AZURINE YATÇILIK DANISMANLIK TURIZM VE TICARET ANONIM SIRKETI and YACHTCREWTURKEY.NET WEBSITE CANDIDATE/ EMPLOYER CLIENT SERVICE AGREEMENT
I. ABOUT THE AGREEMENT
This Agreement applies all the employment-oriented services provided through the platform (“Platform”) currently existing on the domain name www.yachtcrewturkey.net, including the data collection activity directly in connection with such services within the Platform and the research and marketing activities carried out outside the Platform, and all the other services (“Services”) that are mentioned as provided under this Agreement. The job-seeking registered users of our services are referred to as “Candidate”, and employee-seeking users are referred to as “Employer-Client”.
III. PROVISIONS REGARDING THE USE OF PLATFORM
Candidate gives permission to the Company to set up an account and a profile for the Candidate using all the information given in the membership form (“form”) within the scope of membership including the background information that the Candidate has shared in the Platform. Any legal, punitive and/or administrative responsibility that may arise in relation to the information contained in the form and the background shall lay with the Candidate in person. Candidate may, at any time, update the background information in the Platform. Candidate hereby agrees in advance that once the updating of the background information is completed, Employer Client will see the most current information in the job advertisement applications that are made as of such date and the ones that have been made prior to such date. Candidate hereby agrees in advance that with the “Open Background” feature on the Platform, the Candidate may on his/her own initiative, open certain information s/he chooses in his/her data ( personal data and / or sensitive personal data data) for public search on the internet, and will be able to turn off such feature, however his /her background information and therefore his/her normal and / or sensitive personal data data will become open to public during the times this setting is on, and the Company shall have no responsibility, liability whatsoever relating to the personal data and / or sensitive personal data that has been communicated this way. In order for you to be informed regarding your rights pertaining to processing of your personal data and your consent relating to the same, you may refer to the Information Text and the related part within the Agreement. Candidate hereby agrees in advance that his/her personal information and background can be viewed by the site users, and Yachtcrewturkey.net will be entitled to share such information with the related people as long as the candidate sets his/her background “active”. When the Candidate enters any information by following the links given on the Platform, The Company shall have no responsibility pertaining to the contents, accuracy, confidentiality and / or protection of such information. Candidate shall be fully responsible for the accuracy of the information s/he has entered. In case such information is wrong/mistaken, the Candidate hereby irrevocably agrees and acknowledges that s/he shall not hold the employer client Yachtcrewturkey.net. Candidate hereby agrees in advance that all the responsibility pertaining to the normal and / or sensitive personal data that has been communicated after the candidate applied to any announcement published on the Platform, passes to the advertiser Employer Client, and the Company has no obligation and/or right to intervene whatsoever in relation to the information communicated through applications to the job advertisements. Likewise, if the candidate wishes his/her normal and / or sensitive personal data that has been communicated to the advertiser Employer Client upon an application made at any date, to be deleted, cleared off and / or be made anonymous, then the candidate should convey his/her such request to the advertiser firm directly. Candidate hereby agrees in advance that the Company has no responsibility and liability whatsoever in this matter.
IV. COMMUNICATION WITH THE CANDIDATE AND EMPLOYER-CLIENT
The Company is entitled to access to the user from his/her email address that has been specified in the Platform registration form by the candidate and the employer client or updated by them later on, and over any other communication record for the purpose of communication, sending notice relating to what’s new and other purposes. Having agreed to this Agreement, the candidate and the employer client hereby agree and acknowledge that the Company shall be entitled to carry out communication activities specific to themselves unless otherwise specified. Candidate and employer client may log off from the e-mail list with just one click either from the account settings or using the “I want to leave the list” link that is sent to their own e-mail.
