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1. PARTIES

This User Agreement (“Agreement”) herein is executed by and between HELENEX BİLİŞİM A.Ş., (hereinafter referred to as “Helenex”) the headquarters of which is located at Fikirtepe Mah. Barış Sk. No:1/87 Kadıköy/İstanbul and the person signing up as a platform user accessed from www.helenex.com (hereinafter referred to as the “User”). The Agreement shall enter into force upon acceptance by the User in electronic form, and shall remain in force until terminated by the parties in accordance with the procedures set forth in the Contract.

2. DEFINITIONS

The terms referred in this Agreement herein shall have the following meanings;

2.1. Helenex

HELENEX BİLİŞİM A.Ş. located at Fikirtepe Mah. Barış Sk. No:1/87 Kadıköy/İstanbul

2.2. CRYPTO-CURRENCY

Digital assets that allow for secure transactions in a cryptographic/encrypted manner and additional virtual money supply are called crypto currency. Crypto currencies are alternative currencies; they are digital and virtual currencies at the same time.

Crypto-currencies are decentralized structures, unlike central electronic currencies and banking systems. Control of this decentralized structure is performed by Block-Chain databases (*).

2.3 CRYPTO-CURRENCY WALLET

This is a computer file that keeps the User's crypto currency addresses and their passwords. It is possible to make transfers between these addresses. Cryptographic addresses are randomly generated cryptographic public key pairs.

2.4. USER

This is the real person who is a member of the Site, and who benefits from the services provided by Helenex.

2.5. SITE

This is the internet site consisting of the www.helenex.com, and subdomains connected to this domain name.

3. PURPOSE

This Terms of Use agreement regulates the mutual rights and obligations between the User, who is a member of the Site, and Helenex, while the services provided on the site are used. The Helenex website is a buying and selling platform. Through the site, users buy from and sell to each other. The site mediates this buying and selling. For this reason, the prices generated on the site cannot be determined by Helenex. The prices are determined by the supply-demand relationship.

4. STARTING.

This agreement herein shall begin with the User becoming a member of the site electronically. The User undertakes to read and accept all the provisions of this Contract separately while being a member of the Site.

5. RIGHTS AND RESPONSIBILITIES OF PARTIES

5.1. The User declares in full, accurately and up-to-date, the information requested by Helenex in order to benefit from this tool platform. Helenex reserves the right to revoke, suspend or cancel the User’s account by unilaterally terminating the contract due to incomplete or inaccurate information. In this case, the User accepts and undertakes that he/she will not have any recourse to or claims from Helenex.

5.2. The User has the right to establish one single User account. It is forbidden for the User to establish a second account using the same or other information following suspension or termination of the account by Helenex, and all accounts belonging to the User may be canceled and the creation of a new account may be prevented. The User shall be obliged to provide the Company with accurate and correct identification information by submitting, including but not limited to, identity card, invoice, passport, driving license, title deed, birth certificate, bank account book, and in the event that the User is a legal person, by submitting trade registry record signature circulars, etc. to Helenex. Helenex reserves the right to refuse to open the User's account, at its own discretion, without the need for any justification.

5.3. All intellectual and industrial rights related to the services on the website such as software codes, domain names, content, interfaces, product reviews, videos, drawings, algorithms, models and designs provided shall belong to HELENEX BİLİŞİM A.Ş. (Any content or applications provided by third parties are outside this scope.) The software, design and copyright of any submitted services shall belong to Helenex. Helenex does not allow reverse engineering, copying, reproduction and disclosure or the linked pages of such services. The User accepts, declares and undertakes that he/she will not act contrary to these provisions. Any contrary actions to these provisions by the User may constitute unilateral and justified termination of the contract, and all legal and criminal liability belongs to the User.

5.4. The User acknowledges and agrees to comply with this Agreement, the annexes, the applicable legislation, and other rules and conditions envisaged on the site.

5.5. The User accepts, declares and undertakes that he/she is over 18 years old in order to use the site. The User is liable for all damages caused by the submission of inaccurate information about age. In the event that Helenex finds that the User has given incorrect and/or false information, the Company has the right to terminate the contract unilaterally, and to cancel, revoke or suspend the User's account without any notice. Helenex will not be responsible for any damages arising from these circumstances.

