Harman Gecesi

With this Clarification Text on the Processing of Personal Data, in accordance with Article 10 of the Law on the Protection of Personal Data No. 6698 ("LPPD"), we, Artopol Sanat Eserleri A.Ş., located at Maslak Mah. Ahi Evran Cad. B Block No:6 Interior Door No: 163, Sarıyer, Istanbul/Turkey, Mersis No: 0781070528900001 ("Company"), would like to inform and enlighten you about our personal data processing activities.

1. Data Controller and Representative

1.1. Your personal data may be processed, recorded, stored, classified, updated, and, in cases permitted by legislation or limited to the purposes for which they are processed, disclosed/transferred to third parties by the Company, in its capacity as the data controller, in accordance with the law and principles of honesty, for the purposes explained below and limited thereto.

2. Purpose of Processing Your Personal Data

Your personal data may be processed, even without your explicit consent, in accordance with the basic principles set out in the LPPD, for the following purposes:

Fulfilling obligations arising from legislation and legal notifications, conducting legal follow-up processes,
Collecting information for purchases and preparing/sending the sold product for delivery,
Risk analysis and management related to the said commercial activity on the website,
Managing audit processes and suspicious transaction investigations,
For non-marketing purposes: measuring service quality and customer satisfaction, evaluating assistance services, complaint
management, segmenting customers based on relevant data, conducting surveys,
Recording incoming calls and using those records to improve service quality,
Obtaining all kinds of support services from external service providers for the provision of the service,
Preparing responses to requests from natural and legal third parties,

If you provide your explicit consent:

The Personal Data you share may be used for sales-marketing communication and general notifications, by combining them with information collected from other companies as stated in our cookie policy, for the development and personalization of our services and promotions, offering new services, and sending all kinds of communication messages.

If the data subject does not wish to receive such marketing promotions or to be included in advertising-personalization and retargeting practices, they can always submit their requests through the contact information provided on our website.

3. Transfer of Your Personal Data

Your Personal Data will be shared only when necessary and to the required extent, with third parties located in Turkey or abroad with whom we have a contractual relationship, who share our sensitivity about data security and comply with the relevant legal regulations, for the purposes of providing better services to the data subject, storing and protecting data more securely, ensuring the proper delivery of your possible shipments, and timely delivery of our notifications via phone, SMS, and/or email.

4. Transfer of Data Abroad

Your personal data, lawfully processed by the Company, may be transferred to persons or organizations residing in foreign countries that have been determined and announced by the Personal Data Protection Board ("Board") to have adequate protection, or, in cases where data controllers in the destination country commit to adequate protection in writing and the Board grants permission, to countries other than those announced by the Board, without obtaining your explicit consent, provided that one of the conditions set out in Article 5/2 or Article 6/3 of the LPPD exists.

5. Method and Legal Grounds for Collecting Your Personal Data

Your personal data is collected by the Company through forms, email, telephone, SMS, our website, mobile application, cargo, correspondence, fieldwork, social media, third parties, postal services, web interfaces, camera recordings, assistance companies, and other channels, based on the above-mentioned legal grounds, in order to carry out our activities. In this context, your personal data may be processed and transferred without obtaining explicit consent, in line with the principles set out in Article 4/2 of the LPPD, or in cases where the conditions specified in Article 5/2 and Article 6/3 of the LPPD are met.

6. Your Rights Under Article 11 of the LPPD

To ensure that your applications under Article 11 of the LPPD are evaluated and resolved quickly, effectively, and comprehensively, you can send your request by registered mail with return receipt to the address provided on our website's "Contact" page, with a wet signature. The Company will finalize your request as soon as possible, and in any case, within thirty (30) days free of charge. However, if the requested action requires additional costs, the fees determined by the Board will be charged.

Under the above-mentioned article, your rights are as follows:

To learn whether your personal data is processed by the Company,
To request information if your personal data has been processed,
To learn the purpose of processing your personal data and whether it is used in accordance with its purpose,
To know the third parties to whom personal data is transferred domestically or abroad,
If personal data is incomplete or incorrectly processed, to request correction,
To request deletion or destruction of personal data within the framework of the conditions set out in Article 7 of the LPPD,
To request that the operations carried out under subparagraphs (d) and (e) be notified to third parties to whom personal data has been transferred,
To object to the occurrence of a result against you by analyzing your processed data exclusively through automated systems,
To request compensation for the damage arising from the unlawful processing of your personal data.

