Privacy Policy

The Parties acknowledge that any and all personal data, intellectual property, trade secrets, or any other type of information or documents, whether legally protected or not, that they have learned or acquired about each other, their employees, customers, or visitors through electronic, written, or verbal means for the purpose of performing this Agreement, shall be deemed “Confidential Information.”
Confidential Information includes, but is not limited to, drawings, photographs, innovations, research and development studies, systems, fees, promotional ideas, processes, tests, formulas, methods and techniques, copyrights, trademarks, patents, industrial designs, know-how, production, operations, programs, software, data, pricing, products, marketing and advertising activities, litigation information, accounting records and information, financial data, contracts, projects, works, business plans, policies and practices, biometric data, any official documents, employee records, customer portfolios, and any information and documents related thereto, as well as any information disclosed during negotiations, discussions, or meetings between the Parties, including meeting notes, any documents, analyses, studies, offers, or other information delivered by the Parties, and any non-public information related to the Parties’ assets, activities, or the subject matter of the Agreement.

Regarding the security of Confidential Information, the Parties agree, declare, and undertake to take all reasonable security measures to prevent such information from being learned, used, transferred, or destroyed by unauthorized persons and to avoid causing any rights violations.
The Parties shall also take the necessary measures to ensure that their own employees comply with this confidentiality obligation.

Information that is not confidential, information that is publicly available, information obtained from other sources, and information used with the explicit consent of the other Party or the relevant individual shall be excluded from the scope of the confidentiality obligation.

In the event of any breach of the confidentiality obligation, for any reason whatsoever, the Parties agree, declare, and undertake to compensate the other Party for all direct and indirect damages incurred or to be incurred, upon proof before the competent authorities.

The Parties agree, declare, and undertake that, during the term of this Agreement and for a period of 2 (two) years following its termination, they will not employ the other Party’s personnel who were employed after the commencement of their legal relationship under this Agreement or any other agreement. Furthermore, they shall not establish any direct or indirect business relationship with such personnel under titles such as partnership, representation, management, consultancy, etc. In the event of a breach of this clause, the breaching Party agrees, declares, and undertakes to be liable for the other Party’s loss of business and any other material and moral damages that may arise as a result.

The Parties undertake and guarantee that, in relation to this Agreement, they will comply with the Law on the Protection of Personal Data No. 6698 (KVKK) and all applicable laws, regulations, rules, including related statutes, regulations, communiqués, and decisions concerning the protection of personal data, and will continue to comply even after the termination of this Agreement, ensuring that they do not cause any breach thereof. The Parties declare and undertake that, under this Agreement, the personal data of third parties, including their own employees, which they transfer and/or provide access to each other, have been obtained in compliance with the KVKK, and that they have processed and transferred such personal data based on the individuals’ informed explicit consent or based on the existence of lawful grounds under the law. The Parties agree, declare, and undertake that if they negligently, faultily, or intentionally breach their commitments regarding the rights and obligations concerning the protection of personal data, they shall immediately compensate the other Party for any damages incurred as a result of administrative, criminal, and/or legal sanctions, upon first request and without the need for any legal proceedings.

Even in the event of the termination of this Agreement for any reason, the obligations set forth in this clause, except for the non-compete obligation, shall be considered by the Parties as indefinite and shall continue to apply without any time limitation under the provisions of this clause.