Clarification Text Under the Law on The Protection of Personal Data (KVKK)
Best Dental Istanbul (Özel BDİ Agiz ve Dis Sagligi Polikinigi – Best Dental Istanbul Agiz ve Dis Sagligi Hizmetleri Ltd. Sti.), with this Clarification Text, the Law on Protection of Personal Data No. 6698, Regulation on the Processing of Personal Health Data and Ensuring Privacy, Regulation on Private Health Institutions where Outpatient Diagnosis and Treatment is made, No. 3359 Collecting, processing and maintaining the personal data of our valuable patients, patient relatives and employees, to whom we provide health services, in accordance with the legislation, within the scope of the Health Services Basic Law, the Decree Law No. 663 on the Organization and Duties of the Ministry of Health and its Affiliates, and the regulations of the Ministry of Health and other legislation. In this regard, some information is given in the capacity of data controller.
This clarification text has been prepared within the scope of Article 10 of the Personal Data Protection Law No. 6698 and the Communiqué on the Procedures and Principles to be Complied with in Fulfilling the Obligation of Clarification. It will be recorded, stored, updated, disclosed or transferred to third parties when permitted by the legislation, classified, anonymized when necessary, de-identified when necessary, destroyed and processed in a proportionate manner in connection with our activities and service purposes in the ways listed in KVKK.
Identity of the Data Controller: In Article 10/1-a of the KVKK titled Data Controller’s Obligation to Disclose, it has brought the obligation to provide information about the identity of the data controller. Data controller is defined as natural or legal persons who determine the purposes and means of processing personal data and are responsible for the establishment and management of the data recording system. In terms of the implementation of the KVKK and the Regulation on Personal Health Data, the practice is the “data controller”.
YOUR PERSONAL DATA THAT MAY BE PROCESSED
In accordance with the law, your personal data is recorded and stored in accordance with the establishment and performance of the service relationship as a data controller and data processor and responsibilities arising from the law.
Within the framework of Article 3/I(d) of the Law on the Protection of Personal Data, personal data refers to any information relating to an identified or identifiable natural person.
Your personal data listed below, including your sensitive personal data, especially your health data, can be processed in a limited and measured way in connection with the purposes specified in the clarification text:
Identity Data: Name, surname, date of birth, gender, marital status, T.R. ID number, copy of identity card, passport information/copy or temporary T.R. ID number, date of birth and other identification data by which we can identify you.
Communication Data: It is the personal data obtained when you contact us via telephone number (fixed or mobile phone numbers you have declared), e-mail address, social media accounts, contact records made with the hotline, and e-mail or other means.
Employee Personal Data: Personal data processed for obtaining the information that forms the basis for the personal rights of real persons within the scope of being in a working relationship with our practice. The data obtained in accordance with the law or employment contract regarding the personnel transactions such as the starting date of the employees, the wage, the number of working days per month, are the professional experience data related to the job or profession.
Transaction Security Data: IP address information, browser information, cookie information, website login and exit information, password and password information, and browsing data obtained during use.
Financial Information Data: Data such as credit card information, bank account number, IBAN number and billing information, as well as personal data processed regarding information, documents and records showing all kinds of financial results belonging to individuals. Data on private health insurance or Social Security Institution data for the purpose of financing and planning health services.
Visual Data: It is the image data recorded before, during or after the medical procedure, outside the scope of the physical space security of the personal data owners.
Health Data: Blood group information, personal health information, device and prosthesis information used, health report, periodic examination form for employment, medical history, data on previous surgeries/operations, skin analysis information, laboratory results, test results, examination data, prescription information, medications you regularly use, your genetic information, pre- and post-operative visual data (photos and/or video), including but not limited to, during or as a result of medical diagnosis, treatment and care services. health-related personal data.
Sexual Life Data: These are data related to sexual life.
Personal Data of Family Members/Relatives: Personal data of the person’s family members or relatives, such as identification information, contact information.
Employee Candidate Data: It is the personal data of the person who has applied to be a payroll employee in the practice or is considered as an employee candidate.
Communication and Complaint Management Data: Personal data obtained during the processes of receiving and evaluating any request or complaint communicated to us by giving approval and consent, on the website of our practice or through other channels.
Other Data: Data such as IP records and navigation information of visitors on the practice website.
It is a legal requirement that personal data be up-to-date at the time of processing. In case of changes in personal data, information must be provided so that the records can be updated. In addition, as per our procedures, your consent will be requested in order to check the accuracy and up-to-dateness of your personal data.
