Legal Information
Dear Customers,
According to the Article 15 of the Law No 5549; for the transactions which are executed by or through our Company and require verification of identity, the person who is acting in his/her own name but for the account of someone else can be subject to imprisonment from six months to one year or administrative fine up to five thousand days, unless he/she sends us written notification to explain for whom he/she is acting, prior to executing such transactions.
If the natural persons and legal entities, who conduct the transactions at our Company that require ID verification in accordance with the law number 5549, relevant regulations and communiqués, act for the account of someone else; it is mandatory for them to declare to us in writing for whom they are acting, according the real nature of the transaction.
To avoid any legal sanctions under the above-mentioned regulations; if you will conduct the transaction that require ID verification, for your own name but for the account of someone else, you must submit to our Company a written declaration about this situation, and we kindly ask you to consult our personnel if you have any hesitations.
Presented for information.
Best Regards,
PayPorter Ödeme Hizmetleri ve Elektronik Para A.Ş
- Parties
This Pre-Transaction Information Text for One-Off Payment Transactions (“Text”) was signed by and between PayPorter Ödeme Hizmetleri ve Elektronik Para Anonim Şirketi (“PayPorter”), which is licensed by Türkiye Cumhuriyet Merkez Bankası A.Ş. (Turkish Central Bank) to operate as a payment and electronic money organization, and the payment service user (“User” or “Customer”) for the purpose of executing the following payment transactions and services in accordance with the Law Number 6493 on Payment and Securities Reconciliation Systems, Payment Services and Electronic Money Organizations (‘Law’) and the relevant legislation.
This information text is provided in accordance with the Article 30/2 of the Regulation on Payment Services and Issue of Electronic Money and Payment Organizations and Electronic Money Organizations.
PayPorter Contact Details:
PayPorter Website: www.payporter.com.tr
E-mail address: info@payporter.com.tr
Telephone Number: 0850 811 00 77
- Definitions
Recipient: means a natural person or legal entity that will receive the payment service fund.
Receipt: means a written receipt which does not supersede a voucher, invoice etc. according to the Tax Procedure Law and relevant legislations, and which is automatically generated by the system after the collection is made by the Representative in collection and payment service transactions, and whose forms, contents, purpose and method of use are determined by the Payment Organization in accordance with the Law and regulation.
EFT: means Electronic Fund Transfer provided by Contracted Banks and realized through PorterSystem.
Account: means an account opened at PayPorter to keep Turkish Lira (TRY) and Foreign Currency (FC) according to the Law on Payment and Securities Reconciliation Systems, Payment Services and Electronic Money Organizations.
Customer/User: means a person that uses PayPorter Services.
Payment Services Law: means the Law Number 6493 dated June 27th, 2013 on Payment and Securities Reconciliation Systems, Payment Services and Electronic Money Organizations.
Payment Order: means an order issued by the User to conduct the payment transaction.
PayPorter Services: means the provision of money transfer and/or payment and invoice collection and EFT payments conducted through domestic and overseas banks and payment services providers integrated into PorterSystem in cooperation with PayPorter as well as all products and services that could be added into/removed from PorterSystem and to be provided under the Law Number 6493.
PorterSystem: means all software and/or hardware applications which are owned by PayPorter and transfer the information related to PayPorter Services provided to Customers into the PayPorter data system, and which are authorized by PayPorter and generate information and documents.
Regulation and Communiqués: means the Regulation and Communiqués enforced by competent authorities pursuant to the Law Number 6493 dated June 27th, 2013 on Payment and Securities Reconciliation Systems, Payment Services and Electronic Money Organizations.
- Information that must be provided by the User
In accordance with the Article 29 of the Regulation on Payment Services and Issue of Electronic Money and Payment Organizations and Electronic Money Organizations; Users must provide the following information to PayPorter for the realization of payment transactions.
Sender Information
First and Last Name:
Telephone/Fax Number:
Electronic Mail Address:
Address:
Recipient Information
First and Last Name:
Father’s Name:
Telephone/Fax Number:
E-Mail:
Address:
Country/City:
Account Information
Bank Name:
IBAN/Branch Code/Account Number/Swift Code/Credit Card Number:
Purpose of Transfer:
Source of Income:
Occupation Information:
Reference Number:
Transaction Type:
Currency/Amount:
- Duration of Completion of Transaction
4.1 For domestic transfers to IBAN number, the transactions made until 16:30 on weekdays are conducted within the same day, and the transactions made after such time or in non-working days are conducted within EFT hours in the next working day.
