Personal Data Protection (KVKK) Policy

Information Notice

This information notice has been prepared by İsmail Çalmaz Otomotiv Yedek Parça İnşaat San. Ve Tic. A.Ş. (İsmail Çalmaz Otomotiv) for the purpose of informing you about your personal data obtained by it within the scope of the Turkish Personal Data Protection Law No. 6698 (the Law, commonly referred to as KVKK).

İsmail Çalmaz Otomotiv provides services for the purchase and sale of second-hand vehicles of all makes, models and ages.

Within the scope of the services provided in the course of this activity, the personal data of persons receiving the services are collected and may be processed as set out in this notice.

İsmail Çalmaz Otomotiv may update and/or amend these provisions under the Law on the Protection of Personal Data at any time by publishing them on its website. In this case, the updates and amendments made will take effect from the date on which they are published on the website.

Data Controller

Pursuant to Personal Data Protection Law No. 6698, your personal data are processed by İsmail Çalmaz Otomotiv, as data controller, in the manner set out in this notice.

Personal Data

Personal Data Collected

The data collected by İsmail Çalmaz Otomotiv vary depending on the services and features used.

• Identity Data: Name, surname, invoicing details, T.C. identity number (Turkish national identification number), photocopy of identity document, driving licence, tax number and other similar information and documents
• Contact Data: Mobile phone, home phone, work phone, address, e-mail address
• Demographic Data: Date of birth, age, preferred language data
• Financial Data: Invoicing details
• Customer Transaction Data: Your reasons for calling İsmail Çalmaz Otomotiv directly or its call centres for various reasons, usage information, data on the dates and times at which the vehicle is used, province, district, area, neighbourhood and address information relating to your location, preferred call-back method and date, channels through which responses were given
• Marketing Data: Traces left on the telephone or the website, such as the website visited, number of pages viewed, duration of visit and number of goal completions, search terms entered on the website, information on services visited, and logs of errors occurring during use of the service
• Audio Recordings: Voice recordings made during calls to İsmail Çalmaz Otomotiv or its call centres

Where Personal Data Are Stored and Processed

Personal data collected by İsmail Çalmaz Otomotiv may be stored in Türkiye or abroad, or in another country in which its affiliates, subsidiaries or the service providers with which it cooperates have facilities, and may be processed in line with and for the purposes set out in this notice.

Purposes for Which Personal Data Will Be Processed

Personal data are processed for the purposes detailed below, in accordance with the principles set out in Article 4 and the processing conditions set out in Articles 5 and 6 of Personal Data Protection Law No. 6698, in order to fulfil legal and commercial obligations within the framework of contracts concluded with third-party natural/legal persons having a business relationship with İsmail Çalmaz Otomotiv, the activities carried out and the obligations arising from legal regulations, and for the purposes of performing the obligations arising from contracts concluded by İsmail Çalmaz Otomotiv with business partners/customers/suppliers, establishing rights, protecting rights, conducting commercial and legal assessment processes, carrying out legal and commercial risk analyses, conducting the legal compliance process, conducting financial affairs, fulfilling legal requirements, implementing the decisions of competent institutions, organisations and authorities, and responding to their requests.

• Fulfilment of obligations arising from legislation
• Management of relationships with business partners and/or suppliers
• Legal and criminal proceedings to be directed by the competent authorities

Retention Period of Personal Data

Personal data will be retained for as long as is necessary for the purpose for which they are processed, in order to fulfil the obligations arising from the nature of the service provided for the purposes set out in this notice.

In the event of any legal or criminal dispute arising from second-hand vehicle purchase or sale transactions, İsmail Çalmaz Otomotiv will retain personal data throughout the limitation period specified in the relevant legislation, limited to the purpose of conducting, following up and concluding the administrative or judicial process within the scope of the dispute.

To Whom and for What Purposes Processed Personal Data May Be Transferred

Personal data are shared, limited to the parties and sharing purposes set out below, subject to the conditions set out in Articles 8 and 9 of the Law.

