Politique de confidentialité
INFORMATION ON THE PROTECTION OF PERSONAL DATA
1. Purpose
We, Baymineral Maden ve Kimya Sanayi Dış Ticaret
Limited Şirketi (the“Company”), inform you as a Data Controller under the
Personal Data Protection Law Numbered 6698 (“KVKK”) that since you are a real
person having the commercial activity with the Company, or a real person
supplier and/or customer, the personal data that we request and you shared with
us will be recorded, stored, reorganized for the purpose that requires
processing, sharing with institutions authorized by law to request the personal
data, transferring to the third parties domestically, transferring, classifying
and processing in other ways stated in the KVKK in a limited and measured
manner, in connection with the establishment, maintenance and performance of
commercial activities and relations for processing.
2. Collection and Processing of
Personal Data
Our company will process your
personal data for the purposes specified in this disclosure text. If there is
any change in the purpose of processing your personal data, your consent will
be obtained from you separately.
Your personal data collected and
used by our company are as follows:
|
Personal Data
Category |
Content of Personal Data |
|
Identity Data |
Name-surname, I.D. number, tax identification
number, and signature / abbreviated signature information. |
|
Communication Data |
Telephone number, fax, kep address, full address information, country,
city, e-mail address and other communication data. |
|
Financial Data |
Bank information
such as branch code, account number, IBAN information and account type (TL /
Foreign currency, etc.); current account information; The quantity, price and
tax information of the goods or services subject to the commercial
relationship; trade registry number; Tax Administration; operation type;
information such as subject of activity. |
|
Other Data |
Name-surname, telephone, e-mail and title
information of the performance assistants. |
3.To Whom and For What Purpose the
Processed Personal Data Can Be Transferred
Your personal data collected for the
purposes stated above, Turkish Commercial Code, Tax Procedure Law, Income Tax
Law, Corporate Tax Law, Value Added Tax Law, Stamp Tax Law, Certified Public
Accountant and Sworn-in Certified Public Accountant Law, Banking Law, Personal
Data Protection Law and above to the institutions or organizations that are permitted
and / or authorized by the provisions of other legislation, provided that they
are not limited to the aforementioned legislation; Legally authorized public
legal entities such as the Personal Data Protection Authority, the Ministry of
Finance, the Ministry of Customs and Trade, the Banking Regulation and
Supervision Agency and tax offices; To independent and / or sworn-in certified
public accountants and accountants in order to fulfill their accounting
obligations, to banks, notaries to carry out the contractual relationship, to
business partners and suppliers that we cooperate with, such as communication,
security and data storage; To the affiliates and shareholders of our company,
who are jointly and severally responsible for taking data security measures
such as preserving all kinds of personal data, preventing unauthorized access
and preventing unlawful processing, to legally authorized private law persons,
service providers in Articles 8 and 9 of the KVKK can be transferred within the
framework of the specified personal data processing conditions and purposes.
4. Method of Collecting Personal
Data and Legal Reasons
Your personal data are collected
directly from you as verbal and physical documents, online application system,
mail and e-mail, and closed-circuit camera system channels, automatically or
non-automatically, for the purposes stated above and under the basic principles
stipulated in the KVKK.
5. Your Rights as Personal Data
Owner within the scope of Article 11 of KVKK
As personal data owners, in
accordance with Article 11 of the KVKK you have the rights to;
• Learn whether your personal data
is being processed,
• Request information if your
personal data has been processed,
• Learn the purpose of processing
your personal data and whether they are used appropriately for their purpose,
• Know the third parties in the
country or in abroad to whom personal data have been transferred,
• Request the correction if you
personal data are misprocessed and the notification of such correction ,if any,
to the third parties,
• Request the deletion or
destruction of your personal data within the framework of the conditions
stipulated in Article 7 of the Law and to delete or destroy your personal data
in the transferred persons,
• Object to the occurrence of a
result against you by analyzing your processed data exclusively through
automated systems,
• Request compensation in case you
suffer damage due to unlawful processing of your personal data.
To use your rights stated in the
11th article of KVKK and written above regarding your personal data, bring your
application to the address of the Company with a signature and with your
identity copy; or apply via registered electronic mail (KEP) address, secure
electronic signature, mobile signature or by the applicant to the address
"Küçükbakkalköy Mahallesi, Tevfik Fikret Caddesi No: 32, K: 5 POB34750
Ataşehir, Istanbul, Turkey" via registered mail or a notary public. In
addition, by using the e-mail address previously notified to the Company and
registered in the Company's system, the Company's corporate e-mail address, info@baymineral.com
or https://www.baymineral.com.tr/ or for application, you can apply to the
Company through an improved software or application.
