Şartlar ve Koşullar

1. PURPOSE 

As Kaplankaya it is our priority to process Personal Data of our Employees, Employee Candidates, visitors, business contacts, owner and residents of the independent sections, customers, and platform users in compliance with the legislation in force in particular Constitution of the Republic of Türkiye, international conventions on human rights of which Republic of Türkiye is a party of and KVKK to ensure that the rights of the aforementioned persons whose data are processed are utilized effectively.

Accordingly, we are processing the personal data of the persons, including but not limited to, employees, employee candidates, visitors, business contacts, owner and residents of the independent sections, customers, and platform users that we have obtained during business activities in accordance with this Policy.

Protection of Personal Data and supervision of the fundamental rights and liberties of the real persons whose Personal Data are gathered is the bedrock of this Policy regarding the Process of Personal Data. Thus, we carry out all our activities in which Personal Data are processed by taking into account the protection of privacy, the privacy of communication, freedom of thought and belief, and the right to use effective legal remedies.

In order to protect the Personal Data on safe and sound grounds, we are taking all necessary administrative and technical precautions in accordance with the characteristics of the Personal Data, legislation in force and the latest technological developments.

This Policy sets out the methods we are following regarding the Process of Personal Data (e.g., storage, transfer, deletion, or anonymization) that we are gathering during our commercial activities within the scope of principles regulated under KVKK.

This Policy is applicable to Kaplankaya and all of its affiliates and group companies.

Protection of the Personal Data and observance of the fundamental rights and freedoms of natural persons whose personal data are collected are the basic principles of our Policy regarding the processing of the Personal Data. For this reason, we carry out all our activities in which Personal Data are processed, taking into account the protection of privacy, the confidentiality of communication, freedom of thought and belief, and the right to use effective legal remedies. In order to protect the Personal Data, we take all administrative and technical measures required by the nature of the relevant data in accordance with the legislation and current technology.

Kaplankaya reserves its right to amend the terms specified herein at any time without notice to the Personal Data Owner. Such amendments shall be effective at the date of its publication. Personal Data Owner agrees, declares and undertakes that following the latest version of this Policy is his/her responsibility, he/she shall visit this page whenever he/she visits the website and he/she accepts and approves the up to date version of this Policy in advance.

2. SCOPE

Scope of this Policy consists of all Personal Data which belongs to our employees, employee candidates, visitors, business contacts, owner and residents of the independent sections, customers, and platform users and processed by our side.

Policy has been drafted with taking into consideration and strictly within the terms and conditions of KVKK, relevant legislation regarding Personal Data, and international standards and this Policy applicable to all Personal Data within the Kaplankaya structure.

3. DEFINITIONS

Following definitions shall be applicable throughout this Policy and they shall be implemented and construed accordingly:

4. LEGAL OBLIGATIONS

As Data Supervisor, our legal obligations regarding the process and protection of Personal Data as follows:

1. 1. Disclosure Requirement

As Data Supervisor, we have obligation to inform the Personal Data Owner for the following issues during the obtainment of Personal Data:

• Purpose regarding the process of your Personal Data,
• Our identity and identity of our representative, if any,
• To whom and for what purpose your processed Personal Data can be transferred,
• Our methods regarding the obtainment of the Personal Data and legal reasoning thereof, and
• Rights and obligations emerged from applicable law.

As Kaplankaya, we pay utmost care and attention so that this Policy can be understandable and easily accessible as it is also accessible to public use.

4. 2. Our Obligation Regarding Data Security

We are taking necessary administrative and technical precautions as envisaged under the applicable law in order to increase the protection level regarding the Personal Data which are under responsibility. Details regarding obligations on the Personal Data and precautions taken thereof have been set out under Article 10 of this Policy.

5. CATEGORIZATION OF THE PERSONAL DATA

1. 1. Personal Data

As per the applicable law and legislation in force, protection of Personal Data is subject to real persons only and the data which belongs to legal entities and contains no information regarding any real person are not within the scope of protection of Personal Data. Therefore, this Policy shall not be applicable to the data which belongs to legal entities.

5. 2. Sensitive Personal Data

Data regarding the persons’ nationality, ethnicity, political opinion, philosophical belief, religion, creed, or other faith, appearance and fashion, membership of society, association, foundation or union, health, sexual life, criminal record, security measures and biometric and genetic inputs are considered as “Sensitive Personal Data”. 

