CHARM BY ARIN

PRIVACY NOTICE ON THE PROTECTION OF PERSONAL DATA

FOR MEMBER CUSTOMERS

At Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti. (“Charm By Arın”), we place great importance on the privacy and security of the personal data which are shared with our Company. Charm By Arın carries out personal data processing activities in accordance with the regulations set forth in the Law No. 6698 on the Protection of Personal Data (the “Law” or the “LPPD”).  

Data Controller

The sub-paragraph (a) of the first paragraph of Article 10 of the LPPD, with the heading of “Data Controller’s Obligation to Inform” imposes an “obligation to inform” the data subjects of the identity of the data controller.  The term “data controller” is defined in Article 3(1)(ı) of the LPPD as “any natural or legal person who/which determines the purposes and means of processing of personal data, and who/which is responsible for the establishment and management of the filing system”. For the purposes of the implementation of the LPPD, Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti. (“Charm By Arın”) will act as a “data controller” with respect to the personal data that are collected within the scope of your shopping processes which are carried out over the website of Charm By Arın (www.charmbyarin.com) as a member. Within this framework, the “identity of the data controller” is Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti., a company which was duly incorporated in accordance with the laws of the Republic of Turkey to operate in the commercial and economic fields, and having its registered office situated at Bostancı Mah. Mine Sok. Selek Apt. A Blok No 14/1 İç Kapı No:5 Kadıköy-İstanbul.

Personal Data Processed and the Purposes for Processing

Within the scope of the conditions for processing of personal data specified in Article 5 of the LPPD, Charm By Arın processes your name-surname, identification number, e-mail address, phone number, address, birthday, billing details, order details and other shopping-related personal data, in accordance with the personal data processing principles prescribed in Article 4 of the LPPD. In this context, your personal data are processed for the purposes specified below:

  • the establishment of a sales contract; processing of payments; carrying out of the billing process; management of customer requests – pursuant to the legal basis of the conclusion or performance of a contract; your card information received during such transaction are not stored under any circumstances and are used only during the payment transaction;
  • the communication with your party in order to satisfy your requests during the fulfillment of our services – pursuant to the legal basis of the conclusion or performance of a contract;
  • the setting up of a customer database; informing the customers of the new products and campaigns by pursuing advertising and marketing activities; carrying out of advertising and marketing activities based on data such as city, gender and date of birth, if disclosed; application of personalized discounts on birthdays and personalized advertising and marketing activities based on the usage properties – pursuant to the legal basis of the attainment of explicit consent;
  • the settlement/resolution of disputes and legal actions, exercising legal claims or filing legal action or defending against legal claims, fulfillment of the burden of proof in a potential dispute, pursuant to the legal basis of the data processing being mandatory for the establishment, exercise and protection of a right:

 

  • the compliance with a statutory obligation stemming from applicable legislation including primarily, the LPPD, and other legislation such as the Turkish Code of Obligations No. 6098, the Law No. 6502 on the Protection of Consumers, the Turkish Penal Code No. 5237, The Tax Procedure Law No. 213, the Regulation on Commercial Communication and Commercial Electronic Messages, pursuant to the legal bases of compliance with a statutory obligation and being expressly permitted by law.

Who do We Transfer Your Processed Personal Data and for which Purposes? 

Under certain circumstances, Charm By Arın may transfer your personal data which are processed by our party, to third parties residing in Turkey, in accordance with the national and international legislation, in particular Articles 8 and 9 of the Law.

Your personal data which are given during the membership procedure are shared with the e-commerce solution partners of Charm By Arın, in its capacity as the data processor, and are transferred abroad, again in the capacity of a data processor, on the basis of your explicit consent as stipulated in art. 9 of the LPPD, due to the utilization – in the provision of such services – of the cloud services hosted on overseas servers.