Under Article 13 of the KVKK,
application requests will be concluded free of charge within 30 (thirty) days
at the latest, depending on the nature of the request. If the request is
rejected, the reason (s) for rejection is justified in writing or
electronically. If the transaction requires cost, the tariff determined by the
KVK Board will be applied.
Customer Name and Surname:
Date:
Signature:
GDPR
THE
PROTECTION OF PERSONAL DATA
CONFIDENTIALITY
AGREEMENT
1.
THE PARTIES
This
Confidentiality and Non-Disclosure Agreement (“Contract") is signed by
"Baymineral Maden ve Kimya Sanayi Dış Ticaret Limited Şirketi (" the
"Küçükbakkalköy Mahallesi, Tevfik Fikret Caddesi No: 32, K: 5 POB34750
Ataşehir, Istanbul, Turkey") “Disclosing Party”) and
_________________________ (“ Receiving Party ”) operating at
___________________ on __ / __ / 202*.
The
Disclosing Party and the Receiving Party will be referred to separately as the
"Party" and together as the "Parties".
2.
SUBJECT AND PURPOSE OF THE AGREEMENT
This
Agreement is within the framework of __ / __ / 202* dated _____________ ("Articles of
Association") signed between the parties; Under the Law on the Protection
of Personal Data No.6698 and other relevant legislation ("KVKK" or
"Law"), with the regulation of the obligations of the Parties, before
or during or after the contractual relationship. The parties will share
personal data and sensitive personal data; it determines the rights and
obligations of the parties for the protection of all kinds of information.
3.
DEFINITIONS
3.1.
Explicit Consent: Consent based on the information and expressed with free will
regarding a specific subject.
3.2.
Relevant User: Except for the person or unit responsible for the technical
storage, protection and backup of the data, they are the persons who process
personal data within the organization of the data controller or under the
authorization and instruction received from the data controller.
3.3.
Destruction: Deletion, destruction or anonymization of personal data.
3.4.
Law / KVKK: Personal Data Protection Law No. 6698.
3.5.
Recording Media: Any medium that contains personal data that is wholly or
partially automated or processed non-automatic, provided that it is a part of
any data recording system.
3.6.
Personal Data: All kinds of information regarding an identified or identifiable
natural person. So much, so that personal data includes all types of personal
data of unique nature.
3.7.
Sensitive Personal Data: Data on race, ethnicity, political opinion,
philosophical belief, religion, sect or other beliefs, dress, association,
foundation or union membership, health, sexual life, criminal conviction and
security measures and biometric and its genetic data are personal data of
unique nature.
3.8.
Processing of Personal Data: Obtaining, recording, storing, preserving, changing,
reorganizing, disclosing, transferring, taking over, making available, through
fully or partially automatic means of personal data or non-automatic means
provided that it is a part of any data recording system, Any action taken on
the data, such as classification or prevention of use.
3.9.
Making Personal Data Anonymous: Making personal data unidentifiable or
unrelated to a natural person, even matching with other data.
3.10.
Transfer of Personal Data: The transfer of personal data verbally and / or in
writing by the Disclosing party to the Receiving Party in any electronic medium
or other means.
3.11.
Deletion of Personal Data: Deleting personal data; making personal data
inaccessible and unavailable in any way for Related Users.
3.12.
Destruction of Personal Data: The process of making personal data inaccessible,
unrecoverable and reusable by anyone.
3.13.
Board: Personal Data Protection Board.
3.14.
Data Subject: A real person whose personal data is processed.
3.15.
Data Processor: Real or legal person who processes personal data on behalf of
the data controller based on the authority given by him.
3.16.
Data Controller: Real or legal person who determines the purposes and means of
processing personal data and is responsible for the establishment and
management of the data recording system
4.
PRIVACY
4.1.
All personal data, including unique personal data defined and included in this
article, and all kinds of written, audio, visual and / or verbal information
will be considered Confidential Information
4.2.