5. 3. Categories Regarding Personal Data

Kaplankaya is gathering following personal data during our commercial activities:

1. Personal Identifying Information
2. Contact Information

6. Process of Personal Data

1. 1. Our Principles Regarding Process of Personal Data

We process the Personal Data in accordance with principles below.

1. 1. 1. Processing the Personal Data In Accordance With Law and Good Faith

We process the Personal Data in accordance with the principle of good faith, transparently and within the scope of our obligation of clarification.

6. 1. 2. Verifying and Keeping the Personal Data Up-to-Date

We are taking necessary precautions in our Personal Data process in order to keep the Personal Data accurate and up-to-date. We also provide the Personal Data Owner opportunity to apply our side to correct any mistakes in the processed Personal Date and keep the Personal Data up-to-date.

6. 1. 3. Processing the Personal Date for Definite, Explicit, and Legitimate Purposes

We are processing the Personal Data within the scope of our legitimate purposes and our commercial activities which their scope and content clearly defined, in accordance with applicable law, and as required by the ordinary flow of life

6. 1. 4. Processing the Personal Date in a Limited, Restrained, and Strictly Connected to Their Reason of Process

We process the Personal Data in connection with the purposes we have determined and on a limited and measured basis.

We avoid the processing of Personal Data that is not relevant or does not need to be processed. For this reason, we do not process Sensitive Personal Data unless there is a legal requirement, or we obtain Express Consent on the subject when we need to process it.

6. 1. 5. Storing the Personal Data for the Periods Stipulated under the Applicable Legal Regulations or Required According to Our Legitimate Interests

Many provisions regulated under the legislation in force require Personal Data to be stored for a certain period of time. For this reason, we store the Personal Data that we process for as long as required by the relevant legislation in force or for the purposes of Process of Personal Data.

In the event that the storage period stipulated in the legislation in force expires or the purpose of processing cease to exist, we delete, destroy or anonymize the Personal Data. Our principles and procedures regarding storage periods are detailed under the relevant Article of this Policy.

6. 2. Our Purposes Regarding Process of Personal Data

We are processing the Personal Data for the purposes set out below:

• Planning and managing the administrative activities of Kaplankaya Collective Housing Management,
• Fulfilling our legal requirements under the applicable law and legislation in force in accordance with the procedures set forth therein,
• Providing supportive services to our platform users, customers, and business connections within the scope of contracts and service standards,
• Managing the relationships with our suppliers and other third parties,
• Education of our employees,
• Carrying out legal reports and issuing relevant invoices,
• Performing the marketing and advertising activities,
• Ensuring the safety within the Kaplankaya borders,
• Monitoring and preventing unauthorized transactions or any transaction which is not compliance with legislation in force,
• Managing all kinds of requests and complaint regarding our activities,
• Providing necessary information to competent authorities and regulatory and supervisory authorities,
• Determining the preferences and needs of our customers and members and shaping and updating the service we provide within this scope,
• Providing appropriate content to our customers, members and platform users by collecting information on geographic location via platforms such as Website and mobile application etc.,
• Diversifying our content,
• Developing and profiling our algorithms by analyzing the preferences of our customers, members and platform users,
• Communicating with our customers and members,
• Informing our customers and members with new content and promotions,
• Measuring the satisfaction of customers, platform users and other relevant third parties so that Kaplankaya can provide higher quality service.

If the processing activity carried out within the scope of the abovementioned purposes does not meet any of the reasons for compliance with the requirements stipulated within the scope of KVKK, your Express Consent shall be obtained by Kaplankaya for the relevant processing process.

6. 3. Process of Personal Data and Sensitive Personal Data
      1. Process of Personal Data by Obtaining Express Consent

As per the applicable law, Personal Data cannot be processed in case of absence of Express Consent of the Personal Data Owner. Express Consent has been defined as “Consent given clearly and beyond any doubt, only for a specific transaction, and based on acquaintance and free will” under the applicable law. These applications shall also be applicable for the Sensitive Personal Data.

