Voluntary Participation (IPS) Auto Enrollment System (AES) Funds Legislation Data Center

Legal Notice

TERMS OF USE

The content of this website has been produced and published by the “PENSION MONITORING CENTER,” (hereinafter referred to as “PMC”), which has been commissioned to ensure the safe and effective operation of the individual pension system and to protect the rights and interests of the participants. Your use of the website and your access to its content is subject to your acknowledgment and acceptance of any and all other announcements and policies referred to under these terms and conditions of use. By accessing our website, you unconditionally and irrevocably accept all these terms and conditions of use, the privacy policy, announcements and policies.

RIGHTS AND OBLIGATIONS

All copyright and other intellectual property rights of all texts, images, software and other materials on this website belong to the PMC or are incorporated into the site with the permission of the respective right owner(s). No information contained on the website, including the source code and software, may be processed, amended, copied, reproduced, republished, uploaded to another computer, mailed, forwarded, re-posted or distributed without prior written consent and proper source citation. You hereby acknowledge and warrant that you shall not reproduce, copy, distribute or process, using any devices, software and other scripts (including the use of infected files), the images, texts, visual and audio signs, files, databases, catalogs and lists posted on the website in any manner which may cause a violation of the personal or similar rights of the PMC and/or other third parties, or otherwise may interfere with the operation of the website.

Any unauthorized access or attempt to access the PMC networks in any way, form or manner is prohibited. You can only perform legally sanctioned transactions on the PMC website. You bear the sole and full legal and criminal responsibility for any and all of your transactions and actions undertaken on the website. You hereby agree to abide by the Turkish Penal Code, the Turkish Commercial Code, the Code of Obligations, the Law No. 5651 on the Regulation of Publications on the Internet and Suppression of Crimes Committed by Means of such Publications, the Law on Intellectual and Artistic Works, the Law on Industrial Property, and the Law on the Protection of Personal Data, all notices and regulations, any relevant legislative provisions in force and notices to be issued by the PMC regarding the use of the website.

You are responsible for keeping confidential the System Access Tools (username, password, code, etc.) that you use to access applications and services on our website. The right to use the System Access Tools has been exclusively granted to you alone and you are responsible for not disclosing this information to third parties. You are responsible for the results of the use of the System Access Tools by a third party using System Access Tools disclosed by you. The PMC is not required to determine the identities of persons who make such unlawful uses. Without prejudice to the foregoing, you agree, acknowledge and warrant that you are responsible for the use of this information by a third party and its results, and that the transactions performed through the use of this information shall be binding on you. You are required to inform the PMC immediately, if you find out that your password has been stolen or used by others.

We reserve the right to deny you access to the website without any further notice in the event of a breach of the rights and conditions set forth herein.

DISCLAIMER OF LIABILITY

The information, reports, graphics and similar electronic documents contained in this website are prepared by the PMC through compilations obtained from the pension companies and related institutions and organizations in order to inform the public without accruing any material benefits. The accuracy of these electronic documents on the website is not guaranteed against any inconsistencies caused by typographical errors, software errors, transmission errors, systems failures or malicious attacks, and this information is not intended to provide any discernible returns. The statements contained on the website do not constitute a legal commitment and are not legally binding.

Therefore, the PMC shall not be held responsible for any kind of monetary/non-monetary damages/losses and expenses arising directly or indirectly from the errors or omissions contained in the electronic documents on this website or from the transactions completed based on these documents.

The PMC and/or its employees shall not be held responsible for any damages, losses or expenses directly or indirectly caused by failures, errors, omissions, disruptions, defects or transmission delays in the use of this website, including, but not limited to, the damages, computer viruses or connection/line or system failures, even if they have been informed of the possibility of such damages/losses.

In line with this information, the PMC shall not be liable in any way, form or manner, for any errors, or monetary/non-monetary damages arising from the information and visual material in the content of this website.

The PMC reserves the right to unilaterally amend the content of the website, delete or prevent the access to the information and contents uploaded to the system by third parties. The PMC may exercise this right at any time without giving any prior notice. If the amendments and/or corrections requested by the PMC from the related parties are not completed within the specified period of time, then the PMC shall not be responsible for any losses already incurred or to be incurred.

Although the PMC has taken the proper anti-virus precautions on its website, it does not provide any guarantee. It is recommended to take the necessary precautions to protect against viruses before downloading any information, document, application and so on.

USE AND PROTECTION OF INFORMATION AND PRIVACY COMMITMENT

The protection of the personal data owned by you, our stakeholders and third parties is very important for our Company, and this responsibility has been assigned to our Company by law as well as by our articles of association. For this reason, all kinds of information exchange via our website is encrypted by using HTTPS technology. At the same time, the SSL certificate is checked and verified when the SSL connection between the client and the server is established. Thus, the information provided cannot be viewed by other people on the internet. This protection does not apply to information sent via email.

The information shared by the users is protected in terms of its confidentiality in the same way we care for and use due diligence for our trade secrets, and all kinds of technical and administrative measures required to ensure the appropriate level of security are taken to prevent unlawful processing or access.

When you access the website, your IP address, access date and time are automatically saved. Such information may be used for legal purposes, including but not limited to marketing and dispute resolution.

The PMC processes your personal data (name, nickname, email address, and so on) and your private personal data (race, health, biometric and genetic data, and so on) in its capacity as data controller and/or data processor, in accordance with the applicable local laws and legal regulations. By logging onto this website, you allow the transfer of your personal data and private personal data to parties in or out of the country, provided that the transfer is completed in accordance with the legislative principles, terms and procedures related to the protection of personal data. The personal data and private personal data shared here can be processed and transferred for the purposes of statistics, pricing, sales and marketing, in order to provide the Ministry of Treasury and Finance (“Ministry”) with the data to support its decision making, upon authorization and commissioning by the Ministry; provide reliable information to the private pension companies and the public, which will receive service under written permission from the Ministry; daily monitor the activities of pension companies in electronic media and report to the competent public authorities; consolidate the information derived from the transactions completed by the pension companies; store the participant information and agreement information in electronic media; protect the confidentiality; inform the public and the participants; produce statistics; analyze the individual pension system; complete the individual pension system examination of the solicitors; meet the requests for joint promotion, training programs, software and similar issues; and create the data to enable the system to operate in a reliable manner and allow timely actions to be taken to prevent potential problems.

As personal data subjects, you may review the “Pension Monitoring Center Personal Data Protection and Processing Policy” section for more-detailed, publicly-shared information. If you submit requests regarding these rights using the methods set out in the same policy, your request will be processed and concluded by our Company free of charge, and you will be notified as soon as possible − within 30 days at the latest − depending on the nature of your request. However, if the transaction requires additional costs, you will be charged according to any tariffs set by the Personal Data Protection Board.

OTHER TERMS OF USE

The provisions contained in these terms of use and the amendments made to these provisions by our company from time to time constitute the entire legal relationship established between you and our company, binding all the parties. Unless otherwise agreed in writing, no claims can be made or rights can be claimed against our Company in violation of these provisions.

All the data shared through this website is for information purposes, and in the case of any conflicts, the PMC records shall prevail. No requests can be submitted to the PMC by citing the data shared on the website as the source, and likewise, no litigation or similar legal remedies can be brought against the PMC based on such data.

It is hereby agreed, acknowledged and warranted that, in any dispute arising from the use of or access to this website, the electronic and system records, business records, commercial records, bookkeeping records and computer records maintained by the PMC on its database and servers shall constitute a legally binding, definitive and exclusive evidence, and this article shall constitute an agreement of evidence in the context of article 193 of the Code of Civil Procedure.

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