Terms of Use

Terms of Use

Clarification Text Prepared within the Scope of the Law on the Protection of Personal Data (KVKK)

This Clarification Text herein has been prepared in accordance with Article 10 of Law on the Protection of Personal Data (KVKK) No. 6698, in order to enlighten and inform you as the data controller by CŞMD, as a part of its obligation, regarding your personal data that you can share with us with reference to the relevant section of the website: https://cinselsiddetlemucadele.org/. 

TERMS OF USE

Thank you for visiting our Website. As your use of this website herein in any manner shall mean the acceptance by you of the Terms and Conditions of use set out herein, please carefully read the Terms and Conditions in this document.

In this website, the words: “We”, “Our” and “CŞMD” refers to the Association for Struggle Against Sexual Violence depending on the context. The word “You” shall mean here the persons who have access to and/ or use/navigate through this website.

This Agreement herein (hereinafter referred to as “Agreement” in short) is an official agreement landed between You as the users of our website and We the Association for Struggle Against Sexual Violence which comprises the entire agreement and understanding between the Parties (You and CŞMD) on everything connected with the subject matter of these Terms of Use.

You hereby undertake that when you use CŞMD’s website which is currently operated at https://cinselsiddetlemucadele.org/  (hereinafter referred to as the “Site”) in Republic of Turkey, and as defined below, either of the services offered through this Site, you shall have accepted that you are a user of the Site and as long as you continue to make use of the services offered hereunder in your such capacity, you will be bound by, and comply with, the terms of use governed herein.

Certain services offered at the Site may be subject to certain additional rules and you may be prompted to state during your access to the use of those services that you have also accepted these additional rules under mentioned circumstances. These additional rules in question shall become effective as soon as you start to make use of the relevant service, and form an integral part hereof. Moreover, CŞMD’s Privacy Policy is an integral part of this Agreement, and shall be applicable to the collection by us of your data that you provide CŞMD with during your use of the Site and the rights of CŞMD on these rights. For this reason, you are required to read the mentioned Privacy Policy as well before you use the Site and start to make use of the offered service.

IF YOU DO NOT ACCEPT TO BE BOUND BY THIS AGREEMENT HEREIN AND THE PRIVACY POLICY, FORMING AN INTEGRAL PART HEREOF, PLEASE DO NOT USE THE SITE AND SERVICES OFFERED HEREIN.

CŞMD, reserves its right to alter services provided by it, to offer new services and/or to remove existing ones, and this Agreement shall remain applicable to all newly added, altered and/or removed services.

This Agreement herein and the Privacy Policy, an integral part hereof, may be unilaterally amended by CŞMD at all times with or without any prior notice. In the case of such an amendment, the then amended current versions of this Agreement and the Privacy Policy, an integral part hereof, shall be posted at the home page of the Site and become effective upon their publication. If you continue to use this Site and to make use of the services offered hereunder following the publication of the amendments, this shall operate as an acknowledgment on your part of the mentioned amendments and you will remain bound by them. Please confirm the last update of this Agreement and the Privacy Policy, an integral part hereof, by checking the bottom of the relevant documents and texts. The latest date of amendment shall be provided by CŞMD at the bottom of this Agreement and the Privacy Policy, an integral part hereof. Therefore, you must regularly check this Agreement and Privacy Policy over the Site to remain updated about the current documents and texts.

USE OF THE WEBSITE AND SERVICES

Site users and the users who provide us with their data to make use of the services offered at the Site agree and undertake the following:

Password and Security: You are required to provide us with your contact information in order to make use of certain services offered at the Site, and it is the responsibility of the users to ensure the confidentiality of their contact information and other data. It is especially important for your data security that you should not disclose your email password to third parties and that you should choose a strong password. Also for this purpose, it is important to log off every time you use the Site.

The following may not be identified for data that shall be provided to us at the Site:

• A third party name, surname or other personal data to substitute that third party;
• A right of any third party and/or data in respect of that right;
• Any data, notes and posts that are unlawful, legitimate and/or likely to disturb a third party or that disclose the personal data of that third party in question and is likely to act in breach of the personal data safety of data subjects

If personal data of third parties is disclosed without their permission, the user who has published the mentioned post shall be liable for all losses that CŞMD and/or third parties may sustain.

