Personal Data Owner Application Guide
- General Information
The Law on the Protection of Personal Data No. 6698 (“KVK Law”) has given personal data owners the right to be informed about their personal data, to access these data, to learn whether they are used for their purposes and to request their correction or deletion.
Pursuant to the first paragraph of Article 13 of the KVKK Law; LLC REKLAM AJANSI PRODUCTION VE DANISMANLIK HIZMETLERI LTD., which is the data controller. ŞTİ (hereinafter referred to as “LLC AJANS”), applications regarding these rights must be submitted in writing via this Personal Data Owner Application Form or by other methods determined by the Personal Data Protection Board (“Board”).In this context, applications to be made to LLC AJANS “in writing”, by printing out this form;
● With the personal application of the Applicant,
● Via notary public,
● By sending it to our company’s registered e-mail address, signed by the applicant with the “secure electronic signature” defined in the Electronic Signature Law No. 5070,
● It can be forwarded to us by sending it to the registered e-mail address of LLC AJANS, with the registered e-mail address it has notified to LLC AJANS. Explanations regarding the written application channels and the information notes to be specified in the submissions are given in the table below.
2. Right of Application Application Topics Pursuant to Article 11 of the KVK Law, anyone whose personal data is processed will be able to apply to LLC AJANS as mentioned above and make requests regarding the following issues:
● Learning whether personal data is processed or not,
● If personal data has been processed, requesting information about it,
● Learning the purpose of processing personal data and whether personal data is used in accordance with its purpose,
● Learning the third parties whose personal data are transferred in the country or abroad,
● Requesting correction of personal data in case of incomplete or incorrect processing and requesting notification of the transaction made within this scope to third parties to whom personal data has been transferred,
● Requesting their deletion, destruction or anonymization in the event that the reasons requiring the processing of their personal data disappear, and requesting the notification of the transaction made within this scope to the third parties to whom their personal data has been transferred,
● Objecting to the emergence of a result against the data owner by analyzing the processed data exclusively through automated systems,
● Requesting the compensation of the damage in case of loss due to unlawful processing of personal data.
Situations Outside the Scope of the Right to Apply Pursuant to Article 28 of the KVK Law, personal data owners will not be able to assert their right of application, since the following cases are excluded from the scope of the KVK Law:
● Processing personal data for purposes such as research, planning and statistics, by making them anonymous with official statistics.
● Processing personal data for art, history, literature or scientific purposes or within the scope of freedom of expression, provided that it does not violate national defense, national security, public security, public order, economic security, privacy of private life or personal rights or constitute a crime.
● Processing of personal data within the scope of preventive, protective and intelligence activities carried out by public institutions and organizations authorized by law to ensure national defense, national security, public safety, public order or economic security.
● Processing of personal data by judicial authorities or execution authorities in relation to investigation, prosecution, trial or execution proceedings. Pursuant to paragraph 2 of Article 28 of the KVKK Law, it is not possible to assert the rights in the following cases, with the exception of the right to demand the compensation of the damage:
● The processing of personal data is necessary for the prevention of crime or for criminal investigation,
● Processing of personal data made public by the person concerned,
● The processing of personal data is necessary for the execution of supervisory or regulatory duties and for disciplinary investigation or prosecution by authorized and authorized public institutions and organizations and professional organizations in the nature of public institutions, based on the authority given by the law,
● The processing of personal data is necessary for the protection of the economic and financial interests of the State with regard to budgetary, tax and financial matters.
3. LLC Agency’s Response Procedure and Time to Applications In accordance with Article 13 of the KVK Law, LLC AJANS will conclude the application requests of personal data owners free of charge within 30 (thirty) days at the latest, depending on the nature of the request. However, if the transaction requires an additional cost, the fee in the tariff determined by the KVK Board may be charged. Our company may accept the application or reject it for the following reasons by explaining the reason, and notify the relevant person in writing or electronically. The application of the personal data owner may be rejected in the following cases:
● Preventing other people’s rights and freedoms
● Requires disproportionate effort
● Information being publicly available
● Endanger the privacy of others
● Existence of one of the situations outside the scope pursuant to the KVK Law (see 2.2.)
4. Right of Personal Data Owner to Complain to the Board Pursuant to Article 14 of the KVK Law, the personal data owner may file a complaint to the KVK Board within thirty days from the date of learning the answer of the data controller, and in any case within sixty days from the date of application, in case his application is rejected, he finds the response insufficient or his application is not answered in due time. No complaint will be made to the Board before an application is made to our company.
5. Other Considerations LLC AJANS may request additional information from the relevant data owner and may ask questions about the personal data owner’s application in order to clarify the issues in the application of the personal data owner.
3. LLC Agency’s Response Procedure and Time to Applications In accordance with Article 13 of the KVK Law, LLC AJANS will conclude the application requests of personal data owners free of charge within 30 (thirty) days at the latest, depending on the nature of the request. However, if the transaction requires an additional cost, the fee in the tariff determined by the KVK Board may be charged. Our company may accept the application or reject it for the following reasons by explaining the reason, and notify the relevant person in writing or electronically. The application of the personal data owner may be rejected in the following cases:
● Preventing other people’s rights and freedoms
● Requires disproportionate effort
● Information being publicly available
● Endanger the privacy of others
● Existence of one of the situations outside the scope pursuant to the KVK Law (see 2.2.)
4. Right of Personal Data Owner to Complain to the Board Pursuant to Article 14 of the KVK Law, the personal data owner may file a complaint to the KVK Board within thirty days from the date of learning the answer of the data controller, and in any case within sixty days from the date of application, in case his application is rejected, he finds the response insufficient or his application is not answered in due time. No complaint will be made to the Board before an application is made to our company.
5. Other Considerations LLC AJANS may request additional information from the relevant data owner and may ask questions about the personal data owner’s application in order to clarify the issues in the application of the personal data owner.
