EXPRESS CONSENT STATEMENT
Within the framework of the information given to me above, I hereby declare that I have given all the personal information I have given with my own consent, and that the personal data I have provided will be used and recorded by the Company for the purposes stated above and transferred domestically or abroad for these purposes, and that my personal contact information will be stored and recorded within the terms of this declaration of consent. and I give my express consent to be shared with third parties, and I give my express consent to the processing within the scope of the above-mentioned explanations, including transferring it abroad in case of legal or service-related actual requirements, without any hesitation, informed and informed about the subject.