Data Protection Act

PERSONAL DATA PROTECTION AND PROCESSING AGREEMENT


1- This Personal Data Protection and Processing Agreement has been executed by and between Koineks Teknoloji Anonim Şirketi and users who subscribe to www.thodex.com (hereinafter shall be briefly referred as the “website”). This Agreement – regardless of the date of subscription – is an integral part of the user agreement. 

2- Koineks Teknoloji Anonim Şirketi processes personal data in accordance with the Constitution of the Republic of Turkey, Law on Personal Data Protection and provisions of other binding and applicable laws.

3- Processing Personal Data means all kinds of activities made on such data such as obtaining personal data with fully or partially automatic means or non-automatic means that must be a part of any data recording system and recording, storing, keeping, altering, editing, disclosing, transferring, taking over, making available, classifying or preventing use of such information. 

4- If data subjects forward their requests about exercising their rights to Koineks Teknoloji Anonim Şirketi, these requests shall be handled and concluded free of charge as soon as possible but not later than the maximum period allowed under the laws. However, if this process is subject to any additional cost, Koineks Teknoloji Anonim Şirketi might collect fees.  

The Data Subjects are entitled:

+ To learn if their personal data has been processed or nor, + to demand information, if processed, + to learn the purpose of data processing and to learn if processed data was used for the intended purpose, + to learn the domestic / foreign third parties that received the personal data, + to request correction of data, if processed incompletely / incorrectly, + to demand deletion or destruction of the personal data, if the reasons requiring personal data processing do not exist anymore, + to demand notification of third parties that received the personal data about such processes, + to object, if analysis made through automated systems has a conclusion against the data subjects, + to claim damages, if the data subjects suffer any losses due to illegal processing of the personal data.  

5- Article 11 of the Law on Personal Data Protection lists rights granted to the data subject and this includes “right to request information”. Accordingly, Koineks Teknoloji Anonim Şirketi shall provide the necessary information if the data subject requests information about his/her personal data in accordance with the Constitution and Article 11 of the Law on Personal Data Protection.

For this purpose and in accordance with Article 10 of the Law on Personal Data Protection, the data subjects shall be informed about the following particulars when obtaining the personal data; identity of Koineks Teknoloji Anonim Şirketi, purpose of processing personal data, possible recipients of the processed personal data and purposes of such transfer, method and legal cause of collecting personal data and rights granted to the data subject under Article 11 of the Law on Personal Data Protection. By accepting the user agreement in the Website and registering to the Website, all users accept and agree that they have been informed about the foregoing.     

6- For assuring “data security” in accordance with Article 12 of the Law on Personal Data Protection, Koineks Teknoloji Anonim Şirketi pays utmost attention and care for guaranteeing data security and takes necessary measures with respect to the following particulars: 

It assures all kinds of technical and administrative measures for + preventing illegal processing of personal data, + preventing illegal access to personal data, + protecting personal data and assuring efficient level of security for this purpose. 

7- Koineks Teknoloji Anonim Şirketi, its employees and / or persons who learn such personal data due to their official duties shall not disclose the said personal data to any third party and use the said personal data for a purpose other than the intended purpose by breaching the Law on Personal Data Protection. 

If the processed personal data is obtained by others through methods not mentioned in this text and / or through illegal means, Koineks Teknoloji Anonim Şirketi shall inform the related data subject as soon as possible about this matter. 

8- When processing the personal data, Koineks Teknoloji Anonim Şirketi complies with the principles and rules of integrity and honesty, as required by the regulations.

9- Koineks Teknoloji Anonim Şirketi updates and assures accuracy of the personal data processed by bearing in mind the fundamental rights of the data subjects and its legitimate interests.

10- Koineks Teknoloji Anonim Şirketi determines the purpose of processing personal data clearly and definitely in accordance with the laws. Accordingly, the processing of personal data is restricted to the legal obligations as well as services offered or to be offered. Accordingly, the purpose of processing personal data is stated before start of the personal data processing. 

11- Koineks Teknoloji Anonim Şirketi processes the personal data in a manner sufficient for realization of determined purposes and avoids processing personal data that is not related to or required for realization of the purpose. 

12- Protection of personal data is a right governed by the Constitution. The personal data might be only processed for the reasons mentioned in the law or if agreed by the data subject, as required by the Constitution. Accordingly and as allowed by the Constitution, Koineks Teknoloji Anonim Şirketi processes personal data only for the reasons mentioned in the law or if explicitly agreed by the data subject.

Explicit consent of the data subject must be stated for a specific issue and it must be an informed consent that is given in free will. By subscribing to the Website, each person declares and agrees that s/he has read and agreed to the user agreement and personal data processing agreement, disclosure note and explicit consent form. 

Accordingly, the user hereby waives all rights of objection, lawsuit, claims and requests related to processing of personal data. 

In addition to the explicit consent of the data subject, personal data might be processed in case of any one of the following incidents. Only one of the following circumstances might be the grounds for processing personal data or several of them might be the grounds of processing the same personal data. 