Users who use a shared computer agree and undertake to log off their email user accounts that they use to contact us after they finish the use of the computer but before they leave the Site.

On the other hand, if you believe that the security of your e-mail account is compromised and/or if you have suspicions that your login data such as your passwords or our correspondences with you are usurped by third parties, you are required to notify CŞMD promptly in that regard.

Your notice about unauthorized access alone shall not be sufficient to CŞMD to take a measure promptly, and you shall be responsible for the entire risk that may arise from the unauthorized use of your account. Site users agree and undertake that CŞMD shall be in no case liable for any loss that may arise as a result of their actions in breach of this article and/or the use of their personal data against their will upon the access to their passwords or personal data by third parties.

Geographical Limitations: The Site and services offered hereunder are designed for use in the territory of Republic of Turkey. Users agree and undertake to comply with this Agreement and all local, national and international laws and regulations. In case it is prohibited, it is not possible to make use of the Site and services offered hereunder. The users should not use the Site and the services unless they are allowed to use them by their respective jurisdictions.

Registered Data: The entire liability shall be solely borne by the users, regarding the following:

• Information and content provided by the user to the Site,
• Any data that the user may publish, transfer, send or other data being made available for access, during the use of the services (hereinafter referred to as the “Posted Data”)

Notice of Breaches: If this Agreement is breached by third parties, including registered users, you are required to notice CŞMD promptly, without any delay.

Restriction of Use of the Site and Services: While it shall be at the sole discretion of CŞMD, CŞMD may prohibit any activity, according to its opinion, that is inappropriate and/or constitutes an unlawful action or that may be banned for this Site by the applicable laws.

Users agree and undertake that where they transfer contents and data or commits similar activities in matters, including but not limited to the following, they shall hold CŞMD free from any liability and CŞMD shall have no liability whatsoever in connection with these activities:

• Third party personal data which is used without consent;
• There shall be no access to the Site over or from services/programs that contain viruses, timebombs, Trojan horses, cancelbots (these are bots that operate on a server automatically sending spam messages to the groups over Internet), worms and other malicious or damaged codes, combinations or devices;
• Any data and contents that use scripts, bots or other automated technologies for access to the Site and services;
• Any data and contents that use the Site and services to send chain emails, unnecessary and anonymous emails;
• Links that are somehow connected to activities such as spam, spim (SPAM type used in IM services), phishing, trolling (trying to lure users to a specific online website);
• Any data or content that act in breach of or contain without limitation copyright and trademarks, trade secrets, patents and other intellectual rights or that use copyrighted contents or trade marks of third parties without obtaining their explicit consent or use the details of a third party by violating the obligation of confidentiality (regardless of whether they are protected as trade secrets);
• To spread or send any worm, virus or other malicious, destructive or damaging codes or programs;
• Any data and content that is in breach of applicable legislation without regard to whether or not it is intentional (this legislation means the law applicable to this Agreement and the legislation applicable to the place where service provider or computer of a user is based and the law of the jurisdiction, where individuals whose personal data are disclosed);
• Users who imitate Internet Protocol (IP) headings or otherwise modify identifying details to hide their ID data;
• Any information or content that blocks or disrupts the Site, its services, service providers or Internet networks to which the Site is connected, or that is in breach of any requirement, contract or regulation of a network to which the Site is connected;
• Contents that collect and pool data about other users;
• Any information and content that allows participation in any activity that violates the privacy of third parties, including but not limited to, collection and distribution of data of other users except for any circumstance that may be permitted under the applicable law;
• To upload or post any software or computer code or file containing virus to CŞMD servers or network, or any program that is intended to block, destroys or limit the operational functions of a software, hardware or communication means of any computer;
• To use this Site to insult or infamize CŞMD staff or other parties or to commit any other act that would be damaging to CŞMD’s reputation;
• To send or transfer any material that is in breach of the system or network integrity of CŞMD or a third party or that is insulting, pornographic, threatening, offensive or otherwise not allowed by the law or that, in our opinion, causes damage or inconvenience to this Site, including but not limited to the ones above.

It is the responsibility of the users to compensate any loss that may arise from the violation of this article and losses sustained by CŞMD, its business partners or managers, administrators, staff or third parties shall be compensated fully and completely and this is an absolute liability of users. 

