Privacy Policy & Protection of Personal Data

1. PURPOSE

Turkish Law on the Protection of Personal Data (shortly "KVKK Law") is published in the Official Gazette of 7th April 2016. This law has been formulated in order to protect the rights and freedoms of individuals, the privacy of personal life, and to set obligations against any wrongful act in Turkey.

Our purpose is to create a policy of data security and storage abiding by the Law on the Protection of Personal Data. Istanbul Homes creates this policy and monitors its implementation in its operations to protect and preserve personal data.

2. SCOPE

The scope of implementation of this policy covers the visitors of istanbulhomes.com as well as the team of Istanbul Homes. Istanbul Homes ® is a registered brand of Tekçe Overseas Gayrimenkul Anonim Şirketi which is an overseas real estate company. istanbulhomes.com is owned by Tekçe Overseas Gayrimenkul AŞ. The policy is in use on all activities created and executed by Tekçe Overseas Gayrimenkul AŞ.

This policy is prepared in line with the KVKK Law and it should be agreed upon by all employees of Istanbul Homes.

Istanbul Homes wants all of its customers, visitors, and employees to learn and act in line with this policy. The company gives proper information about this policy and provides its employees with relevant materials.

3. GLOSSARY OF TERMS

3.1. Istanbul Homes

Istanbul Homes is one of the brands of the international overseas property company whose legal name is Tekçe Overseas Gayrimenkul Anonim Şirketi.

3.2. Explicit Consent

A limited consent that is given for processing the Data. This consent is given on free will and presented with the aim of information.

3.3. Anonymization

The way of rendering the personal data to make it impossible to link with an identified or identifiable person even though matching them with another data.

3.4. Employees

The Istanbul Homes team.

3.5. Service Provider

The staff of the third party company whom Istanbul Homes get services from.

3.6. Individual / Customer / Visitor

The person whose personal information is held and processed by Istanbul Homes.

3.7. Personal Information / Personal Data

Information about individuals/customers/visitors that enables them to be identified. In this case, the e-mail address and telephone number.

3.8. Processing of Personal Data

The actions of collecting, amending, storing, saving, editing, or disclosing personal information fully or partially automatically.

3.9. Data Controller

The people who decide what personal information Istanbul Homes is allowed to hold and how it will be held and used.

3.10. Data Processor

The natural or legal people who process the data under the authority of the Data Controller.

3.11. KVKK Board

The Board of Protection of Personal Data. (KVKK is shortly Protection of Personal Data in Turkish)

3.12. KVKK Corporation

The Corporation for the Protection of Personal Data

3.13. Law of KVKK

Turkish Law on the Protection of Personal Data published on the number 29677 edition of the Official Gazette.

3.14. Policy

Istanbul Homes Policy of Protection and Processing of Personal Data

4. ROLES AND RESPONSIBILITIES

4.1. Data Controller

The processing of Personal Data means the actions of collecting, amending, storing, saving, editing, or disclosing personal information fully or partially automatically. These actions are carried out under the conditions of the Turkish Law on the Protection of Personal Data.

Istanbul Homes needs to collect and use certain types of information about visitors or customers in order to carry on our work. Istanbul Homes is the Data Controller under the Law and determines what the data will be used for.

4.2. Data Controller Agent

When Data Controllers Registry is created there will be a need to have a Data Controller Agent. The appointed data controlling agent should be an expert in the area of keeping the data private, process it, and take the necessary security steps.

4.3. Data Processor

Data processors are the natural or legal persons that process the Personal Data. The processor should be working under the authorization of Istanbul Homes.

4.4. Responsibilities

In case of data being processed by the natural or legal persons, Istanbul Homes Real Estate and the Data Processors are obliged to take precautions. As the Data Controllers, Istanbul Homes inspects that the process of trust between two parties; Istanbul Homes and individuals.

5. LEGAL OBLIGATIONS

Istanbul Homes have legal obligations about the safety and process of Personal Data in accordance with the KVKK Law. The obligations are;

5.1. The Obligation to Clarify

Istanbul Homes is obliged to clarify its visitors and customers during the Data Process about the following elements;

• The rights of individuals,
• The identity of the Data Controller,
• The legal reasons for keeping the Personal Data,
• The reasons for preserving the Personal Data.

5.2. The Obligation to Inform

In accordance with the 13th article of KVKK Law, Istanbul Homes is bound to inform individuals. Istanbul Homes is also obliged to fulfill the requests for information through info@tekce.com or +90 212 255 33 55.