6. 3. 2. Cases Where Express Consent Does Not Required 

We may process the Personal Data without any need for Express Consent in case of situations below:

• Envisaged Under the Applicable Law Explicitly

Personal Data Owner’s Personal Data may be processed in case of it has stipulated under the applicable law explicitly. This situation shall be considered as in compliance with applicable law. (e.g., personnel information regarding the employee).

• Failure to Obtain the Express Consent of the Personal Data Owner Due to Practical Impossibility 

In the event that the processing of Personal Data is necessary for the protection of the life or bodily integrity of the person who is unable to express his or her consent or whose consent is not legally valid due to practical impossibility, Personal Data may be processed without Explicit Consent (e.g., location information of the kidnapped or missing person).

• Personal Data Directly Related to the Enter Into or Performance of the Contract

On the condition that it is directly related to the establishment or performance of a contract, in case of it is required to process Personal Data which belongs to one of the parties of the contract, it is possible to process the Personal Data without obtaining the Express Consent (e.g., recording the address information of the relevant persons in order to complete the delivery).

• Mandatory Situations Where It is Required to Perform Legal Obligation 

Personal Data that it is required to process in order to perform a legal obligation can be processed without obtaining Express Consent of the Personal Data Owner (e.g., disclosing information regarding audit within the specific sectors such as banking, energy, capital markets).

• Personal Data Which Have Made Public by the Personal Data Owner Himself/Herself

Personal Data that made public by the Personal Data Owner himself/herself, in other words declared to public in any way, can be processed without the need of any Express Consent (e.g., including the contact information in the sales advertisement for property sale).

• Situations Where Process of Personal Data is Required for the Establishment, Exercise, or Protection of a Right

Personal Data can be processed without obtaining Express Consent of the Personal Data Owner in case of it is required in order to establish, exercise, or protect a legal right (e.g., storing the Personal Data of an employee whom has resigned his/her post for the duration of limitation of actions).

• Situations Where It Is Required to Process Personal Data Within the Scope of Legitimate Interests

Provided that Personal Data Owner’s basic rights and liberties are not breached, Personal Data may be processed without obtaining Express Consent of the Personal Data Owner in case of it is required within the scope of legitimate interests of Kaplankaya (e.g., monitoring the rooms that contain sensitive information via CCTV).

6. 3. 3. Process of Sensitive Personal Data

Sensitive Personal Data (except for the data regarding health and sexual life) may be processed by taking necessary administrative and technical precautions indicated by KVK Council, obtaining Data Owner’s Express Consent or in cases of it is mandatory as per applicable law and legislation in force.

Sensitive Personal Data regarding health and sexual life can be processed without obtaining Express Consent by the persons under confidentiality obligation or competent institutions and organizations in cases of protection of public health, managing the services regarding preventive medicine, medical diagnosis, treatment, and care, and planning and administrating the health services and its finance.

6. 4. Process of Personal Data via Cookies which are Present on our Website

Kaplankaya administer and manage the website with the address of “[●]”.

We use cookies to improve the operation and use of our website, and we try to make the time you spend on our website more productive and enjoyable. In addition to these, we use cookies to remember the choices you make on our website, thus providing you with an improved and personalized experience.

We may gather, transfer, store or process your Personal Data in other ways via cookies in our website.

You may reject the cookies if you do not wish gathering and processing the Personal Data via cookies. Kindly be informed that our website may not function properly and there may be setbacks and troubles regarding the display or presentation of our goods and services in case of the rejection of the cookies by your side.

Please refer to our “Cookies Policy” which has published on our website for more detailed information regarding the cookies in our website.

6. 5. Processing of Personal Data within the Scope of Memberships and Subscriptions

We require, gather, and process following data during the creation of a membership or subscription regarding the utilization our services and products via our website or mobile platform: 

• Name and surname and
• Electronic e-mail.

We gather, process, and transfer the Personal Data within the scope of subscription and membership form and contracts thereof.

6. 6. Processing Personal Data Within the Scope of Suggestion, Request And Complaint Management

We are gathering and processing the Personal Data via application form on our website regarding suggestion, request, and complaint for the purpose of improving our services.

Within this scope following data is being gathered:

• Name and surname,
• Electronic e-mail,
• Mobile phone number,
• Subject, and
• Message.

