OBSTETRICS AND GYNCEOLOGY DR CEVAHIR TEKCAN, MD OFFICE CLARIFICATION TEXT ON THE PROCESSING OF PERSONAL DATA

This clarification text, in accordance with the Personal Data Protection Law No. 6698 (“KVKK”) in the Turkish Legal Legislation and the European Union General Data Protection Regulation (“GDPR”), OBSTETRICS AND GYNCEOLOGY. It has been prepared in order to enlighten the data owners about the procedures and principles regarding the processing of personal data of patients/consultants who apply to DR CEVAHIR TEKCAN, MD OPERATING OFFICE (“ DR CEVAHIR TEKCAN, MD ”).

Ensuring the security of patients’/clients’ personal data is one of the primary goals of DR CEVAHIR TEKCAN, MD . For this reason, necessary security measures are taken by DR CEVAHIR TEKCAN, MD in accordance with the applicable legislation in order to process the personal data of patients/consultants securely and to prevent any unlawful access or leakage of such data.

DATA RESPONSIBLE

Within the scope of KVKK numbered 6698, your Personal Data will be processed as “Harbiye Mahallesi, Abdi İpekçi Caddesi. No:22 Kat:3 Daire: 10,  Şişli/İstanbul/Türkiye”, will be processed by DR CEVAHIR TEKCAN, MD OFFICE. CEVAHİR TEKCAN, registered in Beyoğlu Tax Office, Tax ID No. 7030092123, is considered as “DATA RESPONSIBLE” within the scope of KVKK and “DATA CONTROLLER” within the scope of GDPR.

YOUR PERSONAL DATA TO BE PROCESSED

Your personal data and sensitive personal data specified below, in accordance with the basic principles stipulated by Article 4 of the KVKK and Article 5 of the GDPR 5. and Articles 6 and GDPR 6th and 9th. DR CEVAHIR TEKCAN, MD in accordance with the Personal Data Processing Conditions and Purposes specified in the articles and within the scope of the purposes set out in this Clarification Text; in accordance with the law, in connection with the purpose of processing, limited and measured, observing the principle of fairness and transparency, in an accurate and up-to-date manner, by taking all kinds of technical and administrative measures stipulated in the legislation in order to ensure data security.

1. YOUR IDENTITY INFORMATION:Your name, surname, Turkish ID number and/or passport number and/or temporary Turkish ID number, identification information, passport information, place and date of birth, marital status, gender, occupation, signature and other identification data that can identify you.
2. YOUR CONTACT INFORMATION:Your address (residence/workplace), telephone number (home/workplace landline and/or mobile phone numbers you have provided), e-mail address, IP address, social media accounts and other communication data.
3. YOUR HEALTH INFORMATION:Your blood type, laboratory and imaging results, tests, allergies, chronic diseases, venereal diseases, infectious diseases, data on previous surgeries/operations, medications you use continuously, information on Covid-19 disease, medical treatments, prescription information, hormonal information, information on your sexual life, body analysis and measurement information, skin analysis information, habits harmful to health and other health data necessary for the treatment and applications to be applied to you.
4. PHOTO/VIDEO IMAGES and AUDIO DATA:Your image and voice recording data contained in photographs and/or videos recorded before, during and/or after the medical procedure.
5. YOUR FINANCIAL DATA:Your bank account number, IBAN number, credit card information, billing and invoicing information and other financial data.
6. TRANSFER and ACCOMMODATION INFORMATION:If you are a Health Tourist coming within the scope of International Health Tourism, your transfer information, flight ticket round trip information, hotel accommodation information.

