Clarification Text on the Protection of Personal Data for Customers and Potential Customers
Clarification Text on the Protection of Personal Data for Customers and Potential Customers
1. Personal Data Processed
Your personal data is processed by the Company in terms of the execution of different processes and the personal data processed by the Company in each process is specified below:
b) Your personal data processed within the scope of the Tender, Sales and Ordering Process refers to the data such as information set forth in the bid form and order form, contact details, company details and the product/service subject to the order, customer number, signature-seal and contract details if a contract is signed, details of invoices and dispatch notes, bank details.
c) Your personal data processed within the scope of Payment, Guarantee, Reconciliation and Invoice Issuance Processes refers to the data such as name-surname, payment and invoice details, seal-signature, address details, contact details and bank details, tax number and/or T.R. identity number, details of current account debits-credits, current account statement, drawer details on cheque and bank details of drawer, and bank receipt.
d) Your personal data processed within the scope of Order Delivery Process refers to the data such as customer title, address, tax office, tax number and/or T.R. identity number set forth on the dispatch note, details of the ordered product, delivery address, name-surname, T.R. identity number or passport number, license plate details, times of entering in and exiting from the plant and signature details of the person receiving the product.
e) Your personal data processed within the scope of Material Acceptance Process refers to the data such as details of the product received by Arkel and details of the invoice and dispatch note regarding the product, name-surname, T.R. identity number, contact and address details, times of entering in and exiting from the plant and signature details of the person delivering the products.
f) Your personal data processed within the scope of Customer Visits Process refers to the data such as name-surname, contact details, address details, title and business card details of the person visited.
g) Your personal data processed within the scope of Product Repair Process refers to the data such as product details, customer title, address and contact details, signature and seal details, details of the invoice and dispatch note regarding the product, name-surname, T.R. identity number and vehicle license plate of the person delivering the product and the person receiving the product from Arkel.
h) Your personal data processed within the scope of Technical Support or On-Site Support Services Process refers to the data such as name-surname, contact address, details of the request submitted to Arkel, name-surname and contact details of the person who will meet Arkel personnel if on-site support is provided, company details, failure assessments, details of the service provided and the result, and signature within the scope of the failure record form.
i) Your personal data processed within the scope of Training Process refers to the data such as name-surname, company details, address details of the location where the training will be provided, contact details, date and time of the training to attended, details of the training content, training subject and list of attendants in the case of a special training request, and online training records.
j) Your personal data processed within the scope of Security Process refers to the data such as your camera images and videos.
k) Your personal data processed within the scope of Customer Complaint Process refers to the data such as name-surname, contact details, signature, and subject of the complaint.
l) Your personal data processed within the scope of Product Return Process refers to the data such as name-surname, audit report details, and signature-seal.
m) Your personal data processed within the scope of Audit Process refers to the personal data such as name-surname, title, address, contact details and information regarding the nonconformity.
n) Your personal data processed within the scope of Commercial E-Ledger Process refers to the data such as company title, details of debits-credits, invoice details.
o) Your personal data processed within the scope of Customer Satisfaction Survey Process refers to the data such as name-surname, contact details, survey responses, name-surname, address and contact details of the winners of the gift lottery in the case of participation in the survey.
p) Your personal data processed within the scope of Fair Processes refers to the data such as business card details, title of the company worked with, contact details, address details, product group interested in, invitation letter for attendance in the fair and passport details.
q) Your personal data processed within the scope of Membership Process refers to the data such as name-surname, contact details, company details, user name, details of the product interested in, details of your country, address, and order details.
r) Your personal data processed within the scope of Marketing Processes refers to the data such as name-surname, contact details, details of the company worked with, details of the product interested in, and details of your request that you submit via online forms, details of the product which you indicate that you are interested in at fairs.
