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INFORMATION ON THE LAW ON PERSONAL DATA PROTECTION

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Fine Otel Turizm İşletmecilik Anonim Şirketi

The Informative Text on the Processing of Personal Data

A. PURPOSE OF POLICY OF PROTECTION AND PROCESSING OF PERSONAL DATA:

In accordance with the Personal Data Protection Law ("PDPL") No. 6698 and within the framework of Article 10 titled "Data Controller’s Obligation to Inform" and Article 11 titled "Rights of Data Subject" of the PDPL, Fine Otel Turizm İşletmecilik A.Ş. (the "Company"), hereby declares you, with the “Informative Text” prepared by us as the Data Controller, for what purpose your personal data will be processed, to whom and for what purpose your personal data will be transferred, the method and legal reason for the collection of your personal data and your other rights stipulated in Article 11 of the PDPL:

As Data Controller, we process, register, transfer, share and store your personal data as explained below and within the framework of the legislation.

Our Company reserves its right to update at any time the "Informative Text Related with the Personal Data Protection” herein within the framework of amendments to be made in the applicable legislation in force.

B. COLLECTION, PROCESSING OF PERSONAL DATA AND PROCESSING PURPOSES:

Due to the activities carried out by our Company operating in the lines of business mentioned in the Articles of Association of Company in detail, the Company collects and processes your verbal, written or electronic personal data by the reason of regulations of the Ministry of Tourism and Revenue Administration and other related institutions and the contracts we have concluded.  Your personal data shall be used to provide services related to our Company's line of business and to improve the quality of such services, to conduct our Company's sales, marketing and other activities, to be in compliance with data storage, reporting and informing obligations. Likewise, your personal data may also be used in CRM (Customer Relationship Management) activities to increase the quality of services we provide you and for sales and marketing purposes. 

Your personal data shall not be used for purposes without your express consent other than those stated above and shall not be shared with or transferred to third parties except for legal obligations and to governmental institutions/organizations. 

With regards to the express consent of our customers and in particular the legislation in which we are subject to and in other cases provided for in Article 5/f.2 of the PDPL, our Company will share your relevant personal data with our domestic or foreign subsidiaries and directly or indirectly affiliated companies and joint ventures only for the purposes of providing our customers with added value services, opportunities and means and increasing the quality of service, or with public institutions or organizations that are authorized to request such data by a legal requirement, and with contractual suppliers, authorized dealers/vendors/business partners in connection with our activities, provided that adequate measures are taken.

Your personal data may vary depending on the services, products or business activities provided by our Company and may be collected verbally, in writing or electronically by means of automated or non-automated means, such as offices, branches, vendors, call center, website, social media channels, mobile applications and similar means. Your personal data may be created, updated and processed as long as you use the products and services of our Company.

In addition, your personal data will be processed in situations stated below where you have the intention to use the services of our Company:
a. When you use our call center or our Internet page;
b. When you visit our Company, website or social media channels;
c. When you attend training, seminar or events organized by our Company.
Your personal data obtained from you with your consent or through other legal reasons for compliance expressed in the laws of the Republic of Turkey may be processed by our Company and its associated companies/organizations and other real and/or legal entities specified in Article (C) below, subject to the personal data processing requirements and purposes set forth in Articles 5 and 6 of the PDPL Law for the purposes stated herein: (i) for our business units to be able to perform the necessary works to enable you to benefit from the products and services provided by our Company; (ii) for the provision of the products and services offered by our Company to be offered to you by customizing according to your liking, usage habits and needs; (iii) providing the legal and commercial security of the Company and the persons in business relationship with the Company (the administrative operations carried out by our Company in relation to communication, the physical security and supervision of the locations of the Company, the evaluation processes of executives or employees of business partners/customers/processes, legal compliance process, financial affairs, etc.); (iv) improving the quality of our services and our quality policy; (v) informing you about the common and special campaigns, promotions, discounts and similar advantages offered by our Company and enabling you to benefit from such; (vi) providing you with the information and services that you have requested, processing data such as your personal data, preferences, transactions and data obtained with your browsing period when you log in with your user name and password in order to receive services from our Company's means; (vii) making notifications (renewal, termination, etc.) regarding any loyalty cards issued and/or to be issued by our Company and its affiliates/organizations, the website memberships at our Company and its affiliates/organizations, informing changes, new practices and the like in personal data policies and membership conditions about any communication that may be established with you, new services and products to be offered; (viii) informing you about the information, activities and services you will request from our Company; (ix) the identification and implementation of our Company's commercial and business strategies; (x) the execution of our Company's human resources policies; and (xi) the fulfillment of a legal obligation explicitly set forth in the legislation or, where necessary, in accordance with legislation.

C. METHODS AND LEGAL REASON FOR COLLECTING PERSONAL DATA:

Your personal data is obtained in order to be able to offer our products and services specified in the above mentioned articles within the legal framework in any verbal, written or electronic form and to fulfill the contractual and legal liabilities of our Company in a complete and accurate manner. Your personal data collected for such legal reason are processed, recorded, transferred, shared and stored for the purposes stated in article (B) of the text herein within the scope of the personal data processing requirements and purposes set forth in Articles 5 and 6 of the PDPL.

D. PROCESSING OF SPECIAL CATEGORY DATA:

Data relating to race, ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, appearance and dressing, membership of association, foundation or trade-union, health, sexual life, criminal conviction and security measures, and biometrics and genetics are special category personal data. Our Company takes adequate measures specified by the Personal Data Protection Board for the processing of special category personal data. In order to provide better services, our Company will only process the special category data of the persons by obtaining consent from the relevant person and only to serve the purpose of collecting.

