Loading...

Personal Data Protection, Processing, and Privacy Policy

Purpose

As Ekşi Modern Tarım San. ve Tic. Ltd. Şti. (hereinafter referred to as "Vita Verde"), our priority is to process the personal data of individuals, including our customers, suppliers, and employees, in accordance with the Constitution of the Republic of Turkey, international agreements related to human rights to which our country is a party, and primarily the Law No. 6698 on the Protection of Personal Data ("KVKK"), as well as relevant legislation, and to ensure that the rights of the data subjects are effectively exercised.

Therefore, including but not limited to; the processing, storage, and transfer of all personal data obtained through automatic means or as part of any data recording system, during our activities, including that of our employees, suppliers, customers, and users visiting our website, is carried out in accordance with the Vita Verde Personal Data Protection and Processing Policy (hereinafter referred to as "Policy").

The protection of personal data and the consideration of the fundamental rights and freedoms of individuals from whom personal data is collected is a fundamental principle of our policy on the processing of personal data. Therefore, we conduct all our activities involving the processing of personal data by respecting privacy, confidentiality of communication, freedom of thought and belief, and the right to effective legal remedies. We take all administrative and technical protection measures required by the nature of the data in accordance with the legislation and current technology for the protection of personal data.

This Policy describes the methods we follow regarding the processing, storage, transfer, and deletion of personal data shared during our commercial or social responsibility activities in accordance with the principles mentioned in KVKK.

Scope

All personal data processed by the Company, including our customers, business connections, business partners, employees, suppliers, potential customers, and other third parties, fall within the scope of this Policy.

Our Policy applies to all activities related to the processing of personal data that are owned by or managed by the Company and has been prepared in accordance with KVKK, other relevant legislation on personal data, and international standards in this field.

Definitions and Abbreviations

This section briefly explains the special terms, expressions, concepts, abbreviations, etc., used in the Policy.

  • Company: Ekşi Modern Tarım San. ve Tic. Ltd. Şti.
  • Explicit Consent: Consent given with clarity, based on being informed and free will, that is limited to a specific process and leaves no room for doubt.
  • Employee: Company staff
  • Data Subject (Relevant Person): The real person whose personal data is processed.
  • Personal Data: Any information related to an identified or identifiable real person.
  • Special Categories of Personal Data: Data regarding a person's race, ethnic origin, political opinions, philosophical beliefs, religion, sect, or other beliefs, attire, membership in associations, foundations, or trade unions, health, sexual life, criminal convictions, security measures, as well as biometric and genetic data.
  • Processing of Personal Data: Any operation performed on personal data, whether or not by automated means, such as collection, recording, storage, preservation, alteration, reorganization, disclosure, transfer, acquisition, accessibility, classification, or prevention of use, that is part of a data recording system.
  • Data Processor: The real or legal person who processes personal data on behalf of the data controller based on the authority given by the data controller.
  • Data Controller: The real or legal person who determines the purposes and means of processing personal data and is responsible for establishing and managing the data recording system.
  • KVK Board: Personal Data Protection Board.
  • KVKK: The Law on the Protection of Personal Data published in the Official Gazette on April 7, 2016, numbered 29677.
  • Policy: Ekşi Modern Tarım San. ve Tic. Ltd. Şti. Personal Data Protection, Processing, and Privacy Policy.

Roles and Responsibilities of the Personal Data Protection Policy

Roles and Responsibilities

The Personal Data Protection Committee, composed of representatives from Human Resources, Accounting, IT, Quality, Sales Departments, and Top Management within Vita Verde, is responsible for drafting and updating this policy. In the event of any behavior contrary to the principles outlined in this Policy, the Personal Data Protection Committee will evaluate the situation in accordance with the Personal Data Breach Incident Management Procedure.

Legal Obligations

Under KVKK, as a data controller, the legal obligations regarding the protection and processing of personal data are listed below:

Our Obligation to Inform

When collecting personal data as the data controller;

  • The purposes for which your personal data will be processed,
  • Information about our identity and, if applicable, the identity of our representative,
  • To whom and for what purposes your processed personal data may be transferred,
  • The method and legal basis of collecting data,
  • Legal rights arising from the law,

We have an obligation to inform the Data Subject about these matters.

As a company, we strive to ensure that this Policy, which is public, is clear, understandable, and easily accessible.

