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What is KVKK - GDPR?

The Law on the Protection of Personal Data (KVKK)

With this Law, which has been regulated in consideration of international documents, Turkish Constitution, Turkish Laws, comparative law practices and the needs of our country in our age, it is aimed to protect the fundamental rights and freedoms of individuals, especially the privacy of personal life, by processing personal data in contemporary standards. In this context, the Law regulates the conditions of processing personal data, the basic principles to be adopted regarding the protection of personal data, the obligations of natural and legal persons who process personal data, and the procedures and principles they will comply with.

EU General Data Protection Regulation (GDPR)

In order to make the regulations regarding the protection of personal data in the member states of the European Union compliant, The Personal Data Processing and Free Movement Directive No. 95/46/EC was abolished in line with the new requirements regarding the protection of personal data and this regulation is put into effect in 2018. In order to ensure the data security of the residents of the European Union, the main purpose of the regulation is to provide them an effective approach to privacy and security with the reshaping of organizations in terms of compliance.

Protection of Personal Data

Even though the concepts of fundamental rights and freedoms, personal data, privacy and security have been in our lives since the understanding of human rights emerged, these concepts have become even more important in our daily lives at the recent times when developments regarding technology and the implementation of fundamental rights and freedoms are experienced. The Law on the Protection of Personal Data (KVKK), which is of the equivalence of GDPR in Turkey, gives us information and guides us on how to protect our personal data, along with our fundamental rights and freedoms.

Compliance Process: KVKK & GDPR Consultancy

KVKK has been put into effect in 2016 and all organizations were given a deadline until the end of April 2018 to review their personal data processes and complete their compliance with the Law to have readiness.

Regardless of their organizational structures or the number of employees, all organizations in Turkey should have completed their KVKK compliance process by 2018. The completion of compliance process means that any kind of personal data of the parties kept by an organization which belong to its employees, employee candidates, suppliers, stakeholders etc., in order words, any data which are subject to the processes that define us to be arranged in accordance with the conditions stipulated by the law and executed within the framework of these conditions.

Even if your organization is located within the borders of Turkey and provides services in Turkey, it will not be enough for you to be in compliance with the data protection processes in Turkey and KVKK, solely. You may also be subject to the data protection practices of EU, that is, GDPR. In this case, your compliance process to be implemented within your organization and the sustainability of which is to be followed, must cover both KVKK and GDPR. In today's world, your compliance process to be implemented should become a routine business process rather than an audit activity and personal data protection processes should be adopted as a corporate culture.

GDPR Compliance

In the Article 3 of the GDPR titled Regional Scope, it is regulated that natural or legal persons may be subject to the GDPR, even if they are not located within the borders of the European Union. In other words, it is elaborated in this article that it is possible for people who process personal data to be subject to both KVKK and GDPR. If an organization established in Turkey process data of EU residents by any means of communication with a person resident in EU or a different method (by selling products and/or services to EU residents, using one of the languages used in the EU countries in their online systems), in this case, the organization will be subject to GDPR regarding these persons; and with regard to the data processing activities carried out in Turkey, the organization will be subject to KVKK. That is, the organization will be obliged to fulfill the requirements of both laws.

Didn’t we have our personal data protected, before 2016?

Before KVKK came into force in 2016, there was a sanction for the unlawful acquisition, transmission and non-destruction of personal data in the Turkish Penal Code dated 12.10.2004. On 12.09.2012, with a paragraph added to the Article 20 of the Constitution, the protection of personal data has become a constitutional right. In 2016, based on the 1995 version of GDPR, the "data processing" processes that can be defined as any kind of transaction on the data were elaborated, and the terms in our lives were filled with the Constitution, Laws and International Conventions.

Data Inventory & VERBİS Registration

In the first phase, the internal organizational chart should be prepared and what personal data is processed in the departments/units within the organization should be specified by category (identity, communication, location, health, etc.). Afterwards, a data inventory should be prepared, and the following information should be included in the inventory.

