Protection of Personal Data

POTENTIAL BENEFICIARIES^I / BENEFICIARIES^II /
PROVIDERS OF COLLATERAL TO BENEFICIARIES^III /
SPOUSES OF PROVIDERS OF COLLATERAL TO BENEFICIARIES^IV
INFORMATION NOTICE ON THE PROCESSING OF PERSONAL DATA

I. Data Controller

•   This information notice has been prepared, in its capacity as “Data Controller”, within the scope of Article 10 of Personal Data Protection Law No. 6698 (the “Law”) and the Communiqué on the Procedures and Principles to be Followed in Fulfilling the Obligation to Inform, by Katılım Finans Kefalet A.Ş. (“KFK”), located at “Fatih Sultan Mehmet Mah., Poligon Cad., Buyaka 2 Sitesi No:8, Kule 2 Kat:15 Ümraniye/İSTANBUL”, with Mersis No. 0528153886000001, registered with the Istanbul Trade Registry Office under registration number 452387-2, and registered with the Istanbul-Alemdağ Tax Office under tax identification number 528 153 8860.

 

II. Purposes for Which Personal Data Will Be Processed

 

FOR POTENTIAL BENEFICIARIES / BENEFICIARIES;
Your personal data are processed for the purposes of: ensuring that all guarantee activities, primarily within the scope of the protocols signed regarding guarantees provided from KFK equity, are carried out in accordance with KFK procedures and/or the relevant legislation; carrying out the promotion processes of KFK activities; carrying out the recording, updating, monitoring and inquiry of potential beneficiary information; performing financial rating for the evaluation of the guarantee request; reviewing and evaluating guarantee requests; conducting research and risk analysis before a guarantee is provided; carrying out the activities prior to the guarantee allocation stage as required by KFK procedures and/or the relevant legislation; allocating guarantees; valuing the collateral related to guarantees, obtaining and insuring collateral and establishing legal transactions related to collateral; confirming, where necessary, the legal capacity of the relevant persons regarding guarantee requests through health reports on physical and mental health; providing guarantees; monitoring the risk status after the guarantee is provided; carrying out guarantee indemnification transactions; conducting legal proceedings to which KFK is a party; terminating the guarantee and debt process; establishing and performing contracts; fulfilling legal rights and obligations; responding to legal opinions; carrying out internal audit activities; monitoring and fulfilling obligations regarding funds used that belong to public and private sector financial institutions in Türkiye and abroad; reporting to the relevant institutions; ensuring legal and commercial security; recording, reviewing and, where necessary, responding to notifications such as requests, suggestions, satisfaction, complaints and objections; requesting opinions from stakeholders, official institutions and organizations, and public and private sector financial institutions in Türkiye and abroad that transfer funds, as a basis for guarantee practices, and fulfilling contractual obligations to fund providers; carrying out correspondence activities; recording closed-circuit camera footage for security purposes at KFK premises; recording calls and conversations on the KFK switchboard system; planning and executing business activities and operational processes; checking and evaluating the number and content of corporate visits in terms of performance; organizing and developing corporate relations; conducting surveys for the management and development of corporate relations such as service quality, measurement of beneficiary satisfaction and complaint management; and determining, monitoring, reporting and controlling the guarantee limit that may be defined for each beneficiary included in the risk group defined in Article 49 of Banking Law No. 5411. I “Potential Beneficiaries” refers to natural persons and/or the natural person partners and representatives of legal entities who apply to KFK in order to benefit from KFK's equity package. II “Beneficiaries” refers to natural persons who own sole proprietorships and/or the natural person partners and representatives of legal entities who benefit from KFK's equity package. III “Providers of Collateral to Beneficiaries” refers to natural persons who act as guarantors and provide collateral to natural or legal persons benefiting from KFK's equity package, and the natural person partners and/or representatives of legal entities doing so. IV “Spouses of Providers of Collateral to Beneficiaries” refers to the spouses, whose consent is required in the relevant legal relationship, of natural persons who act as guarantors and provide collateral to natural or legal persons benefiting from KFK's equity package, and of the natural person partners and/or representatives of legal entities doing so.