7. TRANSFER OF PERSONAL DATA
   1. Transfer of Personal Data Domestically

Kaplankaya is acting in compliance with the provisions of the KVKK and decisions taken by KVK Authority regarding the transfer of Personal Data.

Without prejudice to reasons for legality under the applicable law, Personal Data and Sensitive Personal Data cannot be transferred to third parties without obtaining the Express Consent of the Personal Data Owner.

Identification, contact details and other Personal Data indicated above may be shared with competent authorities expressed explicitly by legislation and upon the request of competent authorities or periodically in accordance with the legislation in force in Republic of Türkiye.

Additionally, such data may be shared with authorized person or institution upon a court order, or the request of competent authority regulated explicitly by legislation. 

Moreover, personal data may be shared on a limited basis with our business partners and suppliers (certified public accountants, lawyers, intermediary visa companies, insurance companies, international transfer and accommodation companies), government agencies (universities, consulates, other service providers, etc.) or to fulfill Kaplankaya’s contractual obligations.

7. 2. Transfer of Personal Data to the Abroad

Personal data may only be transferred to abroad in case the existence of any of below circumstances:

• Your explicit consent,
• Exceptions set forth in legislation in force, in particular KVKK and the country that personal data to be sent to has the necessary and sufficient protection for the personal data, or 
• Exceptions set forth in legislation in force, in particular KVKK and in case of there is not sufficient protection in the country the personal data to be transferred, adequate protection is committed by such country and the permission of KVKK Authority.

7. 3. Third Parties Whom the Personal Data Shared with by Kaplankaya 

Personal Data may be transferred to persons or entities mentioned below in accordance with the terms of this Policy.

• Kaplankaya’s business partners,
• Kaplankaya’s suppliers, 
• Institutions and organizations authorized by law,
• Private law persons authorized by law, or
• Regulatory public institutions and organizations.

1. 4. Measures Taken by Kaplankaya for the Transfer of Personal Data in Accordance with Law
      1. Technical Measures

We are taking below measures in order to protect the Personal Data. Kindly be informed that technical measures taken by our side regarding the protection of Personal Data are not limited with below.

• Carrying out the technical organization within Kaplankaya for the processing and storage of Personal Data in accordance with the legislation,
• Establishing the necessary technical infrastructure to ensure the security of the databases where your Personal Data will be stored,
• Following and auditing the processes of the technical infrastructure created,
• Determining the procedures for reporting the technical measures and audit processes we take,
• Periodically updating and renewing the technical measures,
• Re-examining the risky situations and produces necessary technological solutions,
• Using the virus protection systems, firewalls and similar software or hardware security products and establishes security systems in line with technological developments, and
• Employing people who are experts in technical matters.

0. 4. 2. Administrative Measures

We are taking below measures in order to protect the Personal Data. Kindly be informed that administrative measures taken by our side regarding the protection of Personal Data are not limited with below.

• Establishing policies and procedures for accessing Personal Data, including employees of Kaplankaya,
• Informing and training our employees regarding protection and processing of Personal Data in accordance with applicable law,
• In the contracts we enter into with our employees and/or in the policies we create, recording the measures to be taken in case of unlawful processing of Personal Data by our employees, and
• Monitoring the processing of Personal Data of the data processors we work with or the partners of the data processors.

8. STORAGE OF PERSONAL DATA
   1. Storing Personal Data for The Period Stipulated In The Legislation Or For The Period Required For The Purpose For Which They Are Processed

We store the Personal Data for as long as required by the purpose of processing Personal Data and within the scope of our Personal Data Retention and Destruction Policy, without prejudice to the storage periods stipulated in the legislation.

In cases where we process Personal Data for more than one purpose, the Personal Data is deleted, destroyed or anonymized and stored if all the purposes of processing the Personal Data disappear or, upon the request of the Personal Data Owner, if there is no obstacle to the deletion of the Personal Data in the legislation. In matters of destruction, deletion or anonymization, the provisions of the legislation and the decisions of the KVK Authority are complied with.

8. 2. Measures Taken Regarding the Storage of Personal Data
      1. Technical Measures

• Establishing the technical infrastructures and related control mechanisms for the deletion, destruction and anonymization of Personal Data,
• Taking the necessary measures for the safe storage of Personal Data,
• Employing the people with relevant technical expertise,
• Creating business continuity and emergency plans against possible risks and developing systems for their implementation, and
• Establishing systems in accordance with technological developments regarding the storage areas of Personal Data.

