**MEMBERSHIP AGREEMENT**
Please read these 'terms of site use' carefully before using our site.
Our customers who use and shop on this shopping site are deemed to have accepted the following conditions:
The web pages on our site and all pages linked to it belong to and are operated by ABSOLUTE SPORT SRL at absolutemoto.eu. You ('User'), while using all the services offered on the site, are subject to the following conditions by using and continuing to use the service on the site; You declare and accept that you have the right, authority, and legal capacity to sign a contract according to the laws you are subject to, are over 18 years old, and have read, understood, and are bound by the terms written in this contract.
This contract is indefinite and imposes rights and obligations related to the site in question on the parties. The parties declare and undertake to fulfill these rights and obligations completely, accurately, and on time in accordance with the conditions demanded in this contract when they accept/approve this contract online or in writing.
1. RESPONSIBILITIES
The company reserves the right to make changes to prices and products and services offered at any time.
The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical failures.
The User agrees in advance that they will not reverse engineer the site or perform any other operation aimed at finding or obtaining the source code of them, otherwise, they will be responsible for the damages that may arise before third parties, and that legal and criminal action will be taken against them.
The User is solely responsible for the damages they may incur due to incomplete or incorrect information provided while becoming a member of the site. The company reserves the right to terminate the membership unilaterally without any notification if incorrect information is provided and the terms of this contract are violated by the member.
To improve and develop the website and/or within the framework of legal regulations, the company may collect some information such as the name of the Internet service provider used to access the site, the IP address, the date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that provided a direct link to the site. The User agrees to the collection of this information.
The User agrees that in their activities within the site, in any part of the site, or in their communications, they will not produce or share any content that is contrary to general morality and etiquette, unlawful, infringing on the rights of third parties, misleading, offensive, obscene, pornographic, infringing on personal rights, violating copyright, or encouraging illegal activities. Otherwise, they are solely responsible for the damages that may arise, and in such a case, the 'Site' officials have the right to suspend or terminate such accounts and initiate legal proceedings. If there are requests for information regarding activities or user accounts from judicial authorities, the site reserves the right to share this information with the authorities.
The relationships between the site's members or between members and third parties are their responsibility.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All intellectual property rights, whether registered or unregistered, such as titles, business names, trademarks, patents, logos, designs, information, and methods on this site belong to the site operator and owner company or the relevant party and are under the protection of national and international law. Visiting this site or benefiting from the services on this site does not grant any rights regarding such intellectual property rights.
2.2. The information on the site cannot be reproduced, published, copied, presented, and/or transmitted in any way. The whole or part of the site cannot be used on another internet site without permission. In such a case, the User will be responsible for covering the compensation and other obligations requested by third parties due to damages, including but not limited to court costs and attorney's fees.
3. CONFIDENTIAL INFORMATION
3.1. The company will not disclose personal information transmitted by users through the site to third parties. This personal information includes all kinds of information to identify the User, such as the person's name-surname, address, phone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' shortly.
3.2. The User agrees and declares that the company that owns the site may share their communication, portfolio status, and demographic information limited to use within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement, etc., with its affiliates or the group companies it is affiliated with, and to receive electronic messages in this context either from itself or its affiliates. This personal information may be used to determine customer profiles within the company, to offer promotions and campaigns suitable for the customer profile, and to conduct statistical studies.
3.3. The User has the right to cancel the consent they have given within the framework of this contract without explaining any reason. The company will immediately process the cancellation and cease the user's reception of electronic messages within three (3) business days.
3.4. Confidential Information may only be disclosed to the authorities if requested by official authorities and when disclosure to official authorities is mandatory as per the provisions of the applicable mandatory legislation.
4. NO WARRANTY
THIS CONTRACT CLAUSE WILL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED WITH RESPECT TO SERVICES OR APPLICATIONS (INCLUDING ALL INFORMATION CONTAINED THEREIN).
5. REGISTRATION AND SECURITY
The User must provide accurate, complete, and current registration information. Otherwise, this Agreement will be considered violated, and the account may be closed without informing the User.
The User is responsible for the security of their password and account on the site and third-party sites. Otherwise, the company cannot be held responsible for data loss, security breaches, or damage to hardware and devices.