Your personal data which are collected may be transferred – as limited to the personal data processing conditions and purposes as prescribed in Article 8 of the LPPD – to 3rd party service providers processing personal data (namely, our business partners, suppliers, Bank POS processors, legally authorized public institutions and private persons, for the administration of our own data, the distribution of e-mail messages, the conducting of research and analysis, the management of brand and product promotions and certain services and particulars, the collection of payments) for the purposes of data processing, within the scope of the conducting of necessary works by our business units in order to enable you to benefit from the products and services offered by our Company; the ensuring of the legal and commercial security of the persons that are in a business relationship with our Company; and the determination and implementation of commercial and business strategies; the provision of logistics and cargo services, to the extent necessary to (i) comply with administrative requests, court orders or the law; (ii) prevent the unlawful use of our Services or the violation of our Terms & Conditions for Services and our policies; (iii) defend our company against third party allegations/claims; and (iv) give support to combating fraud or investigations in connection therewith (such as forgery or theft, etc.).  

The Method of Collection of Your Personal Data and the Legal Basis of Processing

Your personal data are collected by Charm By Arın through www.charmbyarin.com by automated means or by non-automated means, pursuant to the legal bases listed above, and in order to carry out our commercial activities and to offer you products and services and to improv our processes.

Your personal data are collected and processed within the personal data processing conditions laid down in Article 5 of the LPPD, in cases where the processing of personal data is mandatory for (i) the conclusion and performance of a contract; (ii) Charm by Arın to comply with its statutory obligations; (iii) the establishment, exercise or protection of a right; and in cases where (iv) your explicit consent is obtained.

The Rights of the Data Subject Listed in Article 11 of the LPPD:

As a data subject, you may submit your requests regarding your below-listed rights to our party via info@charmbyarin.com. Your application shall be concluded by Charm By Arın as soon as possible and within 30 (thirty) days at the latest, depending on the nature of your request. In case the transaction requires an additional cost, you may be charged according to the tariff determined by the Personal Data Protection Board. Pursuant to Article 11 of the LPPD, the natural person whose personal data are processed is entitled to the following rights: 

  • being informed of whether his/her personal data are processed or not;
  • requesting information thereon if his/her personal data have been processed;
  • being informed of the purpose for the processing of his/her personal data and whether such data were used in conformity with such purpose or not;
  • knowing the third parties in Turkey or abroad to whom/which personal data are transferred;
  • requesting the rectification of incomplete or inaccurate personal data which were processed and the notification, of the operation carried out within this scope, to third parties to whom/which personal data were transferred;
  • requesting the deletion or destruction of personal data despite the processing in accordance with the law and other applicable legal provisions, once the reasons necessitating the processing cease to exist, and the notification, of the operation carried out within this scope, to third parties to whom/which personal data were transferred;
  • objecting to any outcomes to his/her detriment by means of the analysis of the processed data exclusively through automated means;
  • claiming the compensation of his/her damages, in case (s)he incurs any damages due to the unlawful processing of personal data.

CHARM BY ARIN

PRIVACY NOTICE ON THE PROTECTION OF PERSONAL DATA

FOR NON-MEMBER CUSTOMERS

At Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti. (“Charm By Arın”), we place great importance on the privacy and security of the personal data which are shared with our Company. Charm By Arın carries out personal data processing activities in accordance with the regulations set forth in the Law No. 6698 on the Protection of Personal Data (the “Law” or the “LPPD”). 

Data Controller

The sub-paragraph (a) of the first paragraph of Article 10 of the LPPD, with the heading of “Data Controller’s Obligation to Inform” imposes an obligation to inform the data subjects of the identity of the data controller.  The term “data controller” is defined in Article 3(1)(ı) of the LPPD as “any natural or legal person who/which determines the purposes and means of processing of personal data, and who/which is responsible for the establishment and management of the filing system”. For the purposes of the implementation of the LPPD, Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti. (“Charm By Arın”) will act as a “data controller” with respect to the personal data that are collected within the scope of your shopping processes which are carried out over the website of Charm By Arın (www.charmbyarin.com) as a member. Within this framework, the “identity of the data controller” is Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti., a company which was duly incorporated in accordance with the laws of the Republic of Turkey to operate in the commercial and economic fields, and having its registered office situated at Bostancı Mah. Mine Sok. Selek Apt. A Blok No 14/1 İç Kapı No:5 Kadıköy-İstanbul.