Single Profile complying with the Rule of Honesty: A user willing to make use of the services offered at the Site may simultaneously submit one single application. There may not be multiple applications that would be erroneous and misleading.

No harassment to CŞMD Staff and Representatives: Users agree and undertake that they shall not harass CŞMD staff and representatives appointed for services offered to CŞMD, nor shall they commit any act that is disturbing, intimidating or threatening them.

Legal and Legitimate Disclosure: Users agree and declare that any data transferred by them may be disclosed by CŞMD unilaterally and without the need for any prior permission if allowed by the applicable legislation:

• To fulfill requirements to comply with the laws and to enforce applicable laws and legal procedures;
• To protect rights and property rights of CŞMD and third parties;
• To ensure the health and/or security of persons (including users) in case they are threatened to be inflicted with a loss or suffer from a violent act;
• Where conditions for processing as set out in Article 5(2) and Article 6(3) of the Law on the Protection of Personal Data (KVKK) are met.

Disclaimer-Exemption from Guarantee: We may not be held liable if any data available at this Site is not true or complete although we shall try all reasonable efforts to ensure that such data shall be true and complete. You shall be responsible for your reliance on the materials at this Site. You acknowledge that you shall be responsible to monitor any change to these materials or such data available at this Site. This section shall be applicable in the broadest extent permitted by the applicable law. CŞMD offers the services in “as is” and “applicable” basis, and it shall not be under any liability whatsoever as it does not make any express or implied guarantee against violations or in respect of commercial or individual usage of the Site or services hereunder (including any available data) on a contractual or other basis. CŞMD shall not be under any liability, as it makes no guarantee regarding the connection or access to services.

Moreover, any opinion, offer, statement or other data and content that is not directly made available by CŞMD but is accessible over services shall fully belong to its publisher and no claim may be asserted against CŞMD in respect of them. Any publisher of these contents and data shall bear the entire responsibility in respect of them.

CŞMD and its contractual parties may use various methods to verify the data provided by users. Notwithstanding the foregoing, neither of these methods is excellent, and users agree and declare that CŞMD and its contractual parties shall not be liable to inquire if such data are erroneous.

Functions of Trial Versions: CŞMD may from time to time try the experience that its users make use of the services by means of new ”beta” versions and functions. These releases and functions are only intended for experience enhancement and are in no event promised, and CŞMD may unilaterally modify or cancel them at all times. The provisions hereof under “Disclaimer-Exemption from Guarantee” shall be fully applicable and in place for these beta versions and functions.

Non Liability for Actions not committed by CŞMD: To the broadest extent applicable by the legislation, CŞMD shall be in no event liable for direct or indirect general, special, recurring or compensatory loss that may arise from users and/or other persons that make use of the services. This provision shall also be applicable to any claims of liability that may be asserted for objections, losses and damages arising from acts of users who have registered by submitting false statements and/or are intended to manipulate or cause harm to other users.

Transfers: It shall be acknowledged that any non-personal correspondence or other material such as data, questions, comments or suggestions that you may transfer to this Site via e-mail or otherwise, shall be deemed as non-confidential and registered.

Intellectual Property Rights: All copyrights, trademarks and other intellectual property rights in all texts, pictures and other materials posted at this Site shall be the property of CŞMD and are posted here upon the consent by their relevant owners.

Prohibition of the use of Confidential Information: Users agree and undertake that they shall not publish, copy, transfer, disclose, publicize or make any derivative work from, promulgate, commercialize and/or reproduce the following;

• Third party personal data
• Confidential Information
• Any copyrighted content, trademark or proprietary data that may be derived by means of services

unless the prior permission of CŞMD or of the owner of such data.

Guarantees and Waiver: You may use this Site provided that you will be responsible for such use. This Site is made available to you on an “as is” and “as long as it exists” basis. Therefore, CŞMD does not make any express, implied, legal or other guarantee (including implied guarantees for availability for use for commercial purposes or satisfactory features or fitness for a specific purpose) that materials at this Site shall be complete, correct, reliable, current and do not infringe the rights of third parties; that access to this Site shall be free of error or uninterrupted, and any such guarantee or representation is disclaimed here.