2. Purposes of Processing the Personal Data
The personal data is processed by the Company in accordance with the personal data processing principles set forth in the Article 4 of the PDPL based on one or more of the personal data processing conditions set forth in the Article 5 of the Law. In all personal data processing operations conducted by the Company, the obligations required by all relevant legislation, particularly the PDPL, the Turkish Code of Obligations, the Turkish Commercial Code and the Regulation on Commercial Communication and Commercial Electronic Messages are also complied with. Your personal data the purposes of processing of which are detailed below within the scope of the conditions for and purposes of processing personal data set forth in the Article 5 of the PDPL in addition to the aforementioned purposes is processed by the Company by virtue of the purposes of data processing and the reasons for the compliance with laws:
|
Name of the Process |
Purpose of Processing Data |
Reason for the Compliance with Laws |
|
Current Account Opening and New Customer Registration Process |
Your personal data may be processed for the purposes of opening the current records of the customers, selling products or providing services to the customers, creating records in Arkel systems in order to forward the offers to the potential customers, establishing or executing the contract, conducting the commercial relationships, determining whether the customer will be worked with by conducting the necessary investigation before the start of the commercial relationship with the customers, determining the credit limits specific to the customer and defining additional maturities, determining whether the customer will be worked with in cash / with term / on credit, and conducting the financial processes. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Current Account Opening and New Customer Registration Process |
Your personal data may be processed for the purposes of fulfilling the burden of proof in the case of a possible dispute, determining whether the customer will be worked with by conducting the necessary investigation before the start of the commercial relationship with the customers, conducting the necessary investigation before the start of the relationship, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding to the requests received from official the authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Tender, Sales and Ordering Process |
Your personal data may be processed for the purposes of creating an order proposal for the product demand or expectation of the customers or potential customers, performing the sales processes, preparing and delivering the orders, collecting and following up the payments for the products subject to the order, preparing the products and conducting the production processes, issuing the invoices and dispatch notes, establishing the sales contracts, and performing the sales of spare parts. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Tender, Sales and Ordering Process |
Your personal data may be processed for the purposes of fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Payment, Guarantee, Reconciliation and Invoice Issuance Processes |
Your personal data may be processed for the purposes of collecting the payments, following up and recording the payments, keeping the current account records, determining the amount of debits-credits between the parties and ensuring reconciliations, issuing the invoices and dispatch notes, getting guarantees in order to ensure the security of the commercial relationship, ensuring the business continuity, issuing the return / exchange difference / fixed asset sales invoices, and recording the invoices. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Payment, Guarantee, Reconciliation and Invoice Issuance Processes |
Your personal data may be processed for the purposes of issuing and retaining the invoices and fulfilling the legal obligations in accordance with the Turkish Code of Obligations, Turkish Commercial Code and other relevant legislation. |
Legal reason that the processing of personal data is expressly stipulated in the laws and mandatory for the fulfillment of the legal obligation (Article 5/2-a and ç of the PDPL) |
|
Payment, Guarantee, Reconciliation and Invoice Issuance Processes |
Your personal data may be processed for the purposes of fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Order Delivery Process |
Your personal data may be processed for the purposes of delivering the products, organizing the delivery processes, recording by whom the products are had identified, issuing the dispatch notes, and creating e-dispatch notes. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Order Delivery Process |
Your personal data may be processed for the purposes of issuing dispatch notes and e-dispatch notes and fulfilling the legal obligations in accordance with the Turkish Code of Obligations, Turkish Commercial Code and other relevant legislation. |
Legal reason that the processing of personal data is expressly stipulated in the laws and mandatory for the fulfillment of the legal obligation (Article 5/2-a and ç of the PDPL) |
|
Order Delivery Process |
Your personal data may be processed for the purposes of recording on which date the products are had identified by whom, fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Material Acceptance Process |
Your personal data may be processed for Arkel to accept and receive the products, to forward the accepted products to the relevant department, to provide the relevant service and to receive the supplied products. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Material Acceptance Process |
Your personal data may be processed for the purposes of recording the date and time when the products are delivered and received by whom, fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Customer Visits Process |
Your personal data may be processed for the purposes of carrying out the business development activities, establishing potential collaborations, making negotiations and holdings meetings with regard to the product subject to the sale, ensuring the customer satisfaction, ensuring the sustainability, and preparing the visit reports. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Product Repair Process |
Your personal data may be processed for the purposes of repairing the products, performing the contract, eliminating the damages and repairing the products, and creating the invoices and dispatch notes. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Product Repair Process |
Your personal data may be processed for the purposes of recording to whom the products have been delivered and from whom they have been received, fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Technical Support or On-site Support Services Process |
Your personal data may be processed for the purposes of examining the requests submitted to Arkel in relation to the product and providing support to the customers in this regard, providing support in order to eliminate the problems of the customers in relation to the product, resolving the customer's requests by phone/e-mail or by providing on-site support, performing the contract, filling in the failure record form, recording the failures, providing the maintenance and installation support, issuing the invoices and dispatch notes if the support service is provided for a fee, and collecting the payments. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Technical Support or On-site Support Services Process |
