Üyelik Sözleşmesi

Çerez Politikası

Gizlilik ve Güvenlik Sözleşmesi

THE HOUSESEAT PERSONAL DATA PROTECTION POLICY AND INFORMATION NOTICE


Law No. 6698 on the Protection of Personal Data (“Law”) entered into force on 7 April 2016. The said law contains regulations regarding the processing of all information relating to “an identified or identifiable natural person”.


TheHouseSeat Personal Data Protection and Processing Policy (“Policy”) explains the policies of Tiyatronet Bilişim Teknoloji A.Ş., acting as the data controller (“Company”), regarding all personal data of individuals processed fully or partially by automatic means or by non-automatic means provided that such processing forms part of a data recording system.


1. PRINCIPLES REGARDING THE PROCESSING OF PERSONAL DATA

Within the framework of Article 4 of the Law, the Company, as data controller, shall act in accordance with the following principles in the processing of personal data.

(a) Compliance with law and the rules of honesty

Personal data shall be processed in accordance with law and the rules of honesty. The Company shall act in compliance with the applicable legislation in all personal data processing processes and shall observe the rules of honesty.

(b) Accuracy and up-to-dateness

The Company shall enable data subjects to update their data in order to ensure that the personal data it processes is accurate and up to date, and shall take the necessary measures to ensure that the data is accurately transferred to databases.

(c) Processing for legitimate and specific purposes

The Company is obliged to inform data subjects about the purposes of processing personal data in line with its disclosure obligations. Accordingly, the Company shall limit its data processing activities to specific and legitimate purposes and shall clearly inform data subjects through information notices.

(d) Processing in a manner relevant, limited and proportionate to the purpose

The Company shall process personal data to the extent necessary for the purpose notified to the data subject, in connection with that purpose and in a limited manner.

(e) Retention for the period stipulated in the relevant legislation or necessary for the purpose

If there is a retention period specified in the legislation, the Company shall retain data for that period. If no such period exists in the legislation, reasonable data retention periods shall be determined and the data shall be retained for such period. Upon the expiry of such periods, the data shall be deleted or anonymized.


2. PERSONAL DATA PROCESSED

Through the website, mobile applications, Smart TV and other digital platforms, and within the framework of the services provided in connection with these platforms, the following personal data of users are processed.

For the relevant person who is a member

• Identity Information: Name, surname, date of birth, Turkish ID Number, gender

• Contact Information: E-mail address, phone number, address

• Customer Transaction: Preferences, commercial communication permission, followed content, watched content, service start and end time, type of service used, amount of transferred data, commercial electronic communication consent given electronically by the relevant person, approved membership agreement, distance sales agreement, cookie policy and privacy agreement, etc.

• Transaction Security Information: Password, passcode information, username, IP address

• Marketing Information: Cookie records, targeting information, evaluations showing habits and likes, e-mail messages sent for marketing purposes within the scope of the commercial electronic communication consent given by the relevant person

• Visual/Audio Records: Call center call recordings

For the relevant person who is a visitor

• Identity Information: Name, surname

• Contact Information: E-mail address, phone number

• User Transaction Information: Call center call recordings, followed content, watched content

• Legal Transaction Information: IP address

• Marketing Information: Cookie records

• Audio Data: Call center call recordings

• Customer Transaction: Service start and end time, type of service used, amount of transferred data, website, mobile application, mobile website, smart TV application regarding the service used by the relevant person, complaints and/or requests and records relating to their evaluation


3. METHOD OF PROCESSING PERSONAL DATA

Personal data is processed in accordance with the legislation through www.thehouseseat.com, the Company's mobile applications, smart TV application and other digital platforms, contracts, forms, social media accounts, cookies, call center, e-mail and other communication channels, or by being provided directly by the relevant person.


4. PURPOSES AND LEGAL GROUNDS FOR PROCESSING PERSONAL DATA

Pursuant to Articles 5 and 6 of the Law, the conditions for processing personal data and special categories of personal data have been determined.