8. 2. 2. Administrative Measures

• Raising awareness by informing our employees about the technical and administrative risks related to the storage of Personal Data, and
• In the case of cooperation with third parties for the storage of Personal Data, we include provisions regarding taking necessary security measures in order to protect and securely store the transferred Personal Data in the contracts signed with the companies to which the Personal Data is transferred.

9. DELETION, DESTRUCTION, AND ANONYMIZATION OF THE PERSONAL DATA

Personal Data collected within the scope of our processing purposes are processed and stored within the scope of our processing purposes and applicable laws.

Personal Data is deleted, destroyed, or anonymized upon;

• the complete termination of our processing purposes, or
• the request of the Personal Data Owner.

The deletion, destruction and anonymization processes are done within the scope of our Personal Data Retention and Disposal Policy, without prejudice to the provisions of the relevant legislation.

While your Personal Data is being deleted, destroyed or anonymized, the security measures in this Policy are taken.

Records of the transactions made for the deletion, destruction or anonymization of Personal Data are kept for at least 3 (three) years, without prejudice to the provisions of other laws and regulations.

Kaplankaya chooses the appropriate method of deleting, destroying or anonymizing the Personal Data, unless otherwise specified by the KVK Authority. If requested by the Personal Data Owner, the appropriate method is chosen by explaining the reason.

10. SAFETY OF THE PERSONAL DATA
    1. Our Obligations Regarding the Safety of the Personal Data

We are taking the following administrative and technical measures regarding the safety and protection of the Personal Data within the technological possibilities and implementation costs:

• Preventing the Process of Personal Data incompliance with the applicable law,
• Preventing the access to the Personal Data incompliance with the applicable law, and
• Storing the Personal Data in accordance with the applicable law.

10. 2. Our Security Measures Regarding the Prevention of the Process of Personal Data Incompliance with the Applicable Law

• Kaplankaya is carrying out and has the necessary inspections made within the company,
• Educating and informing our employees regarding Process of Personal Data in accordance with law,
• In cases where cooperation is made with third parties for the Process of Personal Data, including provisions regarding taking the necessary security measures in the contracts made with companies that process Personal Data, and
• In case of unlawful disclosure of Personal Data or data leakage, we notify the Personal Data Owner and the KVK Authority and carrying out the investigations stipulated by the legislation in this regard and take the relevant measures.

10. 3. Administrative and Technical Measures Taken in Order to Prevent Unlawful Access to the Personal Data

• Employing people with technical expertise,
• Periodically updating and renewing the technical measures,
• Establishing access authorization procedures within Kaplankaya,
• Determining the procedures for reporting the technical measures and audit processes we take,
• Establishing the data recording systems used in Kaplankaya in accordance with the legislation and conducting audits at regular intervals,
• Establishing emergency aid plans against possible risks and developing systems for their implementation,
• Training and informing our employees about accessing and authorizing Personal Data,
• In cases where cooperation is made with third parties for the storage and Process of Personal Data, including provisions regarding taking the necessary security measures in the contracts made with companies that process Personal Data, and
• Establishing security systems within the scope of technological developments in order to prevent unlawful access to personal data.

10. 4. Measures Taken by our Side in Case of Unlawful Disclosure of the Personal Data 

We take administrative and technical measures to prevent the unlawful disclosure of Personal Data and update them in accordance with our relevant procedures. If we detect that Personal Data has been disclosed without authorization, we establish the necessary systems and infrastructures to notify the Personal Data Owner and the KVK Authority.

In case of an unlawful disclosure despite all the administrative and technical measures taken, this situation may be announced on the website of the KVK Authority or by any other method, if deemed necessary by the KVK Authority.

11. RIGHTS OF THE PERSONAL DATA OWNER

Within the scope of our clarification obligation, we inform the Personal Data Owner and establish the necessary system and infrastructure and regulate necessary technical and administrative provisions in order to successful utilization of rights by the Personal Data Owner.

