PERSONAL DATA PROTECTION LAW
CLARIFICATION TEXT REGARDING THE COLLECTION, PROCESSING AND DELETION OF PERSONAL DATA
The purpose of this clarification text is to determine the legal terms and conditions of BAYKAR related to the processing and transfer of personal data received by BAYKAR when applicants submit internship and employment applications, or for other reasons, and use the content hosted by the website https://www.baykartech.com, owned by BAYKAR MAKİNA SANAYİ VE TİCARET A.Ş., under the Personal Data Protection Law №6698, published in the Official Gazette of 07.04.2016.
BAYKAR automatically or non-automatically, for a certain period of time, stores personal data in an electronic environment via a web page. As a personal data controller, BAYKAR processes personal data in accordance with the Personal Data Protection Law, in line with the following explanations:
One can access detailed information about the data processing purposes applicable to each category of personal data that may be processed by or on behalf of BAYKAR as a data controller, via the Data Controllers Registry (VERBIS) maintained by the Personal Data Protection Authority (https://verbis.kvkk.gov.tr/ ).
1) DATA THAT CAN BE PROCESSED
The following is the personal data of the user, which are processed depending on the access to the website and the actions performed on the website:
- Information that may be processed as a result of browsing the website
- Name-surname, ID Number, address, profession, education, marital status, date and place of birth, personal background, e-mail, phone number, gender, license plate, location data shown when entering the website, IP address
- Contact details to be provided to get information about the activities of BAYKAR
- Identity information, education data required to fill in the internship and employment application forms, and other information requested in the forms
In addition to the above, other personal data that are required for the operation of the Website may be processed in accordance with the Law.
2) PROCESSING OF PERSONAL DATA
Personal data are collected in a fully or semi-automatic way, or not automatically, in an electronic environment, through a web site in order to be stored during the required period of time.
Personal data are processed based on the explicit consent of the User. However, personal data may be processed without explicit consent on any legal grounds, provided that data processing is mandatory for the legitimate interests of BAYKAR, and subject to the provisions of paragraph 2 of Article 5 of the Law, namely : (i) clear stipulation in the law, (ii) disclosure of personal data by the personal data owner, (iii) being obligatory for the protection of life or bodily integrity of themselves or someone else, who is unable to express their consent due to actual impossibility, (iv) provided that it is directly related to the establishment or performance of a contract, and it is needed to process the personal data of the parties to the contract, (v) being mandatory for BAYKAR to fulfil its legal obligation, (vi) being mandatory to establish, use or protect any right, (vii) provided that it does not harm the fundamental rights and freedoms of personal data owners.
3) PURPOSE OF PERSONAL DATA PROCESSING
Under Articles 4, 5 and 6 of the Personal Data Protection Law, all personal data will be processed verbally, in writing or electronically for the following purposes:
- To be able to carry out the Human Resources processes and activities within the determined legal framework,
- To plan, audit and execute the information security processes,
- To create and manage the information technology infrastructure,
- To follow-up finance and/or accounting affairs,
- To follow-up contract management, legal transactions establishment and legal processes,
- To ensure facility and personnel safety,
- To perform efficiency and/or appropriateness analysis of the commercial activities, to plan and/or execute these activities,
- To determine and implement the commercial and business strategies,
- To fulfil BAYKAR's contractual and legal obligations fully and duly,
- To evaluate and respond to suggestions, inquiries, complaints and bug reports you send to us via our website and to make improvements following the reports.
4) TRANSFERRING OF PERSONAL DATA
Subject to appropriate measures within the principles of security and confidentiality specified in the Personal Data Protection Law, BAYKAR may transfer your personal data to our direct / indirect / domestic / foreign affiliates, legal entities and individuals with whom we have entered into an agreement related to our activities, suppliers, subcontractors, business partners, shareholders, legal, financial and tax advisors, auditors, audit companies and state institutions or organizations authorized to request such data as required by law, and other relevant persons or institutions within the conditions and purposes of personal data processing specified in Articles 8 and 9 of the Personal Data Protection Law, solely based on the explicit consent of the person or on the legal grounds, and in particular according to the law which we are subject to, if it is clearly stipulated, necessary for the conclusion or performance of the contract, required for the performance of legal obligations or legitimate interests of BAYKAR.
5) DATA SECURITY
BAYKAR is able to take all necessary technical and administrative measures to prevent illegal processing of personal data, prevent illegal access to personal data, ensure the maintaining of personal data and the appropriate level of security. In the event of redirecting to other sites or applications through the website, BAYKAR has no information on the compliance of the redirected sites and applications with the legislation on the protection of personal data and is not responsible for their privacy policies and their contents.
6) RIGHTS OF PERSONS WHOSE DATA ARE PROCESSED
BAYKAR informs the relevant person about their rights in accordance with Article 10 of the Law, provides guidance on how to use such rights, and carries out the internal functional, administrative and technical arrangements necessary for this.
Pursuant to Article 11 of the Law, BAYKAR explains to persons whose personal data are obtained that they have the following rights:
- To learn if personal data are being processed,
- If personal data have been processed, to request information about them,
- To learn the purpose of personal data processing and whether they are used according to the purpose,
- To know the third parties to whom personal data are transferred within the country or abroad,
- To request correction of personal data if they are incomplete or incorrectly processed,
- To request the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7 of the Law,
- To request informing third parties to whom personal data have been transferred about operations (correction and destruction) carried out in accordance with subparagraphs (d) and (e) of Article 11 of the Law,
- To reject the result against the person, which arose exclusively by analyzing the processed data by automatic systems,
- To claim damages in case of damage due to illegal processing of personal data.
Requests and inquiries regarding the implementation of the Law can be submitted in person at "Orhangazi Mahallesi Hadımköy-Istanbul Caddesi No: 258 34538 Esenyurt / İSTANBUL", by filling out the application form on the website, or sent through a notary or electronically to the registered e-mail address email@example.com, using a secure electronic signature or a mobile signature.
All inquiries and requests must include the following:
- Name, surname and signature if the application is in writing,
- ID number for citizens of the Republic of Turkey; nationality, passport number for foreigners,
- or ID number, if any,
- Residential or workplace address for correspondence,
- E-mail address, telephone and fax number for messaging, if available,
- Subject of the request.
Information and documents related to the subject should be attached to the request.
BAYKAR resolves inquiries contained in the request free of charge as soon as possible and no later than thirty days, depending on the nature of the request. However, if the related operation requires additional costs, a fee may be charged at a rate determined by the Board.
BAYKAR may accept the request or reject it by explaining the reason and notifying the relevant person in writing or electronically. If the request in the inquiry is accepted, BAYKAR fulfils the requirements as soon as possible and informs the person concerned. If the reason for the request is BAYKAR`s fault, the fee charged is returned to the data owner.
In case of rejection of the inquiry, insufficient or untimely response to the inquiry, the data owner has the right to submit a complaint to the Board within thirty days from the date of receipt of the response and in any case within sixty days from the date of inquiry.
By using the website, the User certifies that they have read all the written conditions, are informed about the processing of their personal data, accept and agree to the processing of their personal data for certain purposes and to a certain extend.