THE PURPOSE FOR WHICH YOUR PERSONAL DATA IS PROCESSED

Your Personal Data; To be able to create a patient file, to carry out your examination, preventive medicine, medical diagnosis, treatment, medical applications and care services, to carry out your controls after medical diagnosis and treatment processes, to manage complication processes that may occur, to communicate with you one-on-one, to manage appointment processes, to manage patient satisfaction and demand management, to fulfill legal and contractual obligations, to keep the information regarding your health data that must be kept in accordance with the relevant legislation within the specified periods, To be able to receive consultation services from other relevant specialist physicians when necessary in order to ensure that your treatment is carried out correctly, to fulfill legal obligations in accordance with the legislation within the scope of International Health Tourism, to plan the transfer, accommodation, interpreter services of Health Tourist patients/consultants coming within the framework of Health Tourism, to announce innovations regarding medical treatment and practices, to provide information about medical services provided within the framework of Health Tourism Legislation 3. It is processed by DR CEVAHIR TEKCAN, MD in accordance with KVKK and GDPR for the purposes of informing individuals, planning and managing health services and financing, fulfilling the responsibilities arising from the legal relationship established between the doctor and the patient, fulfilling financial and administrative obligations, ensuring technical and commercial security and fulfilling public obligations. Your Personal Data will be processed by DR CEVAHIR TEKCAN, MD within the scope of KVKK and GDPR in the following situations and conditions:

1. Your Identity Datawill be processed in order to carry out examination, preventive medicine, medical diagnosis, treatment, medical applications and care services, to create a patient file, to realize patient satisfaction and demand management, to plan transfer, accommodation and interpreter services of incoming Health Tourist patients/consultants within the framework of Health Tourism.
2. Your Contact Informationwill be processed in order to carry out your controls after medical diagnosis and treatment processes, to manage appointment processes, and may also be processed for the purpose of introducing, informing, announcing innovations regarding medical treatment and applications and for greetings and celebrations on special occasions, provided that you give your explicit consent.
3. Health Information;It will be processed in order to carry out your medical treatments successfully, to receive consultation from another specialist physician if deemed necessary in your treatment process, to create a patient file, to keep the information regarding your health data that must be kept in accordance with the relevant legislation within the period, to fulfill the legal obligations within the scope of the Health Law and Health Tourism Legislation in force.
4. Your Photograph, Video and Voice Recording Informationwill be processed by DR CEVAHIR TEKCAN, MD in order to observe and manage the treatment process and may also be processed for the purpose of medically informing foreign persons who wish to receive health services in our country within the framework of Health Tourism Legislation about the medical procedure applied to you, provided that you give your explicit consent.
5. Your Financial Datawill be processed for the purpose of checking your fee payments, issuing invoices and refunding any excess fees.
6. Your Transfer and Accommodation Informationwill be processed in order to plan the transfer and accommodation services of Health Tourist patients/consultants coming within the framework of Health Tourism.

Your personal data mentioned above will be processed for the purposes and in accordance with the legislation stated above in order to carry out your medical treatment and to fulfill the obligations regarding your treatment. If you do not provide your relevant personal data, the legal obligations imposed on DR CEVAHIR TEKCAN, MD , who will provide services in your medical treatment, will not be duly fulfilled and your treatment and/or recovery processes will not be carried out successfully.

METHOD OF COLLECTING PERSONAL DATA

Your Personal Data and Sensitive Personal Data, depending on the health service provided by DR CEVAHIR TEKCAN, MD ;

