Privacy & Personal Data Policy
This Privacy & Personal Data Policy is meant to provide information on the personal data collected, retained, processed, shared and transferred by iyzico. Any person who visits iyzico website, or uses any service provided by iyzico (e.g. makes a payment with his/her credit card to a merchant that receives payments via iyzico) is covered by this Privacy & Personal Data Policy
When the term "iyzico" is used, it covers both iyzico Turkey and iyzico Europe as they share the same privacy principles and policy. iyzico might be referred to as "we", "us" or "our" in this policy. Legal titles and contact information of iyzico companies can be found at the end of this document.
The terms "personal data", "personal information" and "your information" are used interchangeably and they mean any information than can be associated to an identified or identifiable natural person (e.g. name, e-mail address, birth date, national ID number)
We are aware that personal data is important for our clients as well as end users and we endeavor to undertake all necessary measures to ensure this policy is complied with by everyone within iyzico and that your personal data is kept safe.
Purpose of this Privacy & Personal Data Policy is:
• To explain, in the most transparent and readable way possible, our ways and purposes of using the data we collect about you;
• To clarify the types of information we collect upon your permission and the purposes and methods for processing of them;
• To inform you on the third parties we transfer this information to as well as our purpose and method in doing so;
• To let you know your choices and legal rights with respect to your personal data;
• To describe the extent of our responsibility for protection of your rights and privacy.
This policy applies to products and services of iyzico only. On websites and mediums that do not belong to iyzico, the policies and rules of the respective person or organization. Sometimes, in addition to iyzico's policies and rules, e.g. on a checkout form placed on a merchant's website, but transmits payment data to iyzico) both iyzico and the merchant's privacy policies shall apply.
The type of personal data processed by iyzico depends on which services you benefit (some of them may not be available according to your region and legal status) and how you benefit from them.
2. Personal Data Collected by iyzico
We collect different types of personal data about you when you visit our website or use our services.
When you visit our websites, send or receive a payment via iyzico, or register to open an account you may use for receiving or sending funds and similar purposes; we will collect information necessary to offer and fulfill your request in an efficient and secure way. This information may include:
• Your contact details (e.g. your name, address, e-mail address, ID number).
• Payment details (e.g. your credit card number, expiry date, instalment choice).
• When someone sends funds to, or enters into any transaction that requires them to provide personal information about third persons, we collect personal data about those third persons.
• Information obtained from third-party sources, such as our clients from whom we receive category and name of the products or services you wish to purchase from the merchant, details on your membership with the merchant, your IP address and past transactions. We also receive information about your purchase from delivery companies to monitor your transaction's status.
• If you are applying to use the services of iyzico, your business details (e.g. your business name and category, tax ID, bank account details) some of the information requested may be related to a legal person and therefore outside the scope of personal data, however, as far as these details contain information related to a real person, you declare that you are authorized to share these pieces of personal information.
• If you are a seller utilizing a platform (e.g. a marketplace) which uses our services, the platform may transfer your personal data such as contact details and bank account number.
• Additional details you provide to us when you make use of optional services provided by iyzico or when you contact iyzico (e.g. via the contact us form located on our website or e-mail).
3. Use of Personal Data by iyzico and Legal Basis for Processing
We use your personal data for various purposes permitted under data protection laws in Turkey and the European Union. Our purposes in using your personal data are explained with some examples below and are justified by lawfulness criteria stipulated in data protection regulations of the European Union and Turkey, such as performance of contractual obligations, our legitimate interests, and legal obligations.
• To operate our sites and provide our services,
We need to use your information to initiate payments, transfer funds, store your credit cards for your future use, and enable you to create, access and modify your account.
• To improve our services and manage our business needs,
We monitor usage of our sites and services by you and analyze usage data to enhance our performance.
• To mitigate and manage risk and protect our platform and customers from harm,
We detect and prevent fraud by identifying customers and measuring their risk level. These decisions may be made by automatic algorithms as well as human effort under set rules. If you learn that your application or a transaction you want to make has been rejected as a result of those procedures, you may contact us at the contact information provided at the end of this document.
• To contact you when needed,
We may contact you regarding the status of your transaction. Also, when there is an issue related to your account or a payment you make, we may use your personal information to reach out to you so that we can resolve the issue. You may be contacted by iyzico employees, or by employees of our business partners, in which case we need to share your personal data with those business partners.
• To meet our legal obligations or resolve disputes,
Some regulations in the jurisdictions require us to use and retain your information in certain ways. As a payment services provider, we are obliged to keep and inspect records of all transactions we facilitate for various reasons including data retention, anti-money laundering and taxation.
When there is a legal dispute between iyzico and you, or between parties of a transaction facilitated by iyzico, your information may be used to resolve the dispute and presented to courts and other authorized dispute resolution authorities.
We may also use your information in additional ways that you have consented to. For instance, we may seek your consent for sending you marketing material, receiving your feedback or other processing activities. In those cases, you can always withdraw your consent by contacting us at the addresses provided at the end of this Policy. You should include information that enable us to recognize you in that notification. Your notification of withdrawal of your consent will be effective in the future and therefore will not make our prior processing unlawful but it will make us cease to process that information from the receipt of your notification onwards.
When you use the iyzico website, access information related to you, such as your ISP's (Internet Sevice Provider) name, your IP Address, your browsing information and geolocation may be collected by iyzico. This information is used for improvement of iyzico's infrastructure, statistical evaluations, and better targeting of marketing material. Cookies and other tracking technologies (e.g. web beacons) that are operated by iyzico or third party service providers may also be used for collecting information on your usage to enable the website's functionalities such as customization, to mitigate risk (e.g. by prevent fraud), manage our infrastructure, and to promote our services.
Our website uses a web analytics tool named Google Analytics developed by Google, Inc. ("Google"). Google Analytics utilizes cookies and other identifiers to help website owners analyze the use of their website by their visitors and for rendering of the services provided by Google. Information related to your use of the website may be transferred to Google's servers located in various countries and be processed by Google at those locations. Google shall use this information for analyzing your use of the web, drafting reports on the usage of website for website owners and providing other services related to internet use (e.g. creating user segmentations). Google may transfer this information to third parties upon legal obligation and when third parties process this information on behalf of Google. For more information on privacy practices of Google with respect to Google Analytics, please visit this website: https://www.google.com/policies/privacy/partners/ If you do not wish your information to be used by Google Analytics, you may use the following link to opt out: https://tools.google.com/dlpage/gaoptout/
Our website utilizes a service provided by Hotjar Ltd. ("Hotjar") that identifies users' experiences on a website and evaluates the ease of use of the website and receives anonymous feedback from users. Cookies are placed on your computer for the provision of this service.
Our website utilizes a service provided by Optimizely Inc. ("Optimizely") that helps find out which version of the website is more suitable for use by showing different versions to different users. Cookies are placed on your computer for the provision of this service.
This website and iyzico merchant control panel utilize a service provided by Sosyo Plus Bilgi Bil. Tekn. Dan. Hiz. Tic. A.Ş. ("Insider") that helps merchants to find out the features they were not able to use before. Cookies are placed on your computer for the provision of this service.
This website utilizes a service provided by Doğan İnternet Yayıncılığı ve Yatırım A.Ş. ("Medyanet") that analyses user behavior. Cookies are placed on your computer for the provision of this service.
5. Retainment and Erasure of Personal Data
iyzico retains your personal data in an identifiable format for the shortest period of time necessary to fulfil our legal obligations and for our business needs.
When the period during which we retain your personal data ends, we will erase or anonymize your personal data so that they can no longer be associated with you, in line with our internal procedures that aim to ensure safety of your personal data.
When you close your account or request erasure of your personal data, we will erase or anonymize parts of it that we are not legally obliged to reject your erasure request or to keep even if your account is deleted.
The cookies we use have defined expiration times; unless you visit our sites or use our services within that time, the cookies are automatically disabled and retained data is deleted. You may also manually delete those cookies through your web browser's settings.
6. Transfer of Personal Data to Third Parties
While providing our services, we sometimes share your personal information with third persons for purposes explained in this section.
We utilize services of other companies as necessary and we may need to share your personal data with some of them. For example, when we receive your payment details (either directly from you or via the merchant you wish to make a payment to) we need to transfer them to respective financial institutions to initiate the payment. Or when the transaction you have made requires some additional steps to be taken (e.g. if it is an international purchase and customs procedures are to be completed) we may share your personal data with relevant service providers (e.g. customs brokers). We may also transfer personal data to third persons (e.g. anti-fraud processing companies) in order to ensure safety and convenience of our users and business.
When you use our services, we notify the other parties to the transaction you have made, such as other users and merchants and this might include transfer of a portion of your personal data.
