- CONFIDENTIALITY AGREEMENT LAW ON THE PROTECTION OF
PERSONAL DATA (6698 S.K.) SCOPE AND GENERAL - 1- PARTIES
On the one hand, FEMAŞ METAL SAN. TIC. A.Ş. and group companies (hereinafter referred to as
the “EMPLOYER” for short)
On the other hand, customers and suppliers with whom data is shared, as well as product services, distributors,
dealers, employees, employee candidates, interns, service providers and consultants (
hereinafter referred to as “EMPLOYEES AND OTHERS” for short) have agreed between
themselves under the following conditions. - 2- SUBJECT
OF THE AGREEMENT The subject of this contract, which is an annex to the written or oral service agreement (hereinafter referred to as the “SERVICE
AGREEMENT”) concluded between the parties, is that the information and documents given by the employer (Data Controller) to the
workers and others regarding the work carried out by the workers and others within the scope of the service
contract are the employer’s
It is the determination of the
limits and conditions of confidentiality that will prevent the disclosure, access, disclosure and leakage of personal data, sensitive
personal data and general data to any third real and/or legal person
without the consent or explicit consent of the workers and others. - 3- DEFINITION OF CONFIDENTIAL INFORMATION Information belonging to the person who finds the definition within the scope of the
Personal Data Protection Law and
all kinds of information related to an identified or identifiable natural person, Any health information related to an identified or
identifiable natural person, Race, ethnic origin, political
opinion, philosophical belief, religion, sect or other beliefs, disguise and dress, association, foundation or
data on
trade union membership, health, sexual life, criminal convictions and security measures, as well as biometric and genetic data.
Ideas, projects, expertise, designs, inventions, business methods and patents,
copyrights, trademarks, trade secrets, know-how or all
kinds of innovations that are or are not subject to legal protection and all written or verbal commercial, financial, technical
information and communication methods to be learned during the work are considered confidential information by the employer
during the works/duties/services defined in the service contract. - 4- OBLIGATIONS OF THE PARTIES
- 4.1. Within the scope of the service contract, the employer undertakes to provide the employee with all necessary information and documents so that he can perform
his job fully and completely.
4.2. The employer accepts and undertakes that the employee cannot be held responsible
for any deficiencies, delays or malfunctions that may arise due
to the incomplete or incorrect confidential information disclosed to the employee and others.
4.3 That he/she knows that the information and documents disclosed to him by the employer to the employee and others are confidential
and therefore he/she will only know the confidential information in question, and that third parties, institutions or
organizations that are likely to contribute to the performance of the work
will only be aware of the confidential information to the extent required by the job, and that these information and
documents are in no way allowed by the employer to be transferred to the third real and/or legal person and
accepts and undertakes that it will not be disclosed to organizations other than for working purposes. - 4.4. The employee and others accept and undertake that they will be responsible for the
behavior of third
parties, institutions or organizations that are likely to contribute to the performance of the work in violation of the confidentiality principles stipulated in this contract, that they will comply with the confidentiality principles of the third parties, institutions or organizations
in question, and that if they are aware of the violations, they will immediately notify the employer in writing of
the violation.
4.5. Disclosure and access of confidential information and personal data in violation of this agreement - In the event that an environment
is provided for the seizure of information through the provision of opportunities, leaks or similar behaviors, the employer has the right to apply for all legal remedies at the expense of the employee
and to demand compensation from the employee and others for any damages suffered. - 5- DURATION
5.1. This agreement, which is an annex to the service contract, will enter into force on the date
it is signed by the parties, and the obligations arising from this contract will continue as long as the
service contract remains valid. - 5.2. Even in the event of the termination of the service contract, this agreement will remain valid as the confidentiality and protection of
personal data indefinitely, except for the anonymized
information of the business and products and personal data from the date of termination
of the service contract, and the information with the permission of the employer and the consent of the personal data owner. - 6- CONTRACT AMENDMENT
This agreement replaces all written
and/or oral agreements that may have been made by the parties, especially on confidentiality (except for information not listed herein and patent and similar invention
contracts). Amendments to the contract can only be made in writing. - 7- NOTIFICATION
The addresses specified
by the parties in the contracts, documents and texts to which this contract refers are the addresses suitable for notification, and as long as no change has been
notified to the other party in writing, the notifications to be directed to these addresses will be deemed legally valid
. - 8- ENFORCEMENT
This contract consists of 8 (eight) articles and has been read and accepted between the parties with their free
will.
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