1. PURPOSE
Turkish Law on the Protection of Personal Data (shortly "KVKK Law") is published in the Official Gazette of 7th April 2016. This law is to protect the rights and freedoms of individuals, the privacy of personal life, and to set obligations against any wrongful act in Turkey.
The purpose is to create a policy of data security and storage by the Law on the Protection of Personal Data. Sun and Sky Real Estate creates and controls this policy for protecting and preserving personal data.
2. SCOPE
The scope of this policy covers the visitors of sunandskyrealestate.com as well as the Sun and Sky Real Estate team. Sun and Sky Real Estate ® is a registered brand which is an overseas real estate company. sunandskyrealestate.com is owned by Sun and Sky Real Estate. The policy is in use on all activities created and executed by Sun and Sky Real Estate.
This policy is prepared in accordance with the KVKK Law and it should be agreed upon by all employees of Sun and Sky Real Estate.
Sun and Sky Real Estate wants all of its customers, visitors, and employees to learn and act according to this policy. The company gives proper information about this policy and provides the relevant materials to its employees.
3. GLOSSARY OF TERMS
3.1. Sun and Sky Real Estate
Sun and Sky Real Estate is one of the brands of the international overseas property company whose legal name is Sun and Sky Emlakçılık Şirketi.
3.2. Explicit Consent
A limited consent is given for processing the Data. It is based on free will and presented with the aim of information.
3.3. Anonymization
The way of rendering the personal data impossible to link with an identified or identifiable person even though matching them with another data.
3.4. Employees
The Sun and Sky Real Estate team.
3.5. Service Provider
The staff of the third party company whom Sun and Sky Real Estate get services from.
3.6. Individual / Customer / Visitor
The person whose personal information is held and processed by Sun and Sky Real Estate.
3.7. Personal Information / Personal Data
Information about individuals/customers/visitors that enables them to be identified. In this case, the e-mail address and telephone number.
3.8. Processing of Personal Data
The operations of collecting, amending, storing, saving, editing, or disclosing personal information fully or partially automatically.
3.9. Data Controller
The people who decide what personal information Sun and Sky Real Estate will hold and how it will be held and used.
3.10. Data Processor
The natural or legal people who process the data under the authority of the Data Controller.
3.11. KVKK Board
The Board of Protection of Personal Data. (KVKK is shortly Protection of Personal Data in Turkish)
3.12. KVKK Corporation
The Corporation for the Protection of Personal Data
3.13. Law of KVKK
Turkish Law on the Protection of Personal Data published on the number 29677 edition of the Official Gazette.
3.14. Policy
Sun and Sky Real Estate Policy of Protection and Processing of Personal Data
4. ROLES AND RESPONSIBILITIES
4.1. Data Controller
The processing of Personal Data means the operations of collecting, amending, storing, saving, editing, or disclosing personal information fully or partially automatically under the conditions of the Turkish Law on the Protection of Personal Data.
Sun and Sky Real Estate needs to collect and use certain types of information about visitors or customers in order to carry on our work. Sun and Sky Real Estate is the Data Controller under the Law and determines what the data will be used for.
4.2. Data Controller Agent
When Data Controllers Registry is established there will be a need to have a Data Controller Agent. This agent should be an expert in the area of keeping the data private, process it, and take the necessary security steps.
4.3. Data Processor
Data processors are the natural or legal people that process the Personal Data. The processor should be working under the authorization of Sun and Sky Real Estate.
4.4. Responsibilities
In case of data being processed by the natural or legal people, Sun and Sky Real Estate and the Data Processors are obliged to take precautions. As the Data Controllers, Sun and Sky Real Estate inspects that the process of trust between two parties; Sun and Sky Real Estate and individuals.
5. LEGAL OBLIGATIONS
Sun and Sky Real Estate have legal obligations about the safety and process of Personal Data in accordance with the KVKK Law. The obligations are;
5.1. The Obligation to Clarify
Sun and Sky Real Estate is obliged to clarify its visitors and customers during the Data Process about the following elements;
• The identity of the Data Controller,
• The reasons for preserving the Personal Data,
• The legal reasons for keeping the Personal Data,
• The rights of individuals.
5.2. The Obligation to Inform
In accordance with the 13th article of KVKK Law, Sun and Sky Real Estate is obliged to inform individuals. It is also needed to fulfill the requests for information through [email protected].