Our Obligation to Ensure Data Security

As a data controller, we take the administrative and technical measures required by the legislation to ensure the security of personal data under our responsibility. The obligations regarding data security and the measures taken are detailed in sections 9 and 10 of this Policy.

Classification of Personal Data

Personal Data

Personal data refers to any information relating to an identified or identifiable natural person. The protection of personal data only applies to natural persons, and information that does not relate to natural persons is excluded from personal data protection. Therefore, this Policy does not apply to data related to legal entities.

Special Categories of Personal Data

Special categories of personal data include information about a person’s race, ethnic origin, political opinions, philosophical beliefs, religion, sect, or other beliefs, appearance and attire, membership in associations, foundations, or trade unions, health, sexual life, criminal convictions, and security measures, as well as biometric and genetic data.

Processing of Personal Data

Our Principles for Processing Personal Data

We process personal data according to the principles outlined below.

  • Processing Personal Data in Compliance with Legal and Honesty Principles - We process personal data in accordance with principles of fairness, transparency, and our obligation to provide information.
  • Ensuring Personal Data is Accurate and Up-to-Date - We take necessary measures in our data processing procedures to ensure that the processed data is accurate and up-to-date. We also provide the Data Subject with the opportunity to update their data and correct any inaccuracies in the processed data, if any.
  • Purpose of Processing Personal Data - We process personal data for specific, explicit, and legitimate purposes. As a company, we process personal data within the scope and content explicitly defined, and in line with legislation and the normal course of commercial activities, in accordance with our legitimate purposes.
  • Data Processing is Relevant, Limited, and Proportional - We process personal data in a relevant, limited, and proportional manner to the purpose clearly and precisely defined. We avoid processing irrelevant or unnecessary personal data. Therefore, unless legally required, we do not process special categories of personal data, or if necessary, we obtain explicit consent.
  • Retention of Personal Data as Required by Legal Regulations and Business Interests - Many legal regulations require the retention of personal data for a certain period. Therefore, we retain personal data for the period prescribed by the relevant legislation or as necessary for the purposes of processing. Upon expiration of the statutory retention period or if the purpose of processing ceases, we delete or destroy personal data. The principles and procedures related to retention periods are detailed in Article 9.1 of this Policy.
  • Obtaining Explicit Consent for Processing Data of the Relevant Person - We obtain explicit consent from the relevant person except in cases where the Law does not require consent.

Our Purposes for Processing Personal Data

As a company, we process personal data for purposes including but not limited to the following:

  • Conducting our activities,
  • Providing support services to customers within the scope of contracts and service standards,
  • Identifying and shaping services for our customers based on their preferences and needs,
  • Fulfilling our legal obligations required or mandated by legal regulations,
  • Evaluating job applications,
  • Maintaining contact with individuals involved in a business relationship with the company,
  • Marketing,
  • Vendor/supplier management,
  • Billing.

Processing of Special Categories of Personal Data

Special categories of personal data are processed by us only if legally required and if administrative and technical measures mandated by the KVK Board are taken, and with explicit consent, or in cases where the legislation requires it.

Special categories of personal data related to health and sexual life may be processed by persons or authorized institutions who are under the obligation of confidentiality, for purposes such as protecting public health, preventive medicine, medical diagnosis, treatment, and care services, and planning and managing health services and financing. Such data is not processed by us except for our employees' data. Data related to our employees may be processed by those authorized by law.

Processing Personal Data for Human Resources and Employment Purposes

Personal data you share with us during your application process as a job applicant, including resumes, diplomas, and other documents, is processed, stored, and transferred for the purpose of evaluating your job application. The processing, transfer, and storage of personal data shared by you as a job applicant are governed by this Policy and the Personal Data Protection Policy for Job Applicants.

Exceptional Cases Where Explicit Consent Is Not Required for Processing Personal Data

We may process personal data without explicit consent in the following exceptional cases mandated by law:

  • When explicitly foreseen by laws,
  • When necessary for the performance of a contract or directly related to the establishment or performance of a contract,
  • When required for the establishment, exercise, or protection of a legal claim,
  • When necessary for our legitimate interests as a data controller, provided it does not violate fundamental rights and freedoms,
  • When necessary to fulfill any legal obligations as a data controller,
  • When it is mandatory for the protection of the life or physical integrity of a person who is unable to give consent due to physical impossibility or whose consent is not legally recognized,
  • When made public by the data subject themselves.

Exceptional situations where special categories of personal data may be processed without the data subject's explicit consent are specified in Article 7.4 of this Policy.