5.6. The User is responsible for the accuracy and confidentiality of all information provided while registering on the site, and for not sharing the password or username used while registering on the site, with third parties. The User accepts, declares and undertakes that he/she shall not make any claim from Helenex under any other name for any damages arising in this respect, and that Helenex is irrevocable in this direction.

5.7. It is not technically possible to see how a crypto currency purchased through this site is used, where and for what purpose it was transferred, or whether it was used illicitly. Helenex cannot be held responsible for any damages or loss to the User or third parties arising from the abuse of the crypto currency, or any damages caused by the User or third parties. In the event that a legal liability arises in any way whatsoever in this respect, the User causing such damage shall be liable to indemnify all damages incurred by Helenex. In the event that such damages are not compensated by the User, the User accepts and undertakes to pay default interest.

5.8. Users must ensure the security of their accounts. It is recommended to use a strong password, not share the username or password with anyone, to use the password only for this website, always connect to the site with ''https” and visit “www.helenex.com” or https://helenex.com/, and to check the addresses as security measures by Helenex. The security measures declared by us are a recommendation, and no liability whatsoever shall be attached to Helenex for any damage incurred or arising, even if such security measures have been taken.

5.9. The User may not transfer, sell or assign his/her account or rights to third parties, or let any others use his/her own membership in any way. In such an event, Helenex has the right to cancel, suspend and terminate the User’s account.

5.10. Under no circumstances may any member of the Board of Directors of HELENEX BİLİŞİM A.Ş., its directors, employees or persons preparing the information contained in this site, be held liable or have any legal or punitive responsibility in the event of loss and/or damages arising by or out of the User’s fault. The User acknowledges, declares and undertakes that he/she has no recourse to the persons referred to, under all conditions and circumstances.

5.11. Helenex is a company that is independent of similar purchase and sales platforms, and is not representative of any organization. Helenex shall not be held responsible for any kind of transactions made by the User from any other platform, or for any damages/losses that arise from such transactions.

5.12. Helenex is a mediator site with a crypto currency buying and selling platform. Through the site, users buy or sell crypto currencies by auctioning or tendering each other. The prices that are generated on the site are determined by the buyers and sellers, not by Helenex. Helenex cannot be held responsible for damages or loss caused by users due to changes in prices and damages arising or incurred. The User undertakes not to take any recourse against Helenex in this respect. If the User does not comply with this condition, the User will be responsible for any attorney fees paid by Helenex.

5.13. The User accepts and undertakes not to engage in any activities that will endanger the security and integrity of the computer and network systems on which the site is hosted; not to use or misuse the site in any way that may damage the site, or other systems on which the services are provided, or other users who benefit from the site; not to provide unauthorized access to computer systems hosted by the site or other user accounts or other forms of access outside of the access granted to the site itself; and not to transfer files or illegal content that may harm third-party or Helenex computer systems, devices and software on the Site.

The User is responsible for his/her own improper actions/facts, and for any damages arising from these improper actions, and the User is liable to compensate any damages incurred/arising in any manner damaging Helenex, and the User accepts, declares and undertakes to fully compensate for these damages.

5.14. Should problems arise with the use of the site, the User shall make reasonable efforts to detect and diagnose the problem before it is communicated to Helenex. In case of technical problems such as server error or unexpected movements on the User account which are not caused by the User's lack of knowledge or experience, the User shall immediately notify Helenex. The User must make a declarative notification in the mail environment. Any user who cannot access the system in the event of a delayed situation can give instructions in the approved e-mail registered in the system in case the operation he/she wants to perform is carried out manually in Helenex’s support mail, in a clear and understandable manner. In the event of a systemic problem, the User is responsible for any and all consequences and/or future damages in the event that the User does not give instructions in a clear and comprehensible manner to Helenex’s support mail via the mail registered in the system, and Helenex bears no responsibility. In the event that Helenex receives a mail in this way, the User's instructions must be fulfilled within 24 hours at the latest. Helenex is not responsible for any damages to the User within the period of the execution of the said 24-hour instruction. The User expressly acknowledges, declares and undertakes that the 24-hour instruction fulfillment period is reasonable and fair. In the event that the said instruction is not fulfilled due to force majeure, Helenex shall bear no responsibility. If the User withdraws the instruction prior to the instruction of the User within 24 hours after the first instruction, the second instruction shall be valid and the first instruction will not be fulfilled.

