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DIŞ PATENT MARKA TESCİL VE DANIŞMANLIK HİZMETLERİ LTD. ŞTİ.
CLARIFICATION TEXT IN THE SCOPE OF THE LAW NO. 6698 ON THE PROTECTION OF PERSONAL DATA
It is important to process and preserve personal data and/or sensitive personal data in accordance with the Law No. 6698 on the Protection of Personal Data (hereinafter referred to as “KVKK” or “Law”). For this reason, we as DIŞ PATENT MARKA TESCİL VE
DANIŞMANLIK HİZMETLERİ LTD. ŞTİ. (hereinafter referred to as “DIŞPATENT” or “Company”.) act in accordance with the KVKK regarding the protection, preservation and processing of your personal data and/or sensitive personal data. We often receive data from you on the internet. Personal data and/or sensitive personal data obtained and recorded during the visit of our website are processed in accordance with the Law on the Protection of
Personal Data. In this regard, DIŞPATENT, in the capacity of data controller, receives and preserves your data within legal limits. We would also like to point out that; all personal data and/or sensitive personal data obtained during the visit of our website are protected within the frame of our Privacy Policy. You can review our Privacy Policy, which you can find on our page, on the KVKK clarification text of our website via the link …. This clarification text has been prepared by DIŞPATENT in the capacity of data controller within the scope of Article 10 of the Law No. 6698 on the Protection of Personal Data and the Communiqué on the Procedures and Principles to be Complied with in Fulfilling the Obligation to Clarify.
1- WHAT IS PERSONAL DATA?
Personal data is expressed as “any information relating to an identified or identifiable natural person” in the Law No. 6698 on the Protection of Personal Data. As it can be understood from the definition, all kinds of information that makes you identifiable is personal data. In addition to all these, political thought, sect, race, religion, association-foundation membership, health information, philosophical thought, belief, sexual preference, criminal record, criminal conviction information, and biometric data are sensitive personal data.
2- LEGAL BASIS
The Law No. 6698 on the Protection of Personal Data envisages the disclosure of the persons whose data is processed before performing data processing. This consideration, which is regarded as Obligation to Inform, is stipulated, in Article 10 of the Law on Protection of
Personal Data, as “During the acquisition of personal data, the data controller and the person authorized by it are obliged to inform the persons concerned about the identity of the data controller and its representative, if any, the purpose for which the personal data will be processed, who and for what purpose the processed personal data can be transferred, the method and legal reason for collecting personal data, their other rights listed in Article 11”. In
Article 3 of this Law, the data controller is defined as “natural or legal persons who determine the purposes and means of processing personal data and are responsible for the establishment and management of the data recording system”. Again, the data processor is judged as “The natural or legal person who processes personal data on behalf of the data controller, based on the authority given by the data controller.” In this regard, the data controller is DIŞPATENT, whose website you visit. The information of the data controller is as follows.
Data Collector : Dış Patent Marka Tescil Ve Danışmanlık Hizmetleri Ltd. Şti.
Address : Girne Mahallesi Elifli Sokak No: 27 Kat: 5 Bay Plaza Maltepe 34852 İstanbul/Türkiye
Phone : 444 0 174
E-mail : kvkk@dispatent.com.tr
3- THE SCOPE OF OBLIGATION TO INFORM OF DIŞPATENT AS DATA CONTROLLER
As explained above, the data controller is DIŞPATENT. DIŞPATENT, in the capacity of data controller, notifies and informs you about who can process personal data and for what purpose they can be processed, to whom and for what purpose they can be transferred, the method of data collection and the rights of the data owner regarding the protection of personal data in this Clarification Text.
4- PURPOSE OF PROCESSING YOUR DATA BY DIŞPATENT
Your personal data is processed within the limits stipulated by the Law No. 6698 on the Protection of Personal Data and on the basis of the principles of the law.
Within the frame of the Law, our purposes of processing your data as DIŞPATENT are as follows:
Providing you with consultancy services specific for you regarding development or services in your activities in the field of legal advice or Intellectual Property,
- Protecting and defending your intellectual property as directly instructed by us,
- Our ability to carry out activities related to your Intellectual Property rights that will take place before TÜRKPATENT and Courts,
- Giving you the most out of our website and being able to increase the quality of our service offered to you in this regard by identifying personal needs and usage purposes,
- Being able to inform you quickly about the innovations, products and services offered by DIŞPATENT,
- Our ability to carry out commercial activities and to provide you with complete performance in this regard,
- Informing you about our changing and developing products and services and to provide clarification where necessary,
- Being able to contact you about the request and complaint you have submitted to
DIŞPATENT and to quickly resolve the problems,
- Being able to develop, determine, keep on a secure basis our commercial partnerships and strategies, and taking the right decisions in our commercial policies and administrative processes,
- As DIŞ PATENT, keeping our corporate identity on a solid basis and ensuring our corporate functioning,
- Achieving the goals of our in-company policies and thus increasing the satisfaction of our customers,
- Ensuring the information security,
- Ensuring compliance with the provisions of the Privacy Policy on our website, which
you can access via the link https://dispatent.com.tr/.
5- PRINCIPLES FOR PROCESSING YOUR DATA
We as DIŞPATENT, adopt the followings as a principle:
- Being kept for the period required by the legislation concerned or for the purpose for which they are processed;
- Processing in accordance with the law;
- Ensuring the data up-to-dateness;
- Acting in accordance with good faith;
- Not being used other than for the purpose for which they are processed;
- Being proportionate and limited to the purposes for which they are processed;
- Processing in accordance with general morals, customs and traditions;
- Processing in accordance with the provisions of all relevant legislation and in particular the provisions of the Law No. 6698 on the Protection of Personal Data.
6- PROCESSING METHOD OF DATA
Your personal data can be processed by DIŞPATENT in the presence of two conditions. These two conditions are as follows:
- CONDITIONS FOR THE COMPLIANCE WITH THE LAW OF EXPLICIT
CONSENT (CONDITIONS THAT DO NOT REQUIRE EXPLICIT CONSENT.)
- CONDITIONS THAT DO NOT REQUIRE EXPLICIT CONSENT
The Law No. 6698 on the Protection of Personal Data states that in some conditions, the explicit consent is not required for the processing of personal data. These conditions specified in the 2nd paragraph of Article 5 of the Law are as follows:
- Being expressly stipulated in the law.
- Being mandatory for the protection of the life or physical integrity of the person or another person, who is unable to express his/her consent due to the actual impossibility or whose consent is not legally valid.
- Being necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract.
- Being mandatory for the data controller to fulfill its legal obligation.
- Being made public by the person concerned by himself/herself.
- Keeping the data processing mandatory for establishment, exercise or protection of the right.
- Being mandatory to process data for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data owner.
- Having the right to process data as DIŞPATENT without your explicit consent in case of the existence of such conditions.
We have the right to process personal data other than health and sexual life from your sensitive personal data, without seeking explicit consent, in the conditions stipulated by law. Personal data related to health and sexual life can only be processed for the purpose of protecting public health, performing preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and financing, by persons or authorized institutions and organizations under the obligation of confidentiality without seeking the explicit consent of the person concerned.
7-METHOD AND LEGAL REASON OF COLLECTING YOUR DATA
Our company collects data from different channels in developing and changing technological conditions. The website is one of the areas where we collect personal data automatically. Personal data and/or sensitive personal data collected through the website within DIŞPATENT are processed based on one or more of the legal reasons in Articles 5 and 6 of the Law No. 6698 or on the condition of express consent. We would like to point out that the relevant person is informed according to the category and type of the processed data, for what purpose the data will be processed in the said clarification texts, to whom and for what purpose the processed data can be transferred, the method and legal reason for data collection and about the rights of the person concerned, and the explicit consent is obtained where necessary.
8- TRANSFER AND PROTECTION OF DATA
a- TRANSFER
Your data is transferred to third parties when necessary in accordance with the terms of our confidentiality agreements, in accordance with the Law No. 6698 on the Protection of Personal Data. For each transferred data, a detailed explanation is given in the Clarification Text, which is made before the data is obtained, for what purpose the data can be transferred to and to whom. However, under all circumstances, when transferring data, DIŞPATENT acts in accordance with Articles 8 and 9 of the Law No. 6698. In addition, necessary technical and administrative measures are also taken.
b- PROTECTION
The Law No. 6698 on the Protection of Personal Data mainly aims to protect data and prevent unauthorized transfer. We as DIŞPATENT take the necessary technical and administrative measures in order to prevent the transfer of data to unauthorized third parties, especially the provisions of the relevant law. In this regard, we especially adapt our internal policies to the Law on the Protection of Personal Data and we have all kinds of technical software and hardware for the protection of personal data. In order to achieve all these, we try to prevent our employees and third parties with whom we do business from acting against our Privacy Policy, which you can access via the link https://dispatent.com.tr/.
9- RIGHTS OF THE DATA OWNER AS PERSON CONCERNED
a- GENERAL INFORMATION ABOUT THE APPLICATION
The rights of the data owner are stipulated in Article 11 of the Law No. 6698 on the
Protection of Personal Data. In the law, the data owner is considered as a “person concerned”; the right to make certain requests regarding the processing of its data is envisaged.
Pursuant to this article, the claim rights of the person concerned are as follows:
- Learning whether the personal data is processed,
- If the personal data has been processed, requesting information about it,
- Learning the purpose of processing the personal data and whether they are used in accordance with its purpose,
- Knowing the third parties to whom personal data is transferred, in the country or abroad,
- Requesting the correction of personal data in case of incomplete or incorrect processing,
- Requesting the erasure or destruction of the personal data pursuant to the conditions stipulated in Article 7 of the Law titled “Erasure, destruction or anonymization of the personal data”,
- Requesting the notification to third parties to whom personal data is transferred about the information that incomplete or incorrectly processed data has been corrected or that the data has been erased or destructed upon the request of the person concerned,
- Objecting to the emergence of a result against the person himself/herself by analyzing the processed data exclusively through automated systems,
- Requesting compensation for the damage in case of loss due to unlawful processing of personal data.
- You can submit your requests regarding your rights arising from the Law on the Protection of Personal Data explained above to our company within the frame of the procedure specified in this Clarification Text. Your requests will be answered by DIŞPATENT as soon as possible or within thirty days at the latest. Applications must be made by the data owner himself/herself. DIŞ PATENT will only consider the application made by the data owner and will share information about the applicant.
b- APPLICATION PROCEDURE
You can submit your requests regarding your rights mentioned above to DIŞPATENT, which is the data controller, in writing or by using the registered e-mail (KEP) address, secure electronic signature, mobile signature or the e-mail address previously notified to the data controller by the data controller and registered in the data controller’s system. You can review the information on our website in order to exercise your right of request regarding personal data and again you can use the “Information Request Form Pursuant to the Law No. 6698 on Protection of Personal Data”, which you can access via the link https://dispatent.com.tr/.
c- INFORMATION TO BE INCLUDED IN THE APPLICATION
- The information that should be included in your application is as follows:
- Name and Surname
- National ID Number
- Passport Number If You Are A Foreign Nation or ID Number If Available
- Your Wet Signature at the Bottom of the Request Form, If It Is A Written Application
- Content of Your Request Pursuant to Article 11 of KVKK
- Your E-Mail Where We Can Reach You
- Principal Settlement or Business Address for Notification
DIŞ PATENT MARKA TESCİL VE DANIŞMANLIK HİZMETLERİ LTD. ŞTİ.