Clarification Text

This clarification text has been prepared and submitted for your information within the scope of the Personal Data Protection Law No. 6698 (“Law”, “PDPL”), in cases where Kafein Yazılım Hizmetleri Tic. A.Ş. (“Company/Data Controller”) acts as a data controller in accordance with Article 10 of the Law, in order to inform real persons (“Data Subject”) about the process, form and purposes of collecting, processing, storing, protecting and destruction of data and about their rights and methods of exercising their rights in accordance with the Law.

Data Controller	: Kafein Yazılım Hizmetleri Ticaret A.Ş.
Address	: Çifte Havuzlar Mah. Eski Londra Asfaltı Cad. Kuluçka Mrk. A2 Blok No: 151 /1B İç Kapı No: B01 Esenler/ İSTANBUL
Mersis Num	: 0487051853900011
Trade Register Num	: 563336-0
Phone	: +90 212 924 20 30
Web Site	: www.kafein.com.tr

 

Purposes of Processing Personal Data

As the Data Controller, we may process your personal data for the following purposes:

  - Negotiation conclusion and execution of contracts,

  - Offering products and services

  - Adaptation the products and services offered to demand; updating and further development based on customer needs, legal and technical developments,

  - Creating user definitions for the specific systems of the products and services offered,

  - Provision of remote support services, monitoring the content,

  - Announcing new or existing products, services and campaigns, conducting sales and marketing activities,

  - Conducting market research,

  - Creating statistics and analysing usage,

  - Payment, collection of product, service and service fees, selection of collection method,

  - Arranging contacts/communication,

  - Managing commercial relationships with cooperating companies, suppliers, resellers and service providers

  - Reporting within the scope of the cooperation

  - Evaluation of resellers partnership application processes,

  - Developing and planning company's commercial strategies,

  - Establishing communication for Kafein Yazılım satisfaction measurement surveys,

  - Preparing participant registrations, issuing certificates/participation documents, determining award/present owners and presenting award/presents at events/trainings organized by the Company and its subsidiaries,

  - Managing judicial/administrative proceedings, responding to requests from public institutions and organizations, fulfilling legal obligations in accordance with legal regulations, resolving legal disputes,

  - Managing investor relations,

  - Ensuring the outcomes of the merger, demerger, transfer of the entire company or parts of the company with another company,

  - Introducing employees of the company, Individual Resellers/Customers, and related persons of Resellers/Customers in social media posts,

  - Conducting job interviews, evaluating job applications,

  - Establishment, implementation and termination of the employment relationship/contract,

  - Ensuring that the Company’s employees benefit from the main and side benefits arising from their employment contract, evaluating their performance and work,

  - Creating user accounts for employees, providing in-company ID cards and meal cards, private health services, sending gifts,

  - Organizing transportation for company employees, monitoring company fleet vehicles,

  - In the case of participation in an organization on behalf of the company, preparation of participant records,

  - Creating records of employee participation in training and certificates,

  - Creation and monitoring of visitor logs,

  - Ensuring the internal and external security of the Company and the security of the Website and Applications,

  - Analysing of the use of the Website,

  - Creating an inventory of personal data,

  - Evaluating and responding to all questions, requests, suggestions, complaints and applications submitted in writing, verbally or electronically, including those relating to personal data.

 

The Methods and Legal Reasons of Collection of Personal Data

We may collect and process your personal data (personal data that may be collected include the visitor’s full name, phone number, email address, delivery address, website login and logout information, IP address details, data obtained through the cookies we use, as well as any requests and suggestions you may submit) in accordance with the provisions of the Policy, the Act and other relevant legislation in writing, verbally, electronically, by image/sound recording or by physical confrontation with you. Our data collection may be through third party digital media or software, including the website, mobile applications, e-mail, our recruitment practices; through contracts, job applications, forms, call centers, remote support, sales and marketing department, cookies on the websites, business cards, telephones, etc.; or through face-to-face meetings with the data subject.

 

Our legal reasons are as follows;

  - The existence of the express consent of the person concerned,

  - It is expressly stipulated by the laws.

  - It is necessary for the protection of life or physical integrity of the person himself/herself or of any other person, who is unable to explain his/her consent due to the physical disability or whose consent is not deemed legally valid.

  - It is necessary to process the personal data of the parties to a contract, provided that it is directly related to the establishment or performance of the contract,

  - It is necessary for compliance with a legal obligation to which the data controller is subject.

  - Personal data have been made public by the data subject himself/herself.