4.2 Overseas transfers made through our Domestic Payment Points are ready for the use by the recipient in the system in 10 minutes. These are the durations that will pass for the transfer of the payment amount to the Payment Service Provider of the Recipient. All responsibilities for the transfer of the payment amount to the Recipient belong to the Payment Service Provider of the Recipient.
4.3 Durations of completion depending upon Countries and Payment Methods are further described at www.payporter.com.tr.
- Fee Details and Fee Breakdown
The following information is provided to Users before conducting a transaction by PayPorter and the consent of Users is obtained. At the time of transaction, Transaction Fee/Expense is notified to Users before conducting the transaction.
Transaction Fee/Expense:
Tax:
Total Fee:
- Currency/Reference Currency Information
In addition to the transaction commissions collected during payment transactions; PayPorter earns income from foreign exchange differences, if foreign exchange rates are applied to transactions. In case of transactions that require application of foreign exchange rates, all such transactions will be conducted on exchange rates determined by PayPorter, and notification will be sent to the Customer prior to the transaction.
- Accuracy of the Information Related to the Payment Transaction and User Declaration
7.1 User agrees and declares that all information provided by him/her in relation with the payment transaction is accurate (including all information provided by him/her about the Recipient), and all direct and/or indirect damages that might arise from the provision of wrong or incomplete information will be compensated by him/her.
7.2 In case of provision of wrong or incomplete information by User, PayPorter may not be held responsible for failing to conduct the payment transaction or conducting the payment transaction wrongly.
7.3 Final response will be forwarded to you within 20 days following the receipt of your Requests and/or Complaints about your payment transactions.
7.4 User hereby agrees, declares and undertakes that he/she acts in his/her own name and account not somebody else in connection with the products and services provided by PayPorter, and if he/she acts in the name and account of somebody else, he/she will immediately provide written information to PayPorter about such person and identification details of him/her in accordance with the Article 15 of the Law Number 5549 on the Prevention of Laundering of Crime Revenues and the Regulation on the Measures Regarding the Prevention of Laundering of Crime Revenues and Financing of Terrorism.
7.5 In accordance with the Regulation on the Measures Regarding the Prevention of Laundering of Crime Revenues and Financing of Terrorism as published by the Turkish Ministry of Finance and came into force on 01.04.2008; User hereby declares and undertakes that identification documents and other papers submitted by him/her as well as all information provided in the Payment/Transfer Form is accurate and complete, and will compensate all damages and losses to be suffered by PayPorter if such information and documents are found to be inaccurate, and also the money delivered or to be delivered by him/her does not constitute a ‘‘crime revenue’ under the Article 282 of the Turkish Penal Law and has not been obtained by means of committing the acts that constitute the Crime of Laundering Criminal Personal Assets.
- Authorization of the Payment Organization
8.1 Payment Organization is deemed as authorized to conduct payment transaction when the order issued to the Payment Service Provider by User for the purpose of conducting the transaction is received by PayPorter.
8.2 User is fully responsible for all consequences of Payment transactions conducted in accordance with the Payment Order issued by User.
8.3 User is not entitled to assert any damage and loss and make any claim to PayPorter in such cases.
- Payment Document
9.1 In accordance with the second paragraph of the Article 29 of the Regulation, a copy of the Receipt is delivered to the User in payment service transactions made with our service points.
9.2 In case of one-off payment transactions conducted by remote access method; a copy of the text that contains the consent of the payment service user is given to the payment service user on paper or by permanent data storage means.
- Protection and Unauthorized Use of Information
10.1 Passwords, security question, certificate, encryption key as well as PIN, card number, expiry date, CVV2 and CVC2 codes, which are used by the User for issuing the Payment Order or for verifying the ID of User and which would allow for fraud or fake transactions in the name of Users if they are seized or modified by third parties, as well as personal security information related to the Payment instruments issued by the organizations constitute ‘‘Sensitive Payment Data’’. Sensitive Payment Data and other information provided to PayPorter by User at the time of transaction is stored and used for the purpose of providing Payment service and managing related operations.