  • Which personal data are processed in the specified categories (ID: Name, Surname, TR Identity Number etc.)
  • Natural person whose data is processed (customer, employee, supplier, stakeholder, third parties)
  • Purpose and legal reason of data processing
  • What types of personal data are processed; sensitive personal data (health, race, religion, gender) or personal data (name, contact information)
  • How long the processed data will be stored/Retention periods
  • Administrative and technical measures taken regarding the personal data processed
  • Whether data are transferred abroad or not

In the light of the data inventory prepared, a declaration should be made to the data controllers' registry through VERBIS. It should not be forgotten that; VERBIS and Personal Data Inventory should contain parallel information and be up to date.

Sustainability

Fulfilling the requirements of KVKK, should not be understood as a one-time audit and the consultancy you will receive within this scope and fulfilling VERBIS registration. Even if you fulfill some of your legal obligations in this way, it is necessary to ensure continuity for compliance with the Law and ensure that the information declared is up to date.

KVKK has entered our lives in 2016 and is still a law that requires us to adapt new practices to our processes with updates. One of the directives of this law is to ensure that all our activities are always sustained in accordance with the provisions of KVKK, that our record in VERBIS, our Personal Data Inventory and other documents prepared during the compliance process are always kept up to date. Besides, that audits should be carried out periodically to ensure sustainability is another point stated in KVKK.

At this point, the audit, consultancy and sustainability services offered by CottGroup® will determine whether your processes comply with the law; and after completing the compliance process, by monitoring whether the sustainability is ensured or not, it will provide a guarantee of protection from administrative and legal sanctions that you may face.

You can access legal regulations on the protection of personal data and current decisions published by the Turkish Personal Data Protection Board through our page on KVKK legislations.

In addition, in order to find out details of the consultancy we can provide you as CottGroup® in your compliance process and the scope of sustainability services we offer to our customers after completion of the compliance process, you can visit our page on consulting services.

KVKK & GDPR Consulting Services - CottGroup
 

KVKK and GDPR Consultancy Services

By analyzing your risks due to legal incompliancy, we advise the required technical and administrative measures to have you process and store personal data fully compliant with the Law.

Click here for service details

How GDPR and KVKK Shall be Applied by Entities in Turkey?

  • If your company,

    • Provides service or goods to EU citizens that live outside the borders of EU or individuals living within the EU borders,
    • Monitors the behaviours of these individuals,
    • Transacts business with EU companies,
    • Provides services in one of the EU languages,
    • Owns, processes, stores or deletes the personal information of data subjects that live in EU,

    Then, it will be subjected to the GDPR.

  • If your company,

    • Owns,
    • Processes,
    • Stores,
    • Deletes

    personal information indirectly, directly, partially or in a whole;

    then it will be subjected to the PDPL.

  • Being subject to GDPR shall mean,

    • To receive a written approval from data subject according to the feature of each personal data to be processed,
    • To process, store, transfer, anonym, and delete personal data in line with the law,
    • To create a regulation that specify how to use each processed data,
    • To take technical measures and complete substructure for the security of the personal data and for processing them according to the GDPR,
    • To have a specific reason for processing each personal data and to make documentation,
    • To have the Binding Corporate Rules (BCR) in place regarding the personal data transfer processes to abroad,
    • To assign a Data Protection Officer for your company.

    Being subject to PDPL shall mean;

    • To process personal data in line with legislation,
    • To create a personal data inventory,
    • To complete technical substructure for sustaining data processing according to the legislation,
    • To prepare a personal data storage and destruction policy,
    • To assign a Data Protection Officer for your company,
    • To have the Binding Corporate Rules (BCR) in place regarding the transfer of personal data to abroad and for the protection of the personal data,
    • To register in VERBIS (Data Controllers' Registry Information System).

Are you sure your company is not subject to GDPR?

You can contact us to figure out whether you are subject to Personal Data Protection Law (KVKK) or EU’s General Data Protection Regulation (GDPR).

Click here for details

Execution of Data Protection Laws

KVKK and GDPR impacts your entity’s operations significantly, both by legal and technical aspect.

ADMINISTRATIVE PENALTIES

Not compliant with the regulation or the responsibilities related to the Law, what will happen now?