Please note that certain jurisdictions may not allow the exclusion of implied guarantees and therefore this exclusion may not be applicable to you. Please check local laws. In such circumstances, the limitation of liability to the maximum extent permitted by the local legislation shall be applicable.

Liability: CŞMD and/or any other party that is involved in the creation, production or distribution of this Site shall not accept any liability or responsibility for any direct, consequential, indirect or punitive damage, cost, loss or compensation arising from your access to this Site, your use of, or refusal to use, the Site, changes to the contents of the Site or any other Site that you may have access to by means of a link posted at this Site or any action or omission by us as a result of electronic mail messages sent by you to us.

Moreover, CŞMD shall be in no event liable for any losses that may be attributable to viruses, which may infect your computer or any other property of yours due to your access to, or use or download of, any content at this Site. If you decide to download any material from this Site, you shall be responsible for it.

To the extent permitted by the applicable law, you hereby expressly waive all your rights that may arise from your use of, or your access to the Site.

CŞMD reserves its right to restrict, suspend or terminate your access to this Site, any feature or part of it at any time and without any prior notice.

CŞMD and/or any other party that is involved in the creation, production or distribution of this Site is not under the obligation to maintain, or proceed with any modification, update or release of version in connection with, any material or services provided hereunder. All kinds of materials provided at the Site may be modified without a prior notice.

Jurisdiction and Applicable Law: CŞMD does not make any representation that materials and information available at this Site shall be in conformity with or available in all national laws or languages.

You and CŞMD hereby agree that Turkish law shall be applicable to all disputes or litigations that may arise from or is connected with the use of this Site.

Communication and Confidentiality: In order to inform users about service changes or special offers and to communicate them for service-related matters, CŞMD may send emails to email addresses or call phone numbers provided by the users upon their consent. If a user does not wish to be contacted over any email, telephone or any other commercial communication channel permitted upon the consent as described above, then the users may change their preferences as described in the Privacy Policy.

Effectiveness and Termination of the Agreement: This Agreement shall automatically become effective as soon as users start to use the Site or services, and shall remain in force unless such use is terminated. CŞMD reserves its right to immediately suspend or terminate the access by its users to services without any prior notice and with or without any reason. Moreover CŞMD reserves its right to delete account details or data of its users from services or all other archives at its sole discretion.

Termination of Applications at Any Time Upon Request: Users may request or terminate their records and/or posts regarding any service such as communication section or providing their opinion and the information they provide in this process to be revised at any time. Users, for these requests, can contact us by sending e-mail to: kvkk@cinselsiddetlemucadele.org

In order to fulfill your such request, our staff may ask you to verify your ID data and other details, including your personal ID details, before they take any action in respect of your request.

Severability: Users agree and undertake that If one or more of the terms of this Agreement are found to be invalid, illegal or unenforceable in any respect by competent authorities, such provisions shall be replaced by other provisions that best suit the wishes of the Parties and that allow the exclusion of any party’s liability to the minimum extent and that the validity, legality and enforceability of the remaining terms shall not be affected.

 

Entire Agreement: This Agreement is the main agreement made between users and CŞMD, governing the usage by users of the Site and the services hereunder and it hereby supersedes any other agreement that may have been made in the past for the purposes herein.

Prohibition of cooperation: Users agree and declare that there is no cooperation relation, partnership, business or agency relation between them and CŞMD shall have been established from the use of this Agreement and the use of the Site and services hereunder.

Continuity: Unless otherwise is clearly accepted, the termination of the access by users to the services shall take place in line with the terms hereof.

No waiver: Failure by CŞMD of its rights or powers hereunder shall not operate as a waiver from such rights and powers.

Headings: Headings used in this Agreement are only for purposes of providing reference to the contents hereof and shall be in no event having any contractual or legal effect.

Force Major: CŞMD shall have the right to terminate or suspend its services offered at this Site due to events or circumstances that are beyond its own control, including but not limited to, force major events, state interventions/actions (cancellation or disclaimer of any necessary license), state of war, riot, destruction of network tools and providers and any other similar cause, and CŞMD shall not be liable for any loss arising therefrom.

Date of Update:

This Agreement herein was updated on 3 January 2021