LEGAL NOTICE & DISCLAIMER

The following articles explain the rules for people visiting the www.yapi-yapi.com website. This website is the property of Yapı & Yapı Construction - Contracting Industry and Trade Inc. Users visiting the site will be deemed to have accepted the following terms for all purposes and circumstances, without being limited to what is written.

Users may use the information and documents on this site for information purposes only. The information available here cannot be partially or completely copied, distributed, rented, reproduced, used under a sub-license, modified, stored for future use, used for commercial purposes or used in any way without the prior written permission of Yapı & Yapı. Access to this site is free and anonymous. Modifiying any content on this site will result in criminal penalties.

Yapı & Yapı does not accept any responsibility for damages and / or losses arising from the information published on the website or the transactions made based on the information or the inability to access the site. The publication of this website does not include any commitment to any person and / or organization in any matter. All responsibility for any decision to be made in the light of the information on the site belongs to the person visiting this site.

Yapı & Yapı cannot be held responsible for any direct or indirect losses or damages that may arise from accessing the Yapı & Yapı website or accessing and using any linked websites.

All information, tables, comments and recommendations on the site and all links are provided for the purpose of informing the user. Yapı & Yapı has made every reasonable effort to ensure that the information on this website reflects the current situation. Regarding the revision or correction of the information on this site; Yapı & Yapı is the sole authority to revise, change, correct and remove the information on the site at any time without prior notice and reserves all rights in this regard. Yapı & Yapı shall not be held liable for failing to update the information on the site to include accuracy for various reasons, delay in revision, possible inaccuracy or defect or change on the site.

The copyrights of all the information or expressions (such as designs, pictures, logo, etc.) on this site belong to Yapı & Yapı. They cannot be used without the written permission of Yapı & Yapı. In disputes that may arise from the use of the site and its content, the text of the Turkish Terms of Use will be taken as the basis, and in such a case, Yapı & Yapı declares that it will use all kinds of legal rights.

Users who send information including questions, comments, suggestions or similar feedback data regarding the content of any published Yapı & Yapı document agrees that this information will not be treated as confidential. Yapı & Yapı shall not have any liability regarding such information and has unlimited right to produce, use, disclose and distribute the information to others. Any idea, concept, know-how or technique contained in such information may be used by us for any purpose. We may use this information, including but not limited to, in developing, manufacturing and marketing a product containing this information.

TERMS OF USE AND PRIVACY

In this “Terms of Use and Privacy” text, the principles regarding the visits of the Users to the Yapı & Yapı Construction - Contracting Industry and Trade Inc (“Yapı & Yapı”) website are regulated.

Users agree that Yapı & Yapı or any group company affiliated to or affiliated with it, or its employees, managers, persons or organizations they have authorized, have no legal or penal liability for any content that does not bear responsibility concerning the use of information obtained by using the Yapı & Yapı logo or pages belonging to this website in any way on another website, or any content uploaded to the website by third parties or visitors, or the use of the internet within the framework of general practices. 

USE OF COOKIES

Data such as the sections visited and the areas clicked during the Users' navigation on the website are automatically collected by Yapı & Yapı in accordance with paragraph 2/1-j of the Law No. 5651. The data obtained by using the technology called "Cookie" are statistical information. The purpose of this technology is to make the content of the sections visited by the Users more accessible for the User starting from their first visit to the site. Most of the browsers are designed to accept these "cookies", which are technical communication files, but Users can always change their browser settings so that the technical communication file does not arrive or a warning is given when the technical communication file is sent. Yapı & Yapı has the right to associate the behavior of the Users on the website with a “cookie” in the browser and to define remarketing lists based on metrics such as the number of pages viewed, the duration of the visit and the number of target completions for the purpose of online behavioral advertising and marketing. Users may then be shown targeted advertising content based on their interests on the website or other sites in the display network.

