Privacy Policy - Op. Dr. Yücel Birinci

INFORMATION TEXT ON PROCESSING PERSONAL DATA “Information Text”

 Pursuant to the provisions of the Law No. 6698 on the Protection of Personal Data (“KVKK”) and the provisions of the European Union General Data Protection Regulation (GDPR), in accordance with the provisions of the Law No. 6698 on the Protection of Personal Data (“KVKK”) and the provisions of the European Union General Data Protection Regulation (GDPR), the Ear Nose and Throat Diseases Specialist Dr Yücel Birinci, who is located at the address of Kültür Mah. No:43 Interior door No:5 Konak-İZMİR address, Ear Nose and Throat Diseases Specialist Dr. Yücel Birinci’s practice / clinic (In the following, it will be briefly referred to as Physician / Doctor / Practice / Clinic / Employer), as the Data Controller, in the framework described below, your personal information will be recorded, stored, updated, disclosed to third parties in cases permitted by the legislation, transferred, disclosed to third parties, transferred. We inform you about our mutual rights and obligations within the scope of the aforementioned legal regulation, which may be disclosed to persons, transferred, classified and processed in the ways listed in the KVKK and GDPR.

Within the scope of the legal legislation, personal information necessary for the establishment of the Physician – Patient relationship and to provide you with health services (diagnosis, treatment, care services, etc.) in line with patient benefit and public health. Within the scope of the Private Hospitals Law, Private Hospitals Regulation, Health Implementation Communiqué, Patient Rights Regulation and other legislation, we will record your personal information necessary to provide you with health services as our clinic within the scope of the Private Hospitals Law, Private Hospitals Regulation, Health Implementation Communiqué, Patient Rights Regulation and other legislation, to record the identity, address, telephone, medical history and all other necessary information in order to determine the information of the patient served in order to provide you with health services; that we are obliged to arrange all records and documents to be included in the medical patient file that will be the basis of the transaction in electronic or paper media, – For the purpose of public health and preventive medicine services, the Ministry of Health and Provincial Health Directorates, Public Health Centres and other units affiliated to the Ministry of Health, We hereby inform you that your personal data will be shared with the relevant authorities and persons if requested by the competent authorities, including but not limited to the Social Security Institution and your insurance company if you use your private health insurance, or if requested by persons appointed by the competent authorities or within the scope of e-nabız and similar systems established, or within the scope of our notification and / or reporting obligation imposed on us.

PURPOSES OF PROCESSING PERSONAL DATA, COLLECTION METHODS AND LEGAL REASONS

To use your personal data for the establishment and performance of the Physician – Patient relationship and fulfilment of the provisions of the contract, for the services we can offer you; to record other necessary information including identity, address, tax number and personal health data in order to determine the information of the person who makes / makes the transaction; to organise all records and documents that will be the basis of the transaction in electronic (internet / mobile etc.) or paper environment; to comply with the information storage, reporting, information obligations stipulated by the legislation, competent institutions and other authorities; to improve the quality of service with marketing and statistical activities. ) or to issue all records and documents that will be the basis of the transaction in electronic (internet/mobile etc.) or paper media; to comply with the information storage, reporting and information obligations stipulated by the legislation, competent institutions and other authorities; to increase the quality of service with marketing and statistical activities, to provide the requested / other products / services and to provide special quality personal data; your personal data is processed due to communication, information and similar processes within the contractual relationship.
Your blood type, laboratory and imaging results, tests, allergies, chronic diseases, venereal diseases, infectious diseases, data regarding your previous surgeries/operations, your pulse information, medicines you use continuously, information about Covid-19 disease, medical treatments, prescription information, habits harmful to health, body analysis and death information and other health data and other personal data necessary for the treatment and applications to be applied to you; To be able to create a patient file, to carry out your preventive medicine, examination, medical diagnosis, treatment and care services, to carry out your controls after medical diagnosis and treatment processes, to manage the complication processes that may occur, to communicate with you one-to-one, to manage appointment processes, to manage patient satisfaction and demand management, to fulfil legal and contractual obligations, to keep the information regarding your health data that must be kept in accordance with the relevant legislation within the specified periods, To be able to inform third parties about the medical procedure applied, to plan and manage health services and financing, to ensure workplace safety, to fulfil the responsibilities arising from the legal relationship established between the doctor and the patient, to fulfil financial and administrative obligations, to ensure technical and commercial security and to fulfil public obligations.

