? Personal Data Protection Policy | Güzeloğlu Attorneys-at-law

Personal Data Protection Policy

1. Objective

The objective of the Personal Data Protection Policy (“Policy”) is to inform and enlighten the persons whose personal data has been processed with regards to the personal data processing activities carried out by the Güzeloğlu Law Office (“Güzeloğlu”) and the compliance of these activities with the Law on the Protection of Personal Data (“LPPD”) numbered 6698 and relevant legislation.

Güzeloğlu guarantees and ensures that its personal data processing activities are carried out in accordance with this Policy and LPPD.

2. Principles Regarding Processing of Personal Data

Güzeloğlu processes personal data in compliance with the procedures and principles set forth in the LPPD and other laws and the following:

a) Lawfulness and conformity with bona fides rules.

b) Accuracy and being up to date, where necessary.

c) Being processed for specific, explicit and legitimate purposes.

d) Being relevant with, limited to and proportionate to the purposes for which they are processed.

e) Being retained for the period of time stipulated by relevant legislation or the purpose for which they are processed.

3. The Purpose of the Processing the Personal Data

Güzeloğlu processes the personal data in compliance with the principles set out in Article 4 of the LPPD and limited to the following purposes.

a) Employees and Prospective Employees

  • To fulfill legal and contractual obligations and liabilities regarding employees and exercising the relevant rights,
  • To publish informative promotions about Güzeloğlu and employees on the websites and pages.
  • To conduct corporate planning activities regarding work and assignment
  • To monitor internal and external areas of the Office buildings utilizing video and audio recordings for the security purposes.
  • To give personal user names, passwords and make authorization assignments within the scope of office activities and track e-mail traffic, computer sessions and other similar information systems.
  • Managing human resources procedures, planning employment processes, evaluating applications and making the relevant communications

b) Clients and Business Partners

  • Providing all kinds of advocacy and legal consultancy services and conducting relevant activities, monitoring and ensuring related processes, preparing reports, position papers and informational notes and presenting them
  • Providing reports, opinions and informational notes on recent legal developments and presenting them,
  • To provide legal trainings and carrying out relevant services/activities.
  • To fulfill legal and contractual obligations and exercising the relevant rights,
  • Providing and ensuring additional, auxiliary and complementary services required for the above-mentioned activities and services (i.e. translation services, information processing services, postal and notification services etc.)
  • Conducting the processes regarding accounting, finance and other relevant activities/services.

4. Conditions for Processing and Transferring of Personal Data

Personal data may be processed and transferred to third parties by Güzeloğlu in order to achieve the above-mentioned purposes provided that explicit consent is obtained.

However, personal data may be processed and transferred without explicit consent provided that under the conditions stated by the law or the followings;

  • It is clearly provided for by the laws,
  • It is mandatory for the protection of life or physical integrity of the person or of any other person who is bodily incapable of giving his consent or whose consent is not deemed legally valid,
  • Processing of personal data belonging to the parties of a contract, is necessary provided that it is directly related to the conclusion or fulfilment of that contract,
  • It is mandatory for the Güzeloğlu to be able to perform its legal obligations,
  • The data concerned is made available to the public by the data subject himself,
  • Data processing is mandatory for the establishment, exercise or protection of any right.,
  • It is mandatory for the legitimate interests of the Güzeloğlu, provided that this processing shall not violate the fundamental rights and freedoms of the data subject.

In addition, the personal data of special nature which are personal data relating to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other belief, clothing, membership to associations, foundations or trade-unions, health, sexual life, convictions and security measures, and the biometric and genetic data are transferred and processed only if explicit consent is obtained.

However, personal data of special nature, excluding those relating to health and sexual life, may be processed and transferred without seeking explicit consent of the data subject, in the cases provided for by laws. Personal data relating to health and sexual life may only be processed and transferred, without seeking explicit consent of the data subject, by any person or authorized public institutions and organizations that have confidentiality obligation, 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.

Güzeloğlu does not transferred personal data abroad without explicit consent is obtained. However, personal data may be transferred abroad without explicit consent provided that one of the conditions set forth in the Article 5(2) and 6(3) of the LPPD and that;

a) Sufficient protection is provided in the foreign country where the data is to be transferred (The Board determines and announces the countries where sufficient level of protection is provided.)

b) The controllers in Turkey and in the related foreign country guarantee a sufficient protection in writing and the Board has authorized such transfer, where sufficient protection is not provided.