Personal Data Processed and the Purposes for Processing

Within the scope of the conditions for processing of personal data specified in Article 5 of the LPPD, Charm By Arın processes your name-surname, identification number, e-mail address, phone number, address, birthday, billing details, order details and other shopping-related personal data, in accordance with the personal data processing principles prescribed in Article 4 of the LPPD. In this context, your personal data are processed for the purposes specified below:

  • the establishment of a sales contract; processing of payments; carrying out of the billing process; management of customer requests – pursuant to the legal basis of the conclusion or performance of a contract; your card information received during such transaction are not stored under any circumstances and are used only during the payment transaction;
  • the communication with your party in order to satisfy your requests during the fulfillment of our services – pursuant to the legal basis of the conclusion or performance of a contract;
  • the settlement/resolution of disputes and legal actions, exercising legal claims or filing legal action or defending against legal claims, fulfillment of the burden of proof in a potential dispute, pursuant to the legal basis of the data processing being mandatory for the establishment, exercise and protection of a right:

 

  • the compliance with a statutory obligation stemming from applicable legislation including primarily, the LPPD, and other legislation such as the Turkish Code of Obligations No. 6098, the Law No. 6502 on the Protection of Consumers, the Turkish Penal Code No. 5237, The Tax Procedure Law No. 213, the Regulation on Commercial Communication and Commercial Electronic Messages, pursuant to the legal bases of compliance with a statutory obligation and being expressly permitted by law.

Who do We Transfer Your Processed Personal Data and for which Purposes? 

Under certain circumstances, Charm By Arın may transfer your personal data which are processed by our party, to third parties residing in Turkey, in accordance with the national and international legislation, in particular Articles 8 and 9 of the Law.

Your personal data which are given during the membership procedure are shared with the e-commerce solution partners of Charm By Arın, in its capacity as the data processor, and are transferred abroad, again in the capacity of a data processor, on the basis of your explicit consent as stipulated in art. 9 of the LPPD, due to the utilization – in the provision of such services – of the cloud services hosted on overseas servers.

Your personal data which are collected may be transferred – as limited to the personal data processing conditions and purposes as prescribed in Article 8 of the LPPD – to 3rd party service providers processing personal data (namely, our business partners, suppliers, Bank POS processors, legally authorized public institutions and private persons, for the administration of our own data, the distribution of e-mail messages, the conducting of research and analysis, the management of brand and product promotions and certain services and particulars, the collection of payments) for the purposes of data processing, within the scope of the conducting of necessary works by our business units in order to enable you to benefit from the products and services offered by our Company; the ensuring of the legal and commercial security of the persons that are in a business relationship with our Company; and the determination and implementation of commercial and business strategies; the provision of logistics and cargo services, to the extent necessary to (i) comply with administrative requests, court orders or the law; (ii) prevent the unlawful use of our Services or the violation of our Terms & Conditions for Services and our policies; (iii) defend our company against third party allegations/claims; and (iv) give support to combating fraud or investigations in connection therewith (such as forgery or theft, etc.). 

The Method of Collection of Your Personal Data and the Legal Basis of Processing

Your personal data are collected by Charm By Arın through www.charmbyarin.com by automated means or by non-automated means, pursuant to the legal bases listed above, and in order to carry out our commercial activities and to offer you products and services and to improv our processes.

Your personal data are collected and processed within the personal data processing conditions laid down in Article 5 of the LPPD, in cases where the processing of personal data is mandatory for (i) the conclusion and performance of a contract; (ii) Charm by Arın to comply with its statutory obligations; (iii) the establishment, exercise or protection of a right; and in cases where (iv) your explicit consent is obtained.

