PDPL- PERSONAL DATA PROTECTION LAW
Atkasan Waste Utilization Industry and Trade INC.'s Personal Data Protection Policy and Atkasan Waste Evaluation Industry and Trade INC.'s principles adopted in the protection and processing of personal data and taken into account in practice are set forth. Besides, Atkasan Waste Utilisation Industry and Trade INC. gives information about the purposes for which they process personal data, the method of collecting personal data, its legal purpose, to whom the data can be transferred, for what purposes, and the rights of those concerned.
Being the "data controller" in person, specific to its own work and studies, the information and principles in the Policy are valid to all Atkasan Waste Utilization and Trade INC. within the scope of the PDPL.
1) Section: General Information
Atkasan Waste Utilization Industry and Trade INC. processes personal data within the limits stipulated by the legislation, as follows.
Personal Data Collection Method:
Your personal data can be processed and transferred in accordance with the basic principles stipulated by the PDPL, within the scope of the personal data processing conditions and purposes specified in Articles 5 and 6 of the PDPL, provided that it is not used outside the scope and for the purposes specified in this policy by taking information security measures.
Your personal data is collected by our company through different channels and based on different legal reasons, in order to carry out our commercial activities and to benefit from its services. Processed personal data can differ according to the type and quality of our products and services. We can collect your data verbally, in writing or electronically, through automatic or non-automatic methods, through our offices, our website, social media, and the means we have business relations with.
Your personal data you have shared with us at your own desire and will, can be processed as long as you benefit from our products and services and can be updated when necessary, in order to ensure the accuracy and up-to-dateness of your data. Besides, your data can also be processed when you visit, and Trade participate in activities such as events and organizations organized by Atkasan Waste Utilization Industry and Trade INC.
Purposes of Processing Personal Data and Method:
Your personal data (such as name, surname, date of birth, mobile phone number, e-mail, gender, address, profession, education, marital status, identity information, social media, billing information) that you have shared with us voluntarily are processed in order to serve you better. In addition, your personal data is also processed in order to fulfil the said purpose and our legal obligations within the framework of our legal obligations arising from the relevant legislation, especially Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through These Broadcasts and related legislation Law No. 6563 on the Regulation of Electronic Commerce and related legislation, the Turkish Penal Code No. 5237 and Law on the Protection of Personal Data No. 6698 Law No. 5651 on Regulation of Broadcasting on the Internet and Fighting Against Crimes Committed Through These Broadcasts and attached legislation. This time, your personal data will be processed and stored by taking information security measures, provided that it is not used outside of the purposes and scope determined by this Personal Data Protection Policy, based on your explicit consent, provided that the exceptions in Articles 5 and 6 of the Personal Data Protection Law are reserved.
The basis of the personal data processing activity can be only one of the following conditions, and more than one of these conditions may also be the basis of the same personal data processing activity.
Existence of Explicit Consent of Personal Data Owner
One of the conditions for the processing of personal data is the explicit consent of the data owner. The explicit consent of the personal data subject should be explained on a specific subject, based on information and with free will. The data are processed within the scope of the owner's express consent and for the purposes specified in the express consent. As a rule, there is no need to obtain the explicit consent of the data owner in the presence of the following other conditions.
Clearly Prescribed by Law
In the event that the law so prescribes, the data belonging to the data owner shall be processed in compliance with such law. In cases where data processing is permitted by law, data is processed limited to the reasons and data categories in the law concerned with.
Personal data relating to a person who is unable to disclose their consent or whose consent cannot be validated due to practical impossibility may be used for the purpose of protecting that person's or another person's body or life.
Direct Association Regarding the Establishment or the Execution of the Contract
Provided that it is directly related to the establishment or execution of a contract, personal data may be processed if it is necessary to process the personal data of the parties to the contract (providing that the person whose data will be processed based on the establishment or performance of the contract is one of the parties to the contract).
Fulfilling a Legal Obligation
Atkasan Waste Utilization Industry And Trade INC. can process the personal data of the data owner in the event of obligation of performing their legal obligations.
Personal Data Made Public by Data Subject
If the data subject has his personal data publicized, the relevant personal data can be processed limited to the purpose of making it public.
The Fact That Data Processing is Mandatory for the Establishment, Use or Protection of a Right
If it is necessary to process data for the establishment, use or protection of a right, the personal data of the data owner may be processed.
