PRIVACY & PERSONAL DATA PROTECTION
ELA Kardeşler Giyim ve Pazarlama Ltd. Şti.
Esentepe Mahallesi Kasap Sokak Altınay İş Merkezi No:10 Kat:3
“Company” and “we” and “us”, means ELA Kardeşler Giyim ve Pazarlama Ltd. Şti located at the address of Esentepe Mahallesi Kasap Sokak Altınay İş Merkezi No:10 Kat:3 Şişli-İstanbul/Türkiye.
“Data Subject”, means the natural person, whose personal data are processed,
“Product(s)”, mean the products, which are offered to sale on the Website.
- Principles of Processing of Personal Data
The Company complies with the general principles required in KVKK regarding processing of personal data.
General principles are as follows:
- a) Lawfulness and fairness
- b) Being accurate and kept up to date where necessary.
- c) Being processed for specified, explicit and legitimate purposes.
ç) Being relevant, limited and proportionate to the purposes for which they are processed.
- d) Being stored for the period laid down by relevant legislation or the period required for the purpose for which the personal data are processed.
- Legal Basis for Processing of Personal Data
The Company processes personal data only when at least one of the following conditions is met in accordance with Article 5 of KVKK.
Explicit consent of the data subject: Data subject’s explicit consent must be with respect to a specific subject matter, be an informed decision and freely given. Personal data is processed for the purposes mentioned in the explicit consent and in compliance with the scope of the consent. There is no need to obtain data subject’s explicit consent only in cases where one of the following conditions is met.
It is expressly provided for by the laws: Personal data is processed within the limits of the data categories and processing purposes provided for in the relevant law.
Impossibility to obtain an explicit consent: Personal data can be processed if it is necessary for the protection of life or physical integrity of the person himself/herself or of any other person, who is unable to explain his/her consent due to the physical disability or whose consent is not deemed legally valid.
Direct relationship with establishment or performing a contract: Personal data can be processed if processing of personal data of the parties of a contract is necessary, provided that it is directly related to and necessary for the establishment or performance of the contract.
Legal obligation of the Company: Data subject’s personal data can be processed if data processing is required for compliance with a legal obligation to which the data controller is subject.
Data subject made their personal data public: If the personal data has been made public by the data subject, such personal data may be processed within the limits of the purpose of making it public.
Necessary for establishment or protection of a right: Data processing is necessary for the establishment or protection of any right.
Legitimate interests: Processing of data is necessary for the legitimate interests of the Company, provided that the processing shall not violate the fundamental rights and freedoms of the data subject.
- Which personal data do we process?
Below table shows which personal data we process and the applicable legal basis.
|Personal Data||Legal Basis||Scope|
|Name, last name, title, identity number, tax number and address of the customer||(i) Performance of the sale agreement
(ii) Tax laws
|Data is processed to issue invoice when a customer purchases a product on the Website.|
|Name, last name, address of the customer||Performance of the sale agreement||Data is processed for delivery of the purchased item.|
|Name, last name, title, e-mail address of the customer||Performance of the sale agreement||Data is processed to ensure customer satisfaction in scope of performance of the sale agreement in case of complaints about the purchased item or its delivery or to inform the customers in case of delays of delivery or to manage return of purchased items.|
|Customer invoices||(i) Tax laws
(ii) To establish or protect a right
|Invoices are retained until the end of applicable statute of limitations (i) to prepare tax declarations and to submit to authorities in case of tax audits. (ii) to settle disputes with customers and to defend ourselves in litigation with customers.|
|Agreements with customers||To establish or protect a right||Agreements are retained until the end of applicable statute of limitations to settle disputes with customers and to defend ourselves in litigation with customers.|
|IP address||Legitimate interest||We process this information to determine the IP addresses of persons who attempt to breach our security and use the Website for unlawful purposes and to prevent them to re-enter the Website.|
|E-mail address||Explicit consent||We process this information to send you information about our campaigns, promotions, sales, monthly or weekly newsletters regarding our product and services provided that you give your explicit consent to receive electronic commercial messages.|
- Transfer of personal data to third parties
We need to transfer some of the personal data we receive to third party company or firms that we obtain services from, in compliance with the legal basis of data processing as mentioned above.
- We get hosting services for our Website. Hosting firms are processing the personal data mentioned in above paragraph III as the data processor on our behalf. We sign data processing agreement with hosting firms.
- We use the services of a third party firm for website design and maintenance. Such firm may have access to personal data while performing its services. We sign a data processing agreement with such firm in accordance with KVKK.
- We may share your personal data with law enforcement officers and other authorized bodies when we are required to do so by law or to prevent a crime.
Transfer of personal data to third countries
Following personal data may be transferred to third countries.
- Provided that the users give their consent to receive electronic commercial messages, their e-mail addresses are shared with electronic messages service provider to send them information about our campaigns, promotions and sales regarding our products and services and weekly/monthly newsletters.
- We use Google Universal Analytics service provided by Google Inc. to analyse how users use the Website. GUA processes personal of users such as IP addresses with the help of cookies and other identifiers.
Organizational and technical measures regarding protection of personal data
The Company takes the appropriate necessary measures to prevent unlawful processing of and unlawful access to personal data and to protect them in accordance with article 12 of the KVKK.
Retention Period of Personal Data
Once the reason of data processing no longer exists, personal data is either deleted, destroyed or made anonymous.
Data Subjects’ Rights
Data subjects’ rights under article 11 KVKK are as follows:
- to learn whether their personal data are processed or not,
- to demand for information if their personal data have been processed,
- to learn the purpose of the processing of their personal data and whether these personal data are used in compliance with the purpose,
- to know the third parties to whom their personal data are transferred in country or abroad,
- to request the rectification of the incomplete or inaccurate data, if any,
- to request the erasure or destruction of their personal data in accordance with KVKK,
- to request reporting of the operations carried out pursuant to sub-paragraphs (e) and (f) to third parties to whom his/her personal data have been transferred,
- to object to the occurrence of a result against the person himself/herself by analysing the data processed solely through automated systems,
- to claim compensation for the damage arising from the unlawful processing of their personal data.
Data subjects can send their requests regarding their above mentioned rights in writing by using registered electronic mail (KEP), secure electronic signature, mobile signature or e-mail which has been previously notified to the Company.
Requests shall be concluded at the latest within thirty days free of charge. If the relevant transaction necessitates a cost, a fee can be charged in accordance with the tariff determined by the Board of Personal Data Protection.
- Contact Details
Company Name: ELA Kardeşler Giyim ve Pazarlama Ltd. Şti.
Mersis No: 0330205878400001
Address: Esentepe Mahallesi Kasap Sokak Altınay İş Merkezi No:10 Kat:3 Şişli-İstanbul/Türkiye