TERMS OF USE

Dear User, welcome to http://www.monochrome.com.tr, the official website of SOYA RESTORAN İŞLETMECİLİĞİ VE TİC. A.Ş. (hereinafter referred to as “Monochrome”), a subsidiary of Doğuş Holding A.Ş. affiliate Nahita Restoran İşletmeciliği ve Yatırım A.Ş .

 These “Terms of Use” regulate the use of website and conditions for delivery of information and services on our website to our esteemed users.

TERMS OF USE, ACCESS, LIMITATION OF RISK AND RESPONSIBILITIES, IP ADDRESSES AND COOKIES

1. Monochrome is the owner of the website (http://www.monochrome.com.tr) and all documents thereon. These documents may not be copied or reproduced unless when it is necessary for the online system. Regardless of the above-stated limitation, pages from the website can be printed for personal use. Despite the above-listed general rule, Monochrome may grant users to download wallpapers, screensavers and other programs from the website. The user shall assume all legal liabilities that may arise from any type of use of documents available on the website that may violate intellectual and industrial property rights.

2. Any links to the website must be directed to the homepage of http://www.monochrome.com.tr [http://www.monochrome.com.tr]  

3. Monochrome takes necessary measures to the best of its ability to make sure that the website is free from viruses or other forms of malware; however, users, nevertheless, are responsible for ensuring their safety through the use of anti-virus software on their devices. Accordingly, users shall assume liability for any errors and direct or indirect outcomes thereof that may emerge in their software and operation systems after visiting http://www.monochrome.com.tr.

4. Any and all price, information, image, statement and news (“information” in short) available on the website (http://www.monochrome.com.tr) are strictly for promotional and informational purposes. Under no circumstances shall the user claim damages on the grounds that the information provided on this website is erroneous or harmful. The user accepts that he or she shall be responsible for contacting Monochrome directly when in need of definite and accurate information, and that Monochrome shall not be held liable for any damages due to outdated information on the website.

5. Monochrome, at its sole discretion, can change the website content, modify or cancel services offered to users and delete user information and data stored on the http://www.monochrome.com.tr/ website. Despite having taken every measure to create an error-free website, Monochrome does not provide any warranty against existing or potential errors likely to occur in the future.

6. Any service fee quoted on http://www.monochrome.com.tr  shall only be valid on the last update date. We kindly request you to contact Monochrome to receive the most accurate information about services and reservations. As such, Monochrome states that, unless stated otherwise, the information on its website constitutes neither a quote for services nor a commitment for Monochrome.

7. Monochrome reserves the right to investigate a user’s credentials and disclose them to legal authorities in the event of an official complaint or formal investigation by public authorities against the user in question and/or after identifying an electronic sabotage or attack by the user in question targeting Monochrome’s systems or operations.

Monochrome shall be responsible for ensuring the security of its website as well as its subsites and other information systems. It is illegal to scan for vulnerabilities on websites or other information technology systems, be it for business purposes, in good faith, or for any other reason, or to exploit such vulnerabilities for disrupting systems, leaking information, or performing similar acts of harmful nature. Persons committing such acts may face sanctions pursuant to the Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications. Should such attempts take place, Monochrome reserves the right to take legal action by providing information on the type and time of the attack as well as data collected on the attacker within the scope of the law, and to seek penalty on the perpetrators, including indemnification and imprisonment.

8. In some cases, the website may collect non-personal data, such as the browser type, operating system, and name of the domain or ad that directed to the website.

9. The website may transfer a small data file onto your computer upon visiting. This data file is a cookie or another similar type of file, and it is helpful for several purposes. In addition, your preferences as you navigate the site are tracked in order to provide you with a better internet experience. For instance, cookies enable us to tailor our website and ads to your interests and preferences. Almost every web browser offers the option to block and delete cookies, or inform the user when a cookie is sent to the user’s computer. For further information, please check out your web browser’s help menu and terms of use.

10. Points of Consideration as per the Law No. 5846 on Intellectual and Artistic Works, and Law No. 5651 Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications

Users accept that the website may include links to other websites or content over which Monochrome has no responsibility for ensuring control, accuracy or adequacy; nor does Monochrome promote said websites in any way or guarantee the accuracy of the information they contain or by any means assume liability in any shape or form for their content; that Monochrome or any of its group companies or employees, executives, or persons or entities it has authorized shall not have any legal or criminal obligation for the use of these websites and/or their content by users, or due to the consequences of decisions users may take based on such content, or due to the pecuniary and non-pecuniary damages, or any damages or expenses resulting from not reading the terms of use of the website or from reading but not complying with them; and that Monochrome shall not guarantee the accuracy and/or adequacy of the information provided on the website.

