Individuals (“User”) who visit and/or use the website (the (“Website”) at the “defacto.com ” address and the “Defacto” mobile application (the “Mobile App”), operated by DEFACTO RETAIL MA S.A.R.L AU (the “Company”) are required to read this Confidentiality Policy prior to using the Website and the Mobile App.

• Certain personal data (name, age, e-mail address, etc.) are requested at the Website and Mobile App in order to serve the Users better. Such data collected through the Website and Mobile App are used within the Website and Mobile App in order to be able to carry out campaign studies or special promotion activities aimed for the User's account. Apart from the personal data; statistical data of the transactions made through the Website or Mobile App are analyzed and retained according to the dispositions of the law 09.08 related to protection of individuals regarding the processing of personal data. 
• The Company absolutely does not share the data communicated to it by membership forms with third parties, outside of the Users' knowledge or unless they have any instructions on the contrary, and does not use and sell such data for any commercial purposes due to any unrelated reasons. 
• The Re-Marketing & Demography and Field of Interest Reporting features of Google Analytics are used in the contents of the Website. Visual Advertising may be excluded from the scope of Google Analytics and the Google Visual Advertising Network advertisements may be customized using the advertisement settings. The Demographic data provided by Google Analytics are used to customize the Website and the advertisements on the Website, if any, according to the fields of interest of the Users. Such data may be shared with advertisement publishers, together with the data of other Users, while they are being used in target mass studies. Such data do not include any personal data (name, surname, National Identification No., gender, age, etc.) in any ways; they are used to make studies regarding User trends and compile the target mass. The sharing of anonymous data with advertisement publishers for advertisement and promotion purposes is approved upon accepting this Use Agreement. 
• Third party providers, including Google, shall display the Website and Mobile App advertisements in the banner areas they provide at the publisher sites on the internet. First party cookies and third party cookies are collectively used by the Website and third party providers, including Google, to collect information regarding the advertisements, and to optimize and publish the advertisements as based on the past visits of the visitors to the Website and Mobile App.
• Personal User data shall be disclosed to public authorities solely under circumstances where they are demanded by court order and such disclosure is compulsory as per the mandatory Moroccan legislation provisions.
• The User credit card data requested on the payment page are not kept on the servers of the Website and Mobile or third party service provider companies in order to maintain the security of Users who purchase from the Website and/or Mobile App at the highest level. Thus, it is ensured that all transactions aimed for payment are realized between the related bank and the device used by the User, through the Website and Mobile App interface.
• By approving this Use Agreement, the User confirms that the data he has shared with the Company are his personal data and such data may be shared with other legal entities that are affiliates of the Company in order to be able to carry out sales and marketing activities and provide proper notification to any communication devices.
• It is always possible to be removed from the e-mail sending list by clicking the "Please click if you do not want to be informed about the campaign announcements." link at the bottom of the e-mails sent within the scope of Website membership or by leaving the "I would like to be informed about campaigns and opportunities" option blank in the "Update Membership Data" field in "My Account" section on the Website.
• The Member expressly consents for his personal data to be processed and transmitted to third parties within the scope of the Laws in Morocco and as covered under the Civil Code. Personal data shall continue to be processed as long a membership is continued.
• The Data Supervisor is DEFACTO RETAIL MA S.A.R.L under the Law and accepts to comply with all its liabilities and obligations in the Law.
• The personal data of the Member are processed in order to offer a better shopping experience, collect and compile statistical data, improve commercial activities and fulfill the liabilities that the membership agreement encumbers the Company with and similar purposes.
• The Member accepts, declares and undertakes that he has expressly consented to the transmission of his personal data to third parties to be determined by the User, domestically or abroad, in order for such data to be retained, stored and processed for any purposes.
• The Personal Data of the Member are collected through this application form or on electronic media, if deemed necessary.
• At any time, the Member is entitled to apply to the Data Supervisor Company under the Law and find out whether his personal data have been processed or not, request information about his processed personal data – if any, find out about the purpose of processing personal data and whether such data have been use as fit for such purposes or not, know the third parties to whom his personal data have been transmitted, request the correction of errors in his personal data and, if transmitted, request such correction to be demanded from the related third parties, request his data to be deleted, destroyed or anonymized upon the elimination of causes necessitating the processing of personal data and, if transmitted, to ask for this request to be communicated to the third party to whom they have been transmitted, challenge a negative result related with the individual as a result of processed data, claim damages under the laws in case any damages are incurred due to processing of data as contrary to the Law.