7. Personal Data Retention Period

Our Company retains Personal Data processed in accordance with the LPPD only for the period stipulated in the relevant legislation or, if not specified in the legislation, for the duration required by the purpose of processing. Data is deleted, destroyed, or anonymized after the reasons requiring processing cease to exist. For example, in cases where the consent of the data subject for the use of Personal Data for marketing or promotional purposes is withdrawn, the records of the Personal Data are retained for 1 year from that date pursuant to the Law No. 6563 on the Regulation of Electronic Commerce and its associated regulations. Records of the content of commercial electronic messages and all other records regarding the transmission are retained for 3 years to be submitted to the relevant Ministry if requested. Under Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through Such Broadcasts, traffic data we process is retained for 2 years and anonymized after the expiration of this period. In any case, if Personal Data is processed for more than one purpose, the data will be deleted, destroyed, or anonymized once all reasons requiring processing are eliminated.

8. Request to Update Your Information

The personal data processed by the Company must be accurate and up to date. Therefore, if there is any change in your information that qualifies as personal data, you can notify us via email, using the email address you used during membership registration, to the email address provided on the "Contact" page of our website.

Artopol Sanat Eserleri A.Ş.

ARTOPOL AUCTION AGREEMENT

1. DEFINITIONS

Artopol: Means Artopol Sanat Eserleri Tic. A.Ş.

Artwork: Means the works of art offered for sale within the scope of the Capsule Auction.

Participant: Means any natural or legal person who takes part in the auction by submitting an online bid, attending the live auction at the gallery or bidding by telephone.

Capsule Auction: Means the auction system organised by Artopol, in which online bids are received via WhatsApp and sales are concluded during the live auction held at Artopol Gallery.

Online Bid: Means the bids submitted by Participants to Artopol via WhatsApp.

Live Auction: Means the stage of the Capsule Auction held at Artopol Gallery, at which the final sale of the Artworks takes place.

Seller: Means the owner of an Artwork offered at the auction, or the person or entity authorised to offer it for sale.

2. PARTICIPATION IN THE AUCTION

2.1. By participating in the auction and placing bids, Participants are deemed to have accepted these Capsule Auction Rules.

2.2. The identity, contact and invoicing details provided by Participants to Artopol must be accurate and up to date. The Participant concerned is responsible for any consequences arising from inaccurate or incomplete information.

2.3. Participants must be at least 18 years of age to take part in the auction and place bids. Persons acting on behalf of legal entities are expected to hold the necessary powers of representation and authority.

2.4. Participants’ personal data are processed in accordance with the applicable legislation and for the purpose of conducting the auction process.

3. ARTWORKS AND ARTWORK INFORMATION

3.1. The Artworks offered at the auction are presented through the catalogue, images and descriptions shared by Artopol.

3.2. Before placing a bid, Participants are advised to review the catalogue information on the Artwork and, where provided, the stated dimensions, technique, materials, condition and other descriptions.

3.3. Descriptions and images of the Artworks are intended to present the Artwork. Matters separately specified regarding the nature, authenticity, condition or other characteristics of the Artwork shall prevail. Rights arising from consumer legislation and other applicable legislation are reserved.

3.4. Artopol may, where it deems necessary, withdraw an Artwork from the auction list or update the descriptions relating to an Artwork. Participants will be notified of such changes as far as possible.

4. BIDDING AND CONCLUSION OF THE AUCTION

4.1. Within the scope of the Capsule Auction, online bids are received via WhatsApp.

4.2. Bids received via WhatsApp do not constitute a final sale at the online bidding stage. These bids are recorded by Artopol and carried over to the live auction. The final result of the sale of an Artwork is determined by the valid bids made during the live auction.

4.3. The live auction takes place at Artopol Gallery. The date and starting time of the auction are announced in advance by Artopol.

4.4. Participants who are unable to attend the live auction in person at the gallery may contact Artopol in advance to request to bid by telephone. Requests to bid by telephone must be submitted in good time and confirmed by Artopol.

4.5. Bid increments are determined according to the current bid amount. Artopol informs Participants of the bid increments to be applied during the auction.

