KVKK Clarification Text on the Processing of Personal Data

1. INTRODUCTION

Miss Diamond exercises maximum sensitivity regarding the protection of personal data and takes all necessary measures to protect the rights of personal data owners secured under the Constitution of the Republic of Türkiye and the Personal Data Protection Law No. 6698 (“KVKK”). This Text has been prepared to outline the principles and rules to be applied by the Company on how to comply with the regulations regarding the processing and protection of personal data stipulated in the KVKK. This Policy may be periodically updated as required to ensure compliance with the KVKK and secondary legislation. Any updates made will be published on the Company’s website.

2. PURPOSES OF PROCESSING AND TRANSFERRING PERSONAL DATA

Personal Data is processed in accordance with the law and the purpose of the Law, limited to the purposes of correctly planning, executing, and managing the Company's human resources policies, commercial partnerships, management and communication activities, and strategies; enabling Personal Data Owners to benefit from products and services in the best possible way and recommending them by customizing them according to their requests, needs, and desires; ensuring the highest level of data security; developing the services offered on the website and fixing errors on the site; communicating with Personal Data Owners who submit their requests and complaints and managing request/complaint processes; event management; providing information to authorized institutions arising from legislation; and creating and tracking visitor records, within the framework of the personal data processing conditions specified in Articles 5 and 6 of the Law. It is acquired by, shared with, recorded by, or transferred to the electronic systems of Company partners, business partners, successors, and/or third parties/organizations designated by them, within the scope of the personal data transfer conditions specified in Articles 8 and 9 of the Law. In the event that the processing activity carried out for the aforementioned purposes does not meet any of the conditions stipulated under the Law, your explicit consent is obtained by the Company regarding the relevant processing process. Which personal data is collected, stored, and transferred by our company is available in our KVKK policy and is open to the access of data owners who wish to have detailed information.

3. METHOD AND LEGAL GROUNDS FOR COLLECTING YOUR PERSONAL DATA

We collect your personal data through automated methods such as through Stores, business partners, or suppliers, including dealers with whom we share a joint customer management and cash register system; via security cameras and devices in stores; by recording the information you verbally declare to sales consultants in stores into our systems; by recording the purchases you make via the Store/Site or websites/mobile applications selling Miss Diamond products, or the information you provide when registering on the Site into our systems and your transactions through these channels; by recording all kinds of shopping, collection, delivery, transactions, survey completion, registration, behavioral movements, and actions on the Store/Site into our systems; by recording your requests and complaints conveyed to us during mutual communications via our Communication Channels, Head Office, or Stores; and by recording your conversations with the call center. We also collect data via non-automated methods by recording records regarding your return/inspection processes onto relevant documents, as well as recording information/documents about you received from official institutions, organizations, and judicial/administrative authorities.

We collect/process your personal data based on the following legal grounds:

  • Regarding the establishment of Site membership, fulfillment of our obligations under the membership agreement, and sales and after-sales support processes: "Provided that it is directly related to the establishment or performance of a contract, it is necessary to process personal data belonging to the parties to the contract,"
  • Regarding personal data processing activities and commercial communication activities within the scope of marketing, segmentation, and analysis studies under Site membership: Your "explicit consent,"
  • Regarding the detection and prevention of suspicious transactions related to Site membership and Site use, ensuring transaction security, studies on operational processes (strategic planning, analysis, and business development studies), and our customer relationship processes: "Data processing is mandatory for the legitimate interests of the data controller,"
  • Regarding the process of recording with security cameras in stores: "Data processing is mandatory for the legitimate interests of the data controller," "Data processing and transfer are mandatory for the establishment, exercise, or protection of rights," and "Fulfillment of a legal obligation,"
  • Regarding our obligations arising from legislation: "Fulfillment of a legal obligation" and "Explicitly stipulated in laws,"
  • Regarding legal disputes, investigations, and other judicial/official processes: "Data processing and transfer are mandatory for the establishment, exercise, or protection of rights,"
  • Based on the legal grounds that the personal data has been made public by the relevant person themselves.

Whenever you wish and without providing any reason, you can stop the relevant commercial communication by performing the action (rejection) specified in the commercial electronic messages we send, and/or terminate your membership by withdrawing your explicit consent regarding the Site membership, thereby stopping the personal data processing operations based on explicit consent.

4. STORAGE PERIODS OF PERSONAL DATA BY THE COMPANY

The Company retains personal data for the duration specified in these legislations, if stipulated in the KVKK Law and relevant legislation. If a period is not provided in the relevant laws and legislation regarding the retention of personal data, the Company stores the personal data for the period required for its processing in accordance with commercial customs, and subsequently deletes, destroys, or anonymizes it. All details regarding deletion, destruction, or anonymization are available in our KVKK policy and are accessible on our website.

5. DELETION, DESTRUCTION, AND ANONYMIZATION OF PERSONAL DATA

Although processed in accordance with the KVKK and other relevant law provisions by the Company, personal data shall be deleted, destroyed, or anonymized ex officio or upon the request of the relevant person if the reasons requiring its processing cease to exist and the retention periods expire.

6. RIGHTS OF THE PERSONAL DATA OWNER PURSUANT TO THE KVKK LAW

Pursuant to Article 11 of the Personal Data Protection Law, by applying to Miss Diamond in your capacity as the Relevant Person, you have the right to:

  • Learn whether your Personal Data is processed or not,
  • Request information if your Personal Data has been processed,
  • Learn the purpose of processing your Personal Data and whether it is used in accordance with its purpose,
  • Know the third parties to whom your Personal Data is transferred at home or abroad,
  • Request correction of your Personal Data if it is processed incompletely or incorrectly and request notification of the transaction made within this scope to the third parties to whom your Personal Data has been transferred,
  • Request the deletion or destruction of your Personal Data if the reasons requiring the processing of your Personal Data disappear, to be evaluated within the principles of purpose, duration, and legitimacy, even though it has been processed in accordance with the KVKK and other relevant legislation, and request notification of the transaction made within this scope to the third parties to whom the Personal Data has been transferred,
  • Object to the occurrence of a result against the person himself/herself by analyzing the processed data exclusively through automated systems,
  • Demand the compensation of the damage in case you suffer damage due to the unlawful processing of your Personal Data.

In this context, you can submit your requests regarding your above-mentioned rights by filling out the Miss Diamond Relevant Person Application Form within the framework of the set procedures and principles, using the communication methods specified in the form. Depending on the nature of the request, Miss Diamond will conclude the request as soon as possible and within 30 (thirty) days at the latest, free of charge. However, if a fee is stipulated by the Personal Data Protection Board and an additional cost arises for Miss Diamond to conclude the requests, the fees in the tariff determined by the Personal Data Protection Board may be requested by Miss Diamond. We would like to emphasize that in cases where your Personal Data is processed based on explicit consent, if you withdraw your explicit consent, you will be removed from the membership program where processing based on explicit consent is required, and you will not be able to benefit from the advantages you enjoyed through such processing as of the relevant date. You can always follow the changes within the scope of the legislation and our practice regarding Personal Data from the relevant page of our website.

For any questions, you can reach us through our call center at +90 552 850 40 00.

Data Controller:
Miss Diamond

Address:
Mesihpaşa Mah. Sait efendi Cad. No:9 Fatih / İstanbul / Türkiye

Email:
[email protected]

Registered Electronic Mail (KEP):
[email protected]

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