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  • Privacy Policy

    1. PARTIES

    This Membership Agreement ("Agreement"); With the owner of www.soomsa.com and mobile device applications and Molla Gurani Mahallesi Oguzhan Caddesi No:30 D:9 Fatih/ISTANBUL (SOOMSA); The terms regarding the Member's use of the Services offered by SOOMSA are agreed between the website user or the user who becomes a member of the applications installed on mobile devices ("Member") by accepting the following conditions to www.soomsa.com and its mobile application (“Platform”). recorded for determination.

    SOOMSA and the Member will be referred to as the “Party” separately and together as the “Parties” in this Membership Agreement.

    2. DEFINITIONS

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

    Buyer: Refers to the natural or legal person who purchases the goods or services subject to electronic commerce through the Platform or acts for the purpose of purchasing.

    Service Provider: Refers to real or legal persons engaged in electronic commerce activities.

    Intermediary Service Provider: Refers to the real or legal persons who provide the electronic commerce environment for the economic and commercial activities of others.

    Privacy and Protection of Personal Data Policy: wwww.soomsa.com platform, which regulates the general privacy policy of SOOMSA regarding personal data and the use of cookies, including for what purposes and how SOOMSA will use the personal data that the Members transmit through the Platform. Indicates the text that can be accessed via

    My Account Page: The Member-specific page, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Platform, enter his personal data and information requested on the basis of the application, and which can only be accessed with the username and password determined by the relevant Member. means.

    Services: Refers to the practices put forward by SOOMSA in order to enable the Members to perform the works and transactions defined in this Membership Agreement.

    KVKK: Refers to the Law on Protection of Personal Data No. 6698. Member: Refers to the real persons who have accepted the membership agreement, terms of use and privacy notices on the www.soomsa.com page and have gained the title of "Member". User/Visitor: Refers to the people who visit the www.soomsa.com page without being a member of the site. Guest User: Refers to people who shop without being a member of the site by using the www.soomsa.com page.

    3. RIGHTS AND OBLIGATIONS OF THE PARTIES

    3.1. In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Platform, fill in the information requested here with correct and up-to-date information, and the Membership application must be evaluated and approved by SOOMSA. The user who wants to become a member must be over 18 (eighteen) years old. With the completion of the approval process and notification to the Member, the Membership status begins and thus the Member attains the rights and obligations specified in this Membership Agreement and the relevant parts of the Platform. The Member, who does not provide accurate and up-to-date information while filling out the said Membership Agreement, is personally responsible for all damages that may arise due to this. The Member has the right to terminate the Membership status at any time by clicking the "Cancel Membership" button, which can be accessed from the My Account Page. The cancellation of the membership does not mean the cancellation of the approval given for sending commercial electronic messages. The Member is also required to withdraw the approval of sending electronic messages, in particular.

    3.2. If there is a dispute as to who owns the rights and obligations of Membership and the said persons make a request from SOOMSA in this regard, the last person who paid SOOMSA for any Service using the relevant Membership account will be deemed to be the owner of the Membership account and action will be taken accordingly. .

    3.3. In case the Member wishes to initiate any legal action or purchasing process regarding the campaigns and/or advertisements displayed on the Platform, he/she must fulfill all necessary legal obligations and legal procedures, including those on the Platform, accepts and declares that SOOMSA does not have any information and responsibility.

    3.4. The Member states that SOOMSA is the Seller party and he is the Buyer, in the distance sales contracts to be concluded in the purchases to be made from SOOMSA through the Platform; SOOMSA accepts and declares that only the Seller is personally liable in all respects within the scope of the applicable consumer law legislation and other legislation in the aforementioned distance sales contract relationship.

    3.5. SOOMSA; The Member will have the authority to collect the products to be purchased from the seller and the Buyer will be relieved of his obligation to pay the Seller with this payment to be made to SOOMSA.

    3.6. The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Platform, applicable legislation and moral rules in the transactions and correspondence he/she performs on the Platform. The legal and criminal responsibility for the transactions and actions of the Member within the Platform belongs to him.

    3.7. SOOMSA may share the information of the Member with the said authorities upon the request of the competent authorities pursuant to the applicable legislation.

    3.8. The legal rights of the parties, limited only to the requested subject, in disputes arising from personal data obtained from Members during subscription and/or shopping to the Platform, fraud, fraud, abuse of the Platform, and criminal matters within the meaning of the Turkish Penal Code. and only to this extent, to other Members who may be a party to the dispute so that they can use it.

    3.9. The user name and password information required by the Member in order to access the My Account Page and perform transactions on the Platform is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member states that the transactions performed with his/her user name and password are carried out by him/her, that the responsibility arising from these transactions belongs to him in advance, and that he/she cannot claim any objection and/or objection that he/she did not perform the works and transactions carried out in this way, and/or It accepts, declares and undertakes that it cannot avoid fulfilling its obligations based on objection or objection.