4.6. The Participant making the highest of the valid bids during the live auction becomes the buyer of the Artwork concerned. The sale is concluded upon acceptance of the valid bid during the auction.

4.7. Participants bid in their own name or on behalf of a person or entity they are authorised to represent. A claim that a bid was submitted by mistake does not in itself render the bid invalid; each case is assessed in light of the relevant circumstances and the applicable legislation.

4.8. Artopol may keep the records necessary to ensure that bids are recorded correctly and that the auction process is conducted in an orderly manner.

5. SALE PRICE, COMMISSION AND PAYMENT

5.1. The highest valid bid accepted for an Artwork at the live auction constitutes the sale price of the Artwork.

5.2. In addition to the sale price, the buyer is obliged to pay a buyer’s premium of 15%. Taxes applicable under the legislation in force are added separately to the sale price and the buyer’s premium.

5.3. The buyer is obliged to pay the sale price of the purchased Artwork, the buyer’s premium and the applicable taxes within 7 calendar days of the auction date.

5.4. Payment and invoicing are carried out in accordance with the applicable legislation. Information on payment methods and invoicing is provided to the buyer by Artopol.

5.5. If payment is not made within the specified period, Artopol may withhold delivery of the Artwork until payment is completed. Artopol reserves the right, within the framework of the applicable legislation, to cancel the sale, to offer the Artwork for sale again and to take legal action for any losses incurred.

5.6. Any commission, damages and other claims that may arise if the payment obligation is not fulfilled or if the buyer withdraws from the sale are assessed in light of the circumstances of the specific case and the applicable legislation.

6. DELIVERY AND SHIPPING OF THE ARTWORK

6.1. The purchased Artwork is made ready for delivery once the sale price, the buyer’s premium and all applicable taxes have been paid in full.

6.2. The buyer may collect the Artwork from Artopol Gallery or request that it be sent to their address by courier or another suitable shipping method.

6.3. Where courier or shipping services are chosen, shipping and delivery costs are borne by the buyer unless otherwise agreed in writing.

6.4. For shipment to take place, the buyer must provide Artopol with accurate and complete delivery details. Delivery problems that may arise from an incorrect address or incomplete information are assessed in light of the relevant circumstances.

6.5. If visible damage to the outer packaging or to the Artwork is detected upon delivery, the buyer is advised to record the situation in a report together with the delivery agent and to notify Artopol without delay. The legal rights of the parties are reserved.

7. RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. Artopol takes the measures necessary to conduct the auction in an orderly and fair manner. Where it deems necessary and on justified grounds, it may withdraw an Artwork from the auction or make changes to the auction process.

7.2. In the event of a technical failure, communication outage, force majeure or other circumstances beyond Artopol’s control that affect the conduct of the auction, Artopol may postpone, suspend or cancel the auction, informing Participants as far as possible.

7.3. When placing bids and completing purchases, Participants are obliged to act in accordance with these rules and the legislation in force.

7.4. The rights that Artopol may have against a buyer who declines to take delivery of, or to pay for, an Artwork purchased at the live auction are assessed in light of the legal nature of the sale, the circumstances of the specific case and the applicable legislation. Artopol’s statutory rights of claim and action are reserved.

7.5. Copyright and other intellectual property rights in the Artworks belong to the respective right holders. The use of images and Artwork information shared within the scope of the auction is subject to the intellectual property legislation in force.

8. OTHER PROVISIONS

8.1. Notices relating to these rules may be given using the contact details provided by the Participant to Artopol.

8.2. If any provision of these rules is held invalid or unenforceable, the validity of the remaining provisions shall not be affected.

8.3. Participants’ personal data are processed in accordance with Turkish Personal Data Protection Law No. 6698 and the related legislation.

8.4. Artopol reserves the right to amend the auction rules. Amendments are announced to Participants in the manner in which they will apply to the auction concerned.

8.5. The provisions of the legislation in force apply to any disputes that may arise from these rules. The competent courts and authorities are determined in accordance with the relevant legislation.

9. ENTRY INTO FORCE AND ACCEPTANCE

By placing a bid or participating in the auction, the Participant declares that they have read and accepted these rules.

This English text is a translation provided for information. In the event of any discrepancy, the Turkish text shall prevail.