Okulistik Membership and Confidentiality Agreement

ARTICLE 1

TEKNOLİST:

• TEKNOLİST BİLGİSAYAR SİSTEMLERİ YAZILIM YAYINCILIK SAN. VE TİC. AŞ
• Address: Koşuyolu Mahallesi, İmar Limited Sokak No:1, 34718 Kadıköy / İstanbul
• Phone: 444 3619
• MERSIS Number: 0 836 016 5871 000 16
• E-mail: destek@okulistik.com

Will be hereby addressed as TEKNOLIST Consumer.

Member:

• Persons that will be using services and producsts belonging to TEKNOLIST, namely the education platform at www.okulistik.com and content offered.
• Name Last Name / Title:
• T.C. Identification Number:
• Address:
• Phone:
• E-mail:

ARTICLE 2

Subject of the Agreement:

The subject of this agreement is to determine the parties’ rights and liabilities regarding the scope of membership applications in electronic media for TEKNOLİST’s website containing educational support contents (OKULİSTİK www.okulistik.com ) and other websites belonging to our company as per the provisions of Consumer Protection Law and Personal Data Protection Law no. 6698.

ARTICLE 3

Okulistik Membership:

www.okulistik.com belongs to and is operated by Teknolist Bilgisayar Sistemleri Yazılım, Yayıncılık San. ve Tic.A.Ş.

Okulistik membership is free for parents, teachers, administrators and students. However, TEKNOLİST has the right to determine which content will be provided free of charge for the listed membership types and which content will be provided with the purchase of paid membership. TEKNOLİST may exercise its right to change the above information without the need for any warning or notification. The usage of the membership type selected by the user cannot be leased or sold to third parties for a fee or free of charge.