 

FOR PROVIDERS OF COLLATERAL TO BENEFICIARIES;

Your personal data are processed for the purposes of: ensuring that all guarantee activities, primarily within the scope of the protocols signed regarding guarantees provided from KFK equity, are carried out in accordance with KFK procedures and/or the relevant legislation; reviewing and evaluating guarantee requests; conducting research and risk analysis before a guarantee is provided; allocating guarantees; valuing the collateral related to guarantees, obtaining and insuring collateral and establishing legal transactions related to collateral; carrying out collateral entry and release transactions; confirming, where necessary, the legal capacity of the relevant persons regarding guarantee requests through health reports on physical and mental health; providing guarantees; establishing and performing contracts; fulfilling legal rights and obligations; monitoring the risk status after the guarantee is provided; carrying out guarantee indemnification transactions; conducting legal proceedings to which KFK is a party; terminating the guarantee and debt process; responding to legal opinions; carrying out internal audit activities; ensuring legal and commercial security; recording, reviewing and, where necessary, responding to notifications such as requests, suggestions, satisfaction, complaints and objections; carrying out correspondence activities; recording camera footage; carrying out reporting processes; recording calls and conversations on the KFK switchboard system; recording closed-circuit camera footage for security purposes at KFK premises; planning and executing business activities and operational processes; checking and evaluating the number and content of corporate visits in terms of performance; organizing corporate relations; conducting surveys for the management and development of corporate relations such as service quality, measurement of beneficiary satisfaction and complaint management; and determining, monitoring, reporting and controlling the guarantee limit that may be defined for each beneficiary included in the risk group defined in Article 49 of Banking Law No. 5411.

FOR SPOUSES OF PROVIDERS OF COLLATERAL TO BENEFICIARIES;


Your personal data are processed for the purposes of: ensuring that all guarantee activities, primarily within the scope of the protocols signed regarding guarantees provided from KFK equity, are carried out in accordance with KFK procedures and/or the relevant legislation; allocating guarantees; obtaining collateral related to guarantees and establishing legal transactions related to collateral; carrying out collateral entry and release transactions; confirming, where necessary, the legal capacity of the relevant persons regarding guarantee requests through health reports on physical and mental health; establishing and performing contracts; fulfilling legal rights and obligations; conducting legal proceedings to which KFK is a party; terminating the guarantee and debt process; responding to legal opinions; carrying out internal audit activities; ensuring legal and commercial security; recording, reviewing and, where necessary, responding to notifications such as requests, suggestions, satisfaction, complaints and objections; carrying out correspondence activities; carrying out reporting processes; recording calls and conversations on the KFK switchboard system; recording closed-circuit camera footage for security purposes at KFK premises; planning and executing business activities and operational processes; conducting surveys for the management and development of corporate relations such as service quality, measurement of beneficiary satisfaction and complaint management; and determining, monitoring, reporting and controlling the guarantee limit that may be defined for each beneficiary included in the risk group defined in Article 49 of Banking Law No. 5411.

 

III. Method and Legal Grounds for Collecting Personal Data

FOR POTENTIAL BENEFICIARIES / BENEFICIARIES / PROVIDERS OF COLLATERAL TO BENEFICIARIES /
SPOUSES OF PROVIDERS OF COLLATERAL TO BENEFICIARIES;

Your personal data are collected and stored orally, in writing, physically and/or electronically, in digital form or on paper, through channels such as e-mail, the KFK website, KFK social media accounts, fax, SMS, the Credit Bureau (Kredi Kayıt Bürosu), lender records, CCTV, the KFK switchboard system, courts and other official institutions.
Your personal data are processed based on the legal grounds of “being expressly provided for by law” under Article 5/2-(a) of the Law, “processing of personal data of the parties to a contract being necessary, provided that it is directly related to the establishment or performance of the contract” under Article 5/2-(c), “being mandatory for the data controller to fulfil its legal obligation” under Article 5/2-(ç), “data processing being mandatory for the establishment, exercise or protection of a right” under Article 5/2-(e), and “data processing being mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject” under Article 5/2-(f); and, in cases where these legal grounds cannot be relied upon, on the legal ground of “the explicit consent of the data subject” set out in Article 5/1 of the Law; Your special categories of personal data other than health and sexual life are processed based on the legal ground of “being provided for by law” set out in Article 6/3 of the Law, and, in cases where this legal ground cannot be relied upon, on the legal ground of “the explicit consent of the data subject” set out in Article 6/2 of the Law; Your health data are processed based on the legal ground of “the explicit consent of the data subject” set out in Article 6/2 of the Law.