In accordance with the relevant legislation, personal data belonging to individuals under the age of 18 may be processed with the consent of the minor’s parent or guardian, where explicit consent is required.
METHOD OF COLLECTING PERSONAL DATA
You can collect your personal data in the Basic Law No. 3359 on Health Services, Regulation on Private Health Institutions with Outpatient Diagnosis and Treatment, Regulation on the Processing and Privacy of Personal Health Data, Decree Law No. 663 on the Organization and Duties of the Ministry of Health and its Affiliates, Patient Rights Regulation and We process your data within the scope of legal obligations in other health-related regulations.
Your personal data, Depending on the health service provided by Best Dental Istanbul;
By coming to the practice for the purpose of examination, diagnosis, treatment, medical practice, operation, your health reports and other health data, laboratory and imaging results, analyzes, your identity/passport and your identity and contact information,
By filling in the Patient Information and Consent Form regarding the treatment or operation applied,
Via the contact form you fill in at www.bestdentalistanbul.com, the corporate website of Best Dental Istanbul whose server is located in Turkey,
Through e-mails you send to the registered e-mail address (email@example.com) whose server belongs to Best Dental Istanbul in the country,
Through the photographic records recorded before, after and during the medical procedure applied to you,
Through your written, audio or visual messages you send using remote connection applications with service providers such as instagram, facebook, whatsapp, youtube, google, for which you accept their privacy policies and international transfer policies, and your online calls with these applications,
Cookies are used on the website of Best Dental Istanbul, https://www.bestdentalistanbul.com. cookie; These are text files that are sent to your device and take up very little space. Cookies will collect and process your browsing information in order to facilitate your usage experience and to help you, so that you can get better service during your visits to our site. Your personal data obtained through this means will not be shared with third parties. By making the necessary adjustments in your internet browser you are using, you can delete the previously installed “cookies”, as well as block the “cookies” that will be loaded in the future, or have your browser warn you during their installation.
By accepting their privacy policies and international transfer policies, you can access Through the information you transmit by allowing it to be automatically processed through the means such as “contact us” in the advertisements and promotions of Best Dental Istanbul,
Op.com, which is located in social media accounts such as instagram, facebook, youtube, where you accept their privacy policies and abroad transfer principles, are located abroad. Dr. By sending a message to the profile account of Best Dental Istanbul or commenting on his posts, your information will be collected and during the service provided, by taking all the measures stipulated by the KVKK. It will be handled by Best Dental Istanbul.
LEGAL REASON FOR COLLECTING PERSONAL DATA
Best Dental Istanbul collects personal data based on one of the following legal reasons, in accordance with Articles 5 and 6 of the Law:
The express consent of the person concerned,
clearly stipulated in the law,
The personal data has been made public by the person concerned,
Provided that it is directly related to the establishment or performance of a contract, it is necessary to process the personal data of the parties to the contract,
In the case of personal data of special nature regarding the health and sexual life of the data owner; These data are for the purpose of protection of public health, preventive medicine, medical diagnosis, treatment, operation and care services, planning and management of health services and financing,
Dr. It is mandatory for Best Dental Istanbul to fulfill his legal obligation,
Data processing is mandatory for the establishment, exercise or protection of a right,
Provided that it does not harm the fundamental rights and freedoms of the persons concerned, Data processing is mandatory by Best Dental Istanbul for his legitimate interests.
PURPOSE AND CONDITIONS OF PROCESSING PERSONAL DATA
Purposes of Processing Personal Data
Any personal data obtained by Best Dental Istanbul Clinic may be processed for the purposes listed below in accordance with general principles:
We fulfill our legal obligations and contractual responsibilities in the Health Services Basic Law No. 3359, Decree Law No. 663 on the Organization and Duties of the Ministry of Health and Affiliated Institutions, Regulation on Private Health Institutions with Outpatient Diagnosis and Treatment, Regulation on Personal Health Data and other relevant regulations. bring,
Preserving the information about your health data, which must be kept in accordance with the relevant legislation,
To be able to create a patient file, to be able to carry out your examination, protection of public health, preventive medicine, medical diagnosis, treatment, medical practice, operation and care services, to perform your controls after medical diagnosis, application, treatment and operation processes, to carry out the complications that may occur, to ensure that your operation or treatment is correct. To be able to get a consultation from another relevant specialist when necessary,
To inform you about the appointment if you make an appointment, to carry out special promotion and information activities for you and to ensure that you benefit, to announce innovations in medical treatment and applications, to inform third parties about the medical procedure applied,
Confirmation of your relationship with the institutions contracted with the practice and financial agreement regarding the health services offered to you, invoicing in return for our health services, sharing the requested information with private insurance companies within the scope of the financing of health services, planning and management of health services and financing,
Taking the necessary technical and administrative measures for the system and applications of our practice within the scope of data security,
Patient satisfaction, learning and responding to your questions or complaints about our services,
Providing information to prosecutors’ offices, courts and relevant public officials on matters of public security and legal disputes upon request and in accordance with the legislation, monitoring, preventing and reversing abuse and unauthorized transactions,
In order to ensure the execution of the human resources policies of our practice, your personal data may be processed for the purposes of performance level, occupational safety and similar purposes, as well as the obligations stipulated by the Labor Law, labor and social security legislation and other applicable legislation.