MATTERS TO BE CONSIDERED UNDER THE LAW NUMBER 5651 AND 5846

Users agree that there may be links on the website that allow access to other websites or content, that these are not under Yapı & Yapı's control or relates to Yapı & Yapı, that Yapı & Yapı does not endorse these sites and is not responsible for the accuracy of the information contained on these sites. User accept that Yapı & Yapı shall not be liable for any damages that may arise due to the use of these sites.

Users agree that the website may contain texts, information, comments, opinions, news, images, pictures, figures, graphics and other materials owned by Yapı & Yapı or a third party or organization, and that they are protected by Intellectual Property Rights; that these materials cannot be copied, modified, reproduced, published, sold, used or interfered with without the permission of Yapı & Yapı.

PERSONAL DATA THAT MAY BE COLLECTED IN ACCORDANCE WITH LAW NO 6698

Users agree that they share their name, surname, e-mail, contact information and personal data on their own will and express consent in accordance with Articles 1 and 6/2, when they become a member of the website to make job applications, submit requests and suggestions, introduce themselves better and allow monitoring User Preferences more closely. They accept that this data is requested from them to introduce themselves, to provide better service to them, to be informed about their applications or complaints, site activities and novelties.

Depending on the User's preferences, Yapı & Yapı may collect information on the website regarding the Users' credentials, e-mail addresses, contact information such as phone numbers, other information that may be necessary for the performance of the services on the website and which are considered personal data in accordance with the Protection of Personal Data Law and its relevant legislation. Users agree that the data they may share with Yapı & Yapı on their own accord will be processed within the scope specified in these Terms of Use and Privacy for the stated purposes. According to Articles 3 and 7 of the Personal Data Protection Law, data that has been irreversibly anonymized will not be considered as personal data in accordance with the provisions of the aforementioned law, and the processing activities regarding this data will be carried out without being bound by these Terms of Use and Privacy.

GENERAL LIGHTING TEXT

1. Identity of Data Controller

As Yapı & Yapı Construction - Contracting Industry and Trade Inc ("Yapı & Yapı" or “Company”), we provide our clarification text regarding the personal data we obtain within the scope of the Personal Data Protection Law No. 6698 ("Law") and as the data controller. 

 

2. Processing of Personal Data and Purposes of Processing

Although it may vary regarding the service or commercial activity offered by Yapı & Yapı, the personal data of the following data owners may be processed in order to ensure that the services are provided in the best way by the Company. In this context;

If you are an employee/contact person/partner/authority of Yapı & Yapı and  its affiliated group companies and natural person merchants or legal person suppliers/subcontractors/business partners/authorities of the third parties; your identity, contact information, personnel information (curriculum vitae), legal transaction information, physical space security, risk management, finance (IBAN/bank account information), professional experience, visual and audio records, and if shared by you or your employer, your sensitive personal data, including your health and criminal records, security measures data, your religion in identity documents, your blood type information (which can be obtained indirectly through a copy of your ID/license) to execute contract processes and procurement of goods and services within the scope of Yapı & Yapı's activities, execute and audit business activities, execute finance and accounting works, execute audit activities, carry out and follow-up legal work, carry out performance assessment processes, training activities, sponsorship/aid activities, occupational health and safety activities, work and residence permit procedures for foreign supplier personnel, communication activities, press release within the scope of corporate communication processes, organization and event management inlcuding hotel, visa, flight reservations, logistics and cargo activities, risk management processes, internal audit/investigation/intelligence activities, informing authorized persons, institutions and organizations upon request, ensuring the continuity of information systems, carrying out storage and archive processes,

If you are an employee/contact person/partner/authority of group companies affiliated with Yapı & Yapı or if you are a natural person merchant or employee/contact person/partner/authority of group companies affiliated with Yapı & Yapı; your identity, contact information, finance (IBAN) /bank account number), legal transaction data, your customer transaction data to execute contract processes, financial and accounting works, customer relationship management processes, access authorizations, execute and audit business activities, audit/ethical activities and internal audit/investigation/intelligence activities to participate in domestic/foreign tenders, to inform authorized persons, institutions and organizations upon request, to ensure the continuity of information systems, to carry out storage and archive processes,