10.2 Such information can be disclosed to PayPorter’s business partners, correspondents and the organizations which issue invoices etc. and need to know the information to conduct the transaction.
10.3 User hereby agrees and declares that his/her information can be disclosed by PayPorter to judicial and/or administrative entities and/or Official Authorities in case of any suspicion of irregularity and/or fraud or upon the request of competent public authorities.
10.4 User hereby agrees and declares to take the measures required to protect the information related to payment transaction (reference number, recipient information etc.) and not to share such information with third parties. If the payment transaction is conducted in a fraudulent or unauthorized manner due to the failure by the User to protect such information or due to the faults of the User; the User hereby agrees and declares to compensate all direct and/or indirect damages and losses arising from such transaction.
- Withdrawal/Cancellation of Payment Transaction and Transaction Fee/Expense Refund Criteria & Process
User is not entitled to withdraw his/her Payment Order issued to the Payment Organization, without prior consent of the Payment Organization. Accordingly, User hereby agrees and declares that he/she may withdraw/cancel the Payment Order in accordance with the following criteria regarding the withdrawal/cancellation of the Payment Order issued to PayPorter. PayPorter reserves its right to make unilaterally changes in this article.
In case of Transaction Fee/Expense Refund Criteria:
11.1 The refund of expenses of the transactions which are requested to be cancelled within the same day is not subject to approval. The expense is refunded unconditionally.
11.2 Expense is not refunded for the cancellation of EFT transactions.
11.3 The refund of expense is subject to approval in case of failure to provide service to customer due to the reason of not being able to view and process the transaction in the system because of technical errors etc.
11.4 Necessary steps are taken to resolve any problems that occur at payment points. In case of failure to resolve the problem, necessary actions are taken depending upon the cause of problem.
11.5 If the payment point declares to the Recipient that it does not have a contract with PayPorter, it is recommended to transfer money via an alternative organization. If the Customer agrees to transfer money via an alternative organization or there is no alternative organization to provide service to the customer, the expense is refunded. Otherwise (in case there is no alternative organization to provide service to the customer or the Customer does not agree to transfer money via an alternative organization), expense is not refunded.
11.6 If the payment transaction is rejected due to exceeding payment limit at the payment point, first of all, the customer is directed to go to a close payment point where the payment can be transferred. If the customer asks for refund in spite of availability of a close alternative payment point, expense is not refunded. If there is no close alternative payment point, expense is refunded.
11.7 If each office of the Contracted Organization does not have payment authorization and there is no close alternative payment point, expense is refunded.
11.8 In case of transfer of fund to wrong country or wrong amount etc. due to fault of User, expense is refunded.
11.9 If the payment transaction is rejected due to compliance/blacklist controls conducted by PayPorter’s Compliance Department, expense is not refunded.
11.10 In case of failure to transfer the payment due to a mistake of Recipient’s name, the mistake is fixed and necessary support is provided to transfer the payment. If the Customer does not make a correction request but asks for refund, then expense is not refunded.
11.11 In case of transfer of funds in the name of a person; if a refund is requested due to change of country and amount, expense is refunded on the condition that the transaction will be repeated. If the transaction is not repeated in the above-mentioned conditions and refund is requested, then refund of expense is subject to approval.
11.12 Payment transactions which are not received by the Recipient within 30 business days are refunded without collecting any expenses.
11.13 Expense is not refunded for the EFT transaction, which is sent to an account or credit card in Turkey but which is returned by the intermediary bank for any reasons.
In case of Transaction Fee/Expense Refund Process:
11.14 Customer makes a request of refund of expense through call center, representation offices or branches.
11.15 If a request of refund is made through call center, the status of transfer is checked and if the payment has not been made to the recipient yet, the customer is directed to go to the closest payment point to start the refund process.
11.16 A cancellation request can be made within the same day as the date of transfer of transaction, unless the money is withdrawn by the Recipient.
11.17 A transaction cannot be cancelled in a day different than the date of transaction, and refund process is started by PorterSystem.
11.18 In case of transfers via EFT and credit card; cancellation/refund request can be started in the system if the EFT operation has not been forwarded to the intermediary bank yet. Cancellation is not possible for EFT and credit card transfers that have been already forwarded to the intermediary bank.
