Protection of Personal Data

CLARIFICATION NOTIFICATION AS PER THE PERSONAL DATA PROTECTION LAW NO 6698

We want to inform you about the “Personal Data Protection Law No. 6698”, which came into force to protect personal data and provides a legal basis for the protection and security of personal data, which was of great importance for our Company in the period before the law came into force.

Under the Personal Data Protection Law No. 6698 (PDPL), your personal information may be processed by Birikim Varlık Yönetimi A.Ş. under the capacity of "Data Controller" within the framework of the mandatory limits of the law as described below.

DATA CONTROLLER

As per the PDPL, Birikim Varlık Yönetim Anonim Şirketi (“Company”), in its capacity as data controller, may collect, save, store, update, rearrange your personal data within the scope described below in order to continue its services, and disclose, assign, transfer, share and classify it to third parties in cases and to the extent permitted by the legislation, and may process in other ways listed in PDPL.

METHOD AND LEGAL REASON OF PERSONAL DATA COLLECTION

Your personal data is collected verbally, in writing or electronically through customer interviews, verbal/written/ digital applications made to call center teams, digital applications made through our website, asset management transactions, our websites, social media, scanning of criminal records, SMS channels, financial institutions with which we have contractual relations, other companies from which we receive support services, and other channels to provide and improve the services we offer and to continue our commercial activities.

As part of Banking Law No. 5411, Law No. 4743 on Restructuring of Debts to the Financial Sector, Regulation on Establishment and Operating Principles of Asset Management Companies published in the Official Gazette No. 24893, Financial Leasing, Factoring and Financing Companies Law, Banking Law, MASAK, and other relevant legislation, Birikim Varlık Yönetim A.Ş. will process your personal data for the purpose of purchasing, collecting, restructuring and selling the receivables and other assets of Savings Deposit Insurance Fund, banks, financial institutions and other financial institutions, and of providing services related to financial products and fulfilling, carrying out and developing their transactions.

PERSONAL DATA COLLECTED BY OUR COMPANY AND THE PURPOSE OF PROCESSING OF PERSONAL DATA

Our company may collect personal data or special personal data in the categories of identity information, contact information, customer information, customer transaction information, physical location security information, transaction security information, employee candidate information, legal transaction and compliance information, and marketing information from parties such as our customers, potential customers, employee candidates, business partners, and suppliers. Your collected personal data can be processed within the scope of the personal data processing conditions specified in Articles 5 and 6 of Law No. 6698 in order to ensure the execution of our company's human resources policies, especially the performance of our asset management services that are subject to your disclosure of your personal data to us and the fulfillment of our legal obligations to which we are subject in relation to the services we offer; for the purposes of carrying out HR operations in accordance with the company’s HR policies and ensuring the fulfillment of legal and commercial obligations with our Company and the people in business relations with our Company; for the purposes of carrying out the administrative operations realized by our Company for communication and carrying out the necessary work to customize the products and services offered by our Company to the needs of our customers and recommend these to our customers; for the purposes of the operations carried out by our Company and the determination and implementation of our Company’s commercial and business strategies; for the purposes of purchasing operations carried out by our Company, tracking and collection transactions, operations carried out to comply with the information storage, reporting and information obligations stipulated by the legislation, BRSA, TBB Risk Center, CMB, and other authorities; and In order to provide information about the overdue receivables of banks and financial institutions by the Company, to fulfill the requirements for the management, follow-up and collection of the banks’ overdue portfolios or the overdue receivables taken over, and to carry out receivables restructuring activities, and to fulfill the requirements of the contracts you and/or we have concluded; to conduct information research and credibility assessments, planning, statistics, risk management, to ensure security, compliance with anti-money laundering legislation and domestic and international legislation; to comply with the information storage, reporting and information obligations stipulated by KKB, ICC, BRSA, CBRT, CMB, Financial Crimes Investigation Board (MASAK), the Banks Association of Türkiye (TBB), PRA, Undersecretariat of Treasury and other authorities, to provide you with better and more reliable service and to maintain this uninterruptedly.

TO WHOM AND FOR WHAT PURPOSE PROCESSED PERSONAL DATA MAY BE TRANSFERRED

Your collected personal data is transferred to our subsidiaries, contracted lawyers, and suppliers to achieve the purposes of processing personal data as mentioned above. In addition, it can be shared with individuals, institutions, and organizations to the extent required or permitted by the legislative provisions, within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of Law No. 6698.

PERSONAL DATA OWNER’S RIGHTS MENTIONED IN ARTICLE 11 OF LAW NUMBER 6698

The rights of real persons whose personal data are processed are regulated by Article 11 of the Personal Data Protection Law No. 6698 and your rights are as follows:

ARTICLE 11 - (1) Everyone has the following rights regarding themselves by applying to the data controller;

  • a) Learn whether their personal data are processed or not,
  • b) Request information if their personal data are processed,
  • c) Learn the purpose of processing the personal data and whether they are used in compliance with the respective purpose,
  • d) Know the third persons to whom their personal data are transferred at home or abroad,
  • e) Request the rectification of the incomplete or inaccurate data, if any,
  • f) To request deletion or disposal of personal data with the provisions stipulated in Article 7,
  • g) To request the reporting of procedures carried out as per the paragraphs (e) and (f) to the third parties to whom personal data are transferred,
  • h) Object to any unfavorable circumstances arising from the exclusively processed data by means of automatic systems,
  • i) Claim for damages if they suffer loss as their personal data are not processed in accordance with law.

As a relevant person as defined in the law, if you submit your requests regarding your rights in writing to our company, Büyükdere Cad. Özsezen İş Merkezi C Blok No:126 K:5 Esentepe Şişli / ISTANBUL, the Company will finalize the request free of charge as soon as possible and within thirty days at the latest, depending on the nature of the request. Besides, if the procedure requires any additional cost, the compensation in the tariff determined by Personal Data Protection Board may be collected by the Company. In this regard, personal data owners can contact us and apply through the communication channels on our website www.Birikimvarlik.com.tr, which includes information requests.

Attention!

In line with the second paragraph of Article 6 of the Regulation on Commercial Communication and Commercial Electronic Messages, titled Situations that do not require approval; “There is no obligation to obtain prior approval for messages containing notifications regarding ongoing subscription, membership or partnership status, collection, debt reminder, information update, purchase and delivery or similar situations, and in cases of the obligation to provide information to the service provider imposed by the relevant legislation. However, such notifications cannot encourage or promote any goods or services.” the messages sent by our company are not within the scope of electronic commerce and are legally based on the legal relationship arising from the loan agreement. Therefore, there is no need to receive explicit consent from the customer to send SMS to them.