Users accept that the website may contain text, information, comment, opinion, article, visual, picture, shape, graph, and other materials owned by Monochrome or any third party; that Monochrome has all legal rights as stipulated by the Law on Intellectual and Artistic Works related to these materials; and that these content may not be copied, modified, reproduced, published, sold, used, or altered without Monochrome’s explicit permission.

All logos, trademarks and corporate symbols on this website are protected by the Decree-Law No. 556 Pertaining to the Protection of Trademarks in Force. Reproduction or use of the logos is strictly forbidden. Users accept that Monochrome or any of its group companies or employees, executives, or persons or entities it has authorized shall not have any legal or criminal obligation for the use of Monochrome’s logo or website content by any other website in any way, or the use of information generated in conclusion of content uploaded on the website by third parties or guests, or for any content that does not arise any liability in the course of general use of the internet.

11. Monochrome has the right to revise, amend or cancel any article of the “Terms of Use” of the website ( http://www.monochrome.com.tr ), without prior notification. Any changes to provisions shall be effective for all users on the date they are posted on the website.

PRIVACY / PERSONAL DATA PROTECTION POLICY

This “Privacy/Personal Data Protection Policy” sets out our personal data policy with regard to services delivered by the official website of SOYA RESTORAN İŞLETMECİLİĞİ VE TİC. A.Ş. (hereinafter referred to as “Monochrome”), a subsidiary of Doğuş Holding A.Ş. affiliate Nahita Restoran İşletmeciliği ve Yatırım A.Ş. The purpose of this Privacy/Personal Data Protection Policy is to describe;

  • the type of personal data collected by Monochrome,
  • how those personal data are used,
  • your rights to your personal data processed by Monochrome, and how to exercise these rights, and
  • how you can change whether you consent or object to receiving electronic messages of commercial nature.

1- Your Processed Personal Data, Purpose and Basis of Personal Data Processing

In order to serve you better, we process personal data that you share on your own volition (including, but not limited to your full name, , date of birth, mobile number, e-mail, sex, address, profession, education, marital status, vehicle license plate number, credentials, expenditure, billing information, any information of which you consent to the sharing via social media channels through which you log on, shopping details on social media accounts; all transaction details, such as the Monochrome business and time the transaction took place in, the amount paid, special offers used and discounts received; app navigation and clicking details, and locations logged on to the application). In addition, your personal data are processed to achieve the aforementioned aims and legal liabilities arising from relevant regulations, including the Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications and associated regulations, the Law No. 6563 on Regulation of Electronic Commerce and associated regulations, Turkish Penal Code No. 5237, and the Law No. 6698 on Protection of Personal Data. As it has been the case so far, your personal data shall be processed and stored as per your express consent, using information security measures and within the purpose and scope set by this Privacy/Personal Data Protection Policy, without prejudice to exceptions specified in Articles 5 and 6 of the Law on Protection of Personal Data.

 

Authorization for the Sharing of Personal Data

You have authorized our Company to collect, record, process, store, use, or transfer to/share with the below-listed third parties any personal data that you gave express consent for sharing, with the purpose of providing you with advantages and performing all sorts of electronic and other type of communications for customized advertising, promotion, sales, marketing, information, special offers, campaign notifications, subscription details, surveys and customer satisfaction surveys, and related services, and in order to meet legal obligations. You have given your consent that your personal data can be transferred to/shared with third parties, including the ones in the following non-exhaustive list:

•              Doğuş Müşteri Sistemleri A.Ş. (Doğuş Customer Systems Inc.) (www.dogusmusterisistemleri.com);

•              Doğuş Holding Inc. (www.dogusgrubu.com.tr);

•              Doğuş Holding affiliates and subsidiaries (www.dogusgrubu.com.tr);

•              Third parties in Turkey and/or abroad, with which our company has a contractual relation;

•              Nahita Restoran İşletmeciliği ve Yatırım A.Ş. affiliates and subsidiaries (https://www.dogusgrubu.com.tr/tr/yeme-icme);

•              Research, promotion and consulting companies that process data on behalf of our company; and

•              Public agencies and organizations authorized to request personal data.

Please contact us to receive information about other third parties with which we share your personal data.

Personal information shall be shared only if required and to the minimum extent necessary, exclusively with contracted third parties that bear the same legal and technical responsibilities with respect to data protection and security and comply with the relevant legislation, with the sole purpose of complete and timely delivery of services, secure and timely delivery of your messages and our notifications via phone, SMS and/or e-mail.