    3.10. The Member shall not use the Platform in an unlawful and unethical manner, especially in the cases listed below.

    3.10.1 Using the Platform to create, control, update or change a database, record or directory on behalf of any person;

    3.10.2 Use of all or part of the Platform for the purpose of disrupting, modifying or reverse engineering;

    3.10.3 Making transactions using false information or another person's information, creating fake Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and these accounts are not subject to the Membership Agreement. or using it in violation of the applicable legislation, unauthorized use of another Member's account, being a party or participant in transactions by impersonating another person or under a wrong name;

    3.10.4 Comment and scoring systems; Use for non-Platform purposes, such as posting comments on the Platform outside of the Platform, or used for purposes other than to manipulate systems;

    3.10.5 Spreading a virus or any other malicious software harmful to the Platform, the Platform's database, any content on the Platform;

    3.10.6 Unreasonable or disproportionate load on communications and technical systems specified by the Platform, or damage to technical operation.

    using "screen scraping" software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Platform without the prior written consent of SOOMSA, Unauthorized copying, publication or use of any or all of the content contained in the website.

    3.11. The Member is obliged to carry out the transactions on the Platform in a way that will not harm SOOMSA financially and technically the Platform in any way. Member, Platform use of all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the Platform. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The member also agrees that he will not enter the My Account Page with robot or automatic login methods.

    3.12. It is illegal to use the Platform or the content on it in violation of the terms of use determined by this Membership Agreement or the provisions of the applicable legislation; SOOMSA's related claims, lawsuits and follow-up rights are reserved. 

    4. PRIVACY AND PROTECTION OF PERSONAL DATA

    4.1. Processing of Personal Data:
    SOOMSA is subject to both KVKK (Personal Data Protection Law No. 6698) and EU General Data Protection Regulation No. 2016/679 ("GVKT") regarding the processing of personal data obtained from its Members. SOOMSA collects, uses, transmits and processes personal data from its Users in accordance with Turkey's Privacy and Protection of Personal Data Policy and GDPR Privacy Policy and this Agreement, which can be accessed through the www.soomsa.com platform. Turkey's Privacy and Protection of Personal Data Policy and GDPR Privacy Policy are part of this Membership Agreement.

    In cases where you are not resident in Turkey and you make your payment via Discover, Carte Bancaire, JCB, Maestro, Union Pay, Sofortuberweisung, QIWI, Bancontact, Diners, Hipercard, Sepa Direct Debit and IDEAL card or in the USA via AMEX card, your payments are made by SAHAN Limited . It is processed only by using your order number, without access to your personal data.

    For more information about our use of personal data and your rights in these matters, and

    To obtain information about the protection and processing of your personal data within the scope of KVKK,

    You can access the Privacy and Protection of Personal Data Policy of Turkey from the link [Turkey Personal Data Privacy and Protection Policy] and exercise your rights by sending an e-mail to info@soomsa.com.


    Also,

    If you are a resident of a European Union member country, you can access the GDPR Privacy Policy from the [GVKT Privacy Policy] link and exercise your rights by sending an e-mail to our Data Protection Officer at info@soomsa.com to obtain information about the protection and processing of your personal data under the GDPR.

    The e-mail address with which you contact us must be the e-mail address you submitted during your Soomsa membership process. Requests received from other e-mail addresses will not be responded to unless reasonably demonstrated that you are a Member.

    5. INTELLECTUAL PROPERTY RIGHTS

    “Soomsa” brand and logo, “Soomsa” mobile application and Platform's design, software, domain name and all kinds of intellectual property rights of any brand, design, logo, trade dress, slogan and all other content created by SOOMSA. The right is its own property. The member may not use, share, distribute, display, reproduce or make derivative works from the intellectual property rights owned by SOOMSA or its affiliates without written permission. The Member cannot use the whole or part of the mobile application or Platform in any other environment without the written permission of SOOMSA. In case the Member acts in violation of the intellectual property rights of third parties or SOOMSA, the Member is obliged to compensate all direct and indirect damages and expenses of SOOMSA and/or the third party in question.

    6. CONTRACT CHANGES

    SOOMSA may unilaterally change this Membership Agreement and any policies, terms and conditions on the Platform, including the Privacy and Personal Data Protection Policy, at any time it deems appropriate, by posting it on the Platform, provided that it is not contrary to the provisions of the current legislation. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Platform, and the remaining provisions will remain in effect and continue to have their terms and consequences.

    7. FORCE MAJEURE

    Cyber ​​attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur, including uprising, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, business actions or boycotts, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events beyond SOOMSA's control, not caused by fault and not reasonably foreseeable ("Force Majeure"). SOOMSA cannot be held responsible for its obligations that are hindered or delayed as a result of Force Majeure, and this cannot be considered a violation of this Membership Agreement.

    8. GENERAL PROVISIONS

    8.1. In case of disputes that may arise from this Membership Agreement, the member is obliged to keep SOOMSA's official books and commercial records and e-archive records kept in SOOMSA's database and servers,
    accepts that electronic information and computer records will constitute binding, definitive and exclusive evidence and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

    8.2. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul (Çağlayan) Courts and Enforcement Offices.

    8.3. SOOMSA will communicate with the Member via the e-mail address that the Member provided during registration or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.

    8.4. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability is reached; and other provisions will remain in full force and effect.

    8.5. The Member may not assign its rights or obligations in this Membership Agreement, in whole or in part, without the prior written consent of SOOMSA.

    8.6. Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.

    This Membership Agreement, which consists of 8 (eight) articles, has entered into force as of the moment it is approved by the Member, by reading and fully understanding each provision, and by approval in the electronic environment.