- AIM
As Fortuna-tr, our priority is to process the personal data of real persons, including our members, customers, visitors, suppliers and employees, in accordance with the relevant legislation, primarily the Constitution of the Republic of Turkey, the International Conventions on Human Rights to which our country is a party, and the Personal Data Protection Law No. 6698 (“LPPD”), and to ensure that the rights of the persons whose data is processed are effectively exercised.
For this reason, we carry out the processing, storage and transfer of all personal data regarding our employees, suppliers, customers, visitors, members, users visiting our stores, website and mobile applications, in short, all personal data we obtain during our activities, including but not limited to the ones listed, in accordance with the Fortuna-tr Personal Data Protection and Processing Policy (“Policy”).
The protection of personal data and the protection of the fundamental rights and freedoms of real persons whose personal data is collected are the basic principles of our policy regarding the processing of personal data. Therefore, we carry out all our activities in which personal data is processed by observing the protection of privacy, privacy of personal information, privacy of communication, freedom of thought and belief, and the right to use effective legal remedies. For the purpose of protecting personal data, we take all administrative and technical protection measures required by the nature of the relevant data in accordance with the legislation and current technology.
This Policy explains the methods we follow regarding the processing, storage, transfer and deletion or anonymization of personal data shared during our commercial, promotional-marketing or social responsibility and similar activities, within the framework of the principles referred to in the Personal Data Protection Law.
- SCOPE
All personal data processed by the Company, including our visitors, business contacts, business partners, employees, suppliers, members, and third parties, are within the scope of this Policy. Our Policy is applied to all activities related to the processing of personal data owned or managed by the Company and has been handled and prepared in accordance with the KVKK and other relevant legislation on personal data and international standards in this field.
- DEFINITIONS AND ABBREVIATIONS
In this section, special terms and expressions, concepts, abbreviations, etc. used in the Policy are briefly explained.
Explicit Consent : Approval given on a specific subject, based on information and free will, with clarity that leaves no room for hesitation, and limited only to that transaction.
Anonymization : Making personal data incapable of being associated with an identified or identifiable natural person, even when matched with other data.
Employee : Company Personnel.
Personal Data Owner (Relevant Person) : The natural person whose personal data is processed.
Personal Data : Any information relating to an identified or identifiable natural person.
Special Personal Data : Data regarding individuals’ race, ethnic origin, political opinion, philosophical belief, religion, sect, or other beliefs, health information, fingerprints, appearance and dress, membership in associations, foundations or unions, health, sexual life, criminal convictions, and security measures, as well as biometric and genetic data.
Processing of Personal Data : Any operation performed on personal data, such as obtaining, recording, storing, changing, reorganizing, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data, in whole or in part, by automatic means or non-automatic means provided that it is part of any data recording system.
Data Processor : Natural or legal person who processes personal data on behalf of the data controller based on the authority granted by the data controller.
Data Controller : The natural or legal person who determines the purposes and means of processing personal data and is responsible for establishing and managing the data recording system.
KVK Board : Personal Data Protection Board.
KVK Authority : Personal Data Protection Authority.
KVKK : Personal Data Protection Law published in the Official Gazette dated April 7, 2016 and numbered 29677.
Policy : Fortuna-tr Personal Data Protection and Processing Policy.
(Membership System) : Membership system of the Company and the Company’s digital platforms.
- ROLES AND RESPONSIBILITIES
4.1. Board of Directors
The Board of Directors is responsible for overseeing the determination and operation of notification, investigation and sanction mechanisms in case of non-compliance with the Policy, rules and regulations.
The Personal Data Protection and Processing Policy has been approved by the Board of Directors.
It is the authorized approval mechanism for ensuring that the policy is created, implemented and updated when necessary.
4.2 Control Unit
The Audit Unit is responsible for taking the necessary measures to ensure compliance with the Policy by the employees and the companies from which external services are received, and for examining the issues in violation of the Policy.
4.3 Information Systems Commission
The Information Systems Commission is responsible for the preparation, development, implementation and updating of this Policy. It evaluates this Policy in terms of its currency and development needs when necessary. The Information Systems Commission Manager is responsible for publishing the prepared document on the institution portal.
- LEGAL OBLIGATIONS
As a data controller, the legal obligations within the scope of the protection and processing of personal data in accordance with the KVKK are listed below:
5.1. Our obligation to inform
While collecting personal data as the data controller, we have the obligation to inform the Relevant Person about the following;
The purpose for which your personal data will be processed Our
identity, information regarding the identity of our representative, if any
To whom and for what purpose your processed personal data can be transferred Our
data collection method and legal basis
Rights arising from the law.
