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Membership Agreement

Introduction

This Membership Agreement (“Agreement”) and all all policies and additional terms and conditions posted on and in our sites, applications, tools, products or services (collectively “Services”) set out the terms on which D-Market Elektronik Hizmetler ve Tic. A.Ş. (“Hepsiglobal” or “We”) offers who access to global.hepsiburada.com and mobile applications and use of our Services (“Member” or “You”).

This Agreement is entered into between Hepsiglobal and Member.

These ("Terms & Conditions") govern your membership and use of the website of global.hepsiburada.com (the "Hepsiglobal Site" or the "Site") and your purchases and use of products available through the Site. The Site is operated by Hepsiglobal and/or its subsidiaries and affiliates (collectively referred as "Hepsiglobal"). Hepsiglobal reserves the right to modify, update and terminate the content of the website and services provided to members in any time or delete member’s registered information and data.

We reserve the right to update, revoke or modify the Terms & Conditions of this Agreement at any time without prior notice. For this reason, we encourage you to review the Terms & Conditions whenever you visit the Site.

Terms & Conditions

By establishing membership on the Site or purchasing or using products through the Site, you acknowledge and agree as follows:

GENERAL
You represent that you are (a) at least 18 years of age, (b) of legal age to form a binding contract, and (3) not a person barred from entering into contracts under your local jurisdiction.
You shall establish and use your membership on the Site, and purchase and use the products available through the Hepsiglobal Site, in strict compliance with these Terms & Conditions and all applicable laws, rules and regulations (collectively, "Laws"). All calls, emails and other communications between you and Hepsiglobal may be recorded. The member agrees and undertakes to comply with the provisions of the legal legislation and not to infringe related legislation while using the web site. Otherwise you shall be responsible for all legal and penal obligations.

HEPSIGLOBAL MEMBERSHIP

Establishing a Membership

You may establish a membership on the Site. Enrolment requires you to (1) indicate agreement to these Terms & Conditions, (2) provide contact information and identification details, and (3) submit any other form of authentication as required by Hepsiglobal as part of the enrolment process. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. Otherwise, you shall not claim any compensation and other claims arising from such unauthorized use from Hepsiglobal.

Use of Membership

You shall not use your Hepsiglobal membership for any fraudulent or improper purpose or any purpose that is competitive to Hepsiglobal. You shall notify Hepsiglobal immediately by emailing [global@hepsiburada.com] of any unauthorized use of your Hepsiglobal membership or the Hepsiglobal Site known to you. Hepsiglobal reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Hepsiglobal neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Hepsiglobal. Termination of your access or use will not waive or affect any other right or relief to which Hepsiglobal may be entitled.

Membership Termination

Hepsiglobal may terminate your membership and refuse any and all current or future use of the Site (a) in order to comply with applicable Law, (b) if you provide any information that Hepsiglobal determines, at its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if Hepsiglobal determines, in its sole discretion, that you are using your Hepsiglobal membership in a manner not permitted by these Terms & Conditions, or (d) in other circumstances, as Hepsiglobal deems appropriate in its sole discretion.

WEBSITE TERMS OF USE

Privacy

Please review our Privacy Notice and Cookie Policy

License
All content available through this Site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Hepsiglobal, its licensors or its content providers, and is protected by copyright, trademark and other applicable Turkish and foreign laws.
Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall cause the termination of your membership by Hepsiglobal.

Content You Submit Through the Site

Your submission of personal information through the Site is governed by our privacy notice, which can be reached by clicking on the "Privacy Notice Cookie Policy" link located in the Site (the "Privacy Notice and Cookie Policy"). The Terms & Conditions incorporates by reference the terms and conditions of the Privacy Notice and Cookie Policy. You grant Hepsiglobal a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Hepsiglobal.
You represent that all of the information, data and other materials you provide on this Site or to Hepsiglobal through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate. You are responsible to Hepsiglobal for any damage that occurs due to the inaccurate information you have provided.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site may require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

Member agrees and undertakes that not to reach or use other internet users’ software and data without permission. Otherwise, all damages and expenses arising from unauthorized use belong to member.

Disclaimers
Except as otherwise expressly provided in these Terms & Conditions, or required by applicable law, Hepsiglobal makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Hepsiglobal membership, any content on the Site, or any products purchased through the Hepsiglobal site, as well as warranties implied from a course of performance or course of dealing.
Your use of this Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Hepsiglobal disclaims any warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Site shall create any warranty of any kind.

