SUPPLY CHAIN AND WORKING CONDITIONS POLICY

1.Purpose

Modanisa Elektronik Mağazacılık ve Ticaret Anonim Şirketi ("Holding Company") and its Group Companies (Holding Company and its Group Companies together referred as “Modanisa”) are subject to the legal requirements of the jurisdictions in which it does business, including the Republic of Turkey. Among these requirements are international conventions and other applicable regulations relating to human trafficking, slavery, servitude, child labor and forced or compulsory labor, immigration, recruitment, working hours, minimum pay and workplace conditions.

It is therefore vital for Modanisa and all Modanisa Employees understand and comply with this Supply Chain and Working Conditions Policy (“SCWC Policy”) and consult the Compliance Officer if they have any doubts about whether an activity is permitted. Modanisa is committed to avoiding any activity that would result in modern slavery, servitude child labor, forced or compulsory labor or human trafficking.

Modanisa is also committed to having high standards for supply chain and working conditions. Therefore, Modanisa maintains a policy of zerotolerance towards human trafficking, slavery, servitude, child labor and forced or compulsory labor. Any evidence of violations of applicable laws or of the principles outlined in this SCWC Policy will be investigated and appropriate disciplinary measures may be taken.

2.Definitions

“Business Partners” means any Suppliers, contractors, sub-contractors, agents, joint venture partners, non-controlled subsidiaries, consortium partners, representatives, brokers, custom brokers, real persons or legal entities concluding intermediary, teaming or similar agreements with Modanisa, nominated sub-contractors, consultants, advisers, lawyers and other intermediaries who have a business relationship with Modanisa.

“Compliance Officer” means the full-time employee appointed by the Holding Company reporting directly to the CEO of the Holding Company. The Compliance Officer is responsible from supervision and the application of this SCWC Policy.

“Group Companies” means any entity owned or controlled, directly or indirectly, by the Holding Company, or any entity, directly or indirectly, under common control with the Holding Company.

“Holding Company” means Modanisa Elektronik Mağazacılık ve Ticaret Anonim Şirketi.

"Hotline" means the secure and accessible channels through which Modanisa Employees, Business Partners and other parties can anonymously raise concerns with Modanisa and report suspicious circumstances (i.e., any potential violation of this SCWC Policy) in confidence and without risk of reprisal.

“Modanisa” refers to the Holding Company together with its Group Companies.

“Modanisa Employees” means any board of director, executive, manager, officer, employee, agent, contractor, worker, consultant or representative of Modanisa.

“Modern Slavery and Human Trafficking Laws” means all applicable anti-slavery or human trafficking laws, statutes, regulations and codes from time to time in force applicable to Modanisa including laws, statutes and regulations relating to immigration, recruitment, slavery, servitude, forced or compulsory labor, child labor, working hours, minimum pay and work place conditions.

“SCWC Policy” means Modanisa's Supply Chain and Working Conditions Policy.

“Supplier” means Modanisa's suppliers providing products, raw materials or services which are required for Modanisa to carry out its business activities. Suppliers should be interpreted as key Business Partners while interpreting this SCWC Policy.
 

3.Priority between the SCWC Policy and Legislation


Modanisa and Modanisa Employees may be subject to the laws of many countries around the world. Modanisa and Modanisa Employees are expected to act in accordance with the laws of the Republic of Turkey, the applicable laws of the concerned countries and this SCWC Policy. In case of a discrepancy between the provisions of this SCWC Policy and the applicable laws, the applicable laws will prevail.

4. Scope


This SCWC Policy applies to (i) Modanisa, (ii) all Modanisa Employees regardless of their position and (iii) all Business Partners (where applicable) including any suppliers of Modanisa and any persons and organizations carrying out activities for or on behalf of Modanisa. All Modanisa Employees are required to sign the statement attached in Annex-1 in which they undertake to comply with Modanisa's SCWC Policy.

5.  General Rules
  
Modanisa undertakes to comply with all Modern Slavery and Human Trafficking Laws including but not limited to Turkish Labour Law No. 4857, Turkish Regulation on the Procedure and Principles of the Working Conditions of Children and Young Workers, UK Modern Slavery Act 2015. Modanisa will endeavor to comply with all global standards on this issue determined by the international organizations, all international conventions issued by the International Labour Organisation including but not limited to (i) Freedom of Association and Protection of the Right to Organise Convention, 1948, (ii) Forced Labour Convention, 1930, (iii) Abolition of Forced Labour Convention, 1957, (iv) Minimum Age (Industry) Convention, (v)Equal Remuneration Convention, 1951, and (vi) Discrimination (Employment and Occupation) Convention, 1958.

 

All Modanisa's Suppliers and other Business Partners will endeavor to comply with the above mentioned rules while they carry out their activities. Any violation may lead to unilateral termination of the agreements between Modanisa and that specific Supplier other Business Partner as explained in Article 13 below.

6. Forced Labor, Human Trafficking and Modern Slavery


According to ILO Forced Labour Convention, 1930, forced or compulsory labour is all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily.

According to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, human trafficking is the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.

Modanisa is against any kind of involuntary work. Modanisa acknowledges that employment must be on voluntary basis and chosen on free will. Modanisa, its Suppliers and other Business Partners cannot take any action which would result in modern slavery, servitude, child labor, forced or compulsory labor or human trafficking.

 

7. Child Labour


Modanisa, its Suppliers and other Business Partners acknowledge that children under 15 years old cannot be employed under any circumstances. A child above 15 years can only be employed if applicable local regulations including but not limited to Turkish Regulation on the Procedure and Principles of the Working Conditions of Children and Young Workers permit. In any event, if a child above 15 years is planned to be employed, extra caution must be given both before and during the employment to ensure the continued compliance with the applicable regulations. All applicable regulations on the children's working conditions should be strictly followed at all times.

8.Wages and Working Hours


Modanisa, its Suppliers and other Business Partners must comply with all applicable laws regarding wages and working hours, including minimum wage, overtime, maximum working hours, meal and rest periods, and provide the subsidiary rights that are legally required. In the cases where local industrial standards exceed applicable legal requirements, Modanisa, its Suppliers and other Business Partners are encouraged to meet these higher local industrial standards.
 

9. Freedom of Association and Collective Bargaining

Modanisa, its Suppliers and other Business Partners respect the right of their employees to be or not to be members of a union, or the right to accept the employee representation in accordance with the local laws. Modanisa, its Suppliers and other Business Partners do not discriminate against their employees based on their union choice or membership.

 

10. Discrimination


According to the International Labour Organization, discrimination in employment and occupation means treating people differently and less favorably because of characteristics that are not related to merit or the requirements of the job. These characteristics include race, color, sex, religion, political opinion, national extraction and social origin (as well as any other set out under applicable local law). Modanisa, its Suppliers and other Business Partners do not tolerate any discrimination based on the above characteristics and will not discriminate against their employees or their business partners based on any of the abovementioned characteristics.

11.Health and Safety


Modanisa, its Suppliers and other Business Partners must comply with all applicable laws, rules, regulations and industrial standards related to health and safety to preserve their employees' physical and mental wellbeing. Modanisa, its Suppliers and other Business Partners will take measures required by applicable law for preventing accidents and injuries.
 

12.Engagement with Suppliers and other Business Partners


Modanisa is required to carry out due diligence before engaging with a Supplier to determine whether they comply with Modern Slavery and Human Trafficking Laws. In the event that an issue or red flag is uncovered as part of this due diligence process, Modanisa may not engage with the relevant Supplier until the relevant risk is adequately addressed or rectified. If any issues identified during the due diligence process cannot be adequately addressed or rectified, then Modanisa may not engage with that specific Supplier at all.

Once the due diligence is completed and no issues have been identified, or any issues that have been identified have been adequately addressed or rectified, then Modanisa can engage with the relevant Supplier. Before any such engagement, the relevant Supplier will be provided with this SCWC Policy and they will be required to sign the template statement attached in Annex-2 in which they undertake to use their reasonable efforts to comply with this SCWC Policy and the Modern Slavery and Human Trafficking Laws.

Modanisa will also provide a copy of this SCWC Policy to its current Suppliers and request that they sign the statement attached in Annex-2 in which they undertake to use their reasonable efforts to comply with this SCWC Policy and the Modern Slavery and Human Trafficking Laws. In case of failure to sign the statement attached in Annex-2, the relationship with that Supplier may be terminated.

In the event that Modanisa suspects that any of its potential Business Partners violate the Modern Slavery and Human Trafficking Laws, Modanisa carries out the same engagement process mentioned above for the Suppliers to ensure its potential Business Partner's compliance with the this SCWC Policy and the Modern Slavery and Human Trafficking Laws.

 

13. Expectations from Suppliers


All Suppliers are expected to comply with the SCWC Policy and the Modern Slavery and Human Trafficking Laws at all times. In the case of a failure to comply, Modanisa reserves the right to immediately terminate its relationship with that specific Supplier. In order to ensure its Suppliers' compliance with the SCWC Policy and the Modern Slavery and Human Trafficking Laws, Modanisa may audit its Suppliers from time to time.
 

14. Audits over Suppliers


Modanisa audits its Suppliers' facilities from time to time to determine whether they comply with this SCWC Policy and the Modern Slavery and Human Trafficking Laws. Modanisa also carries out audits when it receives any report or allegation regarding violation of this SCWC Policy or the Modern Slavery and Human Trafficking Laws by one of its Suppliers. During these audits, the Suppliers' employees working conditions are audited.