Within the scope of the performance of the purchase of the products and services purchased: if you have given permission to benefit from and be informed of the advantages and campaigns relating to the products and services offered by İsmail Çalmaz Otomotiv, our business partners providing SMS, e-mail and all kinds of electronic message sending services to mobile devices, telecommunications companies and service providers, in order to inform you about them; if you permit us to offer joint campaigns with the insurance companies, traffic consultancy firms and business partners with which we cooperate and to share your data with our business partners in this context, those institutions and organisations; if you wish to obtain a price for your vehicle with a view to selling it, PTT A.Ş. General Directorate (Turkish Post), the Revenue Administration (GİB) and the Insurance Information and Monitoring Centre (SBM), for the purpose of querying the history of your vehicle; within the framework of our legal notification and reporting obligations, the Ministry of Finance of the Republic of Türkiye, the Ministry of Customs and Trade of the Republic of Türkiye and other official institutions and organisations legally authorised to request such information; official institutions and organisations and auditors authorised to audit İsmail Çalmaz Otomotiv and to request information; where requested within the framework of judicial/administrative investigations or disputes, public prosecutors' offices, courts and similar official institutions; contracted law firms and enforcement offices, in order to conduct legal follow-up processes within the framework of consumer lawsuits and to fulfil our legal obligations properly; research and survey companies, within the scope of studies to be carried out for market research, the development of our products and services and the measurement of customer satisfaction, provided that the necessary permissions under the Law have been obtained; our suppliers responsible for operating our website, mobile applications, the software used by our company and similar technological infrastructure, within the framework of technical necessities; contracted cargo companies, the General Directorate of the Post and Telegraph Organisation (PTT) and the Union of Turkish Notaries (TNB), in order to send you information, documents, correspondence and similar notifications where necessary; and other relevant competent institutions and organisations, where necessary for the fulfilment of our legal obligations.

Method and Legal Basis of Personal Data Collection

Your personal data are collected through different channels depending on the nature of the transaction, by automated means in electronic form or by non-automated means, verbally/in writing.

Depending on the purpose of processing, your personal data are processed within the framework of the legal grounds provided for in the Law, namely that processing is "necessary by reason of being directly related to the conclusion and performance of a contract", that it is "necessary for the data controller to fulfil its legal obligation", that it is "expressly provided for by law", that "processing of data is necessary for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject", or "the existence of the explicit consent of the data subject".

Data Security Measures and Commitments

İsmail Çalmaz Otomotiv undertakes to protect personal data securely. Technical and administrative measures aimed at ensuring an appropriate level of security are implemented, using various methods and security technologies, in order to prevent the unlawful processing of and access to personal data and to ensure the safekeeping of personal data.

İsmail Çalmaz Otomotiv will not disclose the personal data it obtains contrary to the provisions of the Law and will not use them for purposes other than the purpose of processing. Where users' personal data are shared with outsourced service providers within the scope of this notice, it will give the necessary warnings to ensure that such outsourced suppliers also comply with the commitments contained in this notice.

The User undertakes that the information they share with İsmail Çalmaz Otomotiv is complete, accurate and up to date and that, in the event of any change in such information, they will update it via İsmail Çalmaz Otomotiv's communication channels. İsmail Çalmaz Otomotiv shall bear no responsibility if the User has not updated their information.

Rights of the Data Subject under Article 11 of the Law

If, as data subjects, you submit your requests concerning your rights to İsmail Çalmaz Otomotiv via the [email protected] address or by other methods determined by the Board, using İsmail Çalmaz Otomotiv's communication channels, İsmail Çalmaz Otomotiv will conclude the request free of charge, depending on its nature, as soon as possible and within thirty days at the latest. If the procedures relating to your application require a separate cost, the fees determined by the Personal Data Protection Board (the "Board") will be invoiced to you. In this context, pursuant to Article 11 of the Law, you may submit to İsmail Çalmaz Otomotiv your request concerning the exercise of your rights set out below.

• To learn whether your personal data are being processed
• To request information in this regard if your personal data have been processed
• To learn the purpose of the processing of your personal data and whether they are used in accordance with that purpose
• To know the third parties in Türkiye or abroad to whom your personal data are transferred
• To request the rectification of your personal data if they are incomplete or inaccurately processed, and to request that the action taken in this respect be notified to the third parties to whom your personal data have been transferred
• To request the erasure or destruction of your personal data where the reasons requiring their processing no longer exist, even though they have been processed in accordance with the provisions of Law No. 6698 and other relevant laws, and to request that the action taken in this respect be notified to the third parties to whom your personal data have been transferred
• To object, if you believe that a result to your detriment has arisen through the analysis of your processed data exclusively by means of automated systems
• To claim compensation for your damage if you suffer damage due to the unlawful processing of your personal data

Your application must contain the following;

• Your name, surname and, if the application is made in writing, your signature
• For citizens of the Republic of Türkiye, your T.C. identity number; if you are a foreign national, your nationality, passport number or, if any, your identity number
• Your residential or business address for the service of notifications
• If any, your e-mail address, telephone and fax number for notifications
• The subject of your request

The inclusion of the above is mandatory, and any information and documents relating to the matter, if available, must also be attached to the application.