User Agreement and Privacy Policy
A. USER AGREEMENT
1. This User Agreement (hereinafter briefly referred to as the “Agreement”), has been concluded between ŞÖLEN Çikolata Gıda San. Ve Tic. A.Ş., a joint stock company established and operating in accordance with the laws of the Republic of Turkey, registered with the Gaziantep Chamber of Commerce with the registration number 14585 and headquartered at the address 4. Organize Sanayi Bölgesi 83412 No’lu Cadde No: 4 Şehitkamil – Gaziantep (hereinafter briefly referred to as “ŞÖLEN”) and the user (hereinafter briefly referred to as “User”) of the website www.solen.com.tr (hereinafter referred to as “Website”) regarding the use of the Website by the User.
(ŞÖLEN and the User are hereinafter collectively referred to as the “Parties”.)
2. Definitions
In this Agreement;
“ŞÖLEN” means ŞÖLEN Çikolata Gıda San. Ve Tic. A.Ş.
“Content” means all kinds of information, files, pictures, figures, visual, literary and auditory elements published or accessible on the Website,
“User” means all natural and legal persons who are competent to exercise civil rights to benefit from the content, applications and services on the Website by accepting the terms of the Agreement,
“Service” means the food service(s) to be offered to the User by ŞÖLEN on the Website,
“Agreement” means this User Agreement,
“Parties” mean ŞÖLEN and the User,
“Website” means the www.solen.com.tr domain name and other subdomains, where ŞÖLEN provides food services specified within the scope of the Agreement.
3. Subject Matter and Scope of the Agreement
3.1 This Agreement regulates the rights and obligations of ŞÖLEN and the Users regarding the service to be provided to the Users by ŞÖLEN, a company operating in the food sector. The User will not be able to proceed to the next steps before reading and approving the “User Agreement” and “Privacy Policy”.
3.2 By accepting this Agreement, the User accepts and declares that the information he/she will provide will be used in the provision of the services on the Website.
4. Terms of Service
4.1 Persons who wish to receive services through the Website may not have the right and authorization to become a User as defined in this Agreement without submitting the requested information. Persons under 18 years of age or minors, restricted persons and persons who do not have the power of appeal can only make transactions through their parents or legal representatives. Otherwise, all transactions will be considered invalid.
4.2 Users acknowledge that they have the right and authorization to visit, view and copy the pages of the ŞÖLEN Website for their personal use only.
5. Rights and Obligations of the Parties
5.1 Rights and Obligations of ŞÖLEN
5.1.1 At Şölen Çikolata Gıda Sanayi Ve Ticaret A.Ş., we attach importance to protecting the confidentiality and security of personal data of personal data owners in accordance with the Law No. 6698 on the Protection of Personal Data. Accordingly, we ensure that the necessary technical and administrative security measures are taken to protect personal data against unauthorized access, damage, loss or disclosure, and the necessary system access and data access controls, secure transfer controls, business continuity controls and other necessary corporate controls are implemented.
5.1.2 ŞÖLEN reserves the right to make changes to the Agreement at any time, at its sole discretion and unilaterally, without providing any reason and without additional notice to the Users. Such changes shall become effective as of the date of their publication on the Website and shall be valid and binding for the Parties. Users are deemed to have accepted these changes by continuing to benefit from the services offered on the Website.
5.1.3 ŞÖLEN is free to offer or not to offer the service, provided that there is no legal obligation, and has the right to attach additional terms to the service and content offered on the Website, to temporarily suspend and/or change the services offered on the Website, to suspend and/or change the website, to take it down completely, to restrict access to and delete all information and content uploaded to the system, whether belonging to third parties or you. ŞÖLEN does not assume any responsibilities in this regard.
5.1.4 ŞÖLEN shall not be liable and responsible for investigating the accuracy of the information and content submitted to ŞÖLEN by the User or information and content uploaded, modified or provided by the User through the Website, or for undertaking and guaranteeing that such information and content are safe, accurate and lawful, and shall not be held liable for any damages arising from the incorrectness or inaccuracy of such information and content.
