Individuals (“User”) who visit and/or use the website (the (“Website”) at the “www.defacto.com/en-iq” address

• Certain personal data (name, age, e-mail address, etc.) are requested at the Website and Mobile App in order to serve the Users better. Such data collected through the Website and Mobile App are used within the Website and Mobile App in order to be able to carry out campaign studies or special promotion activities aimed for the User's account. Apart from the personal data; statistical data of the transactions made through the Website or Mobile App are analyzed and retained.

• The Company absolutely does not share the data communicated to it by membership forms with third parties, outside of the Users' knowledge or unless they have any instructions on the contrary, and does not use and sell such data for any commercial purposes due to any unrelated reasons.

• The Re-Marketing & Demography and Field of Interest Reporting features of Google Analytics are used in the contents of the Website. Visual Advertising may be excluded from the scope of Google Analytics and the Google Visual Advertising Network advertisements may be customized using the advertisement settings. The Demographic data provided by Google Analytics are used to customize the Website and the advertisements on the Website, if any, according to the fields of interest of the Users. Such data may be shared with advertisement publishers, together with the data of other Users, while they are being used in target mass studies. Such data do not include any personal data (name, surname, National Identification No., gender, age, etc.) in any ways; they are used to make studies regarding User trends and compile the target mass. The sharing of anonymous data with advertisement publishers for advertisement and promotion purposes is approved upon accepting this Use Agreement.

• Third party providers, including Google, shall display the Website and Mobile App advertisements in the banner areas they provide at the publisher sites on the internet. First party cookies and third party cookies are collectively used by the Website and third party providers, including Google, to collect information regarding the advertisements, and to optimize and publish the advertisements as based on the past visits of the visitors to the Website and Mobile App.

• Personal User data shall be disclosed to public authorities solely under circumstances where they are demanded by court order and such disclosure is compulsory as per the mandatory legislation provisions.
   
• The User credit card data requested on the payment page are not kept on the servers of the Website and Mobile or third party service provider companies in order to maintain the security of Users who purchase from the Website and/or Mobile App at the highest level. Thus, it is ensured that all transactions aimed for payment are realized between the related bank and the device used by the User, through the Website and Mobile App interface.

• By approving this Use Agreement, the User confirms that the data he has shared with the Company are his personal data and such data may be shared with other legal entities that are affiliates of the Company in order to be able to carry out sales and marketing activities and provide proper notification to any communication devices.

• It is always possible to be removed from the e-mail sending list by clicking the "Please click if you do not want to be informed about the campaign announcements." link at the bottom of the e-mails sent within the scope of Website membership or by leaving the "I would like to be informed about campaigns and opportunities" option blank in the "Update Membership Data" field in "My Account" section on the Website.

• The Member expressly consents for his personal data to be processed and transmitted to third parties within the scope of the South Iraq Law and as covered under the Civil Code. Personal data shall continue to be processed as long a membership is continued.

• The Data Supervisor is Kimmat Al-Zok Genel Tic. ve Elbise Ticareti Ltd. Şti under the Law and accepts to comply with all its liabilities and obligations in the Law.

• The personal data of the Member are processed in order to offer a better shopping experience, collect and compile statistical data, improve commercial activities and fulfill the liabilities that the membership agreement encumbers the Company with and similar purposes.

• The Member accepts, declares and undertakes that he has expressly consented to the transmission of his personal data to third parties to be determined by the User, domestically or abroad, in order for such data to be retained, stored and processed for any purposes.

• The Personal Data of the Member are collected through this application form or on electronic media, if deemed necessary.

• At any time, the Member is entitled to apply to the Data Supervisor Company under the Law and find out whether his personal data have been processed or not, request information about his processed personal data – if any, find out about the purpose of processing personal data and whether such data have been use as fit for such purposes or not, know the third parties to whom his personal data have been transmitted, request the correction of errors in his personal data and, if transmitted, request such correction to be demanded from the related third parties, request his data to be deleted, destroyed or anonymized upon the elimination of causes necessitating the processing of personal data and, if transmitted, to ask for this request to be communicated to the third party to whom they have been transmitted, challenge a negative result related with the individual as a result of processed data, claim damages under the laws in case any damages are incurred due to processing of data as contrary to the Law.