ARTICLE 4

RIGHTS AND LIABILITIES OF THE PARTIES

• 4.1. The member declares and undertakes that the information he/she provided while becoming a member to Okulistik reflects the truth, and he/she shall fully and immediately compensate all losses that TEKNOLİST may incur due to incorrectness of such information.
• 4.2. The member should log in to the website by using the “user name” and “password” that he/she created while subscribing. The member should not give its password to other persons or organizations. Only the member has the right to use this password. This right of usage is limited to the membership package selected by the user, and cannot be leased or sold to third parties for a fee or free of charge. All responsibility arising therefrom belongs to the member. TEKNOLİST has all kinds of rights to request compensation for the unauthorized usage by the member.
• 4.3. The member shall not, under any circumstances, use OKULİSTİK and the company’s other websites for purposes against public order and general moral principles, contrary to law, disturbing and harassing others, and violating property rights and copyrights of others. Moreover, it is prohibited to send obscene materials; hate speech targeting a community’s race or ethnicity, religion, incompetence, gender, age, length of service or sexual orientation/sexual identity; other behavior imitating, misleading or intending to mislead others; posts containing users’ credit card number, T.R. ID number, social security number, driving license number or other identity numbers or other information that cannot be accessed by everyone; posts on illegal or dangerous activities; messages containing viruses, worms, Trojan horses, malware or other destructive elements; contents that may damage or affect the operation of networks or Teknolist’s or any third party’s infrastructure; spam, malicious command files and password cracking attacks to and/or via the platform.
• 4.4. The member declares and accepts that he/she consents TEKNOLİST to use his/her personal information in research about the users’ preferences and interests for the purpose of providing better services to its users, improving its products and services, and facilitating the use of the website, as well as to keep record of his/her activities on OKULİSTİK, use and process cookies, and contact him/her.
• 4.5. TEKNOLİST shall not be responsible for member data being read by unauthorized persons or for damages to member software and data. The member has accepted beforehand not to claim compensation from TEKNOLİST for any damages he/she may incur due to the use of Okulistik and the company’s other websites.
• 4.6. The member declares and accepts that he/she consents TEKNOLİST to offer him/her product and service presentations, ads, campaigns, advantages, questionnaires and other customer satisfaction measures within the scope of practices that are currently in force and/or will be brought into force; and to contact him/her for this purpose by using internet, telephone, SMS, e-mail, distributor etc. The member declares and accepts that he/she consents the collection, use and archiving of personal information he/she provided while becoming a member and/or by other means in the past, and/or will provide in the future, as well as his/her shopping and/or consumer behavior for the abovementioned purposes. The member declares and accepts not to claim compensation for any direct and/or indirect, tangible and/or intangible, positive and/or negative damages, and not to hold TEKNOLİST responsible because his/her information is accessed.
• 4.7. TEKNOLİST shall keep its members personal information confidential and not share it with third parties.
• 4.8. TEKNOLİST reserves the right to change the contents of the website any time it wishes, to modify or terminate any service it provides to users, and to delete the registered user information and data it has stored.
• 4.9. TEKNOLİST may change, update or cancel its membership and confidentiality agreement at any time without the need for any notification and/or warning under any circumstances and in any way. Each provision changed, updated or cancelled shall be in effect for all subscribers on the release date.
• 4.10. Regarding the services to be provided within the scope of this agreement, TEKNOLİST shall not be held responsible for the noncompletion and cancellation of transactions due to all kinds of technical faults or problems. Regarding the contracted services to be provided to the member, TEKNOLİST may suspend or completely discontinue provision of services without giving any reason. Regarding the services provided, situations such as the suspension or discontinuation of the service due to government agencies’ decisions, legal practices, legal or technical problems and necessities are considered force majeure events, and TEKNOLİST shall not be responsible in such cases.
• 4.11. TEKNOLİST is entitled to send notification e-mails to members’ registered electronic mail addresses and notification SMSs to mobile phones as per this membership agreement. Upon confirmation of this subscription agreement, the member shall be deemed to have accepted that notification e-mails to his/her electronic mail address and notification SMSs to his/her mobile phone are sent. In the event of opting out of receiving e-mail and/or SMS, the member may submit this request via OKULİSTİK Call Center with number 444 36 19 or e-mail address destek@okulistik.com
• 4.12. The parties accept and undertake that all computer records of TEKNOLİST will be taken into consideration as valid, binding, final and exclusive evidence pursuant to Article 193 of Civil Procedure Code, and constitute an evidential contract.
• 4.13. The member accepts and undertakes that the copyrights of all products and services, information, visual and audio elements and electronic materials on www.okulistik.com as well as TEKNOLİST’s other websites and platforms belong to Teknolist Bilgisayar Sistemleri Yazılım Yayıncılık San. Ve Tic. A.Ş. TEKNOLİST accepts and undertakes not to copy, reproduce, transfer, change, adapt, translate, decompile, apply reverse engineering on,disassemble or use for commercial purposes any contents, files, visual and audio elements, electronic materials, information, all products and services on the website. Otherwise, legal proceedings shall be taken against it within the scope of the provisions of Law no. 5846 on Literary and Artistic Works.

ARTICLE 5

Cancellation and Withdrawal

The member has the right to reject the services and withdraw from the agreement without assuming no legal and criminal liabilities and giving any reason within 14 (fourteen) days after starting the membership. The membership is cancelled after the withdrawal notification is delivered to TEKNOLİST via e-mail, fax, courier or similar communication channel. One of the following communication channels may be preferred for withdrawal notification.

Withdrawal Notification

• E-mail: destek@okulistik.com
• Adress: Koşuyolu Mahallesi, İmar Limited Sokak No:1, 34718 Kadıköy / İstanbul

ARTICLE 6

TERMINATION OF THE AGREEMENT

TEKNOLİST may cancel the membership and unilaterally terminate the agreement without giving any reason or notification if it is convinced that the member uses his/her password against the provisions of the agreement, benefits from the service incorrectly or contrary to laws and honesty rules, and acts in contradiction to his/her contracted liabilities. The member accepts and undertakes that he/she accepts such issues and will not request compensation from TEKNOLİST under any name due to termination of his/her membership.