1. By means of your health reports, laboratory and imaging results, analyzes, health reports and your statements regarding your health data and your examination findings that you have submitted to DR CEVAHIR TEKCAN, MD for examination and treatment purposes in order to make a medical evaluation regarding the treatment to be applied to you,
2. By filling out the “Patient Information and Consent Form” regarding the treatment to be applied by DR CEVAHIR TEKCAN, MD ,
3. DR CEVAHIR TEKCAN, MD ’s corporate website“www.selahattinozmen.com.tr”via the contact form you filled out,
4. DR CEVAHIR TEKCAN, MD ’s corporate e-mail address “selozmen@gmail.com” via e-mails you will send,
5. DR CEVAHIR TEKCAN, MD through photographs/video recordings recorded before, after and/or during the medical procedure applied/to be applied to you,
6. Upon your request and when necessary; In order for DR CEVAHIR TEKCAN, MD to diagnose and control you online through remote access, you can use the remote connection applications service providers (whatsapp/zoom.us/facetime/skype/messanger/google/instagram/instagram/facebook/facebook/bip /telegram/clubhouse etc.) that you send to DR CEVAHIR TEKCAN, MD through your written/audio/visual (photo and/or video recording) messages and online audio/video calls you make through these applications,
7. By means of sending a direct message and/or commenting on the posts of DR CEVAHIR TEKCAN, MD ’s profile account on social media accounts (instagram/youtube/ facebook/ twitter/linkedin/clubhouse etc.) whose server is located abroad, of which you are already a user by accepting their Privacy Policies and Overseas Transfer Principles,
8. Through your information that you transfer by accepting their Privacy Policies and Overseas Transfer Principles and allowing it to be processed automatically through panels such as “contact us” or “get information” in the promotions and information made by DR CEVAHIR TEKCAN, MD through social media accounts (instagram, youtube, facebook, twitter, linkedin, google, etc.) whose server is located abroad,
9. If you wish to join the wireless internet network (wi-fi) available in the office of DR CEVAHIR TEKCAN, MD as a guest user, through the log-recording devices (firewall) used within the scope of the technical measures taken in accordance with the legislation,

will be collected and processed in accordance with the KVKK and GDPR in order for DR CEVAHIR TEKCAN, MD to fully and duly fulfill its contractual and legal obligations throughout the examination, medical diagnosis, treatment and care services.

PURPOSE, METHOD and LEGAL REASON FOR PROCESSING YOUR PERSONAL DATA

Your Personal Data may be collected by real or legal persons authorized by DR CEVAHIR TEKCAN, MD “DATA PROCESSOR/PROCESSOR” In its capacity; verbal, written, camera and photographic recordings may be processed by taking verbal, written, camera and photographic recordings, together with the necessary technical and administrative security measures, by keeping records in physical and electronic media, provided that your explicit consent is obtained in cases stipulated by the relevant provisions of KVKK and GDPR.

SITUATIONS WHERE YOUR EXPLICIT CONSENT MUST BE OBTAINED

Pursuant to Article 6/1/a of the GDPR and Article 5/1 of the LPPD, your Personal Data may be processed only with your explicit consent in the following cases;

1. In order to promote, announce and inform you about the innovations regarding the medical services provided by DR CEVAHIR TEKCAN, MD , it will be possible to send you SMS messages and/or e-mails and establish mobile communication only with your explicit consent.
2. It will be possible to share your photographs and/or video recordings taken before, during and/or after the medical procedure in order to observe the development of the treatment on DR CEVAHIR TEKCAN, MD ’s social media accounts (instagram, youtube, facebook, twitter, linkedin, clubhouse etc.) and corporate websites only with your explicit consent.
3. Since sharing your data through service providers whose servers are located abroad will be considered as “transfer abroad” and there is an “explicit consent requirement” for transfer abroad, your explicit consent will be obtained in such cases.

However, in the following cases, since there will be no international transfer made by DR CEVAHIR TEKCAN, MD , YOUR EXPRESS CONSENT WILL NOT BE SEARCHED, YOUR EXPRESS CONSENT WILL BE DEEMED TO HAVE BEEN RECEIVED BY THE SERVICE PROVIDER YOU ARE USING;

