Membership Agreement

This agreement has been signed between Koton Mağazacılık Tekstil San. Ve Tic. A.Ş. resident in Ayazağa Mahallesi Ayazağa Yolu No:3 Çelik İş Merkezi A Blok Maslak-Sarıyer/ İstanbul (to be referred as "Koton" in short hereafter) and the member (“Member”) of www.koton.com internet site (“Site”) under the conditions below.

A. Commencement of the Agreement

The Member may get to use the Site entering the e-mail address and password providing that s/he complies with the prescribed conditions within this Agreement after s/he has completed registration procedures and approved e-mail address. In the event that the Agreement is signed on behalf of a legal entity, the contracting person is to have accepted and undertaken that s/he is authorized to make such a transaction on behalf of the relevant legal entity; otherwise (in case of an authorized transaction) would be personally liable for all the operant actions hereafter.

The Member undertakes that s/he shall be deemed to have acknowledged all the conditions within the Agreement and that these conditions shall be binding for her/him from the moment s/he has commenced to make use of the Site. Koton reserves the right to notice the Member of alterations and modifications in below-mentioned conditions on its own discretion if required as per regulations or this Agreement.

B. Rights and Liabilities of the Member

• The Site is an open site for everyone who is a member of it. Services on the site are free of charge. The Member accepts and declares that when making use of the Site, s/he will act according to the conditions within the Agreement and rules prescribed within given parts of the Site.
• The Member agrees to comply with Code of Obligations, Turkish Penal Code, Turkish Commercial Code, Code of Intellectual and Artistic Works; Laws, Statutory Decrees and other related Legislation Provisions Concerning the Protection of Trademark and Patent Rights, the Law on the Protection of Personal and other relevant legislation along with any announcements and notifications to be published by Koton related to its services when making use of services rendered on the Site. Any legal, penal and financial liabilities to arise from contrary usage against such notifications and laws belong to the Member.
• The Member shall indemnify any loss to be incurred by Koton due to wrongful acts against the liabilities undertaken by her/him via this Agreement, and Koton possesses the specific claim of recourse from the Member related to any compensation, administrative/judicial fine it shall be obliged to pay to the public bodies and/or third parties due to wrongful acts of the Member against the Agreement.
• The Member may not do preventive or obstructive acts against other members or visitors to make use of the Site; may not interlock the servers or databases downloading automatic programs and make fallacious attempts on data; otherwise s/he agrees that her/his membership shall end and s/he shall undertake any legal and penal liability to arise from this case.
• To keep the backup of in-Site correspondences is under the responsibility of the persons themselves and is suggested by Koton. Koton may not be held responsible for loss and deletion of the back-ups due to failure of keeping the back-ups of the correspondences. The Member accepts and declares that when making an entry or doing shopping on the Site, given personal and other information is accurate and that in case of inaccuracy of such information, s/he shall be indemnify any loss of Koton due to this situation in full and promptly. Risks related to links (links that prompt other different internet sites) on the site to provide information and convenience for visitors on Site belong to the Member. These links are allowed by Koton within the content of the Site only to provide visitors information and convenience.
• Audio-graphic contents presented on Site are only for personal use. Right is reserved for all the texts, graphics, videos, pictures, animations and audios taking part in the content of the Site; unless indicated otherwise, it may not be used for commercial or personal purposes without permission and reference. Without permission of Koton, it is forbidden to publish or give a link related to any of the Site materials on any other media platforms or internet sites.
• Works belonging to Koton on Site subject to its copyrights may under any circumstances not be used, sold out, shared, distributed, exhibited, copied, processed and subject to derivative works by the Member. Otherwise, the Member accepts and declares that s/he shall be liable for the entire loss incurred or to be incurred by Koton. It is strictly forbidden to copy or make use of the software used during the design of pages and creation of database any right of which belongs to Koton.
• The Member may not delete or extract any notes within the scope of copyrights, trademarks and Code of Intellectual and Artistic Works upon any material copied from the Site or printed via the printer.
• Interrelations of the Site users among themselves or with third parties are under their own responsibility. Koton gives great importance to ensuring that the personal data provided by the Member to benefit from the services provided on the Site is processed, protected and its security is ensured in accordance with Law No. 6698 on the Protection of Personal Data. In this context, Koton may collect the personal data provided by the Member, in accordance with the Privacy and Cookie Policy provided on the Site and may ensure its security, preserve, use, transfer and process such personal data through other means in accordance with Article 12 of Law No. 6698 on the Protection of Personal Data. The Privacy and Cookie Policy constitutes an inseparable part of this Agreement. Koton, expressly and with its free will, gives consent to the collection, use, transfer, and processing of its personal data in other means in pursuance with the Privacy and Cookie Policy by utilizing services provided on the Site and/or creating an account in the Site. For more information on the conditions for use of personal data and your rights thereof, you may review our Privacy and Cookie Policy and you may use your rights by sending an e-mail to mim@koton.com or by calling 0090 212 331 33 00. Personal information and data disclosed by the Member on the Site may be used, stored and shared by Koton or its business partners located in Turkey or foreign countries in accordance with the Privacy and Cookie Policy with the purposes of fulfilling the obligations set forth by this Agreement, to carry out the necessary activities for the operation of the Site and to carry out advertising, marketing and other commercial communication activities by Koton. The Member acknowledges and declares that he/she gives consent to the use and storage of his/her information by Koton in this manner. Koton will take all necessary measures to ensure the security of such information. The Member shall have the right to make changes on his/her personal data any time he/she wishes. The Member, however, gives consent that the information and personal data provided by him/her may be shared with Koton’s subsidiaries for the purpose of provision of special advantages to the Member and notification of any communication activities with sales, marketing and other similar purposes.

