Personal Data Protection Law, numbered 6698 (hereinafter will be referred to as "KVKK"), has been published in Official Gazette, dated April 7, 2016 and numbered 29677.
As data officer, Demir Sağlık ve Hayat Sigorta Anonim Şirketi, may process, record, store, classify, update and disclose/transfer your personal data and special personal data to 3rd persons, as required for processing purposes, in line with KVKK, to the extent required by legislation and within the framework, given below.
In order to provide health insurance and life insurance products and services within the framework of all national and international legislation, in particular Turkish Commercial Code, numbered 6102 and Insurance Law, numbered 5684, to fulfill obligations within the scope of activities as an insurer and to provide establishment, conduction and development of necessary procedure, to perform current and future insurance contracts, to record all necessary information, including identity, contact, address and health data, to determine the owner and relevance of all kinds of works and transactions to be performed, to prepare all kinds of records and documents, to constitute a basis for works and transactions to be performed in physical or electronic medium, to fulfill information storage, reporting and providing obligations, imposed by all judicial and administrative authorities (such as Ministry of Treasury and Finance, Financial Crimes Investigation Board (“MASAK”), Insurance Information and Monitoring Center (SBGM), Judicial Authorities), in accordance with national and international legislation, and to provide security in line with legitimate interests, our company processes your personal data and special personal data.
For performance of obligations by our company before the preparation of insurance policy and after the establishment of contract, and within the scope of claim payments, both in order to make risk measurement and to assess claims, our company must process personal data and health-related special personal data of the party to insurance contract/insured/right owner under insurance contract. In order to allow the exercise of rights by our company, the insurance Provider, the insured and right owners under the insurance contract and to protect legitimate interests, our company is obliged to provide, assess and share the health-related personal data of insurance provider/insured/right owners, with in particular agencies and brokers, and also intermediaries, reinsurers, assistance forms, contracted institutions and 3rd persons, rendering services, in particular support services, and to store personal data as long as permitted by legislation.
Health information is processed in accordance with statutory provisions of KVKK and Data Protection Policy of our Company, via partially automatic, automatic or non-automatic means, in physical or electronic medium, in order to perform our activities as an insurer. Your explicit consents, related to your personal data and/or special personal data, will be obtained by us with this contract or by the employees of General Directorate/Regional Directorate, by our agencies, brokers, websites, internet applications and call centers, in verbal, written or electronic format, according to your preferences.
In order to determine the information of owner of transaction, in accordance with Law concerning Regulation of Electronic Trade, numbered 6563, Law concerning Protection of Consumers, numbered 6502 and Regulation concerning Service Provider and Intermediate Service Providers in Electronic Commerce, published in the Official Gazette, dated August 26, 2015 and numbered 29457, and Proximity Sale Regulation, published in the Official Gazette, dated November 27, 2014 and numbered 29188, and other related legislation, processed by recording identity, contact, address and other relevant information.
Your personal data and special personal data, submitted to our Company, are processed in order to enable you to benefit from products, offers, advantages and campaigns, which are suitable for you in line with your needs and requests and in order to provide you information, including sales and to provide all kinds of communication with you and within this framework, your personal data and special personal data are processed for the purpose of delivery of information, promotion and marketing information, comprising data, audio and video contents, to be sent by the Company or agencies and brokers, providing services on behalf of the Company, directly or via SMS, image, animation, short message, MMS, containing multimedia objects, telephone, fax, automatic callers and similar channels.
Preparation of all kinds of records and documents, which will constitute grounds for transaction in payment methods, electronic contract or printed medium, which are mandatory in Banking and Electronic Payment fields, and provision of information storage, reporting and information provision, proposed in line with legislation and by other authorities, are the obligations of data officer.
Your personal data and special personal data, shared with our Company, are shared with:
Personal Data Owner, by filing an application before our Company, is entitled to:
Personal Data Owners may deliver their questions, opinions or requests to our Company via any one of the communication channels, given in Information Text and contact information, given in official website of the company.
I hereby give my explicit consent for processing of my special personal data, including my recent and past health data, and my personal data by Demir Sağlık ve Hayat Sigorta A.Ş., the acquisition of the same from all healthcare providers, public or private at the conditions, given above, the recording of this information on the data registry systems of your Company, and by classifying in these systems, to store the same for the time, proposed in legislation, the transfer of the same to persons, institutions and establishments, specified in this Information and Explicit Consent form, the disclosure and transfer of the same to all kinds of regulatory and supervisory public and private institutions and establishments, in particular, Ministry of Treasury and Finance, SBGM and MASAK and judicial authorities.
Personal Data Protection Law, numbered 6698 (hereinafter will be referred to as "KVKK"), has been published in Official Gazette, dated April 7, 2016 and numbered 29677.
As data officer, Demir Sağlık ve Hayat Sigorta Anonim Şirketi, may process, record, store, classify, update and disclose/transfer your personal data and special personal data to 3rd persons, as required for processing purposes, in line with KVKK, to the extent required by legislation and within the framework, given below.
In order to provide health insurance and life insurance products and services within the framework of all national and international legislation, in particular Turkish Commercial Code, numbered 6102 and Insurance Law, numbered 5684, to fulfill obligations within the scope of activities as an insurer and to provide establishment, conduction and development of necessary procedure, to perform current and future insurance contracts, to record all necessary information, including identity, contact, address and health data, to determine the owner and relevance of all kinds of works and transactions to be performed, to prepare all kinds of records and documents, to constitute a basis for works and transactions to be performed in physical or electronic medium, to fulfill information storage, reporting and providing obligations, imposed by all judicial and administrative authorities (such as Ministry of Treasury and Finance, Financial Crimes Investigation Board (“MASAK”), Insurance Information and Monitoring Center (SBGM), Judicial Authorities), in accordance with national and international legislation, and to provide security in line with legitimate interests, our company processes your personal data and special personal data.
For performance of obligations by our company before the preparation of insurance policy and after the establishment of contract, and within the scope of claim payments, both in order to make risk measurement and to assess claims, our company must process personal data and health-related special personal data of the party to insurance contract/insured/right owner under insurance contract. In order to allow the exercise of rights by our company, the insurance Provider, the insured and right owners under the insurance contract and to protect legitimate interests, our company is obliged to provide, assess and share the health-related personal data of insurance provider/insured/right owners, with in particular agencies and brokers, and also intermediaries, reinsurers, assistance forms, contracted institutions and 3rd persons, rendering services, in particular support services, and to store personal data as long as permitted by legislation.