Both KVKK and GDPR aim the minimization of data and to have transparent data processing procedure along with security and confidentiality methods. Besides, sanctions of any discrepancies with the legal obligations are strictly serious.

Although both laws have the same core idea, they differ on the penalties. It is crucial to cover obligations in the law that you have responsibility of, linked with compliancy periods, not to face with any enforcement and administrative legal procedures.

Incompliancy Penalties for KVKK to be Applied in 2020

  • Not registering at VERBIS (Data Controllers' Registry Information System) between the related dates; between 36.053 TL - 1.802.641 TL,
  • Not fulfilling the disclosure requirement on data transfer processes; between 9.013 TL - 180.264 TL,
  • Security incidents such as data breaches; between 27.040 TL - 1.802.641 TL,
  • In case the decisions made by the Board are not executed; 45.066 TL – 1.802.641 TL,

The given amounts are applied at the beginning of each calendar year by increasing the rate of revaluation determined and announced in accordance with the duplicated provisions of the Article 298 of the Tax Procedure Law No. 213 dated 4.1.1961 for that year.

In addition to these administrative fines mentioned in the Personal Data Protection Law, there are also jail sentences mentioned in the Turkish Criminal Code between 1 to 4 years.

according to the 2017 data, 41 data breach application are made to the Turkish Personal Data Protection Authority and 125.000 TL administrative fine is imposed as a result of these sanctions. In 2018, the amount of these data breach applications have increased to 395 and 233 of them are investigated by the Institution and replied. Moreover, the administrative fines to be imposed on 2018, are came up with 1.365.000 TL in total. Thus, the issue of personal data protection has been gaining more importance and the clock is ticking against the companies who have not completed the compliancy process yet.

Incompliancy Penalties for GDPR

In case of a probable data breach and/or incompliancy with the regulation, the sanctions to be imposed are very high when compared to KVKK.

The administrative penalty fine is determined as 4% of global revenue of the company that belongs to the previous year or 20.000.000 EUR Among these amounts, the highest one shall be imposed as a penalty fine.

Besides, the below mentioned ones shall also be imposed as a penalty:

  • Written warnings and notices,
  • Suspending data processing for a definite/indefinite period of time,
  • Demanding the processed data to be regulated, amended and/or limited,
  • Limiting the data transfer to any third-party country.

BASIC CONCEPTS : KVKK and GDPR

It is safe to say that GDPR is the enhanced version of Turkish Data Protection Law (KVKK) and the KVKK is the first version of GDPR, released on 1995 under the name (Directive 95/46/EC). Since both regulations are the same in core concepts, it is more efficient for your operations to analyze the liabilities at first, then proceed with the compliancy measures. It will allow you to save both time and resources.

Within this scope, simply below the main concepts are summarized.

KVKK (Personal Data Protection Law)

GDPR (General Data Protection Regulation)

Key concepts on KVKK are;

  • Required to be in accordance with the law and good faith rules.
  • To have the data accurate and updated, where and when necessary.
  • To process data for specified, clear and legitimate purposes.
  • To have data that are linked with the processing purpose, limited and restrained.
  • To store as necessary for the processing purpose or as considered in KVKK.
  • Appointing an officer (DPO) is not mandatory but recommended.

Key concepts on GDPR are;

  • To process data in line with lawfulness, fairness and transparency for the data subject.
  • To have the data be accurate and where necessary keep it up to date.
  • To process data for specified, explicit and legitimate purposes.
  • To process data as necessary, related with the purpose and restrained.
  • To store data for no longer than necessary for its processing purpose.
  • The controller shall be responsible for all principles.
  • To have a DPO for compliance process.


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Privacy Policy

CottGroup® companies network ("CottGroup®") includes independent companies with separate legal entities that provide various sections of this website and other websites in the CottGroup® member network; and this Personal Data Protection and Processing Policy applies separately for each CottGroup® member company.

This website you visited is affiliated with Boss Yönetişim Hizmetleri A.Ş. one of the CottGroup® member network companies.

Thank you for visiting our web site and reading our privacy and security statement.