C. Rights and Liabilities of Koton

• In case of below mentioned cases, Koton has the right to cancel all the rights arising from the law as well as related operations, to stop the use by the Member, to terminate the membership of the Member and to cancel this Agreement unilaterally promptly: In case of recording wrong, irregular and misleading information on Site which contains statements inappropriate with reference to public decency and laws of Republic of Turkey;
• In case works or data partaking in the Site are used or tried to be used copying them partially or completely; Where a disclosure with the third parties comes up related the rights of use of information such as user name or password given to the Members by Koton or determined by them as a result of being a member of the site, the Member is directly responsible for misuse of her/his password by other persons. Accordingly, the Member may not make use of IP address, e-mail address, user name and miscellaneous information belonging to others on the internet where s/he also may not reach or make use of private information of the Members without permission. Any legal or penal liabilities to arise from such use belongs to the Member;
• In case software that may threaten the general security of the Site, prevent the running of the Site and software used are applied align with related operations to be done or tried to be done, and information is obtained, deleted or changed; In case the Member damages Koton taking advantage of any deficit of Koton campaigns, sales system or the Site (technical, etc.), obtains an unfair advantage, and a misuse of sales system or the Site in a manner of repeated applications is determined by Koton; In case the Member does an act against the conditions within the Agreement, prescribed rules within the given parts of the Site and applicable legislation when making use of the Site or doing shopping;
• Koton, while reserving its rights to permanently or temporarily suspend the services provided unilaterally, to change the content of the services or revoke the services and excluding technical failures, undertakes to ensure that the Member benefits from the services described under the Agreement and that the information disclosed by the Member will not be shared with third persons except for legal obligations and the conditions indicated. In the event that a Member is found to cause any electronic sabotage and/or offense which may interfere with the operation of the Site or a criminal complaint or a request for official investigation is submitted by official authorities, Koton reserves the right to investigate and disclose the personal information of the Member. Member shall act in accordance with the provisions listed above. Otherwise, Koton has the right to terminate this Agreement promptly. As regards the Member, s/he accepts and declares that s/he has read and understood this Agreement align with an approval from the moment s/he started to make use of the Site.

D. Assignment, Scope and Term of the Agreement and Enforcement

• The Agreement shall be void immediately and automatically without any notification in case of termination of the membership or any of the cases of termination considered within the Agreement The Member accepts in advance that where required by Koton, it may cancel the Site membership and terminate this Membership Agreement providing that it notifies the Member of the reason.
• Koton may make amendments within this Agreement unilaterally any time and with no prior notification to ensure the continuity of its undertaken services. Providing that the final objective of the Site and services rendered remain the same in principle, Koton has the right to suspend the services temporarily or permanently, make modifications on or cancel the content of the Site, including announced prices, without any justification and unilaterally. Where necessary, Koton shall announce the updated membership conditions align with updated date under the same link on the Site and notify this to the Member. Updated membership conditions shall be valid as of the announcement and use of the Site or services shall be bound to the current membership conditions as of that very moment. Different rules and obligations may be determined for some certain parts of the Site which are exclusive to the given part. The Member making use of such parts is deemed to have read and understood the relevant rules.
• The Member irrevocably accepts and declares that Koton may assign the Agreement to third parties and that it allowed the assignment of the Agreement in advance via this Agreement as per Article 205 of Code of Obligations.