General

DeFacto and Defacto are the registered trademarks of Defacto Retail Trade Joint Stock Company (Turkey) and DEFACTO RETAIL MA S.A.R.L AU (referred as “Defacto”). (defacto.com), website is the internet store of DeFacto. Access to this Website(defacto.com), the use of this Website and products and services accessed through this Website are subject to the following terms, conditions and notices. You are assumed to have accepted all Service Conditions, which may be revised by us from time to time, by using the services. We encourage you to check this page regularly to be aware of any changes to the Terms of Service. Access to the Website is provided on a temporary basis and we reserve the right to withdraw and change the services without prior notice. The inability to access the Website at any time and for any reasons, regardless of how long, is not under our responsibility. We may restrict access to certain or all parts of the Website from time to time. DeFacto shall be entitled to correct, remove or revise the Services and/or any pages of this Website, solely at its own discretion, at any time and without prior notice.

Privacy policy
You can find our privacy policy in the Privacy Policy section, which explains how we use information about you. By using this Web Site, you acknowledge the transactions made here and guarantee the accuracy of the information you provide.

Website

We shall not be held liable for any damages or losses caused by denial of service attacks, viruses or other technologically malicious materials that may contaminate your computer hardware, computer programs, data and your other materials due to your use of the Website or downloading any materials on this Website or any other sites, links to which are provided on this Website.

Intellectual Property, Software and Contents

The Intellectual Property Rights of all software and contents offered to you on or through the Website shall remain as DEFACTO property and are protected by copyright laws and treaties worldwide. DEFACTO keeps all such rights reserved. You may only store, print and view the contents provided for your personal use. You may not publish, process, distribute any contents that are offered to you or viewed on this Website or the copies of such contents, or reproduce such in any way and in any format, or use any such contents in relation with any business or commercial establishment.

 Sales Conditions

You are deemed to have accepted to purchase the product under and as subject to the following terms and conditions, upon placing an order. The product is required to be available and the order price to be conformed in all orders. The periods to dispatch for distribution vary depending on whether the product is available or not, and any assurances or statements regarding the delivery period are limited to deliveries in Morocco and may be subject to delays due to delays in the mail or force majeure that are beyond our responsibility. For more information, read Delivery Policy announcement. You are required to be above 18 years of age and hold a valid credit card or a debit card issued by a bank that is acceptable for us in order to be able to enter into a contract with DeFacto. Our customers, who do not have a credit card or debit card, may benefit from the 'cash on delivery' option. DeFacto reserves the right to reject any requests from your side. You will be notified by e-mail if your order is approved. You are deemed to undertake that all data you have provided to us while placing your order are true and complete, you are the authorized user of the credit or debit card you have used while generating the order and you have adequate monetary resources to cover the cost of the goods. All prices that are advertised are subject to such changes.

Our Contract

You will receive an approval e-mail confirming the receipt of your order, when you place an order. This e-mail shall solely qualify as a confirmation on that your order has reached us but shall not mean that your order has been accepted.  A contract shall not be generated between you and us until we send you an e-mail confirming that the products you have ordered have been dispatched for distribution. Only the products indicated in the confirmation e-mail sent at the time the products are dispatched for distribution shall be included in the contract.

Pricing and Availability

Although we strive for all information, explanations and prices viewed on the Website to be accurate and assure you in this respect, errors may still occur. If we determine an error concerning the price of any product you have ordered, we shall notify you about this circumstance as soon as possible and offer you the option to re-confirm your order over the correct price or cancel the order. We will process the order as canceled if we are unable to reach you. If you cancel your order and have paid the price of the products, the total amount you have paid will be reimbursed to you. The prices include VAT when applicable.