ARTICLE 7

CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

• 7.1.TEKNOLİST attaches particular importance to process, secure and protect the members’ personal information in accordance with all kinds legislation including Personal Data Protection Law no. 6698. TEKNOLİST collects, uses, transfers and processes the members’ personal data in accordance with the confidentiality and security policy in Article 8 of this agreement. The confidentiality policy constitutes an integral part of this agreement. By benefiting from membership services and/or creating a membership, the member has consented to the collection, use, transfer and processing of his/her personal data as explained in the confidentiality policy. For more information on the conditions of using personal data and your related rights, you can call OKULİSTİK Call Center with number 444 36 19, or exercise your rights by sending an e-mail to the address destek@okulistik.com You can access TEKNOLİST’s information letter on Personal Data Protection Law here.
• 7.2. Personal data that the member declares and consents to share are collected, stored, processed and used by TEKNOLİST or its partners in order to fulfill the liabilities determined with this agreement; perform the applications required for the use of product and membership; create and offer various advantages for the member; and carry out member-specific sales, marketing, questionnaires, all kinds of electronic communications for similar purposes, and statistical studies.
• 7.3. The member accepts and undertakes that he/she consents TEKNOLİST to use and store his/her personal data and information in this manner. TEKNOLİST shall take all necessary measures to store such personal data and to prevent unauthorized access and illegal data processing as per Article 12 of Personal Data Protection Law no. 6698. The member is entitled to exercise his/her rights on his/her personal data and change or update such information at any time as per Article 11 of Personal Data Protection Law no. 6698.
• 7.4. Some cookies may be used in order to offer you a personalized and perfect experience during your use of TEKNOLİST’s websites and develop our services, ensuring that your basic rights and freedoms are not harmed within the scope of our legal interests. For detailed information on this issue, you can access TEKNOLİST’s cookie policy here. The member accepts and undertakes that he/she understands the use of cookies in TEKNOLİST’s websites by accepting this membership and confidentiality agreement, and will not request compensation from TEKNOLİST under any name.

