6. HOW AND WHY WE COLLECT PERSONAL DATA
As a general rule, We do not collect any Personal Data, that is, information that identifies You as an individual other than that which You choose to provide to Us such as the data (including Contact Details) You provide when registering with our Site or Apps, when contacting Us with enquiries relating to Our services, when subscribing to any service offered by Us or via Our Site or Apps, such as any newsletters as may be issued by Us from time to time or even when subscribing to any offers We (and/or Our affiliates and/or corporate partners) may offer from time to time.
However, we may also collect personal data from other sources, including data companies, publicly accessible databases, joint marketing partners, social media platform and other third parties. We may also receive Personal Data about You from third parties when We need to confirm Your contact details. Should this be the case, We will take all measures as required by law to further inform You about the source of such Personal Data as well as the categories of Personal Data We collect and process. There are certain instances at law where We are specifically forbidden from disclosing to You such activity (for example, when carrying out due diligence for anti-money laundering purposes).
For information about the Personal Data that We may collect automatically via the Site or Apps, please see the Cookies section below.
Unless otherwise specified and subject to various controls, as a general rule, We only collect Personal Data (from You or elsewhere) that We:
- Need to be able to provide You with the services You request from Us;
- Are legally required to collect/use and to keep for a predetermined period of time
- Believe to be necessary for Our legitimate business interests
A detailed description of the reasons why we process specific categories of personal data as well as the corresponding legal ground(s) for doing so, please see the ‘What We Use Your Personal Data For (Purpose of Processing)’ below.
7. WHAT WE USE YOUR PERSONAL DATA FOR (PURPOSE OF PROCESSING)
The Data Protection Laws permit us to use personal data only if We have a proper reason to do so. KVKK states that we must have one or more of these reasons:
- When it is necessary to render the services You have contracted to (KVKK Art. 5/1-c)
- When it is Our legal duty (KVKK Art. 5/1-ç)
- When it is in Our legitimate interest – this refers to when We have a business or commercial reason to use Your personal data. If We rely on our legitimate interest, We will tell you what that is (KVKK Art. 5/1-ç)
- When You provide explicit consent to it (KVKK Art. 5/1)
Below is a description of what We use Your personal Data for and the corresponding legal ground(s) we rely on for doing so.
Please note that where we rely on Your explicit consent, this can be withdrawn at will.
- For the purposes of setting up an account on our system, categories of personal data we collect include contact details, documentary data, national identifiers and special category (particularly political connections) data. The legal basis for processing such data is based on contractual necessity, legitimate interest to ensure we have an accurate account and legal duty for due diligence purposes.
- For the purposes of managing our relationship with you, categories of personal data we collect are mainly contact details for purposes of contractual necessity and compliance with legal obligations.
- For the purposes of establishing and investigating any suspicious behavior in order to protect our business from any risk, fraud or other illegal activities (such as money laundering or terrorist financing) categories of personal data we collect are mainly documentary data and contact details. The legal basis to collect this data is based on our compliance with legal obligations and legitimate interest in detection and prevention of fraud or other illegal activities.
- For the purposes of subscribing to a newsletter or mailing list we mainly collect contact details based on your explicit consent.
- For the purposes of evaluating your queries and/or requests you send us to use/receive any of our services (including customer support services) we mainly collect contract details based on contractual necessity and legitimate interest to be able to attend to your queries.
- For the purposes of maintaining and updating the user accounts records on our system we will be required to collect contact details based on contractual necessity and legitimate interest to ensure we have an accurate user account record.
- For the purposes of continuing to manage our relationships with you we will be required to collect contact details based on contractual necessity and compliance with legal obligations.
- For the purposes of complying with legal and regulatory obligations including the detection and prevention of any financial crime we will be required to collect documentary data, special types of data, national identifiers and locational data based on our legal obligations.
- For the purposes of providing you with our services, especially those provided via the App including location services we will be required to collect contact details and tracking data based on our contractual necessity.
- For the purposes of developing and managing our brands, products and services we will be required to collect contact details based on legitimate interest to develop our products and services.
- For the purposes of internal data analysis, we will be required to collect contact details and tracking data based on contractual necessity.
Should We need to process Your data for a new purpose in the future, which is entirely unrelated to the above, We will inform You of such processing in advance and You may exercise Your applicable rights (as explained below) in relation to such processing.
Finally, do note that without certain Personal Data relating to You, We may not be in the position to provide some or all of the services You expect from Us or even to guarantee the full functionality of Our Site and/or App.