Your Personal Data and Sensitive Personal Data mentioned above will be processed in line with the above-mentioned purposes and legislation in order to carry out the examination, preventive medicine, medical diagnosis, treatment and medical applications to be applied to you and to fulfil the obligations regarding your treatment. In case you do not provide your relevant personal data, the legal obligations imposed on the Physician and the practice that will provide services in your medical treatment will not be fulfilled properly and your treatment and/or recovery processes will not be carried out successfully.
Other scopes where your personal data may be processed are as follows, HR operations, internal operations of the practice, activities with legal, technical and administrative consequences, strategy, planning and business partners/suppliers, customer management, customer satisfaction, corporate communication activities, Planning and execution of events, planning and execution of in-practice training programmes, planning and execution of in-practice training programmes, protection of workplace safety, protection of worker and occupational health and safety, performance of after-sales services, performance of technical services, performance of collection transactions, to customers; Providing various advantages to customers through product-service promotion, information, personalised advertising, campaigns and other benefits, sending all kinds of service and commercial electronic messages, survey and tele-sales applications, statistical analysis, conducting studies to improve service quality and providing better service, issuing invoices for our services, procurement of services from external sources, providing customers with the benefits of expert organisations in order to receive services on issues that are not in their field of expertise and to receive technology services, benefiting from the requirements of the practice activities. Identity confirmation, Responding to questions and complaints, Taking necessary technical and administrative measures within the scope of data security, Ensuring financial reconciliation with relevant business partners and other third parties regarding the products and services offered, Providing the necessary information in line with the requests and audits of regulatory and supervisory institutions and official authorities, Maintaining information regarding the data that must be kept in accordance with the relevant legislation, Ensuring the audit of the consistency of the information, Measuring customer satisfaction, In terms of employees;Creating a personal file, determining whether they are capable of fulfilling the requirements of the job continuously, making private health insurance, creating a health file, taking occupational safety measures, making travel plans. In terms of employee candidates: Managing and planning the process of evaluating the suitability for open positions, Publishing the visual and audio data of the Practice and its employees, stands obtained in competitions, organisations, fairs, studies and other events held within the scope of the field of activity for the purpose of developing and sharing the business, Fulfilling legal obligations, Execution / follow-up of financial reporting and risk management transactions of the practice, Execution / follow-up of legal affairs, Creation and follow-up of visitor records. Planning and execution of employees’ use of machinery and equipment, execution Planning and execution of sales transactions, execution Planning and execution of procurement transactions, execution Planning and execution of collection transactions, Planning and execution of the use of clinical internet, common network, computer usage in accordance with the law, Planning and execution of the practice fair, activity, social projects, product and corporate promotion,

The aforementioned purposes are for informative purposes, and any other additions that may be added by us in order for the Muayanehane to carry out its future business activities will be announced with the updates to be made.

Your Personal Data, depending on the health service provided;

By means of your health reports, laboratory and imaging results, analyses, health reports and your declarations regarding your health data that you submit to the Physician and his/her Office for examination and treatment purposes in order to make a medical evaluation regarding the treatment to be applied to you,
By means of filling in the “Patient Information and Consent Form” regarding the treatment to be applied by the Physician and the Practice,
Through the contact form you filled out on the corporate website of the Physician Practice,
By means of e-mails you will send to the corporate e-mail address of the Physician and the Practice,
By means of photographs/video recordings recorded before, after and/or during the medical procedure applied to you in the physician’s office,
Upon your request and when necessary; In order to enable the Physician and the Practice to diagnose and control you online through remote access, your written / audio / visual (photo and / or video recording) messages and your written / audio / visual (photo and / or video recording) messages that you send to the Physician and the Practice using remote connection applications service providers (whatsapp / zoom.us/facetime/skype/messanger/google/instagram/facebook etc.) and through your written/audio/visual (photo and/or video recording) messages you send to the Physician and the Practice and your online audio/video calls you make through these applications,
By means of sending direct messages and/or commenting on the posts of the Physician and his/her Practice’s profile accounts on social media accounts (instagram, youtube, facebook, twitter, linkedin, etc.) whose server is located abroad, of which you are already a user by accepting their Privacy Policies and Overseas Transfer Principles,
Through your information that you have already transferred by accepting their Privacy Policies and Overseas Transfer Principles by allowing it to be processed automatically through panels such as “contact us” or “get information” in the promotions and advertisements made by the Physician and Muuayenehan in the promotions and advertisements made by the Physician and Muuayenehan through social media accounts (instagram, youtube, facebook, twitter, linkedin, google etc.) whose server is located abroad, is being processed.

