MEMBERSHIP AGREEMENT

ARTICLE 1 – PARTIES AND DEFINITIONS

This Membership Agreement (“Agreement”) is entered into between:

NTSS Eğitim Danışmanlık Basım Yayın İnşaat Ticaret Limited Şirketi

Address: Beştepe Mah. Nergiz Sok. Via Flat Business Centre Office No: 27-28 Yenimahalle / Ankara – Türkiye

Website: www.ntss.com.tr

Online Learning Platform: www.ntssakademi.com

E-mail: [email protected]

Telephone: +90 (312) 911 55 66

hereinafter referred to as “NTSS”,

and;

Any natural or legal person registering on NTSS websites, online learning platforms, Learning Management System (LMS) infrastructures, or other digital services, hereinafter referred to as the “MEMBER”.

For the purposes of this Agreement:

·         “Platform” refers to NTSS websites, LMS systems, online learning platforms, and digital service infrastructures.

·         “Training Content” refers to all digital training materials including videos, presentations, documents, examinations, tests, workbooks, visuals, audio recordings, and related materials.

·         “Accreditation Body” refers to NEBOSH, IOSH, CFPA-Europe, Exemplar Global, or any other national or international organisations collaborating with NTSS.

·         “KVKK” refers to the Turkish Personal Data Protection Law No. 6698.

·         “Malpractice” refers to unauthorised assistance, fraud, ethical misconduct, plagiarism, or any behaviour compromising examination integrity.

By electronically approving this Agreement, the MEMBER confirms that they have read, understood, and accepted all terms and conditions herein.

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The purpose of this Agreement is to regulate the rights and obligations of the parties relating to the MEMBER’s use of NTSS digital platforms, LMS systems, online training services, membership systems, and other digital services.

ARTICLE 3 – MEMBERSHIP AND ACCOUNT SECURITY

3.1 The MEMBER confirms that all information provided during registration is accurate, current, and complete.

3.2 User accounts are personal. Usernames and passwords may not be shared with third parties.

3.3 The MEMBER is responsible for maintaining the security of their account and for all activities conducted through their account.

3.4 NTSS may request additional identity verification where deemed necessary.

3.5 NTSS reserves the right to suspend or terminate membership in cases of false, misleading, or incomplete information.

3.6 The MEMBER agrees not to attempt any unauthorised access to the platforms.

3.7 The MEMBER declares that they have the legal capacity required under applicable legislation to enter into this Agreement. Where necessary, parental or legal guardian consent may be required for users under the age of 18.

3.8 Where a user account is found to be used by third parties, NTSS reserves the right to:

·         suspend course access

·         suspend Membership

·         revoke certificates

·         notify the relevant accreditation body

ARTICLE 4 – PLATFORM USE AND ONLINE LEARNING SERVICES

4.1 Online learning services provided by NTSS are delivered through an internet-based digital access model.

4.2 Course access periods may vary depending on the programme and are specified on the relevant course/programme page.

4.3 User activities on the platform, including training progression records, login information, test results, examination records, and learning activities, may be monitored and recorded.

4.4 Although reasonable technical measures are implemented to maintain uninterrupted platform operation, temporary interruptions may occur due to:

·         internet infrastructure issues

·         third-party service providers

·         maintenance activities

·         cyber security incidents

·         software updates

·         force majeure events

4.5 NTSS reserves the right to temporarily suspend services for platform security, system integrity, or maintenance purposes.

4.6 NTSS does not guarantee uninterrupted or entirely error-free platform operation.

4.7 The MEMBER is responsible for maintaining an up-to-date internet browser, adequate internet connection, and suitable technical infrastructure required for proper platform use.

4.8 Multiple language options may be available on the platform. Course language, content language, and certificate language may vary depending on the programme.

4.9 NTSS may utilise third-party service providers for:

·         payment processing services

·         video conferencing infrastructure

·         LMS infrastructure

·         cloud hosting services

·         examination and assessment systems

·         communication infrastructures

ARTICLE 5 – TRAINING CONTENT AND INTELLECTUAL PROPERTY RIGHTS

5.1 All NTSS training content, digital materials, presentations, examinations, videos, graphics, logos, designs, and related content are protected under intellectual property laws.

5.2 The MEMBER agrees not to:

·         copy content

·         reproduce content

·         make screen recordings

·         share content with third parties

·         use content for commercial purposes

·         publish content outside the platform

·         redistribute training materials

5.3 Digital content provided to the MEMBER is not sold but licensed on a limited, personal, non-transferable, and revocable basis.

5.4 Legal action may be initiated in accordance with applicable legislation in cases of unauthorised use of training content without NTSS’s written consent.