If you visit our workplace, your identity, contact information, physical security, transaction security data to create and follow-up visitor records, to provide physical security, to execute occupational health and safety processes in case of work accidents, to ensure the continuity of information systems,  to inform authorized persons, institutions and organizations upon request,

If you visit our website, your transaction security data and in case you use Yapı & Yapı's wireless network connection, your identity, contact information, transaction security data to fulfill the obligations arising from the legislation in accordance with the law numbered 5651, to keep log records in the electronic environment, to conduct information security processes,

May be processed limitedly for the purposes of carrying out activities in accordance with the legislation and Yapı & Yapı policies and procedures. Your personal data will also be stored in both digital and physical environments by transferring them to physical archives and information systems.

 

3. To Whom and For What Purposes the Processed Personal Data Can Be Transferred

Your collected personal data may be transferred for the purposes described in Article 2 of this Clarification Text, within the scope of the Law and related legislation and depending on the reasons that require it to be transferred, and limited to these reasons; upon request, to official institutions and organizations, banks, press institutions, consultancy and audit firms, customs firms, customers, insurance companies, travel and visa agencies, our business partners and companies we cooperate with, including our suppliers, our group companies and databases used jointly with them, to the systems of local and foreign companies providing technology services in order to comply with Yapı & Yapı's policy and procedures, to carry out operational processes and receive support, to participate in domestic / international tenders.

 

4. Method and Legal Reason for Personal Data Collection

Your personal data, in accordance with the purposes described in article 2 of this Clarification Text and the basic principles stipulated in the Law, as specified in article 5 of the Law, based on and limited to legal reasons like the fulfilment of the contract, the legal obligation, the establishment, use  or protection of rights and the legitimate interest of the data controller; verbal or written information transmitted by you or your Company directly or via our e-mail address, by automatic or non-automatic methods, may be collected through applications and software used within the scope of Yapı & Yapı activities, and camera recordings.

 

5. Your Rights Regarding the Protection of Personal Data

Within the framework of personal data protection legislation, you have the right to request information on  whether your personal data is processed or not, and if it has been processed, learn the purpose of the processing and whether it is used in accordance with these purposes by us, find out about third parties to whom it has been transferred in the country or abroad, request correction if it is incomplete or incorrectly processed and that these third parties will be notified, request your data to be erased or destroyed if processing terms are lo longer valid and third parties, if any, to be notified, object if you think that the outcome of analyzing the processed data exclusively through automatic systems has been to your detriment and ask for compensation if you suffered a loss due to unlawful processing, 

Within the scope of Article 11 of the Law, which regulates the rights of the person concerned, and according to the "Comminuque On The Principles And Procedures For The Request To Data Controller", you can submit your requests in person or in accordance with other methods specified in the Communiqué to Saray Mahallesi A. Tevfik Ileri Cad. No: 6 Ümraniye, Istanbul - Turkiye, in writing and by providing your identity confirmation.

Yapı & Yapı, in accordance with Article 13 of the Law, will finalize application requests within 30 (thirty) days at the latest, depending on the nature of the request. If the transaction requires any cost, the tariff determined by the Personal Data Protection Board will be applied. If the request is rejected, the reason(s) for the refusal will be justified in writing or electronically.


For requests made on behalf of someone else, the identity and address information of the requester and legal documents showing that the person applying is authorized to represent the requester must be attached. Applications within this scope will be finalized as soon as possible and within 30 days at the most. In case of incomplete information and documents, this period starts from the date of the complete transmission of the information and documents.
These applications are currently free of charge. However, if the transaction requires an additional cost, the fee in the tariff determined by the Personal Data Protection Board may be charged. Responses can be sent to the requester's address in writing by any postal type or e-mail address, according to Yapı & Yapı's preference.


This disclosure form is an integral part of any contract you have signed with Yapı & Yapı, either verbally or in writing.

PURPOSE OF USE OF PERSONAL DATA

Yapı & Yapı may process the collected personal data for the User to benefit from the website, for membership registration to the website, improvement of the services offered, development of services, promotion and information of new services, provide necessary information to Users in this context, contact Users and fulfill its obligations defined by the nature of its services. 