Article 5/2 of the KVKK regulates the exceptions that make it possible to process personal data in accordance with the law. In this direction, the practice may process personal data in the presence of one of the other conditions (exceptions) written below, except for explicit consent. The basis of the personal data processing activity may be only one of the following conditions, or more than one of these conditions may be the basis of the same personal data processing activity.

These are: Explicitly stipulated in the Laws, It is mandatory to process personal data in order to protect the life or physical integrity of the person himself or another person who is unable to disclose his consent due to actual impossibility or whose consent cannot be validated, It is directly related to the establishment or execution of the contract, Fulfilment of the Legal Obligation of the Clinic, Publicisation of Personal Data of the Personal Data Owner, Data Processing is Mandatory for the Establishment or Protection of a Right, Data Processing is Mandatory for the Legitimate Interest of the Practice, provided that it does not harm the fundamental rights and freedoms of the data owner.

In addition, in accordance with Article 9/2/h, Article 6/1/b, Article 6/1/f of the GDPR, situations where your data can be processed without seeking explicit consent:

In order to carry out examination, medical diagnosis, treatment and care services, your Health Data, which is considered as Personal Data of Special Nature, will be processed by the Clinic, which is under the obligation to keep confidentiality as required by the Law, without seeking your explicit consent.Your Personal Data will be processed by the Clinic, without seeking your explicit consent, in order to carry out your controls after medical diagnosis and treatment processes, to communicate with you one-on-one, and to manage appointment processes.
In order to realise patient satisfaction and demand management, your Personal Data will be processed by the Clinic without seeking your explicit consent.

Based on legal obligations pursuant to Article 6/1/c of the GDPR, your Personal Data will be processed without your explicit consent in the following cases;

Creating a patient file.
Maintaining information about your health data that must be kept in accordance with the relevant legislation.
Issuing invoices by checking your fee payments.
Fulfilment of tax payments.
Fulfilment of obligations in accordance with the Ministry of Health Legislation.
Fulfilment of obligations in accordance with the Health Tourism Legislation.
Ensuring your data security.
Fulfilment of legal obligations before Judicial Authorities.
Performing administrative obligations before Administrative Institutions and Organisations.

PERSONS/ORGANISATIONS TO WHICH PERSONAL DATA MAY BE TRANSFERRED:

Persons, public institutions and organisations and private public institutions and organisations permitted by the provisions of the legal legislation, polyclinics and medical laboratories contracted by the physician and his/her practice and relevant persons, institutions and organisations in case of consultation. Personal data of special nature may be transferred to domestic and foreign places where services are received to carry out activities subject to the purposes specified in the legislation to which we are subject and to carry out insurance and financial activities and to fulfil insurance and financial services, which are secured by confidentiality agreements. Personal and special categories of personal data are stored in a secure environment that is not open to general use and are never shared with third parties unless authorised or under a legal obligation.

Your Personal Data and Sensitive Personal Data collected in accordance with the conditions and purposes within the scope of the Personal Data Processing Conditions specified in Articles 5 and 6 of KVKK No. 6698; In accordance with Articles 8 and 9 of KVKK. In accordance with Articles 8 and 9 of the LPPD, your Personal Data and Special Categories of Personal Data collected by the physician and his/her practice in accordance with Articles 8 and 9 of the LPPD, to carry out and develop examination, preventive medicine, medical diagnosis, treatment and care services, to receive consultation services from other specialist physicians when necessary, to fulfil administrative obligations regarding health tourism legislation, to plan transfer, accommodation and interpreter services of patients coming within the framework of health tourism, for the purposes of communicating with patients, managing control appointment processes, planning and managing health services and financing, fulfilling the responsibilities arising from the legal relationship established between the doctor and the patient, fulfilling financial, legal and administrative obligations, ensuring technical and commercial security and fulfilling public obligations, promoting the medical services offered; To the extent sufficient for the realisation of the purpose, by concluding the necessary confidentiality agreements and by providing all necessary administrative and technical security measures in accordance with the legislation. persons and institutions.