5.1.5 Providing links to third parties and other websites, files, content and similar areas operated by third parties through the Website is for information and advertising purposes only, and ŞÖLEN does not guarantee that such link areas are safe, compliant with the legislation and correct. The commitment to the accuracy and compliance with the legislation of the information, content, visual and audio elements provided and published by third parties is the sole responsibility of the persons who perform these actions and/or send the said content to the Website.
5.1.6 ŞÖLEN does not guarantee and undertake that there are no viruses or similar harmful features in the files downloaded from the Website, that the Website will be error-free and uninterrupted and/or that the use of the service will produce the expected results. It is not responsible in any way and in any form for the transactions and actions and other activities of third parties and users, including but not limited to the malfunction, error, deficiency, interruption, virus, delay in transfer, loss and damage caused by force majeure during the use of the Website, and the information and images contained on this Website.
5.2 Rights and Obligations of the User
5.2.1 ŞÖLEN is not responsible for verifying the accuracy of the information provided by the User. The entire responsibility lies with the User and the User accepts, declares and undertakes that he/she will bear any consequences in case an adverse situation is detected.
5.2.2 The User accepts, declares and undertakes to provide all information requested through the Website in full and accurately.
5.2.3 By visiting and using the Website, the User agrees, declares and undertakes that he/she will not infringe the specified intellectual property rights, will not copy, reproduce, publish, modify, translate into another language, store or subject to any process, distribute, process, upload, expose, destroy or use any kind of information, content, documents and images including the visuals, texts, files, audio-visual elements, icons, databases, titles, business names, Content and software, designs, brands, patents, logos and any other similar material found on the Website and belonging to ŞÖLEN and/or any other third party, that he/she will not use the whole or any part of the Website on another website without the permission of ŞÖLEN, that he/she will not link to the Website without the written permission of ŞÖLEN, that he/she will not compete directly and/or indirectly with ŞÖLEN, and that he/she will not use the Website illegally and/or without authorization.
6. PURPOSES OF PROCESSING PERSONAL DATA
6.1 Personal data may be processed by ŞÖLEN for the following purposes and may be stored for as long as stipulated by these purposes and the relevant legal periods:
Regarding the visitors of the Website;
- Dealing with and managing questions, requests, suggestions and complaints from consumers and providing effective customer service
- Conducting sponsorship activities
- Keeping records of interviews with personal data subjects in order to ensure service/transaction security
- Contacting customers to check their satisfaction with services
- Undertaking communication and targeted advertising efforts as well as providing product recommendations using cookie information
- Analyzing traffic and usage data of websites, leveraging these analyses to improve user experience and site performances
Regarding employee candidates and relevant references;
- Identifying suitable candidates for open positions
- Checking candidates’ references
- Implementing human resources policies and processes
Regarding Customers/Business Partners/Consumers;
- Conducting communication activities
- Conducting social responsibility and sponsorship activities
- Giving gifts or promotional material; including the said parties in giveaways or contests
- Understanding and assessing consumer interests, desires and changing needs, improving the website, existing products and services and/or developing new products and services and improving brand reputation
- Organizing events, inviting customers, monitoring participation in events, completing the necessary reservation procedures for the event
- Conducting activities for customer satisfaction
- Implementing advertising/campaign/promotion processes
- Investigating, detecting, preventing, examining and reporting breaches of contract and law to the relevant administrative or judicial authorities
- Carrying out strategic planning activities
Regarding suppliers/subcontractors and their employees;
- Monitoring payments to suppliers/subcontractors, controlling financial status, managing processes such as remuneration, invoicing, etc.
- Giving gifts or promotional material; including the said parties in giveaways or contests
- Organizing events, inviting customers, monitoring participation in events, completing the necessary reservation procedures for the event
- Implementing processes related to goods, services, production and operation
- Investigating, detecting, preventing, examining and reporting breaches of contract and law to the relevant administrative or judicial authorities
- Conducting communication activities
- Implementing risk management processes
- Implementing supply chain management processes
- Exercising and protecting ŞÖLEN’s legal rights and managing the agreement
Regarding distributors and their employees;
- Monitoring payments, controlling financial status, managing processes such as remuneration, invoicing, etc.