Basic Information About Our Approach to Data Security and Privacy

CottGroup®’s network of companies (CottGroup®) has dedicated itself to ensuring the security of your personal data in all of its information systems. For CottGroup®, privacy and security matters form the basis of the relation between us and our customers. CottGroup® understands your particular concern about your confidentiality and security and place utmost importance on that matter.

CottGroup® consists of multiple independent members which provide various sections of the websites in CottGroup®’s network of members. Please click here to see our current member companies. New members to be added to the CottGroup®’s network of members in future will also be viewable by clicking the same link.

Information that you will be disclosing when using this web site may also be controlled by any other firm among the members of CottGroup®’s network in order to enable us to secure the control, inspection and security of the said data at the utmost level. Each independent member shall be legally liable for any data controlled and inspected by it.

CottGroup® Privacy Statement is applicable to all data processed by CottGroup®, including Personal Data collected or transmitted via our websites in CottGroup®’s network, our software and self-service applications, mobile applications or social media accounts and other online or off-line channels.

Protection of Personal Data

CottGroup® acts in the capacity of a data controller in line with KVKK no. 6698 and provisions of any other legislation applicable to the protection of personal data. Accordingly, personal data shall be processed only by CottGroup® personnel authorized to implement any privacy and security policy as well as services falling within the scope of duty of CottGroup®’s management office and the personnel named in the privacy and security authorization matrices, and those natural/legal persons authorized by CottGroup® for such purpose by fulfilling the condition of informing the data subjects. For details, please click the Personal Data Protection and Processing Policy.

Electronic Messages:

Subject to communication consents provided by you during your communication with us regarding electronic (e-mail) messages and through any other CottGroup® channel, you will be deemed to have accepted to receive e-mail messages through your contact details, for the promotion of services offered by CottGroup® and its business partners, information on new products and services, announcements on issues regarding legislation, and other matters that may be of interest for you. In this respect, you may contact CottGroup® to request that messages are no longer sent to you through one or more than one communication channel.

Log Data, Cookies and Web Beacons

Cookies are program bits that are usually in the form of text files that may be embedded in laptops, desktop PCs and mobile devices, which collect various data.

Cookies may be used to collect the following data:

  • Internet Protocol (IP) address,
  • Domain name of the computer that you use for connecting to the website,
  • Date and time of your connection and the time you spend on the website.
  • Link of the page over which you connect our web site or the address of another CottGroup® website
  • Information about your computer, your browser’s brand, your operating system, Java support, flash version, your screen definition and connection speed and similar data,
  • Details of the page on the computer that is used for connection when a request is made from our web site,
  • Volume of the data in bytes, transferred on our website,
  • Contents of traceable cookies,
  • CottGroup® websites use temporary session cookies to render your online activities secure and to enhance the website performance;
  • Areas such as Login time, Username and User ID that are necessary for our software and self-service applications ("Applications");
  • Details of the URL over which the User has transmitted his last request through the Applications
  • Your browser’s language

Please click Cookie Policy for details.

Purpose of Using Your Data

We may use your personal data which we record during your visits to our website, via automated or non-automated means, or which you may disclose to us in communication forms, e-mails or via other electronic transactions, primarily for the purpose of satisfying your requests and subsequently for ensuring improvement of the services offered to you. Overall purposes of use of such data may be listed as follows:

  • To contact you,
  • To enable your access to the website or self-service options, by performing operations regarding your online account, including but not limited to the provision of a username and password,
  • To answer questions received from you,
  • To provide information about legislative changes and other important matters,
  • To ensure the administration of our website,
  • To improve our service quality.

Please do not disclose such data that you would not want us to collect for the purposes above. Please remember that unless you provide such data, we will be unable to contact you, and that your certain data may still be collected by means of cookies during your visit to this website.

Data Security

CottGroup® places utmost importance on the security of your data. CottGroup® places utmost importance on the security of your data. We take measures conforming to sector standards to prevent unauthorized collection and use of your data. Exchange of information on the İnternet is not generally secure. Therefore, we recommend you to exercise due care by user when exchanging information through our websites and online systems. If you don't take this care, CottGroup cannot guarantee you about security of your information and communication on the web-site or capture them by third parties.

