PERSONAL DATA AND GENERAL PRIVACY AGREEMENT
1. Parties and Definitions
This Agreement is entered into and shall remain effective indefinitely between E2MH GRUP YAZILIM TEKNOLOJİLERİ A.Ş., residing at Kutlu Mahallesi Mutlu Caddesi No:52/B Mamak, Ankara, Turkey (hereinafter referred to as the "COMPANY" or "Data Controller"), and the user/customer who becomes a member, places an order, or visits the website [www.e2mh.com.tr] (hereinafter referred to as the "USER" or "Data Subject").
2. Purpose and Scope of the Agreement
This Agreement is prepared to determine the privacy boundaries and the principles of processing and protecting the personal data belonging to the USER in accordance with the Law No. 6698 on the Protection of Personal Data ("KVKK") during the execution of digital infrastructure services (Web Hosting, VDS/VPS, Dedicated Server, Bulk SMS, Corporate Email, and Software Solutions) offered by the COMPANY.
3. Confidentiality Principle and Data Security Obligations
- Non-Disclosure Obligation: The COMPANY undertakes to keep any commercial, technical, and personal information belonging to the USER, which it becomes aware of during the execution of services, strictly confidential and to preserve it as a trade secret.
- Server and Data Security: Within the scope of hosting and server colocation services, the COMPANY shall not access, copy, or share with third parties any server content, databases, or email correspondences belonging to the USER, except for statutory obligations or explicit technical support requests.
- Cybersecurity Measures: The COMPANY takes all necessary technical and administrative measures within the scope of SSL certificates, Anti-Spam/Anti-Virus software, and up-to-date cybersecurity protocols in order to prevent unlawful processing of and access to personal data.
4. Processing of Personal Data and KVKK Policy
4.1. Processed Data Categories
Within the scope of the services provided through the WEBSITE, data categories including identity (name, surname), contact (email, phone, billing address), customer transaction (order history, support tickets), and transaction security (IP address, log files) are processed.
4.2. Purposes and Legal Grounds for Processing Personal Data
Your personal data are processed pursuant to the provisions of Article 5/2 of the KVKK based on the following legal grounds:
- Establishment and Performance of a Contract (Art. 5/2-c): Activation, billing, and technical support processes (Support Ticket System) for the ordered hosting, domain registration, SMS, or server services.
- Legal Obligation of the Data Controller (Art. 5/2-ç): Retaining traffic log records pursuant to Law No. 5651 and preserving financial records pursuant to Tax Procedure Law No. 213.
- Legitimate Interest (Art. 5/2-f): Ensuring the security of the WEBSITE and improving service quality.
4.3. Transfer of Personal Data
Your personal data may only be transferred to third parties (such as domain registrars in compliance with ICANN rules, bulk SMS infrastructure providers, or authorized public institutions within the scope of legal notice requirements) in accordance with the up-to-date data transfer regulations of the KVKK and strictly limited to the fulfillment of contractual obligations.
5. Customer Content and Hosting Responsibility
- Data Ownership: The USER is the exclusive owner and responsible party for any data, software, database, and website content hosted on the servers of the COMPANY.
- Backup and Protection: Although the COMPANY implements general security measures within its technical infrastructure, the ultimate responsibility for backing up and protecting the data belongs to the USER (unless otherwise specified by a supplementary contract). The COMPANY bears no financial or legal liability for potential data losses unless caused by direct intent of the COMPANY.
6. Rights of the User (Article 11 of KVKK)
Pursuant to Article 11 of the KVKK, the USER has the right to learn whether their personal data is processed, to request information if processed, to request rectification of incomplete or inaccurate data, and to request erasure of their data. These rights can be exercised by submitting a written application to the [kvkk@e2mh.com.tr] email address.
7. Enforcement and Acceptance
This Agreement shall enter into force between the parties indefinitely at the moment the USER digitally approves the checkbox that reads "I have read and understood the Privacy Agreement" while creating a membership or placing an order on the WEBSITE.
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