1. Purpose and Scope

This Agreement comprehensively governs all policies, procedures, and commitments regarding the processing of your personal data within the scope of the services provided by EQLEM YAZILIM. Any individual or legal entity that registers with the Platform or the Application, accesses them, or uses our services in any way is deemed to have accepted the provisions of this Agreement. Our company protects the confidentiality of your personal data in full compliance with the Personal Data Protection Law No. 6698 (KVKK) and international data protection standards.

1.1. Binding Nature of the Agreement

This Agreement has been prepared to establish a climate of trust regarding data security between our Company and its users. By continuing to use the Platform, you agree to comply with the specified data protection rules and responsibilities. In the event of non-compliance with these rules, EQLEM YAZILIM reserves the right to suspend service provision, suspend the account, or terminate it entirely.

1.2. Legal and Legitimate Use

As users, you agree to use our Application and Platforms solely for legal and legitimate purposes. It is strictly prohibited to use our systems for money laundering, tax evasion, or other illegal activities.

2. Personal Data Collected and Categories

In order to provide our Services, enhance your experience, and fulfill our legal obligations, certain data is collected in accordance with the KVKK.

• Identity Information: Basic information such as first name, last name, and—particularly for legal processes like e-invoicing— Turkish ID number or Tax ID number.
• Contact Information: Data necessary for communication, such as email address, phone number, and business or home address.
• Financial Information: Bank, billing, and payment information processed while conducting payment, billing, or current account transactions through the platform.
• Usage and Technical Data: Interaction data collected via IP address, session logs, browser type, and cookies.

3. Purposes of Data Processing

Your personal data is collected and processed for the following clearly defined legitimate purposes:

• Service Provision: Account creation, integration of e-transformation processes (e-invoicing, etc.), and the fulfillment of the platform’s core functions (ERP, accounts receivable, inventory, etc.).
• User Support: Responding promptly to your technical requests and collecting feedback.
• Security and Performance: Preventing unauthorized access, detecting fraud, and monitoring the platform’s performance.
• Compliance with Legal Obligations: Ensuring compliance with tax and accounting regulations and being able to respond to the audit processes of authorized public agencies.

4. Methods of Data Collection and Legal Grounds

Your personal data is collected through manual (registration forms, support requests, surveys, etc.) and automated (cookies, web beacons, log records) methods.

Your data is processed based on the legal grounds of “Explicit Consent, Performance of a Contract, Legal Obligation, and Legitimate Interest” as specified in the KVKK.

4.1. Data Entered by the User and Liability for Indemnification

The User, in the event that they upload or record any personal data regarding their own customers, employees, or other third parties to the Platform or the Application, the User hereby declares and undertakes that they have fully complied with all explicit consent requirements and disclosure obligations under the Personal Data Protection Law (KVKK) necessary for the collection, transfer, and processing of such data on the Platform. Any and all administrative, criminal, and legal liabilities arising from the unauthorized or unlawful entry of such third-party data into the system shall be the sole responsibility of the User (Recipient); any fines, damages, or expenses imposed on EQLEM YAZILIM for this reason shall be recovered from the User (Recipient) along with legal interest. The User is obligated to immediately compensate EQLEM YAZILIM for all direct and indirect damages it may incur in such a situation.

5. Data Security and Retention Period

Your data is protected within the cloud-based infrastructure of our platforms using encryption (SSL/TLS) technologies that meet the highest security standards, access controls, and periodic data backup systems.

5.1. Third-Party Infrastructure Liability Limitation: EQLEM YAZILIM uses cloud infrastructure providers (e.g., AWS, Bunny.net, etc.) that meet global standards for data hosting and processing. EQLEM SOFTWARE cannot be held directly liable for global data outages, infrastructure failures, cyberattacks, or data breaches arising from these third-party infrastructures themselves and beyond EQLEM SOFTWARE’s reasonable control. The Company’s liability in such cases is limited to pursuing its legal rights against the relevant providers and immediately taking the necessary technical and administrative measures.

Financial data and transaction details subject to invoicing are retained for the statutory limitation periods (generally 10 years) as required by applicable tax and procedural laws (e.g., the Tax Procedure Code). Usage data, on the other hand, may be stored in anonymized form for analysis. Upon expiration of this period, the data is deleted, destroyed, or anonymized in accordance with the procedures of the Personal Data Protection Law (KVKK).

6. Sharing Data with Third Parties

Your data may be shared with third parties within the framework of legal obligations (court and public institution requests), service provision (banks, cloud service providers, e-transformation partners), and the user’s explicit consent. For all sharing is subject to confidentiality agreements compliant with KVKK standards.

7. User Rights (KVKK Article 11)

As a user, you have the right to inquire whether your personal data is being processed, to request correction or deletion (right to be forgotten), to object to processing, and to data portability. To exercise these rights, you may contact us at info@eqlem.com. Your requests will be resolved within the legal timeframe of no later than 30 days.

8. Changes and Legal Framework

EQLEM SOFTWARE reserves the right to unilaterally update this Agreement at any time in accordance with applicable laws, technical requirements, and commercial policies. Updates shall be deemed effective as of the moment they are announced or published on the Platform or our website. By continuing to use the Platform or the Application after the publication of updates, the User is deemed to have tacitly accepted the terms of the updated Agreement.

Data security and privacy: For all inquiries regarding these matters, please contact us at info@eqlem.com. EQLEM SOFTWARE is subject to the laws of the Republic of Turkey, and in the event of any disputes, the Istanbul Central (Çağlayan) Courts and Enforcement Offices shall have exclusive jurisdiction.