When your information arrives at CottGroup®, it is protected in accordance with our security and privacy standards. Your data are stored for the purposes set out above and only for the durations required by the needs of our business process or as prescribed by law.

Data Transfer

We may transfer the personal information we collect about you to other countries different from the country we collect the data, as we use their services of the internet service providers, hosting companies, e-mail providers, domain providers (for example: Microsoft 365). Data protection laws and regulations applied in these countries may differ from the laws applicable in Turkey.

Hereby, we will protect your information in accordance with the applicable law as described in this Privacy Policy while transferring to other countries.

Protection for Children’s Online Activities

We support parents willing to supervise and control online activities of their children. In no event do we ask children on purpose to share their personal data. If we come to know that a person whose personal data are collected by us is younger than 13 years old, we may use such data to try to promptly inform his/her parents. This rule shall be applicable for age 16 under the European Union General Data Protection Regulation (GDPR).

Designing New Processes in Line with Privacy Rules

CottGroup® takes the most appropriate technological and organizational measures to ensure confidentiality when developing new systems and applies necessary developments for the processing of personal data in line with their intended purposes (Privacy by design).

Should you have any queries about this Privacy Policy, please click the link.

CottGroup® website: https://www.cottgroup.com

Personal Data Protection Policy

1. Purpose and Scope

CottGroup® companies network ("CottGroup®") includes independent companies with separate legal entities that provide various sections of this website and other websites in the CottGroup® member network; and this Personal Data Protection and Processing Policy applies separately for each CottGroup® member company.

You may access our group companies within the CottGroup® Member Companies Network via following link.

The website you visited is affiliated with Boss Yönetişim Hizmetleri A.Ş., one of the CottGroup® member network companies.

The main objective of this Personal Data Protection Policy (the "Policy") is to provide explanations regarding the personal data processing activities carried out by the Company pursuant to the law and the systems adopted for the protection of personal data and, in this context, to provide transparency by informing the people whose personal data is being processed by our company.

This Policy applies to all activities managed by the Company regarding the processing and protection of personal data by the Company along with the relevant detailed data procedures.

2. Definitions

KVKK: Personal Data Protection Law numbered 6698

GDPR: EU General Data Protection Regulation

Data Processor: The natural person or legal entity that process data on behalf of the data controller with the authority given by the data controller

Data Controller: the one who defines the purpose and the means of processing personal data and responsible of the data recording system management

Data Subject: a natural person, includes but not limited to an employee, customer, business partners, stakeholders, authorities, leads, candidate for recruitment, intern, visitors, suppliers, employee of business partners, third parties of the Company and its affiliates with whom they have a commercial relationship, whose data is processed.

Explicit Consent: consent that is related to a specific issue based on information and expressed with free will.

Personal Data: any information related to a natural person whose identity is known or could be identified.

Sensitive Personal Data: Biometric and genetic information related with race, ethnicity, political or philosophical opinions, religion, sect or other believes, appearance, union memberships, health, sex life, convictions and security measures etc.

Processing of Personal Data: Any kind of operation performed on data such as obtaining, recording, storing, preservation, modification, reorganization, disclosure, transfer, takeover, making available, classification or preventing the use of personal data in fully or partially automated or non-automated ways, provided that it is part of any data recording system

Anonymization of Personal Data: to render data in such a way that it can no longer be associated with an identified or identifiable person even when the personal data is matched with other data.

Deleting Personal Data: to delete or to render personal data in such a way that it is no longer accessible or reusable for the users

Destroying Personal Data: rendering the personal data to make it inaccessible, unrecoverable and not useable by anyone

Company: Data controller CottGroup® companies.

KVK Board: Turkish Personal Data Protection Board

KVK Authority: Turkish Personal Data Protection Authority

3. Policy

The Company has different policies that cover protection of personal data along with the information security as regards certain work activities and functions. Unless this Policy has additional provisions or higher standards for the protection of personal data, the other different data protection provisions of the company shall prevail.

The relevant regulation provisions shall be first to apply in processing and protecting personal data; and if there happens any contradiction between the articles of this Policy and the legislation, then current legislation clauses shall prevail.