11.19 When starting the refund process from the representation offices and branches, the process is started by selecting the appropriate remark field as with expense/without expense.
11.20 Operation Department assesses refund requests in accordance with the organization’s definition forms and operation conditions and restrictions of organizations.
11.21 It is possible to make a cancellation/refund request by contacting the organization via e-mail if integration is available.
11.22 Expense refund requests are assessed in accordance with the PayPorter’s Expense Refunds Procedure, and they can be declined or rejected in case such requests are not appropriate.
11.23 If the request is not forwarded through the system due to the way of integration, necessary notification is sent to the organization when the refund takes place.
- Intellectual Property Rights
The User hereby agrees and undertakes that he/she will not copy, reproduce, process or distribute any elements of registered or unregistered intellectual property rights such as name, business name, trademark, patent, logo, design, code, information and methods available at the website and in the documentation of the Payment Organization or will not create or prepare any works derived from the same and will not violate the said intellectual property rights in any way whatsoever.
- Competent Court
I hereby declare that I am authorized to execute the above-mentioned transaction and accept that the transaction can be made according to the foregoing information and provisions.
PAYPORTER ÖDEME HİZMETLERİ VE ELEKTRONİK PARA A.Ş. exercises all reasonable attention and care to ensure the confidentiality and security of the personal data collected and processed by it.
This Information Text about the Processing of Personal Data (“Information Text”) was prepared by PAYPORTER ÖDEME HİZMETLERİ VE ELEKTRONİK PARA A.Ş.(“COMPANY”), which is acting in the capacity of data supervisor, to provide you with information about your personal data processed to allow for the execution of Company activities, in accordance with the Article 10 of the Law No 6698 on Protection of Personal Data (“Law”).
Purposes of Processing Personal Data
Your personal data is processed by the Company for the purposes of the management of financial security processes (KYC (Know Your Customer), AML (Anti-Money Laundering), anti-fraud and other irregular procedures, provision of the services of the Company to our customers, execution of the activities required to maintain commercial activities of the Company, improvement of the reputation and business relationships of the Company and determination of the strategies, management of the marketing activities of the Company, ensuring the legal and physical security of the Company and execution of the human resources processes, in relation with the payment services and electronic money operations in accordance with the LAW NUMBER 6493 ON PAYMENT AND SECURITIES RECONCILIATION SYSTEMS, PAYMENT SERVICES AND ELECTRONIC MONEY ORGANIZATIONS and the relevant regulations, and in line with the personal data processing conditions and purposes described in the Article 5 and 6 of the Law No 6698.
Methods and Reasons for Collection of Personal Data
Your personal data is collected by the Company upon your statements, physically or electronically, in line with the relationship between you and the Company. Accordingly, your personal data is collected by the Company directly through the human resources processes, our direct representatives, providers and/or business partners and through contact details recorded according to the legislation while our website and social media accounts are used by you, as well as the contact forms completed electronically by you, other forms completed at our workplaces, offices and representatives, information and documents shared by you in verbal or written communication with our Company through online channels, SMS, electronic mails sent to our Company through electronic mail system, fax or letter, information and documents sent by you to our company through other telephone communication channels, cookies and similar monitoring technologies, post, cargo or courier services, information and documents shared by you with the call center during a telephone conversation or in interviews directly held with our Company and/or business partners, representatives, personal data disclosed by you in any contracts that you sign with our Company as well as verbally, in writing or electronically and data provided by partly or fully automatic or non-automatic methods in the internet and mobile channels, through the databases of various entities and organizations, also by obtaining your consent in legally-mandatory cases, based on the Article 1 and 2 of the Law No 6698, in accordance with the provisions and limitations prescribed by the relevant legislation and the concluded agreements.
Your personal data collected by these methods is processed in line with the personal data processing conditions and purposes described in the Article 5 and 6 of the Law No 6698.
Disclosure of Your Personal Data to Third Parties
In line with the above-mentioned data processing purposes, your personal data is disclosed to the legally-authorized public organizations such as BDDK (Banking Regulation and Supervision Agency), The Financial Crimes Investigation Board (MASAK), Republic of Turkey Central Bank, or private organizations/enterprises as well as direct or indirect affiliates and main shareholders of the Company inland and abroad, support service providers, business partners, consultants and suppliers of the Company, representatives of the Company that execute operations on behalf of the Company, foreign/international public organizations or private organizations and entities such as MasterCard and Visa etc., legally-authorized public legal entities, private individuals or judiciary authorities in accordance with the personal data processing conditions and purposes described in the Article 8 of the Law regarding the transfer of personal data and the Article 9 regarding the transfer of personal data abroad.
