Law on the Protection of Personal Data

Law on the Protection of Personal Data

Antek Makina Personal Data Protection Clarification Text

This clarification text has been prepared by Antek Makina, in its capacity as data controller, within the scope of Article 10 of the Law on the Protection of Personal Data No. 6698 (“Law”) and the Communiqué on the Procedures and Principles to be Followed in the Fulfillment of the Obligation to Inform.

1. Data Controller

Personal data belonging to Employees, Employee Candidates, Property Owners, Interns, Supplier Employees, Supplier Representatives, Persons Receiving Products or Services, and Visitors are processed under the categories notified to the VERBIS system, taking into account privacy of private life. In accordance with the Law, the scope under which such data may be processed by Antek Makina as the data controller is explained in this clarification text (“Clarification Text”).

2. Method and Legal Grounds for Collecting Personal Data

Personal data, including special categories of personal data such as health information, may be collected through fully or partially automated means, or by non-automated means provided that they are part of any data recording system, from the data subject directly, from location-tracking systems, or from the authorized representatives of the supplier’s employer.

Personal data may be processed in Turkey and abroad by Antek Makina in line with the fundamental principles stipulated in the Law, under the personal data processing conditions and purposes specified in Articles 5 and 6 of the Law, and shared with the natural persons and legal entities specified in this Clarification Text for the purposes outlined below.

3. Circumstances Under Which Personal Data May Be Processed Without Explicit Consent

Pursuant to Article 5 of the Law, Antek Makina may process personal data obtained in accordance with the Law without seeking explicit consent in the following cases:

  • Where it is expressly stipulated by laws,

  • Where it is necessary to protect the life or physical integrity of the data subject or another person in cases where the data subject cannot express consent due to actual impossibility or where consent is not legally valid,

  • Where it is necessary for the performance or establishment of a contract to which the data subject is a party,

  • Where it is necessary for Antek Makina to fulfill its legal obligations,

  • Where the personal data has been made public by the data subject,

  • Where processing is necessary for the establishment, exercise, or protection of a right,

  • Where processing is mandatory for the legitimate interests of Antek Makina, provided that it does not harm the fundamental rights and freedoms of the data subject.

Additionally, pursuant to Article 6 of the Law, Antek Makina may process special categories of personal data obtained in accordance with the Law without explicit consent in the following cases:

  • Personal data relating to a person’s race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, association, foundation or union membership, health, sexual life, criminal convictions and security measures, as well as biometric and genetic data are considered sensitive personal data.

  • Sensitive personal data other than those relating to health and sexual life may be processed if expressly permitted by law.

  • Sensitive personal data relating to health and sexual life may only be processed by persons or authorized institutions and organizations under an obligation of confidentiality for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment and care services, and the planning and management of health services and financing.

4. Purposes of Processing Personal Data

Personal data may be processed for the following purposes:

  • Conducting Employee Candidate and Internship Application Processes

  • Fulfilling Employment Contract and Statutory Obligations for Employees

  • Managing Employee Benefits and Entitlements Processes

  • Conducting Training Activities

  • Managing Access Authorizations

  • Ensuring Compliance of Activities with Legislation

  • Conducting Finance and Accounting Processes

  • Ensuring Physical Space Security

  • Managing Assignment Processes

  • Following and Conducting Legal Affairs

  • Conducting Communication Activities

  • Planning Human Resources Processes

  • Conducting and Supervising Business Activities

  • Conducting Occupational Health and Safety Activities

  • Conducting Service Procurement Processes

  • Conducting After-Sales Support Services

  • Conducting Service Sales Processes

  • Managing Performance Evaluation Processes

  • Managing Contract Processes

  • Managing Wage Policy

  • Providing Information to Authorized Persons, Institutions, and Organizations

  • Creating and Monitoring Visitor Records

These purposes may be carried out by Antek Makina and other natural/legal persons specified in Section V.

5. To Whom and For What Purposes Personal Data May Be Transferred

Collected personal data, in compliance with the fundamental principles stipulated by the Law and under the conditions of transfer specified in Articles 8 and 9 of the Law, may be transferred for the following purposes to:

  • Legally authorized public institutions and organizations,

  • Natural persons or private legal entities,

  • Companies/institutions with which Antek Makina will establish employment contracts and their business partners, suppliers, and service providers.

Purposes of transfer include:

  • Following and Conducting Legal Affairs

  • Obtaining permits and Managing Assignment Processes for field personnel

  • Notifying Subscription Initiations and Invoice Payments

  • Ensuring Physical Premises Security

  • Providing Information to Authorized Persons, Institutions, and Organizations

  • Provision of Telephone Lines

  • Providing Access Rights to Business Partners’ Software

  • Meeting Tender Entry Requests

  • Fulfilling Legal Obligations

  • Carrying Out Social Security Institution (SGK) Notifications

  • Printing Employee ID Cards

  • Creating Corporate User Accounts

  • Paying Employee Salaries

  • Managing Contract Processes

  • Keeping Intern Attendance Records

  • Creating E-Prescriptions after Diagnosis

Antek Makina may transfer personal data to foreign countries declared to have adequate protection by the Personal Data Protection Board (“Countries with Adequate Protection”), or, in cases where adequate protection is not present, to foreign countries where the data controllers in Turkey and the relevant foreign country provide adequate protection in writing and obtain the approval of the Personal Data Protection Board (“Countries Where the Data Controller Undertakes Adequate Protection”).

6. Rights of the Data Subject

The data subject has the right to:

  • Learn whether personal data is being processed,

  • Request information if personal data has been processed,

  • Learn the purpose of processing personal data and whether it is used in accordance with that purpose,

  • Know the third parties to whom personal data is transferred domestically or abroad,

  • Request correction if personal data is incomplete or incorrectly processed,

  • Request deletion or destruction of personal data if the reasons for processing cease to exist, within the scope of the principles of purpose, duration, and legitimacy,

  • Request that correction, deletion, or destruction be notified to third parties to whom personal data has been transferred,

  • Object to results arising to the detriment of the person as a result of analysis exclusively through automated systems,

  • Demand compensation if personal data is processed unlawfully and causes damage.

7. Exercising Data Subject Rights

Pursuant to Article 11 of the Law, in order to exercise the above-mentioned rights, the data subject must complete the application form and submit it to Antek Makina through the channels specified in the form.

Antek Makina will finalize the request free of charge as soon as possible and within no later than thirty (30) days, depending on the nature of the request. However, if the process incurs an additional cost, Antek Makina reserves the right to charge the fee determined by the Personal Data Protection Board tariff.

8. Retention Period of Personal Data

In accordance with the Law, personal data processed for the purposes specified in this Clarification Text will be deleted, destroyed, or anonymized by Antek Makina once the purpose requiring their processing ceases to exist and/or upon the expiration of the statute of limitations or mandatory retention periods stipulated by legislation.