Mandatory Data Processing Due to Legitimate Interests
Provided that it does not harm the fundamental rights and freedoms of the personal data owner, Atkasan Waste Utilization Industry and Trade INC. may process the personal data of the data owner if data processing is necessary for their legitimate interests. In case the processed data is special quality personal data as defined in the KVK Law if there is no explicit consent of the personal data owner, personal data can only be processed in the following cases, provided that adequate measures to be determined by the personal data protection board are taken:
Sensitive personal data other than health and sexual life of the personal data owner, in cases stipulated by the law
Sensitive personal data of data subjects relating to health and sexual life are only processed by any person or authorized public authorities and organizations that have confidentiality obligations, for the purposes of protection of public health, operation of preventive medicine, medical diagnosis, treatment and nursing services, planning and management of health-care services as well as their financing.
Protection of Personal Data
Atkasan Waste Utilization Industry and Trade and Trade INC. takes appropriate necessary measures in order to prevent the unlawful processing of personal data, to prevent unlawful access to these data, to ensure their preservation, and prevents the unlawful processing of personal data by third parties in accordance with Article 12 of the personal data protection law.
Transfer of Personal Data
Your personal data may be transferred, in order to fulfil the purposes, set forth in this Policy, to our Atkasan Waste Utilization Industry and Trade shareholders legally authorized public institutions and organizations, suppliers and business partners, service providers or other third parties and/or abroad, within the framework of the personal data processing conditions and purposes specified in Article 8 and Article 9 of the KVKK.
Rights of Personal Data Owner Listed in Article 11 of the KVKK
Pursuant to Article 11:
You have the rights to learn whether their personal data have been processed or not,
to request the relevant information if personal data has been processed,
To learn about the purpose of processing personal data and whether such data have been used in line with their intended purposes,
To know about the third persons inland or abroad, whom his/her personal data have been transferred to.
To ask for the correction of any data that have been processed incompletely or inaccurately,
To request the correction of personal data in case of incomplete or incorrect processing and requesting notification of the transaction made within this scope to the third parties to whom the personal data has been transferred,
To request the deletion or destruction of personal data in the event that the reasons requiring its processing have disappeared, and to request the notification of the transaction made within this scope to the third parties to whom the personal data has been transferred, although the information has been processed in accordance with the provisions of the KVKK and other relevant laws,
to object to the emergence of any results against the subject themselves by analyzing the processed data exclusively by means of automated systems,
To demand the compensation of the damage in case of loss due to unlawful processing of personal data.
It is important for the information/data you share to be accurate and up-to-date, it is important for the use of the rights held on the data within the meaning of the KVK Law and other relevant legislation, and the responsibilities arising from giving false information belong entirely to you.
You can exercise your rights in accordance with article 11 of the Law No. 6698 mentioned above by contacting etik@atkasan.com.tr.
2) Part: Basic Principles
Atkasan Waste Utilization Industry and Trade and Trade INC. meets the basic principles and conditions in the legislation regarding the protection and processing of personal data, and acts in accordance with the principles listed below in order to ensure that personal data is processed in accordance with the Constitution and the KVK Law.
Compliance of Personal Data Processing Activities with Law and Honesty
Atkasan Waste Utilization Industry and Trade INC.'s Pursuant to Article 4 of the KVK Law, it processes personal data in accordance with the law and honesty, adopts the principle of "transparency" towards data owners and informs personal data owners. Clarity and honesty are the basis in informing, clear information is given about the purpose of use of the personal data collected and the data is processed within this framework. The use of personal data in a way that may cause negative effects on the data owner is avoided without any legal justification.
Ensuring Personal Data Are Accurate and Up-to-Date When Necessary
Atkasan Waste Utilization Industry and Trade INC. ensures that the data it processes is correct and up-to-date.
Processing of Personal Data for Specific, Explicit and Legitimate Purposes
Atkasan Waste Utilization Industry and Trade INC. collects and processes data for legitimate and lawful reasons. Atkasan Waste Utilization Industry and Trade INC. processes personal data in connection with the activities they carry out, in a reasonable manner and to the necessary extent.
Being Related, Limited and Proportional to Purpose of Data Processing
Atkasan Waste Utilization Industry and Trade INC. avoids processing personal data that is not relevant or needed for the purpose of processing. In this framework, it is essential to minimize data processing activity.
Retaining Personal Data for the Period Required for the Purpose Stipulated in the Legislation or for the Purpose for Which They were Processed
Atkasan Waste Utilization Industry and Trade INC.'s keeps the personal data they process in accordance with Article 138 of the Turkish Penal Code and Article 4 and Article 7 of the KVK Law only for as long as required by the relevant legislation and laws or as required by the personal data processing purpose. In this context, first of all, it is determined whether a certain period is foreseen in the relevant legislation for the storage of personal data subject to processing. If a legal period has been determined, this period will be complied with. If the legal period is not determined, the period required for the realization of the processing purpose is determined and personal data is stored for this period. When the period expires, personal data is deleted, destroyed or anonymized if there is no legal reason to keep the data for a longer period of time.