Personal data is processed by the Company for the following purposes:

• Processing users' traffic information (IP address, service start and end date, type of service used, amount of transferred data and subscriber identity information) in accordance with the applicable legislation,

• Carrying out user transactions,

• Determining our geographical location and providing content or content-related advertisements and services according to your region or country,

• Improving services and content and developing new services/content,

• For the performance of the User Agreement, and for users who have given commercial electronic communication consent, analyzing the user's preferences and likes and recommending services/content specific to the user,

• Tracking member/user movements to increase user experience and service/content quality,

• Providing relevant information to users who have commercial electronic communication consent,

• Conducting direct marketing, digital marketing, remarketing, targeting, profiling and analysis in line with the information in the cookie policy in order to promote and market applications, products and services in line with the preferences and likes of the member/user,

• Resolving complaints and problems,

• Providing support for technical problems,

• Improving user experience on the website, mobile application, mobile website and smart TV application,

• Carrying out user satisfaction and loyalty processes,

• Conducting statistical evaluations and market research,

• Managing corporate reputation and media communications,

• Determining and implementing the Company's commercial and business strategies,

• Monitoring accounting and purchasing transactions,

• Conducting legal processes and acting in compliance with legislation,

• Fulfilling legal obligations,

• Responding to information requests from administrative and judicial authorities,

• Planning internal reporting and business development activities,

• Ensuring information and transaction security and preventing malicious use.

Personal data is processed by the Company on the following legal grounds:

• It is explicitly stipulated in the laws.

• Explicit consent.

• It is necessary to process personal data of the parties to a contract, provided that it is directly related to the establishment or performance of the contract.

• It is mandatory for the data controller to fulfill its legal obligation.

• It has been made public by the relevant person.

• Data processing is mandatory for the establishment, exercise or protection of a right.

• It is mandatory to process data for the legitimate interests of the data controller, provided that this does not harm the fundamental rights and freedoms of the relevant person.


5. TRANSFER OF PERSONAL DATA BY THE COMPANY

Pursuant to Article 8 of the Law, a distinction is made in the transfer of personal data according to whether the personal data is a special category of personal data or not. Accordingly, non-special category personal data may be transferred by the Company to third parties if one of the processing conditions exists.

Personal data may be transferred for the purposes of providing products and services, contacting the user or visitor, obtaining e-mail delivery services, determining the user's usage preferences and browsing history, segmentation, determining customer profile, carrying out statistical studies, and contacting the user regarding member/user likes and preferences, to natural or legal persons with whom the Company cooperates.

Personal data transferred within the framework of the above principles is secured by data security agreements and/or contractual provisions prepared by considering whether the receiving party is a data controller or data processor.


6. RIGHTS OF DATA SUBJECTS AND EXERCISE OF THESE RIGHTS

According to Article 11 of the LPPD, the rights of personal data subjects are as follows:

i. To learn whether personal data relating to them is processed.

ii. To request information if their personal data has been processed.

iii. To learn the purpose of processing personal data and whether they are used in accordance with their purpose.

iv. To know the third parties to whom personal data is transferred at home or abroad.

v. To request correction of personal data if it is processed incompletely or inaccurately.

vi. To request deletion or destruction of personal data within the framework of the conditions stipulated in the relevant legislation.

vii. To request notification of the transactions made as a result of requests for correction, deletion and destruction to third parties to whom personal data has been transferred.

viii. To object to the emergence of a result against the person by means of analysis of processed data exclusively through automated systems.

ix. To request compensation for damages in case of damage due to unlawful processing of personal data.


7. PROTECTION OF PERSONAL DATA

The Company takes technical and administrative measures to prevent unauthorized access, data loss and damage in order to ensure the security of personal data.

Within this scope, the Company:

• Keeps records of access to personal data

• Ensures data security through anti-virus systems and firewalls

• Carries out personal data processing activities

• Ensures that audits are conducted in order to ensure the implementation of the provisions of the Law

• Makes authorizations appropriate to the nature of the data accessed within the Company

• Makes authorizations appropriate to the nature of the data in access to data

• Subjects special categories of personal data, if any, to stricter access measures

• Obtains commitments from external service providers to ensure compliance with the Law where access to personal data occurs from outside the Company due to outsourcing, supplier use or other reasons

• Trains all employees, especially those authorized to access personal data, and obtains undertakings from them

Right to Delete Personal Data

Users have the right to request the deletion of their accounts as well as their personal data. To make this request, they can send an e-mail to destek@thehouseseat.com or contact the live support team. After your request is reviewed, action will be taken as soon as possible.

Mesafeli Satış Sözleşmesi

ARTICLE 1 – PARTIES

1.1 This Agreement has been electronically approved between the following parties within the framework of the principles and conditions set forth below.

SELLER

TITLE Tiyatronet Bilişim Teknoloji A.Ş.

