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User Agreement and Privacy Policy
User Agreement and Privacy Policy

User Agreement and Privacy Policy

A. USER AGREEMENT

1. This User Agreement (hereinafter referred to as the "Agreement") has been drawn up between HDI Sigorta A.Ş. (hereinafter referred to as "HDI"), which is established under the laws of the Republic of Turkey, an actively operating joint-stock company, registered with the number 327200/0 in the Istanbul Chamber of Commerce,located at Sahrayıcedit Mah. Batman Sokak HDI Sigorta Binası, No.6 Kadıköy-Istanbul, and the user (hereinafter referred to as the "User") of the www.hdisigorta.com.tr website (hereinafter referred to as the "Website"), for the User's use of the Website.

(HDI and the User shall hereinafter be referred to as the "Parties".)

2. Definitions

Under this Agreement:

"HDI" refers to HDI Sigorta A.Ş.; "Content" refers to all kinds of information, files, pictures, numbers, images, literary and auditory images published on the Website or accessible;

"User" refers to all real and legal entities who accept the terms of the Agreement and will benefit from the Contents, applications and the Service on the Website, and who are eligible of using civil rights;

"Service" refers to the insurance service(s) to be offered to the User by HDI under the Website;

"Agreement" refers to this User Agreement;

"Parties" refers to HDI and the User;

"Website" refers to other websites that can be accessed through the domain name www.hdisigorta.com.tr and other sub-domains, where HDI provides insurance services, the scope of which is determined by the Contract.

3. Subject and Scope of the Agreement

3.1 This Agreement regulates the rights and obligations of HDI and Users on the Service to be provided to the User by HDI, operating in the insurance sector. The user shall not be able to proceed to the next steps without reading and approving the "User Agreement" and "Privacy Policy".

3.2 With the establishment of the Contract instantly by the User checking the "I have read and approve the User Agreement and Privacy Policy." box in the offering steps, the User shall authorize HDI to submit a premium offer and direct it to the agency. By accepting this Agreement, the User accepts and declares that the information to be provided by themselves will be used in the provision of the Services on the Website.

4. Terms of Service

4.1The person who wants to receive the Service over the Website cannot have the right and authority to be a User as it is defined in this Agreement, without entering the requested information. Those under the age of 18 or minors, those who are restricted and those who do not have the mental competence can only make transactions through their parents or legal representatives. Otherwise, all transactions shall be void.

4.2 The Users accept that they have the right and authority to visit and display the HDI Website for their personal use only and to copy the pages of the website for their personal usage only. The Website may be used to get policy premium offers.

4.3 The premium offers received by the user on the Website by entering the necessary information regarding the T.R. identification number and the type of insurance for which they want to receive an offer are final. These amounts may vary depending on the coverage changes to be made by the user and the discounts to be selected.

5. Rights and Obligations of the Parties

5.1 Rights and Obligations of HDI

5.1.1 HDI reserves the right to make changes to the Agreement at its sole discretion and unilaterally at any time, without giving any reason and without further notice to the Users. The aforementioned changes shall come into force as of the date they are published on the Website and shall be valid and binding for the Parties. The Users are deemed to have accepted these changes by continuing to benefit from the Service on the Website.

5.1.2 HDI is free to provide the Service without any legal obligation and reserves the right to bind the Service and Contents offered on the Website to some additional conditions, and without giving any notice and giving time, to temporarily suspend and/or change the Services under the Website, to stop them completely, to close access to and delete all information and Contents whether belonging to third parties or your party, uploaded to the system. HDI does not have any responsibility arising from the aforementioned changes.

5.1.3 Any changes to be made in the premium offer, policy terms and prices and all kinds of issues regarding the implementation of the policy are under the responsibility of HDI under the legislation that the insurance companies are subject to.

5.1.4 HDI is not obliged and responsible to investigate the trueness of the information and Contents given by the User to HDI or uploaded, changed or provided by them on the Website, and to undertake and guarantee that such information and Contents are reliable, true and lawful, and also cannot be held liable for any damages that may arise due to false or incorrect information and Contents.

5.1.5 Linking to third parties and other websites, files, Contents and similar areas operated by third parties over the Website is for informational and advertising purposes only and HDI does not guarantee that the linking areas in question are safe, regulatory compliant and correct. The commitment to the accuracy and regulatory compliance of the information, Contents, visual and audio images provided and published by third parties is entirely under the responsibility of the persons who perform these actions and/or submit the Contents to the Website.