Those specific requests should be written by those individuals manually or with any other medium that KVKK Board determines.

5.3. The Obligation to Provide Personal Data Security

As Data Controllers, Istanbul Homes is bound to provide the necessary security services in accordance with the 12th article of the KVKK Law.

5.4. The Obligation to Enlist in the Data Controllers Registry

Istanbul Homes is bound to enlist into the Data Controllers Registry in compliant with the 16th article of the KVKK Law.

6. CLASSIFYING THE PERSONAL DATA

6.1. Personal Data

Information that helps to identify individuals such as the individual’s name, surname, date, and place of birth, identity, social security number, telephone number, e-mail address, address, and visual, payment information are assumed as Personal Data.

Due to membership clauses, Istanbul Homes preserves some of these Data such as name, surname, telephone number, and e-mail address.

6.2. Private Personal Data

An individual’s race, ethnic roots, political opinion, philosophical beliefs, religion, sect or any other beliefs, rigs, membership to any foundation or establishment, health issues, sexual life, convictions, security measures, biometric and genetic data are assumed as Private Personal Data. In line with the 6th article of the Turkish KVKK Law, it is strictly forbidden to preserve such Data without the individual’s consent.

As a Data Controller, Istanbul Homes never asks for such Private Personal Data unless it is stated in legal laws.

7. THE POLICY OF PERSONAL DATA PROCESSING

7.1. The Principals for Data Processing

All of the collected data must be processed appropriately to the 4th article and in compliant with the 5th and 6th articles of the KVKK Law.

• Istanbul Homes should process the data for only rightful causes. The causes should be legal and indicated in the KVKK Law or other legal regulations.
• Istanbul Homes should process the data by abiding by the KVKK Law and other legal regulations.
• The data should be in connection with its aim and only limited to this purpose.
• Istanbul Homes should be transparent, follow the obligations to clarify and inform by abiding the code of honesty.
• Istanbul Homes should preserve the data only in the needed period (See the 9th section) and should not preserve the data if the necessary period has passed anonymously.
• Istanbul Homes should process the data on the necessary scale. The code of proportion must be obliged and only the necessary bit of the data should be processed.

7.2. The Objectives of Data Processing

Istanbul Homes does not collect and save any personal information from any customers for sending any unwanted and unsolicited information (spam). Istanbul Homes aim to process the data with some objectives like the following:

• Demographic site or application browsing data are processed for analyzing and gathering the user’s points of interest. These data are used with the aim of improving business and operational activities such as remarketing, retargeting, and communication.
• Personal and communication data such as name, surname, telephone number, and e-mail address are processed for website registry and better quality communication.
• The location data is used if the user allows it from their mobile phones while browsing. Istanbul Homes process the location data for suggesting properties and showing the nearest offices according to the location.
• Social Web information is used for granting a better and easier experience on the website. Some social websites such as Facebook, Twitter, and Google Plus can be used only for the purpose of registering the Istanbul Homes website.

The data is processed with some other aims in addition to the objectives that are previously stated;

• Istanbul Homes deals with each customer individually by answering any questions and needs that are provided by the communication data.
• Istanbul Homes sends properties and hot offers through the e-mail addresses in a newsletter format.
• Istanbul Homes can directly communicate with individuals if needed.
• Istanbul Homes does direct marketing.
• Istanbul Homes gives information about the new services.

7.3. Ensuring the Data to be Processed on Legal Grounds

Istanbul Homes takes the following technical precautions for processing personal data on legal grounds;

• Designating the necessary procedures for reporting the technical procedures and inspection periods,
• Creating a technical infrastructure for the database that will store all the Personal Data,
• Arranging an intercorporate institution for processing and storing the Personal Data in accordance with the Law,
• Inspecting the created technical infrastructure and process.

Istanbul Homes takes the following legal precautions for processing personal data on legal grounds;

• Setting precautions against any unlawful acts of processing the personal data on the contracts, legal files and policies,
• Inspecting the personal data processing of the third-party processors and partners,
• Educating and informing the Istanbul Homes employees about processing the personal data on legal grounds.

8. THE POLICY OF TRANSFERRING THE PERSONAL DATA

8.1. Transferring the Personal Data Inland

Istanbul Homes is bound to act in accordance with the KVKK Law and the regulations designated by the KVKK Board.