LIMITATION OF LIABILITY

The providers whose products are available on the Hepsiglobal Site are independent contractors and not agents or employees of Hepsiglobal. Hepsiglobal is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of the Hepsiglobal membership, communications with third parties, and purchase and use of the products and services available through the Hepsiglobal Site. Member shall not use the website in any way to disrupt the public order, contrary to the general morality, uncomfortable and harassing for others, for an unlawful purpose, to infringe the intellectual and copyright of others. In addition, the member shall not engage in any activity (spam, virus, trojan horse, etc.) that may prevent or complicate the use of services by others. Opinions which are stated, used, written by the members on the website are completely the personal opinions of the members and these opinions are binding for the members. These views and thoughts have no interest and connection with Hepsiglobal. Hepsiglobal has no responsibility for any damages incurred by the third parties due to the member’s views and thoughts. Also Hepsiglobal has no responsibility for any damages incurred by the member due to third party’s views and thoughts. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Hepsiglobal nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Site, or any other Site or resource you access through a link from this Site; (b) any action we take or fail to take as a result of communications you send to us; (c) your Hepsiglobal membership, any termination or cancelation of your membership; (d) any products or services made available or purchased through the Hepsiglobal site, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; or (e) the modification, removal or deletion of any content submitted or posted on the Site

INDEMNITY
You agree to defend, indemnify and hold Hepsiglobal (including our affiliates and subsidiaries, as well as our officers, directors, employees) harmless from and against any and all claims, demands, damages, costs and expenses, legal fees (including attorneys' fees), made by any third party due to or arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms & Conditions.

SEVERABILITY
If any provision of these Terms & Conditions shall be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

APPLICABLE LAW

These Terms & Conditions and the relationship between you and Hepsiglobal will be governed by the laws of Turkey. Any disputes arising out of this Agreement will be resolved by İstanbul courts.

Hepsiburada Global Privacy Notice

As Hepsiglobal, we show essential care and sensitivity for the protection of your personal information. For this reason, we are sharing the process related with the processing of your personal information via Privacy Notice with a concern of transparency.

This Privacy Policy aims to disclose how we collect and process your personal information via the website, products and services (including the payment services) and all applications of Hepsiglobal (hereafter all of them will be referred to as “Services”) without considering how you used or reached those Services.

Hepsiglobal offers services to its customers in two ways:

❖ Access to products or services with minimum information required for shopping without being a member,

❖ As a member, you can have a customized shopping experience and allow us to further process your information and profile it so that we can provide customised shopping experience

If you are a member;

❖ By analyzing your previous orders, we can offer the complementary parts of the products you have previously purchased so that you can buy them easily,

❖ By seeing your past orders on a single page, we can manage your orders without the need to call customer service,

❖ We can offer you products similar to the products you have bought before,

❖ We can show you other products that are compatible with a product you just bought,

❖ We can present the best selling products on our site to your attention,

❖ In short, it is possible for us to create a user experience that suits your general shopping taste and habits.

1. Identity and Contact Information of the Data Controller

The data controller related with the collecting and processing your personal data compatible with General Data Protection Regulation (“GDPR”):

D-Market Elektronik Hizmetler ve Ticaret A.Ş.

Address: D-Market Elektronik Hizmetler ve Ticaret A.Ş.

Telephone Number: 0850 252 40 00

Website: global.hepsiburada.com

2. Contact Details of Data Protection Officer

In order to supervise the process of protecting your personal data, we assigned a data protection officer. You can contact our protection officer regarding this Privacy Policy and processing your personal data any time you want.

You can reach contact details of our protection officer below:

Address:Kuştepe Mah. Mecidiyeköy Yolu Cad. Trump Towers Kule 2 Kat:2 No:12 34387 Şişli/İstanbul

E-Mail: dataprotection@hepsiglobal.com

3. What type of personal data is gathered and processed by Hepsiglobal?

With the purpose of providing our services, when you create a Hepsiglobal account, give information via online electronic forms, provide information updates by logging into your Hepsiglobal account and contact us by other options, we collect your personal data.

3.1. Personal information that we gather while you are using our service and creating a Hepsiglobal Account

- Personal information that we can use to identify you such as first name, middle name, last name or e-mail that you share with us while creating a Hepsiglobal account

- If you are using our payment services as a Seller or a Member, information that you share with us while using those services such as E-mail, IP address, Credit/Bank Card information etc.

- Information you provide related to buying or selling

- Information you provide while using our messaging tools

- Financing information (e.g. Credit/Bank Card information, payment methods, payment history information)

- Information required for delivery, billing and customs transactions (shipping address, other identification numbers etc.)

- Country, interests and preferences if required

- Additional information that you share with us while using online electronic forms, adding/updating information to your Hepsiglobal Account, communicating via using member chats, questions, dispute resolutions and using customer service with your consent

- The data we may/have to gather in order to verify the collected data of your identity in accordance with legislations in force

3.2. Automatically collected personal information when you use our services or create a Hepsiglobal account

-Data associated with your Hepsiglobal account as a part of services that you use (transaction cost, time/place of transaction, transaction method, hashed card number, card holder name).

-Data associated with your Hepsiglobal account as a part of your actions via services that you use (adding a product to shopping cart, saving your search history)

- Ad preferences and information that you provide while contacting us

- Your IP address and location data of your mobile device

- The statistics related with the use of Hepsiglobal Services, information related with the websites and their data traffic, URL routing, advertising related information, your IP address, access time, browser data history, language preferences.

3.3. Personal information we collect via Cookies and similar technologies

While providing our services, just like other websites, we use “cookies” and other identifiers to collect your personal information. These datas are collected from devices that you use (including mobile devices).

- As a part of using our services, ads and pages that you visited from your e-mail, access time, frequency/duration of visits, clicked urls and data related to your online actions.