Your personal data can be kept in both digital and physical environment by transferring them to the physical archive or information systems within our practice.
Personal Data Processing Conditions
Best Dental Istanbul cannot process personal data without the explicit consent of the data owner. Personal data can only be processed without seeking the explicit consent of the data owner in the presence of one of the following conditions:
There is a clear regulation in the law regarding the processing of personal data,
The processing of personal data is mandatory for the protection of the life or bodily integrity of the data owner or someone else, and the data subject is unable to express his/her consent due to actual impossibility or the consent is not legally valid,
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,
It is mandatory to process personal data for Best Dental Istanbul to fulfill his legal obligation,
The personal data has been made public by the data owner,
It is necessary to process personal data for the establishment, exercise or protection of a right,
Provided that it does not harm the fundamental rights and freedoms of the data owner, It is mandatory to process personal data for the legitimate interests of Best Dental Istanbul.
Special categories of personal data, on the other hand, can be processed based on one of the following conditions and on a limited basis, provided that adequate measures are taken:
If there are sensitive personal data other than the health and sexual life of the person concerned, there is a clear regulation in the law regarding the processing of these data,
In the case of sensitive personal data regarding the health and sexual life of the person concerned, these data are used by persons or authorized institutions, who are under the obligation to keep confidential, for the purpose of protecting public health, performing preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and financing. can be processed by organizations.
PROCESSING METHOD OF PERSONAL DATA AND LEGAL REASON
Your personal data, As a data processor by real or legal persons authorized by Best Dental Istanbul; verbal, written and photographic recordings, as well as all technical and administrative security measures required by the legislation, and by keeping a physical and electronic record, and in cases where the relevant provisions of the KVKK are foreseen, it can also be processed with your explicit consent.
Situations in which your Express Consent Statement is Required
Pursuant to article 5/1 of the KVKK, your personal data can only be processed by obtaining your explicit consent in the following cases;
Sending sms messages, e-mails and mobile communication to you in order to promote and inform about innovations in medical services provided by Best Dental Istanbul will only be possible with your explicit consent.
Sharing it on social media user accounts and corporate websites belonging to Best Dental Istanbul such as instagram, facebook, youtube, google will only be possible with your explicit consent.
Since sharing your data through service providers whose servers are located abroad will be considered as a transfer abroad and there is an express consent requirement for transfer abroad, your express consent will be obtained in such cases.
However, in the following cases, your explicit consent will be obtained by the service provider you are a user of and Since there will be no international transfer by Best Dental Istanbul, your explicit consent will not be sought:
By accepting its own privacy policies and international transfer policies, by using service providers such as instagram, facebook, whatsapp, youtube, google, which you are a user and whose servers are located abroad, If you send a written, voice message or photo, video recording or make an audio or video call to Best Dental Istanbul or request to receive remote examination and diagnosis service in this way,
In cases where you request to be contacted via e-mail service providers such as hotmail, gmail, yahoo, whose server you are a user is located abroad, by accepting their privacy policies and international transfer policies,
Dr. In cases where you apply to Best Dental Istanbul’s advertisements and promotions published on social media service providers such as instagram, facebook, whatsapp, messenger, google whose servers are abroad,
By accepting their privacy policies and foreign transfer policies, you are a user of If you send a direct message to the profile account of Best Dental Istanbul.
In the mentioned cases; Your data, which you allow to be automatically processed and transferredabroad, by accepting the privacy policies and international transfer policies of the relevant social media service providers, is provided by the relevant social media service provider to It will be transferred to Best Dental Istanbul and will be processed and preserved by Best Dental Istanbul in accordance with his own clarification text and confidentiality principles to be transmitted to you through the application. In this direction; Best Dental Istanbul’s clarification text and privacy principles, the processing of your personal data, including your sensitive personal data, in this direction, and the contact information you provide through the relevant application, You agree to have Best Dental Istanbul contacting you.