Herein this Policy is prepared in accordance with the rules and procedures foreseen in KVKK and related law for the protection of personal data. In his context, as Data Controller is also liable to prevent illegal processing of personal data and access and protect the personal data from being accessed illegally in accordance with KVKK, he/she must take all necessary technical and administrative measures.

4. Principles To be Followed While Processing Data

Our Company acts in accordance with the following general principles in all of its Personal Data Processing activities:

  • Personal data must be processed lawfully, fairly and transparently,
  • Personal data can only be collected for specific, explicit and legitimate purposes,
  • Personal data must be adequate, relevant and limited to what is necessary for processing,
  • Personal data must be accurate and kept up to date with every effort to erase or rectify without delay,
  • Personal data must be kept in a form such that the data subject can be identified only if is necessary for processing,
  • Personal data must be processed in a manner that ensures the appropriate security,

5. Personal Data Collected

Your personal data collected by our company varies according to the quality of the relationship with our company and the legal obligations. Your personal data collected can be listed as follows:

  • Identity Information (liable to amendments as per to requirements, ID number, name, surname, passport number, if the ID card shared, the information on the card, photo, etc.)
  • Contact Information (E-mail address, phone number, mobile phone number, address etc.)
  • Client Information (client number, client income information, client profession information, vehicle registration plate, training information etc.)
  • Family members and Proximity Information (identification, contact information and professional, training information of the Data Holder’s children, spouses, in particular in relation to employee candidates, etc.)
  • Customer Transaction Information (CDR (call detail record), call center records, credit card balances and extracts, payment receipts, client bank orders, and relevant information taken under record in regards; these are directly related to natural persons and the orders)
  • Physical Security Information (enter-exit records, visit information, camera records etc.)
  • Process Security Information (website password and password information, etc.)
  • Risk Management Information (associated with Data Subject, address register system records, IP address tracking records etc.)
  • Financial Information (in case of legal follow-up, credit card debt, loan amount, loan payments, debt balance, receivable balance in line with the information by the authorities etc.) and accounting information with related records.
  • Employee Candidate Information (CV, interview notes, personality test results etc.)
  • Legal Procedures and Compliance Information (data on the documents such as court and administrative authority decisions etc.)
  • Audit and Inspection Information (Information on any record and transaction relating to the legal pursuit and our rights associated with the Data Subject)
  • Sensitive Personal Data (data on health, data on criminal convictions and security measures,)
  • Claim/Complaint Management Information (information and records about the demands and complaints made to our Company regarding our services related to the person etc.)
  • Reputation Management Information (information collected in order to protect the commercial reputation of our company etc.)
  • Audiovisual Data (photos, camera records, auditory recordings etc.)
  • The Personal Data types listed do not include all your processed data and personal data similar to the data listed by our company may be processed.

6. The Purposes of Processing Personal Data

Our company informs data subjects during obtaining personal data due to KVKK and related legislation. In this context, the Company makes a notification/information regarding the purpose of data processing, transfer of the data and to whom the data shall be transferred, the method of collecting personal data and the legal purpose of collecting personal data.

The purpose of processing personal data information varies according to the relationship between the company and personal data subject and legal nature of the business.

The purposes of processing personal data by the Company are as follows:

  • Within the scope of the company based commercial activities, planning and business development tasks, etc.
    • Realization of legally required transactions, performance of obligations,
    • Declarations made to official institutions,
    • Activities related to the establishment and execution of contracts
    • Managing, conducting, planning and improving client relations.
    • Activities for the realization of post-contract services
    • Monitoring, planning and execution of consultancy activities
    • Monitoring, planning and execution of financial and accounting activities
    • Planning and execution of information technologies and data security activities
    • Planning and execution of physical and electronic / network security activities
  • Increasing brand awareness;
    • Planning and execution of actions aimed at increasing the level of perception about corporate activities and brand
    • Planning, management and execution of organizations, meetings, invitations and events
    • Managing the client satisfaction processes during and/or following the completion of service offering processes
    • Activities for receiving, evaluating and finalizing demands and complaints,
    • Realization and follow-up of transactions and activities to fulfill the obligations arising from the contractual relationship
  • Within the scope of planning, execution and management of corporate relations;
    • Managing, conducting, planning and developing relations with suppliers / business partners
    • Building and conducting corporate managerial communication activities
    • Building and conducting external trainings
  • Within the scope of legal, technical and commercial security measures among parties in relation with the Company data is processed under;
    • Notifying the relevant authorities / institution and/or conducting responsibilities within the audit processes
    • Assuring security measures on physical and electronic environments for the parties the Company is involved with
    • Keeping records as per to commercial security measures and organizing, conducting and auditing these measures for the parties the Company is involved with
    • Assuring the applicable activities are being conducted in regard with data accuracy and making sure the data is up to date
    • Planning and/or conducting the Health & Safety processes
    • All guest entrances – exits are recorded within the legal requirements and applicable to the legislation