Health information is processed in accordance with statutory provisions of KVKK and Data Protection Policy of our Company, via partially automatic, automatic or non-automatic means, in physical or electronic medium, in order to perform our activities as an insurer. Your explicit consents, related to your personal data and/or special personal data, will be obtained by us with this contract or by the employees of General Directorate/Regional Directorate, by our agencies, brokers, websites, internet applications and call centers, in verbal, written or electronic format, according to your preferences.
In order to determine the information of owner of transaction, in accordance with Law concerning Regulation of Electronic Trade, numbered 6563, Law concerning Protection of Consumers, numbered 6502 and Regulation concerning Service Provider and Intermediate Service Providers in Electronic Commerce, published in the Official Gazette, dated August 26, 2015 and numbered 29457, and Proximity Sale Regulation, published in the Official Gazette, dated November 27, 2014 and numbered 29188, and other related legislation, processed by recording identity, contact, address and other relevant information.
Your personal data and special personal data, submitted to our Company, are processed in order to enable you to benefit from products, offers, advantages and campaigns, which are suitable for you in line with your needs and requests and in order to provide you information, including sales and to provide all kinds of communication with you and within this framework, your personal data and special personal data are processed for the purpose of delivery of information, promotion and marketing information, comprising data, audio and video contents, to be sent by the Company or agencies and brokers, providing services on behalf of the Company, directly or via SMS, image, animation, short message, MMS, containing multimedia objects, telephone, fax, automatic callers and similar channels.
Preparation of all kinds of records and documents, which will constitute grounds for transaction in payment methods, electronic contract or printed medium, which are mandatory in Banking and Electronic Payment fields, and provision of information storage, reporting and information provision, proposed in line with legislation and by other authorities, are the obligations of data officer.
Your personal data and special personal data, shared with our Company, are shared with:
Personal Data Owner, by filing an application before our Company, is entitled to:
Personal Data Owners may deliver their questions, opinions or requests to our Company via any one of the communication channels, given in Information Text and contact information, given in official website of the company.
I hereby give my explicit consent for processing of my special personal data, including my recent and past health data, and my personal data by Demir Sağlık ve Hayat Sigorta A.Ş., the acquisition of the same from all healthcare providers, public or private at the conditions, given above, the recording of this information on the data registry systems of your Company, and by classifying in these systems, to store the same for the time, proposed in legislation, the transfer of the same to persons, institutions and establishments, specified in this Information and Explicit Consent form, the disclosure and transfer of the same to all kinds of regulatory and supervisory public and private institutions and establishments, in particular, Ministry of Treasury and Finance, SBGM and MASAK and judicial authorities.
Demir Sağlık ve Hayat Sigorta A.Ş. (bundan böyle “Demir Sağlık” olarak anılacaktır), müşteri memnuniyeti ve müşteri bilgilerinin güvenliğine odaklanan bir hizmet felsefesi ile faaliyetlerini sürdürmektedir. Bu nedenle, müşterilerimizin kişisel verilerinin gizliliğini korumak amacıyla, Şirketimiz sistemlerini ve internet altyapısını en güvenli düzeyde tutmaktadır.
Bu gizlilik politikası, www.demirsaglik.com.tr, www.demirhayat.com.tr ve/veya bu sitelerin uzantısı veya alt siteleri olan sayfaları ya da mobil siteyi (topluca “Dijital Medya” olarak anılacaktır) kapsamaktadır ve bunların gizliliği ile ilgili kuralları ve prosedürleri düzenlemektedir. Dijital Medya'ya erişim sağlayarak ve kullanarak, bu Gizlilik Politikasını okuduğunuzu, anladığınızı ve kabul ettiğinizi beyan edersiniz. Bu Gizlilik Politikasındaki kurallar ve prosedürleri kabul etmiyorsanız, Dijital Medya'yı kullanmamanız gerektiğini hatırlatmak isteriz.
Ziyaret ettiğiniz Dijital Medya, Demir Sağlık tarafından işletilmekte olup, verilerinizin gizli ve güvenli bir şekilde saklanması için gerekli ve makul önlemler alınmaktadır. Dijital Medya kullanımı sırasında Demir Sağlık tarafından sağlanan veriler, bu Gizlilik Politikasında belirtilen amaçlar dışında kullanılmamaktadır ve yalnızca gizlilik sözleşmeleri ile verilerin gizliliğini koruma yükümlülüğü altına girmiş yetkili çalışanlar ve hizmet sağlayıcılar bu verilere erişebilir. Ayrıca söz konusu veriler, Demir Sağlık'a bağlı satış kanalları, acenteler, brokerler, doğrudan satış ofisleri ile her türlü tanıtım, reklam ve iletişim uygulamalarında süresiz olarak paylaşılabilir. Demir Sağlık, yalnızca gerekli yetkiler ve yasal düzenlemeler çerçevesinde bu bilgileri ifşa edebilir. Demir Sağlık, iş birliği yaptığı hizmet sağlayıcıların ve satış kanallarının, şirketimizin gizlilik standartlarına ve koşullarına uymalarını sağlamaya yönelik önlemler almaktadır.
Dijital Medya ayrıca, genel erişime kapalı alanlar içermektedir. Bu alanlara özel giriş kodu kullanılarak erişilmektedir. Ziyaretçiler tarafından Dijital Medya'da genel erişime açık olmayan ürün/hizmet başvurusu, bilgi güncelleme ve diğer işlemler için girilen bilgiler, diğer ziyaretçiler tarafından görüntülenemez. Demir Sağlık'ı yöneten mevzuat doğrultusunda, yetkili kurumlar ve/veya yasama, yürütme ve yargı organlarının talep etmesi durumunda, bilgiler yalnızca yetkiler çerçevesinde ve talep edilen bilgilerle sınırlı olarak ifşa edilebilir.
Yetkisiz kişilerin, Dijital Medya'da genel erişime açık olmayan bilgileri edinmesi, kopyalaması, çoğaltması, yayması, yayınlaması ve bu programları kullanması yasaktır. Söz konusu alanlara erişim yetkisi olan kişiler, yalnızca bu bilgileri ve programları kişisel kullanım ve erişim yetkisi ile kullanabilir.