5.15. The User acknowledges that he/she will not use the site for illegal or non-regulatory purposes, and he/she will be responsible for all civil or criminal liability that arises upon illegal or non-regulatory purposes.

5.16. Users may only operate on the Site for legal and regulatory purposes. In the event that the User is found to be in breach of the law, Helenex is not responsible in any way, and Helenex is entitled to pursue all legal remedies and necessary security precautions. The User will compensate for all these damages if the directive is damaged in this case. Included in these items is the cost of proceedings and attorneys' fees.

5.17. If any transactions are suspicious, Helenex has the right to refund money transfers made by the User. The User bears any and all legal and criminal responsibility for every action and transaction by the User while using the services on the Site. Helenex bears no legal or administrative responsibilities.

5.18. Helenex has the unilateral right to amend the deposit and withdrawal rules. Deposit and withdrawal rules are the entire set of warnings and rules on the site's help pages and other pages. The User declares that he/she accepts and acknowledges reading and understanding all the texts and contents.

5.19. Deposits must be made from a bank account registered under the same name as the User. Transfers should be conducted through ATMs via cardless banking methods. In the event that such transactions are found, Helenex has the right to return such transfers.

5.20. In the case of transactions within time periods other than the declared time limits for deposit and withdrawal transactions, Helenex bears no liability for any loss or damage which may be caused.

5.21. In cases where transactions are made at unrealistic prices due to technical errors, Helenex can cancel or reverse these transactions in order to correct the system and ensure correct operation. These User accounts can be frozen and canceled during cancellation and refund. No recourse can be made to Helenex due to such transactions.

5.22. Helenex is obliged to show maximum respect for the security of the crypto currencies in the accounts kept in the name of the users. The crypto currencies belonging to the users are stored in environments where there is no Internet connection to prevent any cyber-attacks. However, Helenex cannot be held responsible for theft / fraud cases that may occur despite all efforts by Helenex. The User accepts this risk and may not make any claim from Helenex due to any damages that may occur in this case.

5.23. The User undertakes not to use the Helenex account as a Bitcoin Wallet and to make Bitcoin withdrawals at the addresses of his/her own wallet. Also, the User agrees that he/she is obliged to return duplicate or incorrect transfers made by Helenex to the withdrawal addresses.

5.24. This site herein only provides services to natural and legal persons residing in the Republic of Turkey.

5.25. Helenex support services are available only through the [email protected] e-mail address. Helenex does not provide support services for users through any other channels except for this e-mail address, does not ask for passwords in support letters, and does not provide a crypto currency address for sending crypto currency from users. This statement is a notification, and Helenex will not be held responsible for any damages or loss suffered by the User due to any e-mail sent apart from the e-mail address specified in this Article.

5.26. There are certain risks associated with investing in crypto currencies. Users declare and undertake that they understand the risks of investing in crypto currencies by acceptance and approval of this contract, and that they will not hold Helenex responsible for any damages or losses that may be caused by the investment. Users are responsible for any and all profits and losses resulting from price changes. In the event that a User has suffered a loss or damage, he/she shall not be able to claim any rights.

5.27. Users are responsible for legal obligations and tax liabilities related to the use of crypto currencies, and Helenex cannot be held responsible for any tax liabilities incurred from the Users' profits and losses.

5.28. Helenex will fulfill the User's transfer transactions as soon as possible. Helenex shall not be liable for damages arising after the failure of deposit and/or withdrawal transactions due to force majeure listed in the Turkish Code of Obligations and the Turkish Commercial Code. Force majeure shall be construed as events that occur outside the reasonable control of the party concerned, including but not limited to, natural disasters, riots, war, strikes, lockouts, failures caused by telecommunication infrastructures, electricity interruptions and bad weather conditions. During the force majeure, the actions of the Parties are suspended. If the force majeure lasts longer than two (2) months, the Contracting Party whose rights cannot be exercised may terminate the Contract. However, for the period in which the balance belonging to the User remains in Helenex, the User shall not make any claims such as interest on the principal etc. from Helenex.

5.29 The User registering on the site must certify their identity and address information (for TL and coin withdrawal transactions). If identity and address information is not documented by the User, Helenex will not allow the User to withdraw the currency from the account. User identity and address information documented by the User into the system is required in order to be adapted to the laws and regulations of the Republic of Turkey, and may be shared with the relevant authorities upon request by said authorities. Helenex undertakes that it will not share the identity and address information of the User with any real and/or legal person except in these cases.

