CLARIFICATION TEXT

 

 

In accordance with the Law on the Protection of Personal Data (“Law”) No. 6698, published in the Official Gazette No. 29677 dated 07.04.2016, holding the title of “data controller”, Pera Yiyecek İçecek Hizmetleri Gıda Sanayi Ve Tic. A.Ş. (“Company”), in order to fulfill the obligation of clarification arising from Article 10 of the Law, submits the following matters to the information and review of its guests and those who have forwarded their request to be a guest to the Company with this Clarification Text.

 

This Clarification Text is valid for all guests and those who have forwarded their request to be a guest to the Company and all personal data given to company. 

 

1. Clarification from the Data Controller 

 

As Company, in order to evaluate the requests for being a guest in our business named “Bikini Beach”, to establish the necessary communications, to arrange all records and documents in line with the purpose of performing invoice transactions and to fulfill our legal obligations arising from the Personal Data Protection Law (“Law”) and related legislation; your personal data (name, surname, date of birth, Identity Number, address, mobile phone number, e-mail address, social media account information, transactions to be made on the card to be provided by the Company) are stored and processed as Data Controller.

 

The Company attaches importance to the privacy and protection of your personal data while providing its services and in accordance with the Law, your personal data obtained/to be obtained by the Company in the capacity of Data Controller or shared or to be shared with the Company by you will only be processed by the Company within the scope described below and in the manner stipulated in the Law.

 

2. Obtaining and Processing of Your Personal Data

 

In order to request to be a guest, your personal data can be collected verbally, in writing or electronically through the link sent to you and/or on the Company's websites, social media accounts, sales and marketing units, customer forms, channels such as digital marketing, contracts, applications, forms, offers, “site” visits through the cookies/internet in accordance with the Law. In addition, as detailed below, camera recordings are made for security purposes and these records are kept temporarily. As a Data Controller by the Company, the companies affiliated to the Company; your personal data obtained under the law and other legislation can be recorded, stored, preserved, changed in the ways stipulated in the Law, can be shared with legal entities and processed, including transferring abroad the Company for legal reasons or in line with the actual requirements of the service provided by the Company or with other persons deemed appropriate by the Company and/or the relevant third party real person in Turkey or abroad in written, verbal or electronic environment or through their websites/pages.

 

3. Purposes and Legal Reasons for Processing Your Personal Data

 

For the guests of “Bikini Beach”, your personal data referred to in this Clarification Text are stored and processed on the basis of legal grounds in accordance with Article 5/2.a of the Law, “Explicitly stipulated in the Laws” and pursuant to article 5/2.c, “It is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract” by the Company as a Data Supervisor. In this context your personal data is processed in accordance with the Tax Procedure Law No. 213 and the Turkish Commercial Code No. 6102 to which our Company is subject, based on the legal reason that it is "explicitly stipulated in the Laws" and is kept until you notified and the legal period and reasons expire in order to carry out the invoice process and accounting transactions within the framework of the consumer relationship between the parties. 

 

In the absence of any of the conditions listed in Article 5/2 of the Law, your personal data is stored and processed by our Company in the capacity of Data Controller in accordance with your express consent.

 

In addition, they are stored and processed by our Company as Data Controller, to inform the guests about the campaigns and opportunities, or to provide the price, marketing, other opportunities, offers and information regarding the service, to communicate effectively with the guests, or to control the systems where the services are provided, in order to provide and develop these systems, to prevent the illegal use of services; to provide the services to the consumer in a short time and effectively and to make the services functional in line with your explicit consent, until notified by you and the legal period and reasons expire; if approval has been given within the scope of the Law No. 6563 on the Regulation of Electronic Commerce.