Personal Data Owner shall have the following rights:

• Right to request information regarding your personal data if such data has been processed by any way,
• Right to know the reason behind the process of personal data and whether personal data utilized in accordance with these reasons,
• Right to request identity information for the persons that obtained your personal data whether domestic or abroad,
• Right to request correction in case of erroneous or incomplete process of personal data,
• Right to request deletion or destruction of your personal data in accordance with the terms stipulated in KVKK and relevant legislation,
• Right to request to inform the third parties that your personal data sent to in case of request of correction, deletion or destruction of your personal data,
• In case of process of your personal data exclusively through the analyze of automatic systems, right to object the result of the process of personal data in case of such result turns out to be against your benefit, and
• Right to request of compensation in case you incur damages due to fail to process of personal data in accordance with legislation in force.

1. 1. Utilization of Rights Regarding Personal Data

You can submit your request regarding your Personal Data via abovementioned communication methods:

• Sending a “Kaplankaya Application Form” along with a copy of your ID card and/or passport to the address of “Bozbük Köyü No:194 Kaplankaya Mevkii Milas 48200 Muğla”,
• Sending an e-mail to the address of “[email protected]” with an e-signature or mobile signature, or
• If you notify and register an e-mail with Kaplankaya, by sending an e-mail to the address of “[email protected]”.

Please indicate your request explicitly and in an understandable manner in your application regarding the utilization of your abovementioned rights. Moreover, please kindly attach any and all information and document related to the request to your application.

In case of the applicant is action on another third party’s behalf, applicant must have special authorization and certify this authorization (power of attorney). In addition, application must include identity and address information and the documents related to confirm the identity.

Application from unauthorized third parties shall not be taken into consideration.

11. 2. Evaluating the Application
       1. Duration for the Reply to the Application

Application shall be replied as soon as possible and in any case within 30 (thirty) days of the receipt of application at the latest free of charge or in the event that the conditions in the tariff to be published by the KVK Authority regarding the fee are met, against the fee stated in such tariff is met and by evaluating your rights and requests thereof.

Additional information and documents may be requested during the application or while the application is being evaluated.

11. 2. 2. Our Right to Reject the Application

Applications regarding the Personal Data may be rejected for the following reasons. Kindly be informed that reasons to reject your application regarding the Personal Data are not limited with below.

• Processing Personal Data for purposes such as research, planning and statistics by anonymizing them with official statistics,
• Processing Personal Data for artistic, historical, literary, or scientific purposes or within the scope of freedom of expression, provided that it does not violate the privacy or personal rights of the Personal Data Owner or constitute a crime,
• Processing of Personal Data made public by the Personal Data Owner,
• The application is not based on a just cause,
• The application contains a request contrary to the relevant legislation, and
• Failure to comply with the application procedure.

11. 3. Evaluation Procedure for the Application

In order for the response period specified in the Article 11.2.1 of this Policy to commence, the applications must be sent via;

• “Kaplankaya Application Form” in written and wet signed form, by hand delivery or via a notary public, 
• Electronically signed via KEP, or
• Using an e-mail address which has been previously notified to Kaplankaya, which is the data controller, and registered in the system of Kaplankaya by the Personal Data Owner.

If the request is accepted, the necessary procedures are applied, and the applicant is notified in writing or electronically. In case of rejection of the request, the applicant is notified in writing or electronically by explaining the reason.

11. 4. Right to Petition to the KVK Authority

In cases where the application is rejected, the reply given is considered as insufficient, or the reply is not given in a timely manner; Personal Data Owner has the right to complain to the KVK Authority within 30 (thirty) days from the date of receipt of the reply and in any case within 60 (sixty) days from the date of application.

12. PUBLICATION AND STORAGE OF THE POLICY

This Policy is stored in two different media, printed paper and electronic media. Up-to-date versions of the documents are available on Kaplankaya’s website.

13. UPDATE FREQUENCY

This Policy is reviewed at least once a year without notice and updated as needed. Therefore, it is recommended that you periodically review this Policy.

14. ENFORCEMENT

This Policy shall enter into full force and effect upon the approval of the Kaplankaya of this Policy.

15. ABOLISHMENT OF THIS POLICY

In case it is decided to abolish this Policy, old copies of the Policy with wet signatures are canceled (with a cancellation stamp or written cancellation) by the [Legal Department] with the written approval of the [Department Manager] and stored by the [Finance Department] for a period of 5 years.