Terms of Service
This Information Text on the Protection of Personal Data According to the Personal Data Protection Law No. 6698 (“KVKK”) basically covers;
• What kind of data Be Positive – TAYFUN İZGİ (“Be Positive”) collects through the www.bpositive.com.tr website (“Site”), how your collected data is used and with whom Be Positive may share your data,
• Be Positive what your rights are over the data it processes and how you can exercise those rights, and
• Explains how you can change your preferences, whether positive or negative, regarding receiving electronic commercial messages.
Why Do We Process Your Personal Data? Which Personal Data Do We Process?
In order to provide better service to our Members; to carry out and complete your order processes and to provide communication with you; to inform you about products, services, campaigns and promotions; to better understand your shopping preferences, to conduct trend analysis and statistical analysis and to strengthen the security of the Site and to fulfill our legal obligations arising from the relevant legislation, including the Law No. 5651 on Regulation of Publications Made on the Internet and Combating Crimes Committed Through Such Publications, the Law No. 6563 on Regulation of Electronic Commerce, the Turkish Penal Code No. 5237 and the Law No. 6698 on the Protection of Personal Data and the secondary legislation of the relevant laws, your name, surname, e-mail address, telephone number, gender, date of birth, Turkish ID number, tax identification number, personal interests, invoice and delivery addresses; If you connect via social media accounts, we process some of your data that directly or indirectly identifies the Member, including, but not limited to, the information approved to be shared through those channels.
Apart from this data, we also collect and process aggregated statistical data that does not contain personal information, such as the frequency and times of site visits, the times of ordering and the IP address at the time of ordering, statistics on the product pages visited and the products ordered, in order to analyze and understand visitor movements and preferences.
We process and store this personal data in order for you to benefit from the services we offer on the Site, based on your explicit consent, in cases where it is directly related to the establishment or performance of the contract we have with you or in cases where data processing is mandatory for our legitimate interests, provided that it does not harm your fundamental rights and freedoms, and by taking appropriate information security measures, provided that it is not used outside the purposes and scope specified in this Information Pursuant to KVKK.
We use some of your data, which we collect in the database, for periodic campaign studies to be sent at regular intervals, for the design of special promotional activities for customer profiles, and for customer classification studies to prevent the transmission of unwanted e-mails, and in accordance with the relevant legal regulations.
When you use a credit card to pay for a product, you agree to share your credit card number, expiration date, CVV2 code, and similar information with banks. However, the credit card and/or debit card information used during order creation is not stored in our systems in any way.
Be Positive , is free to retain any records related to the terminated membership account, provided they are anonymized. Once anonymized, data loses its ability to identify an individual and is therefore not considered personal data. Members cannot claim any rights or compensation related to anonymized records. We may share your personal data with third parties we collaborate with to provide our services (companies that provide cargo, shipping, call centers, databases, etc.) and with government authorities as required by our legal obligations. Be Positive , your personal data regarding your visit to the Site or membership and traffic information such as navigation information; your security and Be Positive We may share your personal data with public institutions and organizations legally authorized to request this information in order to fulfill our legal obligations. However, we will not use your personal data for commercial purposes or share it with third parties, other than as required by the activities listed above and applicable legislation.
What are your rights regarding your personal data and how can you exercise these rights?
Be Positive is obligated to preserve Member information as required by law. Members always reserve the right to be informed about their personal data, to access it, to request its correction or deletion, and to request information about whether it is being used for its intended purpose.
Your personal data is processed by Be Positive and Be Positive To the extent it processes your data as the data controller, you can submit your personal data by making a written application to the address Nurhak Sokak Manolya Konakları B Blok Darie 1 Kat 1 SARIYER-ZEKERİYAKÖY İSTANBUL in accordance with Article 11 of the KVKK or by sending an e-mail to maktanitimvetasarim@hs04.kep.tr using your registered electronic mail (KEP) address, secure electronic signature, mobile signature or the e-mail address you shared with us during your membership and that is registered in our systems;
• To learn whether any of your personal data is being processed;
• Request information regarding the processing of your personal data;
• To learn the purposes of processing your personal data;
• To learn if personal data has been transferred to third parties in the country or abroad;
• To request correction of personal data if it is processed incompletely or incorrectly;
• Request the deletion or destruction of personal data if the reasons requiring the processing of personal data are eliminated or the Company has no legal basis or legitimate interest to process the data in question;
• Request the Company to ensure that third parties authorized by the Company and processing personal data respect your rights under this section;
• To object to adverse consequences that may arise as a result of the processing of personal data through automated systems, and;
• If you suffer damage due to the unlawful processing of your personal data, you have the right to demand compensation for this damage.
You can update your membership and communication preferences at any time by logging into the system.
For How Long Is Your Personal Data Stored?
Pursuant to Law No. 6563 on the Regulation of Electronic Commerce, records regarding withdrawal of consent will be retained for one year from the date of withdrawal; the content of the commercial electronic message and any other records related to the message will be retained for three years, subject to submission to the relevant ministry when necessary. After this period, your personal data will be deleted, destroyed, or anonymized by our company or upon your request.
How is your personal data protected?
Be Positive attaches great importance to the protection of personal data. Be Positive takes the necessary precautions to protect against unauthorized access to personal data or loss, misuse, disclosure, alteration or destruction of such information. Be Positive , undertakes to keep your personal data confidential, to take all necessary physical, technical and administrative measures and to show due diligence to ensure confidentiality and security. Be Positive Despite taking the necessary information security measures, if personal data is damaged or passed on to third parties as a result of attacks on the Site and the system, Be Positive immediately notifies you and the Personal Data Protection Board of this situation and takes the necessary measures.