Law enforcement agents and other authorities may request information from us. We will share your information only when there is a legal obligation to do so; or when it is deemed necessary to prevent and/or prosecute a crime.
We may also need to share personal data with third parties for other business purposes (e.g. for audits, corporate governance, or executing our legal rights). We will always comply with the law when doing so.
7. Personal Data Transfers to Other Countries
Due to nature of our services, we might need to transfer some personal data internationally. A big part of our information technology infrastructure (the all infrastructure of iyzico Turkey) is located within Turkey and this means that if you are using our services or reaching out to our website from another country, your personal data will be transferred to Turkey. This transfer takes place within a lawful framework that ensures safety of your personal information. We rely on model contractual clauses issued by the European Commission for transfers between iyzico Europe and iyzico Turkey.
In addition to the transfers between iyzico group companies, other transfers to third parties mentioned above, may require your personal data to be transferred to different countries. However we guarantee that your personal data is only transferred to countries regarded to be providing adequate safeguards or to parties that guarantee to ensure the safety of your personal information.
8. Choices Available to You
You have choices available with respect to our privacy practices. You may always decline to provide personal data requested by iyzico. However, if the information you have declined to provide is mandatory for provision of our services, you may not use our services. For instance, if you decline to enter your credit card number on the checkout form for a merchant who accepts credit card payments via iyzico, we cannot initiate the payment.
You may review and modify some of the personal data we have about you in the settings section of our mobile or web application when you log in to your account. If you want to review or modify other pieces of information than available on the website, please contact us using the contact information at the end of this document.
From time to time, we communicate with you. These communications may be for marketing purposes or notifications related to a transaction you have been a party to. You can opt-out of all marketing related communications by following the instructions at the end of messages we send. However, you cannot opt-out of transactional messages, but you may only choose the methods and addresses you receive them to.
9. Your Rights
We want you to know that you have following rights with respect to your personal data, as per the regulations governing use of personal data within EEA or Turkey:
(a) To learn if we process your personal data, the types of data we process, sources we get your personal data from, third parties we transfer your personal data to within the country or internationally, the period for which we keep the personal data or how we determine that period;
(b) To access your personal data and to request the data provided by you to be given to you or another data controller in a structured, commonly used and machine readable format,
(c) To learn the purposes for which your personal data is processed and to query if they are used in a compatible manner with those purposes,
(d) To object to and request restriction of processing of your personal data,
(e) To request rectification of inaccurate and incomplete personal data about you,
(f) To request erasure of your personal data when there is no legal basis for further processing,
(g) To request notification of procedures such as erasure and rectification to other third parties to whom your personal data has been transferred,
(h) To object to any negative consequences arising from automatic analysis of your personal data,
(i) To request indemnification for any damages arising from unlawful processing of your personal data.
You can exercise these rights by contacting us at the addresses provided at the end of this Policy. Your application should include the information you have given to us while registering or making use of our services as well as a photo ID, so that we may identify you.
10. Protection of Personal Data
All personal data collected by iyzico is transmitted and stored in compliance with reasonable security standards as adopted by the industry. The security of payment data is ensured with our PCI DSS Level 1 Compliant infrastructure and all connections where personal data is transmitted are protected with encryption. Even though we take all reasonable measures to protect your information, you are responsible for securing and maintaining your account information, including your password.
Our services and websites are not directed to children, i.e. people who are not legal adults. We do not collect personal data from children or other individuals who are not legally able to use our services. If we find out that we have collected Personal Data from a child, we will promptly delete it, unless we are legally obligated to retain such data. If you believe that we have mistakenly or unintentionally collected information from a child, please contact us immediately at the addresses below.
12. Contact Information
For iyzico Turkey:
Company Title: iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş.
MERSIS (Central Registration System) Number: 0483034315700019
Address: Burhaniye Mahallesi Atilla Sokak No:7 Üsküdar İstanbul
E-Mail: [email protected]
Phone: +90 216 599 01 00
For iyzico Europe:
Company Title: Iyzi Payments, UAB
Registration Code: 304782968
Address: Mėsinių g. 5, LT-01133 Vilnius LITHUANIA
E-Mail: [email protected]
Phone: +90 216 599 01 00
PRIVACY NOTICE AND CONSENT FORM REGARDING THE PROCESSING OF PERSONAL DATA
1. The purpose of the privacy notice and the role of our company as data controller:
As per Law No. 6698 on the Protection of Personal Data, our company iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. (“iyzico” or “Company”) qualifies as a “data controller” in regard to the personal data personal data of its users. The objective of this this Information and Consent Statement is to inform its users about the personal data processing activities carried out by iyzico in accordance with the aforementioned Law and to obtain their express consent for circumstances set out in Article 3 below.
2. The purpose of the processing of user’s personal data:
The personal data of users is processed within the scope of the conditions and purposes set out in Articles 5 and 6 of the Law, which include: the execution of necessary works and respective work processes by business units in order to allow relevant persons to benefit from services offered by iyzico; the carrying out of works by business units that are necessary for the performance of commercial activities of iyzico and the execution of related work processes; the planning and execution of iyzico’s commercial and/or business strategies; ensuring the legal, technical and commercial safety of iyzico and relevant persons having a professional relation with iyzico; and the planning and execution of activities that are necessary to market and offer the services offered by iyzico by personalising such services according to the liking, habits and needs of relevant persons.
3. Personal data to be processed on the basis of explicit consent of users and the purpose of processing:
In circumstances where the conditions for personal data processing set out in Articles 5/2 and 6/3 of the Law are not met, the explicit consent of user’s must be obtained for iyzico to process personal data.
Accordingly, the personal data of users for the purposes of developing campaigns directed at users, cross-selling, identifying a target audience, implementing activities that enhance user experience through tracking users’ movements, developing the operation of iyzico’s website, user panel and mobile application and personalising them according to the needs of users, executing direct and indirect marketing, customised marketing and re-marketing activities, executing customised segmentation, targeting, re-targeting, analysis and inter-corporate reporting activities, planning and executing the sales and marketing processes offered by iyzico including with the intent of planning and executing user satisfaction activities and user relationship management processes, planning and implementing processes of generating and/or increasing loyalty to the services offered by iyzico may only be processed, submitted to third persons and shared with parties set out in this Information and Consent Statement.
4. The transfer of user’s personal data
The personal data of users may be transferred to Company authorities, our affiliates, business partners, suppliers, shareholders, legally authorised public institutions and organisations and private entities pursuant to the personal data processing conditions and purposes set out in Articles 8 and 9 of the Law which include the following: the execution of necessary works by business units in order to allow relevant persons to benefit from the services offered by iyzico and the execution of relevant work processes; the execution of necessary works by business units to perform commercial activities carried out by iyzico and the execution of related work processes; the planning and implementation of iyzico’s commercial and/or business strategies; ensuring the legal, technical and commercial safety of iyzico and relevant persons having a professional relation with iyzico; and the planning and execution of activities that are necessary to market and offer the services offered by iyzico by personalising such services according to the liking, habits and needs of relevant persons.
5. The method and legal purpose of personal data collection:
The personal data of users is collected either electronically or physically in case of iyzico’s request. Personal data collected for legal reasons stipulated above may be processed and transferred for purposes set out in Articles 5 and 6 of the Law and this Information and Consent Statement.
6. The rights of users as data subjects:
Pursuant to Article 11 of the Law, a data subject is entitled to: (i) learn whether or not his or her personal data have been processed, (ii) request information as to processing where his or her data have been processed, (iii) learn the purpose of personal data processing and whether the personal data is used in accordance with such purpose, (iv) know the third parties in the country or abroad to whom personal data have been transferred, (v) request rectification in case personal data have been processed incompletely or inaccurately and request the notification of the operations in this regard to third parties to whom personal data have been transferred, (vi) despite having been processed in accordance with the provisions of the Law or other related regulations, request the erasure or destruction of such personal data in case the reasons necessitating their processing cease to exist and request notification of the operations in this regard to third parties to whom personal data have been transferred, (vii) object against any result that is to his or her detriment occurring from the analysis of personal data exclusively through automated systems, (viii) request compensation in case the data subject incurs any damage due to the unlawful processing of personal data.
iyzico Mobile Application User Agreement
Article 1 - Introduction
This iyzico Mobile Application User Agreement (hereinafter referred as “Agreement”) is made between Customer/User and iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. (hereinafter referred as “iyzico”), resides in Burhaniye Mah. Atilla Sok. No:7 Üsküdar İstanbul.
Customer/Users (defined below) accept, declare and undertake that they will be subject to the provisions of this Agreement and will act suitable, and can be disqualified from use the services in iyzico Mobile Application in accordance with the provisions of iyzico.
