Privacy Policy And User Agreement

THE POLICY ON THE PROTECTION AND PROCESSING OF PERSONAL DATA (CLARIFICATION TEXT)

Evakreatif values ​​the privacy of its visitors, members and users within the scope of services it provides through mobile applications and other digital platforms, and respects the concerns of the visitors, members and users regarding the privacy and security of shared personal information. In this context, Evakreatif Digital Agency has prepared this text in order to inform and enlighten you within the scope of the Law on Protection of Personal Data No. 6698 (“Law”) and other relevant legislation.

Declaration

The Law on Protection of Personal Data No. 6698, complied by Evakreatif, was adopted on March 24, 2016: It was published in the Official Gazette on April 7, 2016 and entered into force and is accepted as a policy on this site. That said, this text has been prepared by Evakreatif in accordance with Article 32 of the Law titled Enforcement: Articles 8 to 18 of the law (including Articles 8 and 18) came into force as of 7 October 2016. The law has been adopted in order to protect the fundamental rights and freedoms of individuals, especially the privacy of private life, in the processing of the data, and to regulate the obligations and the procedures and principles to be followed by real and legal persons who process personal data. With this text, the visitors are informed and enlightened by Evakreatif, and “Permission for Protection of Personal Data and Personal Data Sharing” is presented for the information and examination of the visitors.

1. The Extent Of The Policy Of The Protection And Processing Of Personal Data

This “Privacy Policy” (“Policy”) has been prepared for your data collected through the said sites and portals within the scope of the digital services included in Evakreatif and for the security of this data. Evakreatif adopts an approach that is fully compatible with internationally accepted privacy protection standards in order to protect the privacy of our visitors, members and users, to provide a secure experience in obtaining information and to use personal information.

2. Why We Process Personal Data

Personal data is required for carrying out the necessary operational activities to ensure that the services offered under the body of Evakreatif are offered to the customer, and for carrying out the necessary studies with the relevant business unit and business partners in order to recommend products and services which are suitable for the consumption and purchasing motivation of all users.

Your personal data may be processed by Evakreatif in the capacity of a data controller without seeking your explicit consent when:

a) It is clearly stated in the law.

b) It is compulsory for the protection of life or physical integrity of the person or someone else, who is unable to express her consent due to actual impossibility or whose consent is not legally valid.

c) It is necessary to process the personal data of the parties to the contract, provided that it is directly related to the performance of the contract.

d) It is obligatory in order to fulfill our legal obligations as a data controller.

e) It is made public by the concerned person.

f) It is mandatory for the establishment, exercise or protection of a right.

g) It is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

Providing the above-mentioned situations, your personal data may be processed relying on the conditions stated below.

2.1. Conditions of Processing of Sensitive Personal Data

Evakreatif does not process Sensitive Personal Data without the explicit consent of the concerned person: however, Personal Data other than health and sexual life are processed without the explicit consent of the concerned person, in cases stipulated by law. Personal Data related to health and sexual life are used by Evakreatif only for the purposes of protecting public health, performing preventive medicine, medical diagnosis, treatment and care services, and planning and managing health services and financing, without seeking the explicit consent of the person concerned, under conditions of confidentiality.

3. Why We Process Personal Data

Two types of data can be collected about you through Evakreatif, these are; Personal data of members visiting Evakreatif (the information you provide to us through electronic forms for purposes such as membership, participation in competitions) and behavioral data that are not your personal data and that we collect in order to improve our technological infrastructure and are collected by third parties.

4. With What Purposes We Collect Personal Data

In general, Evakreatif Web Site collects the data of the users for the following purposes:

  • To provide personalized services to our users and to increase user satisfaction by giving the user a better experience,
  • To contact our members, users or visitors and to inform them of our services and campaigns so long as they permit us,
  • To monitor the technical functions of Evakreatif Digital Agency and to ensure that it works as required,
  • To use it for advertising and sales purposes so that our visitors, members and users can continue to benefit from the Evakreatif Internet Site free of charge,
  • To send you our publications,
  • Sending newsletters or notifications by e-mail,
  • Answering your questions and providing effective customer service,
  • To inform you about our new services,
  • To do direct marketing by Evakreatif or its collaborators,
  • To use it in various statistical evaluations, database creation and market research without disclosing the identity of the user,
  • To identify the problems related to the system and to solve the problems that may arise in Evakreatif immediately,
  • To broadly identify IP addresses, users, visitors or members and to collect comprehensive demographic information.

