General Data Protection Regulation

AkayGAM LLC Website Privacy Policy

Akay Gida Amb. Mak. San. ve Tic. Ltd. Sti., with registered office at BOSB Bakir ve Pirinc San. Koop., Mustafa Kurtoglu Cad. No:5, Beylikduzu 34526 (Istanbul, Turkey), VAT number: 0140267812 (hereinafter “AkayGAM LLC”), in its capacity as data controller regarding the processing of personal data pursuant to Turkish applicable data protection legislation temporarily in effect (“Turkish Data Protection Law”) and EU Regulation 679/2016 – General Data Protection Regulation (“GDPR”) (hereinafter Turkish Data Protection Law and GDPR are collectively referred to as “Applicable Law”), recognizes the importance of personal data protection and considers that preserving the confidentiality of your personal data is one of the main objectives of its activity.

Before providing any personal data, AkayGAM LLC invites you to carefully read this privacy policy (“Privacy Policy”), since it contains important information regarding personal data protection and the security measures adopted to ensure confidentiality and full respect of the Applicable Law. This Privacy Policy is intended for the website www.akaygam.com (“Website”) and does not apply to other websites that may be accessed by clicking external links. It is to be construed as an information notice pursuant to Article/Section 13 of the Applicable Law, intended for those who interact with the Website.

AkayGAM LLC informs you that processing of your data will be carried out in accordance with the principles of lawfulness, fairness, transparency, accuracy, purpose and storage limitations, data minimization, integrity, and confidentiality. Your personal data will be processed in accordance with the legislative provisions of the Applicable Law and the confidentiality obligations included therein.

INDEX

• DATA CONTROLLER
• PERSONAL DATA SUBJECT TO PROCESSING
• PURPOSES OF THE PROCESSING AND VOLUNTARY OR OBLIGATORY NATURE OF PROVIDING THE DATA
• MODALITY
• RECIPIENTS
• TRANSFERS
• DATA RETENTION
• YOUR RIGHTS
• AMENDMENTS

DATA CONTROLLER

Pursuant to the Applicable Law, the data controller of the processing activities carried out through the Website is AkayGAM LLC.

PERSONAL DATA SUBJECT TO PROCESSING

“Personal Data” means any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, mental, economic, cultural, or social identity of that natural person.

By means of the Website, AkayGAM LLC collects the following Personal Data:

- Browsing Data

The computer systems and software procedures used to operate the Website collect some Personal Data, the transmission of which is an integral part of Internet communication protocols. This information is not collected to be associated with you but, by its very nature, it may allow you to be identified by processing and associating it with data held by third parties. Among collected Personal Data there are IP addresses or domain names of the devices used by you to connect to the Website, the URI (Uniform Resource Identifier) of requested resources, the time of the request, the method used to submit the request to the server, the size of the file received as a reply, the numeric code indicating the status of the reply given by the server (successful, error, etc.), and other parameters regarding your operating system and device environment.

This data is used exclusively for the purposes of obtaining anonymous statistics on the use and proper functioning of the Website, to monitor its correct functioning, to enable AkayGAM LLC to provide the various functionalities to you, as well as for security reasons. These Personal Data may also be used to ascertain any liability in cases of alleged computer crimes against the Website or against third parties, and they will be deleted after 7 days.

- Data provided on a voluntary basis

By means of the Website, you may voluntarily provide Personal Data such as your name and e-mail address to subscribe to the on-demand service newsletter, or to contact AkayGAM LLC via the “Contact Us” form. AkayGAM LLC will process these data in accordance with the Applicable Law and on the presumption that they refer to you, or to third parties who have authorized you to provide them, pursuant to an appropriate legal basis that legitimizes the processing. In this case, you act as an independent data controller, assuming all relevant obligations and responsibilities under the Applicable Law. In this regard, you hereby waive, in the full sense of the term, the right to any disputes, claims, or claims for damages due to processing, etc., which may be submitted to AkayGAM LLC by the said third party whose Personal Data have been processed through your use of the Website in breach of the Applicable Law.

- Cookies and similar technologies

AkayGAM LLC collects Personal Data using cookies.

