Term Conditions

At the time of sending the application for membership to TURKPOL, the member hereby agrees to comply with the following rules:

Ethics

Each member of the Association is obliged to maintain the confidentiality and non-disclosure of any information provided by the Association and acquired in the course of membership, as well as any information acquired about other members and their business activities and any information related to their business ventures, regardless of the form in which it was obtained, without being marked at the time it is made available by the Association or other members from whom the information originated as confidential (hereinafter as: “Confidential Information”).

In particular, Confidential Information will include any information and documents of technical, technological, commercial, organizational, or related to the activities of the Association or other members and any other information of economic/economic value that is not generally known to the public.

The member shall undertake to:

keep confidential all information provided in connection with membership of the Association;
to disclose Confidential Information only to members who are involved in the undertaking to which the Confidential Information has been disclosed, for the purpose and to the extent necessary for its execution;
inform the said members of the confidential nature of the information and instruct them to treat it as confidential;
not to use, copy, reproduce, or disseminate any Confidential Information or any part thereof, except to the extent that this is necessary for the execution of a project within the Association.

The following information shall not constitute Confidential Information:

which are available to the public or become available to the public otherwise than through a breach of confidentiality obligation;
which, at the time of disclosure, were already in the possession of the member, provided that they were not subject to an obligation of confidentiality and that they were obtained without breach of law;
which have been received from third parties lawfully and without breach of any confidentiality obligations;
in respect of which the Association or the member from whom the Confidential Information originated declares in writing that they do not consider it to be Confidential Information.

It shall not be a breach of Confidential Information if the disclosure is made in accordance with the requirements of the law, including at the request or summons of authorized courts or authorities, to the extent and within the limits permitted by law, pursuant to a court order or summons or an administrative decision, or for the purpose of pursuing a claim. Prior to the disclosure of information pursuant to the preceding sentence, the member shall notify the Association or the member from whom the Confidential Information originated in writing of the receipt of such a request or summons, specifying the form and purpose of the disclosure, unless such communication is prohibited under applicable law. If prior notification was not possible in the circumstances of the case, the member shall make such notification as soon as the circumstances preventing notification cease to exist.

Disclosure of Confidential Information to a third party shall only be permitted with the prior written consent of the member from whom the Confidential Information originated and subject to the terms and conditions set out by the Association or that member from whom the Confidential Information originated.

A member shall also be liable for a breach of its obligations to keep Confidential Information confidential, including where the breach is committed by a third party for whose acts or omissions the member is liable as for its own.

The Member shall ensure that it has appropriate safeguards in place to protect the Confidential Information from unauthorized access and use.

The Member agrees to keep the Confidential Information in a secure environment and agrees not to copy, reproduce, or otherwise record or distribute the Confidential Information or any part thereof, except for internal use when necessary for the purposes of membership.

In the event that the Confidential Information provided will constitute information protected by generally applicable law, the Member undertakes to comply with the relevant legal regulations for the protection of such information.

The member declares that the member is aware of the security risks associated with sending information by e-mail or using the Internet and that the member will be responsible for protecting information sent electronically and against viruses and for ensuring that such information is not directed to an incorrect address.

The member shall be fully and solely responsible for the consequential damage caused by its behavior due to the improper processing of data involving Confidential Information. In the event of a breach by a member of the aforementioned rules, the Association or the member from whom the Confidential Information originated will have the right to demand the immediate cessation and rectification of the breach. The request to cease and remedy the breach shall be sent to the member in writing setting a period of at least 14 (in words: fourteen) days to respond to it.

In the event of a breach of the member’s obligations regarding Confidential Information, the Association or the damaged member shall have the right to claim damages under the general principles of the Civil Code.

Protection of Confidential Information

In particular, Confidential Information will include any information and documents of technical, technological, commercial, organizational or related to the activities of the Association or other members and any other information of economic/economic value that is not generally known to the public.

The member shall undertake to:

keep confidential all information provided in connection with membership of the Association;
to disclose Confidential Information only to members who are involved in the undertaking to which the Confidential Information has been disclosed, for the purpose and to the extent necessary for its execution;
inform the said members of the confidential nature of the information and instruct them to treat it as confidential;
not to use, copy, reproduce, or disseminate any Confidential Information or any part thereof, except to the extent that this is necessary for the execution of a project within the Association.

The following information shall not constitute Confidential Information:

which are available to the public or become available to the public otherwise than through a breach of confidentiality obligation;
which, at the time of disclosure, were already in the possession of the member, provided that they were not subject to an obligation of confidentiality and that they were obtained without breach of law;
which have been received from third parties lawfully and without breach of any confidentiality obligations;
in respect of which the Association or the member from whom the Confidential Information originated declares in writing that they do not consider it to be Confidential Information.

The Member shall ensure that it has appropriate safeguards in place to protect the Confidential Information from unauthorized access and use.