If any deficiency or violation of this SCWC Policy and the Modern Slavery and Human Trafficking Laws is determined during these audits, the violations and deficiencies are reported to the relevant Supplier with a suggested action plan. The relevant Supplier is given a 30 day period to cure the violation or deficiency. If no substantial improvement is made within 30 days, then Modanisa may unilaterally terminate its agreement with the relevant Supplier without being obligated to pay compensation.

15. Agreements with Suppliers

As long as it is practically possible, in any agreement to be executed between Suppliers and Modanisa, Modanisa endeavors to include audit rights over Suppliers, unilateral termination rights without Modanisa being obligated to pay compensation and right to request compensation by Modanisa in case of a unilateral termination in case of violation of this SCWC Policy and the Modern Slavery and Human Trafficking Laws to ensure their efficient application. During the renewal of existing agreements, such provisions will also be included in the existing agreements. In case of need, such provisions will be added into the agreements to be executed between other Business Partners and Modanisa.

16. Accessibility of this SCWC Policy

Modanisa ensures that a link to this SCWC Policy is accessible on the first page of Modanisa’s website to promote its compliance with all Modern Slavery and Human Trafficking Laws. A statement in compliance with the UK Modern Slavery Act 2015 can also be found in Modanisa's website through this link [please insert the link].

17. Trainings

In order to promote the compliance with the SCWC Policy, Modanisa provides specific training to all Modanisa Employees. This training will be tailored in accordance with the relevant needs and circumstances as well as Modanisa Employees' seniority and position. This training will be related to the Modern Slavery and Human Trafficking Laws and the SCWC Policy. Modanisa Employees, regardless of their positions, are all required to participate in any such training. Any failure to attend any such training without a valid reason may result in disciplinary sanctions.

These compliance trainings are to be provided to all new employees as part of their orientation program.

Where appropriate, Modanisa may also provide compliance trainings related to this SCWC Policy to its Business Partners, especially to its Suppliers. The refusal to participate in any such training without any valid reason may result in the termination of the business relationship without paying any compensation.

Face-to-face compliance training will be provided to Modanisa Employees based at the headquarters of the Holding Company. For other Modanisa Employees based in foreign countries or other cities in Turkey, online training will be provided. Additionally, if required and so far as is practical, translation to different languages will also be provided.

The Compliance Officer is responsible for the preparation and provision of training regarding the SCWC Policy and the Modern Slavery and Human Trafficking Laws, and may request assistance from the human resources department.

18. Reporting Violations

All Modanisa Employees are responsible for Modanisa's compliance with the Modern Slavery and Human Trafficking Laws. If any Modanisa Employee notices a violation of the SCWC Policy, they are required to immediately report the aforementioned situation to the Compliance Officer and/or Hotline. Modanisa encourages all Modanisa Employees to raise concerns and report suspicious circumstances to the Compliance Officer and/or Hotline as early as possible. The failure to report any suspicion is considered as a violation of this SCWC Policy.

Upon receipt of any concern, Modanisa will look into and address the matter.

19. Investigation

Modanisa takes seriously any notice relating to possible violation of the Modern Slavery and Human Trafficking Laws or this SCWC Policy. The Compliance Officer will confidentially examine the situation and determine appropriate action and next steps. Any individual involved in an investigation related to this SCWC Policy is required to cooperate in good faith with such investigation. Any individual who is involved with any such investigation will, subject to any applicable law, be required to keep all discussions and information confidential.

All parties involved in investigations are expected to cooperate during an investigation and provide all requested information and documents in a timely manner. If required, the Suppliers and other Business Partners must ensure that all actions are taken to comply with the requirements provided in the Turkish Personal Data Protection Law No. 6698 relevant to their own employees.

20. Internal Audit

During the periodical internal audits to be carried out in Modanisa, Modanisa and Modanisa Employees' continued compliance with the SCWC Policy and the Modern Slavery and Human Trafficking Laws is also assessed. If any failure of these rules or any room for development is identified during these internal audits, they are reported to the Compliance Officer with the suggested actions. The Compliance Officer is responsible for the supervision and implementation of any suggested actions.

21. Hotline

All Modanisa Employees, Suppliers, Business Partners and other parties can raise concerns related to the Modern Slavery and Human Trafficking Laws with Modanisa and report suspicious circumstances in confidence and without risk of reprisal through the Hotline. All reports to the Hotline can be made anonymously.

The “Modanisa Compliance Hotline” can be accessed through the following channels:

• Phone Number: [please insert a number]
• E-mail Address: [please insert an email address]

All complaints submitted to the Hotline will be kept confidential. Subject to any applicable local law, whistleblower's name will not be disclosed. All Modanisa Employees are encouraged to report their suspicions of misconduct in good faith in a "fear-free" environment, which ensures that they will not be subject to any form of reprisals.

22. Questions

Related to this Policy All Modanisa Employees and Business Partners can address their questions or concerns regarding this SCWC Policy to the Compliance Officer. If any investigation should be initiated related to these concerns, the Compliance Officer will carry out the investigation confidentially.

 

MODERN SLAVERY AND HUMAN TRAFFICKING STATEMENT

We know that slavery, servitude, child labour, forced labour and human trafficking (“Modern Slavery”) are global and growing issues given the rapid increase in global migration, existing in every region in the world and in every type of economy, whether industrialised, developing or in transition. No sector or industry can be considered immune or untainted. Modanisa is very keen on having high standards for supply chain and working conditions. Modanisa has zero-tolerance approach to Modern Slavery including but not limited to human trafficking, slavery, servitude, child labour, forced labour within our operations and supply chain. We all have a responsibly to be alert to the risks in our own business and in the supply chains. Any evidence of violations of the applicable laws will be investigated and appropriate measures will be taken.

Our organisation and business

Founded in 2011, Modanisa enables modest women to look good and feel self-confident in today’s world. Our mission is to build a global ecosystem that combines fashion and technology to serve the life style needs of modest women. We bring fashion and technology together with iconic brand and smart operations to create great value for our customers. We invest in each and every customer’s experience. We strongly believe in putting people first – our customer, our team, our partner. We bring accessibility to latest fashion, embrace differences and honor diversity. We build mutual trust with our stakeholders and we are a brand good on our word.

Our policies on Modern Slavery

It is one of our guiding principles to build and maintain the highest standards amongst our suppliers and take practical steps to guard against exploitation of workers, forced labour, harassment, intimidation and human trafficking. Equally, Modanisa is focussed on providing a working environment in which our People can thrive. Our suite of people-related strategies and policies ensure that integrity is ingrained as a core value, and annual delivery of our specialist modern slavery training validates our shared understanding of our compliance culture. It is the responsibility of all our People to adhere to the strategies, policies and training provided, in addition to any specific local requirements. Our strategies and policies are extended to our prospective supply chain partners through our SCWC Policy and are made available through our corporate website.

Modanisa internal policies include our Supply Chain and Working Conditions Policy (“SCWC Policy”) where we confirm that we will not tolerate or condone abuse of human rights within any part of our business or supply chains and will take seriously any allegations that human rights are not properly respected. In addition, our other internal policies and procedures such as our Employment Procedure and Code of Ethics envision rules which embody our utmost attention and sensitivity for fight against Modern Slavery.

Our supply chains

Almost all of Modanisa’s product suppliers are based within Republic of Turkey but we are provided with the services from all over the world, especially technology suppliers based overseas.

We have zero tolerance to Modern Slavery. As part of the Modanisa’s commitment to these principles, in May 2019 Modanisa developped the Modanisa Supplier Situation Analysis System for its suppliers (“Supplier Analysis System”) as part of its supply chain management. Modanisa requests to be informed about suppliers’ situations and their commitment on ethical business principles in several areas where human rights can be affected. These include the prohibition of forced labour, child labour and inhumane treatment. In connection with the priority issues established in the different areas, enhancing management of the entire supply chain from the viewpoint of corporate social responsibility has been established as a priority area.

All Modanisa employees around the world are required to abide by SCWC Policy in order to ensure that Modanisa exhibit and promote ethical business activities. Modanisa do not use child or forced labour in any of our global operations or facilities. None of us should tolerate any form of unacceptable treatment of workers in our operations or facilities. This means, among other things, that we do not permit exploitation of children, physical punishment or abuse, or involuntary servitude. We fully respect all applicable laws establishing a minimum age for employment, in order to support the effective abolition of child labour worldwide. Workers under the age of 18 shall not perform hazardous work and all workers under the age of 18 are employed solely with legal intern status. Employees understand that they must know and follow our policies, as well as the policies and procedures that apply to their job. Employees are expected to report known or suspected violations. Finally, failure to follow the law or the policies will subject employees to disciplinary action, up to and including termination.

We promote action to ban slavery and human trafficking from our supply chain. For the products that we sell, suppliers of those products are requested to commit to the ethical business principles set out in SCWC Policy. Further, we reflect those standards in agreements with suppliers. For products that we source ourselves and for services, all our suppliers receive a statement within their terms of business of our expectation that they, and their own supply chain, are free of slavery, servitude, forced labour and human trafficking. The statement refers to confirmation that our suppliers are deemed to be giving if they continue to supply products and/or services to us.