 

4. Persons and/or Organizations to Which Your Personal Data Can Be Transferred

 

Persons/Organizations to whom your personal data that you share with the Company can be transferred within the scope of the Law for the purposes specified in the Law and this Clarification Text;

 

All kinds of official authorities and institutions, the Company's shareholders and direct/indirect domestic/foreign affiliates, software program-service partner individuals and organizations that the Company receives services from/cooperates with to carry out its activities, banks for collection purposes and/or authorized institutions for collection and domestic/foreign organizations and other relevant third parties to carry out activities related to these purposes.

 

5. Information About Security Cameras

 

In “Bikini Beach”, video recordings are made in areas deemed appropriate by our Company, except for the changing cabins and toilets, in order to ensure security through security cameras.

 

Aforesaid personal data is processed automatically in accordance to legal reason stated in Article 5 of the Law that "it is compulsory for the data supervisor to fulfill his legal obligation" and "data processing is mandatory for the legitimate interests of the data supervisor, provided that it does not harm the fundamental rights and freedoms of the data controller" The personal data in question may be transferred to judicial authorities or relevant law enforcement officers upon request in accordance with the relevant legislation. These data are not transferred by our Company for any other reason and/or shared with third parties. These data are kept according to the hard disk capacity of the relevant place, but not exceeding 10 (ten) days in any case. At the end of this period, the existing image is destroyed due to writing a new image, unless requested by any official authority and/or law enforcement officers, 

 

 

 

6. Circumstances in which the Company May Process Your Personal Data Without Your Express Consent Under the Law

 

Pursuant to Article 5 of the Law, the Company may process the above-mentioned personal data that it has received in accordance with the law, without your explicit consent, in the following cases:

 

  1. In cases where it is expressly provided for by law,
  2. If you, as the data owner, are unable to express your consent due to actual impossibility, or in cases where your consent is not legally valid, the processing of your personal data is necessary for the protection of life or physical integrity of yourself or someone else
  3. In case it is necessary to process the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract,
  4. If it is necessary for the Company to fulfill a legal obligation,
  5. If your personal data has been made public by you,
  6. If data processing is necessary for the establishment, exercise or protection of a right,
  7. In case data processing is necessary for the legitimate interests of the Company, provided that it does not harm your fundamental rights and freedoms.

 

7. What Are Your Rights Under the Law?

 

By applying to our Company in accordance with Article 11 of the Law you have a right to;

 

  1. Learn whether your personal data is processed,
  2. Request information if your personal data has been processed,
  3. Learn the purpose of processing your personal data and whether they are used in accordance with the purpose,
  4. Know the third parties to whom your personal data is transferred, in the country or abroad,
  5. Request correction of your personal data if it is incomplete or incorrectly processed,
  6. Request the deletion or destruction of your personal data within the framework of the conditions stipulated in Article 7 of the Law,
  7. Request notification of the transactions made pursuant to subparagraphs (d) and (e) to the third parties to whom your personal data has been transferred,
  8. Object to the emergence of a result against you by analyzing the processed data exclusively through automated systems,
  9. Request the compensation of the damage in case you suffer damage due to unlawful processing of your personal data.

 

It is possible to exercise your rights under this article and your requests for updating and changing your personal data, through a notary notification and/or by personally applying to the Company's headquarters, provided that the identity verification has been made, as of the effective date of the regulation 07.10.2016. In addition, after the other methods to be determined by the Personal Data Protection Board are announced, the Company will announce how the applications will be received through these methods. The Company will conclude your request free of charge as soon as possible and within thirty (30) days at the latest, depending on the nature of the request. However, if the requested transaction requires an additional cost, the fee in the tariff determined by the Personal Data Protection Board will be charged by the Company under Article 13 of the Law.

 

Pera Yiyecek İçecek Hizmetleri Gıda Sanayi Ve Tic. A.Ş.

 

Beyoğlu Tax Office Tax ID: 7280347020

Central Registration System No: 0728034702000014

Harbiye Mah. Kadırgalar Cad. No:6 G-Mall Şişli/İstanbul

Telephone No: 0212 970 75 75