Protection of Personal Data

The member undertakes to comply with the provisions of the Act of 10 May 2018 on the protection of personal data (i.e. Journal of Laws 2019.1781 t.j. ). and the Regulation of the European Parliament of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, RODO) (Official Journal of the EU L 119 of 04.05.2016, p. 1) and the Association’s Privacy Policy in force and undertakes not to use or process in any way the personal data to which it gains access as a result of the cooperation for purposes other than the membership of the Association..

Investigation

In the event that the Association Board of Directors becomes aware of a possible breach of these Membership Terms by a Member of the Association, the Association Board of Directors shall immediately initiate an investigation procedure.

The investigation is carried out by the Board of Directors of the Association. The purpose of the investigation is, inter alia, to establish:

Whether there has been a breach of the Membership Terms and Conditions;
When a breach of the Membership Terms and Conditions has occurred;
What were the circumstances of the breach of the Membership Terms and Conditions;
Whether the breach of the Membership Terms and Conditions has caused negative consequences for the Association;
Who has committed a breach of the Membership Terms and Conditions.

During the course of the investigation, the member suspected of having breached the Membership Terms and Conditions shall be given the opportunity to speak and to be heard.

The investigation should be conducted in accordance with the following rules:

The presumption of innocence (any doubt that cannot be removed shall be resolved in favor of the member suspected of breaching the Membership Terms and Conditions);
Objectivity and impartiality;
The adversarial approach.

The investigation should conclude with a resolution of the Board of Directors establishing the circumstances referred to above.

In the event that it is determined through an investigation that a Member of the Association has committed a breach of the provisions of these Membership Terms and Conditions, the Board of Directors shall, by resolution, decide to impose a penalty on the person who committed the breach. The penalty imposed should be adequate to the scale of the violation committed.

The penalty for breach of the provisions of these Membership Terms and conditions is:

Penalty of a warning;
Written reprimand;
Disqualification from standing for election to Association bodies for a period of not less than 3 years and not more than 10 years;
Exclusion from the Association.

Penalties shall not be cumulative.

The resolution to impose a penalty shall be adopted by the Board of Directors by a qualified majority of 2/3 of votes.

If, as a result of a breach of the Membership Terms and Conditions, the personal interests of another Member of the Association or a non-Member of the Association are infringed, in addition to imposing a penalty, the Board of Directors may oblige the person who committed the breach to apologize to the injured party. The Board of Directors determines whether the apology is to be public or private.

All resolutions, and decisions made as a result of the investigation are open to the Members of the Association. The resolution on punishment is delivered to the punished Member of the Association electronically by sending it to the e-mail address of the punished Member.

A person on whom a penalty has been imposed as a result of an investigation is entitled to appeal against the Board’s resolution imposing the penalty. The appeal should be submitted to the Board of Directors electronically by sending it to the e-mail address: …… within 14 days from the date of delivery of the sanctioned Member of the resolution on punishment. The appeal should contain a justification. The appeal shall be considered by the General Meeting of Members at the next General Meeting of Members.

In the event of an appeal, the penalty imposed by the Board of Directors is invalid and therefore has no effect until the appeal is heard by the General Meeting of Members.

The General Meeting of Members may decide to:

Cancel the penalty imposed;
Amend the penalty (except that a change to the detriment of the appellant is not permissible);
Uphold the penalty.

No investigation may be undertaken if it is apparent from the circumstances of the case that 24 months have passed since the breach of the Membership Terms and Conditions was committed.

Copyright and License

Within the scope of membership in the Association, various activities may be undertaken, resulting in the creation of a work of authorship within the meaning of copyright law. The member undertakes not to infringe others’ copyrights in the activities undertaken for the benefit of the Association.

If the member is the creator of such work, the member hereby grants the Association a non-exclusive license to use the copyright in all works created by the member for the Association. The license shall cover the following fields of exploitation:

as regards recording and multiplication of the work – production of copies of the work by a specified technique, including printing, reprography, magnetic recording, and digital technique;
as regards trading in the original or copies on which the work has been fixed, placing on the market, lending or renting the original or copies;
as regards the distribution of a work in a manner other than specified in item 2 – public performance, exhibition, display, reproduction, broadcasting, and re-broadcasting, as well as making a work available to the public in such a way that everyone can have access to it in a place and at a time chosen by themselves.

The license is cost-free as regards each field of exploitation, which means that the member is not entitled to payment for its granting.

The license is granted for the duration of the copyright of the work covered by it.

The license includes the right of the Association to sub-license and modify the work.

The license also includes the right to transfer ownership of a copy of the item of work transferred to the Association.

Should any third party claim against the Association for infringement as a result of the use of the work within the scope of the license granted, the Association will immediately notify the member, who undertakes to take over the aforementioned claims.

Membership Fee

The member is obliged to pay an annual membership fee depending on the membership package chosen.

Termination of membership as a result of resignation, penalty, or for the reasons stated in the Status does not result in a refund of the membership fee paid.