TERMS OF USE AND PRIVACY POLICY

Date of Enforcement: 22.10.2018

Toyi Oyun ve Tasarım A.Ş. (“TOYİ”) is committed to respecting the right to inform its visitors about the terms of use of TOYİ’s website of http://www.toyi.io (“Website” or “Site”) and the privacy of its visitors’ personal data. The following “Terms of Use” and “Privacy Policy” is prepared to inform all visitors who access the Website and use the services provided within.

The visitors who access our Website shall be deemed approved the conditions set forth hereunder.

Terms of Use:

  1. TOYİ is the owner of both the Website and all information, visual, material, document, design, etc. (“Website Content”) displayed on the Website. TOYİ may independently determine, update, revise, change or abolish the content displayed on the Website.
  2. The Visitor may view the content and the Website for personal use and for the sake of gathering information. All other access and/or actions beside such personal use and acquisition of knowledge shall be deemed unlawful. The Visitor shall hereby accept and declare to act within the boundaries of the current laws and legislation of the Republic of Turkey and not to infringe 3rd party’s legal rights. The visitors shall accept and declare that the judiciary, administrative and criminal liabilities of the transactions and actions accrued during the Website visit and content use solely and exclusively belongs to them and further explicitly accepts that TOYİ shall not be liable of visitors’ any unlawful acts against third parties and that in such case shall be liable to indemnify TOYİ’s loss occurred or to be occured by lawful acts.   
  1. All writings, information, interpretation, opinion, news, content, visual, photo, video, image, design, picture, trademark, logo, figure, graphic, illustration and Website database including the design of the Website are a production, by means of law, work (“Work”) and belongs to TOYİ and/or any other third parties. The Work(s) are all protected under intellectual and industrial rights legislation. The visitor only has the right to use the Website and shall not provide any right or entitlement on intellectual and industrial property rights of the Works(s). Without TOYİ’s and the Work/artist/producer/design owner/ trademark owner/patent owner explicit consent, the visitors shall not copy, reproduce, translate, download, upload, use without making a reference, process, adapt, spread, publish, declare to public, represent and make any other kind of use of any of the Work(s) and/or any property of them, shall not make use exceeding ordinary legitimate use and exploitation, and/or shall not subject to unfair competition. The Visitor shall not interfere into, revoke, change, reverse engineer the Website Content and the numbers and/or codes that represent the content.

The visitor(s) hereby accept and declare that infringement of any intellectual and industrial right through Website would both mean TOYİ’s and the other third-party Work owners/artists/producers/designers’ right and shall bear judiciary and criminal liabilities towards both TOYİ and the Work owners/ right holders.

  1. The visitor may visit the Website without providing any personal data, however if the Visitor would like to conduct direct correspondence with TOYİ or subscribe TOYİ newsletter, your personal information (name, surname, Turkish ID No/ Tax ID no, phone no, e-mail address, delivery and invoicing address) will be collected and processed within the boundaries of the legislation. The detailed explanation on how the personal data of our visitors are collected, stored and used as per Law No: 6698 is provided under Privacy Policy here below.
  1. TOYİ does not provide accuracy and/or sufficiency and/or actuality of the information/content on the Website. The visitors hereby accept and declare that they will conduct the necessary research and validity check personally before using the information provided on the Website.
  1. The visitors shall solely be liable from the consequences of the content use and decisions taken upon the content of the Website and accept, declare and undertake not to attribute TOYİ any responsibility under no circumstances. The visitors accept and declare not to use any information, software, etc. which will include the virus that may inhibit, slow down, make difficult the general accessibility of the Website and obliged to avoid to any direct and indirect interference towards the Website.
  1. The visitors shall hereby accept and undertake that there may be some links to other websites or some content displayed on different websites, and that the control, accuracy or sufficiency of such content does not have any relation with TOYİ and that TOYİ shall not guarantee the security an/or validity of the information provided in such websites and that does not have any commitment and responsibility arising from the products, services, and privacy policy f such websites.
  1. TOYİ declares that it shall not be responsible for the abuse of rights (i.e. personal rights, IPRS) when reaching the Website through hyperlink as TOYİ is not responsible for the content and management of the web sites that provide the hyperlink.TOYİ is not representative, substitute or agent of any hyperlink web site.
  1. The visitors shall accept and declare that TOYİ shall freely make any kind of decision on the Website such as interrupting, slowing down, disrupting its accessibility, etc. Therefore, the visitors hereby accept and declare that in such cases they shall not indemnify any of their damages or loss from TOYİ.
  1. The visitors accept, declare and undertake that  TOYİ, TOYİ’s project partners and their employees shall not be liable to bear to indemnify any loss or damage arising by reason of unawareness (not reading) of these terms of use or infringing despite reading it.   
  1. In the event the visitors infringe this terms of use for in any way and act against operation of the Website, cause unproportional burden to the Website, infringes or acts as in danger of infringing the rights of third parties, the visitors’ use of the Website can be permanently or temporarily detained and TOYİ may pursue legal proceedings against the visitors. In such a case, the visitor agrees not to demand any loss and/or damage indemnification.
  1. The visitors shall explicitly accept and declare that they will act in good faith in all their actions and obey the Terms of Use and the relevant legal regulations, on the contrary case they shall solely bear the judiciary, administrative and criminal liabilities of their unlawful acts.
  1. The Parties accept and declare that in case any dispute arises from the Terms of Use hereabove, Turkish Law shall be applicable and İstanbul Çağlayan Courts and Execution Offices shall be entitled. All Website content and all electronic environment, digital data of TOYİ shall be deemed material evidence for the dispute as per Article 193 of the Turkish Code of Civil Procedure.