Transfer of Personal Data

Transfer of Personal Data Within the Country

As a company, we act in accordance with the decisions and regulations of the KVK Board regarding the transfer of personal data as stipulated by KVKK.

Except for cases specified by legislation, personal data and special categories of personal data are not transferred to other individuals or legal entities by us without the explicit consent of the data subject or, in the case of the data subject being under 18 years old, their guardian or legal representative.

In exceptional cases as stipulated by KVKK and other relevant legislation, personal data may be transferred to authorized administrative or judicial institutions without the explicit consent of the data subject or, if the data subject is under 18 years old, their guardian or legal representative, in accordance with the legislation.

Additionally, in exceptional cases as provided by the legislation and in the cases described in Article 7.7 of this Policy, and for special categories of personal data mentioned in Article 7.4 of this Policy, and provided that the necessary measures prescribed by the KVK Board and relevant legislation are taken, personal data related to health and sexual life of the data subject may be transferred without explicit consent for purposes such as protecting public health, preventive medicine, medical diagnosis, treatment and care services, and planning and managing health services and financing, to persons or authorized institutions under the obligation of confidentiality.

Transfer of Personal Data Abroad

As a rule, personal data is not transferred abroad without the explicit consent of the data subject or, in the case of the data subject being under 18 years old, their guardian or legal representative. However, in cases where the exceptions outlined in Articles 7.4 and 7.7 of this Policy apply, personal data may be transferred to third parties abroad only:

  • Transfer of personal data abroad without explicit consent is permissible in cases where:
  • Data is transferred to countries deemed to provide adequate protection by the KVK Board, or if there is no adequate protection in those countries, if both the data controllers in Turkey and the foreign country provide written commitment for adequate protection and obtain permission from the KVK Board.

In these cases, personal data can be transferred abroad without explicit consent.

Institutions and Organizations to Whom Personal Data is Transferred

Personal data can be transferred, including but not limited to:

  • Our suppliers,
  • Our business partners and connections,
  • Our company’s subsidiaries and group companies,
  • Legally authorized public institutions and organizations,
  • Legally authorized private entities,
  • Service providers or third parties, or consultants, organizations, or authorities we collaborate with,
  • Our shareholders,

In accordance with the principles and rules mentioned above, the conditions and purposes stated in Articles 8 and 9 of the Law can be applied.

Measures We Take to Ensure Legal Transfer of Personal Data

Technical Measures

To protect personal data, including but not limited to:

  • Establishing internal technical organization to process and store personal data in compliance with the legislation,
  • Creating technical infrastructure to ensure the security of databases where personal data is stored,
  • Monitoring and auditing the processes of the created technical infrastructure,
  • Establishing procedures for reporting technical measures and audit processes,
  • Regularly updating and renewing technical measures,
  • Re-evaluating risky situations and developing necessary technological solutions,
  • Using antivirus systems, firewalls, and similar software or hardware security products and establishing security systems in line with technological developments.
  • Employing experts in technical matters.

Administrative Measures

To protect your personal data, including but not limited to:

  • Creating access policies and procedures for personal data for employees within our company, including company and subsidiary employees,
  • Informing and training our employees on the legal protection and processing of personal data,
  • Recording measures to be taken in cases of unlawful processing of personal data by our employees in the contracts and/or policies we create,
  • Monitoring the personal data processing activities of data processors or their partners with whom we work.

Storage of Personal Data

Personal data will be stored for the period required by the relevant legislation or for the purpose for which it is processed. Except for the retention periods stipulated by the legislation, personal data will be stored for the duration necessary for the purpose of processing. In cases where personal data is processed for multiple purposes, if the purposes of processing the data cease or if the data subject is a person under 18 years of age, personal data will be deleted or destroyed upon request from the data subject's guardian or legal representative, provided that there is no legal obstacle in the legislation. Disposal or deletion of personal data will comply with legal regulations and KVK Board decisions.

Measures We Take for Storing Personal Data

Technical Measures

  • Creating technical infrastructure and related control mechanisms for the deletion and destruction of personal data,
  • Taking necessary measures for the secure storage of personal data, employing staff with technical expertise,
  • Developing systems for business continuity and emergency plans against potential risks,
  • Establishing security systems in storage areas for personal data according to technological developments.

Administrative Measures

  • Raising awareness among our employees about technical and administrative risks related to personal data storage,
  • When collaborating with third parties for data storage, including necessary security measures in the contracts with companies receiving personal data to ensure the protection and secure storage of personal data.