E. TO WHOM AND FOR WHICH PURPOSES THE PROCESSED PERSONAL DATA MAY BE TRANSFERRED:

Your collected personal data may be transferred to Fine Otel Turizm İşl. A.Ş., Ekopark Turizm İnş. San.ve Tic. A.Ş., Aquaworld Su Parkı San. ve Tic. A.Ş. as well as our shareholders, business partners, suppliers, legally authorized public institutions and private persons, within the framework of the personal data processing requirements and purposes stipulated in Articles 8 and 9 of the PDPL.

F. TRANSFER OF PERSONAL DATA ABROAD:

In accordance with the provisions set forth by the Personal Data Protection Board in the PDPL, our Company has the authority to transfer the personal data abroad in compliance with the conditions in the law and after obtaining the express consent from the relevant person.

G. RIGHTS OF PERSONAL DATA OWNER UNDER PDPL ARTICLE 11 :

We hereby acknowledge that, within the context of the PDPL, the relevant person has the right to be informed and to be asked to consent prior to the processing, recording, transfer, sharing and storage of his/her personal data and to determine the fate of his/her data after it has been processed, recorded, transferred, shared and stored.  In this context, in the event that you submit your claims about your rights as personal data owners to our Company in the manner described in “The Informative Text on the Processing of Personal Data” below, in accordance with the nature of the claim, our Company will finalize the claim within 30 days at the latest and free of charge.

In accordance with the Communiqué on Procedures and Principles of Application to Data Controller published by the Personal Data Protection Board, in relation with your claims about your rights as personal data owners:
i. You will not be charged for up to ten pages, if your application will be responded in writing. A transaction fee of 1 Turkish Lira per page may be charged for every page exceeding ten pages. 
ii. If the response to an application will be submitted in a recording medium such as a CD or flash memory, the fee that may be claimed by our Company as the data controller shall not exceed the cost of the recording medium.

In this context, personal data owners have the right to:
a. Learn whether or not the personal data have been processed;
b. Request information as to the processing, if his/her data have been processed;
c. Learn the purpose of processing of the personal data and whether data are used in accordance with their purpose;
d. Know the third parties in the country or abroad to whom personal data have been transferred;
e. Request correction in case personal data are processed incompletely or inaccurately and request notification of the operation made within the context to third parties to whom personal data have been transferred;
f. Request deletion, destruction or anonymization of personal data within the framework of the conditions set forth under PDPL Article 7 and request notification of the operation made within the context to third parties to whom personal data have been transferred;
g. Object to occurrence of any result that is to his/her detriment by means of analysis of processed personal data exclusively through automated systems;
h. Request compensation for the damages in case the person incurs damages due to unlawful processing of personal data.

On the other hand, persons have no rights in relation to the anonymised data within the Company. In accordance with business and contractual relations, our Company may share personal data with the relevant institutions and organizations in order for them to use the statutory powers of a judicial authority or state authority.

H. DURATION OF PROCESSING YOUR PERSONAL DATA:

Your personal data processed, in accordance with the PDPL, for the purposes stated in “The Informative Text on the Processing of Personal Data” shall be
deleted, destroyed or anonymized by our Company to continue to be used when the purpose that is required for the processing personal data in accordance with Article 7/f.1 of the PDPL ceases to exist and/or the time-out periods, in accordance with the legislation, that we are obliged to process your data within that duration have expired.

I. SITUATIONS WHERE OUR COMPANY MAY PROCESS YOUR PERSONAL DATA BY LAW WITHOUT YOUR EXPRESS CONSENT:

Our Company, pursuant to Article 5 of the PDPL, may process your personal data obtained in accordance with the law and by the means mentioned above without your express consent, if:

It is expressly stipulated by any law;
i. It is necessary to process your personal data in order to protect the life or physical integrity of yourself or another person where you as the data owner is physically incapable of giving consent or your consent is legally invalid;
ii. It is necessary to process the personal data of the contracting parties, provided that the processing is directly related to the execution or performance of a contract you concluded with our Company and its associated companies/organizations and other real and/or legal entities specified in Article (C) ;
iii. It is necessary for our Company to comply with a legal obligation;
iv. The relevant information is revealed to the public by yourself;
v. It is mandatory for the establishment, usage or protection of a right;
vi. It is mandatory for the legitimate interests of our Company, provided that your fundamental rights and freedoms are not harmed.

J. FILING A CLAIM PURSUANT TO PERSONAL DATA PROTECTION LAW:

In accordance with paragraph 1 of Article 13 of the PDPL, you may file a claim to our Company by the method(s) set forth/will be set forth by the Personal Data Protection Board in relation to the use of your rights mentioned above. Alternatively, in accordance with the PDPL, you may also file your claim to our Company in writing. You may always contact us by sending an e-mail to [email protected] in order to use such rights stipulated in Article 11 of Law No. 6698 . Only [email protected] e-mail address shall be used in relation to your claims about your personal data; claims and notices coming from other channels will not be taken into consideration.

The rights regarding personal data will only be used about the person's own personal data. Claims regarding the personal data of persons other than the person who completes the form and has official documents identifying his/her identity will not be taken into consideration. Forms that do not include official documents that identify your identity will not be taken into consideration. We also declare that we have the obligation to share data with the public authorities when requested by public authorities, even if deletion claims of personal data are fulfilled.

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  • INFORMATION ON THE

    INFORMATION ON THE

    LAW ON PERSONAL DATA PROTECTION

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