Those specific requests should be written by those individuals manually or with any other medium that KVKK Board determines.
5.3. The Obligation to Provide Personal Data Security
As Data Controllers, Sun and Sky Real Estate is obliged to provide the necessary security services in accordance with the 12th article of the KVKK Law.
5.4. The Obligation to Enlist in the Data Controllers Registry
Sun and Sky Real Estate is obliged to enlist into the Data Controllers Registry in accordance with the 16th article of the KVKK Law.
6. CLASSIFYING THE PERSONAL DATA
6.1. Personal Data
An individual’s name, surname, date, and place of birth, identity, social security number, telephone number, e-mail address, address, visual, payment information, and such other information are assumed as Personal Data.
Due to membership clauses, Sun and Sky Real Estate preserves some of these Data such as name, surname, telephone number, and e-mail address.
6.2. Private Personal Data
An individual’s race, ethnic roots, political opinion, philosophical beliefs, religion, sect or any other beliefs, rigs, membership to any foundation or establishment, health issues, sexual life, convictions, security measures, biometric and genetic data are assumed as Private Personal Data. It is strictly forbidden to preserve such Data without an individual’s consent according to the 6th article of the Turkish KVKK Law.
As a Data Controller, Sun and Sky Real Estate never asks for such Private Personal Data unless it is stated in legal laws.
7. THE POLICY OF PERSONAL DATA PROCESSING
7.1. The Principals for Data Processing
All of the collected data must be processed properly to the 4th article and in accordance with the 5th and 6th articles of the KVKK Law.
• Sun and Sky Real Estate should process the data by abiding by the KVKK Law and other legal regulations.
• Sun and Sky Real Estate should be transparent, follow the obligations to clarify and inform by abiding the code of honesty.
• Sun and Sky Real Estate should process the data for only rightful causes. The causes should be legal and indicated in the KVKK Law or other legal regulations.
• The data should be in connection with its aim and only limited to this purpose.
• Sun and Sky Real Estate should process the data on the necessary scale. The code of proportion must be obliged and only the necessary bit of the data should be processed.
• Sun and Sky Real Estate should preserve the data only in the needed period (See the 9th section) and should not preserve the data if the necessary period has passed anonymously.
7.2. The Objectives of Data Processing
Sun and Sky Real Estate does not collect and save any personal information from any customers for sending any unwanted and unsolicited information (spam). Sun and Sky Real Estate aims to process the data with some objectives like the following:
• Personal and communication data such as name, surname, telephone number, and e-mail address are processed for website registry and better quality communication.
• Demographic site or application browsing data are processed for analyzing and gathering the user’s points of interest. These data are used with the aim of improving business and operational activities such as remarketing, retargeting, and communication.
• Social Web information is used for granting a better and easier experience on the website. Some social websites such as Facebook, Twitter, and Google Plus can be used only for the purpose of registering the Sun and Sky Real Estate website.
• The location data is used if the user allows it from their mobile phones while browsing. Sun and Sky Real Estate process the location data for suggesting properties and showing the nearest offices according to the location.
The data is processed with some other aims in addition to the objectives that are previously stated;
• Sun and Sky Real Estate sends properties and hot offers through the e-mail addresses in a newsletter format.
• Sun and Sky Real Estate deals with each customer individually by answering any questions and needs that are provided by the communication data.
• Sun and Sky Real Estate gives information about the new services.
• Sun and Sky Real Estate does direct marketing.
• Sun and Sky Real Estate can directly communicate with individuals if needed.
7.3. Ensuring the Data to be Processed on Legal Grounds
Sun and Sky Real Estate takes the following technical precautions for processing personal data on legal grounds;
• Arranging an intercorporate institution for processing and storing the Personal Data in accordance with the Law,
• Creating a technical infrastructure for the database that will store all the Personal Data,
• Inspecting the created technical infrastructure and process,
• Designating the necessary procedures for reporting the technical procedures and inspection periods.
Sun and Sky Real Estate takes the following legal precautions for processing personal data on legal grounds;
• Educating and informing the Sun and Sky Real Estate employees about processing the personal data on legal grounds,
• Putting the precautions against any unlawful acts of processing the personal data on the contracts, legal files and policies,
• Inspecting the personal data processing of the third-party processors and partners.