Genel erişime açık Dijital Medya, başka dijital medyalara bağlantılar da içermektedir. Bu Gizlilik Politikasında yer alan taahhütler, yalnızca Demir Sağlık tarafından işletilen Dijital Medya için geçerlidir ve diğer dijital medyaları kapsamaz. Diğer dijital medyaların kullanımı ile ilgili olarak ilgili ortamın gizlilik bildirimi geçerli olacaktır. Demir Sağlık, bu ortamlarda içerik veya başka amaçlarla erişilebilecek herhangi bir dijital medyanın etik kuralları, gizlilik ilkeleri, doğası ve hizmet kalitesinden sorumlu değildir.
Demir Sağlık, sunulan Dijital Medya üzerinde üçüncü şahısların hukuki veya hukuka aykırı eylemleri sonucunda veya bilgilerdeki hatalar, kesintiler, gecikmeler, bilgi aktarımı sırasında bilgisayar virüsleri, hatlar ve elektrik kesintileri nedeniyle oluşabilecek herhangi bir doğrudan veya dolaylı zarardan sorumlu değildir.
Gizlilik Politikası, Demir Sağlık'ın web sitesi ile ziyaretçi arasındaki hukuki ilişkiyi oluşturur ve taraflar arasında bağlayıcıdır ve bu web sitesi nedeniyle oluşan tüm ilişkilerde tarafları bağlar. Aksi kararlaştırılmadıkça, www.demirsaglik.com.tr ve www.demirhayat.com.tr aleyhine bu hükümlere aykırı olarak herhangi bir talep ve hak ileri sürülemez.
Demir Sağlık'ın kurumsal yapısında birleşme, konsolidasyon, malvarlıklarının satışı ve feshi nedeniyle bir değişiklik olması durumunda, Demir Sağlık web sitesi aracılığıyla toplanan bilgileri (ziyaretçilerin kişisel olarak tanımlanabilir bilgileri dahil ancak bunlarla sınırlı olmamak üzere) bir veya daha fazla bağlı veya bağlı olmayan üçüncü kişiye devredebilir veya satabilir.
Demir Sağlık, gizlilik ve veri koruma ilkelerini güncel tutmak, mevzuata ve Demir Sağlık tarafından sunulan yeni hizmetlere uyumlu hale getirmek için bu Gizlilik Politikasını istediği zaman gözden geçirme hakkını saklı tutar. Bu Gizlilik Politikasını güncellemeye karar verirsek, güncellenmiş politika web sitemizde duyurulacaktır.
Gizlilik Politikamız hakkında herhangi bir sorunuz varsa veya ek bilgiye ihtiyaç duyuyorsanız, Şirketimizle iletişime geçebilirsiniz.
Demir Sağlık ve Hayat Sigorta A.Ş. (hereinafter will be referred to as “Demir Sağlık”), conducts its operations with the philosophy of a service, focused on customer satisfaction and security of customer information. Therefore, in order to preserve confidentiality of personal data of our customers, our Company has maintained its systems and internet infrastructure at the most secure level.
This privacy policy hereby covers www.demirsaglik.com.tr, www.demirhayat.com.tr and/or any page, which are extensions or subsites thereof or the mobile site (collectively will be referred to as “Digital Media”) and regulates rules and procedures concerning confidentiality of the same. By accessing and using Digital Media and you hereby declare that you have read, understood and accepted this Privacy Policy hereby. We would like to remind you that if you do not agree with the rules and procedures in this Privacy Policy,you must not use Digital Media.
The Digital Media you visit, are operated by Demir Sağlık and necessary and reasonable measures are taken for confidential and secure storage of your data. The data, provided by Demir Sağlık during the use of Digital Media, is not used for purposes, other than the purposes, specified in this Privacy Policy and only authorized employees and service providers, who have undertaken to keep the data confidential with confidentiality agreements, may access the data. In addition, the data in question may be indefinitely shared with sales channels, agencies, brokers, direct sales offices affiliated with Demir Sağlık, in all kinds of promotion, advertising and communication applications. Demir Sağlık may only disclose this information within the framework of necessary authorizations and legal regulations. Demir Sağlık adopts measures to cause collaborated service providers and sales channels to comply with confidentiality standards and conditions of our Company.
Digital Media also contains areas, which are not accessible by public. These are accessed using special entry code. Information, entered by visitors for product/service application, information updating and other transactions concerning products on Digital Media, which are not publicly accessible, may not be viewed by other visitors. In line with the legislation, governing Demir Sağlık, in case authorized institutions and/or legislative, executive and judicial bodies and authorities request disclosure of information, this information may only be disclosed within the framework of authorizations and limited to the requested information.
Unauthorized persons are prohibited from acquisition, copying, reproduction, dissemination, publication of information in Digital Media, which is not publicly available, and from using the programs. Persons, who are authorized to access said areas, have only received personal access and use authorization for information and programs therein.
Publicly accessible Digital Media also provide links to other digital media. Commitments, contained in this Privacy Policy, are only valid for Digital Media, operated by Demir Sağlık and do not cover other digital media. Concerning use in other digital media, privacy notice of relevant medium will be applicable. Demir Sağlık is not responsible for use of information by, ethical pricniples, privacy principles, nature and service quality of any other digital media which may be accessed for content purposes or other purposes via advertisements, banners and any material or non-material damages or losses in these media.
Demir Sağlık is not liable for any direct or indirect damages, which may be inflicted on any person or institution by legal or illegal actions of third persons on presented Digital Media or any errors, interruptions, delays in transfer of information, computer viruses, line and electricity outage during the use of Digital Media.
Privacy Policy constitutes the legal relationship between the website of Demir Sağlık and visitor and it is binding on parties and the parties of all kinds of relationships, created due to this website. Unless otherwise agreed, no claims and rights may be asserted in contravention of these provisions against www.demirsaglik.com.tr and www.demirhayat.com.tr.
In case of a change in corporate structure of Demir Sağlık due to merger, consolidation, sale and dissolution of material assets, Demir Sağlık may assign or sell information, collected via website (including, without limitation personally identifiable information of visitors) to one or more affiliated or non-affiliated third persons.
Demir Sağlık reserves the right to revise this Privacy Policy at any time when required to keep privacy and data protection principles up-to-date and to make it compliant with legislation or new services, offered by Demir Sağlık. In case we decide to revise this Privacy Policy, revised policy is announced in our website.