E. General Provisions

• Validity, interpretation and performance of this Agreement are subject to laws of Republic of Turkey. İstanbul Central Courts and Enforcement Courts are authorized to resolve the disputes to arise from the implementation of this Agreement. The email address given by the Member upon being a member of the Site is regarded as the legal notice address for any notification in the future related to this Agreement.
• Where parties fail to notify the other party about changes in current email addresses within three (3) days, they undertake that notifications to be made to the old email addresses shall be valid and deemed to have been received by them. Any notification made using the registered email address of the Member shall be considered as having reached to the Member one (1) day after the email has been sent over by Koton. The Member accepts and declares that s/he has read, understood and accepted all the articles within this Agreement and approved the accuracy of given information.

F. Contact Information of the Company

• To get further information, please contact koton.com via contact information or via telephone number and e-mail address mentioned below any time. Koton Mağazacılık Tekstil Sanayi ve Ticaret A.Ş. Adres: Ayazağa Mahallesi Ayazağa Yolu No:3 Çelik İş Merkezi A Blok Maslak-Sarıyer/ İSTANBUL Telephone: 0850 208 71 71 Customer Services: info@koton.com.tr

Privacy and Cookie Policy

• This Privacy and Cookie Policy explains in general;
• a. types of the personal data collected by Koton Mağazacılık Tekstil San. Ve Tic. A.Ş. (“Koton”) through its website www.koton.com (“Site”), how your personal data is being used and with whom Koton may share your personal data,
• b. rights you have regarding your personal data which is processed by Koton and how you can use your rights thereof, and c. Cookie Policy and the purposes of the cookie use.
• Why Do We Process Your Personal Data? Which Personal Data Do We Process?
• We process certain personal data which directly or indirectly identifies the Member, including but not limited to name, surname, email address, phone number, gender, date of birth, Turkish national identity number, tax identity number, personal areas of interest, invoice and delivery addresses and in the event you connect with a social media account; other information allowed to be shared through such media, in order to provide a better service to you; to carry out and complete your ordering process and communicate with you during your ordering process; to provide information about products, services, campaigns and promotions; to understand your shopping preferences better, to conduct trend analysis and statistical analysis, and to strengthen the Site's security and to fulfill our obligations arising from the relevant legislation including Law No. 5651 on the Regulation of Publishing on the Internet and Prevention of Crimes Committed Through the Internet, Law No. 6563 on Regulation of Electronic Commerce, Turkish Criminal Code No. 5237, Law No. 6698 on the Protection of Personal Data and other relevant laws and secondary legislation. Apart from this data, we also collect and process mass statistical data which does not contain personal data, such as site visit frequency and time, ordering time and IP address at the time of order, statistics on the product pages which are visited and products that are ordered, to analyze and understand visitor behaviors and preferences. We process and store this personal data based on your explicit consent, to ensure that you benefit from the services we offer on the Site, provided that such data is not used except for the purposes and scope set forth in this Privacy and Cookie Policy and the information security measures are taken.
• We use some personal data we collect on the data bank, for periodical campaigns to be sent at regular intervals, customization of special promotional activities for customer profiles and customer classification studies to avoid spam emails, provided that such data is not disclosed to any person not related to Koton.
• When you use a credit card to pay for the product price, you agree that your credit card number, credit card expiration date, CVV2 code and similar information may be shared with banks. However your credit card and/or debit card information used during order creation is not stored in our systems under any circumstances.
• Koton is free to restore any sort of records for the membership accounts that are terminated, provided that such records are anonymized. Member is not entitled to any right or compensation with respect to anonymized records.
• We may share your personal data with third parties with whom we cooperate to provide our services (companies that provide services such as cargo, shipping, call centers, databases, etc.) and government officials as required by our statutory obligations. To fulfil its legal obligations and to ensure your security, Koton may share your personal data relating to your visit to the Site or your membership, and your traffic information such as surfing information with public institutions and organizations that are legally entitled to request such information. We will not, however, use your personal data for any commercial purpose or share it with third parties, except as required by the activities listed above and the relevant legislation.
• What Are Your Rights Regarding Your Personal Data and How Can You Use Your Rights?
• Koton is obliged to keep the Member's information which is legally required to be stored. However, the Member reserves the right, at any time, to request information regarding and to access the personal data relating to him/her, to request any such data to be corrected or deleted and to request information as to whether the data has been used for legitimate purposes.