- Undertaking fringe benefits and benefits processes for employees
- Implementing processes related to goods, services, production and operation
- Conducting performance evaluation processes
- Conducting marketing and analysis studies
- Implementing advertising/campaign/promotion processes
Regarding those who reached the Call Center;
- Verifying the identity of persons who contact ŞÖLEN by telephone, electronic means or any other channel
- Ensuring internal training and quality assurance objectives are met
- Dealing with, managing and investigating questions, requests, suggestions and complaints from consumers and providing effective customer service
- Understanding and assessing consumer interests, wants and changing needs, improving existing products and services and/or developing new products and services
- Undertaking communication and targeted advertising efforts as well as providing product recommendations
6.2 ŞÖLEN may also store information about online browsing, search and purchasing behavior and interactions with brand communications by creating groups with certain common characteristics, in which individual’s identities cannot be identified, or use the data of digital platforms that create and store these groups for advertising activities.
7. SECURITY OF PERSONAL DATA
7.1 In accordance with Article 12 of the Law on the Protection of Personal Data, ŞÖLEN undertakes to take the necessary technical and administrative security measures to prevent the processing and access of personal data by unauthorized persons. In this context, information security controls are also based and managed within the scope of the protection of personal data.
7.2 In order to ensure the security of personal data, controls are improved within the framework of physical and environmental security in all campuses where ŞÖLEN operates, and awareness programs are prepared on the duties and responsibilities of employees and suppliers regarding the protection of personal data. Along with administrative methods, emphasis is also placed on the implementation of technical security controls. In this context, authorization and approval mechanisms are established and regularly reviewed for all kinds of access, transactions are recorded, periodic audits are carried out to identify vulnerabilities that may occur in the systems, cryptographic methods are used to prevent unauthorized access during data transfer, risk analyses are carried out for security incidents that may occur, and security incidents are recorded and resolved.
8. TRANSFER OF PERSONAL DATA
8.1 Personal data may be shared with the following parties in line with the activities carried out by ŞÖLEN and the purposes stated above.
- With the companies of ŞÖLEN operating abroad to achieve administrative purposes
- With the business units and factories operating within ŞÖLEN to ensure coordination, cooperation and efficiency
- With the companies that provide support for the technological systems used by ŞÖLEN and with the relevant system administrators
- With research firms for customer satisfaction, brand reputation etc. purposes and with agencies for campaign/promotion purposes
- With Human Resources companies for recruitment services
- With the legal counsel to undertake legal and compliance activities
- With payment companies, tax offices, banks, audit firms and public authorities to carry out payment and invoicing processes
- With third parties that host or operate ŞÖLEN websites, analyze data, provide customer service and perform services on behalf of ŞÖLEN to evaluate requests/complaints/suggestions
- With sponsors, advertisers, ad networks, ad servers, social media networks and analytics companies or other third parties involved in marketing, promotion and data enrichment
- Personal data may be shared with relevant third parties during business transfers or in the acquisition and sale of new business areas.
- Due to legal obligations, personal data may be shared with the relevant legal authorities in the following cases;
- When believed in good faith to be required by a relevant law
- At the request of government authorities to conduct an investigation
- To verify or implement applicable policies
- To detect and protect against fraud or any technical or security vulnerabilities
- To respond to an emergency
- To protect the websites belonging to ŞÖLEN, the rights, property and security of third parties belonging to ŞÖLEN or the public.
9. RETENTION PERIOD OF PERSONAL DATA
9.1 Personal data are stored within ŞÖLEN for the duration of the relevant legal retention periods and for the period necessary for the undertaking of the activities related to this data and the purposes specified in this disclaimer. Personal data whose purpose of use and legal retention period has expired are deleted, destroyed or anonymized by ŞÖLEN.
