GDPR
1. General Information
The Law No. 6698 on the Protection of Personal Data (“PDPL”) grants individuals certain rights regarding their personal data, including being informed about their personal data, accessing this data, learning whether it is being used for its intended purposes, and requesting its correction or deletion.
The Law No. 6698 on the Protection of Personal Data (“PDPL”) grants individuals certain rights regarding their personal data, including being informed about their personal data, accessing this data, learning whether it is being used for its intended purposes, and requesting its correction or deletion.
In this context, applications to LLC Ajans must be made “in writing,” with the output of this form obtained as follows:
● Personally by the applicant,
● Through a notary public,
● Signed with a ‘secure electronic signature’ as defined in Law No. 5070 on Electronic Signature, and sent to our company’s registered email address,
● Through the registered email address provided to LLC Ajans, sent to LLC Ajans’s registered email address. Applications through written channels and instructions for information notes to be provided in submissions are detailed in the table below.
2. Right to Application
Subjects of Application
In accordance with Article 11 of the PDPL, anyone whose personal data is processed can apply to LLC Ajans as described above and make requests regarding the following issues:
● To learn whether their personal data is being processed or not,
● If their personal data has been processed, to request information regarding this,
● To learn the purpose of processing their personal data and whether it is used in line with this purpose,
● To learn the third parties to whom their personal data has been transferred domestically or abroad,
● To request correction of their personal data in case it is incomplete or incorrect, and to request notification of such correction to third parties to whom the personal data has been transferred,
● To request deletion, destruction, or anonymization of their personal data if the reasons requiring its processing cease to exist, and to request notification of such action to third parties to whom the personal data has been transferred,
● To object to any outcome that arises against them as a result of their personal data being exclusively analyzed through automated systems,
● To request compensation for damages in case they suffer damage due to the unlawful processing of their personal data.
Exceptions to the Right of Application
According to Article 28 of the PDPL, the following cases are excluded from the scope of the PDPL, therefore individuals cannot assert their right to application:
● Processing of personal data for research, planning, and statistical purposes by anonymizing them through official statistics.
● Processing of personal data within the scope of freedom of expression, art, history, literature, or scientific purposes, provided that it does not violate national defense, national security, public security, public order, economic security, privacy, or personal rights, or constitute a crime.
● Processing of personal data by public institutions and organizations authorized by law to carry out preventive, protective, and intelligence activities aimed at ensuring national defense, national security, public security, public order, or economic security.
● Processing of personal data by judicial authorities or enforcement authorities in connection with investigation, prosecution, trial, or execution processes. Pursuant to the second paragraph of Article 28 of the PDPL, except for the right to claim compensation for damages, rights cannot be asserted in the following cases:
● Processing of personal data necessary for the prevention of crime or for the investigation of criminal offenses,
● Processing of personal data that has been made public by the data subject themselves,
● Processing of personal data by competent and authorized public institutions and organizations or professional organizations of public nature for the conduct of supervision or regulatory duties, or for disciplinary investigation or prosecution,
● Processing of personal data necessary for the protection of the State’s economic and financial interests related to budget, tax, and financial matters.
3. Response Procedure and Timeline for Applications to LLC Ajans
In accordance with Article 13 of the PDPL, LLC Ajans will conclude the application requests made by data subjects, free of charge, within 30 (thirty) days depending on the nature of the request. However, if the process requires additional costs, fees may be charged according to the tariff set by the DPA. Our company may accept or reject the application, providing reasons, and will notify the individual in writing or electronically. The data subject’s application may be rejected under the following circumstances:
● Interfering with the rights and freedoms of others
● Requiring disproportionate effort
● The information being publicly available
● Endangering the privacy of others
● The existence of circumstances falling outside the scope of the PDPL (see 2.2.)
4. The right of the data subject to lodge a complaint with the Board
Under Article 14 of the PDPL, if the data subject’s application is rejected, they find the response inadequate, or if there is no response within the specified period, the data subject may lodge a complaint with the DPA within thirty days from the date they learn of the response, or in any case within sixty days from the date of application. Complaints to the DPA cannot be made before applying to our company.
5. Other Matters
LLC Ajans may request additional information from the data subject and may ask questions related to their application in order to clarify the issues mentioned in the data subject’s application