Date of Enforcement: 4 January 2018
ATÖLYE YARATICI PROJE GELİŞTİRME EĞT. DAN.TASARIM HİZ.VE TİC.AŞ.’ye (“ATÖLYE”) having its residing place of business at Merkez Mah. Birahane Sok. No:1/E F Blok Bomonti- Şişli/İst owns the website www.imece.com (“Site” of “Website”) and allows access to the Website.
The Users and the Contributor declare and undertake that they accept and bound with all terms and conditions hereunder by the access to the Website.
ATÖLYE, the User and the Contributor are hereinafter referred to individually as a “Party” and jointly as the “Parties”. The Users who make Contributions shall also be referred as Contributor.
- Rights and Obligations of the Parties
1.1. The User and the Contributor may view the Website to obtain information and for personal use and make Contributions to the Projects with the access through their personal social media accounts.
All access and actions taking place beyond above (i.e. making use of the right to contribute to any third party, authority, company etc. with or without charge) shall be deemed illegal.
1.2 User and the Contributor declare that they are over age 18 and have the legal capacity to act.
1.3 The Contributor declare and undertake that
1.3.1 Without being limited to the counts, the Contributions shall not be defamatory, derogatory, abusive, gendered discourse, racist, slanderous, insulting, threatful or harassment contented, illegal, immoral and slang, and that in such case all legal, administrative and criminal responsibility of such actions and transactions will exclusively be on the Contributor.
1.3.2 He/She is contributing voluntarily with no request of personal claim from ATÖLYE in course of Turkish legislation mainly as per Law No: 5846 on Intellectual Property and Artistic Works and Law No:6769 on Industrial Property Rights and that any third party and project owner can make use of the Contribution itself and/or its subject, improve it and further produce as a work of art, and that the Contributor will not claim or assert any intellectual and industrial right on the work.
1.3.3 The Contributions do not infringe any third party right including intellectual and industrial property rights, if so ATÖLYE would have right to recourse the damage and the outcomes of the infringement.
1.3.4 He/She is personally responsible of the personal data, social media account information, password privacy and security which enables the Contribution. Acces through social media accounts and all activities performed in the Website shall be deemed performed by the Contributor. On contrary case, the damage and the outcomes of the infringement shall be recoursed to the Contributor. In case the Contributor acquaint with unauthorized use and any kind of security infringement, he/she must inform ATÖLYE in this regard.
1.4. The Contributor accepts that ATÖLYE will always assess the eligibility of the Contribution as per Article 1.3. at first and publish them upon approval and that ATÖLYE may not approve publication of the Contributions or remove the published ones, restrict the Website access fully or partially without showing a valid reason or remove. ATÖLYE’s approval on the Contribution does not eliminate sole and exclusive responsibility of the Contributor and does not charge responsibility on ATÖLYE.
1.5. The Contributor accepts, declare and undertake not to share campaign and promotion content, contest, drawing, promotion offer and announcements on the Website.
1.6. The Contributor accept and declare that the project owners and the third parties are not obliged to improve or use the Contribution.
1.7. It is strictly forbidden for the User and the Contributor to perform damaging acts against ATÖLYE security systems, to ATÖLYE and other users, attempt to restrict access to ATÖLYE systems or the other users’ to utilize Website and system to overload systems for such outcomes, to access the third party information, content, Website source codes or ATÖLYE systems without any authorization, to copy, remove, change such data or make attempts in this regard, to use or try to use softwares which would disable Website operations, to interrupt operations of or damage all software, hardware and servers, to make reverse engineerings out of them, to make cyber attacks, hold busy or interfere into such acts, to access ATÖLYE servers. The User accept and declare that he/she shall not compete with ATÖLYE or the Website in terms of the conditions set forth above or support any third party in this regard.
1.8.1 Is the owner of the Website and the Website content including all information, visual, material, document, design etc. ATÖLYE may determine and curate, update, change, remove or deny access the Website content upon its own discretion
1.8.2 Exclusively holds the power of allowing access to Website without showing a valid reason,
1.8.3 May use the Contribution with the third parties, in such cases all Parties ATÖLYE or all other collaborative parties shall be free of liability.