Furthermore, in cases where interest of Turkey or the data subject will seriously be harmed, personal data, without prejudice to the provisions of international agreements, may be transferred abroad upon the permission to be given by the Board after receiving the opinions of related public institutions and organizations.

Within the scope of the purpose, terms and conditions detailed above, personal data may be processed and transferred to employees, business partners, service providers, public institutions and organizations and other third parties who are authorized or deemed to be authorized.

5) Personal Data Collection Methods

Guzeloglu may collect personal data through physical documents such as contracts, applications, fax and other documents submitted or presented; through electronically via e-mail, text messages, electronic forms, cookie applications or other similar methods; through verbal communication, either physical meeting or via remote communication tools and may processes such data through non-automatic means provided that the process is a part of any data registry system.

6) The Rights of Data Subject

As per to Article 11 of the LPPD, data subjects are entitled to the following rights;

a) To learn whether his personal data are processed or not,

b) To request information if his personal data are processed,

c) To learn the purpose of his data processing and whether this data is used for intended purposes,

d) To know the third parties to whom his personal data is transferred at home or abroad,

e) To request the rectification of the incomplete or inaccurate data, if any,

f) To request the erasure or destruction of his personal data under the conditions laid down in Article 7 of LDDP,

g) To request notification of the operations carried out in compliance with subparagraphs (e) and (f) to third parties to whom his personal data has been transferred,

h) To object to the processing, exclusively by automatic means, of his personal data, which leads to an unfavorable consequence for the data subject,

i) To request compensation for the damage arising from the unlawful processing of his personal data.

To exercise above- stated rights, Data subjects may make requests to Guzeloglu in writing or by registered electronic mail (KEP) address, secured electronic signature, mobile signature or by the e-mail address which has been previously recorded in the Güzeloğlu’s system or by means of a software or application designed for purposes of this request. In this scope, Data Subjects can submit their requests to contanct information below:

Güzeloğlu Hukuk Bürosu

Adres : Akat Mahallesi Nisbetiye Caddesi Ece Apartmanı No: 49 B Blok Daire 17 34335 Etiler, İstanbul- Turkey

E-Mail : info@guzeloglu.legal

Tel : +90 212 288 1010

Fax : +90 212 288 1015

The application must include following information:

a) Name, surname and signature, if the request is made in writing,

b) For Turkish Citizens, TC identity number; for foreigners, nationality, passport number or identity number if available,

c) Residential and business address subject to the notification,

d) Electronic mail address, telephone, fax number subject to notification if available,

e) Subject of demand,

Güzeloğlu concludes the demands set forth in the request within the shortest time by taking into account the nature of the demand and at the latest within thirty days and free of charge. However, if process requires additional costs, fees may be charged.

7. Scope of Validity of the Policy

This Policy is valid only for the websites and pages under domain name of guzeloglu.legal. Websites and pages under domain name of guzeloglu.legal may refer or contain links to other sites, including various social media outlets.  This Policy and responsibility of Guzeloglu covers only the websites and pages under guzeloglu.legal. Guzeloglu is not responsible in any way regarding the websites and pages that are under domain names other than guzeloglu.legal.

8. Amendments to Policy

Güzeloğlu may make amendments in this Policy provided that it is not in violation of legal obligations and conditions. The amendments will enter into force by the publication on our website, www.guzeloglu.legal. For the most up-to-date Policy, please visit our website.

9. Definitions

For the purposes of this Policy, the following definitions shall apply:

a) Explicit consent: Freely given, specific and informed consent,

b) Data subject: The natural person, whose personal data is processed,

c) Personal data: All the information relating to an identified or identifiable natural person,

d) Processing of personal data: Any operation performed upon personal data such as collection, recording, storage, retention, alteration, re-organization, disclosure, transferring, taking over, making retrievable, classification or preventing the use thereof, fully or partially through automatic means or provided that the process is a part of any data registry system, through non-automatic means,

e) Board: The Personal Data Protection Board,

f) Data registry system: The registry system which the personal data is registered into through being structured according to certain criteria,

g) Controller: The natural or legal person who determines the purpose and means of processing personal data and is responsible for establishing and managing the data registry system.