V. YOUR OBLIGATIONS
In case of breach of your obligations mentioned below, if the Company incurs any damage including those of third party damages, the Company may reflect such damages upon you or commence legal proceedings and actions for the reimbursement of damages, your account may be suspended or closed if required provided that you are informed. The Company evaluates the compliance of the information you have provided with the law and your compliance with your obligations in consideration of your fundamental rights and freedoms such as freedom of expression and reasons for compliance with the law such as public interest. All the information you have entered into the platform should be accurate and up-to-date. You must verify your personal data in case required by the Company. If any change or updating is required in your personal data, you need to update the related parts. Otherwise, such data will be deemed accurate. You hereby undertake not to share with non-related third and / or misuse the personal data which you have been communicated during the application process. Your account belongs to you. For this reason, you hereby agree to (1) choose a strong and secure password; (2) keep your password safe and confidential; (3) not to give any part of your account to anyone, and within this scope (4) to abide by the law and this Agreement. You are responsible in case your account has been hacked even though you have taken all the reasonable measures or for any act in relation to your account except for systematic reasons that are beyond your control. You are not entitled to set up a fake account in this platform by using information belonging to any person. Information, including your background, that you put into this platform shall not be misleading or inaccurate, and shall not include any statement that defames any third party including your former employer, breaches people’s fundamental rights and freedoms or causes unfair competition. You are not allowed to include non-related third parties’ personal data, especially sensitive personal data in the Platform and in your background information unless required and relevant, and you cannot act in breach of the privacy agreements by and between any legal or natural person and yourself. You are not allowed to include any content such as insult, libel, threat, etc. which are deemed as offences within the scope of Turkish Criminal Code 5237. You are not allowed to include contents that encourage acts and organizations that are in breach of the law or that constitute crime. You are not allowed to open more than one account with an aim to deceive, confuse, acquire income illegally or for similar reasons; you are not allowed to put your account on sale or allow others to use your account for their own benefit or for the benefit of third parties. You are not allowed to include any content that will breach intellectual property such as third parties’ brand and patent rights. You agree and undertake that the data of the people whom you mention as reference are shared within the knowledge the referred people and in compliance with their consent, and all the contrary demands and claims of reference owner shall be under your responsibility.
VI. PROCESSING OF PERSONAL DATA
You may get detailed information as to which of your personal data is processed for what purpose from the Disclosure Text. However, the information that you share with us from time to time may involve your sensitive personal data. Within the scope of Law on Protection of Personal Data, your race, ethnic root, political view, philosophical belief, religion, sect or other beliefs, appearance, membership to association, fund or syndicate, health, sex life, penal convictions, if any, and your data regarding your security measures and biometrical and genetic data are your sensitive data.
VII. PRICING AND OTHER CONDITIONS FOR CANDIDATE / EMPLOYER CLIENT
Services provided to the candidate by Yachtcrewturkey.net are and will be free of charge unless otherwise specified in the related section. However, Yacht Crew Turkey may block the CANDIDATE/EMPLOYER CLIENT from using the website only in case of occurrence of the following; and Yacht Crew Turkey’s right of recourse to the Member shall be reserved in respect of any responsibility arising thereof and all claims and demands put forth against Yacht Crew Turkey by third parties and authorized bodies.
1. Uploading of inaccurate, incomplete, misleading expressions that are in breach of public decency and inappropriate photographs,
2. Making attempts that threaten the general security of the site and endanger the site and the software with an aim to access to and use others’ information,
3. Uploading of unrealistic information; private or general notices, advertisement and marketing oriented information,
4. Deletion or amendment of the information announced by third parties,
5. Misuse of publication of notices by institutions and other functions outside the purpose of the site,
6. Use of information on the site for different purpose by copying such information partially or entirely,
7. Use of information such as user’s name and password outside the purpose of the site or sharing such information with third parties/and organization,
8. Member agrees and promises to inform Yacht Crew Turkey with an immediate effect when the member finds out that his/her member account is being used by unauthorized people or his/her password has been hacked,
9. Yacht Crew Turkey shall not be responsible for the members’ passwords, members accounts, users’ names being hacked by third parties.
10. All rights pertaining to all writings, graphics and pictures contained within Yacht Crew Turkey’s website are reserved. They cannot be used without permission. Publishing of any item within this site on another internet site or giving their link without the knowledge of Yacht Crew Turkey is strictly forbidden.
A member, while using the site, hereby agrees to abide by the Turkish Criminal Code, Turkish Commercial Code, Code of Obligations, Law on Intellectual and Artistic Works, Decree Law Concerning the Protection of Brand and Patent Rights and legislative regulations, any related legislation provision that is currently in effect or will be in effect in the future, and the notifications that Yacht Crew Turkey will publish in relation to the Site. Any legal, punitive and financial responsibility arising from the breach of such notices and laws shall lay with the Member.