3) Section: Enforcement and Implementation
This Policy has entered into force on February 1st, 2018. In the event that all or certain articles of the policy are updated, the updates will go into effect on the date they are published.
Definitions
Explicit Consent: Consent about a specific subject based on information and expressed in free will.
Anonymization: Anonymization is to make a modification which make personal data lose its qualification and changing it irrevocably.
Affiliated Company: Affiliated company is a company which is directly or indirectly controlled by Atkasan Waste Utilization and Trade INC.
Personal Data Owner: Real person whose data are processed. For example, Customers, suppliers, visitors, employees, and prospective employees.
Personal Data: Any information related to the identified or identifiable real person. The processing of data relating to legal persons is not within the scope of the Law. For instance; name-surname, TR identity number, e-mail, address, date of birth, credit card number, etc.
Sensitive Personal Data: Data on race, ethnicity, political opinion, philosophical belief, religion, sect or other beliefs, the appearance of someone, membership of associations, foundations or trade unions, health, sexual life, criminal conviction and security measures related data, and biometric and genetic data are sensitive personal data.
Processing of Personal Data: All kinds of processes performed on personal data including obtaining, recording, storing, keeping, changing, re-arranging, disclosure, transmission, acquisition, making available, classification or prevention of use in whole or in part, automatically or in non-automatic ways, being part of any data recording system
Data Controller: The person who determines the purposes and means of processing personal data and manages the place where the data is kept systematically (data recording system) is a data controller. For instance, each legal entity.
Data Processor: Data processor is natural or legal entity who processes personal data on data supervisor's behalf and on the basis of the authority authorized by the data controller.
Data Contoller: Atkasan Waste Utilization Industry and Trade INC. (hereinafter referred to as Atkasan), Gurpinar Mah. 7004/13 Sk. No:4 Pinarbasi - Bornova/İZMİR/p>
As Atkasan, we respect the personal data we manage while carrying out our activities and show maximum sensitivity to the security of personal data. In the processing of your personal data, we care about the protection of fundamental right and freedom, especially the privacy of private life, and with this notice pursuant to law numbered 6698 the law on the protection of personal data ("KVKK") we inform you about how your personal data is collected, the purposes of the processing, legal reasons and mutual rights and about our obligations. Your personal data, in the capacity of Data Controller, ATKASAN WASTE UTILISATION INDUSTRY AND TRADE INC. ("Atkasan") may be obtained, recorded, preserved, disclosed, transferred to third parties or abroad or processed in other ways to the extent permitted by the legislation, in accordance with the provisions of the KVKK and within the framework described below.
Collection, Processing and Processing Purposes of Personal Data:
Your collected personal data may be processed by Atkasan in accordance with the basic principles stipulated by the KVKK and the personal data processing conditions and purposes specified in Articles 5 and 6 of the law:
Although your personal data may vary depending on the products and services provided by our Company and its commercial activities, for the purposes listed in more detail below, by automatic or non-automatic methods, our Company's units and offices, Atkasan Waste Utilization Industry and Trade Inc. website, social media channels, mobile applications, training, seminars or organizations organized by Atkasan and similar means can be collected verbally, in writing or electronically. Our company carries out surveillance activities with security cameras in workplaces, offices, facilities and educational institutions for physical security purposes. Visitors are registered at the entrance and exit. Retrospective connection information of Atkasan's internet services is stored in accordance with the requirements of the law. Your personal data can be updated and processed as long as you benefit from the products and services offered by our Company and our affiliates.
Your personal data is processed for the following purposes:
Your personal data is carried out by the relevant departments of Atkasan and carrying out the activities in this direction in order for Atkasan to carry out the commercial activities and services in compliance with the legislation and Atkasan internal policies and procedures; Determination, planning and implementation of Atkasan's commercial policies; Ensuring the legal and commercial security of real or legal persons who have a business relationship with Atkasan and Atkasan (Administrative operations conducted by Atkasan, ensuring physical security and control of Atkasan's office workplace facilities and all similar locations, evaluating Atkasan's customers/suppliers complaints management processes, reputation investigation processes, event management, legal compliance process, internal and external audits, financial affairs etc.),
Designing and executing all kinds of human resources activities of Atkasan and supporting these activities, protecting Atkasan's commercial reputation and trust.