In case you have any questions or require additional information regarding our Privacy Policy, you may contact our Company.
PROXIMITY SALES CONTRACT
ARTICLE 1- PARTIES
This Proximity Sales Contract (hereinafter will be referred to as “Contract”) has been made by and between Demir Sağlık ve Hayat Sigorta A.Ş. (hereinafter will be referred to as “SELLER”) and BUYER, who wishes to purchase insurance products on the website, subject to following terms and conditions and in compliance with Proximity Contracts for Financial Services Regulation.
All real and legal entities, eligible to exercise civil rights, who visit the website of seller or who request to use the services, presented herein, are deemed as BUYERS. Persons, who are not eligible to exercise civil rights, who are not at least 18 years of age or minors and restricted and incapacitated persons may only act through their parents and legal guardians. In this case, parent or legal representative is also deemed as BUYER.
In this Contract, SELLER and BUYER will be referred to as “Parties” collectively and “Party” individually.
ARTICLE 2 – THE SUBJECT MATTER OF CONTRACT
2.1. The subject matter of this Contract hereby is the determination of rights and obligations of the Parties within the framework of Law concerning Protection of Consumers, numbered 6502, Proximity Contracts Regulation and Regulation concerning Activities to be Accepted as Insurance, Insurance Contracts in Favor of Consumer and Proximity Insurance Contracts, numbered 28982 (collectively will be referred to as “Legislation”) related to proposal, policy and proximity sales service in electronic medium.
2.2. By marking “I have read and I accept Proximity Sales Contract,” BUYER will be deemed to have consented in compliance with Legislation.
BUYER will be unable to skip to following steps before confirmation of reading and acceptance of this Contract and will not be able to perform policy proposal and proximity insurance product purchase procedures in electronic medium.
2.3. BUYER hereby agrees, declares and undertakes within the framework of provisions of this Contract, that BUYER was informed concerning the name, commercial title, address, telephone and other access information, basic characteristics of insurance product, subject to sale, sale price, including all taxes, payment terms, delivery and return conditions and expenses, etc., and all preliminary information concerning the product, subject to sale and exercise of “withdrawal right” and the manner of exercise of the same, government bodies for submission of complaints and objections, etc., in a clear, understandable manner and in compliance with internet medium, confirmed these issues in electronic medium and purchased insurance product subsequently.
2.4. BUYER hereby agrees and declares that SELLER is granted the authority to process personal data for policy proposal and sale procedures and limited to this purpose. In addition, SELLER shall be entitled to share personal data of BUYER with public institutions and business partners when necessary for the purposes of this Contract.
In addition, BUYER hereby agres, declares and undertakes that BUYER is also bound with the provisions of Privacy Policy which is an annex to and indispensable part of this Contract.
ARTICLE 3- PRODUCT(S), SUBJECT TO SALE, PAYMENT INFORMATION AND DELIVERY
3.1. Information concerning product characteristics (nature and type), vary depending on the type of each insurance product and on selection of product, the cost of the product is displayed on user screen. This information has also been approved by BUYER.
3.2. Terms: Only credit card payments are accepted. BUYER hereby agrees, declares and undertakes that it will share a valid credit card information in a complete manner and it consented the storage of this information and the use of the same for payment procedure.
3.3. BUYER will be able to download the policy concerning purchased insurance policy from the website in pdf format. In addition, the policy will be sent to BUYER by SELLER via electronic mail. In case policy can not be delivered due to provision of a wrong email address or e-mail address of other persons by the BUYER, BUYER hereby agrees, declared and undertakes that he/she will not make any claims from SELLER.
ARTICLE 4 – THE DATE OF CONTRACT
This Contract hereby is deemed to have been made on the monent of payment, required to be made by BUYER depending on selected insurance type.
ARTICLE 5 - GENERAL PROVISIONS
5.1. BUYER hereby agrees, declares and undertakes that he/she knows all characteristics, basic properties and covered risks with respect to the product, subject to the case and read and learned preliminary information concerning sales price and payment terms and delivery, and provided necessary confirmation in electronic medium.
5.2. BUYER hereby declares and undertakes that the personal information, furnished hereunder, was correct. BUYER is responsible for accuracy of personal information. BUYER will be liable for all damages to be suffered by SELLER due to inaccuracy of this information.
BUYER hereby agrees, declares and undertakes that the information is correct, up-to-date and belongs to him/her or in case it belongs to third persons, in order to purchase insurance product or make third person beneficiaries, necessary consent had been obtained by him/her, in case of a breach concerning such information and in case SELLER suffers a damage due to this breach, he/she will indemnify all damages of SELLER in cash and in full.
5.3. For commencement of coverage concerning the insurance product, subject to Contract, Contract and preliminary information text must have been confirmed in electronic medium and the price of product(s) must have been paid by BUYER using a credit card. In case, for any reason, the price of product(s) is not paid or is cancelled on bank records, the Parties hereby agree, declare and undertake that no insurance contract will be deemed to have been established between the parties.
5.4. In case the payment for product(s), subject to Contract, is made by BUYER using a credit card, all kinds of legal risks, including the risks, which may arise from BUYER and credit card owner or the recipient of product(s) being different and unrightful and illegal use of credit card and bank card by unauthorized persons, shall belong to BUYER. BUYER hereby agrees, declares and undertakes that in case he/she suffers any damages due to these issues, he/she will not assert any claims from SELLER.
5.5. BUYER hereby agrees, declares and undertakes that in transactionbs, requiring a credit card on www.demirsaglik.com.tr website, he/she will only perform transactions on the consent of credit card holder, otherwise, he/she will be liable for all kinds of costs and damages, arising from payment refund, non-performance of service or similar causes, including attorney's fees, and will keep the SELLER harmless from all kinds of claims, arising from the same.
5.6. BUYER hereby agrees, declares and undertakes that he/she will not employ malicious codes, including, without limitation spam, virus and Trojan horses and acts, actions or transactions, which will stop or hinder the operation of website and will not engage any third persons, who are involved in acts, actions and transactions to this effect.
5.7. BUYER hereby agrees, declares and undertakes that as of the moment of purchase of the service, subject to this Contract, he/she will control all clauses of policy and policy special conditions.
5.8. In case the bank or financial institution does not remit the payment for premium amounts, due to urightful or illegal use of BUYER’s credit card by unauthorized persons, which is not caused by the fault of BUYER, insurance contract will not take effect and will become automatically invalid.