6. FORCE MAJEURE
If the obligations arising from the contract become unfulfillable by the parties due to reasons not under their control, such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, mobilization declarations, strikes, lockouts, and epidemics, infrastructure and internet failures, power outages (hereinafter referred to as 'Force Majeure'), the parties are not responsible for this. During this period, the rights and obligations of the parties arising from this Agreement are suspended.
7. INTEGRITY AND APPLICABILITY OF THE AGREEMENT
If one of the terms of this agreement becomes partially or completely invalid, the remainder of the agreement continues to be valid.
8. CHANGES TO THE AGREEMENT
The company can change the services offered on the site and the terms of this agreement partially or completely at any time. Changes will be effective from the date they are published on the site. It is the User's responsibility to follow the changes. By continuing to benefit from the services offered, the User is deemed to have accepted these changes.
9. NOTIFICATION
All notifications related to this Agreement will be sent to the known e-mail address of the company and the e-mail address provided by the User in their membership form. The User agrees that the address they specified while becoming a member is a valid notification address, and if it changes, they will notify the other party in writing within 5 days, otherwise, notifications made to this address will be considered valid.
Dear Customers, Potential Customers, and Website Visitors,
At ABSOLUTE SPORT SRL, we place great importance on the protection of your personal data. As the "data controller," we would like to inform you about your personal data and the processing procedures.
### WHAT PERSONAL DATA DO WE PROCESS
- Your identity information
- Your contact information
- Details regarding your use of the Site (your behaviors, transactions, preferences, products visited, etc.)
- Your assigned Username and Password
- Your company information (Company name, phone number, address)
### Upon the Establishment of the ........... Agreement:
- Your identity information (Full Name, Date of Birth, ID Number)
- Your contact information (Address, email address, phone number)
- In case you request an invoice and share with us (ID Number, Tax ID Number)
- If you make a payment via credit card, for processing and sending to the Payment Institution
- If you choose Bank Transfer as the Payment Method, information related to your Bank Iban and the bank you used
### If You Are a User:
- Your assigned Username and Password
- Your company information (Company name, phone number, address)
- Records of the services provided by our company (Request and Complaint Management)
- Records created by forms related to your complaints
- Information regarding your customers generated within the framework of the electronic commerce system provided, without determining the purposes and means of processing, only for storage and system usage
### If You Provide Electronic Commercial Communication Permission:
- Your identity information (full name)
- Your contact information (address, email address, phone number)
- Details regarding your use of the Site (your behaviors, transactions, preferences, products visited, etc.)
- Your marketing information (Date of Birth, Site usage, shopping habits, demographic member/user/customer information, shopping habits/preferences for any product and service, likes and related comments, campaigns benefited, surveys, and their contents, invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amount, etc.), old and new mobile/home/business phone/fax numbers, email addresses, cookies, web browser information, IP, beacon, wired/wireless network connection information, etc.)
### PURPOSES OF PROCESSING YOUR PERSONAL DATA
Your personal data can be processed in accordance with the relevant legislation on the protection of personal data for the following purposes:
#### General Purposes:
- To solve your issues and complaints if you contact us and to communicate with you if necessary, by processing your identity and contact information.
- To fulfill our obligations arising from the legislation, to comply with our legal obligations especially regarding information security with authorized and responsible public institutions and organizations, by processing your identity, contact, invoice, and shopping information.
- To exercise our rights in any legal disputes arising from the contract, against official institutions and organizations such as courts, enforcement offices, arbitration boards, by processing your identity, contact, invoice, and shopping information.
- To differentiate the records created in our system regarding you from the records of other customers and to enable you to benefit from post-sale operational processes without presenting an invoice/receipt, by processing your identity and contact information.
- To issue an invoice upon your request, by processing your identity and invoice information.
- If you want to make a payment with a credit card, to receive the payment by processing your credit card information (credit card information is transferred to the payment institution without being stored).