 Payment

Upon receiving your order that you have generated with your Credit card or Debit card, we subject the card you have used for the payment to a standard preliminary provision check in order to make sure that you have the adequate funds to perform the transaction. Products are not dispatched for distribution before the preliminary provision check is completed. The cost shall be debited to your card after the order is accepted.

Customer Services Representative shall be contacting with customer for Cash on Delivery option. You are required to approve this option by phone. Calling approval is obtained in order for the order to be delivered to the correct person safely. The payment shall be collected in cash at the customer's door by the courier company.  

Gift Checks

 Gift checks may be designated to the account holders. Gift checks are only valid for purchases made through the accounts where they are designated. The gift checks are solely valid in purchases made from this Website, depending on the terms and conditions for use. They are not valid in DeFacto stores.

Discount / Promotion Codes

 We also offer promotion codes as applicable for any or certain purchases made through this Website from time to time. The discount codes are solely valid in purchases made from this Website, depending on the terms and conditions for use. They are not valid in DeFacto stores.

Bonus

Bonuses may be defined for account holders. Bonuses are only valid for purchases made through the accounts where they are designated. Bonuses are solely valid in purchases made from this Website, depending on the terms and conditions for use. They are not valid in DeFacto stores.

Liability

Our liability for the products you will purchase through our Website is subject to Sales Conditions. All due care has been taken in the preparation of the contents of our website. However, we shall not be liable for errors or shortages or technical problems you may encounter in our website. If we are informed on the presence of an error in the contents of our website, we shall try to correct this as soon as possible. We do not accept any liabilities for any damages and losses (arising from the contract, negligence or any other reasons) that may be incurred by you or a third party in connection with our website or any site that our website provides links to, to the extent permitted the laws. This circumstance does not affect our liability for the Products you have purchased through our website. The Conditions for use do not affect your legal rights.

 Invalidity

If any part of the Service Conditions (including provisions where we do not accept any liabilities to you) become unenforceable, any other parts of the Service Conditions shall remain unaffected and the remaining provisions shall fully remain in force. In case it is possible to severe all or a part of any article/item in such a way that the remaining parts shall remain valid, the article shall be interpreted in that way. You are deemed to have accepted that the article shall be corrected in place of that and the article/item shall be interpreted in a way that is similar to the actual meaning to the extent permitted by the laws.

Waiver

If you have violated these conditions and we have not filed suit, we still shall be entitled to exercise our rights and legal remedies in another circumstance where you violate these conditions.

Applicable Law and Jurisdiction

 These terms and conditions shall be construed according to the laws of Morocco, and in case of any disputes or claims in connection with these conditions, such dispute or claim shall be subject to the exclusive jurisdiction of the Moroccan Courts.

Password and account safety

You are required to enter your account and password data (log-in data) in order to access your data recorded on our website. You are responsible to protect the confidentiality of your log-in data and other transactions made under your account. You are required to notify us by promptly by contacting Customer Services, if you have any concerns regarding your log-in data or believe that they are abused. You may deactivate your account at any time you may wish.

Viruses, hacking and other offenses

You should not abuse our website by intentionally spreading viruses, Trojan horses, worms, software bombs, key loggers, spyware, computer software containing advertisements, or malware or other technologically harmful software. You should not attempt any unauthorized access to the website, the server where the website is stored, or any other servers or websites linked to the website, any computer or database. You should not attack the website through denial of service attack or distributed denial of service attack. You may have committed a criminal offense as per the law n ° 07-03 of the11 November 2003 amending and completing the Penal Code in case you violate this provision. Such violation shall be reported to law enforcement bodies and we shall cooperate with them by disclosing your identity. Your right to use the website shall be terminated promptly in case of such violation.

Complaints

We always aim to satisfy our customers as defacto.com. However, you may contact us through our call center .In case you are not satisfied with any aspect of our website or the offered services and would like to file a complaint, you can contact us through support.ma@defacto.com.