• In case you send written/voice messages and/or photo/video recordings or make audio/video calls to DR CEVAHIR TEKCAN, MD by using service providers (whatsapp/zoom.us/facetime/skype/messanger/google/instagram /facebook/telegram/clubhouse etc.) whose servers are located abroad, of which you are already a user by accepting the Confidentiality Agreement and Overseas Transfer Principles of DR. In the event that you send a written / voice message and / or photo / video recording or make an audio / video call to CEVAHİR TEKCAN and request to receive remote examination / diagnostic service in this way; By accepting the policies of the aforementioned applications, DR CEVAHIR TEKCAN, MD through these applications by accepting the policies of the aforementioned applications, you are deemed to have accepted the processing of your Personal Data and Special Qualified Personal Data that you share with DR CEVAHIR TEKCAN, MD in accordance with this KVK Clarification Text and Privacy principles of DR CEVAHIR TEKCAN, MD , you consent to be contacted through these applications and you give explicit consent to the aforementioned applications to transfer your data abroad in accordance with the policies of these applications whose servers are located abroad.
• In cases where you request to be contacted via electronic mail service providers (Hotmail, gmail, yahoo, etc.) whose servers are located abroad, of which you are already a user by accepting its Privacy Policy and Overseas Transfer Principles; DR CEVAHIR TEKCAN, MD to process your Personal Data and Sensitive Personal Data shared in the messages in accordance with its own KVK Clarification Text and Privacy Principles, and you are deemed to have given explicit consent to the transfer of your data abroad by your electronic mail service provider in accordance with the policies of these service providers whose servers are located abroad.
• In cases where you apply for DR CEVAHIR TEKCAN, MD ’s advertisements and promotions published on social media service providers (facebook, instagram, Google, whatsapp, etc.) whose servers are located abroad; By accepting the Privacy and Overseas Transfer Principles of the relevant social media service providers, your data that you allow to be automatically processed and transferred abroad will be transferred to DR CEVAHIR TEKCAN, MD by the relevant social media service provider and will be processed and stored by DR CEVAHIR TEKCAN, MD in accordance with its own Clarification Text and Privacy Principles that you have read. In these cases; You are deemed to have accepted DR CEVAHIR TEKCAN, MD ’s Clarification Text and Privacy Principles and the processing of your Personal Data and Sensitive Personal Data in this direction, and you are deemed to have given explicit consent for DR CEVAHIR TEKCAN, MD to reach you and contact you via your contact information you have provided.
• If you send a direct message to DR CEVAHIR TEKCAN, MD ’s profile account on social media accounts (instagram, youtube, facebook, twitter, linkedin, etc.) whose server is located abroad, of which you are already a user by accepting their Privacy Policies and Overseas Transfer Principles; You are deemed to have accepted DR CEVAHIR TEKCAN, MD ’s processing of your data in accordance with its own KVK Clarification Text and Privacy Principles and to have given explicit consent to contact you through the relevant application.

SITUATIONS WHERE YOUR DATA MAY BE PROCESSED WITHOUT EXPLICIT CONSENT

Pursuant to Art. 9/2/h GDPR and Art. 6/3 KVKK;

• In order to carry out examination, medical diagnosis, treatment and care services, DR CEVAHIR TEKCAN, MD , who is under the obligation to keep confidentiality as required by the Law, will process your Health Data, which is considered as Sensitive Personal Data, without seeking your explicit consent.

Pursuant to Article 6/1/b of the GDPR and Article 5/2/c of the KVKK;

• Your Personal Data will be processed by DR CEVAHIR TEKCAN, MD without seeking your explicit consent in order to carry out your controls after medical diagnosis and treatment processes, to communicate with you one-on-one, and to manage appointment processes.

Based on our legitimate interests pursuant to Article 6/1/f GDPR and Article 5/2/f KVKK;

• In order to ensure patient satisfaction and demand management, DR CEVAHIR TEKCAN, MD will process your Personal Data without seeking your explicit consent.

Pursuant to legal obligations under Article 6/1/c of the GDPR, Article 5/2/a of the LPPD and Article 5/2/ç of the LPPD, your Personal Data will be processed without your explicit consent in the following cases;

• Creating a patient file.
• Maintaining information about your health data that must be kept in accordance with the relevant legislation.
• Checking your wage payments and issuing invoices.
• Fulfillment of tax payments.
• Fulfillment of obligations in accordance with the Ministry of Health Legislation.
• Fulfillment of obligations under the Health Tourism Legislation.
• Ensuring your data security.
• Fulfillment of legal obligations before the Judicial Authorities.
• Performing administrative obligations before Administrative Institutions and Organizations.