MERSIS 0845069154500001

ADDRESS Reşitpaşa Mah. Katar Cad. İTÜ Arı Teknokent 3 Binası No:4 Inner Door No:B109 Sarıyer/Istanbul

PHONE 0212 3283323

WEB www.thehouseseat.com


BUYER

NAME SURNAME {BuyerName}

ADDRESS {BuyerAddress}

PHONE {BuyerPhone}

E-MAIL {BuyerEmail}


ARTICLE 2 – SUBJECT OF THE AGREEMENT, SERVICE, PAYMENT AND DELIVERY

2.1 The subject of this Agreement is the determination of the provisions regarding the purchase by the BUYER of the paid and/or free digital content, video, music, live TV broadcasts, games and similar content services offered by TheHouseSeat on www.thehouseseat.com and/or through the TheHouseSeat application available on mobile devices, smart televisions and similar devices, and the determination of the rights and obligations of the parties concerning the BUYER's right to watch such digital content during the purchased service period, including the date of purchase.

2.2 From the moment the BUYER makes the payment, the BUYER acquires the right to watch the requested content over the internet on www.thehouseseat.com and/or through the TheHouseSeat application available on mobile devices, smart televisions and similar devices, and access to the relevant content ends upon the expiration of the membership period.

2.3 The BUYER may receive the service directly through www.thehouseseat.com or the TheHouseSeat application on compatible mobile devices by logging in with the username and password provided during registration. The service is delivered electronically through the website at the moment the payment is completed after the buyer approves the payment transaction.

2.4 The BUYER purchases the digital content services subject to this Agreement from www.thehouseseat.com through an intermediary virtual POS system. If the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons for reasons not arising from the BUYER's fault, the purchased content cannot be returned and/or exchanged. Other than the service fee to be paid by the SELLER to the contracted intermediary virtual POS company, iyzico, the SELLER has no other obligations, undertakings or liabilities regarding its sales and/or events. The BUYER accepts, declares and undertakes that the liability of the SELLER is limited to this article and that the BUYER may not make any claim against the SELLER outside the liability limit set forth herein, under whatever name or title.


ARTICLE 3 – RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 The SELLER shall provide the digital content services it offers on www.thehouseseat.com and/or through the TheHouseSeat application available on mobile devices, smart televisions and similar devices, within the license limitations relating to the selected service category, at the predetermined price and conditions, for 48 (forty-eight) hours from the date of establishment of the agreement or for 1 (one) month in the case of monthly membership.

3.2 The BUYER accepts and undertakes that all information provided to the SELLER during membership creation and use of the services (such as name, surname, Turkish ID number, address and phone number) is accurate, and that the SELLER shall not be responsible for any problems arising from inaccurate or incomplete information where such information is required. If there is any change in the BUYER's information, updating such information is the responsibility of the BUYER.

3.3 It is prohibited under Law No. 5846 on Intellectual and Artistic Works for the BUYER to use or allow the use of the digital content services for purposes other than personal use, to transmit the digital content to third persons and/or institutions, to allow such persons to use it and/or transfer it to them, and on the other hand to make audio or video recordings, take photographs, copy, reproduce, modify or publish the content. The rights subject to this Agreement may in no way be used by the BUYER for commercial purposes. Otherwise, the SELLER reserves the right to claim damages and all other rights.

3.4 In the event that the BUYER causes a breach, the BUYER shall pay the SELLER a contractual penalty of TRY 50,000 (FIFTY THOUSAND TURKISH LIRA) for each breach, without prejudice to the SELLER's rights regarding material and moral damages suffered and any excess claims. Since the use of the content by the BUYER in whole or in part, during or after the broadcast, without prior written permission from the seller, also constitutes an offense, the necessary notices and criminal complaints shall be made and criminal sanctions shall be requested against the BUYER.

ARTICLE 4 – RIGHT OF WITHDRAWAL

4.1 Pursuant to subparagraph (ğ) of Article 15 of the Regulation on Distance Contracts, which states that “there is no right of withdrawal for contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,” the BUYER has no right of withdrawal under this Agreement, as the sold service is performed electronically and delivered instantly to the consumer.

ARTICLE 5 – TERMINATION OF THE AGREEMENT

5.1 The SELLER cannot be held liable for interruptions in service due to disruptions occurring on the internet, quality problems, security failures and/or general unrest in the country, war, terrorism, strikes, general power outages, earthquakes, floods, states of emergency, cyberattacks, infection of devices by viruses, server-based issues, internet infrastructure failures or similar force majeure events, or for the BUYER's inability to access the content for any reason not arising from the SELLER.