Security of Personal Data

Our obligations regarding the security of personal data include taking administrative and technical measures based on technological opportunities and implementation costs to prevent unlawful processing of personal data and to ensure lawful storage.

Measures We Take to Prevent Unlawful Processing of Personal Data

  • Our company conducts and ensures necessary audits,
  • We train and inform our employees about the lawful processing of personal data,
  • We evaluate the activities carried out by our company in detail across all business units, and based on this evaluation, we process personal data specific to the commercial activities of the relevant units,
  • When cooperating with third parties for the processing of personal data, we include provisions in contracts with companies processing personal data to ensure that necessary security measures are taken by those processing personal data.
  • In the event of unlawful disclosure or data leakage of personal data, we report the situation to the KVK Board and carry out and implement the checks and measures required by the legislation.

Technical and Administrative Measures Taken to Prevent Unlawful Access to Personal Data

  • To prevent unlawful access to personal data, we employ employees with technical expertise,
  • We periodically update and renew technical measures,
  • We establish access authorization procedures within our company,
  • We define procedures for reporting technical measures and auditing processes,
  • We create and periodically audit data recording systems used within our company in accordance with the legislation,
  • We develop emergency response plans for potential risks and implement systems related to them,
  • We train and inform our employees about access to personal data and authorization matters,
  • When cooperating with third parties for the processing and storage of personal data, we include provisions in contracts with companies accessing personal data to ensure that those accessing personal data take necessary security measures,
  • We establish security systems in line with technological developments to prevent unlawful access to personal data.

Measures Taken in the Event of Unlawful Disclosure of Personal Data

We take administrative and technical measures to prevent the unlawful disclosure of personal data and update these measures according to our relevant procedures. In the event that we detect unauthorized disclosure of personal data, we create systems and infrastructures to notify the Data Subject or, if the Data Subject is under 18, their guardian or legal representative, and the KVK Board.

Despite all administrative and technical measures taken, in case of unlawful disclosure, the KVK Board may publish this situation on its website or through other methods if deemed necessary.

Rights of the Personal Data Subject

We inform the Personal Data Subject in line with our obligation to inform and establish systems and infrastructures for this notification. We make the necessary technical and administrative arrangements for the Personal Data Subject to exercise their rights regarding their personal data.

Rights of the Personal Data Subject

  • Learn whether personal data is being processed,
  • If personal data is processed, request information about it,
  • Learn the purpose of processing personal data and whether it is used in accordance with its purpose,
  • Know the third parties to whom personal data is transferred, both domestically and internationally,
  • Request correction of personal data if it is incomplete or incorrect,
  • Request deletion or destruction of personal data if the reasons for processing no longer exist,
  • Request notification of the above-mentioned correction, deletion, or destruction to third parties to whom personal data has been transferred,
  • Object to the result of the processing of personal data exclusively by automated systems if it results in a negative consequence,
  • Request compensation for damages in case of damage caused by unlawful processing of personal data.

Exercising Rights Related to Personal Data

The Personal Data Subject can submit their request regarding their personal data using the "KVKK Application Form" available on our website or by sending it in writing with a wet signature to info@VitaVerde.com.tr. In the application, the request should be clear and understandable, the subject of the request should be related to the applicant's own data, or if acting on behalf of someone else, special authority should be documented, and the application should include identity and address information along with documents proving identity. If the Personal Data Subject is under 18, the guardian or legal representative must send the application with the relevant documents proving the identity of the Personal Data Subject.

Such requests are to be made individually, and requests from unauthorized third parties will not be considered.

Application and Personal Data Policy

Evaluation of Applications

The response time for personal data requests, depending on their nature, will be as soon as possible and in any case within 30 (thirty) days free of charge, or if the KVK Board announces a fee in its published tariff, for a fee according to the tariff. Additional information and documents may be requested during the application or evaluation process.

Our Right to Reject Applications

Applications regarding personal data;

  • The processing of personal data for research, planning, and statistical purposes by anonymizing it with official statistics,
  • The processing of personal data for artistic, historical, literary, or scientific purposes or within the scope of freedom of expression, provided that it does not violate privacy or personality rights or constitute a crime,
  • The processing of personal data made public by the data subject,
  • The application being based on an unjustified reason,
  • The application containing a request contrary to the relevant legislation,
  • Failure to comply with the application procedure,

will be rejected with justification.