8. THE POLICY OF TRANSFERRING THE PERSONAL DATA
8.1. Transferring the Personal Data Inland
Sun and Sky Real Estate is obliged to act in accordance with the KVKK Law and the regulations designated by the KVKK Board.
As the Data Controllers, Sun and Sky Real Estate is obliged to go by the KVKK Law. Sun and Sky Real Estate never shares any personal data or information with third-party companies without the consent of the individual.
However, in case of obligations from the KVKK Law and other Constitutional Laws, Sun and Sky Real Estate can transfer the data to the related judicial, governmental, or legal bodies.
8.2. Transferring the Personal Data Abroad
Sun and Sky Real Estate can also transfer the data abroad for processing and preservation. The country which will receive the Personal Data must have the necessary safety precautions. The precautions must be checked by the KVKK Board. If the necessary precautions are not enough, the Data Controllers from both Turkey and the receiving country must make a written commitment and the KVKK Board must approve it.
8.3. Which Person / Organization Receives the Personal Data?
Authorized and institutions and organizations: Public statutory bodies can receive the Data as they request according to article number 8.1.
The customer program of Sun and Sky Real Estate, receives the Personal Data, preserves it, and keeps track of the customers.
Some third-party software and tools such as Bing, Google AdWords, Google Analytics, Yandex Metrica, Yandex Direct, Whatsapp, Facebook, Twitter, Instagram, and JivoChat receive the Personal Data from the cookies to make your browsing experience easier.
8.4. The Precautions for Transferring the Personal Data
Technical Precautions
• Sun and Sky Real Estate is obliged to take the necessary technical precautions for any unauthorized access to and usage of the Personal Data by any data processor person or companies even though these data processors are authorized by Sun and Sky Real Estate.
Executive Precautions
• Sun and Sky Real Estate created inner policies about how and in what purpose that the data should be transferred. Sun and Sky Real Estate also determines the parties to whom the data should be transferred.
9. THE POLICY OF PERSONAL DATA PRESERVATION
9.1. Preserving the Data for a Specific Amount of Time
According to the KVKK Law, every information related to known or findable individuals is personal data. All the information such as e-mail addresses, telephone numbers are saved and preserved safely by Sun and Sky Real Estate.
In this regard, Sun and Sky Real Estate is obliged to act in accordance with the laws while obtaining and keeping the data. The data will be kept until the aim of preservation (see 7.2) is finished. According to the governmental obligations, the data should be kept for an average of 2 years.
This period is changed from law to law. For example, according to the Tax Procedure Law, the registries and credentials must be kept for 5 years.
9.2. The Precautions for Processing the Personal Data
Technical Precautions
• Sun and Sky Real Estate Real Estate takes precautions for keeping personal data safe and secure. The needed systems and control mechanisms are created as technical precautions.
Executive Precautions
• Sun and Sky Real Estate also creates awareness for and education about preserving Personal Data among its employees.
• Sun and Sky Real Estate is responsible for inspecting these precautions for preserving personal data.
10. SAFETY POLICY OF THE PERSONAL DATA
10.1. Responsibilities of Sun and Sky Real Estate about the Safety of Data
Sun and Sky Real Estate Real Estate has responsibilities to keep the Personal Data safe according to the 12th Article of Law on the Protection of Personal Data. Sun and Sky Real Estate is responsible for;
• preventing the Personal Data to be processed against any law,
• inspecting the precautions regularly,
• providing enough technical equipment for stopping any infiltration to Personal Data,
• informing authorized bodies in any case of infiltration.
10.2. Precautions for Keeping the Personal Data Safe
Sun and Sky Real Estate takes the necessary precautions in times of security risk with the aim of keeping the Personal Data safe and secure. These precautions are as follows;
Technical and Executive Precautions
The technical and executive precautions of the Personal Data process, transfer, and safety are stated in the related articles. If the Personal Data is still infiltrated and reached by third parties unlawfully, Sun and Sky Real Estate is obliged to take precautions for the protection of the individuals by the Law.
Precautions and Inspection for Safety of the Personal Data
Sun and Sky Real Estate prepares a report about the Data recorder’s suitability to the KVKK Law. The recorder is inspected periodically and the report is presented to the authorized person or board.
Precautions in Case of Disclosure without Authorization
Sun and Sky Real Estate is obliged to hinder all disclosure activities, take the necessary precautions, and create an inner policy. In any case of the disclosure without authorization, Sun and Sky Real Estate is obliged to inform the disclosed individual and the KVKK Board.