#### To Fulfill Our Storage Obligations Arising from the Legislation by Processing Your Identity, Shopping, and Invoice Information
#### If You Are a User:
- To ensure the improvement of our product and to respond to your requests instantly within the User Complaint and Request Form framework,
- To follow up regular payments and manage your account information and to manage your Electronic Commerce environment,
- To ensure the execution of your sales if you are a user and to manage your electronic commerce site,
- To manage your requests within the provided service and to ensure the best electronic commerce service for Users with the best service principle,
- To manage your electronic commerce site with business partners on our website or upon your request.
#### If You Provide Electronic Commercial Communication Permission
- We process your identity, contact, shopping, and marketing information to create/conduct general or personalized campaigns, advantages, promotions, advertisements, notifications, marketing activities, and any kind of commercial communication activities aimed at you.
### METHODS AND LEGAL REASONS FOR COLLECTING YOUR PERSONAL DATA
Your personal data is processed by ABSOLUTE SPORT SRL through your transactions on the Site, regarding your requests and complaints, or with your purchases on the Site, all kinds of shopping, collections, deliveries, transactions, filling out surveys, through automatic methods or electronic systems, within the framework of your Electronic Commercial Communication Permission.
As ABSOLUTE SPORT SRL, we collect your personal data based on the legal reasons of "necessity of data processing for the establishment and execution of the contract" concerning processes on the Site, "necessity of data processing to fulfill a legal obligation" regarding our storage obligations arising from the legislation, "necessity of data processing for the legitimate interests of the data controller" for processing your data. If you are a user, we process your data for the necessity of data processing for the establishment and execution of the contract and to follow up on your requests and complaints based on the necessity of data processing for the exercise of the right. In case you provide Electronic Commercial Communication Permission and for offering you new services, we collect your data based on the legal reasons of explicit consent.
#### Presence of Explicit Consent:
- It is explicitly prescribed by the legislation to which our company is subject,
- Processing of personal data of the parties to the contract is necessary, provided that it is directly related to the establishment or execution of the contract, for offering the requested products and services and fulfilling the requirements of the contracts you have entered into,
- It is necessary for the fulfillment of a legal obligation,
- It is made public by the related person,
- It is necessary for the establishment, exercise, or protection of a right,
- Processing of data is necessary for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the relevant person.
Personal data other than health data can be processed without explicit consent in cases prescribed by the law, and health-related personal data can be processed without explicit consent only by persons or authorized institutions and organizations under confidentiality obligations, for the purpose of protecting public health, conducting preventive medicine, medical diagnosis, treatment, and care services, and planning and managing health services and their financing.
### TRANSFER OF YOUR PERSONAL DATA
As ABSOLUTE SPORT SRL, we transfer your personal data to:
- Domestic and international business partners and service providers for receiving services such as information technologies, marketing activities, or consultancy requiring expertise, for support in personal data collection processes (call center, data collection services via devices, marketing consultancy, database, electronic communication tool service providers, consultancy, etc. service providers), or if our domestic business partners' servers are located abroad,
- Our dealers and business partners for resolving your orders and other product requests made through the Site,
- Relevant information, documents, and other obligations to competent and authorized public institutions and judicial authorities, and for using our legal rights such as providing information and documents and responding to legal requests,
- Relevant banks, electronic payment institutions, and third parties providing services such as credit card payments, without recording credit card information.
### YOUR RIGHTS
Pursuant to Article 11 of the Law, you have the right to:
- Learn whether your Personal Data is processed,
- Request information if your Personal Data has been processed,
- Learn the purpose of processing your Personal Data and whether they are used in accordance with their purpose,
- Know the third parties to whom your Personal Data is transferred domestically or abroad,
- Request correction of your Personal Data if it is incomplete or incorrectly processed,
- Request the deletion or destruction of your Personal Data within the framework of the conditions stipulated,
- Request the notification of the correction, deletion, or destruction of your Personal Data to third parties to whom your Personal Data has been transferred,
- Object to the emergence of a result against you by analyzing the processed data exclusively through automated systems,
- Request compensation for the damage if you suffer damage due to the unlawful processing of your Personal Data.
### CONTACT
You can submit your requests to the email address clienti@absolutesport.it allocated for the said application procedure by ABSOLUTE SPORT SRL as the Data Controller, in writing, from your registered email address in the System (we remind you that the relevant request should be made following the procedure required by law, if applicable).
Address:
Phone: