KVKK Information Notice

KYUNG CHANG ENDÜSTRİYEL, on the website www.kyungchang.com.tr, under the "Privacy and Security" section, has published this "CUSTOMER INFORMATION TEXT ON THE PROTECTION AND PROCESSING OF PERSONAL DATA." In accordance with the Personal Data Protection Law No. 6698 (hereinafter referred to as KVKK in this text), as the Data Controller, in line with the Information Obligation, in order to protect your rights over your personal data, which is one of your fundamental rights and freedoms, we have prepared this text to inform you, our valued visitors, about the legal grounds and methods we use to collect your personal data, how we process the data we collect, and the methods we use to ensure data security.

With the amendment made by Law No. 5982 in 2010, the protection of personal data was constitutionally guaranteed by adding a paragraph to Article 20 of the Constitution titled "Privacy of Private Life." In accordance with the obligation imposed by Article 20 of the Constitution, the KVKK was published in the Official Gazette on April 7, 2016, and entered into force. The conditions for the retention, storage, processing, and sharing of personal data with third parties, as well as the principles to be applied, are regulated in detail in the provisions of the KVKK and secondary legislation. 

KYUNG CHANG INDUSTRIAL reserves the right to update and modify this General Information Text in accordance with the provisions of the KVKK and secondary legislation.

I. PERSONAL DATA

According to the KVKK regulation, personal data refers to any information relating to an identified or identifiable natural person. This information includes details such as a person's name, surname, date of birth, gender, identity number, email address, residence/delivery address, and telephone number. Because it is any information that could make a person identifiable or identifiable, it is defined as personal data in our legal regulations within the framework of national and international regulations.

In this context, your personal data specified in the table below is processed in accordance with the provisions of the KVKK and the processing purposes specified in heading II.

II. PROCESSING OF PERSONAL DATA AND PURPOSE OF PROCESSING

The processing of personal data refers to any operation performed on data, such as obtaining, recording, storing, preserving, modifying, reorganizing, disclosing, transferring, acquiring, making available, classifying, or preventing the use of personal data, whether fully or partially automated, through websites, stores, or customer support lines.

KYUNG CHANG ENDÜSTRİYEL processes your personal data solely for the purposes specified in this "Customer Information Text on the Protection and Processing of Personal Data" and in compliance with the relevant legal regulations, primarily the Constitution, Law No. 6563 on the Regulation of Electronic Commerce, the Consumer Protection Law No. 6502, and the Remote Contracts Regulation, and in accordance with the Personal Data Protection Law No. 6698, with your explicit consent, as expressly provided for by law, as directly related to the performance of the contract, to enable the data controller to fulfill its legal obligations, and for the legitimate interests of the data controller, for the period specified in the relevant legislation.

Our Main Purposes for Processing Personal Data;

• Planning and/or implementation of measures in line with the company's working strategies aimed at customer satisfaction,
• Conducting marketing processes and planning and/or executing R&D activities related to this process, 
• Planning and/or execution of sales processes for products and/or services related to company activities,
• Planning and/or execution of activities related to support services required after sales,
• Tracking customer requests and/or potential complaints,
• Monitoring of contract processes or legal claims,
• Planning, execution, and ensuring the security of operational activities necessary to ensure that company activities are conducted in accordance with company rules and/or relevant legislation.
• Ensuring that personal data is accurate and up-to-date,
• Providing information to authorized institutions upon request, within the framework of legal requirements,
•  Planning and/or execution of marketing activities such as campaigns, discounts, promotions, and customer-specific offers, and conducting promotional activities
  

When you access the KYUNG CHANG INDUSTRIAL website, clicking on the green phone icon on the homepage will bring up a message box that says, "How can we help you? You can connect to our WhatsApp support line for your questions." If you, our valued visitors or members, choose to contact us by sending us a message via the WhatsApp web application, you will be asked to give your explicit consent to the transfer of your personal data relating to your contact information abroad, as the WhatsApp servers are located outside of Turkey. If you do not give your explicit consent to this process, you can still access the same communication service via the "live chat" application on our website and the number 0 216 397 50 51, without your data being transferred abroad. Personal data processed in this context is processed in accordance with the law and relevant legislation and for the duration necessary to achieve the stated purposes, limited to communicating with you and informing you about advertisements and campaigns.

By filling out the membership information on the KYUNG CHANG ENDÜSTRİYEL website through the online system, freely checking the box "I have read and accept the Membership Agreement, General Disclosure Text on the Protection and Processing of Personal Data" in the relevant section, and completing the membership process thereafter; KYUNG CHANG INDUSTRIAL processes the personal data of the relevant person (the person whose personal data is processed) related to the establishment and performance of distance sales contracts, consumer contracts, and other relevant contracts (processing includes recording, storing, and archiving as defined by the Law).

III. GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL DATA

KYUNG CHANG INDUSTRIAL hereby acknowledges, declares, and undertakes that it complies with and will continue to comply with the following fundamental principles when processing personal data. (These principles are set forth in Article 4 of the KVKK).

1. Compliance with the law and rules of integrity,
2. Accuracy and timeliness when necessary,
3. Processing for specific, explicit, and legitimate purposes,
4. Being relevant, limited, and proportionate to the purpose for which it is processed,
5. Retain for as long as necessary for the purpose for which it was processed.
   

IV. DATA SECURITY

KYUNG CHANG INDUSTRIAL will establish the necessary systems and control mechanisms for the deletion, destruction, or anonymization of personal data it obtains, prevent the unlawful processing of data, prevent unlawful access to data, ensure the preservation of data, and take all necessary legal, administrative, and technical measures in this regard; it will carry out and/or have carried out the necessary audits in the event that the data is processed within its own organization and/or by another natural person and/or legal entity, and will also take all legal, administrative, and technical measures.

KYUNG CHANG INDUSTRIAL hereby acknowledges, declares, and undertakes that in the event of unlawful access to processed personal data by third parties, it will immediately (within a maximum of 72 hours as determined by the Board's decision) notify the data subject in writing and report the data breach to the Personal Data Protection Board, the administrative authority, through the system.

V. TRANSFER OF PERSONAL DATA

1.  TRANSFER OF DATA WITHIN THE COUNTRY

KYUNG CHANG INDUSTRIAL may only transfer the personal data it obtains to third parties, whether natural persons or legal entities, located within the country with the explicit consent of the relevant individual.

The transfer of the personal data of the relevant person to a third natural and/or legal person without their explicit consent is only permitted within the framework of the exceptions set forth in Article 20 of the KVKK and specified below; it may be transferred to authorized persons and authorities in accordance with the Law and for a purpose related to the Law. These cases are as follows:

• Explicitly provided for in the laws,
• Where a person is unable to express consent due to actual impossibility or where consent is not legally valid, it is necessary to protect the life or physical integrity of that person or another individual.
• The processing of personal data belonging to the parties to a contract is necessary provided that it is directly related to the establishment or performance of the contract.
• It is mandatory for the data controller to fulfill their legal obligations,
• The fact that the person concerned has made it public themselves,
• Where processing is necessary for the establishment, exercise, or defense of legal claims, 
• Provided that it does not infringe upon the fundamental rights and freedoms of the data subject, the processing of data is necessary for the legitimate interests of the data controller,
  

     2.  Transfer of Data Abroad

KYUNG CHANG INDUSTRIAL may only transfer the personal data it obtains to third parties, whether individuals or legal entities, located abroad with the explicit consent of the relevant individual.

For personal data to be transferred abroad, the domestic transfer conditions specified above must be met, and in addition, the foreign country to which the personal data will be transferred must:

1. The presence of adequate protection, 
2. In the absence of adequate protection, KYUNG CHANG ENDÜSTRİYEL may transfer personal data abroad without seeking the explicit consent of the data subject, provided that the data controllers in Turkey and the relevant foreign country commit in writing to providing adequate protection and subject to the approval of the Board. 
   

Which countries are accepted as "countries with adequate protection" will be determined and announced by the Personal Data Protection Board. If the Board announces that a country is secure, personal data may be transferred abroad without the need to obtain permission from the Personal Data Protection Board and without the need for data controllers in foreign countries to commit to protection in writing.

