KVKK Clarification Text

Clarification Text Regarding Personal Data

1. Introduction

At Nihan Istanbul, we strive to protect the privacy of our members who use our site to ensure they can benefit from our services safely and completely. This Clarification Text (“Clarification Text”) has been prepared to ensure that personal data of our members are processed in accordance with the Personal Data Protection Law No. 6698 (“Law”) and other relevant legislation, and to inform relevant individuals whose data is processed about their rights and to enable them to exercise their rights effectively.

The purpose of this Clarification Text is to establish the terms and conditions regarding the use of personal data shared by the members/visitors/users (collectively referred to as “Relevant Person”) with Nihan Istanbul or processed by Nihan Istanbul during the operation of the website www.nihanistanbul.com and mobile application (collectively referred to as the “Platform”).

2. Definitions

The concepts of personal data, sensitive personal data, and data processing used in this clarification text are based on the definitions in the Law. The concept of “personal data” in the Law refers to any information relating to an identified or identifiable natural person; “processing of personal data” refers to any operation which is performed upon personal data such as collection, recording, storage, preservation, alteration, adaptation, disclosure, transfer, acquisition, retrieval, classification, or prevention of use, whether wholly or partly by automatic means or otherwise, provided that it is a part of any data recording system.

3. Principles of Processing Personal Data

Pursuant to Article 4 of the Law, personal data belonging to the data owner shall be processed by the data controller company in accordance with the principles of lawfulness and fairness, accuracy and, where necessary, up-to-dateness, processing for specific, explicit, and legitimate purposes, being relevant, limited, and proportionate to the purposes for which they are processed, and being stored for the period stipulated in the relevant legislation or necessary for the purposes for which they are processed.

4. Which Data Are Processed? What Is the Purpose of Processing Personal Data?

To provide better services to you, to manage and complete your order processes, to respond to the requests of visitors who submit complaints, requests, and suggestions through our website, to identify and resolve problems, and to communicate with individuals during these processes; to ensure the security of our website; to resolve potential legal disputes in the future; to make necessary notifications to relevant institutions if required by law; to provide you with information about products, services, campaigns, and promotions; to better understand your shopping preferences, to perform trend analysis and statistical analyses, and to strengthen the security of the site; and to fulfill our legal obligations arising from the Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications, the Law No. 6563 on Regulation of Electronic Commerce, the Turkish Penal Code No. 5237, and the Personal Data Protection Law No. 6698, including secondary regulations of these laws, we process certain data that can directly or indirectly identify you, including but not limited to (i) your name, (ii) your surname, (iii) your email address, (iv) your phone number, (v) your gender, (vi) your date of birth, (vii) your Turkish ID number, (viii) your tax ID number, (ix) your personal interests, (x) your billing and (xi) delivery addresses; and (xii) information shared through social media accounts if you connect via those channels, in accordance with the conditions for processing personal data specified in Articles 5 and 6 of the Law.

In addition to these data, we collect and process aggregated statistical data that do not contain personal information, such as site visit frequency and times, order placement times, IP address at the time of order, statistics of visited product pages, and ordered products, to analyze and understand visitor movements and preferences. We process and store these personal data based on your explicit consent, for the purposes and scope specified in this Clarification Text, and by taking appropriate information security measures to ensure that they are not used outside the purposes specified.

We use some of your data collected in the database for periodic campaign activities, special promotional activities for customer profiles, and customer classification studies to prevent the transmission of unwanted emails and in accordance with the relevant legal regulations. When you use a credit card to pay for a product, you accept the sharing of your credit card number, credit card expiration date, CVV2 code, and similar information with banks. However, the credit card and/or bank card information used during the order creation process are not stored in our systems.

Nihan Istanbul is free to retain any records of a terminated membership account, provided they are anonymized. When anonymized, the data lose their identifying characteristics and are no longer considered personal data. The member cannot make any claims or demands for compensation related to anonymized records. We may share your personal data with third parties with whom we collaborate to provide our services (such as cargo, shipment, call center, database, etc.) and with official institutions to fulfill our legal obligations.

However, we will not use your personal data for any commercial purposes or share them with third parties outside the activities listed above and the requirements of the relevant legislation.

5. Transfer of Your Personal Data

Our company acts in accordance with the regulations stipulated in the Law regarding the transfer of personal data. Except for exceptional cases specified in the legislation, personal data and sensitive personal data are not transferred to other natural or legal persons by us without the explicit consent of the Data Subject. In exceptional cases provided by law and other legislation, personal data may be transferred to authorized administrative or judicial institutions or private organizations in accordance with the procedures and limitations specified in the legislation.

Your personal data may be transferred to:

  • Authorized official institutions and organizations and legally authorized private persons to fulfill legal obligations or for the establishment, use, or protection of rights belonging to the company;

  • Our subcontractors and services we receive in the location where the customer is located for the purposes of resolving customer complaints, meeting customer requests, and maintaining communication with the customer;

  • Banks for receiving payments;

  • Our company partners and/or our company’s solution partners and consultants

within the framework of the procedures and principles stipulated in the relevant legislation and in accordance with the conditions for transferring personal data specified in Articles 8 and 9 of the Law. Your personal data may be transferred directly or indirectly to our domestic or international shareholders, subsidiaries, and/or affiliates; organizations we contractually receive services from to carry out our activities, collaborate with, and other third parties, from time to time.

6. What Are the Rights of the Personal Data Owner?

Pursuant to Article 11 of the Law, data owners can contact the Company, which acts as the data controller, to:

  • Learn whether their personal data is processed, and request information if their personal data has been processed,

  • Learn the purpose of processing personal data and whether they are used in accordance with their purpose, and know the third parties to whom personal data are transferred within the country or abroad,

  • Request the correction of incomplete or incorrect data if their personal data has been processed incorrectly, and request the notification of this correction to third parties to whom personal data have been transferred,

  • Request the deletion or destruction of personal data within the framework of the conditions stipulated in Article 7 of the Law,

  • Request the notification of the deletion or destruction process to third parties to whom personal data have been transferred,

  • Object to any result that is to their detriment due to the analysis of processed data exclusively by automated systems, and request the compensation of the damage if they suffer any damage due to the unlawful processing of personal data.

Requests regarding the use of these rights can be conveyed by Relevant Persons using the methods specified in the Policy on the Site. Nihan Istanbul will resolve these requests within thirty days. Nihan Istanbul reserves the right to charge a fee based on the tariff determined by the Personal Data Protection Board for such requests.

7. How Long Are Personal Data Stored?

Pursuant to the Law No. 6563 on Regulation of Electronic Commerce, records of withdrawal of consent are retained for 1 year from this date; the content of commercial electronic messages and other related records are retained for 3 years to be presented to the relevant ministry when necessary, and if a product or service purchase is made, for the duration of the legal obligation, but in any case for at least 10 years. After this period, your personal data will be deleted, destroyed, or anonymized by our company or upon your request.

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