PURPOSES OF THE PROCESSING AND VOLUNTARY OR OBLIGATORY NATURE OF PROVIDING THE DATA

The Personal Data that you provide by using the Website will be processed by AkayGAM LLC for the following purposes:

a) Purposes related to the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (e.g., contact requests made using the “Contact Us” form available on the Website, registration to the on-demand service newsletter);

b) Purposes related to research/statistical analyses on aggregated or anonymous data, without the possibility of identifying the data subject, aimed at measuring the functioning of the Website, traffic, usability, and interest;

c) Purposes related to compliance with a legal obligation to which AkayGAM LLC is subject;

d) Purposes necessary for the establishment, exercise, or defense of legal claims, or whenever courts are acting in their judicial capacity.

The purpose referred to in point b) does not imply the processing of Personal Data, whilst processing for the purposes referred to in points c) and d) constitutes lawful processing within the meaning of the Applicable Law because, once the Personal Data have been provided, the processing is necessary to comply with a legal obligation to which AkayGAM LLC is subject or for the establishment, exercise, or defense of legal claims.

Providing your Personal Data for the above-mentioned purposes is voluntary; however, any refusal to provide such data may not allow AkayGAM LLC to reply to your requests and to comply with legal obligations to which AkayGAM LLC is subject.

MODALITY

1. Tools and logics. In relation to the aforementioned purposes, the processing is carried out using manual, computerized, and telematic instruments with logics strictly related to the aforementioned purposes and, in any case, in such a way as to guarantee the security and confidentiality of the data, and with your commitment to promptly notify us of any corrections, changes, and updates. Said processing may be carried out on behalf of the Data Controller for the purposes and in the manner described above, and in compliance with appropriate criteria to guarantee security and confidentiality, by companies, firms, entities, and external collaborators appointed as Data Processors and only with regard to the processing carried out by them.

2. Special Categories of Data. AkayGAM LLC does not intentionally collect personal data that falls under the definition of “Special categories of data” under Art. 9 of EU Regulation 2016/679. In the event that any such data is transmitted to us by you, in the absence of your express written consent we will delete it promptly, where required by applicable law.

RECIPIENTS

Your Personal Data may be disclosed, in close relation to the purposes specified above in section 3, only to:

1. subjects necessary for fulfillment of the services offered through the Website (e.g., sending e-mails and analyzing data), which typically process Personal Data on behalf of AkayGAM LLC as data processors;

2. persons authorized by AkayGAM LLC to process Personal Data, who are committed to, or under, an appropriate statutory obligation of confidentiality (e.g., employees and lawyers of AkayGAM LLC) (a. and b. are hereinafter collectively referred to as “Recipients”);

3. law enforcement agencies and public authorities when so required by the Applicable Law.

TRANSFERS

Some of your Personal Data may be transferred to Recipients who may be established outside the European Economic Area. Where required, such transfers are based on an adequacy decision or the Standard Contractual Clauses issued by the European Commission.

DATA RETENTION

AkayGAM LLC will process your Personal Data only for the duration necessary to achieve the purposes described in section 3. Apart from the above, AkayGAM LLC will retain your Personal Data for a period necessary or permitted to comply with the Applicable Law (Art. 2946 and 2947(1)(3) of the Turkish Civil Code). Further information regarding the period of retention of Personal Data and the criteria used to determine such period may be requested by writing to privacy@akaygam.com.

YOUR RIGHTS

Pursuant to, and within the limits permitted by, the Applicable Law, you have the right at any time to request from AkayGAM LLC access to your Personal Data, rectification, erasure, restriction of processing, or to object to such processing activities. You also have the right to receive the Personal Data concerning you in a structured, commonly used, and machine-readable format.

Requests to exercise your rights must be sent to the following address: privacy@akaygam.com

In any case, pursuant to the Applicable Law, you have the right to lodge a complaint with the relevant supervisory authority (Turkish Personal Data Protection Authority – KVKK) if you believe that the processing of your Personal Data is against the Applicable Law.

AMENDMENTS

This Privacy Policy came into force on 25 May 2018. AkayGAM LLC reserves the right to amend or update its content, whether in whole or in part, including following changes in legal and regulatory obligations regarding data protection. AkayGAM LLC will inform you of such amendments and updates through their publication on the Website as soon as they are adopted, and they will be binding from the moment of their publication. AkayGAM LLC therefore invites you to visit this section of the Website regularly in order to be aware of the most recent and updated version of the Privacy Policy, so that you are always updated on the processing activities that AkayGAM LLC carries out.