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PROTECTION OF PERSONAL DATA

INFORMATIVE TEXT ON THE PROTECTION OF PERSONAL DATA

BMC Otomotiv Ticaret ve Sanayi Anonim Şirketi attributes utmost importance to protecting the fundamental rights and freedoms of individuals, including, particularly, the right to privacy as set forth in article 20 of the Constitution, in the protection and processing of personal data. In this context, it pays due attention to the lawful protection and processing of personal data and acts with this approach in all its planning and activities. 

Our Company does not only consider the protection and processing of personal data forming the basis of privacy within the scope of compliance with legislation; but also puts the value that it attaches to people as the basis of its approach. Acting with this awareness, our Company takes any and all necessary organizational and technical measures to ensure secure protection and to prevent unlawful processing of personal data. 

a. Data Controller

Pursuant to the Law No. 6698 on Protection of Personal Data (the “Law”), your personal data are collected and processed by BMC Otomotiv Ticaret ve Sanayi Anonim Şirketi (the “Company”) as the data controller within the scope described below. 

b. Method and Legal Reason of Collection of Personal Data 

Your personal data are collected by automated or non-automated means in part or in whole; in any and all verbal, written, and electronic media; through various documents, job application forms, customer information forms, mails and e-mails sent to our Company; call center; Company website; social media tools; Corporate communication accounts and devices; Company information systems and devices; security cameras; third parties such as group companies and business partners that our Company provides or receives services from, and the companies that our Company procures services/products from, and various channels such as employment agencies and job search portals for the purpose of storage of such data for the necessary periods. 

Your personal data are processed based on your explicit consent. However, your personal data may also be processed without any need for your explicit consent on the basis of one of the legal reasons specified in the 2nd paragraph of article 5 of the Law, i.e., (i) if the processing of personal data is clearly provided for in the laws; (ii) if the personal data has been made public by the data subject themselves; (iii) if it is required for protection of life or physical integrity of the relevant person or someone else who is unable to express their consent due to actual impossibility; (iv) if the processing of personal data pertaining to contracting parties is required providing that it is directly related to the conclusion, fulfilment or implementation of a contract; (v) if it is required for the fulfilment of our Company’s legal obligations; (vi) if the processing of data is required for establishment, exercise or protection of any right; (vii) if the processing of data is required for protection of our Company’s legitimate interests, providing that such processing does not violate the fundamental rights and freedoms of data subjects. 

c. Purposes of Processing of Personal Data 

Your personal data are processed for the purposes of fulfilment of the obligations clearly stipulated in the laws as well as the professional and legal requirements in case of existence of any of the conditions specified in paragraph 2 of article 5 of the Law; correct planning and management of our business relationships, partnerships, and strategies; ensuring the legal, commercial, and physical security of our Company and business partners; ensuring the corporate functioning of our Company; planning and implementation of our human resources policies in the best manner possible; ensuring proper operation and information security of our Company’s information systems and establishment of the necessary databases to this effect; improving the services provided on our Company’s website and troubleshooting of the relevant errors; creating and tracking visitor records, and ensuring the management of requests, claims and complaints. 

If you provide your explicit consent, your personal data may also be processed to allow you to benefit from the products and services offered by our Company in the best manner possible (performing statistics, analysis, profiling and likes reporting) and to be informed thereof (provision of publicity, advertising, promotion, announcements and information); and for the purpose of planning, development and execution of corporate communication activities and analysing your financial profile. 

ç. The Persons to whom and for which Purposes the processed Personal Data may be transferred 

Your personal data may, in case of existence of any of the conditions specified in paragraph 2 of article 5 of the Law, be transferred to our group companies, affiliates, and business partners, and the companies from which we outsource services (in the fields of security, health, occupational safety, law, etc.) in order to fulfil our contractual or legal obligations, and to competent authorities and agencies, providing to be limited with the purposes specified in the 1st paragraph of article (c) of this text, and by taking necessary security measures in accordance with the terms and conditions specified in articles 8 and 9 of the Law. 

If you provide your explicit consent, your personal data may be transferred to our group companies, affiliates and business partners, providing to be limited with the purposes specified in the 2nd paragraph of article (c) of this text. 

d. Data Subject’s Rights pursuant to Article 11 of the Law 

Our Company informs you of your rights pursuant to article 10 of the Law, provides guidance to you on how to use such rights, and performs the necessary internal functioning, organizational and technical arrangements to this effect. Pursuant to article 11 of the Law, you, as the data subject, are entitled (a) to learn whether your personal data are processed or not; (b) if processed, to request information regarding the processing of your personal data; (c) to learn the purpose of processing and whether your personal data are used for intended purposes or not; (ç) to know the third parties to whom your personal data are transferred at home or abroad; (d) to request for correction of your personal data if they have been processed incompletely or inaccurately; (e) to request for erasure or destruction of your personal data under the conditions stipulated in article 7 of the Law; (f) to request for notification of the actions taken pursuant to subparagraphs (d) and (e) of article 11 of the Law to the third parties to whom your personal data have been transferred; (g) to object to any results that may arise to your detriment through analysis of your processed data exclusively via automated means; and (ğ) to claim for compensation of any loss or damages that you may incur due to unlawful processing of your personal data. 

You can submit your requests and applications regarding the implementation of the Law by completing the Law on Protection of Personal Data - Data Subject Application Form provided below and personally delivering it in writing or sending it via a notary public to “Sanayi Mahallesi, Teknopark Bulvarı, No:1/4C 301, 34906 Pendik, Istanbul” or sending it electronically to the registered mail (KEP) address  (bmc.kisiselverikoruma@bmc.hs03.kep.tr.) by using secure electronic signature or mobile signature. 

It is required that your requests and applications should contain: 

The information and documents related to the subject matter should be enclosed to the application. 

Our Company concludes the requests specified in the application free of charge as soon as possible or within thirty days at the latest, depending on the nature of the request. However, if the relevant action requires an additional cost, the fee in the tariff determined by the Board may be charged. 

Our Company may either accept the request or reject it by explaining the relevant reason and sends its response to the relevant person in writing or electronically. If the request in the application is accepted, our Company takes the necessary action as soon as possible and informs the relevant person. If the application is attributable to our Company’s fault, the fee collected is refunded to the data subject. 

In cases where the application is rejected, or the response given is found insufficient or the application is not answered within due time; the data subject is entitled to file a complaint with the Board within thirty days from the date of receipt of the response, and, in any event, within sixty days from the date of application. 

Further information on the relevant subject is provided in our Company’s “Personal Data Protection and Processing Policy”.