ARTICLE 6 – TRAINING, EXAMINATION, AND CERTIFICATION PROCESSES

6.1 Certain courses provided by NTSS may be subject to the rules and requirements of national or international accreditation bodies.

6.2 Certification processes are conducted in accordance with the current procedures of the relevant accreditation bodies.

6.3 Successful completion of training does not automatically guarantee certification.

6.4 Accreditation bodies may require additional assessment, verification, or review processes.

6.5 Within digital assessment processes, the following may be treated as malpractice or academic misconduct under the rules of relevant accreditation bodies:

·         plagiarism

·         fraud

·         unauthorised assistance

·         account use by third parties

·         breaches of examination security

·         unauthorised use of artificial intelligence

·         use of automated response systems

·         use of third-party support mechanisms

6.6 NTSS reserves the right to implement decisions issued by relevant accreditation bodies where necessary.

6.7 NTSS shall not be held responsible for delays arising from external accreditation body decisions or processes.

ARTICLE 7 – PERSONAL DATA PROTECTION

7.1 Personal data relating to the MEMBER is processed in accordance with KVKK and applicable legislation.

7.2 Detailed information regarding personal data processing is separately provided through:

·         KVKK Information Notice

·         Explicit Consent Statement

·         Data Protection Policy

7.3 Where required for training and certification processes, relevant user information may be shared with accreditation bodies.

7.4 NTSS implements appropriate technical and administrative measures to maintain information security.

7.5 NTSS manages information security processes in line with the principles of the ISO/IEC 27001 Information Security Management System approach.

ARTICLE 8 – COMMUNICATION AND ELECTRONIC NOTIFICATIONS

8.1 NTSS may communicate with the MEMBER through:

·         e-mail

·         SMS

·         telephone

·         platform notifications

·         electronic communication systems

8.2 The MEMBER is responsible for ensuring that contact details remain current and accurate.

8.3 NTSS shall not be responsible for system-generated e-mails being directed to spam or junk folders.

8.4 The MEMBER may access detailed information regarding enquiries, complaints, and appeals through the relevant procedures published on the NTSS website.

ARTICLE 9 – PROHIBITED USES

The MEMBER may not:

·         perform actions that may damage the system

·         attempt unauthorised Access

·         upload malicious software

·         use other users’ Accounts

·         share training content

·         compromise platform security

·         upload unlawful content

·         attempt to manipulate training or examination processes

·         engage in conduct intended to mislead accreditation processes

NTSS reserves the right to suspend or terminate membership in such cases.

ARTICLE 10 – FORCE MAJEURE

Natural disasters, war, terrorism, pandemics, governmental decisions, power failures, internet infrastructure issues, cyber-attacks, software or system failures, and similar circumstances beyond the parties’ reasonable control shall be considered force majeure events.

In such circumstances, NTSS shall not be held liable for delayed or incomplete performance of its obligations.

ARTICLE 11 – SUSPENSION AND TERMINATION OF MEMBERSHIP

NTSS reserves the right to suspend or permanently terminate membership in cases involving:

·         breach of this Agreement

·          unlawful use

·         violation of system security

·         ethical misconduct

·         fraud

·         misuse

·         unauthorised sharing

·         breaches of accreditation rules

ARTICLE 12 – GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the Republic of Türkiye.

The Courts and Enforcement Offices of Ankara shall have jurisdiction over disputes arising from this Agreement.

Consumers’ statutory rights under applicable legislation remain reserved.

ARTICLE 13 – AMENDMENTS AND EFFECTIVE DATE

13.1 NTSS reserves the right to amend this Agreement where deemed necessary.

13.2 The updated Agreement shall become effective as of the date it is published on the website.

13.3 Continued use of the platforms by the MEMBER shall constitute acceptance of the updated Agreement.

ARTICLE 14 – ACCEPTANCE

☐ I have read and accepted the Membership Agreement.

☐ I have read the KVKK Information Notice.

☐ I have read the Explicit Consent Statement.

☐ I acknowledge that I have been informed regarding the processing of my personal data within the scope of KVKK.

☐ I provide explicit consent for the international transfer of my personal data within the scope of the Explicit Consent Statement. (Optional)

☐ I consent to receiving commercial electronic communications from NTSS regarding courses, events, and announcements. (Optional)

PERSONAL DATA PROTECTION INFORMATION NOTICE

1.DATA CONTROLLER

This Information Notice has been prepared by:

NTSS Eğitim Danışmanlık Basım Yayın İnşaat Ticaret Limited Şirketi

Address: Beştepe Mah. Nergiz Sok. Via Flat Business Centre Office No: 27-28 Yenimahalle / Ankara – Türkiye

Website: www.ntss.com.tr

Online Learning Platform: www.ntssakademi.com

E-mail: [email protected]

Telephone: +90 (312) 911 55 66

acting in its capacity as the data controller under the Turkish Personal Data Protection Law No. 6698 (“KVKK”).