Changes
Be Positive may make changes to this Privacy Policy at any time. These changes will be effective immediately upon publication of the new terms and/or policies on the Site. In the event of such changes, you, our Members, will be notified accordingly.
Preliminary Information Form
ARTICLE 1 Seller Information
Title : TAYFUN İZGİ (Be Positive)
Address : Nurhak Street Manolya Mansions B Block Darie 1 Floor 1
SARIYER-ZEKERIYAKOY/ ISTANBUL
Email : support@bpossitive.com
ARTICLE 3 Subject
The subject of this Preliminary Information Form (“Form”) is to inform you about the sale and delivery of the Products (“Products”), the qualities and sales prices of which are specified below, in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts published in the Official Gazette No. 29188 dated 27 November 2014.
ARTICLE 4 Basic Characteristics of the Goods Subject to Sale and Payment Information
4.1. The information regarding the description, unit price, quantity and payment terms of the Products are as stated below and this information has been approved by the Consumer.
4.2. Shipping Fee will be paid by the Consumer.
ARTICLE 5 Validity Period of Commitments
The prices specified in Article 5.1 are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
ARTICLE 6 Delivery of Products
6.1. The products will be delivered to the delivery address specified by the Consumer or to the person/organization at the specified address, packaged and intact, along with the invoice, within 30 days from the date of order. If the Seller fails to fulfill this obligation, the Consumer may terminate the contract.
6.2. If the Products are to be delivered to a person other than the Consumer indicated, the Seller cannot be held responsible if the person/organization to whom the Products are to be delivered does not accept the delivery.
6.3. The Consumer is obliged to check the Products upon receipt and to immediately notify the Seller of any defects he/she detects.
ARTICLE 7 RIGHT OF WITHDRAWAL
7.1 In distance contracts regarding the sale of goods, the consumer may exercise his right to withdraw from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any justification within 14 (fourteen) days from the date of delivery of the Product to him or to the person/organization at the address he indicated.
7.2 In order to exercise the right of withdrawal, written notice must be given to the Seller within 14 (fourteen) days via registered mail, e-mail or fax.
7.3 In order for the return process to be completed, the return form we have sent to you must be filled out completely and placed in the return package, and the return form must be filled out via www.bpositive.com.tr.
7.4 Products to be returned must be delivered with their box, packaging and standard accessories, if any.
7.5 The Seller is obliged to return the total price and the documents that put the Consumer in debt to the Consumer within 14 (fourteen) days from the date of receipt of the notice of withdrawal.
The seller makes all refunds specified in the first paragraph in a one-time manner, in accordance with the payment instrument used by the consumer when purchasing, and without imposing any expense or liability on the consumer.
(If the consumer uses the installment option on the credit card during the purchase, the refund will be made to the bank in one lump sum, and it is not a violation of this article for the bank to pay the relevant amount to the consumer in installments.)
7.6 The shipping costs of Products returned due to the right of withdrawal are covered by the buyer.
ARTICLE 8 Products for which the Right of Withdrawal Cannot Be Used
The right of withdrawal cannot be exercised in contracts concerning the sale of goods that are prepared in accordance with the wishes of the Consumer or clearly in line with his/her personal needs, that are not suitable for return due to their nature, that are in danger of deterioration or have a possibility of expiry, and in contracts concerning sound or image recordings, software programs and computer consumables, provided that the packaging has been opened by the Consumer.
ARTICLE 8 General Provisions
8.1 The Consumer declares that he/she has read and is informed about the basic characteristics of the Product for sale in this Form, the sales price, payment method and preliminary information regarding delivery and has given the necessary confirmation in writing.
8.2 By confirming this Form in writing, the Consumer confirms that he/she has obtained the address that should be given to the Consumer by the Seller before the conclusion of distance contracts, the basic features of the ordered Products, the price of the Products including taxes, payment and delivery information accurately and completely.
8.3 The Seller cannot be held responsible for the failure to deliver the ordered Product to the Consumer due to any problems encountered by the cargo company during the delivery of the Products to the Consumer.
8.4 The Seller is responsible for delivering the Products intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
8.5 If it is understood that the Products cannot be supplied for a justified reason before the delivery date, the Seller may supply a different Product of equal quality and price by informing the Consumer and obtaining his/her written approval.
8.6 If the delivery of the Products becomes impossible, the Seller shall notify the Consumer of this situation before the expiry of the performance obligation arising from the contract and refund the total price to the Consumer within a period of 10 (ten) days.
8.7 If the Product price is not paid or is cancelled in bank records for any reason, the Seller is deemed to be released from its obligation to deliver the Product.
8.8 If the Seller is not paid for the Products for any reason, the Consumer shall return the Products to the Seller at their own expense within three days of the Seller's notification. The Seller reserves all other contractual and legal rights, including the right to pursue the receivable payment of the Products, in all cases.
ARTICLE 9 Competent Court
Sellers may submit their complaints and objections to the consumer problems arbitration committee or consumer court in the place where they purchased the goods or services or where they reside, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December each year.
ARTICLE 10 Other Provisions
After this Preliminary Information Form is read and accepted by the Consumer in electronic environment, the Long Distance Sales Contract establishment phase will begin.
I confirm that I have obtained the preliminary information specified in this Preliminary Information Form.
Seller: TAYFUN İZGİ BePositive