2- Measures for Personal Data Protection

Monochrome attaches particular importance to protection of personal data. Monochrome takes necessary measures to protect personal data against unauthorized access, loss, misuse, disclosure, change, or deletion. Monochrome undertakes to ensure privacy of your personal data and duly take any technical and administrative measure to ensure privacy and security. In the event of damage to personal data or its acquisition by third parties as a result of an attack on the website and the system despite Monochrome’s best efforts for establishing information security measures, Monochrome shall immediately notify you and the Data Protection Board of the incident. 

 

3- Your rights as data subject as per Article 11 of the Law No. 6698 on Protection of Personal Data

You have the right to apply to Monochrome to;

a) learn whether or not your personal data have been processed;

b) request information in case it has been processed,

c) learn the purpose of processing, and whether the data has been used in line with the given purpose,

d) learn about any the third parties, located inside and outside Turkey, to whom personal data have been transferred,

e) demand rectification in case of incomplete or inaccurate processing (in this case, please send your wet signed application by cargo to Dream’s office - Dikilitaş Mah. Üzengi Sok. No:8 Büyükhanlı Plaza, Beşiktaş, İstanbul),

f) request deletion or destruction of personal records as per the conditions set forth under Article 7 of the Law No. 6698 on Protection of Personal Data;

g) request information from the third parties to which the data was transferred about the processes performed as per the paragraphs (e) and (f) above,

h) object to any result that is to your detriment arising from the exclusively automated analysis of personal data;

i) claim compensation for any damages incurred due to unlawful processing of data.

To exercise your rights conferred by Article 11 of the Law No. 6698 on Protection of Personal Data, you can send your wet signed application by cargo to Dream’s office - Dikilitaş Mah. Üzengi Sok. No:8 Büyükhanlı Plaza, Beşiktaş, İstanbul.

4- Duration of Storage of Personal Data

As per the Law No. 6563 on Regulation of Electronic Commerce, consent statements, withdrawal of consent, content of the commercial electronic messages and other relevant records thereof shall be kept and submitted to the respective Ministry when necessary, and the records shall be stored for three years after expiration of the consent. At the end of this duration, our company shall delete, destroy or anonymize your personal data, either at its own discretion or upon your request.   

5- Accuracy and Up-to-dateness of Stored Personal Data

Users accept and declare the importance of the accuracy and up-to-dateness of the data they submit to the website are instrumental for exercising their rights concerning personal data as per the Law No. 6698 on the Protection of Personal Data and other related regulations, and that they shall take full responsibility for any condition arising from submitting inaccurate information. You can notify any changes or updates to your personal information via sending your wet signed application to Dream’s office - Dikilitaş Mah. Üzengi Sok. No:8 Büyükhanlı Plaza, Beşiktaş, İstanbul.

6- Deletion, Destruction or Anonymization of Personal Data

We shall anonymize and continue to use your personal data processed for purposes specified in this “Terms of Use and Privacy/Personal Data Protection Policy”, once the condition for processing of the personal data set out in Article 7/f.1 in the Law No. 6698 is no longer valid and respective legal periods expire as per Article 138 of the Turkish Penal Code.

You have always the right to delete your personal data or withdraw your consent on processing and usage of your personal data. You may send your wet signed request for deletion of your personal data to Dream’s office - Dikilitaş Mah. Üzengi Sok. No:8 Büyükhanlı Plaza, Beşiktaş, İstanbul.

7- Amendments to Privacy/Personal Data Protection Policy

Monochrome may change this “Terms of Use and Privacy/Personal Protection Data Policy and Consent to Commercial Communication” at any time. These amendments shall come into force as soon as the revised “Terms of Use and Privacy/Personal Data Protection Policy and Consent to Commercial Communication” is uploaded on www.monochrome.com.tr/en/home. You will be notified of any changes to the “Terms of Use and Privacy/Personal Protection Data Policy”.

8- Jurisdiction, Authorized Courts and Enforcement Offices

This document, titled “Terms of Use and Privacy/Personal Protection Data Policy”, is governed by the laws of the Republic of Turkey. Istanbul (Çağlayan) Courts and Enforcement Offices shall be authorized in settlement of disputes arising from or claims of violation of the provisions herein.

9- Final Clause

Users irrevocably accept, declare and undertake to read the “Terms of Use and Privacy/Personal Data Protection Policy” provided above, before entering the website, to comply with all the provisions set forth in this agreement, and that the entire website content as well as all the electronic media and computer records owned by Monochrome shall be deemed as hard evidence as per Article 193 of the Code of Civil Procedure.

Pursuant to the Law No. 6698 on Protection of Personal Data, I hereby give consent to your Company for collecting, recording, processing, storing, using my personal data within legal limits and in accordance with the above-stated principles, and transferring to/sharing my personal data with third parties for the same purposes.