5.1.6 HDI does not guarantee and undertake that the files downloaded from the Website are free of viruses or similar harmful features, that the Website will be error-free and uninterrupted, and/or the results that can be expected from the use of the Service and is not responsible for the actions and acts and other actions of third parties and Users, due to the information and images on this Website, including but not limited to failure, error, deficiency, interruption, virus, delay in transfer, and the damages and losses caused by force majeure, that may occur while using the Website.

5.2 Rights and Obligations of the User

5.2.1 HDI has no responsibility to confirm the accuracy of the information provided by the User. All responsibility belongs to the User, and the User acknowledges, declares and undertakes that they will bear all kinds of consequences if any situation is detected.

5.2.2 The User acknowledges, declares and undertakes that they will receive the Service within the scope of the information s/he specified and will enter the requested information to receive the Service.

5.2.3 It is possible for the User to request the Service for the benefit of others.

5.2.4 The User acknowledges, declares and undertakes to provide all the information asked through the Website completely and accurately.

5.2.5 By visiting and using the Website, the User acknowledges, declares and undertakes that they will not violate the specified intellectual property rights, that they will not copy, reproduce, publish, change, translate into another language, save or treat, distribute, process, upload, expose, destroy or use in any way the pictures, texts, files, visual and audio images, icons, databases, title, business names, Contents and software, products, designs, brands, patents, logos, and all similar information, contents, documents and images, belonging to HDI and/or another third party on the Website, that they will not use all or part of the Website on another website without the consent of HDI and will not provide a link to the Website without HDI's written consent, and that they will not directly and/or indirectly compete with HDI and will not use the Website illegally and/or unauthorized.

6. Intellectual Property and Copyrights

6.1All software-related rights of this Website and the all registered or unregistered intellectual property rights such as titles, business names, brands, patent, logos, designs, texts, images, icons, information and method on the Website belong to HDI and are under the protection of national and international law. Visiting the Website or using the Services on the Website does not give any rights to the User on the intellectual property rights in question. The User acknowledges, declares and undertakes not to violate the intellectual property rights mentioned by visiting or using the Website. HDI’s all rights regarding all its assets, real and personal rights, commercial information and know-how, including all tangible and intellectual property rights it owns through the Website are reserved.

6.2 It is prohibited to use the information on the Website in any way, including reproduction, translation into another language, storage or processing. The information on the Website or any database, software, visual material related to the website cannot be partially or completely published, copied, presented, changed, distributed and/or transferred for commercial purposes without the written consent of HDI. The whole or part of the Website cannot be used on another website without the authorization and consent of HDI.Link accomodtaions to the Website cannot be provided without the written consent of HDI.

6.3 Users who use the all registered or unregistered intellectual property rights such as the designs, pictures, databases, files, titles, business names, brands, patents, logos, texts, visual and audio images, icons, information, and method subject to copyright in an unauthorized manner without obtaining an explicit permission, will be revoked the rights to access and/or use the Website and in case of detection of such use, all kinds of legal and administrative remedies shall be applied.

7. Liabilities

7.1HDI is not liable for any direct or indirect damages that may arise by virtue of breach of contract, tortious acts, or other reasons and due to entering the Website and using the information and other data published on the website.

HDI cannot be held liable in any way for any damages arising from the use of the website, including direct, indirect and/or incidental damages and punitive damages, without being limited to the above.

HDI makes every effort to keep the information on the Website up-to-date and valid. HDI’s all liabilities regarding its products and services are specified in the contracts they are subject to, and nothing on the website can be interpreted as changing the said contracts. HDI also does not guarantee the accuracy or completeness of the materials, software or services on the website. HDI Sigorta AŞ reserves the right to make changes in the data and services or products and prices on the website without prior notice.

7.2 The User shall have any legal, criminal or other liability for any transaction and action made by them on the Website and acknowledges, and declares and undertakes that while using the Website, they will comply with the laws and regulations, that the User will have the liability for any damage to be incurred by both HDI and third parties due to the reasons such as non-compliance with the provisions of the law and legislation, performing any action that imposes an unreasonable or disproportionate load on the Website infrastructure, unauthorized connection to the Website and unauthorized use of the Website and that the User will indemnify the damages and losses incurred by HDI and third parties due to unfair and unlawful use of the Website, will not make any claims from HDI due to these liabilities, and will immediately indemnify possible claims and damages that may be directed to HDI.

7.3 HDI cannot be held liable for the material, moral, legal, financial consequences that may arise due to any use of the Content and Services provided on the Website, including erroneous and illegal use or use in illegal works or for direct and indirect damages such as loss of earnings and damages that third parties incurred or may incur. In this context, in the event that any liability is imposed on HDI, the Users who cause this acknowledge, declare and undertake that they will immediately indemnify the HDI's all kinds of damages.