5.30. The User shall, under no circumstances, use the commercial title, trademark, service brand, logos, domain name, etc. of Helenex (or its affiliates).

5.31. The User will be contacted via the e-mail address submitted during the registration process or by means of the site. E-mail communication shall substitute for written communication. It is the User's responsibility to keep their e-mail address up-to-date, to set the e-mail address that Helenex sends any mails as the reliable e-mail address, and to check Helenex for regular notifications. Any and all notifications made to the User’s e-mail address registered in the system are official notices in accordance with the Notification Law and other laws, and the User declares and undertakes that the address is correct and reachable.

5.32. The User acknowledges and undertakes that when he / she becomes a member on the site, he / she has read and understood all the materials of the contract, and approves all the contents of the contract and all its provisions. The User has read and accepted all disclosures made by the BRSA regarding Crypto currencies and any further actions to be made thereafter. A User who does not accept the contract cannot be a member of the site, and should not benefit from the site's services.

5.33. This agreement herein shall be valid when it is announced on the site by Helenex.

5.34. Any invalidity, breach or non-compliance with any provision of this Agreement or any provision of this Agreement shall not affect the validity and execution of the remaining provisions of this Agreement.

5:35. The User will use the bank account registered under the same name as the user name when making currency transfers. The User is responsible for any and all delays that may occur if the User transfers currencies under different names.

5:36. Helenex declares and undertakes to ensure the safety of users who are members of the site. In this context, for the User's security, Helenex will conduct membership registry with 2FA Google Authenticator authentication while setting up membership. Helenex will act as an accomplished merchant, showing all the necessary attention. The User's savings are stored in standalone environments from site servers against any possible cyber-attack.

5:37. The Site, the related software and the contents are provided "AS IS", and within this scope, Helenex bears no responsibility or commitment regarding their correctness, completeness and reliability. Helenex does not guarantee uninterrupted and error-free usage of the Site. Helenex does not guarantee the availability and accessibility of systems that provide access to the Site, while aiming to make the Site accessible and usable 24/7. The User acknowledges that access to the Site may be prevented or interrupted at various times.

The Company shall, under no circumstances, be/be held liable for such damages or losses arising by or from any such interruption or preventions or unauthorized access to the Site or any third party.

5:38. The liability of Helenex for transactions conducted by Users on the Site is limited to reasonable technical effort to transfer Crypto Currencies. If the User transfers Crypto Currencies to the accounts of non-users of the site, Helenex’s liability will be limited to providing the necessary technical data to the peer-to-peer network.

5.39. The User acknowledges that access to the Site and its quality are largely based on the quality of the service provided by the respective Internet service provider, and that no liability is attributable to Helenex in the event of disruptions to such service quality.

5.40. The User acknowledges and undertakes that he/she is the owner of the cash amounts in the Site account and the legitimate owner of the Crypto Currencies, that any transaction he or she has conducted on the Site with respect to the Crypto Currencies is valid and legal, does not violate any law, including regulations on money laundering, that the cash amounts used to purchase the Crypto Currencies and the Crypto Currencies deposited or sold represent the actual values of the funds and come from legitimate sources. The User further agrees that he/she shall not use the Site for any transaction which may be unlawful, including but not limited to fraud, money laundering or terrorism financing which might adversely affect the Site, that the account may be temporarily cancelled or permanently terminated in the event of suspicion of such illegal usages, or the related amount in TL or Crypto Currency might be blocked. In addition, if there is a suspicion of fraud, and there is any request from public institutions, organizations or legal authorities to the Company within this scope, the Company will provide the name, address and any kind of information requested to the related institution.

6. CHARGING

6.1. Helenex will announce all charges for the services it provides in the 'Help' section of the Site. The charges will be effective as of the time they are announced in the help section. The help section of the site can be found at https://helenex.com/fees. The User shall be deemed to have agreed to the payment of this transaction by acceptance and approval of this contract.

6.2. Helenex has the right to collect a transaction fee that it determines for each TL withdrawal by the User. Upon acceptance and approval of this contract, the User shall be deemed to have accepted the transaction fee.