The personal data might be processed if explicitly required by the laws, explicit consent of the data subject cannot be obtained due to actual impossibilities, if directly associated with conclusion or performance of the agreement, if there is a legal obligation or if data processing is required for anonymizing personal data of the data subject, establishing or protecting a right or if data processing is required for legitimate interests of Koineks Teknoloji Anonim Şirketi.

13- According to Article 6 of the Law on Personal Data Protection; race, ethnicity, political views, philosophical beliefs, religion, sect or other beliefs, appearance and dress, membership to any foundation, association or union, health, sexual orientation, imprisonment and data related to security measures as well as biometric and genetic data are considered as “sensitive” data.

Koineks Teknoloji Anonim Şirketi processes sensitive personal data in accordance the Law on Personal Data Protection and provided that sufficient measures to be announced by the PDP Board are taken, and the company acts very carefully in this process.

14- If the personal data was processed in accordance with the Law on Personal Data Protection and provisions of other related laws but the reasons requiring such processing activity do not exist anymore, the personal data shall be deleted, destroyed or anonymized directly by the data controller or upon request of the related data subject. However, Koineks Teknoloji Anonim Şirketi reserves the right of keeping the personal data during the period stated in the binding regulation or as required for the legal purpose of processing. 

15- Koineks Teknoloji Anonim Şirketi acts very carefully and meticulously when sharing the personal data in the country and / or on abroad, and its operations comply with the related regulations. 

16- In accordance with the User Agreement executed by and between the parties and Articles 8 and 9 of the Law numbered 6698 on Personal Data Protection (the “Law”),  as published by the Official Gazette on April 7, 2016; Koineks Teknoloji Anonim Şirketi declares that it shall comply with the particulars listed below in this article. 

A- All personal data including but not limited to all kinds of names-surnames or titles, ID / tax numbers / MERSIS (Central Registration) number, age, sex, occupational / business activities, health, genetic information, ethnicity, religion, family or political information that might be obtained within the scope of your relationship with Koineks Teknoloji Anonim Şirket and that identify or might identify the natural person and that might directly or indirectly identify a person based on password number or based on association with one aspect or several aspects referring to psychological, physical, economic, cultural or social personalities and all kinds of information related to natural persons who might be identified based on one aspect or several aspects shall be considered as personal data and such personal data shall be considered as Confidential Information. 

B- Koineks Teknoloji Anonim Şirketi is obliged to show maximum effort and fulfill its legal obligations with respect to protection of personal data that is protected especially by the Constitution of the Republic of Turkey and also by the Turkish Criminal Code numbered 5237, Turkish Civil Code numbered 4721, Law numbered 6698 on Personal Data Protection and any other primary and / or secondary legislation not mentioned herein but is in force.

If authorized establishments, organizations and judicial authorities demand the information mentioned herein, the contracting parties hereby accept, declare and agree that sharing such information shall be a legal obligation and thus the company shall be legally forced to share such information and Koineks Teknoloji Anonim Şirketi shall not be held responsible for any damages caused by such disclosure. 

C- Provided that Data Subjects of the personal data transferred to Koineks Teknoloji Anonim Şirketi have been duly informed as required by the Law and without prejudice to the legal rights and provisions of the user agreement; Koineks Teknoloji Anonim Şirketi shall be responsible for the data transfer. 

However, the personal data of the users might be transferred to the administrative and official bodies that are legally entitled to receive such information, third parties providing outsourced services as well as cooperating and program partner organizations, establishments, cooperating domestic / foreign organizations, domestic / foreign  / international organizations that offer services / support / consulting services or that are project / program partners, third parties providing support in areas such as security, call center, subcontractors, independent auditors and supporting organizations, such other legal entitles and this transfer shall be for assuring legal and commercial security of the third parties cooperating with the company and / or assuring security of electronic and physical platforms and also for legal obligations but always within the legal restrictions.

Provided that necessary security measures are taken, Koineks Teknoloji Anonim Şirketi might use servers, hosting companies, programs, clouds and such other electronic platforms that offer storage, archiving and IT support in Turkey or on abroad for transferring, processing and storing such data. The user has explicitly approved all such transactions and formalities. Koineks Teknoloji Anonim Şirketi shall not be held responsible for any transactions made within this scope.

17- By registering to the website, the user accepts, declares and agrees that s/he has read, acknowledged each and every article of the user agreement and personal data protection & processing agreement, disclosure and information note and explicit consent form as well as all contents and all provisions of the agreement. 

18- Koineks Teknoloji Anonim Şirketi reserves the right of amending this disclosure and information note because of any future amendments in the Law on Personal Data Protection and methods to be determined by the Personal Data Protection Board.

For written applications: 

Merdivenköy Mah. Nida Kule Göztepe Sitesi Bora Sok. NO:1-3 K:16 D:58 Kadıköy /Istanbul

For e-mail applications: [email protected]