You can access more detailed information on the purposes of processing your personal data by Atkasan by accessing the 'Atkasan, Personal Data Protection and Processing Policy' on the official website of www.atkasan.com.tr.
Transfer of Processed Personal Data:
Your collected personal data; Determining, planning and implementing Atkasan's commercial policies; Ensuring the legal and commercial security of Atkasan and real or legal persons who have a business relationship with Atkasan Waste Utilisation (administrative operations for communication carried out by ATKASAN, ensuring the physical security and inspection of Atkasan's offices, workplaces, facilities and all similar locations, Atkasan evaluation of customers, product vs complaint management processes, reputation research processes, event management, legal compliance process, internal and external audits, financial affairs etc.), designing and executing all kinds of human resources activities of Atkasan and supporting these activities; In order to protect Atkasan's commercial reputation and trust; supervisory and regulatory authorities, relevant public institutions, professional organizations and similar organizations and persons or organizations permitted by the provisions of the Turkish Commercial Code and other relevant legislation, legally authorized public and/or private law legal entities within the scope of their legal authority, limited to the purpose requested, Atkasan Waste Utilization Industry and Trade INC. within the framework of the relevant legal provisions, the personal data may be transferred to our direct/indirect domestic/foreign affiliates, consultants, auditors and/or service providers within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of the Law.
Method and Legal Reason of Collecting Personal Data:
Your personal data is collected in any verbal, written or electronic environment by our company in order to be able to offer the products, training and services we offer for the purposes stated above, and in this context, our company can fulfill its contractual and legal obligations completely and accurately. Your personal data collected for this legal reason can be processed and transferred within the framework of the personal data processing conditions and purposes specified in Articles 5 and 6 of the KVK Law and for the purposes specified in this notice.
Cases Requiring Your Clear Consent For Personal And/Or Sensitive Personal Data:
Pursuant to paragraph 2 of article 5 of the KVKK; provided that it is clearly stipulated in the laws, it is compulsory for the protection of the life or bodily integrity of the person or another person who is unable to express his consent due to actual impossibility or whose consent is not given legal validity, and is directly related to the establishment or performance of a contract, and provided that it is necessary to process the personal data of the parties to the contract, it is obligatory for the data controller to fulfill its legal obligation, it has been made public by the data subject, the data processing is mandatory for the establishment, use or protection of a right, provided that it does not harm the fundamental rights and freedoms of the data subject, in cases where data processing is obligatory for the legitimate interests of the data controller, Atkasan has the authority to process personal data (other than health and sexual life data) without obtaining explicit consent.
Except for the exclusions stated in the legislation and above, all of your personal data, including sensitive personal data, cannot be used without your explicit consent. Before obtaining your explicit consent, you must be fully informed about the reason for processing your data.
Data Security:
We are dedicated to preserving the privacy and security of any personal information you disclose to us. As a result, we take all necessary technological and administrative security measures to protect your personal data from unauthorized access, damage, loss, or disclosure.
Rights of the Personal Data Owner Listed in the Article 11 of the KVKK:
You have the rights to learn whether their personal data have been processed or not,
to request the relevant information if personal data has been processed,
to learn about the purpose of processing personal data and whether such data have been used in line with their intended purposes,
to know the third parties in the country or abroad to whom personal data has been transferred, to request correction of personal data in cases of incomplete or incorrect processing, and to request notification of the transaction made within this scope to the third parties to whom personal data has been transferred,
to request the deletion or destruction of personal data in the event that the reasons requiring its processing have disappeared, and to request the notification of the transaction made within this scope to the third parties to whom the personal data has been transferred, although the information has been processed in accordance with the provisions of the KVKK and other relevant laws,
to object to the emergence of any results against the subject themselves by analyzing the processed data exclusively by means of automated systems,
to ask for the indemnification of any damage arising from unlawful processing of personal data.
You can submit your request to exercise these rights in writing or, in case the Personal Data Protection Board determines a different method, in accordance with that approach.
You can deliver your written request to the address of Gürpınar Mah. 7004/13 Sk. No:4 Pınarbaşı – Bornova /İZMİR in person, together with documents proving your identification, or send it to ik@atkasan.com.tr with a secure electronic signature.
In the application containing your explanations regarding the right that you have as the personal data owner and that you will make and request to use in order to use the above-mentioned rights, the subject you request must be clear and understandable, the subject you request must be related to yourself or, if acting on behalf of someone else, you must be specifically authorized in this regard and document your authority, and the application must contain your identity.