10. Intellectual Property, Copyrights
10.1 All rights regarding the software of this Website and all registered or unregistered intellectual property rights related to titles, business names, trademarks, patents, logos, designs, texts, images, icons, information and methods on the Website belong to ŞÖLEN and are protected by national and international law. Visiting the Website or utilizing the Services on the Website does not grant any rights to the User regarding the intellectual property rights in question. By visiting or using the Website, the User accepts, declares and undertakes not to violate the said intellectual property rights. All rights of ŞÖLEN to all assets, real and personal rights, commercial information and know-how, including all kinds of material and intellectual property rights, are reserved.
10.2 It is prohibited to use the information on the Website in any way, including reproducing, translating into another language, storing or processing. The information on the Website or any kind of database, software and visual material related to the Website may not be published, copied, presented, modified, distributed and/or transferred in any way, in whole or in part, for commercial purposes without the written permission of ŞÖLEN. The whole or part of the Website may not be used on any other website without the authorization and permission of ŞÖLEN. No link may be provided to the Website without the written permission of ŞÖLEN.
10.3 Users who use any registered or unregistered intellectual property rights such as copyrighted designs, images, databases, files, titles, business names, trademarks, patents, logos, texts, visual and audio elements, icons, information, and methods without obtaining explicit permission will have their access to the Website and/or their rights to use the Website revoked, and all legal and administrative remedies will be taken in case such use is detected.
11. Liabilities
11.1 ŞÖLEN shall not be liable for any direct or indirect damages that may arise due to breach of this Agreement, tort, or other reason in connection with entering the Website, or using the information and other data published on the Website.
ŞÖLEN cannot be held liable in any way for any damages that may arise from the use of the Website, including but not limited to direct, indirect or incidental damages and punitive damages.
ŞÖLEN makes every effort to keep the information on its Website up to date and valid. All of ŞÖLEN’s liabilities regarding its products and services are set out in the agreements to which they are subject, and nothing on the Website shall be construed as modifying such agreements. ŞÖLEN also does not warrant the accuracy or completeness of the materials, software or services on the Website. ŞÖLEN Çikolata A.Ş. reserves the right to make changes to the data and services or products and prices on its Website without prior notice.
11.2 Any legal, criminal or any other responsibility for every transaction and operation performed by the User on the Website shall be borne by the User. The User accepts, declares and undertakes that he/she will comply with the law and legislation, that he/she will be solely responsible for any damages caused to ŞÖLEN and third parties due to non-compliance with the law and legislation, any transaction that imposes unreasonable and excessively large load on the Website infrastructure, unauthorized access to the Website and unauthorized use of the Website, that he/shall indemnify the damages and losses incurred by ŞÖLEN and third parties due to unfair and unlawful use of the Website, that he/she shall not make any demands from ŞÖLEN regarding such liabilities, and that he/she will immediately indemnify any possible claims and damages that may be directed to ŞÖLEN.
11.3 ŞÖLEN cannot be held liable for any direct and indirect damages such as material, moral, legal, financial consequences or loss of earnings that may arise due to any use, including the use of the Content and Services provided through the Website inaccurately, unlawfully or illegally, and for any damages that third parties may suffer or have suffered. Under these circumstances, Users who cause any liability to be imposed on ŞÖLEN agree, declare, and undertake to immediately indemnify any damages incurred by ŞÖLEN.
12. Force Majeure
In cases of ‘force majeure’, including but not limited to cyber attacks, natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions, which are unforeseeable and unavoidable events that cannot be prevented despite taking necessary precautions and are beyond the reasonable control of the relevant party, ŞÖLEN shall not be liable for any delay or failure to fulfill any of its obligations under this Agreement. In case of force majeure, no compensation under any name can be claimed from ŞÖLEN.
13. Other Provisions
13.1 If the provisions of this Agreement are violated, ŞÖLEN may prevent the User from using the Website and/or may take all kinds of legal action against the User.
13.2 In any dispute arising from the use of the Website and the Service, ŞÖLEN’s books and records, log records and computer records shall constitute conclusive and exclusive evidence within the framework of Article 193 of the Code of Civil Procedure No. 6100.