Situations Where Your Data May Be Processed Without Explicit Consent Statement
Your personal data will be processed without your explicit consent in the following cases, pursuant to legal and legal obligations pursuant to KVKK article 5/2/a and KVKK 5/2/ç;
Fulfillment of obligations pursuant to Ministry of Health Legislation.
Preservation of data related to your health data, which must be kept in accordance with the relevant legislation.
Creating a patient file.
Issuing invoices based on your fee payments.
Ensuring your data security.
Execution of tax payments.
Fulfillment of administrative obligations before Administrative Institutions and Organizations.
Fulfillment of legal obligations before the Judicial Authorities.
Your personal data pursuant to article 5/2/c of the KVKK; It will be processed by Best Dental Istanbul without your explicit consent.
Your personal data, pursuant to article 5/2/f of the KVKK, in accordance with our legitimate interests; In order to ensure the safety of the practice, patient satisfaction and demand management, It will be processed by Best Dental Istanbul without your explicit consent.
Your personal data KVKK article 6/3
In this context, Best Dental Istanbul acts in accordance with the personal data transfer conditions stipulated in Articles 8 and 9 of the Law. Your data may be transferred to third parties based on one or more of the following personal data processing conditions and in a limited manner:
Having the explicit consent of the data owner,
There is a clear regulation in the law regarding the transfer of personal data,
The transfer of personal data is mandatory for the protection of the life or physical integrity of the data owner or someone else, and the data subject is unable to express his or her consent due to actual impossibility or the consent is not legally valid,
It is necessary to transfer the personal data of the parties to the contract, provided that it is directly related to the establishment or performance of a contract,
Personal data transfer is mandatory for Best Dental Istanbul to fulfill his legal obligation,
The personal data has been made public by the data owner,
It is necessary to transfer personal data for the establishment, exercise or protection of a right,
Provided that it does not harm the fundamental rights and freedoms of the data owner, The necessity of personal data transfer for the legitimate interests of Best Dental Istanbul.
Special categories of personal data, on the other hand, can be transferred based on one of the following conditions and on a limited basis, provided that adequate measures are taken:
Having the express consent of the person concerned,
If there are sensitive personal data other than the health and sexual life of the person concerned, there is a clear regulation in the law regarding the transfer of this data.
In the case of sensitive personal data regarding the health and sexual life of the person concerned, these data are used by persons or authorized institutions, who are under the obligation to keep confidential, for the purpose of protecting public health, performing preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and financing. transferable by organizations.
Domestic Transfer of Personal Data
Best Dental Istanbul carries out domestic data transfer activities in accordance with data processing conditions in accordance with Article 8 of the KVKK.
Transfer of Personal Data Abroad
Best Dental Istanbul carries out data transfer activities abroad in accordance with the data processing conditions in accordance with Article 9 of the KVKK. In cases where personal data is transferred without express consent in accordance with the KVKK, one of the following conditions must also exist in terms of the foreign country to which it will be transferred:
The foreign country to which the personal data is transferred has the status of countries with adequate protection by the Board,
In the absence of sufficient protection, it can be transferred abroad without the explicit consent of the data subject, provided that the data controllers in Turkey and in the relevant foreign country undertake an adequate protection in writing and obtain permission from the Board.
Recipient Groups to which Personal Data is Transferred
By ensuring that all necessary technical and administrative measures are taken to ensure the appropriate level of security for your personal data, Health Services Basic Law No. 359, Decree Law No. 663 on the Organization and Duties of the Ministry of Health and its Affiliates, About Private Healthcare Institutions where Outpatient Diagnosis and Treatment is made. Institutions or organizations permitted by the Regulation, the Regulation on Personal Health Data and other relevant legislation,
- Ministry of Health and Provincial Health Directorates, other units affiliated to the Ministry of Health, Social Security Institution and Turkish Pharmacists Association,
To the security forces and similar law enforcement officers affiliated to the Ministry of Interior, to the courts and all kinds of judicial authorities, to other official authorities authorized by law, to our lawyer in case of a possible legal dispute, to the legal representatives you have authorized,
Laboratories, private hospitals, institutions providing medical devices and health services, and private insurance companies that we cooperate for medical diagnosis and treatment, third parties we consult, including tax and financial consultants, other specialist physicians for consultation, to develop or carry out health services. It may be transferred to third parties such as the institutions and laboratories that we cooperate with, to the institutions that we receive or provide services to contractually to carry out our activities.