Customers accept, declare and undertake that they will be subject to provisions of this Agreement while using iyzico Mobile Application, this Agreement is the annex and indivisible part of Framework E-Money Issuance and Payment Service Agreement (“Framework Agreement”) which is signed or to be signed with customer and provisions of Framework Agreement will be applied in cases where provisions do not exist in this Agreement, they may approve the agreements issued specific to services offered or to be offered by iyzico in scope of iyzico Mobile Application and verify Customer/User Information that presented to iyzico or they may be disqualified from use of these services.
iyzico and Customer/User will be referred separately “Party” and collectively “Parties”.
Article 2 - Definitions
The page developed by iyzico, where the Customer / User enters the identification, delivery, billing address and payment information and displays and approves this Agreement.
Web Site :
The website that carry out commercial activity on internet and used for expose products and services selling by Seller/Supplier and purchasing goods and services by Customer/User
iyzi Ödeme ve Elektronik Para Hizmetleri Anonim Şirketi whose contact information is stated in Article 1 of this Agreement and which is the payment service provider in this Agreement.
iyzico Card Storage:
The application developed and operated by iyzico for the development of electronic commerce, payment, information, financial transaction applications and accelerating card payment transactions
iyzico Mobile Application/Application: It is the application/software which provides the giving of iyzico Mobile Application by iyzico and can be downloaded from application markets which are deemed suitable by iyzico as paid or free and that the all usage rights belong to iyzico.
iyzico Mobile Services: Services of iyzico that are deemed suitable on iyzico Mobile Application by iyzico
Customer / User Bank: The bank that the issued the card that will be used by Customer/User for the payment transactions to be performed under this Agreement
Card: Credit card / debit card / prepaid card open to iyzico Card Storage application given to Customer/User by the bank of Customer/User
Card Information: The sixteen-digit number on the front of the card and the expiration date of the Card
A party to the Agreement which buys the product and/or service it has sold by the Seller/Supplier on Website or other media through iyzico, and who does not have to be the Customer of iyzico and is using the iyzico Mobile Application under the conditions specified in the Agreement
Customer / User Information: Name / surname, ID number, e-mail address, shipping address and invoice address of Customer/User declared to iyzico by Customer/User
Protected Shopping: Protection program for the price of products provided to User/Customer and Seller/Supplier by iyzico for a certain period of time
All online environments other than the Website where the Seller/Supplier sells products and/or services
Mobile Device: Devices such as mobile phones, tablets and PC that benefit from services provided by mobile network
Customer: Customer who use iyzico Mobile Application and customer of payment and electronic money services of iyzico
Instrument of Payment:
Personal instrument such as card, mobile phone and password used by Customer/User in order to give payment order
Payment Transaction :
A series of operations carried out through the Platform to pay for the products or services sold on the Website.
virtual platform developed by iyzico and a software compromise of virtual payment and verification gateway
The natural or legal person who sells products and / or services through the Website or the Media that the fund subject to the Payment Transaction is required to reach.
System Partner :
Technology, bank or financial institution that is cooperated with the platform to process payments.
iyzico Protected Shopping and Card Storage User Agreement concluded with Customer/User
Delivery Date :
The date of receipt of the product purchased by the Customer/User from the Internet Site or the Media.
Personnel authorized by iyzico to support and communicate to the Customer/User about the use of Platform and Protected Shopping
Article 3 - Term
This Agreement shall be deemed to have expired as soon as Customer/User deletes and removes such application from his/her phone, providing that iyzico reserves the authorizations related to termination under the Agreement.
Article 4 - Scope
Following the installation of the iyzico Mobile Application of iyzico on the mobile devices of Customer/User and the necessary activations are made, the terms and conditions for the use of iyzico Mobile Application Services, which are provided or to be provided by iyzico within the application, shall be the subject of this Agreement.
iyzico mediates the payment process during the purchase of the products and/or services that are sold by the Seller/Supplier on the Web Site or the Media. For this reason, iyzico is not the owner or the seller of the products and/or services sold on the Web Site or Media.
iyzico do not declare, guarantee and commit on accuracy, quality, safety of content provided and products and services sold by Seller/Supplier or whether these products and/or services are legal.
The payment transactions related to following purchase and sell are not covered by Protected Shopping:
a) Goods or services whose price change depending on fluctuations in the financial market and which are not controlled by the seller or the supplier. An example: Stocks, precious metals
b) Custom-made products on order in accordance with Customer/User's requests or personal needs. An example: Customized and designed products
c) Products that may be perishable or expired
d) From products that its protective elements such as package, tape, seal and packing is opened to products which the return is not suitable in terms of health and hygiene. An example: Underwear, Cosmetics
e) Products that are mixed with other products after delivery and which can not be separated by nature.
f) Periodicals, such as newspapers and magazines, except those provided under the Subscription Agreement.
g) Services provided for the purpose of accommodation, carrying furniture, renting cars, supplying food and beverages and services provided for the purpose of entertainment, holiday, package tour or leisure
h) Products related to executed service in electronic environment or incorporeal properties delivered immediately to the Customer/User. Example: software, in-game products, e-book
i) Services offered with the Customer/User's approval before the end of the appeal process
j) Sale of real estate and vehicles
k) Gift Card
l) Payments made between the two merchants (purchases for non-personal use)
m) All kinds of service purchase payments
n) Money transfer transactions that do not constitute any product purchases (between individuals or businesses)
o) Sales not covered by the Distance Contracts Regulation (sales carried out by the buyer and the seller face to face)
p) Books, digital content and computer consumables in case the protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
q) Second-hand or antique products
Article 5 - Principles and Conditions of Use of iyzico Mobile Application
a. Installing iyzico Mobile App and Becoming Customer/User
Customer/User agrees to provide/give complete, accurate and up-to-date information/personal data required by iyzico during activation/sign process after installing the iyzico Mobile Application to the Mobile Device with security conditions and specifications specified by iyzico. iyzico has the right require Customer/User to update and verify their information/personal data for continuous use and not to give permission the use of Application without updating/verifying.
User accepts, declares and undertakes that he/she cannot be the Customer of iyzico by installing iyzico Mobile Application to Mobile Device and approving this Agreement, can benefit from Protected Shopping service as limited and in accordance with the decision of iyzico, unless otherwise agreed, he/she cannot benefit from payment and electronic money service of iyzico via iyzico Mobile Application and he/she has to complete verification and Framework Agreement approval processes specific to these service in order to use them.
Customer/User may contact the Authorized Personnel by sending an e-mail to [email protected] in case of any problems such as not being able to load due to some reasons arisen from iyzico during the activation of the iyzico Mobile Application, application cannot be used, etc.
b. Transactions can be Made with iyzico Mobile Application
Shall the Customer/User installs the iyzico Mobile Application to the Mobile Device with the necessary features and completes the activation procedures,
can view Payment Transactions history Payment Transactions made to Sellers/Suppliers and view payment amount, payment date, payment number and delivery address in this scope and Protected Shopping, card storage and cargo information track in case of iyzico has cooperation with relevant cargo company and other transactions may be add by iyzico in future. iyzico does not make any commitment that the Customer/User will perform these transactions without interruption.
iyzico has the right to revise and terminate the services offered to both the Customer and the User within the scope of the application.
Article 6 - Services
Services provided by iyzico briefly are;
a.Payment and E-Money Service
Realization of Payment Transaction and issuance of electronic money of product and/or services on Website or Media sold by “buyer” Seller/Supplier by the use of Instrument of Payment after the “sender” Customer/User completes the order under the Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions Law numbered 6493.
The Payment Transaction will be considered unsuccessful if the payment amount has not been delivered to iyzico by the System Partner even though the payment transaction has been made by the Customer/User.
In the event that there is any doubt or suspicion in the System Partner that a Payment Transaction is made without the information or consent of the card holder, the related Payment Transaction can be canceled by iyzico and the amount paid can be refunded.