Evakreatif Agency may adopt other policies or procedures for the security, confidentiality or collection of the data that is not included in this Policy.

5. How We Collect Personal Data
5.1 Membership/Registration

You share your information such as name, surname, e-mail address, telephone, address, gender and background information when registering with Evakreatif Digital Agency, performing your membership transactions, placing advertisements and bulletins, making use of our products and services, or contacting us. It is possible to register or become a member of Evakreatif through your accounts in social networks such as Facebook, Linkedin, Instagram etc. without entering your personal information(name, surname, birthdate, e-mail address, etc.). If you choose to register or become a member of our services through social networks within the scope of this Policy, you authorize us to process, transfer and store the data sent to us by the said social networks. We may collect your IP address information as part of your registration or membership transactions through social networks. You can unpair your membership accounts that you have matched through social networks at any time.

5.2 Content Produced by You or Publicly Available (Comments, votes, etc.)

In case you share information or personal data with public (e.g., comment, vote, score, give advice, share photos, explain your thoughts) so that other visitors, users or members are able to access and see them, your data (e.g. your photo, your name, surname, date of birth, nickname) are considered disclosed by you and may be used by Evakreatif for statistical, advertising or promotional purposes without your explicit consent. Evakreatif does not accept any responsibility in cases where your personal data you disclose is used by third parties or other sites.

5.3 Personal Information Collected in Contests, Sweepstakes, Surveys

If you participate in contests, surveys or sweepstakes organized by Evakreatif Digital Agency, your personal data may be collected by Evakreatif or third parties authorized by Evakreatif, subsumed under Evakreatif.

5.4 Information We Collect Automatically That Is Not Your Personal Data

We may collect data about you in order to adapt the technologies Evakreatif uses  to the needs of our users, members and visitors, so as to eliminate technical problems, and to audit our technical infrastructure. Through cookies or our other programs and software, we may collect information about your number of clicks, the frequency of opening tabs, or your behavior in the digital environment regarding the topics you are interested in, depending on your use within Evakreatif.

5.5 Device Information

We may collect data about your device that cannot be matched with you (such as location information) via electronic devices (computers, laptops, tablets, smart phones, smart televisions, etc.) you use within Evakreatif.

5.6 Cookies and Data Collected Through Beacon

Your usage information of Evakreatif Internet Sites and Digital Platforms can be obtained by use of technical communication files (Cookies). The technical communication files mentioned are small text files that a website sends to the user’s browser to be stored in the primary storage. Technical communication files facilitate the use of the Internet by saving status and preferences about a website. Technical communication files help to obtain statistical information about how many people use the Evakreatif Internet Site, for what purpose, how many times a person visits the website and how long they stay on the site, and to dynamically generate advertisements and content on user pages specially designed for users. Technical communication files are not designed to retrieve data or any other personal information from main memory or e-mail. Most browsers are initially designed to accept technical communication files, but users can change the settings so that technical communication files are not received or a warning is given when a technical communication file is sent. As long as the user does not change these settings, he or she is considered to have given explicit consent to the use of cookies. We may use technologies such as cookies and beacons and place them on your device. If you do not accept technology and packages such as cookies, Evakreatif Agency may not effectively perform the functions you expect or malfunctions may occur. We may share the data received through cookies with third parties for advertising purposes.

5.7 Cookie Policy

A cookie is a small text file a website uses in order to store data regarding your navigation on that site on your PC, phone or other device. The purpose of the Evakreatif Cookie Policy is considered to be making a website function properly, improving the user experience, developing and optimizing the site, serving more appropriate, interest-based advertising, and providing an interesting and personalized website/application and advertisement portfolio for visitors. In addition to this, Evakreatif agency remembers your preferences (language, country, etc.) specified in cookies to use them during your visit to our site and in your future visits. In accordance with this Policy, the “Cookies” which are used by this website as the main information storage method and the “Local Storage” area of ​​the browser are used for the same purpose. All information contained in this section also applies to the aforementioned “Local Storage”. We do not store sensitive personal information such as your address, password, credit or debit card information in the Cookies we use.

The Right to Avoid the Use of Cookies on the Website:

If you do not want to use Cookies on this website, taking into account the limitations described above, you must first disable the use of Cookies in your browser, and then delete the Cookies stored in your browser associated with this website. You can use this option at any time to prevent the use of cookies. You can restrict, block or delete the Cookies used on this website by changing your browser settings at any time by following the steps mentioned above. Cookies are usually located in the “Preferences” or “Tools” menu, although the settings are different in each browser. For more information about setting Cookies in your browser, see the “Help” menu of the browser.