The Rights of the Data Subject Listed in Article 11 of the LPPD:

As a data subject, you may submit your requests regarding your below-listed rights to our party via info@charmbyarin.com. Your application shall be concluded by Charm By Arın as soon as possible and within 30 (thirty) days at the latest, depending on the nature of your request. In case the transaction requires an additional cost, you may be charged according to the tariff determined by the Personal Data Protection Board. Pursuant to Article 11 of the LPPD, the natural person whose personal data are processed is entitled to the following rights: 

  • being informed of whether his/her personal data are processed or not;
  • requesting information thereon if his/her personal data have been processed;
  • being informed of the purpose for the processing of his/her personal data and whether such data were used in conformity with such purpose or not;
  • knowing the third parties in Turkey or abroad to whom/which personal data are transferred;
  • requesting the rectification of incomplete or inaccurate personal data which were processed and the notification, of the operation carried out within this scope, to third parties to whom/which personal data were transferred;
  • requesting the deletion or destruction of personal data despite the processing in accordance with the law and other applicable legal provisions, once the reasons necessitating the processing cease to exist, and the notification, of the operation carried out within this scope, to third parties to whom/which personal data were transferred;
  • objecting to any outcomes to his/her detriment by means of the analysis of the processed data exclusively through automated means;
  • claiming the compensation of his/her damages, in case (s)he incurs any damages due to the unlawful processing of personal data.

PRIVACY NOTICE ON THE PROTECTION OF PERSONAL DATA

FOR WEBSITE VISITORS

 

At Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti. (“Charm By Arın”), we place great importance on the confidentiality and security of the personal data which are shared with our Company. Charm By Arın carries out personal data processing activities in accordance with the regulations set forth in the Law No. 6698 on the Protection of Personal Data (the “Law” or the “LPPD”). 

Data Controller

The sub-paragraph (a) of the first paragraph of Article 10 of the LPPD, with the heading of “Data Controller’s Obligation to Inform” imposes an “obligation to inform” the data subjects of the identity of the data controller.  The term “data controller” is defined in Article 3(1)(ı) of the LPPD as “any natural or legal person who/which determines the purposes and means of processing of personal data, and who/which is responsible for the establishment and management of the filing system”. For the purposes of the implementation of the LPPD, Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti. (“Charm By Arın”) will act as a “data controller” with respect to the personal data that are collected within the scope of your shopping processes which are carried out over the website of Charm By Arın (www.charmbyarin.com) as a member. Within this framework, the “identity of the data controller” is Charm By Arın Tekstil İthalat İhracat ve Tic. Ltd. Şti., a company which was duly incorporated in accordance with the laws of the Republic of Turkey to operate in the commercial and economic fields, and having its registered office situated at Bostancı Mah. Mine Sok. Selek Apt. A Blok No 14/1 İç Kapı No:5 Kadıköy-İstanbul.

Your Processed Personal Data and the Purposes for Processing

Charm By Arın processes your personal data, within the scope of transaction security data category, comprising of your name-surname, e-mail address, phone number, IP address, location data, the websites visited before and after the website, website entry and exit records and, if explicit consent is present – frequency of visits and user behaviors, within the scope of your visit to the website, and during your oral communication by calling the contact number specified on our website, or contact via our corporate e-mail address. Moreover, cookies are used on our website, and performance and advertisement cookies may be used, upon the attainment of your explicit consent. For further details, please visit our Cookie Policy. 

Charm By Arın processes the referred personal data for the following reasons:

  • in order to ensure the operation of the website, pursuant to the legal basis of the conclusion and performance of a contract;
  • name-surname, contact details and customer information, in order to administer requests and complaints, pursuant to the legal basis of the conclusion and performance of a contract;
  • your e-mail address, in case of the attainment of your explicit consent and your subscription to the e-bulletin, in order to deliver advertisements, promotions, marketing and campaign and commercial electronic messages;
  • in order to ensure the security of the website, to detect potential defective or suspicious access to the user accounts and our network, and to identify the technical issues, pursuant to the legal basis of compliance with a statutory obligation arising from the Law No. 5651; and
  • in case of the attainment of your explicit consent to the use of the cookie types concerned, to improve the website and user experiences, to create user-based page statistics, and to carry our advertising, campaign and promotion processes with the statistics so attained, and to offer personalized marketing service.