8. Force Majeure

In all cases considered as 'force majeure’ such as unforeseen and unavoidable events beyond the reasonable control of the related party that could not be prevented despite showing due diligence, etc., including but not limited to cyber attack, natural disaster, riot, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather, HDI is not liable for late or incomplete fulfillment or non-fulfillment of any of its obligations set forth in this Agreement. In the event of force majeure, no indemnity shall be demanded from HDI under any name.

9. Other Provisions

9.1 In the event that the provisions of this Agreement are violated, HDI may prevent the User from using the Website and/or take any legal action against the User.

9.2 In any dispute arising from the use of the Website and the Service, HDI's books and records, log records and computer records constitute absolute and exclusive evidence pursuant to Article 193 of Law No. 6100 on Civil Procedure.

9.3 HDI may post embed links to third-party websites from its Website. When you connect to these third-party websites, you are subject to the terms of use of that website. HDI cannot be held liable for any direct and/or indirect damages that may arise from the content or privacy conditions published on these websites and from the use of these websites.

In addition, HDI does not undertake the performances and reliability of individuals and organizations on third-party web sites. HDI's linking to these websites does not mean that HDI acts on behalf of third party websites, represents them, is their business partner or authorizes them in any matter or acts on their behalf. Therefore, HDI is not responsible for the processions, operations and actions of the aforementioned person/persons/organizations. Any commitments not made directly by HDI are not binding for HDI.

10. Applicable Law and Place of Jurisdiction

During the execution and interpretation of this Agreement and in the event of a dispute about the Website or related to the Website, Turkish Law shall be applicable. Istanbul Anatolian Courts and Enforcement Offices are authorized in the settlement of any dispute arising or may arise from this Agreement.

B. PRIVACY POLICY

Dear Website Visitor, the usage and protection of the information we obtain about you and the services you request during your visit to this Website and the services we offer through this website are subject to the terms specified in this 'Privacy Policy'.

1. Use and Protection of Information

Users are required to enter some personal information (such as name-surname, company information, telephone, address or e-mail addresses) on this Website by filling in different forms and some required fields on the Website. The information obtained from the users in order to provide offer or policy issuance service for insurance products on the Website is intended for the service and is protected confidentially. The above-mentioned information can be accessed by our company employees and the personnel of the relevant insurance agents in order to fulfill the requested service and to the extent required by the service.

2. Links to Other Websites

This Website may contain links to other websites. HDI is not responsible for the contents or privacy practices of other Internet Sites. Other websites have their own data gathering and privacy protection practices which may differ from HDI’s. Therefore, it is important that you review the privacy practices of all other websites you visit.

3. Sources of Information

The information we obtain about you is to ensure that we provide you with the most appropriate service and to continuously improve the quality of these services. This information is provided in the following ways.

a. Information provided by you

The information you provide by using our website is collected and recorded by us. The information obtained in this way is the information you provide us with your free will. In order for us to offer you with faster, more accurate, effective and quality services, you must accurately enter all the information requested from you on our website. This requirement arises from your legal pre-contractual disclosure obligation. In addition, you should take into account that if you do not provide the obligatory data required by the service you request, it will not be possible to fulfill your request properly. It is your responsibility to ensure that the information you provide is accurate and complete. Providing inaccurate, misleading or incomplete information or statements may affect the validity of the insurance you have requested, our and/or our agent's liability to you and/or the insured, and the policy-based insurance claim rights. HDI accepts no liability in such a case. If HDI suffers damage due to your providing inaccurate, misleading or incomplete information, you shall be liable to indemnify the damage.

b. Cookies

Cookies are small text files stored on your computer or mobile device when you visit a website. Your IP address, login information, the pages you access, etc. data is stored in these files. Thanks to cookies, your website preferences can be remembered, your session can be kept open or you can be presented with the contents you are interested in. HDI Sigorta, as in many websites, uses the technologies like cookies etc. in order to improve the visit experience of website users and to increase the service quality. The Cookie Policy has been prepared to inform the website users about the cookies and the types of cookies used and to guide how cookie preferences can be managed.

If you do not approve the use of cookies, we request that you do not continue the website or change your cookie preferences as shown in this Policy. We would like to remind you that some features of the website may lose their functionality if cookies are not allowed.

You can access our Cookie Policy via the link below:

https://www.hdisigorta.com.tr/yasal-bilgilendirmeler/cerez-politikasi

c. Information from other sources

Information obtained from sources such as TRAMER and MERNIS for the purposes of timely renewal of your insurance policies and keeping your up-to-date information such as address, phone number.

