PRIVACY POLICY

This Confidentiality Agreement (hereinafter referred to as the "Agreement") is made and entered into on 05.11.2024 by and between the following parties:

First Party: Lara Arı, residing at Yenişehir Mahallesi Barajyolu Caddesi Sinpaş Koru Residences, acting on behalf of herself.

Second Party: The Customer/User, residing at the registered address of the customer/user (hereinafter referred to as the "Second Party").

The First Party and the Second Party shall hereinafter be referred to individually as a “Party” and collectively as the “Parties.”


Article 1 – PURPOSE

1.1 This Agreement comes into effect on 05.11.2024 and remains valid until 05.11.2025. 1.2 The purpose of this Agreement is to govern the confidentiality of information shared between the Parties in connection with commercial transactions conducted between the LARA ARI brand and its customers. 1.3 This Agreement allows the Parties to share certain Confidential Information with each other during meetings for use if needed. 1.4 The Agreement is designed to determine the procedures for the exchange of confidential information and establish the rights and obligations of the Parties regarding the protection of such information. 1.5 This Agreement does not oblige the Parties to disclose or provide any documents or information to each other.


Article 2 – DEFINITION AND SCOPE OF CONFIDENTIAL INFORMATION

2.1 "Confidential Information" under this Agreement refers to all proprietary or trade secret information exchanged between the Parties, including, without limitation, design data, technical information, trade secrets, ideas, inventions, projects, drawings, models, software programs, algorithms, source code, specifications, user guides, marketing information, customer lists, forecasts, financial reports, contract terms, and any related information or materials about the disclosing Party, its shareholders, affiliates, licensees, customers, and advisors. 2.2 Confidential information that is disclosed orally, visually, or through models and examples and is indicated as confidential will be treated as "Confidential Information" and processed accordingly within the scope of this Agreement. 2.3 Oral information designated as confidential by the disclosing Party at the time of disclosure shall be treated as Confidential Information. 2.4 Specific types of information, including customer identity, contact information, purchasing preferences, and payment information, are classified as Confidential Information under this Agreement.


Article 3 – NON-CONFIDENTIAL INFORMATION

3.1 "Disclosing Party" is the Party revealing Confidential Information, while "Receiving Party" is the Party receiving the Confidential Information. 3.2 The Receiving Party will have no responsibility or liability for the use of any Confidential Information that:

  • 3.2.1 Was already known to the Receiving Party before receipt, as proven by evidence.
  • 3.2.2 Was independently developed by employees of the Receiving Party without knowledge of the disclosed Confidential Information, as proven by evidence.
  • 3.2.3 Is or becomes publicly known without any fault of the Receiving Party.
  • 3.2.4 Was lawfully obtained from a third party not bound by confidentiality obligations, provided adequate checks have been made.
  • 3.2.5 Must be disclosed to the government by law, upon prior written notification to the Disclosing Party.
  • 3.2.6 Has been approved for publication or use by written permission from the Disclosing Party.

Article 4 – TERMS OF USE OF CONFIDENTIAL INFORMATION

4.1 The Receiving Party agrees to the following conditions regarding the protection and use of Confidential Information during the term of this Agreement:

  • 4.1.1 To use Confidential Information solely for the purpose for which it was provided.
  • 4.1.2 To disclose Confidential Information only to employees who need to know it for the purposes of this Agreement, ensuring their compliance with the terms hereof.
  • 4.1.3 To protect and preserve the confidentiality of the disclosed information with the same level of care as it uses to protect its own confidential information.
  • 4.1.4 Not to disclose Confidential Information to any third party without written consent from the disclosing Party.
  • 4.1.5 To refrain from copying or reproducing Confidential Information except as necessary, and to mark any copies with appropriate confidentiality notices.
  • 4.1.6 To ensure that any third-party recipients of Confidential Information are bound by confidentiality obligations similar to those in this Agreement.

Article 5 – OWNERSHIP OF CONFIDENTIAL INFORMATION

5.1 Each Party retains ownership of its Confidential Information and the rights therein. Nothing in this Agreement grants any rights, licenses, or intellectual property rights to the Receiving Party over the disclosing Party's Confidential Information.


Article 6 – PARTY OBLIGATIONS

6.1 "Disclosing Party" is the Party disclosing Confidential Information, while "Receiving Party" is the Party receiving it. 6.2 The Parties agree that:

  • 6.2.1 The Disclosing Party will provide necessary information and documents to the Receiving Party.
  • 6.2.2 The Receiving Party will ensure confidentiality by only sharing information as needed with authorized employees.
  • 6.2.3 The Receiving Party will be liable for any breach of confidentiality by its employees or contractors.
  • 6.2.4 If information disclosed under this Agreement is improperly disclosed, the Receiving Party will be responsible.
  • 6.2.5 The Receiving Party will take all necessary precautions to prevent unauthorized disclosure of Confidential Information.

Article 7 – REQUIRED MEASURES

7.1 If a Party learns of unauthorized disclosure of Confidential Information, it must immediately notify the other Party in writing.


Article 8 – RETURN OF MATERIALS CONTAINING CONFIDENTIAL INFORMATION

8.1 All materials containing Confidential Information must be returned to the respective Party upon termination of the commercial relationship or upon written request.


Article 9 – DISCLOSURE OF CONFIDENTIAL INFORMATION

9.1 Neither Party may disclose Confidential Information to third parties without written consent, except as required by law.


Article 10 – PENALTY CLAUSE

10.1 In case of a breach of confidentiality, the breaching Party shall be liable to pay a penalty of 10,000 TL to the other Party.


Article 11 – TERM

11.1 This Agreement becomes effective as of the date of signing and remains valid until terminated as specified.


Article 12 – ASSIGNMENT

12.1 Neither Party may assign this Agreement to third parties without prior written consent from the other Party.


Article 13 – NOTICES

13.1 Notices to the Parties shall be made in Turkish to the addresses stated above via registered mail with return receipt.


Article 14 – TERMINATION

14.1 Either Party may terminate the Agreement unilaterally without liability for damages in case of breaches as outlined.


Article 15 – FORCE MAJEURE

15.1 Events of force majeure that prevent the fulfillment of this Agreement may lead to its unilateral termination without liability.


Article 16 – PARTIAL INVALIDITY

16.1 If any provision of this Agreement is found invalid, this does not affect the remaining provisions.


Article 17 – AMENDMENT

17.1 Any amendment to this Agreement must be made in writing.


Article 18 – DISPUTE RESOLUTION AND JURISDICTION

18.1 The laws of the Republic of Turkey govern this Agreement, and disputes shall be resolved by the Turkish courts.


Article 19 – EFFECTIVE DATE

19.1 This Agreement is effective as of the date of signing and shall remain in effect until terminated as stipulated.


Signed on 05.11.2024 in two copies, each Party retaining one copy.


Lara Arı
Representing herself


Customer/User