5.2 If the BUYER cannot access the purchased content due to a technical problem caused by the SELLER, the BUYER must immediately notify the SELLER of the disruption in writing; otherwise, the 15 (fifteen)-day period shall continue to run. If the access problem caused by the SELLER is reported within a reasonable time, the SELLER shall remedy the disruption, and the period between the date of notification and the date on which the problem is resolved shall be added to the BUYER's usage period.

5.3 If it is accepted that the problem occurred due to a technical issue caused by the SELLER and such problem is not resolved within a reasonable time, the BUYER shall have the right, due to being unable to use the purchased digital product, to terminate the agreement for just cause, to use the right of access for another digital product, or, if the BUYER does not wish to do so, to request a refund of the amount paid after deducting the amount corresponding to the periods during which the content was accessible.

5.4 In the event of termination of the Agreement by the BUYER, all price advantages and other benefits obtained by the BUYER shall also be deducted from the refundable amount. If the Agreement is terminated by the BUYER without just cause, no refund shall be made by the SELLER.

ARTICLE 6 – PROTECTION OF PERSONAL DATA

6.1 In order to provide digital content services and to offer content more suitable to the BUYER's expectations, the SELLER records personal data such as Turkish ID number, name, surname, date of birth, address, phone number and e-mail address through the Site, the TheHouseSeat application or the call center.

6.2 Personal data shall be processed in accordance with the fundamental principles set forth in the Law, within the scope of the personal data processing conditions and purposes specified in Article 5 of the LPPD, and within the framework of the provisions of this Agreement. The BUYER's personal data may not be processed for purposes other than those specified in this Agreement. Within the scope of this Agreement, the SELLER may use the personal data transferred to it in order to provide products and services properly and to respond to consumer questions by e-mail, mail or telephone.

6.3 The BUYER's personal data is transferred to business partners, affiliates, legally authorized public institutions and legally authorized private institutions in accordance with the principles set forth in Articles 8 and 9 of the LPPD.

6.4 By approving the Agreement, the BUYER consents to the recording, storage and processing of all such personal data. In addition, by signing this membership agreement, the BUYER expressly acknowledges that the contents of the Privacy Policy and the Personal Data Protection Information Notice published on the SELLER's website and digital platforms are within the BUYER's knowledge and approval. The BUYER accepts and declares that the BUYER has read the Privacy and related Policies on the SELLER's website.

6.5 The BUYER accepts and undertakes to ensure that the personal data transferred by the BUYER during the membership period is accurate and, where necessary, up to date.

6.6 By contacting the SELLER through the website (or through the application form on the website), the BUYER may request the rights arising from the LPPD from the SELLER. The SELLER shall respond to the BUYER within a reasonable time.

6.7 The SELLER shall finalize requests made by the BUYER regarding the processing, transfer and/or retention of personal data as soon as possible and in any case within 30 (thirty) days free of charge. In order for this period to start, the BUYER must send the request to the SELLER in writing by any method determined by the Personal Data Protection Board. If the request is rejected by the SELLER, if the response is found insufficient, or if no response is given in due time, the BUYER may file a complaint with the Personal Data Protection Board within 30 (thirty) days from learning of the response and in any case within 60 (sixty) days from the date of application.


ARTICLE 7 – CONSUMER COMPLAINT RESOLUTION METHODS AND NOTIFICATIONS

7.1 The BUYER may submit complaints regarding the service received via the contact number 0212 328 33 23 or the e-mail address destek@thehouseseat.com.

7.2 Any notices or other notifications to be made pursuant to this Agreement shall be made in writing or electronically and shall be sent by fax, e-mail, registered electronic mail, hand delivery, mail, cargo or postal courier to the seller's address specified in Article 1 of this Agreement and to the buyer's addresses stated as accurate in the Membership Agreement.


ARTICLE 8 – RESOLUTION OF DISPUTES

8.1 In applications regarding complaints and objections concerning the implementation of this Sales Agreement, the consumer arbitration committee or consumer court at the place where the goods or services were purchased or where the customer resides shall be authorized within the monetary limits determined each year in December by the Ministry.

8.2 The parties declare and accept that all records of the SELLER shall constitute conclusive evidence and that Istanbul Courts and Enforcement Offices shall have jurisdiction in the event of any dispute or conflict.

Right to Delete Personal Data

Users have the right to request the deletion of their accounts as well as their personal data. To make this request, they can send an e-mail to destek@thehouseseat.com or contact the live support team. After your request is reviewed, action will be taken as soon as possible.

Right to Delete Personal Data

Users have the right to request the deletion of their accounts as well as their personal data. To make this request, they can send an e-mail to destek@tiyatronet.com or contact the live support team. After your request is reviewed, action will be taken as soon as possible.