PRIVACY POLICY

TOYI is committed to respecting the privacy and protection of the visitors’ personal and non-personal data when browsing the Website.

This Privacy Policy is meant to explain to all visitors who access and use the Website services how personal and non-personal data of the visitors are collected and processed.

What Type of Data Are Collected?

–       Personal Data

The Personal Data are (i) contact details (i.e. name, surname, Turkish ID No/ Tax ID No, phone number, e-mail address, delivery and invoicing address, etc.) and (ii) personal information (i.e. date of birth, National ID number, education information, cv, etc.)

TOYİ receives the personal data for subscribing newsletter, make job applications that we announce through the Website and purchasing products online. As TOYİ, we may use and process such data with third party service providers (i.e iyzico, cargo delivery company, etc.) within the purpose we have been provided with.

Our visitors hereby accept and declare that, they share their personal data, as per Law No 6698 Article 5/1 and Article 6/2, at their own free will and express consent and that such data are requested for a better quality service and to make them informed about their applications or complaints and the events and updates announced on the Website.

–       Non-Personal Data

The non-personal data includes the data which do not give out any information about the identity of the visitor such as the data of the accessed website, IP address of your device, visit details including access time, browser type and referring URL, device designator, operating system type, standard web diary data, location data and other information. The web diary data includes the type of browser and the traffic between the visitors and the Website. TOYİ collects such non-personal data during the access of its visitors to the Website.

We use the help of the Google Analytics to improve our Website, make it more practical, efficient and secure. In each visit to our Website or contact and interaction with us, Google analytics collects data on accessibility and Website use automatically and during such process cookies, flash cookies and web analysis may further be enabled to receive the information.

Such non-personal data gathered through access to our Website are used for market investigation, planning, statistical analysis, commercials etc.

–       The Data Received From Third Parties

If the you enabled access, we may reach to your personal data from other third party sources (i.e. all websites or online platforms such as other social media accounts which reserves personal data). This type of data may also include, the data collected from commercial sources such as the administrative databases and data collectors and third parties. The personal data types that will be collected in such sources are generally name, surname, address, age and also information on your lifestyle such as shopping habits, likes, areas of interest, etc. and ,within the scope of the legislation, the personal data created by the visitor.

This Privacy Policy does not include any provision concerning the data collected by the parties such as applications, third party websites and platforms (such as social media websites/platforms such as facebook, twitter etc.), the data collected through the links of the Website and other commercials or promotion. The data which are collected, stored and used by the third parties or any other actions taken for the provided personal data are not under TOYİ’s responsibility or control.

How the collected personal data is used?

TOYİ, processes all collected personal and non-personal data, as per Article 4 of the Law No: 6698 in line with the law and in good faith, correctly, up to date, specific, explicit and legitimate way, also within the scope of purpose and in a limited and restrained way in line with Article 5 and 6.  

The processing of the personal data means collecting the data through fully or partially automatic system or through manual way but integrating it into a data record system, or making all kinds of actions on the collected data such as saving, storing, keeping, changing, rearranging, explaining, transferring, acquiring, making available, categorizing or preventing the use.

TOYİ processes the data by pursuing a specific goal, within the necessity and principle of proportionality, does not use the data for any reason beside its purpose, keeps them for the duration set forth in the legislation and does not keep the data more than its legal duration without anonymizing by the end of the term.

TOYİ, may collect, store and in sense process and share with foreign countries the personal data in line with Article 5 and 6 and for the purposes set forth under these articles. Furthermore, the non-personal data is collected to improve the relations of the visitors and to improve the Website and the security of the Website, improve its functionality and to revise the content  of the Website upon demand of the visitors, to make business development, to operate and improve communication activities

In addition to this, TOYİ may share the data with the support service provider third parties (data processing providers, hosting or managing service providers which also conducts data analysis, customer service providers, payment method service providers, etc.). The relevant third parties is provided with access on your data in order to fulfill their services.