6.3. Helenex has the right to collect a commission (service charge) at a rate that it determines for each purchase-sale transaction by users, and Helenex has the right to change these fees and rates from time to time. Any such changes shall be processed from the moment they are announced on the site.

6.4. Virtual currency transfers cannot be refunded, so commission or transaction fees allocated by Helenex cannot be returned, and users are not entitled to claim a refund on these fees. The User declares and undertakes that he/she is irrevocably deprived of his/her rights due to these actions which he/she thinks he/she has committed incorrectly.

7. CONTRACTUAL AMENDMENTS

Helenex is unilaterally entitled to change and update this disclaimer and all the conditions and provisions included in the contract without prior notice. The User acknowledges and agrees that he/she accepts said changes made by Helenex upon accepting the contract. Said changes shall become effective on the date that they are announced by Helenex on the Site.

8. LAW AND AUTHORIZATION TO APPLY

For any dispute arising out of the use of the Site and/or relating to the terms and conditions stated in the disclaimer and/or in connection with this Site; this User Agreement and the laws of the Republic of Turkey shall form the basis, and Istanbul European Courts and Enforcement Offices have the legal jurisdiction authority.

9. CONFIDENTIALITY POLICY

9.1. Helenex undertakes that it will not disclose the personal information (identity, bill, address, e-mail, telephone, etc.) of Users to third parties except for legal obligations or with the User's explicit consent if this contract is accepted and approved by the User.

9.2. The information provided by Users will not be used in any way other than the rules and purposes stated in the User Agreement, and will not be shared with third parties.

9.3. The User undertakes to use the site in compliance with all the laws and regulations in the Republic of Turkey. In the event of unlawful use, Helenex has the right and authority to share all the User’s information with the relevant authorities. This shall not be construed as a violation of confidentiality, and shall not be construed as assigning any liability to Helenex.

9.4. Helenex may disclose User information to third parties only where it is necessary to comply with the obligations of the written legal rules issued by the relevant legal authorities such as Laws, Decrees, Regulation etc., related to the fulfillment and execution of the contractual requirements between the User and Helenex, when it is necessary to provide information in order to protect the rights or security of the User, when the information is requested by the judicial authorities for research or investigation carried out in accordance with the procedural method. Helenex shall not be held responsible for any damages caused by such circumstances.

9.5 Helenex may provide links to other sites within the Site. It may publish third party advertisements and/or application forms for various services, and may direct Users to third parties' sites or advertisements through these forms and advertisements. Helenex does not bear any responsibility for the privacy practices or policies of other sites accessed through this link.

9.6. Helenex identifies and records the IP addresses of Users, and the models, operating systems and browser information of the devices they use to access the Site. Helenex can use these records to identify users in a general manner, and to collect comprehensive demographic information, to provide system and user account security, to combat counterfeiting, and to comply with legal obligations.

9.7 Any content presented on the site consists of data collected from third parties and from public open source sources. All data, analyses, reports and statistics are processed and presented objectively by a software that automatically processes the information without any regulation or guidance. All news and reports submitted by Helenex are solely for information and advice, and are not guaranteed to be accurate. It is possible that the data may be contradictory or inconsistent, and Helenex shall bear no obligation of any kind due to such circumstances.

10. ENFORCEMENT AND TERMIIMANATION OF THE AGREEMENT

10.1. This Agreement shall enter into force upon acceptance by the User in electronic form, and shall remain in force unless terminated by either party as follows.

10.2. Each of the parties may terminate this Agreement at any time during the contractual term. Where legislative amendments and legal regulations require, Helenex may terminate the Agreement immediately, without any indemnification obligation.

10.3. Failure by the User to comply with the provisions of the present Covenant, and the rules and conditions declared on the Site, constitutes a risk in the sense of legal, technical and information security of the User's activities or any content that is included in the site, if any, or is of a nature contrary to the personal and commercial rights of third parties, Helenex may suspend the User's usage of the site. If said non-compliance has not been remedied even after the notification made by Helenex, the Contract may be terminated unilaterally by Helenex. In case of risks relating to information security and suspicion of illegal actions, as well as the conditions clearly stated in the provisions of this Agreement, Helenex is entitled to terminate the Agreement and the usage of the site by the User without notice and without delay. In such circumstances, the User cannot make any claim against Helenex.