2.PERSONAL DATA PROCESSED

Personal data processed by NTSS may include the following:

Identity and Personal Information

·         First name

·         Surname

·         ID Number

·         Passport details

·         Date of birth

·         Gender information

·         Nationality information

·         Signature records

Contact Information

·         E-mail address

·         Telephone number

·         Mobile phone number

·         Postal address

·         Billing address

Professional and Corporate Information

·         Company details

·         Organisation details

·         Job title / position

·         Professional information

·         Department information

Training and Certification Information

·         Training registration records

·         Attendance records

·         Certificate information

·         Examination results

·         Assessment records

·         Training progression records

·         LMS usage records

·         Digital assessment records

·         Certification process records

Financial Information

·         Invoice information

·         Payment details

·         Bank transfer records

·         Collection records

Transaction Security and System Records

·         IP address

·         Log records

·         System usage records

·         Login and logout records

·         Browser and device information

·         Cookie records

·         Session information

Visual and Audio Data

·         Online meeting recordings

·         Camera recordings

·         Audio recordings

·         Training session recordings

3.PURPOSES OF PROCESSING PERSONAL DATA

Your personal data may be processed for the following purposes:

·         delivery of training and consultancy services

·         provision of online learning services

·         management of LMS processes

·         administration of training registration processes

·         participant verification procedures

·         administration of examination and assessment processes

·         management of certification processes

·         administration of accreditation processes

·         management of digital learning services

·         monitoring of training progression records

·         provision of technical support services

·         management of customer relationship processes

·         administration of sales and after-sales services

·         management of accounting and finance processes

·         invoicing procedures

·         management of information security processes

·         ensuring system security

·         user verification procedures

·         compliance with legal and regulatory obligations

·         fulfilment of legal responsibilities

·         handling enquiries, complaints, and appeals

·         evaluation of job applications

·         management of corporate communication activities

·         provision of course and event notifications

·         statistical and operational analysis activities

·         improvement of service Quality

·         administration of audit and reporting activities

4.METHODS AND LEGAL BASIS FOR COLLECTING PERSONAL DATA

Your personal data may be collected electronically or physically through:

·         websites

·         online learning platforms

·         LMS systems

·         membership forms

·         training registration forms

·         agreements and contracts

·         electronic communication channels

·         e-mail correspondence

·         telephone communications

·         online meeting systems

·         cookies

·         payment systems

·         examination and assessment platforms

·         physical application forms

·         corporate communication processes

Your personal data is processed based on the legal grounds specified under Articles 5 and 6 of KVKK, including:

·         where explicitly provided by law

·         where necessary for the establishment or performance of a contract

·         fulfilment of legal obligations

·         establishment, exercise, or protection of legal rights

·         legitimate interests of the data controller

·         explicit consent

5.TRANSFER OF PERSONAL DATA

Your personal data may be shared with the following parties within the scope of:

·         applicable legislation

·         accreditation and certification requirements

·         service delivery processes

·         legal obligations

including:

·         accreditation bodies

·         certification bodies

·         authorised public institutions and authorities

·         legally authorised private entities

·         payment service providers

·         cloud service providers

·         LMS service providers

·         examination and assessment platforms

·         technical infrastructure providers

·         business partners and suppliers

·         audit and consultancy service providers

For the purposes of international accreditation, examination, certification, and training processes, your personal data may also be shared with relevant overseas accreditation and certification organisations.

International data transfers are carried out in accordance with the relevant provisions of KVKK.

6.COOKIES AND DIGITAL TRACKING TECHNOLOGIES

NTSS websites, online learning platforms, and LMS systems may use cookies and similar digital technologies for purposes including:

·         improving user experience

·         managing security processes

·         ensuring system Performance

·         session management

·         maintaining training progression records

Detailed information regarding cookies is separately provided within the Cookie Policy.

7.STORAGE AND SECURITY OF PERSONAL DATA

NTSS implements appropriate technical and administrative measures to ensure the security of personal data.

These measures may include:

·         access control systems

·         logging systems

·         network security measures

·         antivirus systems

·         firewalls

·         encryption

·         backup systems

·         authorisation controls

·         intrusion prevention systems

·         user access management

·         data loss prevention systems

NTSS manages information security processes in line with the principles of the ISO/IEC 27001 Information Security Management System approach.

Personal data is retained for the periods prescribed by applicable legislation or for as long as necessary for the relevant processing purposes.

User activities carried out through online learning platforms, training progression records, examination transactions, assessment records, and system usage activities may be monitored and retained for the administration of training and certification processes.