Period of Processing Your Personal Data
Your personal data will be processed as long as it is required to do so according to the personal data processing purposes described in this text. If, upon the expiry of such period, there is any legislation provision or legal reason that justifies the processing of the relevant data for a longer period of time, your personal data will be continued to be processed during such periods. Upon the expiry of the foregoing periods, your personal data will be immediately deleted, destroyed or anonymized.
Security Measures Taken In Relation With Your Personal Data
The Company takes all technical and administrative measures required to ensure appropriate level of security for the purposes of preventing illegal processing of your personal data, preventing illegal access to your personal data and keeping your personal data safely.
Your Rights about Personal Data
In accordance with the Article 11 of the Law, you can exercise the following rights in relation with your personal data:
- To know whether your personal data has been processed or not,
- If your personal data has been processed, to ask for information about processing of such data,
- To know the purpose of processing of personal data and to know whether such data is used in accordance with the purpose,
- To know the third parties inland or abroad, to whom such personal data has been disclosed,
- If the personal data has been processed incompletely or wrongly, to ask for correction of it,
- To ask for deletion or disposal of personal data,
- To ask for providing information to third parties, to whom such personal data has been disclosed, in connection with the correction, deletion or disposal of personal data,
- To object to the occurrence of any negative results about data owner through analysis of the processed data exclusively by automatic systems,
- To ask for the indemnification of the loss suffered due to the processing of personal data in violation of the law.
Our Company takes all necessary administrative and technical measures according to the requirements of the legislation so that you can easily exercise the rights granted by the Law to you in the capacity of data owners.
If you want to exercise the above-mentioned rights, you can send your request to our Company by using the following methods and filling in the application form provided at the website of the Company:
o Fulya Mah. Likör YanıSok. No:1/13 Akabe Ticaret Merkezi, Şişli/ İstanbul by registered letter with return receipt or through Notary Public,
o Sign it with secure electronic signature and send it to the e-mail address kvkkbasvuru@payporter.com,
o Send it to hizlipara@hs03.kep.tr from the Registered Electronic Mail (KEP) address.
Our Company takes all necessary administrative and technical measures according to the requirements of the legislation so that you can easily exercise the rights granted by the Law to you in the capacity of data owners.
If you want to exercise the above-mentioned rights, you can send your request to our Company by using the following methods and filling in the application form provided at the website of the Company:
o Fulya Mah. Likör YanıSok. No:1/13 Akabe Ticaret Merkezi, Şişli/ İstanbul by registered letter with return receipt or through Notary Public,
o Sign it with secure electronic signature and send it to the e-mail address kvkkbasvuru@payporter.com,
o Send it to hizlipara@hs03.kep.tr from the Registered Electronic Mail (KEP) address.
Our Company will finalize the requests which you provide us in writing or by other methods to be determined by the Board regarding the exercise of your rights, as soon as possible and within maximum thirty days. We may charge you for your applications according to the tariffs published by the Board.
For the purpose of responding to your applications, the Company may ask for additional information and documents to verify your ID and process your request. If you do not share the required information and documents, we may not respond to your request for the sake of protecting the security of your data.
Presented for information
Best Regards
PayPorter Ödeme Hizmetleri ve Elektronik Para A.Ş
I hereby grant consent to PayPorter Ödeme Hizmetleri ve Elektronik Para A.Ş. (”PayPorter”) to send me audio or visual commercial electronic messages through instant messaging services, telephone, e-mail or any other methods for direct marketing or commercial purposes, and communicate with me by sending SMS or making a voice call to the phone number declared by me in connection with my transactions.
You can, at any time, withdraw your consent regarding the above-mentioned matters without specifying any reasons and without paying a fee, through the e-mail or SMS sent to you by PayPorter Odeme Hizmetleri ve Elektronik Para A.Ş., or by calling the phone number +90 850 811 00 77 or by sending an e-mail to info@payporter.com.tr.
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