11. THE RIGHTS OF INDIVIDUALS
11.1. Right to Access Own Personal Data
Individuals, customers, and visitors have the right to access their personal data without making any payment. Individuals can;
• learn about if their Data are processed or not,
• request information about the operation if the Data are processed,
• question the aim of processing and learn if the Data used for its purpose.
11.2. Right to Change or Delete Own Personal Data
Individuals, customers, and visitors can change or delete their personal data without making any payment. Individuals can;
• request the Data be corrected in any case of wrong or missing information,
• request the Data to be deleted if the purpose of keeping the Data is no longer active,
• request those procedures to be informed to third party processors,
• object to any unfavorable result that appears with the analysis of the processed Data by automatic systems.
11.3. Updating Own Personal Data
In any case of demand to access, change or delete your own Personal Data, you can contact us;
via e-mail: [email protected]
via Personal meeting or letter: Ginza Corner Plaza, Gökevler Mah. 2312 sk. No:16, K:7 D:90-91, 34517 Esenyurt (Istanbul, Europe)
11.4. Application of Individuals and Evaluation
Individuals can demand to reach their processed data and usage of their rights which are stated in this policy. Sun and Sky Real Estate creates those communication opportunities. The applications are all answered in a short amount of time, not more than the KVKK Law foresees.
Those individuals should consult with the representatives which will be clarified by Sun and Sky Real Estate and declared by the Data Controllers Registry. Data Controller Representative will conclude those applications in a short amount of time and not more than 30 days, without a fee or with a payment that KVKK Board determines.
In order to start this process, individuals should send their applications to the Data Controller Representative byways of KVKK Board determines. The applications should be written as a letter until the Board determines another way to do so. The individual should express their applications clearly and send the formal letter as a registered and reply paid letter to;
Ginza Corner Plaza, Gökevler Mah. 2312 sk. No:16, K:7 D:90-91, 34517 Esenyurt (Istanbul, Europe)
The application is accepted or declined by Data Controller Representatives and answered in a written or electronic format. If the application is accepted, the request will be performed by Sun and Sky Real Estate. If the error belongs to Sun and Sky Real Estate, the payment would be repaid to the individuals.
If the application is declined, the answer is not sufficient enough or it is not answered in the given time, the individual can write a complaint letter within 30 days if it is answered to 60 days.
12. COOKIE POLICY
The Cookie Policy is valid for mobile/websites and application that is conducted by Sun and Sky Real Estate.
Sun and Sky Real Estate uses Cookies for enriching the experience of its visitors and presenting them a better web and mobile service. The visitors can always block the Cookies from their browser settings. However, blocking or limiting the Cookie transaction can affect the smooth experience the visitors would have.
Visitors are assumed as accepted Cookies as long as they do not block or limit Cookies.
13. PUBLISHING AND PRESERVING THE POLICY
The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you and will be located here. If we make material changes to the Data and Privacy Policy, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. By continuing to access or use the Service after those changes become effective, you acknowledge the revised Privacy Policy.
14. THE PERIOD OF UPDATING THE POLICY
We may update the Privacy Policy to reflect changes to our information practices. If we make any changes we will provide notice on the Sun and Sky Real Estate website, and we will notify you by email (sent to the e-mail address specified in your account). Changes will be effective after the last update date.
Last Updated on October 06, 2020. This Privacy Policy is effective immediately for users who visit the Sun and Sky Real Estate website on or after Oct 15, 2021.
15. VALIDNESS
This policy will be valid as soon as it is published until it is removed from the mobile or website.
16. SECURİTY
We have put in place technical and organizational security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. However, no method of transmission over the Internet or via the mobile device, or method of electronic storage, is 100% secure. Sun and Sky Real Estate expressly disclaims any such obligation.
17. INTERNATIONAL DATA TRANSFER
For residents of the EEA or Switzerland, please note that the personal data information we obtain from or about you may be transferred, processed, and stored outside of the EEA or Switzerland for the purposes described in this Privacy Policy, including in the United States of America. We take the privacy of our users seriously and therefore take steps to safeguard your information, including assuring an adequate level of data protection in accordance with E.U. standards. These include implementing the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect the personal information they process from the EEA in accordance with European Union data protection laws. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.