We take all reasonable levels of assurance and undertake the following activities on an ongoing basis to assess and address these risks:
 
  • Due diligence process with a supplier in order to determine whether that they comply with Modern Slavery,
  • Informing the suppliers related with SCWC Policy and Modern Slavery regulations and obtainment of statement in which suppliers undertake to comply with them,
  • Determining the parts of the supply chain where there is a risk of slavery and human trafficking and implementation of a special audit program for the suppliers possessing such risks,
  • Providing Modern Slavery trainings to all employees, and
  • Implementation of a process on reporting violations.

Training

In order to promote the compliance with the SCWC Policy, Modanisa provides specific training to all Modanisa Employees. This training will be tailored in accordance with the relevant needs and circumstances as well as Modanisa Employees' seniority and position. This training will be related to the Modern Slavery and Human Trafficking Laws and the SCWC Policy. Modanisa Employees, regardless of their positions, are all required to participate in any such training.

Declaration

This statement has been published in accordance with the Modern Slavery Act 2015 and it sets out the steps taken by Modanisa Elektronik Mağazacılık ve Ticaret A.Ş. and its group companies (“Modanisa”) during year 2019 to prevent modern slavery and human trafficking in its own business and its supply chains.

As always, Modanisa will approach the fight against Modern Slavery with sensitivity and further develop the measures it takes in this context every year.



 
PERSONAL DATA PROTECTION POLICY

As a data controller, Modanisa Elektronik Mağazacılık ve Ticaret A.Ş. (hereinafter referred to as “MODANİSA” or the “Data Controller”) is committed to the principles laid down by the Personal Data Protection Law No. 6698 (Kişisel Verilerin Korunması Kanunu) (hereinafter referred to as the “Personal Data Protection Law”) and the General Data Protection Regulation (“GDPR”) No. 2016/679 of the European Union, and duly complies with its duties arising therefrom in connection with the processing, deletion, destruction, anonymization, and transfer, of personal data, the provision of necessary information to data subjects, and the data security. We hereby present this Confidentiality and Personal Data Protection Policy (hereinafter the “Policy”) to real persons whose personal data is processed (hereinafter the “data subjects”).
 
1. PURPOSE AND SCOPE OF THE POLICY
This Confidentiality and Personal Data Protection Policy pertains to, and aims at informing data subjects on, the following matters:
Principles governing the processing of personal data
Criteria for processing personal data
Cases where specific personal data may be processed
Enlightening and informing groups of persons
Categorizing personal data
Purposes of processing personal data
Transferring personal data to third parties in Turkey or abroad
Management, and legal basis, of the processing of personal data
Duration of retaining personal data
Ensuring the security of personal data
Cookies
Legal rights of groups of people, and how to exercise these rights, and relevant contact information
Entry into force, and updates
 
2. PRINCIPLES GOVERNING THE PROCESSING OF PERSONAL DATA
2.1. Complying with the applicable law, and the principles of integrity and transparency, when processing personal data
We comply with the principles laid down by the applicable laws and regulations and the generally applied principles of honesty, integrity and transparency, when processing personal data.

2.2. Ensuring the accuracy of personal data, and updating personal data when necessary
We periodically check and update the personal data processed regarding the relevant groups of data subjects, and take any and all reasonable measures to ensure that such data is accurate and up to date at all times. Accordingly we develop systems aiming at checking the accuracy of, and accordingly correcting, personal data. Our members may change and update their personal data by accessing their account at www.modanisa.com

2.3. Processing for specific, clear and lawful Purposes
We process personal data for specific, clear and lawful purposes. This Policy sets forth the details of the purposes for which the data is to be processed.

2.4. Processing Personal Data only for, limited to, and in proportion with the intended purpose
We process personal data only for, limited to, and in proportion with the intended purpose, and refrain from processing any personal data irrelevant to or unnecessary for such purpose.

2.5. Retaining Personal Data as long as required under the applicable legislation or for the purpose of processing
MODANİSA retains Personal Data only as long as required under the applicable legislation or for the purpose of processing. Accordingly we check whether the applicable legislation prescribes a certain period for retaining personal data, and retain personal data for such period, if any. In the event that there is no such prescribed period, then we retain personal data only as long as required for the purpose of processing. Once the prescribed period expires, or the reasons for processing personal data no longer apply, we delete, destroy or anonimyze personal data in accordance with MODANİSA’s Policy for Retaining and Destroying Personal Data, unless there is a legal requirement requiring otherwise. This Policy gives the details of these retention requirements.

2.6. Integrity, and Confidential Treatment, of Personal Data
Personal data is processed by taking any and all technical and administrative measures to ensure such data’s security, including, but not limited to those affording protection against unauthorized or illegal processing, or accidental loss, destruction or damage.
 
3. CONDITIONS FOR PROCESSING PERSONAL DATA
The processing of personal data can be lawful only if one or more of the following criteria is met. If the personal data being processed is sensitive personal data, then the criteria listed under “Purposes of Processing Sensitive Personal Data” apply.
Explicit consent of data subject is only one of the criteria required for lawful processing of personal data. Personal data may also be lawfully processed if any of the other legitimacy criteria set forth below is met.
The personal data of data subjects is being processed in compliance with the legitimacy criteria given below.

3.1. Clear requirement under the applicable legislation
MODANİSA may process personal data of data subject without their consent, if the applicable legislation clearly requires such processing.

For example, the Law Regulating Electronic Commerce requires MODANİSA to process personal data regarding memberships, commercial electronic authorizations, purchase orders, payments, deliveries, cancellations and returns.

3.2. Physical Impossibility of Getting Data Subject’s Explicit Consent, or Requirement to Process Personal Data for Protecting Vital Interests of the Data Subject or a Third Party
In the event that a data subject’s personal data must be processed in order to protect any other person against death or injury and such data subject is not physically or legally capable of giving their consent, then such data may be processed without this consent. Personal data may be also processed without the explicit consent of the data subject if and when such personal data must be processed in order to protect the vital interests of the date subject or a third party.

3.3. Direct Relevance to Entering into, or Performing, an Agreement
Personal data of a contracting party may be processed if such processing is directly relevant to the execution or performance of a contract to be entered into with such party. For example, the personal data that a person may enter for becoming a member of MODANİSA is directly related to the membership agreement, while the processing of the data on the name and address of the receiver is directly relevant to the performance of a distance sale agreement.

3.4. MODANİSA’s Compliance with a Statutory Requirement
A data processor may process a data subject’s personal data without their consent, if such processing is required in order to comply with a statutory requirement. For example if a customer returns a product, MODANİSA is required to process such person’s personal data in order to refund the relevant payment.

3.5. Publicized Personal Data
If a data subject publicizes their personal data, then such data may be processed without their explicit consent. If a member is connected to MODANİSA over social media, then the personal data that such member shares publicly on their social media accounts may be freely processed, provided that such processing is relevant and proportional to the member’s intentions when sharing such data.

3.6. Personal Data Required to be Processes for Evidencing or Protecting a Right
If it is necessary to process data for establishing, exercising or protecting a right, then the data subject’s personal data may be processed without their explicit consent. For example if a Member files a complaint with a consumer arbitration panel, providing the court with the information on the relevant purchase is a form of processing such member’s personal data for evidencing or protecting a right.

3.7. Processing Personal Data Based on Legitimate Interests
MODANİSA may process personal data without the explicit consent of the relevant data subjects, if the legitimate interests of MODANİSA requires such processing, provided that it does not violate their fundamental rights or freedoms.

3.8. Processing Personal Data Based on Explicit Consent
In the event that none of the conditions set forth above for processing personal data is met, then data subject’s explicit consent is required. In such event, data subject’s explicit consent should be taken in accordance with the criteria set by the Personal Data Protection Law and the GDPR. For example, in order to process a data subject’s personal data for sending commercial e-mails, their explicit consent is required.
 
4. LEGITIMACY CRITERIA FOR PROCESSING SENSITIVE PERSONAL DATA
Certain personal data is categorized separately as “sensitive personal data”, and afforded a special protection. MODANİSA applies separate criteria and affords separate protection to sensitive personal data.
4.1. Processing Sensitive Personal Data based on Data Subject’s Explicit Consent
Sensitive personal data may be processed in accordance with the principles set forth in this Policy, and by taking the necessary administrative and technical measures, if the data subject explicitly consents to such processing.

4.2. Processing Sensitive Personal Data without Data Subject’s Explicit Consent
A data subject’s sensitive personal data, other than medical and sexual data, may be processed without the consent of such data subject for the purposes required under the applicable legislation, provided that the measures set by the Personal Data Protection Council are sufficiently taken. Medical and sexual personal data may be processed only for protecting public health, providing protrective medicine, medical diagnosis, treatment and care services, and planning and managing the financing of healthcare services, only by those subject to nondisclosure obligations, or the authorities and agencies authorized for such purposes. For example medical information related to occupational health and workplace safety may be processed by the workplace MD of MODANİSA.
 
5. ENLIGHTENING AND INFORMING DATA SUBJECTS
MODANİSA informs and enlightens data subjects when collecting their personal data. This information is also provided at www.modanisa.com ,or by displaying the relevant policies and informatory texts or placing QR codes in the company’s common areas, stores and offices. Such information contains the name of MODANİSA’s data officer, the types of personal data processed, the purposes of processing personal data, to whom personal data may be transferred and for which purposes, the methods employed for collecting personal data, the legal basis of processing personal data, and the rights that data subject may have regarding such processing. Data subjects may apply to MODANİSA anytime to get information by sending an e-mail to kisiselverilerim@modanisa.com MODANİSA will promptly reply with the relevant information.
 