Unless Customer approves the Framework Agreement and/or completes necessary identity validation, he/she will not benefit from payment and e-money services via iyzico Mobile Application.
i. The Customer/User pays the product price by the Instrument of Payment after the order of the Seller/Supplier's product. The payment amount is transferred to the protection account by iyzico and the Customer/User and Seller/Supplier are notified in writing of the price of the product deposited into this account.
ii. After the Seller/Supplier sends the product to Customer/User’s address in compliance with the cargo delivery time committed during product listing after the Customer/User makes the payment and provides the post information to Customer/User.
iii. If the Seller/Supplier does not provide the delivery of the product to the Customer/User within the specified period of 30 (days) from the date of the order or with the claim that the product sent by the Customer/User does not have the specified qualifications, or in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, within 3 (three) days from the delivery date, the Customer/User submits the request and request information from the support page in the Protected Shopping e-mail sent by iyzico to him/her.
iv. After the request has been communicated, iyzico keeps the amount equal to payment amount related to the Payment Process subject to the request in the protection account and then contact the Seller/Supplier about the request as soon as possible. In the event that the Seller/Supplier accepts the request or does not make any declarations related to the request or submit documents in 3 (three) business days, the Customer/User is asked to return the purchase and sale product to the Seller/Supplier and share the cargo information with iyzico. If the Product is delivered to the Seller/Supplier and the Seller/Supplier notifies that the product is suitable for return within 3 (three) business days or if the product is delivered to him/her within 3 (three) business days but he/she did not make any declaration, then the payment amount is returned to the Customer/User. Even though the request or demand of the Customer/User is in compliance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, iyzico may decide to transfer the price of the product to the Seller/Supplier with a one-sided decision and to direct the Customer/User to the necessary authorities to exercise their rights in the Law on the Protection of Consumer No. 6502. In such cases, the Customer/User agrees and undertakes that he/she knows and understands that the iyzico does not guarantee any rights to him Protected Shopping and he/she will not any loss indemnization request from iyzico regardless of the name under which. If the subject of the complaint is the delivery of the purchased product, the Seller/Supplier must submit a valid cargo information or certificate within 3 (three) business days after the request is submitted to him/her. Otherwise, the payment amount will be refunded to the Customer/User at the end of this period.
v. If the Seller/Supplier does not accept the Customer/User's request, he / she may submit the cargo delivery minutes, contracts, invoices or other documents that prove that the claim is not justified. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request. If the Customer/User's request for the purchased-sold product is accepted by iyzico, the Customer/User is asked to send the product back to the Seller/Supplier and share the cargo information with iyzico. If the Product is delivered to the Seller/Supplier as specified in paragraph 6.b.iv of this Agreement, the payment amount shall be returned to the Customer/User. If the Seller/Supplier has objection to the product returned by the Customer/User, the Seller/Supplier may submit the documents to iyzico proving that the returned product is not eligible for refund within 3 (three) business days. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request.
vi. In case of any dispute between the Customer/User and the Seller/Supplier, iyzico has the right to keep the product in the protection account until a settlement is reached or a court/arbitral tribunal award is made.
i. In order to complete the necessary transactions within the scope of Card Storage service, the Customer/User must make a successful purchase in the Web Site or in the Media and provide the additional information requested correctly.
ii. The Customer/User Bank may not be able to approve a transaction, the Customer/User may not be able to use Card Storage and complete a certain transaction due to the fact that the Customer/User has not entered the single-use password sent correctly and timely may not be possible. Iyzico does not have any responsibility for the lack of information and transaction in these processes and the failure to complete the payment.
iii. iyzico can keep and process Customer/User Information, Card Information, usage and transaction information of iyzico Card Storage of Customer/User for the purposes of fulfillment of obligations determined by this agreement and to operate statistical evaluations and iyzico Card Storage in periods needed to be fulfillment of these activities and can convey to Seller/Supplier, System Partner and Customer/ User Bank under the conditions specified in this Agreement. Customer/User agrees and declares that the they permit to be stored, processed and sent Customer/User Information and Card Information and to be sent to parties stated in this article.
iv. The Customer / User shall enter the Card Information information regarding the Card within the scope of Card Storage and iyzico will not store any information on the Card other than the Card Information of the Customer/User Card on any of its systems.
v. iyzico can store, process and communicate to business partners anonymization of the transactions performed using Card Storage, in statistical evaluations, performance assesments, in the marketing campaigns of iyzico and its business partners, in the annual reports and similar reports for the realization of these targets.
vi. iyzico may contact the Customer/User through the Customer/User's contact details declared by the Client/User during the Customer/User transactions in order to fulfill its obligations set forth in this Agreement and send messages to Customer/User.
vii. In case of a request from the competent authorities in accordance with the current legislation, iyzico will forward the Customer/User Information, Card Information, and the usage and transaction information that the Customer/User performs in iyzico Card Storage to the relevant authorities.
The acts mentioned below will be clearly deemed violation of the Agreement during the use of iyzico Mobile Application and specially Protected Shopping by Customer/User and Customer/User will not benefit from iyzico services:
i. Violation of legislation, breach of the rights of third parties and/or of this Agreement or its annexes.
ii. Violation of intellectual and/or industrial property rights of third parties, such as copyright, trademark,
iii. Not having the capacity to take legal action (such as being under 18 years of age) or using iyzico services if you are barred from membership,
iv. Claiming deceptive, misleading, false information and documents for a Payment Process under Protected Shopping,
v. Transfer of user account or name without the written consent of iyzico,
vi. Spam, unsolicited or mass electronic communication or sending chaining e-mail,
vii. Distribution or dissemination of viruses or technologies that may harm iyzico or its users,
viii. Damage to the iyzico infrastructure or system, including behavior to disrupt Customer/User profile assessment and similar systems,
ix. Entering iyzico with robot or automatic input methods for any purpose,
x. Collection and storage of e-mail or other personal information of users without prior written approval of Customers/Users,
xi. Re-sale, sharing, distribution, reproduction, processing of any part of any intellectual and / or industrial property subject, (including but not limited to design, text, image, html code and other codes) of iyzico.
xii. The use of the Platform for all kinds of transactions that do not qualify for the sale of products and / or services, but only for the transfer of funds and to conduct behaviors to manipulate the operation of the Platform.
Customer/User declares, accepts and undertakes that iyzico is not a arbitration authority in benefiting of Protected Shopping, Protected Shopping is only valid for the cover arranged in Article 4, there is no chargeback of the request that he/she submitted in scope of Protected Shopping, iyzico can reject the request with unilateral determination, knows that iyzico does not give any commitment or guarantee related to solution of any request or related to refund and cannot claim any compensation from iyzico, its managers or employees in the event of refusal of the request or for any reason whatsoever.
By being a party to this Agreement, the Customer/User accepts to know that iyzico may monitor and process the personal data and the Payment Transactions between the Customer/User and the Seller/Supplier and the contents thereof, and may keep and hide the records related to these contents for ten (10) years in accordance with legal legislation, may transfer to third party service providers abroad correspond to an agreement and may give the relevant authorities in scope of legislation.
Customer/User declares, accepts and undertakes that keeping and processing, sharing with Sellers/Suppliers who are Protected Shopping program members his/her Customer/User Information and Card Information that he/she conveyed to iyzico to payment services and affiliated other services to him/her by iyzico during payment after purchasing product once from Seller/Supplier under Protected Shopping and he/she is informed on this by iyzico.
Article 7 - Intellectual Property
Iyzico logo belongs to iyzico, including all the content created by iyzico on the site, including but not limited to the design of the Platform, Checkout / Cashier Page, image, html code. Customers/Users may not use, share, distribute, exhibit, reproduce, or make derivative works of iyzico's intellectual property rights.
Article 8 - Rights and Obligations of the Parties
a.Customer/User agrees and declares that all information/data he/she provided during signing and use/update of iyzico Mobile Application is complete, true and up-to-date. Customer/User cannot update his login information (Name-Surname-ID Number-Date of Birth, E-mail address, Mobile phone) via iyzico Mobile Application.
b.In case of card storage in iyzico Mobile App, the responsibility of iyzico is limited to the secure storage of the Card/Instrument of Payment information. iyzico is not a party to the Payment Transactions carried out from Seller/Supplier with the Cards/Instrument of Payment added to the iyzico Mobile Application. Customer/User is obliged to direct the problems/requests/objections arising from the transactions in this scope to the issuing bank or the payment institution which is used in the transaction, provided that the Protected Shopping provisions are reserved, and iyzico is not the addressee of such problems/requests/objections.
c.In case of failing to use iyzico Mobile Application for reasons not caused by iyzico or performing operations within the iyzico Mobile Application, including technical defects, Customer/User accepts and undertakes not to demand anything from iyzico and iyzico is not responsible.
d. Customer/User shall take all necessary measures to ensure that the physical storage and system access (Customer / User e-mail, password, etc.) of the Mobile Device used to benefit from iyzico Mobile App related to the security, storage, and the exclusion of third parties, otherwise, he/she accepts all responsibility belong to him/her.
e.. iyzico can update the iyzico Mobile Application and stop serving over previous versions if it deems necessary. On its own initiative, iyzico can shut down the iyzico Mobile Application or any service within the iyzico Mobile Application periodically or indefinitely and/or stop the delivery of one or more services for periodically or indefinitely.
f. Customer/User accept to use iyzico Mobile Application in accordance with the applicable legislation and conditions of this Agreement to prevent to send and use of materials such as virus, spyware, malevolent use, trojan horse etc. which may damage all kinds of devices, hardware and software used by iyzico Mobile Application or iyzico or part of these.
g. In case it is determined that the Customer/User is in violation of the obligations stated in this Agreement and is abusing the iyzico Mobile Application and the services provided under the Application, iyzico has the right to suspend or remove the Customer/User's membership completely from the Application and the Customer/User hereby acknowledges that iyzico and/or the 3rd Party will compensate for any damages that may have arisen or will arise.
h. Customer / User agrees, declares and undertakes to keep update the all software of mobile device which he/she uses the iyzico Mobile Application from (including the operating system) and protect the Mobile Device against unauthorized access with the latest AntiVirus and AntiSpyWare programs and that he/she will pay attention to the security of the Mobile Device in order to prevent the access of persons other than him/her.