5.9. BUYER will comply with the terms and conditions of this Contract, law, moral values and customs and rules of integrity in all procedures to be performed on website.
5.10. All kinds intellectual property rights on all software, illustrations and designs, texts and logos and graphs belong to SELLER. It is strictly prohibited to copy information and/or software, used in the design, content of website and database creation and/or the use of the same beyond the purpose of using the service, subject to this Contract and the purpose of the use of Website, copying, distribution, processing and other use of all kinds of illustrations, texts, symbols, files, etc.
5.11. In case any provision of this Contract hereby is declared invalid or unenforceable by an authorized court or tribunal, the provision in question will be replaced with a valid provision, close to the objective of Contract. Other articles will remain unchanged.
5.12. SELLER is free to agree to provide the services, offered on website or not. If it deems necessary, it may temporarily suspend or permanently discontinue the services, provided over website or the website. It shall have o liability towards BUYER due to temporary suspension or permanent discontinuance of services or website.
ARTICLE 6 - RIGHT TO WITHDRAW
6.1. BUYER is entitled to withdraw from the Contract within 14 (fourteen) days without providing any reason and without paying any damages. This 14 (fourteen) day term starts on the date of approval of Contract by BUYER. For exercise of right to withdraw, BUYER is obliged to make a written notice to SELLER through the contact information, detailed below.
6.2. In case BUYER is not a consumer, BUYER shall not be entitled to exercise this right to withdraw. Non-consumer BUYER may only withdraw in accordance with clause 3 of Article 1430 of Turkish Commercial Code, numbered 6102. According to abovementioned article, insurance provider may withdraw from Contract before the commencement of liability of insurance company by paying half of the agreed premium. In case of partial withdrawal from Contract, the premium, payable by insurance provider is half of the premium, related to withdrawn part. In case the BUYER consumer is insured, along with rights, arising from Consumer legislation, this right may also be exercised.
ARTICLE 7- EXERCISE OF RIGHT TO WITHDRAW
7.1. The delivery of a notice, related to exercise of right to withdraw to BUYER in writing or via permanent data storer, within the withdrawal term, is sufficient.
7.2. In case withdrawal right is offered to consumer on the website, SELLER is obliged to promptly send a confirmation of receipt of withdrawal requests by BUYER, to the BUYER.
ARTICLE 8- OBLIGATIONS OF SELLER CONCERNING WITHDRAWAL
8.1. Within 30 (thirty) days of receipt of notice concerning exercise of right to withdraw, SELLER is obliged to return to BUYER all payments, except costs and amounts, specified in first clause of Article 11 of Proximity Contracts concerning Financial Services Regulation. In contracts, related to insurance, provisions in favor of BUYER, given in other legislation, are applied concerning return term.
8.2. SELLER is obliged to make all refunds at once to the payment means, used by BUYER during purchase in a proper manner without any costs and obligations to BUYER.
8.2. The declaration of BUYER concerning establishment of Contract, is determined and recorded in physical and electronic medium in compliance with used communication means. SELLER is obliged to adopt necessary measures for transmission of right to withdraw and determinations and records in electronic medium.
ARTICLE 9- OBLIGATIONS OF BUYER CONCERNING WITHDRAWAL
Within 30 (thirty) days after the date of delivery of withdrawal notice, BUYER is obliged to return all costs of Contract and services, performed hereunder and if any, costs, paid to a public institution and establishment or third persons and the amounts, payable in accordance with legislation, to SELLER. In case BUYER does not make necessary refunds and payments during this time period, it is deemed that the BUYER did not withdraw from Contract. Payable amount may not exceed the performed portion of service when compared to total cost of proposed service in Contract and may not be interpreted as a fine. In implementation of this clause, provisions in favor of BUYER, given in other legislation, are reserved.
ARTICLE 10- EFFECT OF EXERCISE OF RIGHT TO WITHDRAW ON AUXILIARY CONTRACTS
10.1. In case the BUYER exercises the right to withdraw, any auxiliary contracts, if any, will expire without any obligation of compensation or fine.
10.2. SELLER shall notify the exercise of right to withdraw by BUYER, to third person, who is a party to this Contract in writing or via permanent data storer.
Communication information for withdrawal notice:
DEMİR SAĞLIK VE HAYAT SİGORTA ANONİM ŞİRKETİ
MERSİS NO : 0278-0067-3850-0017
Adres : Büyükdere Cad. Özsezen İş Merkezi No: 124/B 34394 Esentepe
Şişli İstanbul
Telefon : 0212 288 68 51 – 0212 216 63 53
Faks : 0212 274 65 85
Elektronik Posta : info@demirsaglik.com.tr
KEP Adresi : demirhayat@hs03.kep.tr
10.3. BUYER hereby agrees, declares and undertakes that due to legal requirements, which may be imposed on certain mandatory insurance products, such as travel health insurance and the issues, published on www.demirsaglik.com.tr website, and in case these issues are not satisfied.
ARTICLE 11- FORCE MAJEURE
Force majeure will be interpreted as events beyond reasonable control of parties, including, without limitation, natural disasters, riots, war, coup d’etat, coup attempt, strike, lockout, disorders, caused by telecommunication infrastructure, power outage, epidemics and adverse weather conditions. SELLER may not be held liable for delayed or incomplete performance or failure in performance of any of its obligations hereunder.
ARTICLE 12 – THE SUSPENSION AND TERMINATION OF THE CONTRACT
12.1. SELLER may temporarily and permanently discontinue the use of website by BUYER in case BUYER fails to comply the terms and conditions of this Contract, Privacy Policy and the rules and terms, declared in website and, in case any contents, incorporated in the website constitutes a risk in legal, technical and in particular information security sense or is prejudicial to personal and commercial rights of third persons.
12.2. In case the breach in question is not remedied by BUYER despite notice by SELLER, this Contract will be deemed to have been terminated unilaterally by SELLER.
ARTICLE 13- AUTHORIZED COURT
13.1. In the implementation of this Contract, Consumer Arbitration Panels and Consumer Courts in the venue of purchase of goods of services by BUYER or in the native city of BUYER, up to the value, declared by Ministry of Customs and Commerce, will be authorized. In line with lower and upper limits, specified in the first clause of Article 68 of Law Concerning Protection of Consumers, numbered 6502, county/province consumer arbitration panels are authorized concerning consumer claims.