TRANSFER OF YOUR PERSONAL DATA AND TO WHOM AND FOR WHAT PURPOSE

KVKK No. 6698 5. and Articles 6 and GDPR 6. and 9. Your Personal Data collected in accordance with the conditions and purposes within the scope of the Personal Data Processing Conditions specified in Articles; KVKK 8. and 9 and GDPR 45. and 49. in accordance with the articles of the International Health Tourism Legislation. CEVAHİR TEKCAN in accordance with the articles of the Health Tourism Legislation, conducting and developing examination, preventive medicine, medical diagnosis, treatment and care services, obtaining consultation services from other specialist physicians when necessary, fulfilling administrative obligations regarding International Health Tourism Legislation, planning transfer, accommodation and interpreter services of incoming Health Tourist patients within the framework of Health Tourism, communicating with patients, managing control appointment processes, For the purposes of planning and managing health services and financing, fulfilling the responsibilities arising from the legal relationship established between the doctor and the patient, fulfilling financial, legal and administrative obligations, ensuring technical and commercial security and fulfilling public obligations, promoting the medical services offered to foreigners who want to come to our country as Health Tourists within the framework of Health Tourism Legislation; To the extent necessary for the realization of the purpose, by concluding Confidentiality Agreements stipulated by the legislation and by providing all necessary administrative and technical security measures. will be able to transfer it to persons and institutions. In this context, your Personal Data processed by DR CEVAHIR TEKCAN, MD ;

1. Other specialists for consultation purposes,
2. Insured Employees,
3. Suppliers,
   • Financial Advisors, Tax and Financial Consultants and Auditors
   • Legal Advisor
   • Database (Server) Providers
   • Translators
   • Web Advisor
   • Data Protection Officer
   • IT Consultant
   • Tourism Agencies

4. Public Institutions and Organizations authorized under the laws,
5. It can be transferred to the Judicial Authorities.

PERSONAL DATA PROCESSING PERIOD

Your Personal Data will be stored by DR CEVAHIR TEKCAN, MD to the extent and for as long as it is legally obliged to store it. Documentation and retention obligations arise from local norms related to trade, tax and health legislation. The table below shows the retention periods of your Personal Data.

DATA SUBJECT AGE LIMIT UNDER THE LEGISLATION

Within the scope of the LPPD, patients/consultants will be able to personally give consent to the processing of their personal data, provided that they are at least 18 years old. Consent of patients/consultants below this age limit must be given by their legal representatives.

Under the GDPR, citizens of European Union countries and patients/consultants residing in European Union countries can give their consent to the processing of their personal data in person, provided that they are at least 16 years old or at the age limit stipulated in their country. Consent of patients/consultants under this age must be given by their legal representatives.

WITHDRAWAL OF RIZAN

In case you give consent to DR CEVAHIR TEKCAN, MD regarding the processing of your Personal Data, we inform you that you can withdraw your consent at any time for the purposes stated above in accordance with GDPR 6/1/a and KVKK 5/1. Your consent will be withdrawn if you send your declaration of withdrawal of consent to our contact address specified below, again as specified below.

RIGHTS OF DATA SUBJECTS UNDER THE GDPR

As a Data Subject, your Personal Data is also protected in accordance with the GDPR. The rights of Data Subjects (citizens or residents of the European Union) where they fall under the jurisdiction of the GDPR are as follows;