Your personal data may be processed for the purposes of retaining the call center records for the support requests submitted by the customer, retaining the failure record forms, fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Training Process |
Your personal data may be processed for the purposes of providing training to the customers on how to use the products, providing training on installation, issuing the invoices and collecting the fees if the trainings are provided for a fee, organizing the training schedule, keeping the list of training attendants, declaring the trainings, planning and organizing the trainings, issuing certificates for the attendance in the training if requested, organizing online trainings, sharing the training materials, and recording the trainings. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) and Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Training Process |
Your personal data may be processed for the purposes of recording the trainings organized online. |
Legal reason that is the presence of explicit consent (Article 5/1 of the PDPL) |
|
Security Process |
Your personal data may be processed for the purposes of ensuring the security of the workplace and plant, taking measures against natural disasters and catastrophes, submitting records for judicial incidents, making improvements against breaches, and meeting the certification requirements of ISO 27001 standard. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) and Legal Reason that the processing of data is mandatory for the legitimate interests of the data controller, provided that it does not cause harm to the fundamental rights and freedoms of the data subject (Article 5/2-f of the PDPL) |
|
Customer Complaint Process |
Your personal data may be processed for the purposes of investigating and resolving the customer complaints, taking the corrective and preventive actions in order to prevent the recurrence of the complaints, reporting the actions taken for the customer's complaint to the customer, and ensuring the customer satisfaction. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Customer Complaint Process |
Your personal data may be processed for the purposes of recording the customer complaints and actions taken for the corrective and preventive procedures, fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Product Return Process |
Your personal data may be processed for the purposes of evaluating the return requests of the customers, carrying out an investigation for the reason of the return request, accepting or rejecting the return request as a result of the investigation, and issuing a return invoice if the return is accepted. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Product Return Process |
Your personal data may be processed for the purposes of recording the return requests and actions taken for the return, fulfilling the burden of proof in the case of a possible dispute, following up the legal processes and fulfilling the court decisions, examining, evaluating and responding the requests received from the official authorities or relevant persons, and carrying out the mediation processes. |
Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Audit Process |
Your personal data may be processed for the purposes of having the necessary audits conducted in accordance with the customer's audit request, retaining the audit reports, and providing the auditors with documents which demonstrate the customer satisfaction/dissatisfaction such as customer evaluation surveys in the audits conducted by Arkel. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) and Legal reason that the processing of personal data is mandatory for the establishment, exercise or protection of a right (Article 5/2-e of the PDPL) |
|
Commercial E-Ledger Process |
Your personal data may be processed for the purposes of recording the debits-credits relationship with the customers by keeping journal and other commercial books in digital environment and issuing the certificates via electronic signature, and fulfilling the legal obligations arising from the Turkish Code of Obligations, Turkish Commercial Code and other relevant legislation. |
Legal reason that the processing of personal data is expressly stipulated in the laws and mandatory for the fulfillment of the legal obligation (Article 5/2-a and ç of the PDPL) |
|
Customer Satisfaction Survey Process |
Your personal data may be processed for the purposes of conducting the customer satisfaction surveys, analyzing and reporting the results of the surveys, measuring the customer satisfaction, giving gifts to three persons who have participated in the survey, declaring the winners on the social media and ensuring the delivery of the gifts, declaring the surveys, and ensuring the customer satisfaction.
|
Legal reason that is the presence of explicit consent (Article 5/1 of the PDPL) |
|
Fair Processes |
Your personal data may be processed for the purposes of conducting the business development activities with the potential customers and current customers, promoting the products at fairs, keeping the visitor forms, and carrying out the fair processes. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Fair Processes |
Your personal data may be processed for the purposes of collecting the contact details of the persons visiting the stand at the fair and contacting with them, providing invitations, contacting with the persons in electronic environment in order to carry out the marketing activities related to the products interested in after the fair, sending commercial electronic messages, and processing the passport details in order to issue an invitation letter in the name of the requesting customers if the fairs are held in abroad. |
Legal reason that is the presence of explicit consent (Article 5/1 of the PDPL) |
|
Membership Process |
Your personal data may be processed for the purposes of filling in the membership forms, completing the membership processes, examining the catalogues of Arkel and creating an order request, contacting with regard to the created order request. |
Legal reason that the processing of personal data is mandatory for the establishment or performance of a contract (Article 5/2-c of the PDPL) |
|
Marketing Processes |
Your personal data may be processed for the purposes of sending electronic messages in order to regularly inform about the products if the E-bulletin is subscribed, contacting in this regard, conducting the marketing activities in relation to the products with the lead forms created via the internet, and conducting the advertising activities in relation to Arkel products via the internet to the persons who are interested in the products. |
Legal reason that is the presence of explicit consent (Article 5/1 of the PDPL) |
3. Purposes of Transferring the Personal Data
The Company may transfer your personal data processed to third parties in specific circumstances by virtue of the reason for the compliance with laws which is the performance of the contract and in accordance with the local legislation, particularly the Article 8 and the Article 9 of the Law, in order to fulfill the aforementioned purposes. In this regard, your personal data may be shared with third parties within the country by virtue of the purposes of transferring specified below and the reasons for the compliance with laws.