I. iyzico shall notify Customer/User of any changes made in the provisions of the Agreement via the Application or via e-mail. The changes will be binding for the Customer/User when they are approved. Customer/User agrees that he/she cannot use the services within the scope of application if he/she does not approve the agreement.
j. Customer/User agrees that iyzico is not responsible for any legal proceedings, inquiries or litigation against iyzico, regarding the products and/or services offered by the Seller/Supplier on the Website or the Media.
k. iyzico has the right to discontinue use of the Platform in the Web site or the Media of the Seller/Supplier. iyzico may use this right without giving any prior notice.
l. In case the Customer/User does not make any requests within 3 (three) days as of the Delivery Date, he/she accepts that iyzico may transfer the product price to the Seller/Provider's account.
Article 9 - Termination
Any of the parties may unilaterally terminate this Agreement and its annexes at any time. In the event of such termination, the parties shall mutually exercise the rights and debts born up to the date of termination.
iyzico may immediately terminate the Agreement unilaterally if the Customer/User breaches this Agreement and its annexes. In this case, the Customer/User acknowledges that he/she is responsible for all damages and losses suffered or to be suffered by iyzico.
Article 10- General Provisions
Neither party shall be liable to the other party for any failure to fulfill or delay of any obligation under this Agreement due to force majeure. Force majeure is an unforeseen and unpredictable event that out of for the reasonable control of the parties. Civil commotion, war, government restrictions and administrative decisions, embargo, implement of the government or an institution, internet speed and outages, natural disaster, storm, fires, accident, sabotage, explosion, terrorist attack, lack of material or consumables, strike and lockout are considered force majeures.
Except for the transfer of iyzico to its own group companies, the parties shall not transfer their rights and obligations arising from this agreement to any third party.
All notifications to Customer/User shall be made to the e-mail address or physical address of the advertisements in electronic environment. In case the Customer/User does not notify any e-mail or address change in writing, the notification to the existing e-mail address or physical address shall be deemed valid.
Customer/User determines his/her awareness preferences about announcements and campaigns made by iyzico by phone, call centers, automatic call machines, e-mail, SMS and surveys to be made about iyzico on Checkout/Cashier page or www.iyzico.com
iyzico may change this agreement at any time by e-mail or by posting updated articles on www.iyzico.com.
iyzico, can change the policies and rules on the www.iyzico.com website periodically. The amendments are effective on the date they are posted on iyzico's website.
Turkish law shall apply in the case of legal disputes arising from the application and interpretation of this Agreement. The Istanbul Anatolian Courts and the Executive Directorates shall be authorized between the Parties in the event of any disputes arising out of the interpretation or application of the provisions of this Agreement.
The parties agree that Platform records, parties' books, records, computer records, e-mails will constitute valid, binding, evidence in disputes arising from this Agreement.
If it is decided by any court or any other competent authority that any provision of this Agreement is wholly or partly invalid or unenforceable, the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
The fact that iyzico does not use any of its rights or uses it late shall not mean that it waives this right.
Article 11 - Informing Text on Processing of Personal Data
a.Data Responsible and Representative
In accordance with the Law No. 6698 on the Protection of Personal Data “Law No. 6698”), your personal data may be processed by iyzico as the data responsible, as described below.
b. For what purpose of personal data to be processed
Your collected personal data shall be processed in accordance with the conditions stated in Articles 5 and 6 of Law No 6698 in scope of providing Protected Shopping and Card Storage service by iyzico in order to conduct necessary works by our work units make you benefit from products and services offered by iyzico; supplying legal, technical and commercial-business safety of iyzico and related persons who have business relations with iyzico, sharing with Protected Shopping program member Customers in order to provide effectively of Protected Shopping service and necessary planning and executing activities for suggesting and introducing offered products and services by Company by customizing to taste, use, habits and needs of persons.
c.To who and for which purpose personal data can be transferred
ç.The Method and Legal Reason of Collecting Personal Data
Your personal data is collected by iyzico in physical and electronic form from the website and other sources for the arrangement and execution of the contract to be arranged with you and in accordance with your express consent. Your personal data collected for these legal reasons may be processed and transferred for the purposes specified in Articles 11 (b) and 11 (c) in accordance with the personal data processing requirements and purposes set out in Articles 5 and 6 of the Law No. 6698.
d.Personal Data Holder's Rights Stated in Article 11 of Law No. 6698
If you submit your requests for personal rights as the personal data owners by the methods set out in the Data Owner Application Form, iyzico shall conclude the request free of charge within thirty days at the latest. However, if the transaction requires an additional cost, iyzico shall charge at the tariff determined by the Personal Data Protection Board. In this context, personal data owners have rights to;
• learn whether personal data has been processed,
• request personal information if personal data is processed,
• learn the purpose of processing personal data and whether they are used appropriately,
• know the third parties in which personal data is transferred at home or abroad,
• Request the correction of personal data in case of incomplete or incorrect processing, and request that the transaction made in this scope be notified to third parties where personal data is transferred,
• Although it has been processed in accordance with the Law No. 6698 and other relevant provisions of the law, request the deletion or destruction of the personal data in case the reasons requiring the processing of the data to be eliminated and request that the transaction made in this scope be notified to the third parties where the personal data is transferred.
• Object to the emergence of a result against the individual by analyzing the processed data exclusively through automatic systems,
• Demand the loss, if there is loss due to the unlawful processing of personal data
Article 12 - Applicable Law and Competent Court
The parties accept, declare and undertake that the Turkish Law Rules will be applied in all disputes arising from this agreement and that the Istanbul Anatolian Court and Execution Offices are also authorized to resolve the disputes.
Article 13 - Annexes
The Customer/User agrees that the rules and policies published on the iyzico website are an annex and integral part of this agreement. The Customer / User agrees to read and understand the following rules.
Framework E-Money Issuance And Payment Service Agreement
This Framework E-Money Issuance and Payment Service Agreement ("Agreement") has been concluded between iyzico and User defined below.
This Agreement shall come into force upon acceptance by the User online and the User acknowledges, declares and undertakes that the use of iyzi electronic money and payment services is subject to the terms and conditions set forth in this Agreement and its annexes.
iyzico Contact Information:
Address: Burhaniye Mah. Atilla Sk. No:7 Üsküdar İstanbul
Phone Number: 0216 599 01 00
Web site: www.iyzico.co
E-mail address: [email protected]
iyzico shall notify the user by e-mail and / or other electronic communication means thirty days prior to the entry into force of any amendment in accordance with the relevant legislation and publish the renewed agreement on the website.
Within the scope of this Agreement, iyzico and the User shall be severally referred to as "the Party" and jointly "Parties".
Buyer: Refers to the natural or legal person who is required to reach the payment service.
Bank: Central Bank of The Turkish Republic
Electronic Money: Monetary value that is taken from user in return of funds by iyzico, electronically stored, accepted by other nature or legal persons other than iyzico and used to perform the payment transactions defined in the Law.
Fund: Banknote, coin, bank money or electronic money.
Converting into Fund: Converting electronic money into banknotes, coins or cash.
Sender: A natural or legal person who gives a payment order without from its payment account or without payment account.
Sensitive Payment Data: Personal security information of Instrument Of Payment such as password, security question, certificate, encryption key, PIN, card number, expiration date, CVV2 CVC2 which are used in Payment Order or identity authentication and in case of capture or change, it can cause to fraud or fictitious transactions.
Business Day: Monday, Tuesday, Wednesday, Thursday and Friday except for official holidays.
Law: Payment and Securities Agreement Systems, Payment Services and Electronic Money Institutions Law numbered 6493.