‘’DeFacto’’ and ‘’Defactofashion’’ are the registered trademarks of DeFacto Perakende Ticaret A.S. who has the sole ownership of Kimmat Al-Zok Genel Tic. ve Elbise Ticareti Ltd. Şti. and iqs.defactofashion.com/m.iqs.defactofashion.com website is the internet store of DeFacto. Access to this Website (iqs.defactofashion.com/m.iqs.defactofashion.com), the use of this Website and products and services accessed through this Website are subject to the following terms, conditions and notices. You are assumed to have accepted all Service Conditions, which may be revised by us from time to time, by using the services. We would like to recommend you to check this page regularly in order to be informed about any revisions that may have been made in the Service Conditions. Access to the Website has been provided temporarily and we reserve the right to withdraw and modify the services without prior notice. The inability to access the Website at any time and for any reasons, regardless of how long, is not under our responsibility. We may restrict access to certain or all parts of the Website from time to time. DeFacto shall be entitled to correct, remove or revise the Services and/or any pages of this Website, solely at its own discretion, at any time and without prior notice.

You may find our confidentiality policy explaining how we will use your data in our Confidentiality Policy section. By using this Website, you are deemed to have approved the transactions made here and the accuracy of the data you have provided.

We shall not be held liable for any damages or losses caused by denial of service attacks, viruses or other technologically malicious materials that may contaminate your computer hardware, computer programs, data and your other materials due to your use of the Website or downloading any materials on this Website or any other sites, links to which are provided on this Website.

The Intellectual Property Rights of all software and contents offered to you on or through the Website shall remain as DEFACTO property and are protected by copyright laws and treaties worldwide. DEFACTO keeps all such rights reserved. You may only store, print and view the contents provided for your personal use. You may not publish, process, distribute any contents that are offered to you or viewed on this Website or the copies of such contents, or reproduce such in any way and in any format, or use any such contents in relation with any business or commercial establishment.

You are deemed to have accepted to purchase the product under and as subject to the following terms and conditions, upon placing an order. The product is required to be available and the order price to be conformed in all orders. The periods to dispatch for distribution vary depending on whether the product is available or not, and any assurances or statements regarding the delivery period are limited to deliveries in South Iraq and may be subject to delays due to delays in the mail or force majeure that are beyond our responsibility. Please read the Delivery policy for detailed information. You are required to be above 18 years of age and hold a valid credit card or a debit card issued by a bank that is acceptable for us in order to be able to enter into a contract with DeFacto.Our customers, who do not have a credit card or debit card, may benefit from the 'cash on delivery' option. DeFacto reserves the right to reject any requests from your side. You will be notified by e-mail if your order is approved. You are deemed to undertake that all data you have provided to us while placing your order are true and complete, you are the authorized user of the credit or debit card you have used while generating the order and you have adequate monetary resources to cover the cost of the goods. All prices that are advertised are subject to such changes.

You will receive an approval e-mail confirming the receipt of your order, when you place an order. This e-mail shall solely qualify as a confirmation on that your order has reached us but shall not mean that your order has been accepted. A contract shall not be generated between you and us until we send you an e-mail confirming that the products you have ordered have been dispatched for distribution. Only the products indicated in the confirmation e-mail sent at the time the products are dispatched for distribution shall be included in the contract.

Although we strive for all information, explanations and prices viewed on the Website to be accurate and assure you in this respect, errors may still occur. If we determine an error concerning the price of any product you have ordered, we shall notify you about this circumstance as soon as possible and offer you the option to re-confirm your order over the correct price or cancel the order. We will process the order as canceled if we are unable to reach you. If you cancel your order and have paid the price of the products, the total amount you have paid will be reimbursed to you. The prices include VAT when applicable.

Payment with Credit Card or Debit Card is not provided in the moment at the Website. After declaration of providing that service; upon receiving your order that you have generated with your Credit card or Debit card, we subject the card you have used for the payment to a standard preliminary provision check in order to make sure that you have the adequate funds to perform the transaction. Products are not dispatched for distribution before the preliminary provision check is completed. The cost shall be debited to your card after the order is accepted. Approval is received by SMS in orders generated with the Cash on Delivery option. You are required to enter the password that will be sent to your cell phone in the related field on our website. SMS approval is obtained in order for the order to be delivered to the correct person safely. The payment shall be collected in cash at the customer's door by the courier company.

Gift checks may be designated to the account holders. Gift checks are only valid for purchases made through the accounts where they are designated. The gift checks are solely valid in purchases made from this Website, depending on the terms and conditions for use. They are not valid in DeFacto stores.

We also offer promotion codes as applicable for any or certain purchases made through this Website from time to time. The discount codes are solely valid in purchases made from this Website, depending on the terms and conditions for use. They are not valid in DeFacto stores.