• Right of Access (Art. 15 GDPR):The data subject has the right to confirm whether personal data relating to him/her is being processed by applying to DR CEVAHIR TEKCAN, MD , and if personal data is processed, to learn the details in Article 15 of the GDPR.
• Right to rectification (Art. 16 GDPR):The Data Subject has the right to have the changed personal data of DR CEVAHIR TEKCAN, MD corrected by applying at any time.
• Right to Erasure (Article 17 GDPR):The Data Subject has the right to request the deletion of his/her personal data held by DR CEVAHIR TEKCAN, MD . In case the matters specified in Article 17 of the GDPR occur, DR CEVAHIR TEKCAN, MD will delete your personal data without delay.
• Right to Restriction of Processing (Art. 18 GDPR):
  • If Data Subjects object to the timeliness of their Personal Data, they have the right to request the restriction of the use of the data as a Data Subject until the accuracy of the Personal Data is confirmed by DR CEVAHIR TEKCAN, MD .
• Right to Data Portability (Art. 20 GDPR):The Data Subject has the right to request the transfer of his/her Personal Data held by DR CEVAHIR TEKCAN, MD to another controller at any time, if technically feasible. However, this right may be exercised when data processing is based on consent or when required by the contract.
• Right to Object (Art. 21 GDPR):
• The Data Subject agrees that Article 6(1) of the GDPR (e) or (f) to object to the processing of Personal Data, including profiling, on grounds relating to his/her particular situation. DR CEVAHIR TEKCAN, MD cannot process Personal Data unless it can demonstrate a strong legitimate reason, such as the establishment, exercise or protection of a legal right that overrides the interests, rights and freedoms of the Data Subject.
• Where the Data Subject’s Personal Data is processed for direct marketing purposes, the Data Subject has the right to object at any time to the processing of his/her personal data for this purpose, including profiling to the extent that it is related to such direct marketing.
• If the Data Subject objects to the processing of Personal Data for direct marketing purposes, Personal Data will no longer be processed for such purposes.

RIGHTS OF DATA SUBJECTS PURSUANT TO KVKK

Personal Data of natural persons whose Personal Data are processed are subject to Article 11 of the LPPD. The rights he/she has pursuant to the article are as follows;

• To learn whether his/her personal data is being processed,
• Request information if their personal data has been processed,
• To learn the purpose of processing personal data and whether they are used for their intended purpose,
• To know the third parties to whom personal data are transferred domestically or abroad,
• To request correction of personal data in case of incomplete or incorrect processing and to request notification of the transaction made within this scope to third parties to whom personal data is transferred,
• Although it has been processed in accordance with the provisions of the KVKK and other relevant laws, to request the deletion or destruction of personal data in the event that the reasons requiring its processing disappear and to request notification of the transaction made within this scope to third parties to whom personal data is transferred,
• To object to the emergence of a result to the detriment of the person himself/herself by analyzing the processed data exclusively through automated systems,
• In case of damage due to unlawful processing of personal data, to demand compensation for the damage.

In case there are rights or requests that you want to use among your rights listed above; Articles regarding the rights of data subjects in the GDPR and KVKK 11. You may submit your written application in which you clearly and understandably state which of the rights specified in the article you wish to exercise, with wet signature and documents to prove your identity, to DR CEVAHIR TEKCAN, MD , “Harbiye Mahallesi. Mim Kemal Öke Caddesi. No:11 Kat:4 Şişli/İstanbul/Turkey”, send it through a notary public or send it to the e-mail address “selozmen@gmail.com” by signing it with a secure e-signature or send it by other methods specified in the KVKK. In accordance with the “Communiqué on the Procedures and Principles of Application to the Data Controller”, it is mandatory to include name-surname, signature, Turkish ID number/passport number/temporary Turkish ID number, residence or workplace address, e-mail address, telephone and fax number, and the subject of the request in your applications. DR CEVAHIR TEKCAN, MD will finalize the 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 transaction requires an additional cost, the fee in the tariff determined by the Personal Data Protection Board will be charged.

CONSENT and APPROVAL

When you read and accept this Clarification Text, you are deemed to have accepted, declared and undertaken that you have full and complete information about the data processing process carried out by DR CEVAHIR TEKCAN, MD , that you have learned your rights under the KVKK and GDPR, and that you consent to the PROCESSING of your Personal Data and Special Qualified Personal Data by DR CEVAHIR TEKCAN, MD within the scope of this Clarification Text with your free and free will.

You have the right not to accept the Clarification Text after reading it.

CEVAHİR TEKCAN reports as “DATA RESPONSIBLE” within the scope of KVKK and as “CONTROLLER” within the scope of GDPR.

Sincerely.