VI. RIGHTS OF THE DATA SUBJECT (THE NATURAL PERSON WHOSE PERSONAL DATA IS PROCESSED)

Individuals whose personal data is processed have the right to apply to KYUNG CHANG ENDÜSTRİYELE as the data controller for the purpose of implementing the provisions of the KVKK and other relevant legislation; and, within the framework of Article 11 of the KVKK, they are entitled to the following rights. These rights are provided for your information:

1. Learning whether personal data is being processed,
2. Requesting information regarding the processing of personal data, 
3. Learning the purpose of processing personal data and whether it is being used for its intended purpose,
4. Knowing the third parties to whom personal data is transferred within or outside the country, 
5. Requesting the correction of personal data if it has been processed incompletely or incorrectly,
6. Requesting the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7 of the KVKK, 
7. Requesting notification to third parties to whom personal data has been transferred regarding the processing carried out in accordance with subparagraphs (e) and (f), 
8. Objecting to a result that is detrimental to the individual arising solely from the analysis of processed data by automated systems, 
9. Requesting compensation for damages incurred as a result of the unlawful processing of personal data,
   

are listed as follows. 

VII. APPLICATION TO THE DATA CONTROLLER

The data subject whose personal data is processed has the right to apply to KYUNG CHANG INDUSTRIAL, in its capacity as the data controller, within the most appropriate time frame related to the exercise of their rights, if they wish to exercise their rights arising from the processing of personal data processed by KYUNG CHANG INDUSTRIAL or which they have learned has been processed.

The relevant person acknowledges that they are obligated to submit their requests in writing via registered mail/notary channel or email, using the information request form available on the website, with the subject line "Request for Information Regarding the Personal Data Protection Law," to KYUNG CHANG INDUSTRIAL.

In order to exercise the rights specified in Section VI above, titled "Rights of the Data Subject," pursuant to Article 5/2 of the Communication on the Procedures and Principles for Applications to the Data Controller, published in the Official Gazette No. 30356 on March 10, 2018, and entered into force on the same date, the mandatory information that must be included in applications to KYUNG CHANG ENDÜSTRİYEL in order to respond to applications in accordance with the law and regulations is specified below: , applications made to KYUNG CHANG ENDÜSTRİYEL must include the mandatory information listed below in order to be responded to in accordance with the law and regulations.

1. First name, last name, and signature if the application is in writing.
2. For citizens of the Republic of Turkey, the Turkish ID number; for foreigners, nationality, passport number, or ID number if available.
3. The address of the principal place of residence or business address for the purpose of service of process,
4. If available, the email address, phone number, and fax number to be used for notifications,
5. Subject of the request.
   

The request letter containing the information and documents specified above and explanations regarding the requested right can be sent to Kavakpınar Mah. Tandoğan Cad. No:144/2 Pendik/İstanbul/TURKEY, or it can be sent to the email address info@kyungchang.com.

KYUNG CHANG INDUSTRIAL hereby accepts and undertakes to process the requests included in the application as soon as possible and within a maximum of thirty days, depending on the nature of the request. If a written response is provided to the application, no fee will be charged for up to 10 (ten) pages in accordance with Article 8 of the relevant Circular, and a processing fee of 1 Turkish Lira will be charged for each page exceeding 10 (ten) pages.

If the response to the application is provided on a recording medium such as a CD or flash drive, the data controller may charge a fee proportional to the cost of the recording medium.

KYUNG CHANG INDUSTRIAL, as the data controller, has the right to accept or reject requests made by the data subject regarding the exercise of their rights, providing justification for any rejection. In such cases, the data controller acknowledges its obligation to communicate its response to the request to the data subject in writing or electronically. If the request contained in the application is accepted, the data controller acknowledges and undertakes that it is obliged to fulfill the request.

In cases where the application is rejected, the response provided is deemed insufficient, or no response is provided within the specified timeframe (30 days), the relevant individual has the right to file a complaint with the Personal Data Protection Board within thirty (30) days from the date they learn of the data controller's response and, in any case, within sixty (60) days from the date of the application.

If the application is due to an error on the part of KYUNG CHANG INDUSTRIAL, the fee charged will be refunded to the applicant.

IIX. UPDATE PERIOD

KYUNG CHANG INDUSTRIAL reserves the right to unilaterally amend this General Information Notice on the Protection and Processing of Personal Data at any time in accordance with its economic and commercial decisions or the principles established by the Personal Data Protection Board. Amendments will be published as of the update date.