13.3 ŞÖLEN may place links to third party websites within the Website. When you access the links to these third party sites, you are subject to the terms of use of that site. ŞÖLEN cannot be held responsible in any way for the content or privacy conditions published on these sites and for any direct and/or indirect damages that may arise from the use of these sites. Furthermore, ŞÖLEN does not guarantee the performance and reliability of the persons and organizations on third party websites. The fact that ŞÖLEN links to these sites does not mean that ŞÖLEN acts on behalf of third party sites, represents them, is their business partner or authorizes them in any respect or acts on their behalf and account. Therefore, ŞÖLEN is not responsible for the actions and transactions of the aforementioned persons/institutions. Any commitment not made directly by ŞÖLEN is not binding on ŞÖLEN.
14. Applicable Law and Competent Court
Turkish Law shall apply in the implementation and interpretation of this Agreement and in the event of a dispute arising from or related to the Website. Istanbul Courts and Enforcement Offices are authorized to settle any disputes arising or that may arise from this Agreement.
B. PRIVACY POLICY
Dear Website Visitor, the usage and protection of the information we obtain about you and the services you request during your visit to this Website and your use of the services we offer through this Website are subject to the conditions specified in this “Privacy Policy”.
1. Usage and Protection of Information
Users are required to enter certain personal information about themselves (such as name-surname, company information, telephone, address or e-mail addresses) on this Website by filling in various forms and certain required fields on the Website. The information obtained from users on the Website in order to provide a quotation service for food products is intended solely for the purpose of providing the service and confidentially protected. Such information may be accessed by the personnel of our company and the personnel of the relevant food agencies in order to fulfill the requested service and to the extent required by the service.
2. Links to Other Websites
This Website may contain links to other websites. ŞÖLEN is not responsible for the content or privacy practices of other Websites. Other websites have their own information collection and privacy protection practices that differ from those of ŞÖLEN. Therefore, it is important that you review the privacy practices of all other websites you visit.
3. Sources of Information
The information we obtain about you is intended to ensure that we provide you with the most appropriate service and to continuously improve the quality of these services. This information is obtained in the following ways.
a. Information provided by you
The information you provide by using our Website is received and recorded by us. The information obtained in this way is information that you provide to us entirely of your own free will. In order for us to provide you with faster, accurate, effective and high quality services, you must accurately provide all of the information requested from you on our Website. This requirement arises from your legal obligation to make pre-contractual disclosures. You should also take into account that if you do not provide the mandatory information required for the service you request, it will not be possible to fulfill your request properly. It is your responsibility to ensure that the information you provide is accurate and complete. In the event of any discrepancy, ŞÖLEN accepts no responsibility. If you provide false, misleading or incomplete information, you shall be liable to indemnify ŞÖLEN in the event that ŞÖLEN suffers any damage.
b. Cookies
Cookies are small text files that are stored on your computer or mobile device when you visit a website. These files store data such as your IP address, session information, the pages you access, etc. Cookies can be used to remember your website preferences, keep you logged in, or provide you with Content you are interested in. ŞÖLEN Çikolata, like many websites, uses technologies such as cookies etc. in order to improve the visiting experience of website users and to increase the quality of services. The Cookie Policy has been prepared to inform Website users about cookies and the types of cookies used and to provide guidance on how to manage cookie preferences.
These cookies are:
- Strictly Necessary Cookies: Needed to perform the basic functions required for the operation of the site and the application. For example, logged-in members do not need to re-enter their password when visiting different pages on the Website.
- Performance, Analytics and Functionality Cookies: Needed to analyze the Website and the application and to improve the performance of the Website and the application. For example, determining the number of users visiting the Website with anonymous IDs and analyzing the site usage habits of these users in an anonymized manner, improving the Website experience and usability in line with the analyzes made.
- Personalized Advertising Cookies: Needed to perform personalization, targeting and advertising activities. For example, displaying ads linked to visitors’ interests on the pages and products they view. Providing traffic to the Website again with these advertisements, announcing news about related products or using the anonymous visitor data obtained to improve the performance of Şölen’s various marketing activities.
- If you do not agree to the use of cookies, we kindly ask you not to continue to the Website or to change your cookie preferences as shown in this Policy. We would like to remind you that if cookies are not allowed, some features of the Website may lose their functionality.