As the Data Controllers, Istanbul Homes is bound to go by the KVKK Law. Istanbul Homes never shares any personal data or information with third-party companies without the consent of the individual.

However, in case of requirements from the KVKK Law and other Constitutional Laws, Istanbul Homes can transfer the data to the related judicial, governmental, or legal bodies.

8.2. Transferring the Personal Data Abroad

Istanbul Homes can also transfer the data abroad for processing and preservation. The country which will receive the Personal Data must have the necessary safety precautions. The precautions must be confirmed by the KVKK Board. If the necessary precautions are not sufficient, the Data Controllers from both Turkey and the receiving country must make a written commitment and the KVKK Board must approve it.

8.3. Which Person / Organization Receives the Personal Data?

Authorized and institutions and organizations: Public statutory bodies can receive the Data as they request according to article number 8.1.

The customer program of Istanbul Homes, TEKÇE, receives the Personal Data. Istanbul Homes is allowed to preserve the personal data and keep track of the customers.

Some third-party softwares and tools such as Bing, Jivochat, Google AdWords, Instagram, Google Analytics, Twitter, Facebook, Whatsapp, Yandex Direct, and Yandex Metrica receive the Personal Data from the cookies to enable navigating between pages and websites more smoothly.

8.4. The Precautions for Transferring the Personal Data

Technical Precautions

• Istanbul Homes is bound to take the necessary technical precautions against any unauthorized access and usage of the Personal Data by any data processor person or companies. This rule applies even if these data processors are authorized by Istanbul Homes.

Executive Precautions

• Istanbul Homes created internal policies about how and in what purpose that the data should be transferred. Istanbul Homes also determines the parties to whom the data can be transferred.

9. THE POLICY OF PERSONAL DATA PRESERVATION

9.1. Preserving the Data for a Specific Amount of Time

According to the KVKK Law, every information related to known or findable individuals is personal data. All the information such as e-mail addresses, telephone numbers are saved and preserved safely by Istanbul Homes.

In this regard, Istanbul Homes is obliged to act in line with the laws while obtaining and keeping the data. The data will be kept until the aim of preservation (see 7.2) is finished. Compliant with governmental obligations, the data should be kept for an average of 2 years.

This period may differ from one law to another. For instance, according to the Tax Procedure Law, the registries and credentials must be kept for 5 years.

9.2. The Precautions for Processing the Personal Data

Technical Precautions

• Istanbul Homes Real Estate takes all necessary precautions for keeping personal data safe and secure. The needed systems and control mechanisms are created to set up technical precautions.

Executive Precautions

• Istanbul Homes also creates awareness for the subject and gives education about preserving Personal Data among its employees.
• Istanbul Homes is responsible for monitoring these precautions for preserving personal data.

10. SAFETY POLICY OF THE PERSONAL DATA

10.1. Responsibilities of Istanbul Homes about the Safety of Data

Istanbul Homes Real Estate has the duty to keep Personal Data safe in line with the 12th Article of Law on the Protection of Personal Data. Istanbul Homes is responsible for;

• informing authorized bodies in any case of infiltration,
• inspecting the precautions regularly,
• preventing Personal Data to be processed against any law,
• providing enough technical equipment for stopping any infiltration of Personal Data.

10.2. Precautions for Keeping the Personal Data Safe

Istanbul Homes is bound to take the necessary precautions in times of security risk with the aim of keeping Personal Data safe and secure. These precautions are as follows;

Technical and Executive Precautions

The technical and executive precautions of the Personal Data process, transfer, and safety are stated in the related articles. If the Personal Data is still infiltrated and reached by third parties unlawfully, Istanbul Homes is bound to take precautions for the protection of the individuals by the Law.

Precautions and Inspection for Safety of the Personal Data

Istanbul Homes prepares a report about the Data recorder’s suitability to the KVKK Law. The recorder is checked periodically and the report is presented to the authorized person or board.

Precautions in Case of Disclosure without Authorization

Istanbul Homes is obliged to hinder all disclosure activities, take the necessary precautions, and create an internal policy. In any case of the disclosure without authorization, Istanbul Homes is obliged to inform the disclosed individual and the KVKK Board.

11. THE RIGHTS OF INDIVIDUALS

11.1. Right to Access Own Personal Data

Individuals, customers, and visitors have the right to access their personal data without making any payment. Individuals can;

• request information about the operation if the Data are processed,
• learn about if their Data are processed or not,
• question the aim of processing and learn if the Data used for its purpose.