WHAT IS A "COOKIE"?

Cookies are very small text files that are recorded on your computers (or other devices such as smart phones or tablets) through the browsers by the websites you visit and are generally composed of letters and numbers. Cookies do not contain personal data of the visitors, such as name, gender or address.

Cookies are generated by the servers that manage the websites you visit. Thus, the server can understand it when the visitor visits the same site again. Cookies may be compared with identification cards showing that the same visitor has re-visited the web site to the website owners.

DeFacto Retail MA limited liability company (LLC). HOW COOKIES USED?

DeFacto Retail MA limited liability company (LLC). cookies;

• In order to remember the choices you have made and personalize your use of the website/mobile app/mobile site. Such use involves:
• • Cookies which record your password and ensure that you are logged in to the website/mobile app/mobile site continuously and thus relieve you from entering your password more than once in every visit.
  • Cookies that remember and recognize you during your subsequent visits to the website/mobile app/mobile site.
• DeFacto Retail MA limited liability company (LLC). uses the cookies in order to determine the way you use the website/mobile app/mobile site, such as where and through which devices you connect to the electronic trade platforms operated by the Club, the contents you view on the website/mobile app/mobile site and the length of your visit.
• It uses them in order to offer the contents and advertisements that are most compatible with you and your fields of interest, in other words, for targeted advertisement/promotion. DeFacto Retail MA limited liability company (LLC) matches the information obtained through the cookies with your other personal data, offers you more relevant contents, customized campaigns and products and does not offer you any contents or opportunities, which you have previously advised that you are not interested in, again.
• To perform the fundamental functions which are required for the Site to operate. For example, the ability of the Site members to log in with their membership details.
• To analyze the Site and enhance the Site performance. For example, to determine the number of those who visit the Site and make performance settings accordingly or facilitate the ability of the visitors to find what they are looking for.
• To increase the Site functionality and ensure ease of use. For example, to recall the user name or search queries of a visitor, who has visited the Site, in his subsequent visits or to provide links to third party social media activities through the Site.
• • To carry out customization, targeting and advertising activities. For example, displaying advertisements related with the fields of interest of the visitors through the pages and products viewed by the visitors.

HOW DeFacto Retail MA limited liability company (LLC). USE THIRD PARTY COOKIES FOR ADVERTISING AND RE-TARGETING?

DeFacto Retail MA limited liability company (LLC). cookies can also be used for; activating website, mobile application or mobile siteof electronic commerce platforms operated by DeFacto Retail MA limited liability company (LLC). and/or "advertisement technology" to present you the advertisements that you might be interested in when you visited websites where DeFacto Retail MA limited liability company (LLC). gave advertisement. Advertisement technology uses the previous information of your visits to the website/mobile application/mobile site and website/mobile application/mobile sites that DeFacto Retail MA limited liability company (LLC). gave advertisement to offer you customized advertisements. A unique third party cookie may be installed on your browser while offering these advertisements, in order for DeFacto Retail MA limited liability company (LLC)to be able to recognize you.

Furthermore, your e-mail address from your personal data is shared with social media platforms in order to be able to offer the advertisements that might attract your attention also on those media and form a special target mass. Your e-mail address is transferred through secure channels and media offered by these platforms. Social media platforms hash your e-mail address and use it solely for mapping. Your e-mail address is not shared with third parties or other advertisers and is deleted from the systems of the social media platforms as soon as possible after mapping is completed.

For example; Facebook will ensure the confidentiality and security of your e-mail address encrypted by the hash method and the Facebook User Identification collection that forms your “special target mass”, which also includes technical and physical security measures developed in order , (a) to protect the safety and integrity of your personal data during the time they are in the Facebook systems and (b) to prevent accidental or unauthorized access to your personal data in Facebook systems and protect your data against accidental or unauthorized use, modification or disclosure. Moreover, Facebook does not provide access or information to third parties or other advertisers, does not add your special target mass data to the information about our users or does not use your special target mass for any purposes other than offering you services, without your permission or unless required by the laws. You may visit: https://www.facebook.com/ads/manage/customaudiences/tos.php?_=_ for Facebook special target mass conditions and https://www.facebook.com/privacy/explanation for Facebook Confidentiality Principles.