7. Methods of Processing Personal Data and Its Legal Ground

Personal data can be obtained/received by parties who are data subject and/or third parties who have explicit consent from the data subject.

The obtained personal data can be processed by collecting, saving, editing, configuring, storing, adapting, changing, using, transferring, deleting, destroying and anonymizing.

Personal Data may be processed by one or more of the above methods without the explicit consent of the data subject in the presence of one the legitimate reasons listed in Article 5 of KVKK:

  • Explicitly prescribed in laws and any relevant legislation.
  • Being legally mandatory for the person cannot grant consent due to physical incapability or legally forbidden to grant consent in regards with other’s living rights
  • Requirement on processing personal data of the parties subject to a contract / agreement, due to the execution of a contract / agreement.
  • Legally being mandatory for the data controller to fulfil the legal liability.
  • Publicized by the relevant person directly.
  • Legally being mandatory to be processed for a granted right to be conducted, used and/or protected
  • Processing personal data for legitimate purposes without contracting the basic rights and freedom of the relevant person.

8. Retention and Destruction of Personal Data

  • Our company takes into account the law and legislation that is in place during processing the personal data. Within this scope, the retention and period of limitations are taken into account on Personal Data Protection activities. In case the processing activity is disposed, and there is no further legal ground to store personal data, relevant data is to be deleted, destroyed and/or anonymized. The personal data shall be subject to retention, disposal or anonymization upon the demand of the data subject and/or the Company’s periodic control in which the Company realizes the reason to process the data is no longer available, due to the Article 7 of KVKK and other related legislation.
  • The personal data transmitted to us by mistake in any way or in cases where it is understood that the will of the data subject is not directed to give explicit consent, is immediately destroyed by our Company by methods in accordance with the Law.
  • Our company will not keep personal data for longer than necessary, in connection with the reason for the collection of the data, so as to allow identification of the data subject.
  • Our company can only store personal data longer than advised, in order to protect the rights and freedoms of the data subject in line with applying technical and organizational precautions only to serve public welfare, scientific or historic research or statistical research.
  • Including the retention period for each category of personal data and the legal obligations that the Company has to store data, the criteria used in identifying this period are specified in our Company's Personal Data Retention and Destruction Policy and will be applied in all cases.

9. Transfer of Personal Data

a. Local Transfers

Personal data is not transferred to any third party without an explicit consent, unless it is legally required due to KVKK, relevant legislation and cases where it is mandatory to be shared with the external parties due to administrative / juridical cases. However, as per to the Article 5 and Article 6 of KVKK, in case legal grounds are present and it is legally required, on third party transferred, consent / explicit consent will not be observed.

Our Company fulfills its obligation to inform the Data Subject regarding this transfer. Accordingly, the institutions, organizations and / or persons that can be transferred are listed below.

b. Transfers to Abroad

The Company may transfer the personal data abroad by obtaining explicit consent of the data subject along with taking appropriate and necessary security measures foreseen in KVKK and related legislation. For the situations in which the explicit consent of the data subject is not sought, it is considered whether the country that the data will be transferred, is in "adequate country" stature and has enough protection or not. If the Authority considers that the transferee country is not in adequate country statute, the Authority approval should be taken, and a data transfer protocol should be signed to guarantee enough protection.

c. Parties Conducting the Transfers

  • Within the scope of the Labor Law, Obligations Law, Income Tax Law and Procedures, Commercial Law , Private Employment Agencies and relevant legislations,
    • Related public institutions and organizations,
    • Competent authority,
    • Tax offices work place inspector, İşKur, regional labor and SGK can be share with administrative institutions and organizations.
  • Apart from these, our Company shall not disclose your personal data in accordance with Articles 8 and 9 of KVKK and take all security measures specified in the relevant legislation;
    • Cott Group Companies, (Here you can find current list of CottGroup® Companies.)
    • To business partners, suppliers, business partners that we cooperate with at local and/or abroad,
    • Data can be transferred to externally supported law offices, courts and other official and judicial authorities upon request.