13.2. For non-consumer BUYERS, the courts and execution offices of Istanbul Çağlayan are authorized to settle any disputes, which may arise between the parties from this Contract.
ARTICLE 14 - SERVICE
All notices to be sent concerning services, offered in the website hereunder, will be made to the e-mail address, specified by BUYER to SELLER. BUYER hereby agrees, declares and undertakes that all addresses, notified to SELLER, are valid service addresses and in case of a change of address, will notify the same promptly to SELLER.
ARTICLE 15 - TAKING EFFECT
This Contract hereby, consisting of 15 (fifteen) articles and 6 (six) pages, has been read, agreed and acknowledged by the Parties in electronic medium.
SELLER reserves the right to make revisions on this Contract hereby and Privacy Policy, which is an inseparable part hereof, and the provisions of the same. The revisions in question will be effective and binding starting from the date of publication in the website of SELLER. It is the responsibility of BUYER to follow the revisions. BUYER hereby agrees and declares that SELLER is not obliged to notify buyer concerning these revisions.
BUYER hereby agrees and declares that he/she is not entitled to assert any claims against SELLER for such revisions.
BUYER hereby agrees and declares that he/she will regularly control the Privacy Policy and Proximity Sales Contract, published in the website and by continuing to use the services, will be deemed to have accepted such revisions.
Demir Sağlık ve Hayat Sigorta A.Ş. (hereinafter will be referred to as “Demir Sağlık”), conducts its operations with the philosophy of a service, focused on customer satisfaction and security of customer information. Therefore, in order to preserve confidentiality of personal data of our customers, our Company has maintained its systems and internet infrastructure at the most secure level.
This privacy policy hereby covers www.demirsaglik.com.tr, www.demirhayat.com.tr and/or any page, which are extensions or subsites thereof or the mobile site (collectively will be referred to as “Digital Media”) and regulates rules and procedures concerning confidentiality of the same. By accessing and using Digital Media and you hereby declare that you have read, understood and accepted this Privacy Policy hereby. We would like to remind you that if you do not agree with the rules and procedures in this Privacy Policy,you must not use Digital Media.
The Digital Media you visit, are operated by Demir Sağlık and necessary and reasonable measures are taken for confidential and secure storage of your data. The data, provided by Demir Sağlık during the use of Digital Media, is not used for purposes, other than the purposes, specified in this Privacy Policy and only authorized employees and service providers, who have undertaken to keep the data confidential with confidentiality agreements, may access the data. In addition, the data in question may be indefinitely shared with sales channels, agencies, brokers, direct sales offices affiliated with Demir Sağlık, in all kinds of promotion, advertising and communication applications. Demir Sağlık may only disclose this information within the framework of necessary authorizations and legal regulations. Demir Sağlık adopts measures to cause collaborated service providers and sales channels to comply with confidentiality standards and conditions of our Company.
Digital Media also contains areas, which are not accessible by public. These are accessed using special entry code. Information, entered by visitors for product/service application, information updating and other transactions concerning products on Digital Media, which are not publicly accessible, may not be viewed by other visitors. In line with the legislation, governing Demir Sağlık, in case authorized institutions and/or legislative, executive and judicial bodies and authorities request disclosure of information, this information may only be disclosed within the framework of authorizations and limited to the requested information.
Unauthorized persons are prohibited from acquisition, copying, reproduction, dissemination, publication of information in Digital Media, which is not publicly available, and from using the programs. Persons, who are authorized to access said areas, have only received personal access and use authorization for information and programs therein.
Publicly accessible Digital Media also provide links to other digital media. Commitments, contained in this Privacy Policy, are only valid for Digital Media, operated by Demir Sağlık and do not cover other digital media. Concerning use in other digital media, privacy notice of relevant medium will be applicable. Demir Sağlık is not responsible for use of information by, ethical pricniples, privacy principles, nature and service quality of any other digital media which may be accessed for content purposes or other purposes via advertisements, banners and any material or non-material damages or losses in these media.
Demir Sağlık is not liable for any direct or indirect damages, which may be inflicted on any person or institution by legal or illegal actions of third persons on presented Digital Media or any errors, interruptions, delays in transfer of information, computer viruses, line and electricity outage during the use of Digital Media.
Privacy Policy constitutes the legal relationship between the website of Demir Sağlık and visitor and it is binding on parties and the parties of all kinds of relationships, created due to this website. Unless otherwise agreed, no claims and rights may be asserted in contravention of these provisions against www.demirsaglik.com.tr and www.demirhayat.com.tr.
In case of a change in corporate structure of Demir Sağlık due to merger, consolidation, sale and dissolution of material assets, Demir Sağlık may assign or sell information, collected via website (including, without limitation personally identifiable information of visitors) to one or more affiliated or non-affiliated third persons.
Demir Sağlık reserves the right to revise this Privacy Policy at any time when required to keep privacy and data protection principles up-to-date and to make it compliant with legislation or new services, offered by Demir Sağlık. In case we decide to revise this Privacy Policy, revised policy is announced in our website.
In case you have any questions or require additional information regarding our Privacy Policy, you may contact our Company.
PROXIMITY SALES CONTRACT
ARTICLE 1- PARTIES
This Proximity Sales Contract (hereinafter will be referred to as “Contract”) has been made by and between Demir Sağlık ve Hayat Sigorta A.Ş. (hereinafter will be referred to as “SELLER”) and BUYER, who wishes to purchase insurance products on the website, subject to following terms and conditions and in compliance with Proximity Contracts for Financial Services Regulation.
All real and legal entities, eligible to exercise civil rights, who visit the website of seller or who request to use the services, presented herein, are deemed as BUYERS. Persons, who are not eligible to exercise civil rights, who are not at least 18 years of age or minors and restricted and incapacitated persons may only act through their parents and legal guardians. In this case, parent or legal representative is also deemed as BUYER.
In this Contract, SELLER and BUYER will be referred to as “Parties” collectively and “Party” individually.
ARTICLE 2 – THE SUBJECT MATTER OF CONTRACT
2.1. The subject matter of this Contract hereby is the determination of rights and obligations of the Parties within the framework of Law concerning Protection of Consumers, numbered 6502, Proximity Contracts Regulation and Regulation concerning Activities to be Accepted as Insurance, Insurance Contracts in Favor of Consumer and Proximity Insurance Contracts, numbered 28982 (collectively will be referred to as “Legislation”) related to proposal, policy and proximity sales service in electronic medium.