Google and Criteo SDK (Software Development Kit) are used in the mobile app instead of cookies.

COOKIE MANAGEMENT

You may obtain information about cookies and exercise your right to permit or reject cookies following the steps given below, depending on the type of your internet browser:

COOKIE VARIETIES

Cookie varieties based on the period of use: Session cookies and permanent cookies are used in the website, mobile app and mobile site of the electronic trade platforms operated by DeFacto Retail MA limited liability company (LLC)., depending on the period of use. A session cookie expires the moment you close your browser. Meanwhile, a permanent cookie remains for a long time or indefinitely on your hard disk.

Cookie types by cookie owner or cookie placement party: in web sites, mobile application and mobile site of electronic commerce platforms operated by DeFacto Retail MA limited liability company (LLC). cookies (first party cookie)” and “third party (third party cookie) cookiess” are used according to the placement party.While DeFacto Retail MA limited liability company (LLC). cookies are generated by DeFacto Retail MA limited liability company (LLC)., third party cookies are managed by third party firms that we collaborate with.

Cookie varieties depending on the purpose of use: Technical cookies, verification cookies, targeting/advertising cookies, customization cookies and analytical cookies are used in the website, mobile app and mobile site of the electronic trade platforms operated by DeFacto Retail MA limited liability company (LLC). uses these cookies to carry out statistical studies aimed to divide the Members into large groups, and determine their spending habits such as average sending amount, age, gender, shopped categories, mobile use ratio, in order to identify the characteristics that differentiate its Members, and carry out campaigns and advertisements compatible with their preferences and tastes.

Information on the cookies used in the DeFacto Retail MA limited liability company (LLC). web site is provided in the following tables:

• Google Chrome: You may permit or block cookies under the "Cookies" tab, by clicking the "lock icon" or the letter "i" in the "address field" of your browser Browser.
• Internet Explorer: You may manage the cookies as "permit" or "do not permit" by clicking the "Security" tab in the "Tools" field on the upper right hand corner of your browser.
• Mozilla Firefox: Click the "open menu" tab on the upper right hand corner of your browser. Click the “Options” image, and select your cookie management using the “Confidentiality and Security” button.
• For other browsers (such as Opera, Microsoft Edge), you may examine the help and support pages of the related browser.
• Safari: You may choose the "Safari" tab in the “Settings” section of your phone ad ensure cookie management in the “Confidentiality and Security” field.
• In addition to the above options; you may visit: https://www.allaboutcookies.org, https://www.youronlinechoices.eu/ for further information on all cookies and cookie management, or use the "Privacy Badger" app (https://www.eff.org/tr/privacybadger)
• You may follow the directions in the Confidentiality and Security Field of your device for cookie or SDK management in mobile apps or download and use Lumen Privacy Monitor (https://haystack.mobi) on your telephone.
• You may continue to use the website, mobile app and mobile site if you reject permanent cookies or session cookies, however you may not be able to access all functions of the website, mobile app and mobile site, or your access may be limited. This may vary in the mobile app.

DeFacto Retail MA limited liability company (LLC). CLARIFICATION TEXT ON PERSONAL DATA PROTECTION

We show great sensitivity regarding your personal data as DeFacto Retail MA limited liability company (LLC)/ (“Defacto” Therefore, we would like to inform you about your rights regarding the use and protection of your personal data within the scope of the Law on the Protection of Personal Data numbered 09.08 that is in force in order to protect your fundamental rights and freedoms.

Personal Data has been defined in law 09.08 as any information of whatever nature and regardless of its support, including sound and image, related to an identified or identifiable physical person, hereinafter referred to as "the person concerned".

An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements of his physical, physiological, genetic, psychological, economic, cultural or social identity;

We collect and process your personal data in order to fulfill our legal obligations due to your product and service relationship with Defacto and inform you about the campaigns, innovations and developments within our Company.