ARTICLE 8

TEKNOLİST CONFIDENTIALITY AND SECURITY POLICY

• 8.1 TEKNOLİST respects its users’ confidentiality right, and sets the aim of offering the best experiences and products.
• 8.2 You should become a member to benefit from the contents of www.okulistik.com and other websites, all rights of which belong to TEKNOLİST. Communications in registration, payment and login are guaranteed with OKULİSTİK’s security certificates. Message security cannot be guaranteed in the event that the message in electronic mail communication is not encrypted, and the user is responsible for the security of electronic mails they will send. www.okulistik.com and the company’s other websites may provide links to other websites that do not belong to TEKNOLİST. While visiting any one of such websites, the member is responsible for reviewing the accuracy and reliability of the website. TEKNOLİST reserves the right to change all products and services, pages, information and visual elements on the website without advance notification.
• 8.3 OKULİSTİK membership only belongs to the member. The membership information cannot be shared with third parties in a way contrary to the law. The member and TEKNOLİST are jointly responsible for the security of such data as per the related law.
• 8.4 Copyrights of contents, information, materials and visual elements on OKULİSTİK and related arrangements belong to TEKNOLİST. They cannot be copied, distributed, leased, reproduced, sublicensed, changed, decompiled, reverse engineered, disassembled or used for commercial purposes.
• 8.5 Information on these websites is provided “as is” and “as available.” TEKNOLİST does not guarantee the accuracy, adequacy and completeness of such information, and expressly declines the responsibility arising from defects and incompleteness of such information. It does not give any implicit, express or legal guarantee including but not limited to guarantees on non-infringement of third party rights with this information, ownership, suitability for a particular purpose and/or absence of computer viruses. TEKNOLİST shall not be held responsible for any damage and loss arising from the use of www.okulistik.com website, including but not limited to direct or indirect damages, losses and expenses as a result of performance faults, errors, deficiencies, interruption, negligence, delay in operation and/or transfer, computer viruses and/or line and/or system faults, although it is informed on the possibility of such damage and loss.
• 8.6 Information collected by TEKNOLİST from its users is only the information permitted for collection within the framework of related legislation. Your information and personal data are secured with administrative, technical and physical protection within the scope of Personal Data Protection Law no. 6698. Your information is transferred only when necessary for the performance of our activities, and it is not shared with 3rd parties. Pursuant to Personal Data Protection Law, your personal data -defined as all kinds of information belonging to identified or identifiable real persons- may be processed in the event that you use products and services offered by TEKNOLİST, log in to or use www.okulistik.com or TEKNOLİST’s other websites, call our company or OKULİSTİK Call Center, and participate in all kinds of activities and organizations held by our company. This data processing may be oral, in written or in electronic media.
• 8.7 Although your personal data vary depending on services provided and activities carried out by TEKNOLİST, they are shared with related units of TEKNOLİST within the meaning and scope specified in Personal Data Protection Law no. 6698 for the provision, development and improvement of products and services offered by TEKNOLİST, and processed as per Articles 4, 5 and 6 of Personal Data Protection Law in order to create profiles in line with personalization, expectations, usage habits, likes and needs; develop new service branches; ensure security and supervision; manage customer evaluation and complaint processes; create and offer various advantages; send all kinds of communication messages for sales marketing and similar purposes; and realize adaptation, human resources and similar processes. Your processed personal data may be transferred within or outside of the country when requested by authorized public and private institutions and organizations, and only for abovementioned purposes as specified in Articles 8 and 9 of the related law.
• 8.8 In order to exercise your rights under Personal Data Protection Law no. 6698, you can deliver by hand a signed copy of Personal Data Protection Law request form -accessible at kvkk_talep_formu.rtfwhich contains your explanations on the right you want to exercise (from among the rights specified in Article 11 of PDP Law), together with your identity documents to the address “Koşuyolu Mahallesi, İmar Limited Sokak No:1, 34718 Kadıköy / İstanbul” , or send the same via public notary, other methods specified in PDP Law or secure electronic signature to the address destek@okulistik.com Regarding your personal data; you have the right to;
  
  • a) learn whether they are processed or not,
  • b) request information if they are processed,
  • c) learn the purpose of processing and whether they are used in compliance with the respective purpose,
  • d) request correction if they are processed incompletely or inaccurately,
  • e) request deletion or destruction within the framework of the circumstances stipulated in Article 7 of PDPL,
  • f) request that the third parties they are transferred to are informed on the transactions as per clauses (d) and (e) above,
  • g) object to any unfavorable circumstances arising from the exclusively processed data by means of automatic systems,
  h) claim for damages if you suffer loss as they are not processed in accordance with law.
  Regarding your request, TEKNOLİST may require information for confirmation. TEKNOLİST reserves the rights and liabilities to store your personal data, which it processes in accordance with Personal Data Protection Law, for periods specified in related legislation and laws. You can access TEKNOLİST personal data storage and disposal policy here

ARTICLE 9

SETTLEMENT OF DISPUTES

Regarding the all disputes that may arise from this agreement; Provincial or District Consumer Arbitration Committee at the place the CONSUMER'S transaction was carried out or the CONSUMER'S residence is located is authorized for disputes up to the amounts announced by the Ministry of Customs and Trade every year, and Consumer Courts at the place the CONSUMER'S transaction was carried out or the CONSUMER'S residence is located are authorized for disputes above such amount.

ARTICLE 10

EXECUTION

Registering a membership means that the member has read and accepted all articles in this membership agreement. This agreement was signed in electronic media at the time of membership, and entered into force in a mutual way.