a) By virtue of the reason for the compliance with laws that is the performance of the contract;
- With the bank for the purposes of printing the cheques, collecting the payments and ensuring that the payments made are controlled by the bank,
- With the suppliers for the purpose of making payments to the suppliers with the endorsed cheques,
- With the logistics or courier company for the purpose of performing the delivery,
- With the consulting company that carries out the customs procedures for the purpose of conducting the customs procedures,
- With a certified public accountant for the purpose of providing the public accountancy services,
- With the independent audit firms/auditors with whom the Company cooperates in order to conduct the audits and routine inspections.
b) By virtue of the reason for the compliance with laws that is the fulfillment of the legal obligations;
- With the courts, enforcement offices, mediators, police department, Revenue Administration and other public institutions and organizations in order to fulfill the legal obligations if requested,
- With the relevant official authorities and independent audit firms/auditors with whom the Company cooperates in order to conduct audits and routine inspections,
- With the certified public accountant for the purpose of fulfilling the legal obligations if requested by the certified public accountant.
c) By virtue of the reason for the compliance with laws that the processing of data is mandatory for the establishment or protection of a right;
- With the law firm with which the Company cooperates in order to control the contracts and make the other legal transactions,
- With the courts and mediators for the purpose of fulfilling the burden of proof in the case of a possible dispute, conducting the mediation, litigation and enforcement proceedings, and following up the legal processes,
- With the relevant business partners for the purpose of determining whether the customer will be worked with by conducting the necessary investigation before the start of the commercial relationship with the customer.
d) By virtue of the reason for the compliance with laws that the processing of data is mandatory for the legitimate interests of the data controller, provided that it does not cause harm to the fundamental rights and freedoms of the data subject;
- With third parties and investors to be acquired or merged with if the Company is sold or merged with third parties,
e) By virtue of the reason for the compliance with laws that the presence of your explicit consent;
- With the business partners from which services are received in order to conduct survey processes.
The Company may also transfer your personal data to abroad in the presence of your explicit consent as limited to the following processes. The procedures for the transfer of your personal data to abroad are listed below:
- Your name and surname and training records with the companies organizing the online trainings due to the reason that the centers of the platforms on which the online trainings are organized are located in abroad if the trainings are organized online,
- Your passport details with our business partners operating in abroad so that a special invitation letter can be issued in your name for you to be able to obtain a visa in order to attend in fairs in abroad,
- Your name and surname and company details with the business partners from which services are received in the field of customs and logistics in order to conduct the customs procedures and to ensure the delivery of the products in the case of sales to abroad,
- Your name and surname with the social media platforms with their centers located in abroad due to the reason that the list of winners is declared through the official social media accounts of Arkel if you win a gift as a result of participating in a survey,
- Your contact details and information about the products that you are interested in with social media platforms with their centers located in abroad due to the collection of lead forms through the social media platforms.
4. Methods and Legal Reasons for the Collection of the Personal Data
Your personal data is collected and processed by automatic or partially automatic means in verbal, written or electronic environment based on the legal reasons set forth under the heading “Purposes of Processing Personal Data” and “Purposes of Transferring Personal Data” in accordance with the personal data processing conditions set forth in the Article 5 of the PDPL as a result of the submission by you of the forms, security camera images, surveys, business cards, e-mails, social media platforms, by virtue of the establishment of the commercial relationship between the parties directly to our Company via the software used by Arkel and the requests that you forward to the call center or physically or in electronic environment.
5. Rights of the Data Subject Arising from the Article 11 of the PDPL
You, as the data subject, can forward your requests regarding your rights to us via the e-mail address [email protected]. The Company shall conclude the request as soon as possible and within thirty (30) days at latest depending on the nature of the request. If the procedure requires a separate cost, the fee determined in the tariff established by the Personal Data Protection Board shall be collected by us. The rights of the real persons whose personal data is processed in accordance with the Article 11 of the PDPL are as follows:
· Learning whether the personal data has been processed or not,
· Requesting the relevant information if the personal data has been processed,
· Learning the purpose of processing the personal data and whether the personal data is used as suitable for the purpose,
· Knowing the third persons to whom the personal data has been transferred in the country or in abroad,
· Requesting the correction of the personal data if the personal data has been processed deficiently or incorrectly and requesting the notification of the procedure that is performed within this scope to the third persons to whom the personal data has been transferred,
· Requesting the deletion or destruction of the personal data if the reasons requiring the processing of the personal data disappear although the personal data has been processed in compliance with the provisions of the PDPL and the other relevant laws and requesting the notification of the procedures performed within this scope to the third persons to whom the personal data has been transferred,
· Objecting to the occurrence of a result against the data subject himself/herself by analyzing the personal data exclusively via automated systems,
· Requesting the compensation of the damage if the data subject is exposed to damage due to the processing of the personal data in contrary to the Law.