Personal safety information: Information that determine instrument of payment and instrument of payment’s user’s identity such as the password, expiration date, security number that can be used when performing transactions with the instrument of payment
Protected Shopping: Protection program for the price of products provided to User and Customer by iyzico for a certain period of time
Institution: Banking Regulation and Supervision Agency, BRSA
User: refers to iyzico customers who purchase and the electronic money issued by iyzico and who use the issued electronic money for the purchase of goods or services or for sending money from the Payment Account, or who benefit only payment services without loading Electronic money
MFFCIB: The Ministry of Finance Financial Crimes Investigation Board
Media: Online or offline medias where Buyer sells products and/or services
Legislation: Law of Relevant secondary regulations issued based on the Law.
Instrument of Payment: Personal instrument such as card, mobile phone and password used by User in order to give Payment Order
Payment Order: It is the instruction given by the user for the realization of payment process.
Payment Account: It is the account that is opened on behalf of the user in iyzico and used for the providing of payment services.
Payment Service: The payment services offered by iyzico in accordance with the Law and related secondary legislation.
iyzico: iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş.
3. SUBJECT AND SCOPE OF THE AGREEMENT
This Agreement is concluded to regulate the conditions for the Users to benefit from Electronic Money and Payment Services provided by iyzico within the scope of the activity permit obtain from the Authority under the Law and to regulate the rights and obligations of the Parties within this scope.
The use of iyzico services by the users is subject to the condition that the Agreement with iyzico and conclusion of annexes which are integral part of the Agreement, and to give the Payment Order by means of the Instrument of Payment while the Users benefit from the continuous payment services. Before the conclusion of the contract and also within the effective period of this Agreement, iyzico shall have the authority to obtain and finalize the applications for payment by the Users, as determined by iyzico.
5. INFORMATION MUST BE PROVIDED BY USER
For the realization of the payment transactions, the users shall fill in the information determined by the Regulations and Disclosure regarding the prevention of laundering of crime revenues and Financing of Terrorizm, depending on the amount of transactions required to be performed by the Users, on the iyzico management interface or mobile application. In this context, the User shall specify the information which may be known by the User by entering the data manually in the relevant fields according to the payment service utilized. If the information is verified by iyzico, the user will be able to benefit from the services.iyzico reserves the right to refuse to provide services unilaterally in cases where verification of the information cannot be provided or in the other matters referred to in this Agreement.
6. iyzico ELECTRONIC MONEY ISSUANCE AND USAGE REGULATIONS
6.1 By User
a. via Instrument of Payment on iyzico web interface or via transfer/EFT on bank account or
b. via Instrument of Payment or transfer/EFT from bank account of Buyer in scope of Protected Shopping on payment page on Media or
In the case of the request for electronic money issuance, iyzico shall issue the Electronic Money to the User by the funds trasnmitted by the User. iyzico will send the receipt to the User in electronic form showing the amount of the funds received in return for the Electronic Money.
6.2.In the event that the User is entitled to a refund for a product he/she buys under Protected Shopping, regardless of whether he/she has made the purchase with Instrument of Payment or Electronic Money, iyzico accepts the amount of Electronic Money issued by the Buyer until the amount returned by the Buyer will be available in the account of iyzico.
iyzico, is obliged to make the transactions at the request of the User related to the repayment of the funds equal to the amount of the Electronic Money, in any case within two working days at the latest provided that authorities and obligations given by Regulation and other laws are hidden. Repayment is realized by converting the Electronic Money into the fund.
6.4 The User may request a partial or total conversion of the Electronic Money into the fund at any time. iyzico, as far as the User does not have any other rights or obligations under the Legislation, shall carry out the procedures for the repayment of funds equivalent of the Electronic Money. Charges for repayment are set out in Annex-1.
6.5 iyzico pays the funds that are equivalent to the Electronic Money only to the bank accounts of the users in the system. In order for payment to be made, the user's bank account must be approved and the authentication information requested by iyzico must be provided by the user.
6.6 iyzico users will only be able to request payments to bank accounts which are belong to themselves for security reasons. iyzico is not responsible for the delays caused by the banks used as intermediaries in these payments.
6.7 In the event of a repayment or refund in respect of transactions made using the Electronic Money, as set out in section (9) of this Agreement, the User agrees that the relevant repayment or refund will be made in Electronic Money.
6.6 The credit card or debit card information used by the user when paying to iyzico within the scope of Electronic Money or Payment Service will be stored in iyzico's PCI-DSS Level 1 security-compliant system, with this card information stored, the User can then perform the payment process or delete the stored card information from the management interface or mobile application.iyzico will be able to specify additional security steps in order to verify the User during card storage or payment by using a card.
7. REGULATIONS ON SECURE PAYMENTS TO BE MADE BY USER BY BANK/ CREDIT CARD ON iyzico
7.1 Within the scope of this Agreement, the User may benefit from the secure payment services offered by iyzico by the bank/credit cards defined to iyzico account.
7.2 The user shall define the bank/credit card he/she would like to use to benefit from the services mentioned in the first paragraph of Article 7 to the iyzico account.
7.3 The bank / credit cards to be defined to the iyzico account must be a card issued on behalf of the iyzico account holder apart from exceptions under the transaction limits set by MFFCIB.
7.4 The user agrees in advance that a one-time 1 TL may be withdrawn for the verification from the bank / credit card defined by iyzico, provided that immediately return of it.
7.5 After this transaction, the amount of the payment is withdrawn from the User's bank/credit card and the Electronic Money is issued.
7.6 In this way, the user uses the amount converted to Electronic Money to purchase the relevant goods and/or services.
8. RIGHTS AND OBLIGATIONS:
RIGHTS AND OBLIGATIONS FOR PAYMENT SERVICE
8.1 The User may benefit from the Payment Service via the iyzico account to be created in iyzico together with the conclusion of this Agreement and the payment transactions will be performed with username, password information and other validation methods.
8.2 The User agrees that the Payment Order cannot be withdrawn as soon as the Payment Order reaches iyzico. If the Payment Order reaches any Business Day after 17:00, the next Business Day will be deemed to have been received.
8.3 Within the scope of the Payment Service, iyzico undertakes to transfer to the Buyer the prices communicated to him/her by the User following the completion of the below mentioned approval processes.
8.4 Within the scope of the Agreement, iyzico is responsible for the transfer of the Buyer's account in iyzico within 2 (two) Business Days following the date of the Payment Order made by the User.If iyzico does not fulfill this responsibility, it will return the unrealized or incorrect part of the payment transaction to the iyzico account of the User without delay.
8.5 The user will be responsible for maintaining the iyzico account (including the relevant username and password), the Instrument of Payment and the Precision Payment Data, and will not share it with third parties. In the event of loss, theft or unauthorized use of such information or the Instrument of Payment, the User is obliged to immediately report it in accordance with Article 11.
8.6 iyzi has the right to set limits for the transactions to be performed on its services. The user agrees that he/she is bound by the transaction limits set by iyzi and cannot execute transaction above these limits. iyzico will be able to update the transaction limits at any time by making a notification in accordance with the methods and times specified in the Contract.
8.7 The following information regarding the payment transactions performed within the scope of service shall be displayed by the User in the iyzico mobile application / management interface:
a. Reference information of payment transaction and information of User
b. Amount of payment transaction in the currency in which the user's payment account is debited or in the currency specified in the payment order
c. Scheme of total fees paid / to be paid by the User for the payment transaction
d. Exchange rate information applied in the payment transaction, if any, and the amount of the payment transaction calculated using this exchange rate
e. Information on the date when the Payment Order was received or the User's account was debited
8.8 It is not possible to apply interest to the accounts held by iyzico in accordance with the Law and to give credit to individuals and the User agrees and declares that they will not have any requests from iyzico in this scope.
8.9 The delivery of goods and / or services indefectibly, including mandatory documents such as the relevant invoice, delivery note, warranty certificate, user manual, shall be under the responsibility of the Buyer, provided that the following Preserved Shopping provisions are reserved. The user shall accept that there is no responsibility of iyzico related to goods or services purchased with iyzico, ethicalness and legal conformity of good and service and providing or delivering completely, presenting mandatory documents such as invoice, dispatch note, warranty to User are under the Buyer’s responsibility and iyzico is not liable for these. User agrees that iyzico is not a party in any dispute between him/her and Buyer. The user shall be able to submit any legal and contractual claims such as defective goods claim related to goods or services directly to the Buyer, irrespective of the rights in the scope of Protected Shopping and will not make any claim from iyzico in this respect.
8.10 The user cannot use iyzico's services with the unlawful and immoral purposes for the purpose of supplying goods or services that may be used in this way or which are directly against the law or morality.