- Data related to Ads shown to you, how frequently they are shown, the time and location of those ads and the data of whether you buy those products or not.

- Your user segment and category (e.g. interested in beauty products)

- The model/type of your device, the type/version of your operating system, type/preferences of your browser, device profile, advertising profile, cookie related data (e.g. cookie ID)

- The IP address for this device while reaching our services and the location data of your mobile device.

For detailed information, view the Cookie Policy.

3.4. Personal information we gather from social networks

-The data that you provide if you link your Hepsiglobal account with your social accounts or other service providers (such as Google or Apple).

4. The purposes of Hepsiglobal in the processing for which the personal data are intended as well as the legal basis for the processing

As Hepsiglobal, we process your personal information to provide H Hepsiglobal Services and for the development of these services within the purposes stated below fully complying with law. For example, providing and developing services, optimizing the user experience on our website, providing a better user experience with personalized advertising, contacting you about your Hepsiglobal account and other services, providing customers service and marketing activities, offering you personalized ads, detecting and preventing fraud or illegal activities.

4.1. Providing services and execution of the contract

4.2. Our legal responsibilities

4.3. Legitimate interest

4.4. Consent

5. Does Hepsiglobal share your personal information?

As Hepsiglobal, we may share your personal information in order to effectuate the statements stated above with the categories of recipients stated below:

5.1. Other Hepsiglobal Users

5.2. Shipping Companies (e.g. PTS… etc.

5.3. Payment service providers

5.4. Website, application and service providers for the tools.

5.5. Law enforcers, courts, government agencies or authorize public institutions, intergovernmental or supranational organizations

5.6. Credit agencies

5.7.Third parties using our single sign on service (Apple, Google)

6. International Data Transfer

Hepsiglobal, headquartered in Turkey and therefore is an electronic trading platform that also servers in Turkey. Therefore, your personal data being processed and stored in Turkey. However, some of the services we use are systems belonging to international service providers. There may be limited user data in these systems. Regarding this data, it is recommended to review the Privacy Policies of the relevant

Data transfer agreements are made between the aforementioned data processors and Hepsiglobal.

7. The time period for the retention of the data and destruction of the data

Your personal data will be stored by Hepsiglobal and our service providers in accordance with the applicable data protection laws in order to fulfill the processing purposes specified in this Privacy Statement, unless a longer retention period is required or stipulated by the applicable law. At the end of the retention period, we will delete your personal data in accordance with our retention and destruction policy or anonymize your data, again in accordance with our retention and destruction policy, unless we are legally obliged to keep your personal data longer (e.g. legal compliance, tax, accounting or audit).

We will block access to your data instead of deleting it to the extent permitted and required by law.

Some of the criteria used to determine retention periods are as follows:

-The existence of our service provisions with you and the continuity of those services we provide for you, for example; having had an account with us and continuing to use our services.

-Existence of a legal obligation to which we are subjected to (e.g. some laws require to keep records of your transactions for a certain period of time before deleting).

-We may retain data for sole purposes, if there are reasonable requirements, or if it is necessary to meet legal requirements, resolve disputes, prevent fraud and abuse, even after we close your account, or even if we no longer need this information to provide these services.

8. What are my rights?

Your rights are listed below and you can use your rights by sending an e-mail to dataprotection@global.hepsiburada.com

Right of access: Accessing information about your personal data processed by Hepsiglobal and the purpose of using your personal data by Hepsiglobal and obtaining information relating with these issues; You have the right to request a copy of your personal data of any kind.

Right to rectification: You have the right to complete your missing personal data at any time and request correction of your inaccurate personal data.

Right to erasure: You have the right to request the deletion or destruction of your personal data where it is no longer necessary for the purposes for which it was collected.

Right to restriction: You have the right to request restrictions on the processing of your personal data as long as we determine any submission of request regarding the correction or completion of your personal data or the situations where you object to the processing of the data are justified by legitimate interests. If you request to use your right to restriction, we will only process information with your consent or for the purpose of presenting, exercising or defending legal claims.

Right to data portability: You have the right to receive personal data you share with us in a formatted, commonly used and machine-readable format, as well as transferring this information to another control unit when the data processing is done on the basis of a consent or contract and by automated means.

Right to withdraw consent: You have the right to withdraw your consent at any time where applicable.

Right to object: If your personal data is processed within the framework of our legitimate interests, you have the right to object to the processing of your personal data for reasons related to your particular situation. This right also applies for profiling. If your personal data is processed by Hepsiglobal for direct marketing purposes, you always have the right to object to the processing of your personal data for such marketing activities, including profiling, to the extent relevant to such direct marketing.

Right to lodge a complaint to the data protection authorities: As Hepsiglobal, we are ready to process your requests with precision and do our best to clarify your doubts about your privacy. However, you have the right to lodge a complaint with a competent data protection authority at any time.

9. Can Children Benefit From The Services Offered By Hepsiglobal?

Hepsiglobal does not sell products that children can buy. We sell products for children only adults can buy. If you are under the age of 18, you can only use Hepsiglobal Services through a parent.