10. Measures Regarding the Provision of Data Security

Our company takes technical and administrative measures to prevent data breaches to ensure the security of personal data. In this context, our Company;

  • Administrative measures;
    • It conducts a risk audit to identify existing risks and threats.
    • Awareness studies for employees are conducted periodically.
    • There are personal data security policies and procedures.
    • It works to minimize personal data as much as possible by adopting the concept of data minimization.
  • Technically;
    • Ensuring cyber security,
    • Monitoring of personal data security,
    • Ensuring the security of environments containing personal data,
    • Storing personal data in secure areas and cloud computing systems,
    • Information technology systems procure, develop and maintain the necessary software and hardware measures, taking personal data in accordance with the conditions required by the law.

11. Data Protection Officer (DPO)

  • The Data Protection Officer have specific responsibilities in respect of procedures and is the first point of call for Employees/Staff seeking clarification on any aspect of data protection compliance.
  • Data Protection Officer, who Board of Directors considers to be suitably qualified and experienced, has been appointed to take responsibility for Company’s compliance with this policy on a day-to-day basis and, in particular, has direct liability for ensuring that Company complies with KVKK and GDPR, as the authorized person of the Company does in respect of data processing that takes place within their area of responsibility.

12. Data Inventory

CottGroup® has established a data inventory as part of its approach to address risks and opportunities throughout its KVKK and GDPR compliance project.

CottGroup®’s data inventory determines:

  • business processes that use personal data,
  • processed personal data,
  • processed sensitive personal data,
  • data subject,
  • collection method of personal data-source of personal data
  • purpose of processing personal data,
  • legal reason for processing personal data,
  • retention period of personal data
  • mediums where personal data stored
  • destruction methods of personal data,
  • any kind of data transfers,
  • recipients/recipient groups to whom personal data transferred,
  • method and purpose of transfer,
  • technical and administrative measures.

13. Rights of The Data Subject

Within the scope of Article 11 of KVKK the data subject has the following rights and if he/she wishes, he/she can use his/her rights by reaching the data controller in the methods determined by him/her:

  • To learn whether personal data is being processed,
  • To make requests regarding the nature of information held and to whom it has been disclosed,
  • To learn the processing purpose of personal data and whether it is used in accordance with this purpose,
  • To be informed about the third parties that the personal data is transferred in local or abroad and to make notification as regards the transactions made,
  • To demand correction for the personal data that is processed as deficient or incorrect and to notify third parties about this,
  • To demand deletion or annihilation of the personal data of which reason to process is no more available, even if the data is processed in accordance with the related law,
  • To object any result against the data subject,
  • To demand compensation in case of any damage caused by illegal processing of the personal data.

14. Exercises of Rights of Data Subject

In accordance with KVKK regulations; in cases you have inquiries on your rights, mentioned hereinbelow, by completing the Data Subject Application Form you can send it to the address; Astoria Towers Kempinski Residences Büyükdere Caddesi No:127 B Kule Kat:8 34394 Şişli-İstanbul/Türkiye along with ID verification documents either by hand or via postage services or by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it.. All queries will be answered within 30 days of receipt.

If the transaction requires an additional cost, the tariff set by KVKK will be charged.

CottGroup® website: https://www.cottgroup.com

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Due to the Covid-19 Coronavirus pandemic to secure the health of our employees our business operations are held remotely until further notification. CottGroup® will have its business processes carried out efficiently and smoothly thanks to our BCP plans and strong technological infrastructure. As always, our customers and business partners will be able to reach us via our phones and e-mails.