The Transfer of Your Personal Data

Under certain circumstances, Charm By Arın may transfer your personal data which are processed by our party, under the conditions which are prescribed in Articles 8 and 9 of the LPPD. Within this scope, pursuant to the conditions and purposes of personal data processing which are laid down in art. 8 of the LPPD, your personal data may be shared with our cooperation partners, from which we receive live support, in order to ensure the conclusion of a contract, the receipt of customer requests and complaints and the communication therewith, resolving customer requests and the attainment of the necessary support therefor.

Furthermore, strictly necessary/essential cookies, performance cookies and advertising cookies are used on our website, and your personal data may be transferred to non-resident Google, in the presence of your explicit consent (if you approve our Cookie Policy and accept advertising and performance cookies) due to the processes being carried out over Google Analytics.  

 

Upon your explicit consent and in accordance with the conditions for cross-border transfer of personal data as specified in Article 9 of the Law, your personal data will be transferred to non-resident third party service provider companies (Google, Facebook and Instagram), from which we receive analytics, marketing and re-marketing and infrastructure services, in our capacity as a data processor, in order to enable the provision of such services thereby.  

Additionally, in the event that any public administration, person, institution or organization is authorized to request your personal data in accordance with the laws (i.e. the Law No. 5651), your personal data may be transferred to the competent person, institution or organization in accordance with the legislation on personal data protection. Requests from judicial authorities shall also be met in accordance with the legislation. If and when such obligations arise under the Turkish law, the legal basis is (i) compliance with a statutory obligation; or alternatively, (ii) the establishment, exercise or protection of a right. Moreover, Charm By Arın may disclose your personal data for the purpose of preventing or investigating possible crimes such as fraud or identity theft in order to safeguard its rights or assets, or the rights, assets or safety of its users or other persons.

The Method of Collection of Your Personal Data and the Legal Basis of Processing

Your personal data are collected by Charm By Arın through www.charmbyarin.com by automated means or by non-automated means, pursuant to the legal bases listed above, and in order to carry out our commercial activities and to offer you products and services and to improv our processes.

Your personal data are collected and processed within the personal data processing conditions laid down in Article 5 of the LPPD, in cases where the processing of personal data is mandatory for (i) the conclusion and performance of a contract; (ii) Charm by Arın to comply with its statutory obligations; (iii) the establishment, exercise or protection of a right; and in cases where (iv) your explicit consent is obtained.

The Rights of the Data Subject Listed in Article 11 of the LPPD:

As a data subject, you may submit your requests regarding your below-listed rights to our party via info@charmbyarin.com. Your application shall be concluded by Charm By Arın as soon as possible and within 30 (thirty) days at the latest, depending on the nature of your request. In case the transaction requires an additional cost, you may be charged according to the tariff determined by the Personal Data Protection Board. Pursuant to Article 11 of the LPPD, the natural person whose personal data are processed is entitled to the following rights: 

  • being informed of whether his/her personal data are processed or not;
  • requesting information thereon if his/her personal data have been processed;
  • being informed of the purpose for the processing of his/her personal data and whether such data were used in conformity with such purpose or not;
  • knowing the third parties in Turkey or abroad to whom/which personal data are transferred;
  • requesting the rectification of incomplete or inaccurate personal data which were processed and the notification, of the operation carried out within this scope, to third parties to whom/which personal data were transferred;
  • requesting the deletion or destruction of personal data despite the processing in accordance with the law and other applicable legal provisions, once the reasons necessitating the processing cease to exist, and the notification, of the operation carried out within this scope, to third parties to whom/which personal data were transferred;
  • objecting to any outcomes to his/her detriment by means of the analysis of the processed data exclusively through automated means;
  • claiming the compensation of his/her damages, in case (s)he incurs any damages due to the unlawful processing of personal data.