8.11 iyzico reserves the right to change this Agreement and the Terms of Service at any time without notice. In the event that such amendments (either by iyzico or by law and other relevant legislation) result in a change in the terms of this Agreement, the User shall be notified of the extent of the change and the right of termination of the User prior to the entry into force of such change. The User may terminate the Agreement at no charge if the User does not agree to such change. If the User does not use the right of cancellation within 30 (thirty) days, the change shall be deemed to have been accepted. In this context, the user cannot make any requests from iyzico.
8.11 The user agrees and declares that the information related to all transactions carried out within the scope of this Agreement can be shared with the relevant institutions by iyzico and/or can be processed and used by iyzico with anonymizing.
RIGHTS AND OBLIGATIONS FOR THE PROTECTED SHOPPING
8.12 Preserved Shopping service shall be provided by iyzico to the User acting as a consumer under the following terms and conditions:
a. The user pays the product price via iyzico after the buyer has ordered the product offered to the buyer. The payment amount is transferred to the protection account by iyzico and the User and Buyer are notified of the price of the product deposited into this account.
b. After the User makes payment, the Buyer sends the product to the User's address and provides the shipping information to the User in accordance with the cargo delivery time he/she has committed during the listing.
c. If the buyer does not provide the delivery of the product to the User within the specified period of 30 (days) from the date of the order or with the claim that the product sent by the User does not have the specified qualifications, or in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, within 3 (three) days from the delivery date, the User submits the request and request information from the support page in the Protected Shopping e-mail sent by iyzico to him/her.
d. After the complaint has been communicated, iyzico keeps the amount equal to payment amount related to the Payment Process subject to the request in the protection account and then contact the Buyer about the request as soon as possible. In the event that the Buyer accepts the request or does not make any declarations related to the request or submit documents in 3 (3) business days, the User is asked to return the purchase and sale product to the Buyer and share the cargo information with iyzico. If the Product is delivered to the Buyer and the Buyer notifies that the product is suitable for return within 3 (three) business days or if the product is delivered to him/her within 3 (three) business days but he/she did not make any declaration, then the payment amount is returned to the User. Even though the request or demand of the user is in compliance with the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, iyzico may decide to transfer the price of the product to the Purchaser with a one-sided decision and to direct the User to the necessary authorities to exercise their rights in the Law on the Protection of Consumer No. 6502. In such cases, the User agrees and undertakes that he/she knows and understands that the iyzico does not guarantee any rights to him Protected Shopping and he/she will not any loss indemnization request from iyzico regardless of the name under which. If the subject of the complaint is the delivery of the purchased product, the Buyer must submit a valid cargo information or certificate within 3 (three) business days after the request is submitted to him/her. Otherwise, the payment amount will be refunded to the User at the end of this period.
e. If the Buyer does not accept the User's request, he / she may submit the cargo delivery minutes, contracts, invoices or other documents that prove that the claim is not justified. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request. If the User's request for the purchased-sold product is accepted by iyzico, the User is asked to send the product back to the Buyer and share the cargo information with iyzico. If the Product is delivered to the Buyer as specified in paragraph 8.12.d of this Agreement, the payment amount shall be returned to the User. If the Buyer has objection to the product returned by the User, the Buyer may submit the documents to iyzico proving that the returned product is not eligible for refund within 3 (three) business days. After the documents have been received, iyzico makes a final decision in 7 (seven) business days as the rejection of the request or the acceptance of the request.
f. In case of any dispute between the User and the Buyer, iyzico has the right to keep the product in the protection account until a settlement is reached or a court/arbitral tribunal award is made.
8.13 The payment transactions related to following purchase and sell are not covered by Protected Shopping:
a. Goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the Buyer. An example: Stocks, precious metals
b. Custom-made products on order in accordance with user's requests or personal needs. An example: Customized and designed products
c. Products that may be perishable or expired
d. From products that its protective elements such as package, tape, seal and packing is opened to products which the return is not suitable in terms of health and hygiene. An example: Underwear, Cosmetics
e. Products that are mixed with other products after delivery and which can not be separated by nature.
f. Periodicals, such as newspapers and magazines, except those provided under the Subscription Agreement.
g. Services provided for the purpose of accommodation, carrying furniture, renting cars, supplying food and beverages and services provided for the purpose of entertainment, holiday, package tour or leisure
h. Products related to executed service in electronic environment or incorporeal properties delivered immediately to the User. Example: software, in-game products, e-book
i. Services offered with the User's approval before the end of the appeal process
j. Sale of real estate and vehicles
k. Gift Card
l. Payments made between the two merchants or payments made by User as a legal entity (purchases for non-personal use)
m. All kinds of service purchase payments
n. Money transfer transactions that do not constitute any product purchases (between individuals or businesses)
o. Sales not covered by the Distance Contracts Regulation (sales carried out by the buyer and the seller face to face)
p. Books, digital content and computer consumables in case the protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
q. Second-hand or antique products
8.14 User declares, accepts and undertakes that iyzico is not a arbitration authority in benefiting of Protected Shopping, Protected Shopping is only valid for the cover arranged in this Agreement, there is no chargeback or judicial remedy of the request that he/she submitted in scope of Protected Shopping, iyzico can reject the request with unilateral determination, knows that iyzico does not give any commitment or guarantee related to solution of any request or related to refund and cannot claim any compensation from iyzico, its managers or employees in the event of refusal of the request or for any reason whatsoever.
9. REFUND WITH INCORRECT AND UNAUTHORIZED TRANSACTIONS
9.1 Incorrect and Unauthorized Transactions
a. The user may immediately and howsoever request a correction by giving unauthorized or erroneous transaction notice within 13 (thirteen) months following the payment transaction. If the request of the user is deemed to be appropriate, the transaction price will not be transferred to the Purchaser and will be returned directly to the User by iyzico, if the transaction fee was transferred to the Buyer at the time of notification, iyzico shall transfer the relevant amounts to the User by requesting a refund from the Buyer.
b) If the User do not fulfill the obligation of notification arranged in Article 8.5 in case of his/her Instrument of Payment is used by others due to loss or stolen Instrument of Payment is used or personal security information could not be stored properly, User shall be responsible one hundred and fifty Turkish Lira of the unauthorized transaction, if such notification is used, User shall not be responsible.
c. iyzico reserves the right to reject the payment in case of fraudulent transaction suspected by examining the User's authorization if a justifiable conclusion occurs about the existence of the unauthorized transaction (the person using any Instrument of Payment is not authorized person or the person who has no information to perform the transaction).
d) The User shall be liable for all damages resulting from unauthorized transaction if the User is fraudulently used the Instrument of Payment and does not fulfill the obligations of notification in 7.6 intentionally or gross negligence.
9.2 Failure or Erroneous perform the Payment Transaction
a. iyzico is responsible to the User for the correct execution of the User's Payment Order. iyzico cannot be held responsible for the failure to payment properly if the Buyer proves that the payment service provider has received the payment amount.
b. iyzico will return the unrealized or incorrect part of the Payment Transaction to the User without delay and will restore the Payment Account if the amount has been deducted from the Payment Account.
c. In the payments received on behalf of the user, iyzico makes the payment transaction amount available to the User's account immediately.
d) When the Payment Order is issued over the Buyer or by the Buyer who is the User, iyzico is responsible to the Buyer for the Sending of the Payment Order to the Sender‘s payment service provider. iyzico is obliged to transfer this amount to the Buyer's payment account and make it ready for use until the end of the working day of the payment transaction amount to the Buyer's payment account.
e. When the Buyer's payment service provider is iyzico, iyzico immediately transfers the amount of the payment transaction to the Buyer's account and makes it ready for use. iyzico cannot be held responsible for the failure to properly process the Payment Order if the Sender proves that it is correctly sent to the payment service provider. iyzico will determine the payment transaction that is not realized or misrepresented if requested and inform the Buyer of the result.
10. CLOSING THE INSTRUMENT OF PAYMENT TO USE
iyzico closes the instrument of payment to use in cases of suspected fraudulent or unauthorized use of it and informs the User about the reason of the closure except in cases of there are provisions that prevent to give information in other laws and objective reasons that threating the security.
11. NOTICE OF COMPLAINTS AND SOLUTION
The user can apply to services provided by iyzico with the name-surname information and the user number of the iyzico Account as specified below. All complaints and objections regarding the issues covered by the Agreement may be conveyed by contacting the Call Center at 0216 599 01 00 or I [email protected] e-mail address of iyzico.iyzico will inform the User of these complaints within 20 days at the latest.