At the stage of establishment, execution and after the termination of the
Articles of Incorporation, each Party shall ensure that no official /
unofficial documents, procedures, instructions, financial statements, trade
secrets and correspondence and all kinds of commercial, financial and technical
information belonging to the other Party. ; All kinds of information and
documents transmitted physically or electronically to another party, except for
those that will be made available to the public for the realization of the
contract; Except for those written above, it cannot disclose any information
and document and / or information subject to other legal protection, cannot
illegally process it in an electronic or physical environment, use it in other
companies it will work with, and cannot give it to other third parties for free
or free of charge and cannot mediate its issuance.
4.3.
The Receiving Party cannot operate, transfer or explain in an illegal manner;
Within the scope of the Articles of Incorporation, all kinds of visual or
written documents and information shared with the Receiving Party, especially
those that are shared with the Receiving Party or that are self-consensual, and
which are identified with third parties and other real persons and legal
entities with whom the Disclosing Party has established a membership or
commercial relationship; all kinds of information, document, formula, method,
invention, design, brand, patent, utility model, source code, software,
program, application, computer program, information about new products and
development of new products, descriptions and their working methods, production
and operating techniques and information regarding service, operation,
production, marketing, sales, information technology, financial and
administrative structure, all kinds of lists, information and documents about
customers and potential customers, especially other matters that should be
considered as trade secrets by the Disclosing Party. All kinds of information,
especially address information, biometric data and health data, visual or audio
documents and all kinds of personal data specified in the KVKK, need to be
protected, and special quality personal data belonging to any natural or legal
person sent under the Articles of Association. During or even after the
termination of the contract in any way, without the knowledge and permission of
the Disclosing Party.
4.4.
Situations where Confidential Information needs to be disclosed within the
scope of fulfillment of the obligation of performance pursuant to the Articles
of Incorporation, situations where Confidential Information is required to be
disclosed to official authorities by law, especially KVKK legislation, and
situations with the written consent of the Party sharing the Confidential
Information are reserved.
5.
PROTECTION OF PERSONAL DATA
5.1.
The Parties will process all personal data of natural persons, including unique
personal data transferred between each other, under the principles and
processing conditions stipulated in the Law. Regarding the processing and
transfer of personal data, the parties are obliged to carefully comply with the
requirements and regulations set out in the KVKK, without prejudice to other
provisions in the laws of the Republic of Turkey. The parties shall be liable
to the extent of causing any damage and fault for any damage arising from the
failure to fulfil these and other obligations mentioned in the KVKK in terms of
personal data to be obtained within the scope of this Agreement.
5.2.
Parties;
5.2.1.
While processing personal data, it will comply with the principles in article 5
of KVKK,
5.2.2.
Will not use personal data directly or indirectly other than the purposes and
requirements of the service between the Parties,
5.2.3.
It takes all necessary security measures in its own eyes for the transfer of
personal data,
5.2.4.
Provides necessary technical, administrative and legal protection measures to
prevent unlawful access to personal data,
5.2.5.
During and after the transfer of personal data, it will have responsibilities
regarding the data controller arranged in KVKK,
5.2.6.
The data controller and the relevant user authorized by him / her will act
under all legal regulations, especially KVKK,
5.2.7.
To fulfil its obligations in the Articles of Association, it accepts, declares
and undertakes that it will be responsible for the intent and gross negligence
of the real and / or legal persons from whom it receives services within the
scope of all kinds of services received from real and legal persons who are not
a party to the Articles of Association.
5.3.
Disclosing Party agrees, declares and undertakes that they will securely store
personal data sent/transferred to the Receiving Party under the Articles of
Association or associated with the other Party, of which the Receiving Party is
automatically consented, in the physical or electronic environment within the
appropriate period of Data Transfer. Furthermore, Receiving Party accepts,
undertakes and declares that they will delete or destroy the data under its
protection, storage and destruction policy if the periods foreseen in the legislation,
especially the KVKK Law, expire, or if there is no period stipulated in the
relevant legislation regarding the storage of the personal data and will make
them anonymous. Consequently, the data will be destroyed in a way that cannot
be used and retrieved in any way.
5.4.
If any of the parties violates any of the obligations given above and listed in
the KVKK and the Board determines the violation, the Party that has been
subjected to penalties and sanctions due to its fault irrevocably accepts,
declares and undertakes that the other Party will not have any material or
moral responsibility due to any penalty or sanction imposed by the Board.