Said personal data may be processed within the scope of Yapı & Yapı reporting and business development activities, and may also be used for the purpose of making various statistical evaluations, creating a database and conducting market research without disclosing the identity of the Users. In addition, if the Users consent, said information may be processed, stored, transmitted to third parties for direct marketing by Yapı & Yapı and its collaborators, and Users may be contacted for the purpose of making notifications regarding the promotion, maintenance and support activities of various applications, products and services through said information. 

Yapı & Yapı will also be able to process and share personal data with third parties without obtaining the consent of the Users, in accordance with Articles 5 and 8 of the Personal Data Protection Law and/or in case of exceptions in the relevant legislation.

SHARING PERSONAL DATA

Yapı & Yapı may transfer the personal data of the Users and the new data obtained by using this personal data to the third parties whose services it uses for the purpose of providing services to the Users within the scope of the website, limited to the provision of the said services. In this context, to improve User experience (including enhancement and personalization), ensure the security of Users, detect fraudulent or unauthorized use, investigate operational evaluation, correct errors related to the website or Yapı & Yapı services, and fulfil any of the purposes set forth in the Terms of Use and Privacy text or other privacy texts offered to Users, Yapı & Yapı may share their data with third parties such as outsourcing service providers, hosting service providers ("hosting" services), law firms, research companies, call centers. Users agree and consent in advance that the aforementioned third parties may store Users' personal data on their servers located anywhere in the world, provided that they are limited to the above-mentioned purposes.

USERS' RIGHT TO ACCESS DATA AND CORRECTION REQUESTS

Users have the right to apply to Yapı & Yapı to learn whether their personal data is processed, request information in case their personal data has been processed, ask about the purpose of processing personal data and whether they are used in accordance with its purpose, learn about the third parties in the country or abroad to whom personal data is transferred, request correction of personal data in case of incomplete or incorrect processing, the deletion or destruction of personal data within the framework of the conditions stipulated in the relevant legislation and that third parties to which the personal data has been transferred will be notified, object if the outcome of analyzing the processed data exclusively through automatic systems has been to your detriment and demand compensation in case of damage due to the unlawful processing of personal data. 

Users can send the above-mentioned requests in writing to kvkk@yapi-yapi.com (email address of the relevant company). Yapı & Yapı may give its reasoned affirmative/negative response in written or digital form in accordance with the above-mentioned requests. No fee is charged for the necessary transactions regarding the requests. However, if the transactions require a cost, it is possible to charge a fee based on the tariff determined in accordance with Article 13 of the Law on the Protection of Personal Data.

Users undertake that the information provided by Yapı & Yapı, subject to the Terms of Use and Privacy text, is complete, accurate and up-to-date, and that they will immediately update them in case of any changes in this information. Yapı & Yapı shall not be liable if Users do not provide up-to-date information.

Users accept and declare that if they make a request that will result in the inability to use any of their personal data by Yapı & Yapı, they may not be able to fully benefit from the services that Yapı & Yapı have committed to them, and that any responsibility arising in this context belongs to the User.

PERSONAL DATA STORAGE PERIOD

Yapı & Yapı will keep the personal data provided by Users for the duration of the services in order to fulfil the obligations arising from the nature of the services it provides. In addition, Yapı & Yapı may keep personal data in case of any dispute with the Users, limited to the purpose of making the necessary defenses within the scope of the dispute and during the statute of limitations determined in accordance with the relevant legislation.

MEASURES, COMMITMENTS AND LIABILITY RELATING TO THE SECURITY OF PERSONAL DATA

Yapı & Yapı, undertakes to take the necessary technical and administrative measures and carry out the necessary inspections to ensure the appropriate level of security in order to ensure that personal data is not processed unlawfully, that personal data is not illegally accessed and that personal data is preserved according to the conditions specified in the relevant legislation or expressed in these Terms of Use and Privacy. Yapı & Yapı does not accept responsibility for any damages that may occur as a result of the use of personal data within the framework of the above conditions.