11.2. Right to Change or Delete Own Personal Data

Individuals, customers, and visitors can change or delete their personal data without making any payment. Individuals can;

• request the Data to be deleted if the purpose of keeping the Data is no longer active,
• request the Data be corrected in any case of wrong or missing information,
• object to any unfavorable result that appears with the analysis of the processed Data by automatic systems,
• request those procedures to be informed to third party processors.

11.3. Updating Own Personal Data

In any case of demand to access, change or delete your own Personal Data, you can contact us;

via Phone: +90 212 255 33 55
via e-mail: info@tekce.com
via Personal meeting or letter: Maltepe Mah. Yedikule Cirpici Yolu Sok. No:2, Avrupa Ofis 9th Block Office No:12, 34010, Cevizlibag, Zeytinburnu (Istanbul, Europe)
via Personal meeting or letter: Merdivenköy Mah. Nur Sok. Business Istanbul, A Blok No:1A/410 34732, Göztepe, Kadıköy, (Istanbul, Asia)

11.4. Application of Individuals and Evaluation

Individuals can demand to check out their processed data and usage of their rights which are stated in this policy. Istanbul Homes creates communication opportunities for this purpose. The questions and demands are all answered in a short amount of time, not more than the KVKK Law foresees.

Those individuals should consult with the representatives which will be announced by Istanbul Homes and declared by the Data Controllers Registry. Data Controller Representative will conclude those applications in a short amount of time and not more than 30 days. These requests are answered without a fee or with a payment that KVKK Board determines.

In order to start this process, individuals should send their applications to the Data Controller Representative byways of KVKK Board determines. The requests should be written as a letter unless the Board determines another way to do so. The individual should express their requests clearly and send the formal letter as a registered and reply paid letter to;

- Maltepe Mah. Yedikule Cirpici Yolu Sok. No:2, Avrupa Ofis 9th Block Office No:12, 34010, Cevizlibag, Zeytinburnu, İstanbul

- Merdivenköy Mah. Nur Sok. Business Istanbul, A Blok No:1A/410 34732, Kadıköy, İstanbul

The request is accepted or declined by Data Controller Representatives and answered in a written or electronic format. If the application is accepted, the request will be performed by Istanbul Homes. If the error belongs to Istanbul Homes, the payment would be repaid to the individuals.

If the application is declined, the answer is not sufficient enough or it is not answered in the given time, the individual can write a complaint letter within 30 days if it is answered to 60 days.

12. COOKIE POLICY

The Cookie Policy is valid for mobile/websites and application that is conducted by Istanbul Homes.

Istanbul Homes uses Cookies to enrich the experience of its visitors and present them with a better service on the website and mobile application. The visitors can always block the Cookies from their browser settings. However, blocking or limiting the Cookie transaction can affect the smooth experience the visitors would have.

Visitors are assumed to have accepted Cookies as long as they do not block or limit Cookies.

13. PUBLISHING AND PRESERVING THE POLICY

The most current version of the Privacy Policy will be taken into account for our collection, use, and disclosure of information about you and will be located here. If we make changes to the Data and Privacy Policy, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, we assume that you acknowledge the revised Privacy Policy.

14. THE PERIOD OF UPDATING THE POLICY

We may update the Privacy Policy in order to reflect changes to our information practices. If we make any changes we will publish a notice on the Istanbul Homes website, and notify you through email (sent to the e-mail address specified in your account). Changes will be effective after the last update date.

Last Updated on October 06, 2020. This Privacy Policy is effective immediately for users who visit the Istanbul Homes website on or after May 25, 2018.

15. VALIDNESS

This policy will be valid immediately after it is published until the time it is removed from the mobile or website.

16. SECURİTY

We have set out technical and organizational security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. However, no method of transmission over the Internet or via the mobile device, or method of electronic storage, is 100% secure. Istanbul Homes expressly disclaims any such obligation.

17. INTERNATIONAL DATA TRANSFER

For residents of the EEA or Switzerland, please note that the personal data information we obtain from you or about you may be transferred, processed, and stored outside of the EEA or Switzerland with the aims described in this Privacy Policy, including in the United States of America. We take the privacy of our users seriously and therefore take steps to safeguard your information. To this end, we maintain an adequate level of data protection in accordance with E.U. standards. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect the personal information they process from the EEA in accordance with European Union data protection laws. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.

* This document has been updated on July 21, 2020.