In this context, your Personal Data processed by the Physician and his/her Practice;

To other specialised physicians for consultation purposes,
Insured Employees,
Suppliers,
Financial Advisors, Tax and
Financial Consultants and Auditors
Legal Counsellor
Database (Server) Providers
“Clinic Management Software” Service Provider
Web Consultant
Translators
Data Protection Officer
IT Consultant
Tourism Agencies
Public Institutions and Organisations authorised under the laws,
It will be transferred to the Judicial Authorities.

PERSONAL DATA STORAGE

The method of collecting personal data; Your personal data can be collected verbally, in writing or electronically through all digital channels such as questions sent to our website, messages, telephone calls, etc.
The personal data we obtain are stored securely in physical or electronic media for an appropriate period of time in order to fulfil the activities of the Physician and his/her Practice. Within the scope of the said activities, the physician and his/her practice act in accordance with the obligations stipulated in all relevant legislation, especially KVKK, regarding the protection of personal data.
Except for the cases where it is permitted or required to keep personal data for a longer period of time in accordance with the relevant legislation, in the event that the purposes of processing personal data expire, the data will be deleted, destroyed or anonymised by the Physician and his/her Practice ex officio or upon the request of the data owner and the request of the data owners with different techniques that can be used. In the event that personal data are deleted by means of such methods, these data will be destroyed in such a way that they cannot be used and recovered in any way again.

In cases where the data controller has a legitimate interest, personal data may be retained, provided that the law permits it, provided that the fundamental rights and freedoms of the data subjects are not harmed despite the expiry of the purpose of processing and the periods specified in the relevant laws. After the expiry of the aforementioned limitation period, personal data will be deleted, destroyed or anonymised according to the above-mentioned procedure.

MEASURES TAKEN FOR DATA SECURITY
The practice takes all necessary technical and administrative measures to ensure the appropriate level of security required for the protection of personal data. The measures stipulated in Article 12(1) of the KVKK are as follows: To prevent unlawful processing of personal data, To prevent unlawful access to personal data, To ensure the preservation of personal data.

PROCESSING OF IMAGE RECORDINGS
Image recording of visitors, employees and other relevant persons is taken at the entrances of the building by the practice and the building where the practice is located, in order to ensure the general and service security of its facilities and businesses, in accordance with the basic principles stipulated in the KVKK.

PROCESSING OF PERSONAL DATA OF BUSINESS PARTNERS
Within the scope of the fulfillment of the activities established with business partners such as medical practice, medical laboratory, product purchase/sale supplier, the personal data of the employees of the business partners may be processed in order to fulfill the legal and commercial security of the mutual work, if it is mandatory for the fulfillment of the work or to ensure the functioning of the service activity with the purposes specified in the law, to fulfill human resources objectives and policies.

APPLICATION PROCEDURE AND RIGHTS
Your rights pursuant to Article 11 of the KVKK; By applying to us, your personal data; a) to learn whether it has been processed, b) to request information about it if it has been processed, c) to learn the purpose of processing and whether it is used in accordance with its purpose, ç) to know the third parties to whom it has been transferred domestically / abroad, d) to request correction if incomplete / incorrectly processed, e) We inform you that you have the right to request deletion / destruction within the framework of the conditions stipulated in Article 7 of the KVKK, f) to request notification of the transactions made in accordance with subparagraphs (d) and (e) above to the third parties to whom it is transferred, g) to object to the occurrence of a result to your detriment due to the analysis exclusively by automated systems, ğ) in case you suffer damage due to unlawful processing, you have the right to demand the compensation of the damage from our Practice.

Your requests in your application will be finalized free of charge within thirty days at the latest, depending on the nature of the request. However, if the transaction requires an additional cost for the Practice, the fee in the tariff determined by the Personal Data Protection Board in the Communiqué on the Procedures and Principles of Application to the Data Controller may be charged. Pursuant to paragraph 1 of Article 13 of the KVKK, Personal Data Right Holders can make their request to exercise their specified rights through the methods and information specified in the “Communiqué on the Procedures and Principles of Application to the Data Controller” published in the Official Gazette dated March 10, 2018 and numbered 30356.

