IC GAYRİMENKUL YATIRIM ORTAKLIĞI ANONİM ŞİRKETİ
WEBSITE VISITOR CLARIFICATION TEXT
INTRODUCTION
This Clarification Text for Visitors (“Clarification Text”), prepared in the capacity of data controller, has been issued by IC Gayrimenkul Yatırım Ortaklığı Anonim Şirketi (“IC GYO”), located at Maslak Mahallesi, Büyükdere Caddesi No:255 İç Kapı No:103 Sarıyer/İstanbul and operating under tax identification number 4651509871. The purpose of this Clarification Text is to ensure that the personal data of our visitors are processed in compliance with the Constitution of the Republic of Türkiye, international human rights conventions to which Türkiye is a party, and, primarily, the Personal Data Protection Law No. 6698 (“PDPL”), as well as other applicable legislation, and to enable data subjects to effectively exercise their rights. All personal data shared with IC GYO will be processed lawfully, and in a manner that is relevant and proportionate to our operational and service-related purposes.
Definitions
The concepts of personal data and data processing used in this Clarification Text are based on the definitions set out under the PDPL. The term “personal data,” as defined in the PDPL, refers to any information relating to an identified or identifiable natural person; and the term “processing of personal data” refers to any operation performed on personal data, whether wholly or partially by automatic means or by non-automatic means provided that it forms part of a data recording system, including the collection, recording, storage, retention, alteration, reorganization, disclosure, transfer, acquisition, making available, classification, or restriction of use.
Principles of Processing Personal Data
Pursuant to Article 4 of the PDPL, personal data belonging to the data subject shall be processed by IC GYO, as the data controller, in accordance with the principles of lawfulness, fairness and good faith; being accurate and, where necessary, up to date; being processed for specific, explicit, and legitimate purposes; being relevant, limited, and proportionate to the purposes for which they are processed; and being retained for the period stipulated in the relevant legislation or required for the purposes for which they are processed. IC GYO processes personal data in line with these principles and for the purposes set out below.
Processed Personal Data
IC GYO processes your Transaction Security Information (IP address and other traffic data) for the purposes set out below, based on your explicit consent or where any of the lawful grounds for processing under the applicable legislation are met.
Purposes of Processing Personal Data
IC GYO processes your personal data for the following purposes:
- Execution of information security processes,
- Conduct of audit and ethical compliance activities,
- Ensuring that activities are carried out in compliance with legislation,
- Conduct of storage and archiving activities,
- Ensuring the security of data controller operations,
- Providing information to authorized persons, institutions and organization,
- Creation and monitoring of visitor records.
Your personal data will be processed for the purposes above in accordance with the personal data processing conditions set out in Articles 5 and 6 of the PDPL. IC GYO reserves the right to amend this Clarification Text at any time should there be any change in the purposes of personal data processing.
Transfer of Your Personal Data
IC GYO, acts in full compliance with the regulations set forth regarding the transfer of personal data. Except for the statutory or exceptional cases listed below, your personal data are not transferred to any other natural or legal persons without your explicit consent. In the exceptional cases permitted under the PDPL and other legislation, the transfer of personal data to authorized administrative or judicial authorities or private entities is carried out with the utmost care and strictly in accordance with the procedures and limitations set out in the legislation.
Your personal data may be transferred;
- To authorized public institutions and organizations, as well as private persons authorized by law, for the purpose of fulfilling legal obligations;
- To the relevant judicial authorities, including attorneys, for the conduct or follow-up of judicial proceedings, provided that such transfers are carried out in accordance with the procedures and principles set out in the applicable legislation and in compliance with the personal data transfer conditions and purposes stipulated in Articles 8 and 9 of the PDPL.
Method and Legal Basis for Collecting Personal Data
Your personal data may be obtained through automatic methods via IC GYO’s website, third-party tracking cookies, and website usage measurement systems.
