TERMS OF USE AND
AND POLICY ON PRIVACY/PROTECTION OF PERSONAL DATA
Dear User: Welcome to the corporate website of Doğuş Otomotiv on http://www.dogusotomotiv.com.tr.
The following "Terms of Use and Policy on Privacy/Protection of Personal Data" stipulates the provisions of the use of information and the services provided by Doğuş Otomotiv to you, our esteemed user.
Following definitions are important when using the corporate website of Doğuş Otomotiv on http://www.dogusotomotiv.com.tr.
Accordingly;
User/Users: Natural persons who register with the website by providing with express consent the information required on the contract forms on the website, or those who visit the website without providing personal data,
Personal Data: All information about the person whose identity is known or can be known,
Processing of Personal Data: All transaction performed on the data such as obtaining it via a fully or partially automatic method, or via a non-automatic method, provided that it is a part of a data registry system; or saving, storing, retaining, changing, editing, disclosing or transferring it; making it accessible; classifying it; or preventing its use,
Website: The website on http://www.dogusotomotiv.com.tr,
IPL: The Intellectual Property Law No. 5846,
Law No. 5651: The Law on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications,
Law No. 6698: The Law on Protection of Personal Data.
TERMS OF USE, ACCESS, LIMITATION OF RISK AND LIABILITY, IP ADDRESSES, AND COOKIES
1. http://www.dogusotomotiv.com.tr website and any and all documents on the website are in the possession of Doğuş Otomotiv. These documents may not be copied or reproduced unless otherwise required to be visible online. Notwithstanding the foregoing, you may print the pages of the website for your personal use. Notwithstanding the general principle mentioned above, Doğuş Otomotiv may allow users to download wallpaper, screen-savers, and other software from the website. The user shall bear the responsibility for any potential legal claim resulting from any use that might infringe on the intellectual and industrial property rights pertaining to any documentation on the website.
2.If you need to link to the website, it must be directed to the home page at: http:// www.dogusotomotiv.com.tr. (http:// www.dogusotomotiv.com.tr)
3. Although Doğuş Otomotiv has taken every measure to keep the website protected against any kind of virus and other malicious software to the best of its ability, the user is liable to furnish his/her own anti-virus software and take necessary precautions for his/her own ultimate safety. In this context, by accessing http://www.dogusotomotiv.com.tr, the user shall assume responsibility for any errors and direct or indirect consequences thereof that may occur on his/her software and operating systems.
4. Prices, information, visuals, texts, and news (i.e. information) contained on http://www.dogusotomotiv.com.tr shall be used only for promotional and informative purposes. The user shall not claim damages for any incorrect information contained on the website or damages incurred relying on such information under any circumstances. If the user intends to carry out a transaction by relying on this information, he/she shall acknowledge that he/she is liable for obtaining the ultimate and most reliable information from Doğuş Otomotiv and Doğuş Otomotiv Authorized Dealers. Doğuş Otomotiv shall not be held accountable for any outdated information published on the website.
5 Doğuş Otomotiv reserves its right to modify the contents of the website, change or terminate any service provided to users, and delete information and data owned by users registered to http://www.dogusotomotiv.com.tr at its sole discretion at any time. Although Doğuş Otomotiv has taken every measure to make the website error-free, it is not responsible for existing or possible errors that may occur.
6. Information related to Doğuş Otomotiv authorized dealers, standard and optional features of vehicles imported by Doğuş Otomotiv, and sales prices recommended to authorized dealers on http://www.dogusotomotiv.com.tr is valid as of the most recent website update. Please contact Doğuş Otomotiv and/or Doğuş Otomotiv authorized dealers for the exact information on vehicles. Doğuş Otomotiv declares that information on the website does not imply a sales offer nor constitute an undertaking, unless otherwise provided.
7.In case public authorities file a criminal complaint or launch a formal investigation against the user and/or if it is found that the user has attempted any electronic sabotage or cyber attack that will hinder the functionality of Doğuş Otomotiv systems or alter its operations, Doğuş Otomotiv reserves the right to investigate or report the identity of the user to legal authorities.
It is the responsibility of Doğuş Otomotiv to ensure security of the Doğuş Otomotiv website and all its subsidiary sites, as well as other information systems. It is against the law to perform scans for business purposes, or in good faith, or for any other reason to identify vulnerabilities on the websites and in other information technology systems; and harm the systems, leak information, or perform similar acts by exploiting the identified vulnerabilities. In the event that such acts take place, sanctions may be imposed pursuant to the Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications. In the event that such acts take place, Doğuş Otomotiv reserves the right to take legal action by providing information on the type and time of the attack, and the data collected on the attacker within the scope of the law; and seek penalties, including monetary fine and prison sentence at the conclusion of the legal process.
8.In some cases, certain non-personal data may be collected. These types of information include, but are not limited to, your internet browser and operating system and the name of the domain of the link, ads or site through which you accessed on our website.