Exceptions to the Right of Application Pursuant to Article 28 of the KVK Law, it will not be possible for personal data owners to assert their rights on the following issues.
– Processing of personal data for purposes such as research, planning and statistics by anonymizing them with official statistics
– 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 national defense, national security, public security, public order, economic security, privacy of private life or personal rights or constitute a crime
– Processing of personal data within the scope of preventive, protective and intelligence activities carried out by public institutions and organizations authorized by law to ensure national defense, national security, public security, public order, economic security

Processing of personal data by judicial authorities or enforcement authorities in relation to investigation, prosecution, trial or execution procedures
Pursuant to Article 28/2 of the PDP Law; Article 10 regulating the disclosure obligation of the data controller, Article 11 regulating the rights of the data subject, except for the right to claim compensation for the damage, and Article 16 regulating the obligation to register with the Data Controllers Registry, provided that it is appropriate and proportionate to the purpose and basic principles of the Law, shall not apply in the following cases:

– Processing of personal data is necessary for the prevention of crime or criminal investigation
– Processing of personal data made public by the personal data subject himself/herself
– Personal data processing is necessary for the execution of supervisory or regulatory duties and disciplinary investigations and prosecutions by authorized and authorized public institutions and organizations and professional organizations in the nature of public institutions based on the authority granted by law
– Personal data processing is necessary for the protection of the economic and financial interests of the state in relation to budget, tax and financial matters

RIGHTS OF DATA SUBJECTS UNDER THE GDPR

As a Data Subject, your Personal Data is also protected under the GDPR. The rights of Data Subjects (citizens of the European Union or residents of European Union countries) in cases where they fall under the jurisdiction of the GDPR are as follows;
Right of Access (Article 15 of the GDPR): The data subject has the right to confirm whether personal data concerning him/her is being processed by applying to the Kiniek and to learn the details specified in Article 15 of the GDPR in case personal data is processed.
Right to Correction (Art. 16 GDPR): The Data Subject has the right to have his/her personal data, which are in the possession of the Clinic and which have changed, corrected by applying at any time.
Right to Erasure (Article 17 of the GDPR): The Data Subject has the right to request the erasure of his/her personal data held under the responsibility of the Clinic. If the matters specified in Article 17 of the GDPR occur, your personal data will be deleted by the Clinic without delay.

Right to Restriction of Processing (Art. 18 GDPR):
In the event that Data Subjects dispute the timeliness of their Personal Data, they have the right to request the restriction of the use of the data as a Data Subject until the accuracy of the Personal Data is confirmed by the Clinic.

In cases where the Data Subject requests the deletion of his/her Personal Data due to the unlawfulness of the Personal Data processing activity, he/she has the right to request the restriction of the use of the data until his/her request is realized.
The Data Subject has the right to request restriction of the use of his/her data in cases where his/her personal data is no longer needed for the purpose of processing by the Clinic.

Where Data Subjects object to the processing pursuant to Article 21/1 GDPR, they have the right to request restriction of the use of their data until it is verified whether the Clinic’s legitimate reasons for processing outweigh the Data Subject’s legitimate reasons.

Right to Data Portability (Art. 20 GDPR): The Data Subject has the right to request the transfer of his/her Personal Data held by the Clinic to another controller at any time, if technically feasible. However, this right may be exercised when the data processing is based on consent or when required by the contract.
Right to object (Article 21 GDPR)
The data subject has the right to object to the processing of Personal Data under Article 6(1)(e) and (f) of the GDPR on grounds relating to his or her particular situation.

We would like to inform you that we continue our activities with the awareness that personal data security is at the forefront in all our products and services we offer to you.

CONSENT and APPROVAL
By reading and accepting this Clarification Text, you are deemed to have accepted, declared and undertaken that you have full and complete information about the data processing process carried out by the Physician and his/her Practice, that you have learned your rights under the KVKK and GDPR, and that you freely and freely consent to the PROCESSING of your Personal Data and Sensitive Personal Data by the Physician and his/her Practice within the scope of this Clarification Text.

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