Card Information Storage Services User Agreement

  1. Parties of the Agreement

    This Card Information Storage Services User Agreement (“Agreement”) has been executed between Turktell Bilişim Hizmetleri A.Ş. (“Turktell”) having its address at Aydınevler Mahallesi İnönü Caddesi No:20 Küçükyalı Ofispark B Blok - Maltepe / İSTANBUL and the party accepteing this Agreement (“User”).

  2. Subject of the Agreement

    Within the scope of this Agreement, Turktell shall provide services (“Service”) regarding the registration of User’s credit card information and the use of registered credit cards for the payments made to cooperated institutions (“Merchant”) and; the purpose of the Agreement is to set forth rights and responsibilities of the parties within this framework.

    Under this Agreement Turktell is not providing payment service and is not mediating to any payment.

  3. Procedures and Principles relevant to the Service
    1. The User, within the scope of this Agreement, voluntarily shares its credit card information with Turktell to be used in order to ease the payment transactions, under its approval regarding the transactions conducted with the Merchants. This shared information is limited to the bank linked to the credit card, name and surname located on the front face of the card, card number and expiration date.
    2. The User accepts and undertakes that the information provided under this Agreement belongs to itself, that they are true and accurate, that the User is solely responsible for all transactions made with the relevant credit cart and has all kinds of judicial and criminal liability for these transactions.
    3. The User registers to the system with the first valid payment transaction where the User added its card number, expiration date and security code to the system. The User who had successfully added its card shall use the card without requiring inputting additional information for the following uses. Within this scope; the User may add as much as cards it wishes within the limits set out by Turktell, on its own initiative. The User accepts that this Agreement shall be applicable for these credit cards and all transactions made with them.
    4. When the User wishes to make a transaction via one of the payment channels with its credit card, the User shall be asked if it prefers to make a transaction with (one of) the registered card(s) listed by its/their distinguishable information (such as card symbol, last 4 digits of the card etc.) and the transaction shall be finalized with the consent given by the User and transaction consent. Turktell may amend the transaction flow and designate additional measures (password etc.) for the security of the User in the future. The User accepts and undertakes that it is solely responsible for the security and confidentiality of all the passwords set out and used within this system, that is shall not share its password with third parties and that it is solely responsible for all transactions made with the credit card registered to the system.
    5. The User shall be liable itself to get in contact with the bank in the event of a lost or stolen card registered via channels of Turkcell Group Companies and its business associates and to ensure the closing of the stolen card.
    6. In the event that the User is not a Turkcell subscriber, the User shall be liable for the removal of its credit cards from Turktell in cases of cancelling, transfer and closing its number. In such cases the User shall be liable for not removing its card(s) and for transactions that may be realized.
    7. The User shall be liable to act in accordance with this Agreement and the applicable legislation during the use of the Service. Turktell may suspend the Service or terminate this Agreement in cases where Turktell has a violation suspicion. The User shall indemnify all damages incurred by Turkcell Group Companies arising from its violation of the Agreement or the legislation.
    8. Turktell may transfer its rights and obligations under this Agreement to any of the Group Companies without being subject to any notification obligation. The User accepts that the information and data given to Turktell pursuant this Agreement and/or collected and created by Turkcell Group Companies under this Agreement may be transferred to Turkcell Group Company in order to provide the Service and declares that it has given its consent in advance to such transfer. Turktell may request additional information, document or consent from the User at any time in order to comply with the applicable legislation and the User accepts to fulfil these demands.
    9. Service subject to the Agreement may be provided free of charge, subjected to certain campaign from time to time or provided with a fee by Turktell. The User accepts that it is bound by Turktell’s pricing policy as long as it uses the Service.
  4. Principles on Processing Personal Data
    1. The data shared by the User and the data created before related Merchants via the transactions conducted via the use of such data will be stored during the term of this Agreement, shared with the Merchants and processed for the provision of the Service, performance of the transactions and provision of campaigns to the User. Furthermore, the mobile phone number, identity number, address, location, 16 digits of the credit card number, credit card security code (CVV/CVC), expiration date, name given by the User for the identification of the card (my bonus card, etc.) and data required for the provision of the Service will be processed upon the acceptance of the Agreement for the purposes of performance of required studies with the related business unit and business partners to suggest the special products and services during the term of the Agreement; taking steps for making, application and performance of the commercial decisions, ensuring the legal security of Turktell due to such relations and the provision of the Service. The use of such data will be ceased upon the expiration of the Agreement. Data will be stored during the Service and removed upon the termination of the Service. In addition to the Service term, Turktell will store such personal data during the terms of the statute of limitations regulated under the legislation for the limited purpose of performing required defences for disputes arising out of this Agreement.
    2. Under Article 11 of the Turkish Personal Data Protection Law the User has the right to apply to Turktell and,