Best Dental Istanbul Clinic has made all warnings in cases where the transfer of personal data is mandatory and necessary, has prepared and signed consent texts, and has implemented the necessary multi-faceted audit activities.
STORAGE OF PERSONAL DATA
Best Dental Istanbul Clinic, as the data controller, protects the above-mentioned personal and private personal data within its own body, in physical and electronic environments, with great sensitivity and by complying with the provisions of the legislation, by taking all kinds of administrative and technical measures. In order to prevent the illegal processing and access of personal data, measures to ensure the appropriate level of security are carried out using various methods and security technologies.
As a requirement of the principle of limitation, your personal data is deleted, destroyed or anonymized in accordance with our data retention and destruction policy, after the time required for the purpose for which the data is processed. This time may vary from patient to patient and data to data. Some of your personal data is stored in our practice files and financial records in writing. Your contact data is stored in the internal and SIM card memory of the mobile phone of our practice. Your electronic and digital data are stored on both office computers, backup hard drives, memory cards, USB drives, and e-mail servers. Personal data emerging through social media during the pre-interview, diagnosis, treatment and follow-up processes are stored in the relevant accounts and records of the platforms where they were created. Your electronic data is protected with a minimum two-digit data protection system.
RIGHTS OF PERSONAL DATA SUBJECT
Pursuant to Article 11 of the KVKK No. 6698, the rights of the personal data owner are as follows:
To learn whether personal data is processed by applying to us in accordance with the legislation,
If personal data has been processed, requesting information about it,
Learning the purpose of processing personal data and whether they are used in accordance with the purpose,
Knowing the third parties to whom personal data is transferred at home or abroad,
Requesting correction of personal data in case of incomplete or incorrect processing,
Requesting the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7 of the KVKK, (Since there is an obligation to keep personal data within the scope of health within the scope of the legislation, the right to be deleted will be evaluated in accordance with the Regulation on Personal Health Data.)
In case of correction, deletion or destruction of personal data, requesting the notification of these processes to third parties to whom the personal data has been transferred,
Objecting to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems,
You have the right to demand the compensation of the damage in case of loss due to unlawful processing of personal data.
In addition, when we receive your consent to process your personal data for a specific purpose or to carry out informative promotional activities, you have the right to withdraw your consent at any time.
In order to exercise your above-mentioned rights, your identity information, the right you want to use and your request in detail, by filling out the “Application Form Pursuant to the Law on the Protection of Personal Data” on the website www.bestdentalistanbul.com and a wet signed copy of the form; “Ataköy 2-5-6. Kısım Mah. Rauf Orbay Cad. No.4 Yalı Ataköy C Blok A Entrance D:48-49 34158 Bakırköy / İstanbul – Turkey” by hand or send it via a notary public / registered mail with a “Personal Data Information Request Request” or registered electronic mail (KEP) You can apply to the e-mail address firstname.lastname@example.org by using the address, secure electronic signature, mobile signature or the e-mail address previously reported to the data controller and registered in the data controller’s system.
In the application to be made by the Data Owner to use the above-mentioned rights; The requested matter must be clear and understandable, the requested matter must be related to the applicant’s person or, if acting on behalf of someone else, he must be specifically authorized in this regard and this authority must be documented, the application must include identity and address information, and documents proving his identity must be attached to the application. Additional information and documents may be requested by the Employer during the application or while the application is being evaluated. Such requests will be made individually and requests made by unauthorized third parties regarding personal data will not be taken into consideration. Applications regarding personal data; Processing of personal data for purposes such as research, planning and statistics by anonymizing personal data with official statistics, processing of personal data that makes it public by the Data Owner, the application is not based on a just cause, the application contains a request contrary to the relevant legislation, the application procedure is not complied with.
In your applications, name and surname, T.C. ID number, residence or workplace address, e-mail address if any, telephone number, signature if the application is in writing, and the elements of the request are mandatory in accordance with the “Communiqué on the Procedures and Principles of Application to the Data Controller”. Applications that do not contain these elements will be rejected by the practice.
Your requests in your application will be concluded free of charge by Best Dental Istanbul as soon as possible and within thirty days at the latest, depending on the nature of the request. However, the operation of If Best Dental Istanbul requires a separate cost, the fee in the tariff determined by the Personal Data Protection Board will be charged. In case the application is rejected by the data owner, the answer given is insufficient or the answer is not given in a timely manner; has the right to file a complaint with the Personal Data Protection Board within 30 (thirty) days from the date of learning the answer and in any case within 60 (sixty) days from the date of application.
The right to make changes in this clarification text for reasons arising from the Law and other legislation provisions is always reserved.