This English text is provided for information only. The binding version of this notice is the Turkish original, published at KVKK Aydınlatma Metni. In the event of any discrepancy between the two, the Turkish text prevails.
Because protecting the privacy of our customers' private lives and ensuring and maintaining information security are among our principles, arising both from the Law and from our company policy, we present the following explanations to the attention of our visitors, our customers and third parties who use our website and/or mobile applications, in order to fulfil the duty to inform arising from Law No. 6698, and we note that this notice sets out the essential information about the Turkish Personal Data Protection Law ("KVKK"). The first point we would like to state is that, since it is indisputable that membership cannot be imposed as a precondition for shopping on electronic commerce platforms, there is no membership requirement for you to shop on our company's site, and membership is not offered as a condition of service. Where you do not have a membership, your personal data is not processed for purposes based on the legal ground of explicit consent.
PERSONAL DATA: Under Law No. 6698 on the Protection of Personal Data, personal data is defined as any information relating to an identified or identifiable natural person.
SPECIAL CATEGORIES OF PERSONAL DATA: Data relating to a person's race and ethnic origin, criminal convictions and security measures, political opinions, philosophical belief, religion, sect and other beliefs, appearance and dress, membership of an association, foundation or trade union, health, sexual life, and biometric and genetic data constitute special categories of personal data. Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile) does not collect or process your special categories of personal data in any way, nor does it ask you to share such data.
PROCESSING OF PERSONAL DATA: Any operation performed on data, such as obtaining, recording, storing, retaining, altering, reorganising, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data, by wholly or partly automated means or by non-automated means provided that it forms part of a data filing system, is considered processing of personal data. Any activity carried out in the period from the collection of personal data in the manner described until its erasure, destruction or anonymisation is regarded as processing of personal data under the Law.
DATA CONTROLLER: Means the natural or legal person who determines the purposes and means of processing personal data and who is responsible for establishing and managing the data filing system. Under the Law, the data controller is the person who determines the purpose and method of processing personal data. Pursuant to Law No. 6698 on the Protection of Personal Data, your personal data will be processed by Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile) as data controller within the scope explained below, and any information relating to you (personal data) obtained or to be obtained by our company in its capacity as data controller, or shared or to be shared by you with our company, will be processed by our company within the framework explained in this text and in the manner prescribed by the said Law. Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile) reserves the right to update this Personal Data Protection Notice at any time in line with changes that may be made to the legislation in force.
DATA SUBJECT: Only the data of natural persons is protected under the Law. For this reason, the term "data subject" is used in the Law to refer to the natural person whose personal data is processed. The person to be protected is, as expressly stated in the definitions section of the legislation, a "natural person".
Our company processes your personal data for purposes and legal grounds such as: fulfilling its obligations (identity verification, information retention, reporting, notification and similar) and undertakings under all relevant national and international legislation — in particular Law No. 5549 on the Prevention of Laundering Proceeds of Crime and Law No. 4358 on the Extension of the Use of Tax Identification Numbers — and the secondary regulations issued by the competent authorities on the basis of that legislation, or under contracts to which it is a party in connection with such legislation or its activities; establishing contracts relating to any product (gift plush toys, custom-made products, toys, textiles and similar) and services you request from our company; drawing up all other records and documents (in paper or electronic form); providing the products and services in question and maintaining them properly and without interruption. In addition, the collection and use of data is necessary because of the provisions on the protection of personal data in Law No. 6563 on the Regulation of Electronic Commerce, the performance of our obligations arising from Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, and because criminal sanctions are envisaged in certain cases for the protection of personal data through the provisions of Turkish Criminal Code No. 5237.
The personal data collected is processed on the legal ground of "EXPLICIT CONSENT" under the Personal Data Protection Law, within the conditions and purposes of personal data processing set out in Articles 5 and 6 of Law No. 6698, for the reasons listed below:
Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile) acknowledges and undertakes to all its customers that it may record, store, update, disclose to third parties, transfer, classify and process its customers' personal information, provided that this remains limited to the cases and to the extent permitted by the legislation.
Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile):
The sharing of our customers' personal data with third parties takes place within the framework of the customers' permission. As a rule, personal data is not transferred to third parties without our customer's approval. However, your collected personal data may be shared with our business partners, suppliers and shareholders — in short, with all public institutions and private persons authorised by law — within the framework of the personal data processing conditions and purposes set out in Articles 8 and 9 of Law No. 6698, for the purposes detailed in this notice and on the basis of legal grounds: carrying out sales and after-sales support activities; managing satisfaction or complaints; organising communication activities by forming target groups; enabling member brands to organise special sales, campaigns and marketing activities for users; and also so that the necessary work can be carried out by our business units to enable customers to benefit from the products and services offered by our company, so that the products and services offered by our company can be recommended in a manner customised to customers' preferences, usage habits and needs, to ensure the legal and commercial security of our company and of persons who have a business relationship with our company, and to determine and implement our company's commercial and business strategies. Any such sharing may be carried out in accordance with the relevant legislation, provided that it remains limited to the finite and specifically stated purposes listed in this notice. For the same purposes and limited to those purposes, your personal data may be shared with our affiliates, shareholders and business partners abroad with your explicit consent, pursuant to Article 9 of the Law.
Personal data shared with Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile) is under the supervision and control of the company. In its capacity as data controller, the Company has assumed responsibility for establishing the necessary organisation and for taking and adapting technical measures in order to protect the confidentiality and integrity of information, in accordance with the provisions of the relevant legislation in force. Conscious of our obligation in this regard, penetration tests are carried out at periodic intervals in accordance with international and national technical standards on data confidentiality, and we note that we keep our data processing policies updated at all times in this context.
For the legal reasons explained above, your personal data may be collected verbally, in writing or electronically, by automated or non-automated means, through our Company's Head Office units, internet branch and all other similar channels.
Within the framework of Article 11 of Law No. 6698 on the Protection of Personal Data, the data subject may at all times apply to the data controller and, in relation to themselves, has the right to:
Accordingly, all our customers may apply to our company and obtain information within the scope of the rights set out above.
A Data Subject Application Form is attached as an annex to this notice; all the necessary information is set out in the application form annexed to this notice, and the application process is explained in full detail. (We reserve the right to charge you, in accordance with the tariff set out in Article 13 of the KVKK entitled "Application to the data controller", for the costs to be incurred by our company in order to fulfil your requests under this article.)
From the moment I approve this notice by giving my EXPLICIT CONSENT, having been informed of all the details above:
"I acknowledge and undertake that I have been informed by the data controller Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti., that I have read the Notice on the Protection and Processing of Personal Data, and that in this context I consent to the processing of my personal data for the purpose of carrying out direct or indirect marketing activities — including the purposes of conducting market research activities for the sale and marketing of products and services (gift plush toys, custom-made products, toys, textiles and similar), and planning and carrying out the marketing processes for products and services, activities relating to customer satisfaction and experience, campaign, promotion and publicity processes, and the marketing processes for giftasmile's products and services — and that I consent to commercial electronic messages such as advertisements, promotions and campaigns being sent to the contact details stated above in this notice, and, limited to this purpose, that I consent to the data controller recording my personal data and to it being shared with third parties."
Balz E-Ticaret Reklam Tekstil Sanayi Ve Ticaret Ltd. Şti. (giftasmile) reserves the right to update this Personal Data Protection Notice at any time in line with changes that may be made to the legislation in force.