Money Points may be defined for account holders. Money Points are only valid for purchases made through the accounts where they are designated. Money Points are solely valid in purchases made from this Website, depending on the terms and conditions for use. They are not valid in DeFacto stores.

Our liability for the products you will purchase through our Website is subject to Sales Conditions. All due care has been taken in the preparation of the contents of our website. However, we shall not be liable for errors or shortages or technical problems you may encounter in our website. If we are informed on the presence of an error in the contents of our website, we shall try to correct this as soon as possible. We do not accept any liabilities for any damages and losses (arising from the contract, negligence or any other reasons) that may be incurred by you or a third party in connection with our website or any site that our website provides links to, to the extent permitted the laws. This circumstance does not affect our liability for the Products you have purchased through our website. The Conditions for use do not affect your legal rights.

If any part of the Service Conditions (including provisions where we do not accept any liabilities to you) become unenforceable, any other parts of the Service Conditions shall remain unaffected and the remaining provisions shall fully remain in force. In case it is possible to severe all or a part of any article/item in such a way that the remaining parts shall remain valid, the article shall be interpreted in that way. You are deemed to have accepted that the article shall be corrected in place of that and the article/item shall be interpreted in a way that is similar to the actual meaning to the extent permitted by the laws.

If you have violated these conditions and we have not filed suit, we still shall be entitled to exercise our rights and legal remedies in another circumstance where you violate these conditions.

These terms and conditions shall be construed according to the laws of the South Iraq, and in case of any disputes or claims in connection with these conditions, such dispute or claim shall be subject to the exclusive jurisdiction of the South Iraq Courts.

You are required to enter your account and password data (log-in data) in order to access your data recorded on our website. You are responsible to protect the confidentiality of your log-in data and other transactions made under your account. You are required to notify us by promptly by contacting Customer Services, if you have any concerns regarding your log-in data or believe that they are abused. You may deactivate your account at any time you may wish.

You should not abuse our website by intentionally spreading viruses, Trojan horses, worms, software bombs, key loggers, spyware, computer software containing advertisements, or malware or other technologically harmful software. You should not attempt any unauthorized access to the website, the server where the website is stored or any other servers or websites linked to the website, any computer or database. You should not attack the website through denial of service attack or distributed denial of service attack. You may have committed a criminal offense in case you violate this provision. Such violation shall be reported to law enforcement bodies and we shall cooperate with them by disclosing your identity. Your right to use the website shall be terminated promptly in case of such violation.

We always aim to satisfy our customers as iqs.defactofashion.com. However, you may contact us through our customer services number or our support e-mail in case you are not satisfied with any aspect of our website or the offered services and would like to file a complaint. Personal Data Protection Our valuable customer; Our Company has the title of Data Supervisor and carries out necessary conformity works to carry out the obligations necessitated by this title. Within this frame, your personal data shall be kept by our Company Defacto Brand (Kimmat Al-Zok Genel Tic. ve Elbise Ticareti Ltd. Şti and processed within the frame of your approval during your membership as per this Law and its application decree. We would like to inform you that your Personal Data shall be used by us to provide you a better shopping experience, collecting and compiling statistical information and develop commercial activities. Within this scope you can apply to our company which is the data supervisor whenever you want and use your rights specified below. According to this, our customers whose personal data were processed have a right to; • Find out whether his/her personal data are processed or not, • Request processed personal data and information regarding them, • Find out about the purpose of processing his personal data and whether they have been processed for the purpose or not, • Know the third parties to whom the personal data transferred, request change of the mistakes on the personal data and if there is a transfer, to request this correction from the third party, • Request deletion, removal or Anonymization of the personal data if the cases which require processing personal data are disappeared and if a transfer was made, to request conveying this request to third party, • Reject negative results of the processed data regarding the person,

The owners of personal data defined as concerned persons (to be hereinafter referred to as “Applicant”) to certain requests regarding the processing of their personal data. The applications that will be made to our Company, which is the data supervisor, regarding these rights are required to be made in writing or communicated to us by the writing electronically or directly in local. Within this context, the applications that will be made our Company in "writing" may be communicated by taking a print-out of this form, and; • With the personal application of the Applicant, • Through the notary public, • Or as signed with the "secure electronic signature" and sent to us through our registered electronic email adress. Specific information on the written application channels, through which the written applications may be sent to us, is provided below. These requests can be sent to our company by completing Customer Services Communication Form in our website. Assessments regarding your request shall be finalized as soon as possible according to the quality of the request and within thirty days at most and will be sent to you in writing or in electronic environment. For PDP Application form please click here.