5.5.
The adverse Party is not obliged to control and audit whether the obligations
of the Parties specified in this Agreement are fulfilled or not.
6.
AMENDMENT AND WAIVER
6.1.
Amendments, acceptances, changes, or additions to this Agreement will not be
deemed valid and binding without the Parties' written Agreement. The waiver is
not binding unless made in writing by the disclaimer.
6.2.
Failure to exercise any of the rights under this Agreement by the Parties or to
postpone their usage will not be considered a waiver of the rights, and the use
of such rights alone or in part will not prevent the exercise of other rights.
7.
PROTECTION OF PERSONAL DATA, PRIVACY AND BREACH OF PRIVACY
7.1.
The parties acknowledge and undertake that they will fully fulfil their
obligations within the scope of the Personal Data Protection Law No.6698
("KVKK") and the relevant legislation in force and to come into
force. The parties accept and undertake that any information specified in
Article 2 of this agreement and obtained within the scope of the Articles of
Association is Confidential Information and acknowledge that they are obliged
to show the necessary care expected from them in preventing the disclosure of
the trade secrets and Confidential Information that they have been fond of
during the Data Transferred Articles of Association.
7.2.
Receiving Party is obliged to obtain express written consent from the
Disclosing Party to collect, record, process, store, transfer, and share with
the Institutions and Organizations and its domestic and foreign affiliates to
fulfil its obligations under the Articles of Association. Otherwise, all kinds
of direct and indirect damages, damages and compensation and / or
administrative fines under whatever name all third parties demand from the
Disclosing Party and the Disclosing Party will have to pay will be recourse to
the Receiving Party.
7.3.
Receiving Party understands that unauthorized use or disclosure of all or any
part of Confidential Information may harm the Disclosing Party. Therefore, the
Receiving Party acknowledges, declares and undertakes that the partial or
complete violation of this contract will violate the provisions of the Turkish
Commercial Code, Turkish Penal Code and Personal Data Protection Law. All kinds
of legal, financial, administrative and criminal liability due to such a
violation belongs to him, and all positive and negative damages of the
Disclosing Party caused / to be caused by any name whatsoever, without the need
for any notice, warning and judgment (attorney fees and agrees, declares and
undertakes to indemnify compensation (including the costs of the proceedings at
any stage). In addition, it accepts, declares and undertakes to pay __________ TL as penal
clause.
8.
NOTIFICATION ADDRESSES
The
notification procedure and all kinds of notification addresses specified by the
Parties in the Articles of Association are valid to fulfil the matters in this
Agreement and make the required notices and notifications. Suppose any
procedure or address for notification is not specified or cannot be understood
in the Articles of Association. In that case, only the corporate e-mail
addresses of the Parties and the addresses included in the 1st article of this
Agreement will be accepted as the notification address. Without prejudice to
the provisions of the Articles of Association, the Parties agree, declare and
undertake that all notices and notices to be made to the addresses included in
this contract will be valid if they do not notify the other party of the
address changes stated in Article 1 through a notary.
9.
APPLICABLE LAW AND COMPETENT COURT
Istanbul
Courts and Enforcement Offices are authorized to interpret this contract and in
all disputes that will arise due to this contract, and Turkish law is applied.
10.
PARTIAL INVALIDITY
If
any of the articles of this contract are deemed invalid or cancelled, this does
not affect the other articles' validity.
11.
NOTIFICATIONS
The
notices and notifications in Article 18/3 of the Turkish Commercial Code
numbered 6102 will be made through a notary public, registered letter with
return receipt, telegram or registered electronic mail system using a secure
electronic signature.
12.
EFFECTIVENESS AND VALIDITY
12.1.
This Agreement is an annex and integral part of the Articles of Association
signed between the Parties and cannot be interpreted separately from the
Agreement. The parties acknowledge and agree that all changes made with this
Protocol will affect __ / __ / 202*.
12.2.
In the event of a conflict between the Articles of Association and this
Agreement, the provisions of this Agreement are given priority, except for Article
8 of this Agreement.
12.3.
This Agreement has been drawn up in 2 (two) copies and signed by the Parties
with each copy remain in both parties.
|
Disclosing Party |
Receiving Party |
|
Baymineral Maden ve Kimya Sanayi Dış
Ticaret Limited Şirketi |
|
|
Name: Signature: |
Name: Signature: |