8. SPECIAL NOTE ON EXPLICIT CONSENT
In those limited cases, We will process Your Personal Data on the basis of Your explicit consent, which We will obtain from You in a clear and manifest manner. In such cases where You provide Us with Your explicit consent, You shall have the right to withdraw Your explicit consent at any time and this, in the same manner as You shall have provided it to Us unless an alternative option is provided by Us.
Just to clarify, explicit consent is not the only ground that permits Us to process Your Personal Data. In the above Section 7, We pointed out the various grounds that We rely on when processing Your Personal Data for specific purposes.
9. ACCURACY OF PERSONAL DATA
All reasonable efforts are made to keep any Personal Data We may hold about You up-to-date and as accurate as possible. You can check the information that We hold about You at any time by contacting Us in the manner explained below. If You find any inaccuracies, We will correct them and where required, delete them as necessary. Please see below for a detailed list of Your legal rights in terms of any applicable Data Protection Laws.
10. DIRECT MARKETING
We only send mail messages, emails and other communications relating to marketing where We have Your consent to do so (especially where We use electronic communications). If, at any time, You no longer wish to receive direct marketing communications from Us please let Us know by contacting Us at the details below or update Your preference on any of Our Site(s) or Apps.
In the case of direct marketing sent by electronic communications (where We are legally authorized to do so) You shall be given an easy way of opting out (or unsubscribing) from any such communications.
Please note that even if You withdraw any consent You may have given Us or if You object to receiving such direct marketing material from Us (in those cases where We do not need Your consent), from time to time We may still need to send You certain important communications from which You cannot opt out.
11. TRANSFERS TO THIRD COUNTRIES
As a general principle, the Personal Data We process about You (collected via any of our Sites or Apps or otherwise) will be stored and processed within the European Union (EU)/European Economic Area (EEA) or any other non-EEA country deemed by the European Commission to offer an adequate level of protection.
In some cases, it may be necessary for Us to transfer Your Personal Data to a non-EEA country not considered by the European Commission to offer an adequate level of protection. In such cases, apart from all appropriate safeguards that We implement, in any case, to protect Your Personal Data, We have put in place additional adequate measures. For example, We will ensure that the recipient is bound by the EU Standard Contractual Clauses (the EU Model Clauses) designed to protect Your Personal Data as though it were an intra-EEA transfer. You are welcome to contact Us for more information regarding the adequate safeguards we have in place in relation to such data transfers.
12. INTERNET COMMUNICATIONS
You will be aware that data sent via the Internet may be transmitted across international borders even where sender and receiver of information are located in the same country. We cannot be held responsible for anything done or omitted to be done by You or any third party in connection with any Personal Data prior to Our receiving it including but not limited to any transfers of Personal Data from You to Us via a country having a lower level of data protection than that in place in the European Union, and this, by any technological means whatsoever.
Moreover, We shall accept no responsibility or liability whatsoever for the security of Your data while in transit through the internet unless Our responsibility results explicitly from a law having effect in Malta.
13. AUTHORISED DISCLOSURES
(a) For the purpose of preventing, detecting or suppressing fraud (for example, if You provide false or deceptive information about Yourself or attempt to pose as someone else, We may disclose any information We may have about You in Our possession so as to assist any type of investigation into Your actions);
(b) In the event of Mediarex or any of its subsidiaries being involved in a merger, sale, restructure, acquisition, joint venture, assignment or transfer (of business, shares, assets or otherwise);
(c) To protect and defend Our rights (including the right to property), safety, or to those of Our affiliates, of Users of Our Site or even You own;
(d) To protect against abuse, misuse or unauthorize use of Our Site or App;
(e) For any purpose that may be necessary for the performance of any agreement You may have entered into with Us (including the request for provision of services by third parties) or in order to take steps at Your request prior to entering into a contract;
(f) To comply with any legal obligations such as may arise by way of response to any Court subpoena or order or similar official request for Personal Data; or
(g) As may otherwise be specifically allowed or required by or under any applicable law (for example, under anti-money laundering legislation).
14. SHARING OF PERSONAL DATA WITH OTHER CATEGORIES OF RECIPIENTS
Any such authorized disclosures will be done in accordance with the Data Protection Laws (for example all Our processors are contractually bound by the requirements in the said Data Protection Laws, including a strict obligation to keep any information they receive confidential and to ensure that their employees/personnel are also bound by similar obligations). The said service providers are also bound by a number of other obligations
Your Personal Data will also be shared with our business partners, particularly the sports teams whose branded goods and services You have specifically opted to use, buy or interact through our Site and/or App. However, your Personal Data will never be processed by such third parties for their marketing purposes (unless You give Your opt-in consent thereto).