      - Learn whether data relating to you are being processed;

      - Request further information if personal data relating to you have been processed;

      - Learn the purpose of the processing of personal data and whether data are being processed in compliance with such purpose;

      - Learn the third-party recipients to whom the data are disclosed within the country or abroad,

      - Request rectification of the processed personal data which is incomplete or inaccurate and request such process to be notified to third persons to whom personal data is transferred,

      - Request deletion or destruction of data in the event that the data is no longer necessary in relation to the purpose for which the personal data was collected, despite being processed in line with the Law and other applicable laws and request such process to be notified to third persons to whom personal data is transferred,

      - Object to negative consequences about you that are concluded as a result of analysis of the processed personal data by solely automatic means,

      - Demand compensation for the damages you have suffered as a result of an unlawful processing operation.

      These rights may be exercised via channels defined above or by delivering written demand to Aydınevler Mahallesi İnönü Caddesi No:20 Küçükyalı Ofispark B Blok - Maltepe / ISTANBUL. Upon the applications mentioned above, Turktell may deliver its positive/negative response in written or through digital media. In principle, no fee is collected for the actions required for the application. However, if the action in question incurs another cost, it is possible to request fee designated in accordance with Article 13 of the Turkish Personal Data Protection Law by the Personal Data Protection Board.
    3. Turktell undertakes to take all necessary technical and administrative measures and to have necessary inspections conducted under the terms defined in the applicable legislation or this Agreement in order to provide sufficient level of security to;

      - Prevent unlawful processing of personal data

      - Prevent unlawful access to personal data

      - Ensure the retention of personal data

      transmitted to itself through electronical media.
    4. Turktell shall not disclose said personal data to third parties in breach of this Agreement and Turklish Personal Data Protection Law or use them for purposes other than the purposes of processing personal data. Turktell declares that, in case it shares personal data of the Users with the outsourcing service providers pursuant to the provisions of this Agreement, these outsourcing service providers shall comply with the undertaking set out under this article.
  5. Enforcement and Termination of the Service and the Agreement
    1. The scope and continuation of the Service as the subject of this Agreement are at Turktell’s initiative. Turktell may cease provision of the Service any time, fully or partially, temporarily or permanently without being subject to any obligation to notify the User. The User accepts that the access to the Service and the application may be temporarily blocked in order to implement improvements and other changes on the application.
    2. This Agreement shall remain in force unless Turktell or the User terminates the Agreement in accordance with the legislation.
  6. Limitation of Liability
    1. Within the scope of the Agreement, Turktell shall only be liable to provide the Service and no provision of this Agreement shall be interpreted as Turktell having the liability over the transactions made with the credit card stored within the scope of the Service. All responsibility relevant to the transaction and to the good and/or service acquired as a result of the transaction shall be beared by the person or institution party to the transaction. The User knows and accepts that it must transmit any demand and complaint directly to the relevant person or institution.
    2. Turktell shall not be liable where the transaction cannot be performed due to the reasons not arising from Turktell such as card information which is not precise, accurate or current, invalid or unusable credit card etc. The User is solely liable for the stored credit card to be current and valid and providing precise, accurate and current information.
    3. Services are being offered “AS IS” and Turktell does not provide any commitment or undertaking with regard to the satisfaction of User’s personal expectations or compatibility of the Service to a certain purpose. Turkcell Group Companies shall not be liable for any direct, special, incidental, criminal damage arising from the use of the Service including but not limited to loss of profit, loss of reputation, expenses for the substitution of goods and services etc.
  7. Miscellaneous Provisions
    1. For the disputes arising out of this Agreement, the electronic and system records, commercial records, books and other records, microfilm, microfiche and computer records kept in the database and the servers of Turkcell Group Companies shall be deemed as binding, final and exclusive evidence and this article is an exclusive evidence agreement in the meaning of Turkish Procedural Code Article 193.
    2. In the event that any of the provisions of this Agreement shall be deemed invalid, nonconforming to the law or inapplicable for any reason, the provision shall be interpreted and applied in the closest way to its application as if it was not invalid, nonconforming to the law or inapplicable. These invalid, nonconforming to the law or inapplicable provisions shall not affect the validity, conformity to the legislation or applicability of remaining provisions.
    3. For the application and interpretation of this Agreement and the management of legal relations within the scope of this Agreement shall be subject to Turkish Law even if there is an international element and İstanbul (Çağlayan) Courts and Execution Offices shall have jurisdiction in all disputes arising or may be arising out of this Agreement.
    4. Turktell may update this Agreement at any time and unless required otherwise in the applicable law, all amendments made by Turktell shall enter into force at the date of amendment.
The User accepts, declares and undertakes that it has read and understood the provisions above and that this declaration of acceptance reflects its true will. This Agreement shall enter into force upon the electronic acceptance of the User.