10.4. In the event of termination of this Agreement, Helenex shall transfer the TL amounts to the most recent bank account provided by the User; and the Crypto Currency amounts to the Crypto Currency Address provided by the User if there is no blockage on the User account.

11. Helenex POLICY

No legal, tax or investment consultancy shall be provided within the frame of the site. Information tools accessed through the site are intended to provide general information about purchase and sales transactions made through the site only to users, and these tools shall in no way be construed as investment training or consultancy provided by Helenex.

Decisions regarding the suitability of the transaction for the User’s personal and financial situation, and the risks arising therefrom, are entirely the responsibility of the User, and regardless of the purpose of the transactions carried out by Users on the site; Helenex bears no responsibility for their consequences.

(*) Quoted from the "Crypto-Currency Bitcoin" report published by the Capital Markets Board's research center in December 2016.

Money laundering is a method of covering up illegal resources by converting them into cash or other seemingly legitimate investments.

Helenex is extremely serious about offering our customers the best customer service possible by focusing on account security. In order to prevent money laundering in any shape or form, we are implementing the KYC (Know Your Customer) policy. In this respect, the Anti-Money Laundering Policy (hereinafter referred to as the "AML Policy") summarized the procedures and mechanisms set by Helenex to prevent money laundering.

The main objective of the Anti-Money Laundering Policy is to minimize the risk by evaluating customers, transactions and services of HELENEX BİLİŞİM A.Ş. with a risk-focused approach, to inform employees about laundering of crime revenues and funding of terrorism and provide information in this regard, and to inform customers that the Company abides by the applicable regulations, mainly, the Law on the Prevention of Laundering Crime Revenues no. 5549 and the Law on Prevention of Financing Terrorism.

Within the scope of this AML Policy, in order to avoid any damage to the activities of the Company, customers to which the AML policy shall apply are real persons and/or legal entities who are members of the Platform (“Platform”) accessed on www.Helenex.com, who benefit from the services offered by the Platform, and who accept the conditions of the AML Policy.

Helenex has issued its AML Policy in accordance with international law norms and standards, and applicable legislation. The Company has taken many measures such as adequate verification of the identities of all customers, risk-based approach for monitoring customer transactions, notifying any suspicious transactions by customers to related institutions and authorities in line with the legislation and registering such transactions, and coordinating the implementation and feasibility of the AML Policy at the Company.

1. Accordingly, Helenex applies the following policies:

Not entering into any business relations with criminals and/or terrorists,
Not processing transactions arising from crime and/or terrorist activities,
Not facilitating any procedure regarding crime and/or terrorist activities.

2. Risk assessment

Helenex adopts a risk-based approach towards money laundering and the financing of terrorism in accordance with national and international requirements. Thus, the measures for preventing money laundering and financing of terrorism are proportionate to the identified risks, and allow effective allocation of resources. Resources are used on a priority basis and the greater risks receive greater priority.

Since Helenex adopts a risk-based approach in monitoring the financial activities of its customers, it carries out risk analysis through the following methods in order to prevent money laundering and financing of terrorism, and it may monitor customers according to the information obtained as a result of risk analysis.

Customers and transactions in the high-risk group are as follows:

If the total amount of a single cryptocurrency or the total of multiple connected transactions is equal to or greater than TRY 100,000.00,
If the total amount of a single cryptocurrency exchange or the total of multiple connected transactions is equal to or greater than TRY 100,000.00,
In cases where suspicious transactions must be notified under the current legislation,
If there is any doubt about the accuracy and adequacy of the previously obtained identity information,
If complex operations that have the potential to hide third party beneficiaries take place,
In cases where monetary fund cannot be easily verified,
In unusual transactions with an unclear economic purpose or legitimate purpose.

3. Transaction Monitoring

The monitoring of customer transactions and analysis of acquired data is also an important means of risk assessment and detection of suspicious transactions. If there is any suspicion of money laundering, Helenex has the right to monitor all transactions (customers and transactions in the high risk group, complex and unusual transactions, transactions with high-risk countries, documents and information belonging to customers, written and obligatory information to be maintained regarding sale and purchase of crypto currencies, transactions carried out by customers, whether such transactions are in line with applicable information, etc.) and take the following actions:

Report suspicious transactions to the relevant law enforcement units,
Request additional information and documents from the customer,
Suspending or closing the customer account.