The collected data shall not be used, processed or shared with third parties.

TOYİ, within the scope of the provisions stipulated under Law No:6698 and the decrees of the Council, shall not transfer the collected data to the other third party real or legal entities without explicit consent of the data providers. However, under the obligatory conditions set forth under the Law No:6698 and in relevant legislation, the data will be shared with the relevant entitled administrative and judiciary governmental authority without explicit consent of the data provider. In addition to this, for the conditions set forth under Article 8, if it is not possible to take the explicit consent of the provider for a de facto impossibility (i.e. for enacting or execution of contractor to fulfill a requirement arising from a legislation in force.) and as for special personal data for the conditions set forth under Article 6/3, the data may further be transferred without explicit consent of the provider.

What are the rights of our Visitors arising from the Law No. 6698?

As per Article 11 of the Law No. 6698, our visitor who shares their personal information with us may apply to TOYİ (hello@toyi.io) to;   

  1. a) Learn if your personal data have been processed,
  2. b) If processed, to request information,
  3. c) Find out the reason for processing and whether the data have been used in accordance with the purpose,
  4. d) Learn about the third parties your data have been sent to in and out of the country,
  5. e) Request correction if it is processed incompletely/incorrectly,
  6. f) Request deletion/destruction pursuant to the provisions of Article 7 of the Law No. 6698,
  7. g) Request the third parties, to which the data was sent, to inform about the processes performed as per paragraphs (e) and (f) above,
  8. h) Object to an adverse result against you due to the analysis of data with automatic systems exclusively,
  9. i) In the event of incurring damages due to the unlawful processing of data demand recovery of damages.

COKIE POLICY

As most websites do, TOYİ uses “Cookies” to show personalized content and advertisements to its visitors, to conduct analytical activities within the website and to track the usage habits of visitors.

This Cookie Policy is an inseparable part of TOYİ Privacy Policy.

In this Cookie Policy, TOYİ explains which Cookies are being used and how visitors can manage their preferences regarding these Cookies.

What are Cookies?

Cookies are small text files stored in your devices or network servers by the websites you visit via internet browsers. Cookies are generated by servers related to the website you visit. Thus, the server may recognize when the visitor later visits the same website.

Cookies do not consist of visitors’ personal data such as name, gender or address. For more detailed information about cookies, you may check www.aboutcookies.org and www.allaboutcookies.org.

Which Cookies Are Used?

Cookies are categorized by ownership, expiration, and purpose of use:

As for ownership, Site Cookies and third-party cookies are being used. Site cookies are generated by TOYI, third-party cookies are managed by different parties in cooperation with TOYI.

As for expiration, session cookies and persistent cookies are being used. Session cookies are deleted as soon as the visitor leaves the Site, however persistent cookies may remain in visitors’ devices for various periods of time depending on their usage purpose.

As for the purpose of use, technical cookies, verification cookies, targeting/marketing cookies, personalization cookies, and analytical cookies are being used in the Site.

Why Do We Use Cookies?

Cookies in Site are used within the scope of purpose as stated below:

– Implementing the fundamental functions of the Site to work properly.

– Analyzing the Site and increasing the performance of the Site.

For example, the integration of different servers on which the Site operates, the detection of the number of visitors and adjusting the performance of Site accordingly or making it easier for visitors to find what they are looking for.

– Increasing the functionality of Site and providing ease of use. For example, sharing content in third-party social media platforms through Site. Remembering the username information or search history of the visitors in subsequent visits.

– Conducting personalization, targeting and marketing activities.

For example, showing advertisements in relation to the previous web page or product visits of the visitors that might appeal to their interests.

How Can You Manage Cookie Preferences?

TOYİ cares about its users’ preferences and control over their personal data. However, it is not possible to manage preferences over some of the Cookies which are imperative for Site to function. Additionally, we want to remind you that in the event of disabling some of the Cookies, the Site’s some functions may fail to work properly.

Below you may find how to manage the preferences for Cookies used it the Site:

Visitors may change their browser settings through which they access the Site and personalize their Cookie preferences. Depending on the browser’s facilities, data owners have the means to block Cookies, get notifications before Cookies are used, disable or delete some of the Cookies of their choosing. These preferences may vary depending on the browser that is used. Cookie preferences may require visitors to make adjustments on every device they use to access the Site respectively.

In order to manage cookies on mobile devices, you may check your mobile device’s settings menu.

For further information on Terms and Conditions and Privacy Policy please contact us hello@toyi.io

 

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