Procedure for Evaluating Applications

To start the response period mentioned in Article 11.2.1 of this Policy, requests must be sent with the data subject's identification information and documents, written and signed, via other methods determined by the KVK Board. If the data subject is under 18 years old, the parent or legal representative must send the request with identification documents of the data subject along with the aforementioned documents.

If the request is accepted, the relevant process will be applied, and notification will be made in writing or electronically. If the request is rejected, the reason will be explained, and the applicant will be informed in writing or electronically.

Right to Appeal to the Personal Data Protection Board

In the case of rejection of the application, the response being found inadequate, or no response being provided within the period; the applicant has the right to appeal to the KVK Board within 30 (thirty) days from the date of learning the response and in any case within 60 (sixty) days from the application date.

Privacy Policy

This Privacy Policy includes our policy regarding your personal data while providing services related to our company's website.

Collection and Processing of Your Personal Data

In accordance with the Personal Data Protection Law No. 6698 ("KVKK"), as the Data Controller, we inform you that your personal data requested and shared with us will be recorded, stored, preserved, reorganized, shared with institutions authorized to request this data by law, transferred to domestic or foreign third parties as per KVKK provisions, assigned, classified, and processed in other ways as specified in KVKK within the framework of the purpose and duration of processing.

Users; for the purposes of job application, making requests and suggestions, introducing themselves, and tracking user preferences more closely, acknowledge that they share personal data such as name, surname, email, and job applications on our web page with us voluntarily and with explicit consent in accordance with the Law No. 6698, and that this data is requested for introducing themselves, providing better service, and informing them about their application, complaints, and site activities and innovations. During visits, traffic data may be processed as the provider of the place.

Your personal data may be recorded, stored, and managed for identifying the details of the transaction, preparing and organizing all necessary receipts, records, and documents, maintaining records and documents for legal durations, ensuring transaction security, fulfilling obligations related to information retention, reporting, and informing by public institutions or other authorities, and evaluating personal data shared during job applications. It may be transferred to legally authorized public and private legal entities as permitted by laws and regulations.

All personal data shared with us will be stored in accordance with the privacy principles as per Article 12 of the KVKK. Except for exceptions specified in the law, these personal data will only be shared with authorized employees of the company or public institutions and organizations legally entitled to request this data, based on the users' explicit consent.

Company Entrance-Exits and Processing of Personal Data Within the Company

For ensuring security and continuity of operations, our company monitors guest entries and exits with security cameras inside and outside the company buildings, and personal data is processed in accordance with the Constitution, KVKK, and other relevant legislation.

Visitor images are recorded through camera systems at building entrances and within the building to ensure security, improve service quality, and protect the security of the company, visitors, and others. Only a limited number of company employees have access to digitally recorded and stored data, and they have signed confidentiality agreements to maintain the privacy of accessed data. Live camera feeds can be monitored by external security personnel.

In accordance with Article 12 of the KVKK, technical and administrative measures are taken to ensure the security of personal data obtained through camera monitoring. Log records of internet access provided to guests are recorded according to Law No. 5651 and relevant regulations; these records are processed only when requested by authorized public institutions or during company audits to fulfill legal obligations.

Access to the obtained log records is limited to a few employees who have signed confidentiality agreements and is used only for requests from authorized public institutions or during audit processes, and is shared with legally authorized persons. Internet activities on the company's websites are recorded in accordance with the law and relevant regulations to ensure that visitors use the sites appropriately.

Deletion and Anonymization of Personal Data

In accordance with Article 7 of the KVKK and other relevant legal provisions (Article 138 of the Turkish Penal Code), even if personal data has been processed, it will be deleted or destroyed by the data controller upon the company's decision or the data subject's request when the reasons for processing cease to exist. Provisions related to deletion or destruction of personal data in other laws remain reserved.

Our company uses deletion or destruction techniques such as permanent deletion by the company's technical personnel or an expert, physical destruction, or secure deletion from existing software. Anonymization techniques used include aggregation, derivation, masking, and hashing, and if the reasons for processing cease to exist, personal data may be anonymized by our company or its affiliates. Anonymized personal data will not be subject to KVKK and may be processed for purposes such as research and statistics.

Publication and Storage of the Document

This Policy is maintained in both printed and electronic forms.

Update Period

This Policy is reviewed periodically by the Company and updated as necessary in accordance with laws, regulations, and internal company principles.

Effective Date

This Policy becomes effective upon publication on our company's website.