6. To Whom And For What Purpose The Processed Personal Data Can Be Transferred

Your collected personal data can be transferred to our business partners, suppliers, shareholders, and to legally authorized public institutions and private persons, within the scope of terms and objectives of processing of personal data stated in the 8th and 9th articles of the Law on the Protection of Personal Data, for the following purposes: ensuring the legal and commercial security of people who have a business relationship with the Evakreatif Agency, carrying out the necessary work to benefit you from the products and services offered by Evakreatif, recommending you the products and services offered by Evakreatif by customizing them according to your tastes, usage habits and needs, determining and implementing of Evakreatif commercial and business strategies, and ensuring the execution of Evakreatif human resources policies.

7. Method And Legal Reason For Personal Data Collection

Evakreatif collects your personal data through different channels and based on different legal reasons in order to carry out commercial activities. Your personal data collected for these legal reasons can also be processed and transferred for the purposes specified in articles “b” and “c” of this text within the scope of the personal data processing conditions and purposes specified in Articles 5 and 6 of the Law on the Protection of Personal Data.

8. Rights Of Personal Data Owners Listed In Article 11 Of The Law On The Protection Of Personal Data

As personal data owners, if you submit your requests regarding your rights to Evakreatif through the methods set out below in this Clarification Text, Evakreatif will fulfill the request as soon as possible and within thirty days at the latest, free of charge, depending on the nature of the request. However, if a fee is stipulated by the Personal Data Protection Board, the fee in the tariff set by Evakreatif will be charged. In this context, personal data owners have the following rights:

  • Learning whether personal data is processed or not,
  • If their personal data has been processed, requesting information about it,
  • Learning the purpose of processing personal data and whether they are used in accordance with its purpose,
  • Knowing the third parties to whom personal data is transferred at home or abroad,
  • Requesting the correction of incorrect or incompletely processed personal data and requesting the notification of the alteration third parties to whom personal data has been transferred,
  • Requesting the deletion or destruction of personal data if the reasons requiring its processing have disappeared, although it has been processed in accordance with the provisions of the Law on the Protection of Personal Data and other relevant laws, and requesting the notification of the alteration to the third parties to whom the personal data has been transferred,
  • Objecting to a result unfavorable to the individual by analyzing the processed data exclusively through automatic systems,
  • Requesting the compensation of the damage in case of loss due to unlawful processing of personal data.

 

In accordance with paragraph 1 of Article 13 of the Personal Data Protection Law, you can send your request to Evakreatif in writing or by other methods determined by the Personal Data Protection Board so as to exercise your above-mentioned rights. Since the Personal Data Protection Board has not determined any method at this stage, your application to Evakreatif must be in writing in accordance with the Personal Data Protection Law. In this context, the channels and procedures which you will use in submitting your applications to Evakreatif in writing within the scope of Article 11 of the Personal Data Protection Law are explained below.

You can make your request, which includes the necessary information to identify you and your explanations about which one of the rights set forth in Article 11 of the Personal Data Protection Law you want to exercise, by filling in the application form on the Evakreatif website and sending it to iletis[email protected] address with your secure electronic signature.

9. Links Given To 3rd Party Websites Or Mobile Applications Through Evakreatif Websites And Digital Platforms

We may provide links to third party websites, portals or mobile applications. However, we are not responsible for the implementation of the privacy policies on these sites or to which third parties are subject. The privacy policies of third party websites or mobile applications may differ from this Policy.

10. How We Protect Personal Data

In order to protect your personal data from being processed and accessed illegally, and to ensure that the said data is stored in accordance with the law, we undertake to take the most suitable security measures through analysis of risk level of pre-existing data by information security policies for the protection of your data including your personal data in consideration of current technological developments including secure databases, servers, firewalls (security software) and encryption of e-mail information, and to notify the personal data owner and the administrative authorities as soon as possible in case of deletion or alteration of the personal data as a result of a cyber attack by a third person.

11. How To Manage Your Data

If you apply to us and state that you do not want your data to be stored, we undertake to delete the data which is not necessary for the operation of our system and which does not have a legal obligation that requires it to be kept , or for which the periods prescribed by law have expired. With your support, we keep your personal information up-to-date and accurate in the light of technological possibilities. You can request your information via membership systems or by sending an e-mail to “[email protected]” e-mail address.