This above is not an exhaustive list, the AML Policy Compliance Officer monitors customers’ transactions on a daily basis, and determines whether to report the customers and deem them as suspicious.

4. Know Your Customer Policy

Please click here for detailed information on our Know Your Customer Policy.

5. Verification Procedure

Helenex will establish its own standards to combat money laundering and to determine compliance with the Know Your Customer (KYC) policy.

Helenex customers complete a verification procedure (they are obliged to present identity documents approved by official authorities: passport or identity card). Helenex reserves the right to collect customer information for AML purposes. Such information is processed and safely maintained according to the Helenex Confidentiality Policy.

Helenex may request a second Customer ID: (Bank receipt or electricity/water bill not older than 3 months, including the full name and actual address of the customer).

Helenex reserves the right to request more information from Customers deemed as risky or suspicious after verifying the accuracy of the documents and information submitted by customers.

If the Customer’s identity information has been altered, or their actions are deemed suspicious, Helenex retains the right to request updated documents even if the previous identity has been verified in the past.

6. Reporting

In cases of suspected anti-money laundering and financing of terrorism related to the services provided by Helenex, transactions deemed as suspicious after the necessary inspections are reported to the Financial Crimes Investigation Board, regardless of the amount of the transactions. The real persons performing the suspicious transaction, and their representatives, executives and employees who do not comply with the obligation to report suspicious transactions, will be liable for all kinds of legal, administrative and penal sanctions.

7. Anti-Money Laundering Officer

The Anti-Money Laundering Officer is a Helenex employee who is responsible for ensuring compliance with the AML Policy: The Anti-Money Laundering Officer is charged with,

Collection of customer identity information,
Creating and updating all internal policies and procedures regarding creating, reviewing, submitting and maintaining all required reports according to current applicable laws and regulations,
Monitoring and analyzing significant deviations caused by customers' extraordinary activities,
Applying a record management system for saving and retrieving documents, files, forms and session entries and exits,
Updating risk assessments regularly.

8. Training, Update and Internal Audit

Helenex fulfills all of its obligations concerning training on staff policy and procedures, issued in line with the applicable legislation. In this respect, the Company provides trainings, mainly on the Procedure for Preventing Money Laundering, and ensures that this information is kept up to date.

Helenex conducts periodical audits to check whether the Company policies and procedures regarding directives and notifications on the “Law Against Money Laundering and Financing of Terrorism” are in line with the applicable legislation.

HELENEX BİLİŞİM A.Ş. ('Helenex') Information on Fair Processing and Transfer of Personal Data

Dear User,

About the Protection of Personal Data Act;

Helenex would like to inform you that we attach great importance to the security of your personal data, and the safety of your data will be our privilege in all services we offer you, both now and in the future.

In line with the provisions of the Protection of Personal Data Act no. 6698 and applicable regulations (“PPDA Regulations”), all information that renders your identity specific or identifiable, including all special personal data, are deemed Personal Data, and will be processed by Helenex, as the Data Supervisor, according to the context explained below, and within the limits prescribed by law and codes.

“Processing of Personal Data” means any kind of transaction performed on said data such as obtaining, recording, storing, maintaining, changing, re-arranging, explaining, transferring, receiving, making accessible, classification or prevention of use.

1. Purpose and Legal Grounds for Processing of Employees’ Personal Data

Your personal data may vary depending on the services and commercial activities provided by Helenex; will be collected and obtained through automated and non-automated methods by Helenex business units, website, call center, telephone calls, SMS records, e-mail addresses, social media, mobile applications and similar means in oral, written and electronic media while you are using the products and services offered, and/or within the legal periods, and will continue to be updated and processed.