12. PAYMENT CURRENCY
The services offered to Users by iyzico and subject to the continuous payment relationships listed in this Agreement may be realized in all currencies processed by the BANK. In this context, the regulations stipulated in Decree No. 32 of Protection of Turkish Currency, which is put into effect by the Council of Ministers Decree No. 89/14392, dated 07/08/1989, on the currencies used by the users to perform the payment services are essential. Information shall be given regarding the exchange rate or reference exchange rate or reference exchange rate calculation method to be applied in relation to payment services. Changes in the reference exchange rate will be effective immediately. Changes in the reference exchange rate in favor of the user are immediately applied without notice.
13.1 Fees that the User has to pay to iyzico regarding the services provided under this Agreement are included in the Fee Information List included in ANNEX-1 and which is the annex and integral part of this Agreement.
13.2 iyzico may change/increase the fees to be charged for products and services and transactions on a one-sided basis in accordance with the amendment principle in the relevant legislation.
14. INTELLECTUAL PROPERTY
“iyzico.com”, “iyzico”, “iyzico protected shopping”, “protected shopping” and all other URLs, logos and trademarks related to iyzico Services are registered trademarks of iyzico. The user may not copy, imitate or use them without the prior written consent of iyzico. In addition, all page headers, custom graphics, button icons, and articles are the service marks, trademarks and / or commercial presentation style of iyzico. The user may not copy, imitate or use them without the prior written consent of iyzico.All rights, titles and interests on the iyzico website and related to the iyzico website, any content herein, iyzico Services, technology related to iyzico Services, and any technology or all technologies and content generated or derived from the above, are the exclusive property of iyzico.
15. PROTECTION OF PERSONAL DATA OF USER
User accepts, declares and undertakes by reading and understanding this Agreement that miscellaneous forms that he/she filled in website, payment form, workplace, office of iyzico and representatives of iyzico, if any, communication forms electronically filled, written and verbal communication made with iyzico or approved on online channels including this Agreement, all kinds of information and electronic mail, fax and letters sent to iyzico on electronic mail system, the information and documents shared with iyzico by phone channel or directly meetings, all personal data shared in written, verbal or electronic way, including but not limited to this, all personal data transferred to iyzico are collected by iyzico in accordance with the latest form of iyzico Privacy and Personal Data, published on https://www.iyzico.com/gizlilik-politikasi/, partly or wholly by automatic or nonautomatic methods in accordance with the Articles 1 and 2 of Privacy Act (“PA”), and can be processed in the direction of conditions of processing personal data stated in Articles 5 and 6 of PA to perform payment services and business activities, to develop and diversify the products and services, to market and advertize the products and services, to carry out necessary works to relevant people to benefit from these activities, to inform about products and services, to measure the satisfaction of users about products and services, to manage their demands and complaints, to make necessary quality and standard supervision, to plan, supervise and/or perform information security processes, to plan and/or perform business continuity activities, to follow finance, accounting and billing process, to ensure the data are accurate and update, to provide the security of company operations, to provide legal, technical or commercial business security of natural and legal persons who have business relationship with iyzico, to fulfill legal obligations, to fulfill necessities of policy and procedures of Company.
User accepts, declares and undertakes by reading and understanding this Agreement that processing, transferring and storing of identity, communication, user transaction, security of transaction, risk management, legal transaction and compliance, physical space, security, marketing information and all other personal data for the purposes mentioned above, and sharing and transferring the collected data including the purposes mentioned above but not limited this, to subsidiaries, shareholders, business partners, suppliers, auditors, service providers of iyzico, public institutions authorized by law and private institutions, professional organizations and similar organizations, supervisory and regulatory authorities, natural persons that is allowed by legislation provisions and other persons and institutions in frame of conditions and purposes of transferring personal data stated in Articles 8 and 9 of PA.
16. FAILURE AND DAMAGE RESPONSIBILITY
iyzico shall be solely responsible for the damages arising from the breach of its obligations arising from this Agreement and shall not be liable for any damages caused by the third party or the User without defect of iyzico.
iyzico shall not be liable for any delays caused by unforeseeable or unpredictable circumstances, failure to realizing the payment transaction or failure or consequential error in the payment transaction except for its fault and damages arising from these.
17. TERM AND TERMINATION OF THE AGREEMENT
17.1 This Agreement shall enter into force upon approval by the User as specified in Article 1 and shall remain in force unless terminated in accordance with the Agreement.
17.2 This Agreement can be terminate at any time without giving any compensation and without showing any reason if given notice by iyzico, before 2 months and by User, before 1 month.
17.3 In case of violation of the contractual obligations of the Parties and in case the related violation is not corrected within 1 (one) week despite the written request submitted by the other Party for the correction of the violation, this Agreement may be terminated immediately by the sending notice in writing by the Party without paying compensation.
17.4 If the User is found to be using the Service for any unlawful or unethical use or providing unlawful or unethical goods or services, this Agreement may be terminated immediately by iyzico without any compensation.
17.5 If iyzico's activity permit within the scope of the Law is terminated for any reason, this Agreement will be terminated in accordance with the notification made by iyzico without giving any compensation obligation to iyzico.
17.6 iyzico may suspend the services offered to the User under the Agreement in cases of fraudulent or unauthorized use, and may close the Instrument of Payment if it is provided to the User. In this case, iyzico will inform the User (except in cases of there are provisions that prevent to give information in other laws and objective reasons that threating the security.), and will re-release the Services and the Instrument of Payment when the reason for the suspension has been removed. iyzico may also suspend the Service in case of violation of the Agreement by the User until the violation has been removed.
18. PRIVACY AND INFORMATION SECURITY
The parties declare and undertake that they will persistently keep confidential and hide the all information to be provided by other Party, will not use for any other purpose except the stated in Agreement and will not disclose these information to third parties without written consent of relevant Party taking into consideration that these information are confidential. In case of disclosure, the right to compensation of all material and moral rights is reserved. The provision of confidentiality shall be independent commitment from the Agreement and shall remain in force after the expiry of this Agreement for any reason.
19. FORCE MAJEURE
Human and natural disasters, warfare, mobilization, fire, strikes, lockouts and etc. and other situations appearing outside the control of the Parties that occur and are in a way to stop the work of the Parties or a single Party partially or completely, temporarily or permanently, at the time of signature of this Agreement are deemed force majeures. The Party who exposed to force majeure shall immediately notify the other Party in writing and the acts of the Parties shall be suspended during the period of force majeure. When force majeure is eliminated, the Agreement shall resume. In case the force majeure condition lasts longer than 1 (one) month, the Party whose rights are violated may terminate this Agreement without compensation.
20.1 In the event of disputes arising out of this Agreement, the Istanbul Anatolian Courts and Execution Offices shall be authorized.
20.2 The User may not transfer or assign the rights and obligations arising from the Agreement to the third parties without the written consent of iyzico.
20.3 In any dispute related to the transactions and Service in the scope of this Agreement, the electronic and system records, commercial records, bookkeeping records, microfilms, microfiche and computer records kept by iyzico in its own database and on its servers shall constitute evidence, the Parties agree that this Article constitutes a evidence agreement in the sense of Article 193 of the Code of Civil Procedure.
20.4 The address specified by iyzico under this Agreement and the address specified by the User at the time of signing shall be the legal notification addresses of the Parties and the notifications made to these addresses shall be deemed valid unless any address change is notified in writing to the other Party. Unless otherwise specified in the applicable legislation, all notifications under this Agreement may be made in writing or electronically. iyzico will make notifications to the User under this Agreement through e-mail to be forwarded to the address specified by the User at the time specified in the Agreement.
20.5 The fact that other party made nothing despite the violation of any provision of this Agreement by the party does not mean other party waived the rights and other Party has right to use the rights arising from Agreement in case of following violation of the Party. The failure to use or delay the exercise of any right arising from this Agreement in the period of use by the relevant Party shall not constitute a waiver of the right by the beneficiary Party.
20.6 The partial or total invalidation of one or more of the non-essential provisions of this Agreement shall not affect the validity of the remaining provisions of the Agreement.
21. EFFECTIVENESS OF THE AGREEMENT
This Agreement consists of 11 pages, 21 articles and ANNEX-1, and has entered into force on the date of electronic approval of the Parties.
ANNEX-1 FEE INFORMATION LIST
Transaction Fee Explanation Loading Money By Bank Transfer Free Loading Money Transactions from the user's bank accounts to the iyzico Electronic Money account. Loading Money By a Credit or Debit Card Free Payment Transactions from the user's credit or debit cards to send the iyzico Electronic Money account. Money Transfer between iyzico Accounts Free Transfer money from the user's iyzico Electronic Money account to other iyzico users' Electronic Money accounts. Withdrawing Money By Bank Transfer Free Taxes are included.