CHANGES AND FINAL PROVISIONS

Yapı & Yapı reserves the right to change the Terms of Use and Privacy Policy without prior notice. The current provisions become effective as soon as they are made available to the Users by any means.

Users irrevocably accept, declare and commit they have read the Website Terms of Use and Privacy Policy above before entering the website and will comply with all the above-mentioned issues; Istanbul Courts and Enforcement Offices will be authorized in case of any dispute or dispute, claim or demand; the contents on the website and all electronic media and computer records owned by Yapı & Yapı will be considered as definitive evidence in accordance with Article 193 of the HMK.

MOHG'S DISCLAIMER OF LIABILITY

Astaş - Yapı & Yapı ULC and all its subsidiaries ("Developer") of the real estate proposed as Mandarin Oriental Etiler Istanbul Residences ("Residences") offered for sale in connection with the development of the designed Mandarin Oriental Etiler, Istanbul Hotel (“Hotel”), and  It is the sole representative of the rental programs offered to the buyers in connection with the sale of the residences. Neither the Mandarin Oriental Hotels Group nor any of its affiliates, their Officers, Managers, Representatives or Employees (collectively, "MOHG") are in any way the owner, agent, promoter, producer or insurer of the Residences and are responsible or liable to the Developer or, in respect of the Developer, to the construction of the Residences; do not make any statements or commitments regarding the property, do not offer the sale of the real estates constituting the Residences, or do not have the right to raise prices or make collections regarding the relevant investment.

MOHG assumes no responsibility or liability for the financial statements, projections or other financial information contained in any sales and marketing materials, brochures or similar oral or written statement relating to the Residences. The developer has the sole right and responsibility for the sale methods and tools of the Residences and all statements related to the Residences. The validity of the Developer's right to use the “Mandarin Oriental” name and brands ("MOHG Brands") in connection with the Residence and the Hotel is subject to certain terms and conditions set forth in the relevant contracts. The right to use the MOHG Brands in connection with the Residences is subject to such terms and conditions and this right is not transferred to the Residence purchased by any buyer. Use of MOHG Brands in connection with the Residences and the Hotel is subject to the validity of the respective agreements. All buyers must seek legal, financial and professional advice for themselves before entering into any agreement regarding Residences.

Company Policy

  • Yapı & Yapı has an Integrated Management System (Quality, Occupational Safety and Environment) based on ISO 9001:2015, ISO 14001:2015 & ISO 45001:2018 standards. Management ensures that the SMS Management System is understood and applied as an integral part of company culture and business performance.
  • Yapı & Yapı management and staff undertake to comply with the legal and other requirements in relevant countries, fulfil the applicable conditions and achieve advanced IMS performance in all areas, in all local and international activities where construction activities are carried out.
  • Implementation of this Policy will be done without being limited by the management's information, instruction, training and supervision. It is the responsibility of the management that guides, communicates and encourages each employee who actively participates in the promotion, success and continuation of Yapı & Yapı IMS, which aims at continuous improvement.
  • The basic principle of Yapı & Yapı is to achieve absolute customer satisfaction and to offer the best possible value with reliable and effective services.
  • The main duty and responsibility of each Yapı & Yapı employee is to take the necessary measures to ensure occupational safety by preventing injury and illness to themselves, their colleagues, and other people who may be affected by their activities and work.
  • Yapı & Yapı is aware of its responsibilities regarding the direct and indirect dimensions and effects of its activities on the environment. The company is determined to protect and improve our environment for future generations by carrying out its activities in a way that minimizes environmental pollution and environmental impacts.
  • While performing their duties, Yapı & Yapı employees undertake to take appropriate security measures to protect its integrity and private property responsibility, information, technology and customer elements from external factors. Each unit takes the necessary responsibility to reduce any risk or violation under the security issue.
  • Yapı & Yapı is aware of all its social responsibilities and carries out the necessary activities.

 

General Manager