9. Points to Consider pursuant to the Intellectual Property Law No. 5846 and Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications
User/Users accept and declare that there may be links on the website that give access to another websites or content; that Doğuş Otomotiv is not involved in their control, accuracy or sufficiency; it does not support these websites in anyway or guarantee accuracy of the information they contain, and it is not responsible from their content in anyway; Doğuş Otomotiv or any of its group companies or employees, executives, or persons or organizations it has authorized shall not have any legal or criminal responsibility due to the use by the user/users of these websites and/or their content, or due to the consequences of their decisions based on the content, or due to the pecuniary and non-pecuniary damages, or any possible positive or negative damages or expenses resulting from not reading the terms of use of the website or from reading but not complying with them; and that Doğuş Otomotiv shall not guarantee the accuracy and/or sufficiency of the information on the website.
User/Users accept and declare that the website may contain text, information, comment, opinion, article, visual, picture, shape, graph, and other materials owned by Doğuş Otomotiv or any third party; Doğuş Otomotiv has legal rights as stipulated by the Code of Intellectual and Artistic Works related to these materials; these materials cannot be copied, modified, reproduced, published, sold, used, or interfered with without Doğuş Otomotiv’s permission.
All logos, trademarks, and corporate emblems and model letters on vehicles that are published on this website are protected under the provisions of Decree Law No. 556 on the Protection of Trademarks. Logos cannot be copied and utilized in any shape or form. User/Users accept and declare that neither Doğuş Otomotiv, its affiliated or dependent group companies, nor its employees, executives, or representatives shall be held legally or criminally responsible for the use of information resulted from the presence of the Doğuş Otomotiv’s logo or pages of its website on another website at any form, or any content loaded by the third parties or visitors to the website, or for any other content that does not lead to any liability due to usual access to the internet.
10. Doğuş Otomotiv reserves the right to modify, replace, or terminate any provision of the Terms of Use on http://www.dogusotomotiv.com.tr without notice. Modified, replaced, or terminated provisions shall take effect for all users on the date of publication.
B. POLICY ON PRIVACY / PROTECTION OF PERSONAL DATA
This “Privacy/Personal Data Protection Policy” describes the policy of DOGUS OTOMOTIV SERVIS VE TICARET A.S. (“Doguş Otomotiv”) with the capacity as data officer regarding personal data of real persons such as the customer, potential customer, supplier, visitor and users of the http://www.dogusotomotiv.com.tr website while providing the relevant services.
With the Privacy/Personal Data Protection Policy,
are described and data holders are informed and clarified in accordance with Article 10 of the Law on the Protection of Personal Data (KVKK) and the “Communiqué on the Procedures and Principles to be Complied While Fulfilling the Obligation of Clarification”.
1- Identity of Data Officer
DOGUS OTOMOTIV SERVIS VE TICARET A.S. registered in Istanbul Trade Registry with 429183 registration number and 0-3090-1147-1300010 mersis number, headquarters of which is in “Maslak Mah. Ahi Evran Cad. No: 4 Ic Kapi No:13 Sariyer/ISTANBUL”.
2- Methods and legal reasons for collecting personal data
Within the frame of its legal obligation arising from especially the Law no. 6698 on the Protection of Personal Data, and the Law no. 5651 on the Regulation of the Publications Made on the Internet Environment and Fighting with Crimes Committed Through These Publications and the relevant secondary legislation, the Law no. 6563 on the Regulation of Electronic Trade and the relevant secondary legislation, and Turkish Penal Code no. 5237 and the relevant secondary legislation, Dogus Otomotiv processes your personal data audibly, electronically and in writing through websites, mobile applications of websites, social media accounts, cookies, call centres, notifications from administrative and judicial authorities, and other communication channels in accordance with the personal data processing conditions specified in Articles 5 and 6 of the Law on Protection of Personal Data.
3- Categorization of Data Subject Groups
Doğuş Otomotiv can process personal data of other groups of people (consultants, educators) in accordance with the legal reasons set forth in this Privacy/Personal Data Protection Policy besides customers, potential customers, suppliers, visitors and online visitors.
4- Data Categories and Sample Types
ID Information: Name, surname, date of birth, gender, RoT identification number
Contact Information: mobile phone, e-mail address, address, postal code, fixed phone
Financial Information: Tax office, invoice information
Customer Transaction Information: Purchased product, product price, product purchase date, call centre call logs, commercial communication permit, campaigns/competitions utilized, product information
Risk Management Information: Ip address
Marketing Information: Cookie records, targeting information, assessments indicating habits and likes
Auditory Data: Call centre call logs
Legal Transaction Information: The start and end time of the service, the type of service utilized, the amount of data transferred, the commercial electronic message permission given by the Relevant Person, sales contract, other legal texts and contracts that enable the use of the services provided by Doguş Otomotiv
Marketing Information: SMSs and e-mail messages or calls from call centres for marketing purposes on the basis of the commercial electronic message permission granted by the relevant person
Claim/Complaint Management/Reputation Management Information: Complaints and/or claims submitted by the relevant person via the website, mobile application, social media accounts or call centres regarding the product or service s/he purchased and records regarding the transactions made during the assessment or management of these claims
ID Information: Name, surname,
Contact Information: Mobile phone, email address,
Marketing Information: Cookie records, targeting information, assessments indicating habits and likes
Auditory Data: Call centre call logs
Legal Procedure Information/Risk Management Information: IP address
Legal Procedure and Compliance Information: Start and end time of the service provided, the type of service utilized, the amount of data transferred.