2.2. By marking “I have read and I accept Proximity Sales Contract,” BUYER will be deemed to have consented in compliance with Legislation.
BUYER will be unable to skip to following steps before confirmation of reading and acceptance of this Contract and will not be able to perform policy proposal and proximity insurance product purchase procedures in electronic medium.
2.3. BUYER hereby agrees, declares and undertakes within the framework of provisions of this Contract, that BUYER was informed concerning the name, commercial title, address, telephone and other access information, basic characteristics of insurance product, subject to sale, sale price, including all taxes, payment terms, delivery and return conditions and expenses, etc., and all preliminary information concerning the product, subject to sale and exercise of “withdrawal right” and the manner of exercise of the same, government bodies for submission of complaints and objections, etc., in a clear, understandable manner and in compliance with internet medium, confirmed these issues in electronic medium and purchased insurance product subsequently.
2.4. BUYER hereby agrees and declares that SELLER is granted the authority to process personal data for policy proposal and sale procedures and limited to this purpose. In addition, SELLER shall be entitled to share personal data of BUYER with public institutions and business partners when necessary for the purposes of this Contract.
In addition, BUYER hereby agres, declares and undertakes that BUYER is also bound with the provisions of Privacy Policy which is an annex to and indispensable part of this Contract.
ARTICLE 3- PRODUCT(S), SUBJECT TO SALE, PAYMENT INFORMATION AND DELIVERY
3.1. Information concerning product characteristics (nature and type), vary depending on the type of each insurance product and on selection of product, the cost of the product is displayed on user screen. This information has also been approved by BUYER.
3.2. Terms: Only credit card payments are accepted. BUYER hereby agrees, declares and undertakes that it will share a valid credit card information in a complete manner and it consented the storage of this information and the use of the same for payment procedure.
3.3. BUYER will be able to download the policy concerning purchased insurance policy from the website in pdf format. In addition, the policy will be sent to BUYER by SELLER via electronic mail. In case policy can not be delivered due to provision of a wrong email address or e-mail address of other persons by the BUYER, BUYER hereby agrees, declared and undertakes that he/she will not make any claims from SELLER.
ARTICLE 4 – THE DATE OF CONTRACT
This Contract hereby is deemed to have been made on the monent of payment, required to be made by BUYER depending on selected insurance type.
ARTICLE 5 - GENERAL PROVISIONS
5.1. BUYER hereby agrees, declares and undertakes that he/she knows all characteristics, basic properties and covered risks with respect to the product, subject to the case and read and learned preliminary information concerning sales price and payment terms and delivery, and provided necessary confirmation in electronic medium.
5.2. BUYER hereby declares and undertakes that the personal information, furnished hereunder, was correct. BUYER is responsible for accuracy of personal information. BUYER will be liable for all damages to be suffered by SELLER due to inaccuracy of this information.
BUYER hereby agrees, declares and undertakes that the information is correct, up-to-date and belongs to him/her or in case it belongs to third persons, in order to purchase insurance product or make third person beneficiaries, necessary consent had been obtained by him/her, in case of a breach concerning such information and in case SELLER suffers a damage due to this breach, he/she will indemnify all damages of SELLER in cash and in full.
5.3. For commencement of coverage concerning the insurance product, subject to Contract, Contract and preliminary information text must have been confirmed in electronic medium and the price of product(s) must have been paid by BUYER using a credit card. In case, for any reason, the price of product(s) is not paid or is cancelled on bank records, the Parties hereby agree, declare and undertake that no insurance contract will be deemed to have been established between the parties.
5.4. In case the payment for product(s), subject to Contract, is made by BUYER using a credit card, all kinds of legal risks, including the risks, which may arise from BUYER and credit card owner or the recipient of product(s) being different and unrightful and illegal use of credit card and bank card by unauthorized persons, shall belong to BUYER. BUYER hereby agrees, declares and undertakes that in case he/she suffers any damages due to these issues, he/she will not assert any claims from SELLER.
5.5. BUYER hereby agrees, declares and undertakes that in transactionbs, requiring a credit card on www.demirsaglik.com.tr website, he/she will only perform transactions on the consent of credit card holder, otherwise, he/she will be liable for all kinds of costs and damages, arising from payment refund, non-performance of service or similar causes, including attorney's fees, and will keep the SELLER harmless from all kinds of claims, arising from the same.
5.6. BUYER hereby agrees, declares and undertakes that he/she will not employ malicious codes, including, without limitation spam, virus and Trojan horses and acts, actions or transactions, which will stop or hinder the operation of website and will not engage any third persons, who are involved in acts, actions and transactions to this effect.
5.7. BUYER hereby agrees, declares and undertakes that as of the moment of purchase of the service, subject to this Contract, he/she will control all clauses of policy and policy special conditions.
5.8. In case the bank or financial institution does not remit the payment for premium amounts, due to urightful or illegal use of BUYER’s credit card by unauthorized persons, which is not caused by the fault of BUYER, insurance contract will not take effect and will become automatically invalid.
5.9. BUYER will comply with the terms and conditions of this Contract, law, moral values and customs and rules of integrity in all procedures to be performed on website.
5.10. All kinds intellectual property rights on all software, illustrations and designs, texts and logos and graphs belong to SELLER. It is strictly prohibited to copy information and/or software, used in the design, content of website and database creation and/or the use of the same beyond the purpose of using the service, subject to this Contract and the purpose of the use of Website, copying, distribution, processing and other use of all kinds of illustrations, texts, symbols, files, etc.
5.11. In case any provision of this Contract hereby is declared invalid or unenforceable by an authorized court or tribunal, the provision in question will be replaced with a valid provision, close to the objective of Contract. Other articles will remain unchanged.
5.12. SELLER is free to agree to provide the services, offered on website or not. If it deems necessary, it may temporarily suspend or permanently discontinue the services, provided over website or the website. It shall have o liability towards BUYER due to temporary suspension or permanent discontinuance of services or website.
ARTICLE 6 - RIGHT TO WITHDRAW
6.1. BUYER is entitled to withdraw from the Contract within 14 (fourteen) days without providing any reason and without paying any damages. This 14 (fourteen) day term starts on the date of approval of Contract by BUYER. For exercise of right to withdraw, BUYER is obliged to make a written notice to SELLER through the contact information, detailed below.