- Rights In Course of Law on Intellectual and Artistic Works and Industrial Property Law
2.1. All writings, information, interpretation, opinion, news, content, visual,photo, video, image, design, picture, trademark, logo, figure, graphic, illustration and Website database including the Website design are a production, by means of law, work or art (“Work”) and belongs to ATÖLYE and/or any other third parties. The intellectual and industrial property rights of Work(s) are under protection of relevant legislations. The Users only have right to use the Website and shall not be granted with any intellectual and industrial property right over the the Works(s). The ownership and the power to use of all visuals, designs, writings, logos, graphics within the Website and ATÖLYE system belongs to ATÖLYE. The User shall not copy, reproduce, translate, download, upload, use without making a reference, process, adapt, spread, publish, declare to public, represent and make any other kind of use or interference into the Work(s), shall not make and excessive use and exploitation beyond ordinary legitimate use and/or shall not act within unfair competition without prior explicit consent of ATÖLYE’s and/or the work/ performance/product/design/trademark/patent holder. The User shall further not allowed to interfere in, remove, change, reverse engineer the numbers and/or codes representing the content information. The User hereby accepts and declare that if any intellectual and industrial property rights of the Works displayed in the Website infringes, such infringement would have legal and criminal consequences before both ATÖLYE and Work/Rights Holder.
2.2.ATÖLYEis the owner of the intellectual and industrial property of the information and the software which used for Website design, content and the database and in an infringement case the User and the Contributor shall indemnifyATÖLYE’s damage.
2.4. The Contributor accepts and declare that his/her Contribution can be used and shared by any third party in the Website or in any other channel and ATÖLYE shall not be responsible of third party infringements on intellectual and industrial property rights and the incurred damages in this regard.
- The Limits of Responsibilities
3.1 ATÖLYE provides the Website “AS IS”, and does not make any declaration or commitment on excellence, correctness or capability of fulfilling personal needs of the Users and the Contributor. The User and the Contributor further accept and declare that the Website may have technical breakdowns or access failures.
3.3. The Contributor is sole and exclusive responsible of the his/her Contribution to the Website therefore all loss and damages arising from the Contributions shall be recoursed to the Participant.
3.4 ATÖLYE is not responsible of researching or detecting accuracy, reliability, originality of the shared content.
3.6. The Contributor hereby undertakes that he/she is allowed to provide links of third party websites and/or platform, files and content on third party services/products which are not under control of ATÖLYE and that such Contributions does not mean any support for the Website or operator/service providers or guarantee declaration for the Website content and that ATÖLYE shall not be responsible of any product, service or content, file, platform provided through the links in any circumstances.
3.7. The User accepts that the quality of accessibility to the Website content is affiliated with the User device and the service quality of the internet service provider, therefore ATÖLYE hereby declares that no responsibility shall be attributed to ATÖLYE of any service quality problem. The User further accepts that the Website can be blocked off for any kind implementation or technical improvement.
- Breach of Obligations
ATÖLYE may temporarily or permanently detain access to the Website if the User does not obey these Terms, if the activities of the User and the Participant are risky for legal, technical and information security fields or it infringes any obligation against Website or for any reason.
- Dispute Resolution
Any dispute arising that may arise between Parties relating to this Terms and Use shall be resolved in İstanbul Merkez (Çağlayan) Courts and Execution Offices.
6.1. ATÖLYE shall not be in breach of its obligations under this Agreement if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure. Force majeure means any circumstance not within the reasonable control of the Party affected including but not limited to act of god (i.e. thunderstorms, floods, fires etc.), explosions, riot, war, strikes, lockouts, breakdowns in telecommunication infrastructure, cyber attacks, power cuts, specific incidents of exceptional adverse weather conditions
ATÖLYE is committed to respecting the privacy and protection of the visitors’ personal and non-personal data when browsing the Website.
What Type of Data Are Collected?
The Personal Data are (i) contact details (i.e. name, surname, phone number, e-mail address, cv, etc.) and (ii) personal information (i.e. date of birth, National ID number, education information, cv, etc.)
ATÖLYE receives such personal data when its visitors fill out the form on the Website for newsletter subscription or when the visitors make job applications announced through the Website.
Such data are only used and processed through the purpose of use provided by our visitors. In other words, we may send e-newsletters and informative e-mails to you.