Where applicable, NTSS fulfils its VERBIS obligations in accordance with the relevant legislation.

8.RIGHTS OF THE DATA SUBJECT

Under Article 11 of KVKK, data subjects have the right to:

·         learn whether their personal data is being processed

·         request information regarding processing activities

·         learn the purpose of processing

·         learn the third parties to whom personal data is transferred domestically or internationally

·         request correction of incomplete or inaccurate data

·         request deletion or destruction of personal data under KVKK

·         request notification of such actions to third parties

·         object to adverse outcomes resulting from automated processing systems

·         request compensation for damages arising from unlawful processing

9.APPLICATION PROCEDURE

Requests within the scope of KVKK may be submitted to NTSS in writing or through other methods specified under applicable legislation using the contact details below:

NTSS Eğitim Danışmanlık Basım Yayın İnşaat Ticaret Limited Şirketi

Address: Beştepe Mah. Nergiz Sok. Via Flat Business Centre Office No: 27-28 Yenimahalle / Ankara – Türkiye

E-mail: [email protected]

Telephone: +90 (312) 911 55 66

Applications shall be evaluated and concluded within the periods specified under the relevant legislation.

10.AMENDMENTS AND EFFECTIVE DATE

NTSS reserves the right to amend this Information Notice where deemed necessary.

The updated version shall become effective as of the date of publication

EXPLICIT CONSENT STATEMENT

I hereby declare that I have read and understood the KVKK Information Notice provided to me pursuant to the Turkish Personal Data Protection Law No. 6698 (“KVKK”) and that I freely decide whether or not to provide my explicit consent to the personal data processing activities specified below.

This Explicit Consent Statement does not replace the KVKK Information Notice and has been prepared solely for personal data processing activities that require explicit consent.

1. EXPLICIT CONSENT FOR INTERNATIONAL DATA TRANSFERS

For the purposes of administering international courses, examinations, accreditation and certification processes;

I hereby give my explicit consent to the sharing and international transfer of the following personal data, to the extent required by the relevant international organisations, with overseas accreditation and certification bodies, including, where applicable, organisations such as NEBOSH, IOSH, CFPA Europe, Exemplar Global and other relevant international accreditation or certification bodies:

• Identity information;

• Contact information;

• Learner transaction records (including course registration records, examination records, certification records and other information required for the relevant processes);

• Enquiry, complaint and support records.

I acknowledge that I have been informed that the international transfer of my personal data may be necessary for the administration of the relevant international course, examination, accreditation and certification processes.

☐ I give my explicit consent.

☐ I do not give my explicit consent.

2. EXPLICIT CONSENT FOR COMMERCIAL ELECTRONIC COMMUNICATIONS

I hereby give my explicit consent to receiving commercial electronic communications from NTSS regarding:

• Courses;

• Events;

• Seminars;

• Webinars;

• Campaigns and promotions;

• Announcements;

• Informational updates;

• New programmes;

• Corporate activities.

Through the following communication channels:

☐ E-mail

☐ SMS

☐ Telephone

☐ Electronic communication channels

I acknowledge that I have been informed that I may withdraw my preferences regarding commercial electronic communications at any time.

☐ I consent.

☐ I do not consent.

3. EXPLICIT CONSENT FOR THE PROCESSING OF VISUAL AND AUDIO DATA

Where recordings are made during live courses, webinars, virtual classroom sessions, online meetings or similar digital learning activities, I hereby give my explicit consent to the processing of:

• Visual recordings;

• Audio recordings;

• Course session recordings.

for the purposes of enhancing course quality, conducting quality assurance activities, carrying out audit processes, ensuring security, and administering accreditation and certification processes.

☐ I give my explicit consent.

☐ I do not give my explicit consent.

4. EXPLICIT CONSENT FOR THE USE OF PHOTOGRAPHS, VIDEO RECORDINGS AND VISUAL MATERIALS FOR PROMOTIONAL PURPOSES

I hereby give my explicit consent to the use of photographs, video recordings and other visual materials captured during courses, events, webinars or corporate activities organised by NTSS for the following purposes:

• Corporate websites;

• Social media accounts;

• Brochures;

• Promotional and marketing materials;

• Corporate communications activities.

☐ I give my explicit consent.

☐ I do not give my explicit consent.

5. WITHDRAWAL OF EXPLICIT CONSENT

I acknowledge that I have been informed that I may withdraw any explicit consent provided by me at any time in accordance with the applicable legal requirements.

The withdrawal of explicit consent shall not affect the lawfulness of any personal data processing activities carried out prior to the date of withdrawal.

6. DECLARATION

I declare that I have read and understood this Explicit Consent Statement and that any consent provided by me has been given freely, knowingly and without any pressure, influence or coercion.