6. CATEGORIES OF PERSONAL DATA
MODANİSA processes following categories of personal data belonging to data subjects. In addition to the below mentioned categories, there are employment records and other similar information processed regarding company’s employees, trainees, subcontractors, etc., which are set forth in MODANİSA’s Policy on the Processing of Employees’ Personal Data.
 
Identity Information:
Name, Surname, Birthday, Gender, Citizen Identity Card No.
 
Customer – Member customer, visiting customer
Supplier’s representative
Supplier’s employee
Candidate for employment
Contact Information:
Cell phone number, e-mail address, address, postal code, landline number
Customer – Member customer, visiting customer
Supplier’s representative
Supplier’s employee
Candidate for employment
Location Customer – Member customer, visiting customer
Supplier’s employee
Legal Transactions:
Agreements, legal information
Customer – Member customer, visiting customer
Supplier’s representative
Supplier’s employee
Candidate for employment
Customer Transactions:
Product(s) purchased, size and color preferences, amount and date of purchase, call center call records, campaigns/games participated, coupons used, order info.
Customer – Member customer, visiting customer
Transaction Security:
Passwords, passcodes, IP information
Customer – Member customer, visiting customer
Online visitor
Supplier’s representative
Supplier’s employee
Finance
Invoice info, bank account info, financial info, payment, outstanding debt/credit
Customer – Member customer, visiting customer
Supplier’s representative
Supplier’s employee
Professional experience Supplier’s employee
Candidate for employment
Marketing Customer – Member customer, visiting customer
Online visitor


 
7. PURPOSES OF PROCESSING PERSONAL DATA
7.1. Processing Conditions
Personal data is processed if
  • the applicable legislation clearly requires the processing of your personal data;
  • MODANİSA needs to process your personal data directly for executing or performing an agreement;
  • MODANİSA needs to process your personal data for performing a statutory duty;
  • the personal data in question has already been publicized by the data subject in question, provided that such processing does not go beyond the purpose of such publicizing;
  • MODANİSA requires to process personal data for evidencing, exercising or protecting any right belonging to MODANİSA, or any data subject or third party;
  • MODANİSA needs to process personal data for legitimate purposes, without violating any data subject’s fundamental rights or freedoms;
  • MODANİSA needs to process personal data in order to protect the data subject or any third party against death or injury, provided that such data subject or third party is not physically or legally capable of expressing their consent or it is a must to process the personal data in order to protect vital interests of the data subject or a third party.
In the event that none of the criteria set forth above is met, then MODANİSA takes the explicit consent of the data subject before processing their data.

7.2. Purposes of Processing
MODANİSA processes personal data for the purposes given below:

FOR CUSTOMERS:

Personal Data of Member Customers may be processed for:
  • completing membership process;
  • presenting, improving or developing services, and providing information in connection therewith;
  • performing membership agreements and distance sale agreements;
  • announcing promotions, campaigns and benefits, and conducting marketing activities, with the explicit consent of data subjects;
  • Improving desktop, tablet, mobile platform and mobile app experiences;
  • accounting and purchase transactions;
  • compliance with legal processes and applicable legislation;
  • responding to any information request made by administrative or judicial authorities;
  • ensuring data and transaction safety, and preventing malicious use;
  • making the necessary arrangements for ensuring the accuracy and up to dateness of the data processed;
  • establishing and implementing the processes aiming at ensuring data safety and improving internal processes.
Personal data of visiting customers (shopping without membership) may be processed for
  • making available and improving the services provided by MODANİSA, developing new services, and providing information in connection therewith;
  • announcing promotions, campaigns and benefits, and conducting marketing activities, with the explicit consent of data subjects;
  • Improving desktop, tablet, mobile platform and mobile app experiences;
  • accounting and purchase transactions;
  • compliance with legal processes and applicable legislation;
  • responding to any information request made by administrative or judicial authorities;
  • ensuring data and transaction safety, and preventing malicious use;
  • making the necessary arrangements for ensuring the accuracy and up to dateness of the data processed;
  • establishing and implementing the processes aiming at ensuring data safety and improving internal processes.
Personal data of suppliers (including their authorized personnel and employees) may be processed for
  • managing the business processes conducted with the suppliers;
  • complying with statutory requirements and conducting legal matters, such as entering into agreements for necessary services;
  • entering into agreements with selected suppliers, and conducting the relevant operations;
  • conducting purchase, manufacturing, supply and other similar operations;
  • conducting purchase operations, providing post-sale services, and conducting the processes related to returns and cancellations;
  • complying with the requirements of the law on occupational health and applicable agreements;
  • checking the payment of the premiums required to be made to employees and the state under the Social Security Act;
  • checking the licenses of employees (certificates, authorization letters etc.);
  • ensuring the frugal use of company’s sources, and improving company’s operations for the benefit of customers:
  • getting letters from suppliers wherein they undertake to comply with the obligations under the Personal Data Protection Law that MODANİSA needs to comply with regarding personal data security;
  • monitoring accounting processes and purchases, checking and approving payments;
  • complying with legal proceedings and applicable legislation, performing statutory duties;
  • responding to information requests made by administrative and judicial authorities;
  • ensuring information and transaction security, and preventing malicious use;
  • making necessary arrangements for ensuring the up to dateness and accuracy of the data processed;
  • checking the performance of actions undertaking, and planning inspections.
Personal data of candidate for employment may be processed for
  • complying with HR policies, conducting and completing HR processes;
  • planning selection and assessment processes regarding job applicants;
  • performing the activities required in connection with occupational health and workplace safety;
  • conducting the necessary communication for recruiting;
  • selecting and assigning trainees, and planning operational processes.
Personal data of online visitors may be processed for
  • keeping log entries of system operations by online visitors and users;
  • compliance with the legal processes and the applicable legislation;
  • responding to information requests made by administrative and judicial authorities;
  • ensuring information and transaction security, and preventing malicious use;
  • complying with statutory requirements.
8. TRANSFERRING PERSONAL DATA TO THIRD PARTIES IN TURKEY OR ABROAD
8.1. Transferring Personal Data
Personal data and sensitive personal data may be transferred to third parties (legal entities or persons) for certain processing purposes by taking any and all necessary security measures, provided that the conditions set forth in Articles 8 and 9 of the PDPL are met.
Personal data may also be transferred abroad given the software and server infrastructure used or outsourced.
The Personal Data Protection Agency has not yet announced its lists of secure countries, and accordingly personal data may be transferred abroad under Article 9 of the PDPL with the explicit consent of data subjects.

8.2. Third Party Transferees of Personal Data
Your personal data may be transferred to the categories of people listed below:
  • MODANİSA’s business partners,
  • MODANİSA’s suppliers,
  • MODANİSA’s subsidiaries,
  • MODANİSA’s shareholders,
  • Public authorities and entities authorized by law
  • Private legal entities authorized by law
9. METHOD AND LEGAL BASIS FOR COLLECTING PERSONAL DATA

The Company processes your personal data that it receives electronically or physically by using methods that are fully or partially automatic, or that is not automatic, but a party of a data recording system, for the legitimate purposes given below for each category of persons, in accordance with Article 5 of the PDPL and the relevant provisions of the GDPR, for the purposes given in this Policy.
 
For Clients (Members and Visitors):  

  • Protecting rights and interests of the Clients;
  • Granting certain rights and privileges to the Clients for business purposes;
  • Maintaining and developing intracompany activities;
  • Performing the duties imposed by the applicable laws and regulations;
  • Processing personal data of contracting parties, if and when directly necessary for executing or performing an agreement;
  • Processing personal data for legitimate interests of the data controller, such as entering the Clients’ purchase orders to the relevant bookkeeping and analysis software, to ensure the sustainability of the business, provided that such processing does not violate the Clients’ fundamental rights and freedoms;
  • The Client’s express consent.
For Suppliers and Business Partners (Suppliers/Business Partners, Authorized Representatives of Suppliers/Business Partners, Employees of Suppliers/Business Partners):
  • Performing a legal duty imposed on the data processor;
  • Processing personal data of contracting parties, if and when directly necessary for executing or performing an agreement;
  • Processing personal data for the data processor’s legitimate interests, such as keeping the contact details of the relevant parties to maintain business and ensure fast and effective communications;
  • The Supplier’s/Business Partner’s express consent.
For Potential Employees:
  • Processing personal data of contracting parties, if and when directly necessary for executing or performing an agreement;
  • Processing personal data for the data processor’s legitimate interests, such as keeping and analyzing personal data for any recruitment in the future, provided that such processing does not violate potential employees’ fundamental rights and freedoms;
  • The Potential Employee’s express consent.
For Online Visitors:
  • Processing personal data of contracting parties, if and when directly necessary for executing or performing an agreement
  • Processing personal data for the data processor’s legitimate interests, such as analyzing the most visited pages for business development purposes, provided that such processing does not violate online visitors’ fundamental rights and freedoms;
  • The Online Visitor’s express consent.
10. RETENTION PERIODS FOR PERSONAL DATA
Please find below information on how long MODANİSA retains personal data that it processes, and the legal basis of such processing.
 