Your personal data may be shared with direct/indirect domestic/foreign affiliates of Defacto, institutions, organizations that represent us collectively during our business relationship and/or our business partners that we collaborate with in order to continue our activities. Furthermore, personal data are shared with courts and other public institutions due to and as limited to our legal obligations.

The personal data you share with Defacto are stored in compliance with the related legal arrangements, the provisions of the law 09. 08 and Defacto standards.

We store your personal data in compliance with law 09.08 as Defacto. As per law 09.08 art. 3, your personal data will be deleted, destroyed or will be made anonymous and continued to be used by us when the purpose that necessitates the processing of personal data is extinguished and/or when the period of limitation we are obliged to comply with in order to process your data as per the legislation has expired.

As per the legislation concerning your processed personal data; you are entitled to learn whether your personal data are processed or not, to request information about how your personal data have been processed in case your personal data have been processed, to find out about the purpose of processing your personal data and whether they have been used as fit for that purpose, to find out about the third parties to whom the personal data have been transferred domestically and abroad, to demand correction in case your personal data have been processed insufficiently or inaccurately, to demand the deletion or destruction of personal data, to demand the procedures for the correction of insufficiently or inaccurately processed personal data and/or deletion or destruction of personal data to be communicated to the third parties to whom the personal data have been transferred, to object to any results to the detriment of an individua obtainedl through the analysis of processed data exclusively by automatic systems, and to demand indemnification for any damages incurred due to the illegal processing of personal data. We respond to your applications that will be made through the Application Form provided on our website within the legally allowed time.

Our valuable customer;

Within the scope of Personal Data Protection Law no. 09.08 ("Law") put into force after publication in the OFFICIAL BULLETIN N ° 5714 - 7 rabii I 1430 (5-3-2009), our Company has the title of Data Supervisor and carries out necessary conformity works to carry out the obligations necessitated by this title. Within this frame, your personal data shall be kept by our Company DeFacto Retail MA limited liability company (LLC) and processed within the frame of your approval during your membership as per this Law and its application decree. We would like to inform you that your Personal Data shall be used by us to provide you a better shopping experience, collecting and compiling statistical information and develop commercial activities. Within this scope you can apply to our company which is the data supervisor whenever you want within the scope of Article 07 and use your rights specified below. According to this, our customers whose personal data were processed have a right to;

• Find out whether his/her personal data are processed or not,
• Request processed personal data and information regarding them,
• Find out about the purpose of processing his personal data and whether they have been processed for the purpose or not,
• Know the third parties to whom the personal data transferred, request change of the mistakes on the personal data and if there is a transfer, to request this correction from the third party,
• Request deletion, removal or Anonymization of the personal data if the cases which require processing personal data are disappeared and if a transfer was made, to request conveying this request to third party,
• Reject negative results of the processed data regarding the person,
• Make claims if a harm is done due to illegal data processing within the frame of the laws.

GENERAL EXPLANATIONS The Law on the Protection of Personal Data numbered 09.08 entitles the owners of personal data defined as concerned persons (to be hereinafter referred to as “Applicant”) to certain requests regarding the processing of their personal data in article of 07 of the Law 09.08. As per article 35 of decree n ° 2-09-165 related to the application of the law 09.08; the applications that will be made to our Company, which is the data supervisor, regarding these rights are required to be made in writing or communicated to us by the writing electronically or directly in local defined by the decree n ° 2-09-165. Within this context, the applications that will be made our Company in "writing" may be communicated by taking a print-out of this form, and;

• With the personal application of the Applicant,
• Through the notary public,
• Or as signed with the "secure electronic signature" of the Applicant as defined in the Electronic Signature Law numbered 53.05 and sent to us through our registered electronic email adress.

Specific information on the written application channels, through which the written applications may be sent to us, is provided below. These requests can be sent to our company by completing Customer Services Communication Form in our website. Assessments regarding your request shll be finalized as soon as possible according to the quality of the request and within thirty days at most and will be sent to you in writing or in electronic environment.

• For PDP Application form please click here.