  - Data processing is necessary for the establishment, exercise or protection of any right.

  - Processing of data is necessary for the legitimate interests pursued by the data controller, provided that this processing shall not violate the fundamental rights and freedoms of the data subject.

Transfer of Personal Data

Your personal data may be transferred to the following third parties abroad within the scope of the purposes specified in Article 1 and in accordance with the law, the Regulation on the Procedures and Principles for the Transfer of Personal Data Abroad and the regulations and other legal regulations issued and/or to be issued within the framework of the PDPL, in Turkey or in accordance with the procedures and principles specified in Article 8 and 9 of the PDPL:

  - Consultants

  - Audit firms

  - Service providers

  - Cooperating companies

  - Kafein Yazılım Affiliated companies

  - Clients

  - Shareholders

  - Suppliers

  - Teknopark Management (management company)

  - Banks and financial institutions

  - Judicial authorities and public institutions

  - Resellers

  - Central Securities Depository

  - Public Disclosure Platform

  - Borsa İstanbul A.Ş., Depository Institutions, Capital Market Authority

 

What Are Your Rights as a Data Subject and How Can You Exercise Your Rights?

If you, as a personal data subject, address your requests regarding your rights to us via the methods set out in this clarification text, Our company will complete the request as soon as possible, but no later than within thirty days, depending on the nature of the demand, in accordance with the Kafein Yazılım Hizmetleri Tic. A.Ş. Personal Data Protection, Processing and Storage and Destruction Policy of personal data disclosed to the public, free of charge. However, if the transaction incurs additional costs, the fee will be charged by our company in accordance with the tariff determined by the Personal Data Protection Board. If your request is assessed negatively, reasoned reasons for refusal will be sent to you by e-mail or post to the address you provided in the request and, if possible, by the means by which the request was submitted.

 

In accordance with Article 11 of the Law, you can apply to our company as a data subject and request the following information about yourself:

  - to learn whether your Personal Data are processed or not,

  - to demand information if your Personal Data have been processed,

  - to learn the purpose of your Personal Data processing and whether this Personal Data is used in compliance with the purpose,

  - to know the third parties to whom your Personal Data is transferred in country or abroad,

  - to request the rectification of personal data if it has been processed incompletely or incorrectly and to request notification of third parties to whom personal data is disclosed of the measures taken,

  - You have the right to request the erasure or destruction of your personal data if the reasons for processing no longer exist, even though they are being processed in accordance with the law and other relevant legislation, and to inform third parties to whom the data have been transmitted of the processing carried out in this context,

  - Oppose the creation of a result against the person by analysing the processed data exclusively through automated systems,

  - to claim compensation if you suffer damage due to the unlawful processing of personal data.

 

However, in accordance with Article 28/2 of the Personal Data Protection Law, you cannot exercise your rights listed above in the following cases, with the exception of your right to claim damages:

  - The processing of personal data is necessary for the prevention of committing a crime or for crime investigation.

  - Personal data is made public by the data subject,

  - The processing of personal data is necessary for the performance of regulatory or supervisory duties and for disciplinary investigations or prosecution by assigned and authorized public bodies and organizations and professional associations with the status of a public body on the basis of the power conferred on them by law,

  - The processing of personal data is necessary for the protection of the economic and financial interests of the state in budgetary, tax and financial matters.

 

You can submit your request to exercise your above-mentioned rights in accordance with Article 13, Paragraph 1 of the PDPL by sending an e-mail to [email protected] in accordance with the “Application and Information Request Form” on our website or you can submit a written and signed request to the Human Resources Department. If you wish to exercise this right through your representative, a copy of the power of attorney containing the special power of attorney must be attached to the form.

According to the Comminuque On The Principles And Procedures For The Request To Data Controller, the data subject must provide his/her name and surname, signature if the request is made in writing, identity number in the Republic of Turkey (passport number if the applicant is a foreigner), residence or work address for notification, e-mail address for notification, telephone and fax number if available, and information about the subject of the request.

In cases where the information in the application is incomplete or incorrect, the request is not clearly and comprehensibly formulated, documents in support of the request and your identity information are not submitted or are not submitted in the required form and, in the case of applications submitted by an authorised representative, no copy of the power of attorney is attached, we may have difficulties in complying with your requests, your application may be assessed negatively or there may be delays in the investigation procedure. It is therefore important that you observe these points when exercising your rights. Otherwise, Company will not be responsible for any delays. Our company reserves its legal rights against erroneous, incorrect/illegal, malicious applications.