Identity 15 years starting from the end of the legal relationship Law No. 6563 Regulating Electronic Commerce (6563 Sayılı Elektronik Ticaretin Düzenlenmesi Hakkında Kanun), Turkish Code of Commerce No. 6102 (6102 Sayılı Türk Ticaret Kanunu), Turkish Code of Obligations No. 6098 (6098 Sayılı Türk Borçlar Kanunu), Tax Procedure Code No. 213 (213 Sayılı Vergi Usul Kanunu), Consumer Protection Law No. 6502 (6502 Sayılı Tüketicinin Korunması Kanunu), Labor Code No. 4857 (4857 Sayılı İş Kanunu), Occupational Health and Workplace Safety Law No. 6331 (6331 Sayılı İş Sağlığı ve Güvenliği Kanunu )
Contact 10 years starting from the end of the legal relationship Law No. 6563 Regulating Electronic Commerce Turkish Code of Commerce No. 6102, Turkish Code of Obligations No. 6098, Tax Procedure Code No. 213, Consumer Protection Law No. 6502, Labor Code No. 4857, Occupational Health and Workplace Safety Law No. 6331
Location 10 years starting from the end of the legal relationship Law No. 6563 Regulating Electronic Commerce Turkish Code of Commerce No. 6102, Turkish Code of Obligations No. 6098
Litigation 10 years starting from the final decision Civil Litigation Procedure Code No. 6100 (6100 Sayılı Hukuk Muhakemeleri Kanunu), Criminal Litigation Procedure Code No. 5271 (5271 Sayılı Ceza Muhakemeleri Kanunu)
Customer transactions 10 years starting from the end of the legal relationship Law No. 6563 Regulating Electronic Commerce Turkish Code of Commerce No. 6102, Turkish Code of Obligations No. 6098, Tax Procedure Code No. 213, Consumer Protection Law No. 6502, Law No. 5651 for Regulating Online Broadcasts and Combatting Crime Committed by way of such Broadcasts (Law No. 5651 on Regulation of Broadcasts on the Internet and Combating Crimes Committed Through These Broadcasts)
Transaction security 2 years Law No. 5651 for Regulating Online Broadcasts and Combatting Crime Committed by way of such Broadcasts
Finance 10 years starting from the end of the legal relationship Law No. 6563 Regulating Electronic Commerce, Turkish Code of Commerce No. 6102, Turkish Code of Obligations No. 6098, Tax Procedure Code No. 213, Consumer Protection Law No. 6502
Marketing Throughout the legal relationship  
 
11. PERSONAL DATA SECURITY
In order to secure personal data, MODANİSA takes reasonable measures against the risks of unauthorized access to, or accidental loss, intentional erasure, or corruption, of data.
We take any and all technical and physical measures to prevent unauthorized access to personal data. Within this context, we design our authorization system allowing access to personal data on a need to know basis. We take more strict measures to ensure the security of sensitive personal data, such as medical data. We conduct a security check and apply an internal screening process on any person authorized to access data, and provide such persons with trainings on their duties and responsibilities.
We keep records of access to personal data, to the extent permitted by available technical capacities, and periodically analyze these records. We launch internal inspections, and take immediate legal action, when we detect unauthorized access
MODANİSA takes the following security measures to ensure the security of the data that it processes:
  • The network and application security is ensured.
  • Close system network is used to transfer data through a network path;
  • Key method is used.
  • Security measures are taken, in the scope of supply, development and maintenance of information technologies systems.
  • The security of personal data stored on cloud is ensured.
  • There are disciplinary regulations, involving data security provisions for employees.
  • Data security and awareness themed periodical trainings for employees are arranged.
  • Authorization matrix for employees is formed.
  • Access logs are kept regularly.
  • Corporate policies are created and started to be executed in fields of access, information security, retention and destruction.
  • Confidentiality agreements are made.
  • Mission based authorization of employees, who change positions or quit their jobs, are taken back.
  • Up-to-date antivirus systems are used.
  • Firewalls are used.
  • Concluded agreements contain data security provisions.
  • Additional security measures are taken for personal data that are transferred in printed form, and the relevant papers are sent as classified documents.
  • Personal data security policies and procedures are set.
  • Personal data security issues are reported without delay.
  • Personal data security is monitored continuously.
  • Necessary security measures are taken for access to physical media containing personal data.
  • Physical media containing personal data is secured against external risks (such as fire, flood, etc.).
  • Physical media containing personal data is secured.
  • Personal data is minimized as much as possible.
  • Personal data is backed up, and the backups are secured.
  • Periodical/random in-house inspections are conducted.
  • Log records are kept free from user intervention.
  • Current risks and threats are determined.
  • Policies and procedures for ensuring the security of sensitive personal data are specified and executed.
  • When sending sensitive personal data by e-mail, such data is sent in encrypted form from a registered or corporate e-mail address.
  • Attack detection and prevention systems are used.
  • Penetration tests are run.
  • Sensitive private data is encrypted before being transferred on a flash disk, CD or DVD.
  • Data processing service providers are periodically inspected for data security purposes.
  • Data processing service providers’ awareness on data security is raised.
12. COOKIES
MODANİSA uses cookies, pixels, GIFs and other similar technologies (“cookies” ) for enabling visitors to efficiently use its website and applications, and improve user experience. These technologies are used in line with any and all applicable laws and regulations, particularly the Personal Data Protection Law. If a data subject chooses not to use cookies, they may delete or block cookies in their browser settings. Please see the Cookies Policy for further information on the cookies used by MODANİSA.
 
13. AUTOMATED PROCESSING
MODANİSA automatically processes the behavioral data of its clients and potential clients through cookies and other similar technologies in order to provide targeted products and services. By collecting such data, it analyses the products that may preferred by such persons. For example, it statistically matches the products sold in general, and automatically offers products similar to those that the user is interested in as well as special promotions.
 
14. LEGAL RIGHTS OF GROUPS OF PERSONS, AND HOW TO EXERCISE THESE RIGHTS
14.1. Rights on personal data under the Personal Data Protection Law
Article 11 of the Personal Data Protection Law lists the rights that may be exercised by groups of persons as follows:
  • Get information on whether or not personal data has been processed;
  • Ask for information on how personal data has been processed;
  • Get information on the purpose of processing personal data, and check whether or not personal data has been duly processed for this purpose;
  • Learn the identity of third parties to whom personal data has been transferred in Turkey or abroad;
  • Request the correction of any missing or incorrect personal data;
  • Ask for the deletion or destruction of personal data in accordance with the conditions set forth in Article 7 of the Personal Data Protection Law, and the notification of the action taken under the said Article to any and all third parties to whom personal data has been transferred;
  • Object to any unfavorable consequence of the analysis of personal data exclusively by automated systems;
  • Claim damages arising from unlawful processing of personal data.
14.2. Rights over Personal Data under the GDPR
Data subjects’ rights on their personal data are set forth in the 3rd Chapter of the GDPR (from Article 12 to Article 23) as follows:
  • You may withdraw your consent if your personal data is being processed based on your express consent;
  • You may demand the restriction of the processing of your personal data where one of the following applies:
    • You contest the accuracy of your personal data, for a period enabling the controller to verify the accuracy of your personal data;
    • The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
    • Your personal data are no longer needed for the purposes of the processing, but you require such data for establishment, exercise or defense of legal claims;
    • You have objected to processing pursuant to Article 21 (1) of the GDPR pending the verification whether our legitimate interests override your rights.
  • You may object to the processing of your personal data if your personal data are processed for protecting public interests or based on the data controller’s authority under the applicable law or the legitimate interests of the data controller or a third party, including by way of profiling;
  • You have the right to access the following:
    • The verification of the processing of your personal data, the purposes of the processing and the categories of personal data concerned;
    • The recipients or categories of recipients to whom your personal data have been or will be disclosed; where possible, the envisaged period for which the personal data will be stored, or oif not possible, the criteria used to determine that period;
    • The existence of the right to request the rectification or erasure of personal data or restriction of processing of personal data, and the existence of the right to lodge a complaint with a supervisory authority;
    • Any available information as to the source of your personal data, if not directly collected from you; and
    • The existence of automated decision making mechanisms that we use, including profiling, meaningful information about the lgic involved as well as the envisaged consequences of such processing for you, and the significant information.
  • You may have your personal data transferred to you or another data controller, if that it technically possible, in an organize, usable and machine readable format, if your personal data are processed based on your express consent, or a contractual provision, by using automated mechanisms.
  • You may get information on the existence of automated decision making processes, including profiling, the logic involved and their possible consequences and significance for you.

14.3. Principles Governing the Exercise of Rights on Personal Data
Data subject may exercise their rights on personal data by filling in the Personal Data Protection Application Form available at www.modanisa.com , sign it by mobile signature and e-signature, or use their e-mail address registered and approved by our System, and send it to our registered e-mail modanisa@hs03.kep.tr or our e-mail address kisiselverilerim@modanisa.com. You may also file your applications in printed form by hand signing your application and sending it to Kuşbakışı Cad. No:27 Altunizade, Üsküdar/İstanbul. You may also use the same address for any notice that you would like to give by the virtue of a notary public regarding your claims.

We will respond in 30 days following any application filed in line with the procedure set forth above and in the Personal Data Protection Law. If your application is rejected, you find our response insufficient or we fail to timely respond to your application, you may file a complaint with the Personal Data Protection Board within 30 days following your receipt of our response, and in any event, 60 days after your application.