12. How To Block E-mail Messages

You can block e-mail or instant message services sent to you by Evakreatif for marketing and advertising purposes at any time by using the methods provided in the messages.

13. Children

We do not intentionally process the data of users under the age of 18: both the real and legal persons we cooperate with and the departments of our company are aware of the sensitivity of your children’s personal data, and we take utmost care in the protection of this data. It is the responsibility of the parent or the legal representative to share children’s personal data with us. If a child shares his/her personal information with us without the parent’s consent, the parent may delete or ask us to delete such personal information through Evakreatif website: we recommend parents to take an active role in monitoring their children’s online activities.

14. Updating Of The Policy

When deemed necessary, the provisions of this Policy may be changed or renewed by Evakreatif for any reason without notice. The amended Policy provisions enter into force on the day Evakreatif publishes it: therefore, it is recommended to follow the Policy updates.

User Agreement

Dear visitor, please read this User Agreement carefully before visiting  Evakreatif Web Site. Your access to the Evakreatif Agency depends entirely on your acceptance of this contract and your compliance with your customers defined by this contract; if you do not accept any of the terms in this contract, please terminate your access to Evakreatif. Please note that if you continue to access Evakreatif Digital Agency, we will assume that you accept the entire text of this contract unconditionally and without limitations.

Evakreatif website serves in accordance with the Privacy Policy, taking into account the laws of the Republic of Turkey. The User Agreement prepared by Evakreatif enters into force as soon as it is published. Evakreatif reserves the right to make amendments the contract: it is the user’s responsibility to follow the current posts announced by Evakreatif. When you start using the website, you will be assumed to have accepted the responsibilities from the beginning.

Privacy

Confidentiality is used by Evakreatif to lay out the basis of the processing of your personal information on a different page. If you are a user on the Evakreatif website, you are deemed to accept that the processing of the information is implemented in accordance with the confidentiality policy.

Scope Of Services

Evakreatif is completely free to define the scope and quality of the services it provides, within the framework of the law. In addition to this, the differences that are made regarding the services under Evakreatif will enter into force as soon as being published on this site.

Copyrights

Evakreatif Digital Agency owns the copyrights of all texts, codes, graphics, logos, photographs, sound files and software published under its brand (hereinafter referred to as “content”) and the agency is free to reserve all its rights. It is prohibited to reproduct or copy the content of the site without written permission.

General Decisions

All of the users guarantee that they will use the Evakreatif brand only for legal and personal purposes and that they will not engage in any activity that will infringe the rights of the third party: the legal and penal responsibilities of the actions they take within the scope of Evakreatif belong to the user. Evakreatif has no direct and/or indirect liability for damages incurred by third parties due to these works and actions. There is a department responsible for ensuring the accuracy and up-to-dateness of the information available under Evakreatif, but besides the department’s work, the information itself may be out of date. However, there may be some changes which cannot be controlled by the department. We do not give any explicit or implied guarantee regarding the accuracy and up-to-dateness of the information contained within Evakreatif, in addition to this, Evakreatif Agency makes no promise whatsoever. Evakreatif Digital Agency may send hyperlinks to other websites, applications and platforms operated by third parties and whose contents are unknown to us: the only function of Evakreatif on this matter is providing access to these sites and therefore no liability is accepted for the contents of other websites. Whether or not to enter the relevant sites is entirely up to the users and Evakreatif does not accept any responsibility in this regard. Evakreatif is free from viruses with a special software it uses and it has a department which is to prevent viruses, however,  the agency does not promise a virus-free platform. For this reason, it is the user’s responsibility to take mandatory precautions against viruses while downloading information under Evakreatif Digital Agency. In this context, Evakreatif cannot be held responsible for any damage caused by malicious programs, codes or materials, such as viruses. Evakreatif does not guarantee that there will be no defects or errors in the services offered on the website, or that there will be continuous service, therefore, it also reserves the right to terminate your access to the services or any part of the site at any time without notice.

Limitation Of Liability

Liability for damages arising from the use of Evakreatif is limited to wrongful intention and gross negligence: in the case of damages caused by the violation of the contract, the total compensation that can be offered is limited to the foreseeable damages. The limitations of liability mentioned in this text also do not cover the damages concerning human life, bodily injury or health of an individual. Evakreatif does not accept responsibility for and cannot be held responsible from any compensation which generates from a delay, non-performance or default in the events that are legally considered force majeure.