ID Information: Name, surname, RoT Identity number
Visual Information: Camera Records,
Physical Location Safety Information: Visitor book records
ID Information: RoT Identity No, Name and surname
Contact Information: email address, phone, KEP address, address, mobile phone
Financial Information: Account No, Tax Office, Tax Identification Number, Tax Plate, IBAN, Invoice information
Legal Procedure and Compliance Information: Signatory circular, activity certificate,
Visual Information: Photo
5- Business processes in which personal data is used and the purpose of use,
Doguş Otomotiv processes your personal data in this Privacy/Personal Data Protection Policy for;
and providing services within this scope in accordance with the laws and good faith, provided that they are accurate and where necessary up to date, specific, for express and legal purposes, in association with the purpose for which they were processed, limited and restrained, and kept for the period prescribed in the relevant legislation or necessary for the purpose of processing.
6- Technical and administrative measures taken to ensure the security of personal data
Protection of personal data is an important issue for Dogus Otomotiv. Dogus Otomotiv takes necessary measures to protect personal data against unauthorized access or loss, misuse, disclosure, alteration or destruction of this information.
Dogus Otomotiv undertakes to keep your personal data confidential, to take all necessary technical and administrative measures and to show due diligence to ensure confidentiality and security. In the event that personal data is damaged as a result of attacks on the web site and the system, or captured by third parties although Dogus Otomotiv has taken the necessary information security measures, Dogus Otomotiv immediately notifies you and the Personal Data Protection Board.
7- To Whom and for What Purpose Can Personal Data be Transferred:
Your personal data may be transferred to the following persons/organizations for the purposes stated under the heading “Your Personal Data Processed, Purpose and Basis of Processing Personal Data”.
8- Your rights as per Article 11 of the Law no. 6698 on Protection of Personal Data;
You are entitled to apply Dogus Otomotiv and request;
a) to learn whether your personal data is processed or not,
b) to request information if processed,
c) to learn the purpose of processing personal data and whether they are used for their purpose,
d) to know the third parties your personal data is transferred within or outside the country,
d) to request correction if processed deficiently/faulty,
e) to request deletion/destruction of your personal data pursuant to Article 7 of the Law no. 6698 on the Protection of Personal Data,
f) to request that the transactions carried out in accordance with sub-paragraphs (d) and (e) above are notified to third persons it was transferred,
g to object to the occurrence of a result against you due to analysing the processed data exclusively through automated systems,
ğ) to claim the damage be compensated in the event of damage due to the processing of personal data unlawfully.
Pursuant to Article 11 of the Law no. 6698 on the Protection of Personal Data, together with the documents proving your identity;
- You can send your claims about your personal data in writing to our company address to the attention of Digital Transformation and Corporate Communication department,
- You can send your claims about your personal data as an e-mail from your KEP address to the Registered Electronic Mail (KEP) address registered in our company’s website,
- You can send your claims about your personal data with secure electronic signature or from your electronic mail address you notified to our company and registered in our system to [email protected] . Your application must be made in accordance with paragraph 2 of Article 5 with the heading “Application Procedure” of the “Communiqué on the Procedures and Principles of Application to the Data Officer”. Our company shall evaluate your application and respond within 30 (thirty) days at the latest according to the nature of your request.
9- Keeping Your Personal Data Accurate and Up-To-Date
The User/Users acknowledge and declare that the information they share on the website is correct and kept up-to-date and that they know that they are important in terms of using the rights they have on their personal data within the meaning of the Law no. 6698 on the Protection of Personal Data and in terms of all other legislation, and that they will be solely responsible for misleading.
10- Deleting, Destroying or Anonymizing Your Personal Data
Your personal data processed for the purposes set out in this “Terms of Use and Privacy/Personal Data Protection Policy and Clarification Text” shall be continued to be anonymized and used by us when the objective that requires processing according to Article 7/f.1 of the Law no. 6698 is eliminated and when the periods determined by the law according to Article 138 of the Turkish Penal Code have elapsed.
11- Amendments to Privacy/Personal Data Protection Policy
Dogus Otomotiv can make amendments to this “Terms of Use and Privacy/Personal Data Protection Policy” at any time. These changes take effect immediately after the new “Terms of Use and Privacy/Personal Data Protection Policy” is published on “www.dogusotomotiv.com.tr”. We will provide you with the necessary information to keep you informed of any amendments in this “Terms of Use and Privacy/Personal Data Protection Policy”.