We appointed a data protection officer (a “DPO”) under the GDPR to ensure the transparency, and accuracy of the processing of your personal data and the relevant compliance. You may contact our Data Protection Officer at dpo@modanisa.com

15. ENTRY INTO FORCE; UPDATES
This Policy entered into force upon its announcement. This policy is updated from time to time in order comply with the changes in the applicable legislation and respond to the changes in the surrounding circumstances. After being updated as required by the relevant Board resolutions and the surrounding circumstances, MODANİSA Data Protection Committee submits the updated policy to MODANİSA’s Board of Directors for approval, and then announces it on www.modanisa.com.

You may find the personal data protection application form at this link

Modanisa.com’s contact details are as follows:
Modanisa Elektronik Mağazacılık ve Tic. A.Ş.
Address: Altunizade Mahallesi Kuşbakışı Cad. No:27/1 Üsküdar/İstanbul
Telephone: 0850 333 64 72 (NISA)
E-mail:  kisiselverilerim@modanisa.com

1. PARTIES
This hereby Membership Agreement (“Agreement”); between the owner of www.modanisa.com and mobile phone applications, MODANİSA ELEKTRONİK MAĞAZACILIK VE TİC. A.Ş., and its affiliates (“MODANISA”); and; the website user or member users of mobile applications becoming a member of www.modanisa.com and the mobile application (“Platform”) by accepting the conditions below (“Member”) and the payment collection agent located at Strawinskylaan 9371 077 XX AMSTERDAM, The Netherlands, MDN Europe B.V. and/or located at 85 Tottenham Court Road London W1T4TQ, Greater London, United Kingdom Modanisa London Limited and/or MODANISA’s affiliates (“Payment Collection Agent”); has been drawn up to determine the conditions which need to be met for a Member to benefit from the Services offered by MODANISA.
The BUYER and the SELLER shall be hereinafter referred to as "Party" individually and "Parties" collectively.
2. DEFINITIONS
Seller: Refers to the legal person launching or selling a product or service which is subject to electronic trade via a Platform. Seller means Modanisa Elektronik Mağazacılık A.Ş. , MDN Europe B.V., Modanisa London Limited and/or their affiliates.
Buyer: Refers to the legal person who buys or acts with the intention to buy products or services subject to electronic trade via a platform.
Payment Collection Agent: Refers to the legal person collecting payments on behalf of the MODANISA. The Payment Collection Agent is a fully owned company of the MODANISA. Payment Collection Agent means MDN Europe B.V. and/or Modanisa London Limited and/or their affiliates.
Service provider: Refers to real or legal persons operating in electronic trade.
Outsourced Service provider: Refers to real or legal persons who provide the electronic trade environment to allow other persons to carry out economic and commercial trade activities
Policy for Privacy and Protection of Personal Data: Refers to the text which can be accessed via the wwww.modanisa.com platform and which constitutes the general privacy policy related to MODANISA’s personal data and use of cookies, including in the forms in which and purposes for which MODANISA will use these personal data submitted by Members via the Platform.
My Account Page: Refers to the page specific to the Member which only the Member can access with the username and password created by them, where, for a Member to benefit from various applications and Services on the Platform, they can carry out all necessary transactions, where they can enter the personal data and information required for the application.
Services: Refers to the applications implemented by MODANISA to ensure Members perform the functions and transactions defined in the hereby Membership Agreement.
DPA: Data Protection Act 2018
GDPR: shall mean Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
Member: Refers to the real persons who have accepted the conditions and privacy statements of the membership agreement found on www.modanisa.com and have gained the title of “Member.”
User/Visitor: Refers to people who visit www.modanisa.com without becoming a member of the website.
Guest User: Refers to people who shop from www.modanisa.com without becoming a member of the website.
3. RIGHTS AND OBLIGATIONS OF PARTIES
3.1. In order to gain membership status, the user who wishes to become a Member must approve the Membership Agreement found hereby on the Platform, fill out the required areas with correct and up-to-date information, and have their Membership application evaluated and approved by MODANISA.
Users who wish to become a member must be over 18 (eighteen) years of age. Upon completion of the approval process and notification to the Member, the Membership status takes effect and thus, the Member shall have the rights and liabilities indicated in the hereby Membership Agreement and relevant areas of the Platform. Members who do not submit correct and up-to-date information when filling out the Membership Agreement in question, is personally liable for all harm that may occur. The Member always has the right to cancel their membership status by clicking on the “Cancel Membership” button on their My Account Page. Canceling membership does not imply non approval of commercial electronic messages being sent. The Member is required to separately and specifically revoke their approval for electronic message sending.
3.2. In the case of dispute concerning the person to which the rights and liabilities of membership belong and the persons in question submitting a request with MODANISA in this respect, the person who last made a payment to MODANISA for any given Service via the relevant Membership account will be accepted as the owner of the Membership account and action will be taken accordingly.
3.3. In the case where a Member wishes to initiate a legal transaction or a purchasing process in relation to the campaigns and/or advertisements displayed on the Platform, they accept and express that they are obliged to fulfill all legal obligations and complete all legal procedures required, including those stated on the Platform, and that MODANISA shall not be responsible to be aware of or to undertake the obligations and procedures in question.
3.4. The Member, in the Distant Sales Contract to be drawn up with the purchases from MODANISA via the Platform, accepts and expresses that MODANISA is the Seller party and they are the Receiving/Buyer/Purchaser party; they accept and express that MODANISA, in terms of the abovementioned Distant Sales Contract relationship, is only liable towards them in respect of the  consumer law and legislation which are applicable to Seller, and that they themselves assume full responsibility in respect of all other legislations.
3.5. Payment Collection Agents, will have the authority to collect for the products which a Member will purchase from the Seller and the Member, with the payment they will make to Payment Collection Agents, will be relieved from the obligation of paying the Seller.
3.6. The Member, with regards to the transactions and correspondence they carry out via the Platform, accept, and express they will adhere to the provisions in this hereby Membership Agreement, to the applicable legislations and to the code of ethics. The legal and criminal liabilities related to the Member’s actions and transactions within the Platform rest with the Member.
3.7. Pursuant to the applicable legislations, in the event a request submitted by competent authorities, MODANISA will be able to share the information it has, related to the Member, with the authorities in question.
3.8. In cases of forgery, fraud, misuse of the Platform, and offences which may constitute a crime in legislation, personal data obtained from Members during the process of membership via the Platform and/or shopping, may be provided to other Members who may be parties to an offense, limited to the issue in request for parties to exercise their legal rights and limited to this context.
3.9. The username and password information required by the Member to access the My Account Page and carry out transactions via the Platform is created by the Member; the responsibility regarding the privacy and security of this information shall rest with the Member. The Member accepts and declares in advance that the username and password creation operations were carried out by them, that the responsibility arising from these transactions shall rest with them, and that they will not raise any plea and/or objection alleging that they did not personally carry out these transactions and/or that they will not abstain from fulfilling their obligations in relation to this plea or objection.
3.10. The Member shall not use the Platform in a manner that is contrary to law and morality, especially in the following cases.
3.10.1. Using the Platform as a database on behalf of any person, to create a recording or directory, to check, update or modify;
3.10.2. Using the Platform to disrupt it completely or partially, to alter it or use it for reverse engineering purposes;
3.10.3. Carrying out transactions with false information or by using another person's information, false or misrepresented residential address, electronic mail address, contact, payment or account details included, incorrect or misrepresented personal data usage for creating fake Membership accounts and the misuse of these accounts in relation to the Membership Agreement or applicable legislations, using another Member’s account without permission, acting as another person or acting as a party or participator with an false name;
3.10.4. The use of comment and rating systems for purposes which are irrelevant to the Platform such as publishing the comments on the Platform in places other than the Platform, or in ways that are irrelevant to its purpose such as using it to manipulate systems;
3.10.5. For a virus or other harmful software to spread throughout the Platform, the Platform's database, any content on the Platform;
3.10.6. For actions which will cause an overload on the technical systems and communications or harm the technical process to take place, for “screen scraping” software or systems to be used on the Platform without MODANISA’s written consent, such as automatic programs, robots, web crawlers, spiders, data mining and data crawling, and for any content on the Platform, completely or partially, to be copied, published or used.
3.11. The Member is responsible for carrying out transactions on the Platform without causing to MODANISA material harm and to the Platform technical harm under any circumstances. The Member accepts and guarantees that they have taken all necessary precautions to protect the Platform from all kinds of harmful programs, viruses, softwares, unlicensed products, trojans, etc., including using security software and licensed products. The Member, in addition, accepts that they will not enter the My Account Page via robot or automatic access methods.
3.12. Usage of the Platform or its contents contrary to the conditions of use indicated in the hereby Membership Agreement or applicable legislation provisions will be deemed contrary to the law; MODANISA reserves the right to file lawsuits suits, bring claims and pursuance.
4. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

“MODANISA is subject to both the DPA (Data Protection Act 2018) and the EU General Data Protection Regulation 2016/679 (“GDPR”), in relation to processing personal data obtained from Members. MODANISA collects, uses, transmits and processes personal data provided by Members, pursuant to the DPA, GDPR Privacy Policy and this Agreement found on the platform www.modanisa.com. DPA and GDPR Privacy Policy are both part ofthisMembershipAgreement.
Your payments shall be processing over our sister companies; Payment Collection Agents through your order number without accessing your personal data.