 

IV. To Whom and for What Purposes Personal Data May Be Transferred

FOR POTENTIAL BENEFICIARIES / BENEFICIARIES /
PROVIDERS OF COLLATERAL TO BENEFICIARIES;

Your personal data may be transferred, within the limits set by the provisions of the relevant legislation and limited to achieving the purposes stated above and fulfilling the obligations imposed by the relevant legislation, to the Ministry of Treasury and Finance of the Republic of Türkiye, banks, financial leasing companies, KOSGEB, TÜBİTAK, other lending institutions and organizations, other public and private sector organizations providing funds in Türkiye and abroad, the Banks Association of Türkiye, the Participation Banks Association of Türkiye, the Risk Center of the Banks Association of Türkiye, the Central Bank of the Republic of Türkiye, the Banking Regulation and Supervision Agency, the Turkish Court of Accounts, persons/companies/institutions from which support services/other services are procured for KFK's information technology infrastructure, operations and all other information technology processes and for all other matters required for KFK's activities, third-party suppliers providing goods and services including survey services, notaries, land registry offices, police departments, insurance companies, judicial and administrative authorities and other relevant public institutions and organizations.

FOR SPOUSES OF PROVIDERS OF COLLATERAL TO BENEFICIARIES;
Your personal data may be transferred, within the limits set by the provisions of the relevant legislation and limited to achieving the purposes stated above and fulfilling the obligations imposed by the relevant legislation, to judicial and administrative authorities and other relevant persons and organizations.

 

V. Rights of the Data Subject Listed in Article 11 of the Law

Under the Law, you have the right to:

• Learn whether your personal data are processed,
• Request information if your personal data have been processed,
• Learn the purpose of processing your personal data and whether they are used in accordance with their purpose,
• Know the third parties to whom your personal data are transferred in Türkiye or abroad,
• Request the correction of your personal data if they have been processed incompletely or inaccurately,
• Request the deletion or destruction of your personal data within the framework of the conditions set out in Article 7 of the Law,
• Request that the transactions carried out pursuant to subparagraphs (e) and (f) of Article 11 of the Law be notified to third parties to whom your personal data have been transferred,
• Object to the occurrence of a result against you by means of the analysis of the processed data exclusively through automated systems,
• Request compensation for damages if you suffer damage due to the unlawful processing of your personal data.

For detailed information on the matters explained above, you may contact KFK at kvkk@katilimkefalet.com.tr.

You may submit your applications regarding your rights under the Law, with a petition containing your request and documents verifying your identity, to the KFK Head Office in person or through a notary, or to katilimfinans@hs01.kep.tr using a secure electronic signature, a mobile signature, or the e-mail address you have previously notified to KFK and that is registered in the KFK system. If a written response to your application is required and the written response exceeds 10 pages and/or must be provided on a recording medium such as a CD or flash drive, it will be subject to the fee determined by the Personal Data Protection Board in accordance with the provisions of the “Communiqué on the Procedures and Principles of Application to the Data Controller”.

Requests submitted without complying with the form and content requirements stipulated by the Law and the relevant secondary legislation may not be taken into consideration by KFK.

 

 

I have been informed that KFK will process my personal data within the framework of the purposes stated above.

Potential Beneficiary / Beneficiary (to be signed by the natural person authorized signatory with representation authority and by the natural person guarantors)

Name-Surname :
T.R. ID No. :
Signature :
Date :

Name-Surname :
T.R. ID No. :
Signature :
Date :

Providers of Collateral to the Beneficiary
Name-Surname :
T.R. ID No. :
Signature :
Date :

Spouse of the Provider of Collateral to the Beneficiary
Name-Surname :
T.R. ID No. :
Signature :
Date :