- Cloud Service Provider for the hosting of data under state-of-the-art security protocols and our exclusive control.
- IT Service Providers for the maintenance and support of our IT systems/Site(s) with restricted access and under strict controls.
- Customer Support Software Providers for the provision of a customer support software in order to provide our users with a high-level customer support with restricted access and our strict controls.
- Marketing and Customer Retention Management Tools for the provision of marketing email communications sendouts under our strict control and management.
- Public Authorities for compliance with legal obligations and only after verifications are made into necessity of disclosure.
- Our independent financial and legal advisors for the provision of legal and financial support to Mediarex and affiliated entities
- Business partners with whom we have a co-operation or partnership agreement to facilitate and improve the services and goods referred to you, including the tailoring of such services and goods, if deemed appropriate.
- Advertising partners and social media platforms for marketing purposes to send adverts to You because You may be interested in Our services or to send Our adverts to people who have a similar profile to You, utilizing for example Facebook’s ‘Custom Audience’ or ‘Google Ads’ tools.
15. SECURITY MEASURES
The Personal Data which We may hold (and/or transfer to any affiliates/partners/subcontractors as the case may be) will be held securely in accordance with Our internal security policy and the applicable law.
We use reasonable efforts to safeguard the confidentiality of any and/or all Personal Data that We may process relating to You and regularly review and enhance Our technical, physical and managerial procedures so as to ensure that Your Personal Data is protected from:
- Unauthorized access
- Improper use or disclosure
- Unauthorized modification
- Unlawful destruction or accidental loss
We have implemented security policies, rules and technical and organizational measures to protect the Personal Data that We may have under Our control. All our members, staff and data processors (including specific subcontractors and cloud service providers established within the European Union), who may have access to and are associated with the processing of Personal Data, are further obliged (under contract) to respect the confidentiality of Our Users’ or clients’ Personal Data as well as other obligations as imposed by the Data Protection Laws.
As stated above, the said service providers are also bound by a number of other obligations in line with the Data Protection Laws
16. RETENTION PERIODS
We will retain Your Personal Data only for as long as is necessary (taking into consideration the purpose for which it was originally obtained). The criteria We use to determine what is ‘necessary’ depends on the particular Personal Data in question and the specific relationship We have with You (including its duration).
Our standard practice is to determine whether there is/are any specific EU and/or Maltese and/or applicable law(s) (for example tax or corporate laws) permitting or even obliging Us to keep certain Personal Data for a certain period of time (in which case We will keep the Personal Data for the maximum period indicated by any such law).
We would also have to determine whether there are any laws and/or contractual provisions that may be invoked against Us by You and/or third parties and if so, what the prescriptive periods for such actions are (this is usually ten (10) years). In the latter case, We will keep any relevant Personal Data that We may need to defend Ourselves against any claim(s), challenge(s) or other such action(s) by You and/or third parties for such time as is necessary.
We will retain your Personal Data on Our systems for the longest of the following periods:
- As long as You are a customer or user of Our services
- Any retention period that is required by applicable law
- The end of the period in which litigation or investigations might arise in respect of Our products or services
Where Your Personal Data is no longer required by Us, We will either securely delete or anonymize the Personal Data in question.
17. PROCESSING FOR RESEARCH AND STATISTICAL REASONS
Research and statistics using User or client information is only carried out so that We may understand Our Users’ and/or clients’ needs and to develop and improve Our services/activities. In any case, We will always ensure to obtain any explicit consent We may legally require from You beforehand. As in all other cases, We will also ensure to implement all appropriate safeguards as may be necessary.
18. LINKS TO THIRD-PARTY SOURCES
Links that We may provide to third-party websites are clearly marked and We are not in any way whatsoever responsible for (nor can We be deemed to endorse in any way) the content of such websites (including any applicable privacy policies or data processing operations of any kind). We suggest that You should the privacy policies of any such third-party websites.
For more detailed information including what cookies are and how and why We process such data in this manner (including the difference between ‘essential’ and ‘non-essential’ cookies) please read Our detailed Cookies Policy.
Our Site, App and services are not intended to be used by any person under the age of eighteen (18) and therefore We will never intentionally collect any Personal Data from such persons. If You are under the age of consent, please consult and get Your parent’s or legal guardian’s permission to use the site, App and any of Our other services.