For more information regarding our use of personal data and your rights in relation to these matters;
To learn how we protect and process your personal data under DPA and GDPR; You will find our GDPR Privacy Policy here [GDPR Privacy Policy] and you may exercise your rights by sending an e-mail to our Data Protection Officer at dpo@modanisa.com. The e-mail address you use to contact us must be the e-mail address you submitted during your Modanisa membership process. Requests received from other e-mail addresses will not be responded to unless you are able to prove to our reasonable satisfaction that you are in fact a Member.
5. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights of the “Modanisa” brand and logo, “Modanisa” mobile application and Platform design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and other content produced by MODANISA in relation to these, belong to Modanisa. Members cannot use, share, distribute, exhibit, copy or reproduce work derived from the property of MODANISA or its subsidiaries which are subject to intellectual property rights, without written consent. Members cannot use the mobile application or the Platform, in full or partially, in another environment without the written consent of MODANISA. In the case where a Member or third parties act in breach of the intellectual property rights of MODANISA, the Member is obliged to compensate for the direct and indirect harm and costs of MODANISA and/or the third party in question.
6. AMENDMENTS TO THE AGREEMENT
MODANISA can unilaterally amend all kinds of policy, provision and condition as they see fit, including the Policy for Privacy and Protection of Personal Data by means of announcing via the Platform, provided that they comply with the applicable legislation provisions. Changing provisions in the hereby Membership Agreement will become valid as of the date they are announced on the Platform, remaining provisions will remain valid to generate verdicts and results.
7. FORCE MAJEURE
In the event that insurgency, embargo, government intervention, rebellion, invasion, mobilization, strike, lockout, work actions or strikes, cyber attacks, communication problems, infrastructure and internet breakdowns, system improvement and renewal work and breakdowns that may occur due to these, electricity cuts, fire, explosions, storms, floods, migration, epidemics or other natural disasters or other events which are beyond the control of, which cannot be attributed to MODANISA and cannot be foreseen (“Force Majeure”) prevent or delay MODANISA from fulfilling the obligations of the hereby Membership Agreement, MODANISA cannot be held liable for the prevented or delayed obligations due to Force Majeure and this situation cannot be deemed as a breach of the hereby Membership Agreement.
8. GENERAL PROVISIONS
8.1. Members accept that in the case of a dispute which may arise from the hereby Membership Agreement, MODANISA’s official books and commercial records and the e-archive records kept in MODANISA’s database and servers, electronic information and computer records will be considered binding, crucial and exclusive evidence and that this clause will be considered as an evidential contract.
8.2. The hereby Membership Agreement will be exclusively governed by the Laws of the Netherlands. Amsterdam Courts shall have jurisdiction over the settlement of all kinds of dispute arising from the hereby Membership Agreement or related to this hereby Membership Agreement.
8.3. MODANISA will contact the Member via the e-mail address, via telephone or by sending an SMS, details of which were provided by the Member during the membership process. The Member is responsible for keeping their e-mail address and telephone number up to date.
8.4. This hereby Membership Agreement constitutes the entire agreement between the Parties relating to the matter. Should any provision in this Membership Agreement is declared invalid in part or in full, inapplicable or unreasonable by an authorized court, arbitration commission or administrative authority, this Membership Agreement shall be deemed as severable to the extent of the invalidity, inapplicability or inadvisability in question, and remaining provisions shall continue to be in effect.
8.5. Members cannot completely or partially assign their rights or obligations specified in the hereby Membership Agreement without a prior written consent from MODANISA.
8.6. Failure to exercise or perform any right granted to it under this Contract by either Party shall not be construed as a waiver of such right or shall not prevent future exercise or performance of such right.
As of the 8th clause onwards, this hereby Membership Agreement, will enter into force as from the moment the Member has read and acknowledged each provision in full and approved it in the electronic environment.
 

MODANISA COOKIES POLICY

We prepared this Cookies Policy to inform you on how we use cookies, and the types of cookies we use, so that we can provide higher quality customized service to the visitors of our website at www.modanisa.com.

1. BASIC INFORMATION ON COOKIES
 
Cookies are information stored on your computer when you visit a website. Cookies are not malicious software or applications that may damage your computer. On the contrary, cookies are used to enable the site to remember your preferences for providing your higher quality service in your future visits based on correct structuring and information. When using cookies, we comply with the applicable laws and regulations, including but not limited to the Law No. 6698 on the Protection of Personal Data (the “LPPD”).

2. TYPES OF COOKIES

Company Cookies
Company cookies are used for displaying the pages to the website’s visitors, and also for calculating the number of sessions and users at the page. The website first accesses to the relevant data by using the Company Cookies, and then conducts generally analysis, and issues reports, on the pages.

Third Party Cookies
Third party cookies are the cookies of the elements other than the most visited website, rather than the cookies created by the website visited. Third party cookies are monitored together with social add-ons, advertisements, site add-ons or other similar applications, and the behavioral actions may be controlled accordingly.

Session Cookies
Session cookies are used for monitoring the users that visit, and open a session at, the website. They are primarily used for tracking the purchases and remembering the products added to the basket. These cookies are deleted when the user closes the browser.

Persistent Cookies
Persistent cookies are those that are stored even after the browser, used for accessing the Internet, is closed. They are particularly used for keeping users logged on, to avoid re-entering user names and passwords.

Secure Cookies
Secure cookies are those created by HTTPS websites, in other words, the websites that hold SSL certificates. They are used for tracking the encrypted actions.
 
3.CATEGORIES OF COOKIES ACCORDING TO THEIR PURPOSES
 
Strictly Necessary Cookies
Strictly necessary cookies allow you to use our website’s basic functions during your visit, such as your preferences and the secured areas. We cannot guarantee our website’s security performance if you choose to prevent these strictly necessary cookies.

Performance and Functionality Cookies
We use performance and functionality cookies to provide you with better and quality service, and ensure the functionality of the services that we provide.

Marketing Cookies
Marketing cookies allows us to track your visits to our website, the pages that you visit and the links that you click as well as the other websites, applications and online services that you visit and use, so that we may display targeted advertisements on our website. With your consent, the listed third parties place and use these cookies, in addition to the other cookies that we use.

You may find detailed information on the processing of your personal data through cookies at our Personal Data Protection Policy available at www.modanisa.com

4. REMOVING COOKIES
 
At any time, you may deactivate the cookies subject to your consent. For this purpose, you may contact us by using our contact details below, or set your preferences when clicking the cookies button that pop out when you visit our website.

Alternatively, the browsers also allow the control of cookies to a certain extent, through your preferences. You may visit www.aboutcookies.org or www.allaboutcookies.org to see your cookie preferences and get more information on cookies.

You may visit the websites listed below to find guidance on how to delete cookies, and manage your preferences.
You may opt-out Google Analytics tracing by visiting https://tools.google.com/dlpage/gaoptout

5. ENTRY INTO FORCE; UPDATES

This Cookies Policy entered into force once upon its announcement on our website. We may update our policy in accordance with the changing circumstances and regulations. You may find our up-to-date policy at www.modanisa.com
 
6. YOUR RIGHTS AS A DATA SUBJECT, AND HOW TO EXERCISE THESE RIGHTS
 
Rights of Data Subjects under the LPPD
Data subjects’ rights on their personal data are listed in Article 11 of the LPPD as follows:
  • to learn whether or not their personal data is processed,
  • to demand for information on the processing of their personal data,
  • to learn the purpose of the processing of their personal data, and whether such personal data is used in compliance with the purpose,
  • to learn about the third parties to whom their personal data is transferred in Turkey or abroad,
  • to request the rectification of the incomplete or inaccurate data, if any,
  • to request the erasure or destruction of their personal data in accordance with Article 7, and to request reporting of the operations carried out accordingly to third parties to whom their personal data has been transferred,
  • to object to any negative consequence of the analysis of the data processed solely through automated systems,
  • to claim their damages arising from the unlawful processing of their personal data.

Principles on the Exercise of Rights on Personal Data
In order to exercise their rights on their personal data, any data subject may fill in the LPPD Application Form available at https://www.modanisa.com or the link below, and send it to
  • our registered electronic mail address: modanisa@hs03.kep.tr
  • our e-mail address (kisiselverilerim@modanisa.com) by using their mobile signatures or electronic signatures, of from their e-mail accounts registered to and confirmed by our systems; or
  • our office at Kuşbakışı Cad. No:27 Altunizade, Üsküdar/İstanbul, and deliver it either by hand or by the virtue of a notary public.
We will respond to every application filed in accordance with the procedure set forth below and in the LPPD, within 30 days following our receipt.

LPPD application form

Our Contact Details:
Modanisa Elektronik Mağazacılık ve Tic. A.Ş.
Address: Altunizade Mahallesi Kuşbakışı Cad. No:27/1 Üsküdar/İstanbul
Telephone: 0850 333 64 72 (NISA)
E-mail: kisiselverilerim@modanisa.com

“My Modanisa” LOYALTY PROGRAM TERMS OF USE – USER AGREEMENT

This “My Modanisa” LOYALTY PROGRAM TERMS OF USE-USER AGREEMENT (“Terms of Use or User Agreement”) explains the terms to benefit from My Modanisa services that will be offered to the members of the loyalty program (“My Modanisa”) managed by Modanisa Elektronik Mağ. ve Tic. A.Ş. (Modanisa), which will provide tangible and/or intangible benefits.