4. Use of Personal Data and Consent

4.1 Although your personal data may vary depending on the service, product or commercial activity provided by HDI Sigorta, they are collected verbally, in writing or electronically through offices, branches, agents, call center, website, social media channels, mobile applications and similar means, either by automatic or non-automatic methods. Your general and even sensitivepersonal data, which are created and updated while you use the services of HDI Sigorta and its brands, can be processed based on your explicit consent and in exceptional cases without your explicit consent.

4.2 Your personal data is obtained with the aim of presenting the services we offer, especially insurance and after-sales services, in all kinds of verbal, written or electronic media, in line with the above-mentioned purposes, within the determined legal framework and within this scope, HDI Sigorta to fulfill its obligations arising from the agreement and the law in a complete and correct manner.

4.3 Your personal data can also be processed in accordance with the provisions of the Law No. 1774 on Identity Notification, Turkish Commercial Code, Law No.2918 on Highway Traffic, Law No.5684 Insurance, MASAK (Financial Crimes Investigation Board) Legislation, Law No. 6502 on Consumer Protection, the provisions of second legislation regarding the aforementioned laws, the obligations arising from tax legislation, the regulations of supervisory and regulatory institutions and organizations, and the cases required by other competent public authorities and the provisions of other legislation. And they can be transferred to the physical archives and information systems of HDI Sigorta and kept under protection both in digital and physical environments throughout their legal periods.

4.4 Pursuant to the law and other legislation and for the purposes stated above, your personal data can be shared with our business partners and other third parties in terms of the development and execution of the services we offer, especially after-sales services, for the purposes stated above. These include relevant automotive companies, Talanx Group Companies abroad, HDI Insurance's infrastructure providers, third parties from which service is received and provided to, HDI Insurance agents/brokers/reinsurers, financing companies, competent institutions and organizations, official authorities.

4.5 In accordance with the legislation on your processed personal data, you have the following rights:

  • To Knowwhether personal data is processed,
  • If personal data has been processed, to request information on the subject; To find out the purpose of processing personal data and whether they are used appropriately for their purpose,
  • To knowthe third parties to whom personal data are transferred domestically or abroad,
  • To request the correction of personal data in case of incomplete or incorrect processing,
  • To request the deletion or destruction of personal data
  • In case personal data are processed incompletely or inaccurately, to request the third parties to whom the personal data is transferred to be notified about the correction and/or deletion or destruction of personal data,
  • To object in the event that an unfavorable result may arise when the processed data is processed exclusively by analyzing it through automated systems,
  • In case of damage due to unlawful processing of personal data, to request the compensation of the damage.

4.6 HDI Sigorta protects your personal data in full compliance with all required technical and administrative security measures, pursuant to information security standards and procedures. The mentioned security measures are provided at a level appropriate to possible risks, taking the technological possibilities into account.

5. Other Terms of Use

Apart from the conditions stated here, everyone who visits our website and/or requests services is deemed to have read the terms specified in the 'User Agreement' section and acknowledged the content exactly. HDI does not assume any liability for pecuniary and non-pecuniary damages that may arise in the event of the protection system being ineffective through hacking, malware or reverse engineering. HDI may disclose users' information to third parties, except for the provisions of this "Privacy Policy", in the following cases: These cases are:

  • 1. Complying with the obligations imposed by the laws, decree-laws, regulations, etc. issued and enforced by the competent legal authority;
  • 2. Fulfilling the requirements of the "User Agreement" and other agreements concluded by HDI with users and putting them into practice;
  • 3. Being requested by the competent administrative and judicial authority and requesting information about users for the purpose of performing a duly conducted research or investigation;/li>
  • 4. When it is necessary to provide information to protect the rights or security of users;
  • 5. Where the information is made public by the Users.

The provisions in the 'Privacy Policy' and 'User Agreement' sections and the changes occasionally made by HDI in these provisions are binding on the parties. Unless otherwise agreed in writing, no claims or rights can be claimed against HDI against these provisions. Regarding any claims on pecuniary and non-pecuniary damages that may arise from the fact that the mentioned terms are not read in the future or are read but not followed in accordance with them, HDI and its agents, the developers of all kinds of content on this Website, their employees, and the persons and organizations authorized by the Website have no legal or criminal liability. HDI reserves the right to unilaterally change and update these terms and conditions at any time by publishing them on the site or sending an e-mail to users without prior notice. The Privacy Policy terms amended by HDI take effect on the date they are published on the Website.

This "Privacy Policy" is an integral appendix and part of the "User Agreement" between the parties, and in case any condition is invalid, the rest of the contract and the "User Agreement" remain valid.