• In accordance with Article 11 of the Law on the Protection of Personal Data, to the extent that your data has been processed by Koton and Koton has acted as data controller with regard to your data, you may resort to your rights listed below by calling 0212 331 33 00 or by sending an email to mim@koton.com
• a) ask whether any of your personal data is being processed,
• b) request information with regard to the processing activities,
• c) ask the purposes of the processing,
• d) in the event your personal data is being shared with third persons within or outside the country, request information on such third persons,
• e) request correction of the personal data if the data is processed incompletely or inaccurately,
• f) request the deletion or disposal of personal data if the reasons for the processing of the personal data no longer exist or if the Company has no legal grounds or legitimate interest to process such data;
• g) request from the Company to ensure that the third persons who process personal data under the authorization given by the Company respect your rights described under this section,
• h) object to negative consequences that may occur as a result of the processing of personal data by automatic means, and
• i) request indemnification if the you have incurred damages due to illegal processing of your personal data.
• You can always update your membership and communication preferences by logging into the system.
• How Long Is Your Personal Data Stored?
• In accordance with Law No. 6563 on Regulation of Electronic Commerce, records of withdrawal of consent will be kept for 1 year from the date of withdrawal; the contents of the commercial electronic communications and any other record relating to the posts will be kept for 3 years to be submitted to the relevant ministry when necessary. Following the expiration of the said periods, your personal data will be deleted, destroyed or anonymized by our company or upon your request.
• What Is a Cookie and How Are They Used?
• Cookies are files created by the websites you visit. Cookies store your browsing information such as site preferences or profile information. When you visit the Site, Koton is installed by your browser and stored on the device through which you have entered into the Site. Cookies are necessary to make browsing easier during your visit and make the Site user-friendly and they will not harm your device. Koton tracks your browsing information on the Site and/or your membership history on the Site to be able to carry out special advertising activities, to offer you promotions and marketing offers, to improve the content of the Site for you and/or to determine your preferences. Koton may match the information collected from you on the Site in different ways and at different times, such as information collected online and offline, and may use such information together with the information collected from other sources, such as third parties. Such matching and use will only be conducted within the purposes and the scope established in this Privacy and Cookie Policy. Koton may also use cookies to present you the advertisements Koton thinks you may be interested in when you visit search engines, the Site and/or the websites where Koton places advertisements. While Koton is presenting these advertisements, a third party cookie may be placed in your browser so that Koton can recognize you.Information stored in cookies on the Site may only be used by Koton, except for the cookies used and managed by external organizations to provide the services requested by us in order to improve the experience of the users during their visit on the Site and "third party cookies". The main purpose for use of these "third party cookies" is to obtain access statistics and to ensure the security of the payment transactions performed.
• We do not store sensitive information like your password or credit or debit card information in the cookies which we use. Information about the cookies we use to collect your browsing information will be provided on the pop-up screen when you first visit the Site.
• If you choose to avoid using cookies on the Site in light of the limitations explained above, you will first need to disable the cookie feature on your browser and then delete the cookies which were recorded and were associated with this Site. You may disable the cookie feature at any time you like. However, avoiding cookies may result in the inability to benefit from certain services offered on the Site. How Is Your Personal Data Protected?
• Koton gives great importance to the protection of your personal data. Koton takes necessary measures to protect your personal data against unauthorized access and to prevent loss, misuse, disclosure, alteration or destruction of such information.
• Koton undertakes to take all necessary physical, technical and administrative measures and to act with due care to keep your personal data confidential and to ensure privacy and security of your personal data. In the event that your personal data is damaged or obtained by third persons as a result of the attacks on the Site and the system despite the necessary information security measures taken by Koton, Koton will immediately notify you and the Personal Data Protection Board thereof and take the necessary measures. Changes
• Koton is entitled to make changes at any time on this Privacy and Cookie Policy. These changes will immediately take effect upon publication of the amended new terms and/or policies on the Site. In such a case, necessary information will be communicated to our Members.