The legal bases for the processing of your personal data by IC GYO are as follows:
a) It is expressly provided for by law.
b) It is necessary for the protection of the life or physical integrity of the data subject or another person who is unable to express consent due to actual impossibility or whose consent is not legally valid.
c) Provided that it is directly related to the establishment or performance of a contract, the processing of personal data belonging to the parties to the contract is necessary.
ç) It is necessary for the data controller to fulfil its legal obligations.
d) The personal data have been made public by the data subject.
e) Processing of personal data is necessary for the establishment, exercise, or protection of a right.
f) Provided that it does not harm the fundamental rights and freedoms of the data subject, processing of personal data is necessary for the legitimate interests of the data controller.
Your personal data are collected by IC GYO for the purposes set out in Articles 4 and 5 of this Clarification Text.
Rights of the Data Subject
The data subject may apply to IC GYO, acting as the data controller, and request information regarding whether their personal data have been processed, and if so, obtain information about such processing; learn the purpose of the processing of their personal data and whether they are used in accordance with such purpose; be informed about third parties to whom their personal data are transferred, whether domestically or abroad; request the correction of their personal data if they have been processed incompletely or inaccurately; request the deletion or destruction of their personal data within the framework of the conditions set out under Article 7 of the PDPL; request that the transactions carried out pursuant to Articles 11(d) and 11(e) of the PDPL be notified to third parties to whom their personal data have been transferred; object to the emergence of a result against themselves through the exclusive analysis of processed data by automated systems; and request compensation for damages in the event that they suffer harm due to the unlawful processing of their personal data.
Pursuant to the Communiqué on the Principles and Procedures for the Request to the Data Controller, applications submitted by you must include your name and surname, signature if the application is in writing, e-signature or mobile signature if it is electronic, Turkish Identification Number, residential address or workplace address for notification purposes, and, if available, an email address for notification, telephone number, and information concerning the subject of the request. The data subject is responsible for clearly and understandably stating the matter requested in applications made for exercising the aforementioned rights and for attaching the relevant information and documents to the application.
Such applications may be submitted;
- In person to IC GYO at the address “Maslak Mahallesi, Büyükdere Caddesi No:255 İç Kapı No:103 Sarıyer/İstanbul”, by delivering a written and signed hard-copy application by hand,
- By sending a written request through a notary public to IC GYO’s address, “Maslak Mahallesi, Büyükdere Caddesi No:255 İç Kapı No:103 Sarıyer/İstanbul”,
- By registered electronic mail (REM), using your registered e-mail address, to icgayrimenkul@hs01.kep.tr.
If a request is to be submitted by a third party on behalf of the data subject, the individual making the request must hold a notarized power of attorney issued specifically for such purpose by the data subject. In addition, the application must include identity and address information, and documents verifying the identity of the applicant must be attached. Requests submitted by unauthorized third parties on behalf of someone else will not be taken into consideration. The data subject must clearly and understandably specify the matter requested in any application submitted for the exercise of the above-mentioned rights and must include the relevant explanations regarding the right being exercised. All information and documents relating to the application must be attached to the request.
Within this scope, any requests duly submitted to IC GYO will be finalized within no later than thirty days. If fulfilling your request requires an additional cost, IC GYO may charge the applicant a fee in accordance with the tariff determined by the Personal Data Protection Board (“Board”). If IC GYO provides its response via a recording medium such as a CD or flash drive, a fee not exceeding the cost of the recording medium may be requested. IC GYO may request the necessary information and documents from you to verify that you are the actual owner of the personal data that is the subject of the request, and may direct questions to you in order to clarify issues stated in your application.
IC GYO will notify you of its response to your request in writing or electronically. Pursuant to Article 14 of the PDPL, in cases where your application is rejected, you find IC GYO’s response insufficient, or your application is not answered within the statutory period, you may file a complaint with the Board within 30 (thirty) days from the date on which you learn of IC GYO’s response, or, if no response is provided, within 30 (thirty) days following the expiry of the response period,, and in any event within 60 (sixty) days from the date of your application.