Our visitors hereby accept and declare that, they share their personal data, as per Law No 6698 Article 5/1 and Article 6/2, at their own free will and express consent and that such data are requested by ATÖLYE for a better quality service and to make them informed about their applications or complaints and the events and updates announced on the Website.
The non-personal data includes the data which do not give out ay information about the identity of the visitor such as the data of the accessed website, IP address of your device, visit details including access time, browser type and referring URL, device designator, operating system type, standard web diary data, location data and other information. The web diary data includes the type of browser and the traffic between the visitors and the Website. ATÖLYE collects such non-personal data during the access of its visitors to the Website.
We use the help of the Google Analytics to improve our Website, make it more practical, efficient and secure. In each visit to our Website or contact and interaction with us, Google analytics collects data on accessibility and Website use automatically and during such process cookies, flash cookies and web analysis may further be enabled to receive the information.
Such non-personal data gathered through access to our Website are used for market investigation, planning, statistical analysis, commercials etc.
The Data Received From Third Parties
If the you enabled access, we may reach to your personal data from other third party sources (i.e. all websites or online platforms such as other social media accounts which reserves personal data). This type of data may also include, the data collected from commercial sources such as the administrative databases and data collectors and third parties. The personal data types that will be collected in such sources are generally name, surname, address, age and also information on your lifestyle such as shopping habits, likes, areas of interest, etc. and ,within the scope of the legislation, the personal data created by the visitor.
How the collected personal data is used?
ATÖLYE, processes all collected personal and non-personal data, as per Article 4 of the Law No: 6698 in line with the law and in good faith, correctly, up to date, specific, explicit and legitimate way, also within the scope of purpose and in a limited and restrained way in line with Article 5 and 6.
The processing of the personal data means collecting the data through fully or partially automatic system or through manual way but integrating it into a data record system, or making all kind of actions on the collected data such as saving, storing, keeping, changing, rearranging, explaining, transferring, acquiring, making available, categorizing or preventing the use.
ATÖLYE processes the data by pursuing a specific goal, within the necessity and principle of proportionality, does not use the data for any reason beside its purpose, keeps them for the duration set forth in the legislation and does not keep the data more than its legal duration without anonymizing by the end of the term.
ATÖLYE, may collect, store and in sense process and share with foreign countries the personal data in line with Article 5 and 6 and for the purposes set forth under these articles. Furthermore, the non-personal data is collected to improve the relations of the visitors and to improve the Website and the security of the Website, improve its functionality and to revise the content of the Website upon demand of the visitors, to make business development, to operate and improve communication activities.
In addition to this, ATÖLYE may share the data with the support service provider third parties (data processing providers, hosting or managing service providers which also conducts data analysis, customer service providers, payment method service providers, etc.). The relevant third parties is provided with access on your data in order to fulfill their services.
The collected data shall not be used, processed or shared with third parties.
ATÖLYE, within the scope of the provisions stipulated under Law No:6698 and the decrees of the Council, shall not transfer the collected data to the other third party real or legal entities without explicit consent of the data providers. However, under the obligatory conditions set forth under the Law No:6698 and in relevant legislation, the data will be shared with the relevant entitled administrative and judiciary governmental authority without explicit consent of the data provider. In addition to this, for the conditions set forth under Article 8, if it is not possible to take the explicit consent of the provider for a de facto impossibility (i.e. for enacting or execution of contract or to fulfill a requirement arising from a legislation in force.) and as for special personal data for the conditions set forth under Article 6/3, the data may further be transferred without explicit consent of the provider.
What are the rights of our Visitors arising from the Law No. 6698?
As per Article 11 of the Law No. 6698, our visitor who shares their personal information with us may apply to ATÖLYE (firstname.lastname@example.org) to;
a) Learn if your personal data have been processed,
b) If processed, to request information,
c) Find out the reason for processing and whether the data have been used in accordance with the purpose,
d) Learn about the third parties your data have been sent to in and out of the country,
e) Request correction if it is processed incompletely/incorrectly,
f) Request deletion/destruction pursuant to the provisions of Article 7 of the Law No. 6698,
g) Request the third parties, to which the data was sent, to inform about the processes performed as per paragraphs (e) and (f) above,
h) Object to an adverse result against you due to the analysis of data with automatic systems exclusively,
i) In the event of incurring damages due to unlawful processing of data demand recovery of damages.