The natural person (Member) who becomes a member by accepting these Terms of Use accepts, declares and undertakes that s/he has read, understood and approved all of the Terms of Use, all kinds of statements made regarding My Modanisa membership and services and that he will act in accordance with these statements. The Member accepts, declares and undertakes that s/he will act in accordance with all applicable legislation and that he/she understands and approves all specified terms and rules while performing any transaction within the scope of this program. The legal and criminal responsibility of the Member in every transaction and action within Modanisa.com and My Modanisa belongs exclusively to him/her.

1. PROGRAM MEMBERSHIP

My Modanisa membership registration is currently carried out without any charge from the Member. Participation in My Modanisa is a unique advantage to registered member users and customers of modanisa.com.

After enrolling in the My Modanisa program, you must log in to your modanisa.com account to access the My Modanisa control panel. After logging in to your Modanisa.com account, the control panel can be accessed from the “My Modanisa” tab on the “My Account” page.

The Member accepts and declares that the information s/he provided while becoming a member of My Modanisa is correct and that s/he will update it in case of any change in this data and the Member also accepts that Modanisa is not responsible for any damages that may arise as a result of not updating these data or providing incorrect data and/or the termination of the rights acquired by the Member until that date.

Members may in no way convert, sell or transfer any intangible or tangible benefit to be provided to them. In case of detection of such a situation, the benefit provided by Modanisa will be immediately canceled and My Modanisa membership may be suspended or terminated.

After membership, situations such as closure, loss, stealing, or seizure of modanisa.com and/or My Modanisa account by the Member may cause the termination of various rights (including expiration of unused points) and/or opportunities acquired by the Member until that day. In addition, without limitation, in the event that the modanisa.com and/or My Modanisa membership is terminated, the reward points earned during the membership and the rights granted to the Member will be deleted, withdrawn and automatically terminated by Modanisa.

Modanisa can change the terms of My Modanisa, stop My Modanisa, update it, change its name, change it to a model that offers different advantages. In these changes, memberships will be automatically converted to the new model at Modanisa's discretion or Modanisa will inform about the terms of the new model.

The Member accepts, declares and undertakes that s/he is of legal age and is old enough to purchase the services offered.

The Member can terminate the membership at any time and without giving any reason, by notifying the Modanisa call center. In this case, the Member will be able to benefit from the rights s/he has earned until the expiration date of the membership, within the current conditions, and the points s/he has earned and not yet used as of the date of termination will be deleted. (Modanisa Call Center Telephone: 0850 333 64 72)

Modanisa shall not demand any compensation or fee from the Members in cases where these Terms of Use and/or membership are terminated except for manipulation, misuse of the system, and deliberate damage. Likewise, Members accept, declare and undertake that they will not demand any compensation, etc. from Modanisa in case the Terms of Use expire in any way.

2. POINTS EARNING AND USAGE

After accepting these Terms of Use and registering to the My Modanisa program, points can be earned for shopping and activities on Modanisa.com. There will be no retroactive point gains prior to My Modanisa membership.

In order to learn how many points will be earned from your Modanisa purchases, the “My Modanisa” control panel can be viewed on the “My Account” page.

The number of points awarded depends on the numerical value of the invoice currency, if the invoice currency is changed due to a change in the product shipping country, the number of points earned may change.

Points will appear on the control panel as "points pending approval" after ordering. Pending points will be activated and made available 21 days after the order, unless refunds are made. If the product is returned after 21 days, the points will be refunded even if it is approved.

You can also earn points by completing the activities offered by My Modanisa. To find out how many points will be earned from which activities, you can review the "My Modanisa" control panel on the "My Account" page.

Members can earn various points by following, liking, sharing products and seasonal competitions on their Facebook and Instagram accounts. The points earned for each activity will be announced to the Members on the point earning screen beforehand.

Modanisa may at any time give its customers the opportunity to earn extra points in addition to the points earned through eligible purchases and activities at certain times. Additional points are valid if terms and conditions are met and can be earned through special offers announced on the My Modanisa control panel.

The My Modanisa program is currently structured in 3-month periods. 1. Term “September-October-November”, 2. Term “December-January-February” 3. Term “March, April, May” 4. Term consists of “June-July-August”. Points approved in any 3-month period are only valid during that period. At the end of the period, unused points cannot be transferred to the next period, they are deleted within the same period. If there are points waiting for approval at the end of the semester, these points are not deleted, they can be used in the next semester if approved. Only the approved points 15 days before the end of the period are transferred to the next period. These points only cover the points earned from the purchases made on Modanisa.com, they cannot be transferred to other platforms or used.

Once enough points have been earned, the points can be used for various rewards based on level and amount of points earned. Period gifts consist of various privileges announced such as shopping vouchers and free shipping coupons that you can use on modanisa.com and/or other brands. Each period's gift may be different and limited in number. Modanisa is free to determine the My Modanisa score to which the gifts correspond, as it wishes.

My Modanisa points are not redeemable, they are only used to get period rewards in exchange for certain points. If a gift certificate or coupon is received in return for the points, this gift certificate or coupon can be used on Modanisa.com shopping subject to the specified conditions. Terms of use for gift certificates purchased with Points are an integral part of this program and are subject to the terms set forth in the Terms of Use.

Points not used during the period are not transferred to the next period, they are cancelled. Term rewards cannot be changed or canceled after they have been selected and determined.

3. MEMBERSHIP LEVELS

My Modanisa has Silver, Gold and Platinum levels. As you earn points by shopping and completing various activities, higher levels are achieved. Each level may have different terms and may be subject to additional terms and conditions.
 

Every member who registers on MyModanisa enters the program at the Silver level. For each level, once the points earned from your shopping and activities within the last 3 months exceed 100 points, you reach the Gold level. Upon exceeding 200 points, you reach the Platinum level. The benefits of the current level can be enjoyed for 3 months.

As the level changes, the points in the period are not deleted.

Levels Point Ranges
Silver 0-99
Gold 100-199
Platinium 200+


4. PRIVACY AND PROTECTION OF PERSONAL DATA

When the Member uses the methods determined within the scope of My Modanisa, benefits from the services and benefits from the program, personal data required for membership, shopping information, navigation information obtained during the use of the website and mobile application, surveys, location data; and it is processed by Modanisa as a system requirement in order to design and convey MEMBER-specific content, campaigns, and tangible and intangible benefits, and are transferred to the necessary business partners for the realization of the transactions. The Member accepts this situation.

Modanisa processes the personal data it processes within the scope of the My Modanisa program in accordance with these Terms of Use and the program User Agreement. For more information about the personal data processed within the scope of this contractual relationship and your rights on this data, you can review the "Confidentiality Policy" and "Cookie Policy" and use your rights specified in Article 11 of the KVKK by sending an e-mail to kisiselverilerim@modanisa.com.

5. OTHER PROVISIONS

Modanisa owns all intellectual property rights of the data to be generated by the use of My Modanisa. It may prepare a report or use such information or reports itself without disclosing the membership information of the Member, and may share these reports and/or statistics with business partners and third parties. These transactions do not violate the provisions of Confidentiality and Commercial Communications Permission.

The Member accepts that the responsibility for the personal ideas, thoughts, expressions, comments and files s/he adds to Modanisa.com and My Modanisa media, and the personal information s/he sends while benefiting from Modanisa, belongs to him/her in accordance with the Law No. 5651 and other legislation and in addition, s/he accepts, declares and undertakes that Modanisa cannot be held responsible for this information in any way, and Modanisa is free to publish or delete these transactions, opinions and thoughts.

The Member accepts, declares and undertakes that all the financial rights enumerated in the Law on Intellectual and Artistic Works numbered 5846 and dated 5.12.1951 have been transferred to Modanisa, including the correspondence, subject headings and pseudonyms to be added to the Program comply with the general moral rules and etiquette and all broadcasting, processing and reproduction, dissemination, representation, sign, sound and/or image transmission related to the said correspondence.

The Member accepts, declares and undertakes that s/he will be responsible for the unauthorized use of third-party images, thoughts, copyrighted content and the like that s/he will add to My Modanisa, Modanisa has no responsibility for this, and Modanisa may take necessary measures and initiate legal proceedings.

Modanisa may, at any time, temporarily suspend or stop the operation of the system for technical reasons, security, update, maintenance and similar reasons.

Modanisa can change these Terms of Use, suspend the program, cancel the membership, and collect membership fees. These changes take effect immediately upon the publication of the new modified terms of use on www.modanisa.com. It is the Member's responsibility to be aware of the changes in these Terms of Use.

Modanisa, if it is determined that due to member transactions that raise security doubts and/or that the Members gain unfairly through member transactions and/or the transactions carried out are suspected of fraud, fraud or fraud, Modanisa may temporarily suspend or completely suspend the memberships of the relevant Members, in which case the points and earnings will be canceled and refunded. In such a case, Modanisa will have the right to take all legal and criminal remedies against the relevant Members and the relevant Members will be responsible for any damages that may arise.

6. EVIDENTIAL CONTRACT, THE BURDEN OF PROOF

Modanisa data and Member records and logs will constitute binding and conclusive evidence in any dispute arising from the performance of these Terms of Use.

7. APPLICABLE LAW, AUTHORIZED COURT AND ENFORCEMENT OFFICES

These Modanisa Terms of Use are subject to the laws of the Republic of Turkey. Istanbul Anatolian Courts and Enforcement Offices are authorized to settle any dispute that may arise from the performance of Modanisa Terms of Use.

8. ENFORCEMENT

These Terms of Use are valid and come into effect indefinitely after the Member becomes a member of My Modanisa.
 

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