Your personal data will be processed in order to protect our legitimate interests, and for Helenex to meet legal and administrative obligations, to establish and perform the agreements that will be concluded with Helenex, to use in products and services you have/will purchase from Helenex, to communicate with you about the products and services you have/will purchase from Helenex, to offer you an effective user service; in addition, to use in marketing activities if you have given permission, for product/service bids, modelling, reporting, scoring, risk monitoring, intelligence, current or new product works and potential user determination, to secure the legal and commercial security of persons who are doing business with Helenex, coordination at and between units of Helenex, to ensure and progress cooperation and efficiency, to resolve any legal conflicts that may or will arise in the future, to answer and meet the demands and questions of our users, to ensure the security of the Helenex website and other electronic systems, to notify any amendments in the regulations or rules and policies adopted by Helenex, or to notify you of any other developments related to you, to examine any breaches of contract and laws in order to carry out our activities offered to you, to prevent such breaches and inform the relevant administrative or legal authorities; to protect the life or corporal integrity of persons or others if:

Customers and transactions in the high-risk group are as follows:

the Data Owner has given clear consent,
it is expressly stated in the laws,
someone who cannot express their consent due to physical conditions or whose consent is not legally accepted according to Article 5 of the Protection of Personal Data Act no. 6698,
Provided that it is directly related to the establishment or execution of the contract concluded with Helenex with your approval and/or signature, your personal data will be processed if the contract requires such process;
If it is required for Helenex to fulfill its legal obligation,
If it is publicized by you personally,
If data processing is required to establish, use or protect a certain right,
In order not to infringe your basic rights and freedoms,
If such processing is required for the legitimate interests of Helenex.

Within the scope of conditions and purposes of personal data processing as stated in Article 6;

the Data Owner has given clear consent,
as specified by the Law.

2. Transferring your personal data

Your personal data may be transferred to administrative and official authorities required for such data to be transferred, their parties we outsource from in order to carry out our activities, our program partner institutions, administrations, local/international institutions we cooperate with, institutions we receive service/support/consultation from or local/foreign/international institutions which are project/program partners, third parties we receive support from in areas such as call centers, subcontractors, independent audit, and support institutions and other similar legal entities and third parties we cooperate with in order to ensure the legal and commercial security of these third parties and/or the safety of the electronic and physical medium, and due to legal obligations within the limits prescribed by law.

Provided that we take the necessary security measures, Helenex may transfer, process or maintain your personal data for storage, archiving, servers supporting information technologies, hosting companies, programs, cloud computing etc. and other electronic media in Turkey or in OECD countries, mainly in EU countries, the USA and the UK.

3. Personal data collection methods

Your personal data will be collected from contracts/information forms and other documents issued with your approval and/or signature, notices you make through electronic approval and/or signatures, by our General Directorate, physical environments, call centers, internet websites, mobile applications, internet operations, social media and other public media, user interviews, scanning of legal records, market intelligence, Identity Sharing System, SMS channels, digital applications to websites, all our mobile applications, written/digital applications sent to sales teams, through call center companies, via verbal, written, visual, audio or electronic means that are or will be used in the future to contact you, completely or partially through automated systems or as part of data recording systems, and are maintained for the legal periods according to the applicable legislation.

Personal data collected for this legal reason may be processed and transferred for the purposes stated in Article 1 and 2 of this text for personal data processing conditions, and the purposes stated in Articles 5 and 6 of the Protection of Personal Data Act No. 6698

4. Your Rights according to Article 11 of the Act

You have the right to:

Find out whether your personal data has been processed,
Request information if processed,
Learn the purpose of processing and whether the information is used accordingly,
Learn of any 3rd parties the data may have been transferred to in the world,
Request correction in case missing/incorrectly processed information,
Request that personal data be deleted or destroyed if the reasons requiring the processing of personal data are eliminated,
Request notification of any transactions made with 3rd parties they have been transferred to in accordance with paragraphs (e) and (f) listed above,
Object to any results against you due to analyzing exclusively via automated systems,
Request compensation for any losses arising due to unlawful processing of personal data.

5. Data Supervisors you may apply to according to the Act

You can submit your requests within the scope of your rights as stated in Article 4 by applying to Helenex’s address listed below in person, by sending a notice through a notary public, or by emailing the email address below from your electronic mail address registered to the Helenex system as notified by you when opening your account.

Any applications submitted to our company must be in Turkish, must include your name, surname, Turkish ID number, your main place of residence or address of your business, your e-mail address and the subject of your request, and the information and documents related to your request must be attached to your application. If your application is in writing, it is also a legal obligation to sign the document.

While your requests will be concluded free of charge as a rule, if the reply to your request incurs a cost, you may be charged according to the tariffs set in PPDA or determined by other authorities.

For written applications:

HELENEX BİLİŞİM A.Ş. Fikirtepe Mah. Barış Sk. No:1/87 Kadıköy/İstanbul