We shall consider that any Personal Data of any persons under the age of eighteen (18) received by Us, shall be sent with the proper authority from the holder of parental responsibility over the child and that the sender can demonstrate such authority at any time, upon Our request.
21. YOUR RIGHTS UNDER THE DATA PROTECTION LAWS
Before addressing any request You make with Us, We may first need to verify Your identity.
As explained in the Retention Periods section above, We may need to keep certain Personal Data for compliance with Our legal retention obligations but also to complete transactions that You requested prior to the change or deletion that You requested.
According to the Article 11 of the KVKK, under certain circumstances, You have the right to:
- Be informed in a clear, transparent and easily understandable way about how We use Your Personal Data and about your rights.
- Request access to your personal information about whether your personal data is processed or not. (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data and to learn/check that We are lawfully processing it, if we hold information about You. Also, you have the right to know the third parties to whom personal data is transferred locally or abroad,
- Request rectification of the Personal Data that we hold about you. This enables You to have any incomplete or inaccurate information We hold about You corrected. Also, you have the right to request third parties to whom the personal data have been transferred, to be informed about this request.
- Request erasure of Your Personal Data. This enables You to ask Us to delete or destroy personal information where there is no good reason for Us continuing to process it (for instance, we may need to continue using your Personal Data to comply with Our regulatory and legal obligations). Also, you have the right to request the third parties to whom the personal data was transferred, to be informed about the process.
- Object to the processing of Your Personal Data where We are relying on a legitimate interest (or those of a third party) and there is something that makes You want to object to Us using Your Personal Data and we do not have a legitimate basis for doing so, which overrides Your rights, interests and freedoms (for instance, We may need it to defend a legal case). Also, you have the right to object to the results about you based on processing of your personal data. exclusively by automatic means. You also have the right to object when We are processing your personal information for direct marketing purposes.
- Request the restriction of processing of Your Personal Data. This enables You to ask us to suspend the processing of Personal Data about You, for example if You want Us to establish its accuracy or the reason for processing it.
- Request the transfer of Your Personal Data to another party where you provided it to Us and We are using it based on your explicit consent, or to carry out a contract with You, and we process it using automated means.
- Compensation – you have the right to request compensation for the damage arising from the unlawful processing of his personal data.
- Withdraw explicit consent. In the limited circumstances where We are relying on Your explicit consent (as opposed to the other legal grounds set out above) to the collection, processing and transfer of your Personal Data for a specific purpose, You have the right to withdraw Your explicit consent for that specific processing at any time. Once we have received notification that You have withdrawn Your explicit consent, We will no longer process Your Personal Data for the purpose or purposes You originally agreed to, unless We have a legitimate interest in doing so or We are bound by regulatory requirements to continue doing so for a defined period of time.
- Lodge a complaint. If You think that We are using Your information in a way which breaches Data Protection Laws, You have the right to lodge a complaint with the appropriate Data Protection Supervisory Authority. We kindly ask that You please attempt to resolve any issues You may have with Us first.
Please contact our Data Controller Representative in Turkey as indicated in COMPANY DETAILS if you wish to exercise any of your rights, or if you have any enquiries or complaints regarding the processing of your Personal Information.
WHAT WE MAY REQUIRE FROM YOU
We may need to request specific information from You to help us understand the nature of Your complaint or request, to confirm Your identity and ensure Your right to access the information (or to exercise any of Your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.H QUICKLY WILL WE RESPOND TO YOUR REQUEST?
In all cases, We will try to act on your requests as soon as reasonably possible, within a maximum of thirty (30) days of receipt of the request, taking into account the complexity and number of the requests.
22. SOCIOS SERVICES LIMITED – COMPANY DETAILS
Socios Services Limited, a company registered in Malta with company registration number C91496 and whose registered office address is at 14 East, Level 7, Triq Tas-Sliema, Gzira, GZR 1639, Malta is the data controller responsible for processing Your Personal Data that takes place via the Site, our App or in the manner explained above.
If you have any questions/comments about privacy or should You wish to exercise any of Your individual rights, please contact Us by sending an email to the following address: firstname.lastname@example.org. with the subject “KVKK BAŞVURUSU” or by writing to:
Our Data Controller Representative in Turkey is Özdağıstanli Ekici Avukatlık Ortaklığı located at Varyap Meridian Grand Tower A Blok Al Zambak Sok No:2 K:32 D.270 Atasehir Istanbul Turkey. Özdağıstanli Ekici Attorney Partnership’s authority is only limited with the authorities provided under the Regulation on Data Controllers Registry.