6.2. In case BUYER is not a consumer, BUYER shall not be entitled to exercise this right to withdraw. Non-consumer BUYER may only withdraw in accordance with clause 3 of Article 1430 of Turkish Commercial Code, numbered 6102. According to abovementioned article, insurance provider may withdraw from Contract before the commencement of liability of insurance company by paying half of the agreed premium. In case of partial withdrawal from Contract, the premium, payable by insurance provider is half of the premium, related to withdrawn part. In case the BUYER consumer is insured, along with rights, arising from Consumer legislation, this right may also be exercised.
ARTICLE 7- EXERCISE OF RIGHT TO WITHDRAW
7.1. The delivery of a notice, related to exercise of right to withdraw to BUYER in writing or via permanent data storer, within the withdrawal term, is sufficient.
7.2. In case withdrawal right is offered to consumer on the website, SELLER is obliged to promptly send a confirmation of receipt of withdrawal requests by BUYER, to the BUYER.
ARTICLE 8- OBLIGATIONS OF SELLER CONCERNING WITHDRAWAL
8.1. Within 30 (thirty) days of receipt of notice concerning exercise of right to withdraw, SELLER is obliged to return to BUYER all payments, except costs and amounts, specified in first clause of Article 11 of Proximity Contracts concerning Financial Services Regulation. In contracts, related to insurance, provisions in favor of BUYER, given in other legislation, are applied concerning return term.
8.2. SELLER is obliged to make all refunds at once to the payment means, used by BUYER during purchase in a proper manner without any costs and obligations to BUYER.
8.2. The declaration of BUYER concerning establishment of Contract, is determined and recorded in physical and electronic medium in compliance with used communication means. SELLER is obliged to adopt necessary measures for transmission of right to withdraw and determinations and records in electronic medium.
ARTICLE 9- OBLIGATIONS OF BUYER CONCERNING WITHDRAWAL
Within 30 (thirty) days after the date of delivery of withdrawal notice, BUYER is obliged to return all costs of Contract and services, performed hereunder and if any, costs, paid to a public institution and establishment or third persons and the amounts, payable in accordance with legislation, to SELLER. In case BUYER does not make necessary refunds and payments during this time period, it is deemed that the BUYER did not withdraw from Contract. Payable amount may not exceed the performed portion of service when compared to total cost of proposed service in Contract and may not be interpreted as a fine. In implementation of this clause, provisions in favor of BUYER, given in other legislation, are reserved.
ARTICLE 10- EFFECT OF EXERCISE OF RIGHT TO WITHDRAW ON AUXILIARY CONTRACTS
10.1. In case the BUYER exercises the right to withdraw, any auxiliary contracts, if any, will expire without any obligation of compensation or fine.
10.2. SELLER shall notify the exercise of right to withdraw by BUYER, to third person, who is a party to this Contract in writing or via permanent data storer.
Communication information for withdrawal notice:
DEMİR SAĞLIK VE HAYAT SİGORTA ANONİM ŞİRKETİ
MERSİS NO : 0278-0067-3850-0017
Adres : Büyükdere Cad. Özsezen İş Merkezi No: 124/B 34394 Esentepe
Şişli İstanbul
Telefon : 0212 288 68 51 – 0212 216 63 53
Faks : 0212 274 65 85
Elektronik Posta : info@demirsaglik.com.tr
KEP Adresi : demirhayat@hs03.kep.tr
10.3. BUYER hereby agrees, declares and undertakes that due to legal requirements, which may be imposed on certain mandatory insurance products, such as travel health insurance and the issues, published on www.demirsaglik.com.tr website, and in case these issues are not satisfied.
ARTICLE 11- FORCE MAJEURE
Force majeure will be interpreted as events beyond reasonable control of parties, including, without limitation, natural disasters, riots, war, coup d’etat, coup attempt, strike, lockout, disorders, caused by telecommunication infrastructure, power outage, epidemics and adverse weather conditions. SELLER may not be held liable for delayed or incomplete performance or failure in performance of any of its obligations hereunder.
ARTICLE 12 – THE SUSPENSION AND TERMINATION OF THE CONTRACT
12.1. SELLER may temporarily and permanently discontinue the use of website by BUYER in case BUYER fails to comply the terms and conditions of this Contract, Privacy Policy and the rules and terms, declared in website and, in case any contents, incorporated in the website constitutes a risk in legal, technical and in particular information security sense or is prejudicial to personal and commercial rights of third persons.
12.2. In case the breach in question is not remedied by BUYER despite notice by SELLER, this Contract will be deemed to have been terminated unilaterally by SELLER.
ARTICLE 13- AUTHORIZED COURT
13.1. In the implementation of this Contract, Consumer Arbitration Panels and Consumer Courts in the venue of purchase of goods of services by BUYER or in the native city of BUYER, up to the value, declared by Ministry of Customs and Commerce, will be authorized. In line with lower and upper limits, specified in the first clause of Article 68 of Law Concerning Protection of Consumers, numbered 6502, county/province consumer arbitration panels are authorized concerning consumer claims.
13.2. For non-consumer BUYERS, the courts and execution offices of Istanbul Çağlayan are authorized to settle any disputes, which may arise between the parties from this Contract.
ARTICLE 14 - SERVICE
All notices to be sent concerning services, offered in the website hereunder, will be made to the e-mail address, specified by BUYER to SELLER. BUYER hereby agrees, declares and undertakes that all addresses, notified to SELLER, are valid service addresses and in case of a change of address, will notify the same promptly to SELLER.
ARTICLE 15 - TAKING EFFECT
This Contract hereby, consisting of 15 (fifteen) articles and 6 (six) pages, has been read, agreed and acknowledged by the Parties in electronic medium.
SELLER reserves the right to make revisions on this Contract hereby and Privacy Policy, which is an inseparable part hereof, and the provisions of the same. The revisions in question will be effective and binding starting from the date of publication in the website of SELLER. It is the responsibility of BUYER to follow the revisions. BUYER hereby agrees and declares that SELLER is not obliged to notify buyer concerning these revisions.
BUYER hereby agrees and declares that he/she is not entitled to assert any claims against SELLER for such revisions.
BUYER hereby agrees and declares that he/she will regularly control the Privacy Policy and Proximity Sales Contract, published in the website and by continuing to use the services, will be deemed to have accepted such revisions.