As a company, we take care to ensure that this Policy, which is open to the public, is clear, understandable and easily accessible.
5.2. Our obligation to ensure data security
As the data controller, we take administrative and technical measures as required by the legislation to ensure the security of personal data in our possession. Obligations and measures taken regarding data security are detailed in sections 9 and 10 of this Policy.
TERMS OF USE, GENERAL CONDITIONS AND LIABILITY
These terms and conditions regulate the rules of use of the site. Please read the following terms of use before using the www.Fortuna-tr website. All Users who use the Fortuna-tr website in any way will be deemed to have accepted the terms on this page.
The term “User” used in this text refers to any natural or legal person who uses the site in any way, whether or not by logging in as a member.
The terms of use on this page may be changed unilaterally by Fortuna-tr at any time, provided that the changes are clearly stated on this page, and these changes shall become effective immediately upon the posting of the amended agreement on the site. Users shall be deemed to have unconditionally accepted the terms published on this page when they use Fortuna-tr services in any way. By agreeing to review the agreement periodically in order to be informed of these changes, your continued access to or use of the site shall mean that you have definitively accepted the amended terms of use.
You may not modify or adapt the Fortuna-tr Service or alter any other website in a way that gives the false impression that it is associated with or affiliated with the Fortuna-tr Service.
Fortuna-tr stores users’ personal information only to provide certain services, to provide content and advertisements on the site according to users’ requests, and to inform them about new services. Fortuna-tr users have the opportunity to change their personal information during their navigation on the website. This information can only be changed by the user.
During the navigation of Fortuna-tr users on the site, the sections visited and areas clicked on are automatically recorded. This data is used only to determine the viewing and following rates of sections and different areas. In cases where the technology called “cookie” is used, which determines where the pages are visited or how they are visited, it is collected as statistical data in determining the viewing and clicking rates of different areas of the site; it is not a personalized application. The aim of this technology is to make the content of the sections that users visit more frequently more accessible to the user from the first visit to the site. In order to increase the quality of the content provided to the users and to provide direct access to some services, data regarding geographical location information can be recorded and used if the user approves.
Fortuna-tr does not undertake to provide uninterrupted or specific service to its website users. Similarly, it does not make any recommendations or suggestions to the user regarding the operation and management of the website being error-free and uninterrupted, the correction of any faults, defects and malfunctions, the website being cleansed of harmful elements and viruses, and no assurance or guarantee is given to the user in these matters. The information in these Terms of Use is provided solely for the purpose of informing the user; it does not constitute advice on legal, medical, financial, investment, tax, accounting and other similar issues. The responsibility for any action you take by relying on the information published on the Fortuna-tr website belongs entirely to you.
The information in these Terms of Use is provided solely for the purpose of informing the user and does not constitute advice on legal, medical, financial, investment, tax, accounting or other similar matters. Any action you take by relying on the information published on the Fortuna-tr website is entirely your responsibility.
Fortuna-tr reserves the right to change, refuse to publish or remove from publication any information, material or content that constitutes or encourages a criminal act, is threatening, contains insults and profanities, is degrading, pornographic, disturbing or immoral, discriminates against gender or race, and to freeze or terminate the memberships of users who engage in such behavior.
This site provides links and referrers to websites managed by third parties, and uses content from third party websites. The information, products and services on third party websites are not operated or controlled in any way. Furthermore, this does not mean that the accuracy and reliability of the content of third party websites are approved. Therefore, no responsibility is accepted for the information or ideas on third party websites. Again, it should never be understood that the accuracy and reliability of the web content of the links provided by third parties to the site are approved by us.
Users are obliged not to violate the legal rights of third parties in any way when using any content or communication system on the Fortuna-tr website. Fortuna-tr accepts no legal or criminal liability for such violations, and any legal and criminal liability that may arise from such violations belongs exclusively to the User.
Fortuna-tr board members, managers, group companies, affiliates, employees, persons preparing the information and/or portal services on this site cannot be held responsible for any direct and/or indirect material and/or moral, negative and/or positive damages arising from access to this Fortuna-tr website, direct or indirect use of the information and/or portal services on the site, under any name whatsoever. You cannot create an account with Fortuna-tr unauthorized methods, including, but not limited to, using an automatic device, code, bot, spider, bug or scraper.
You must not attempt to restrict any other user from using or enjoying the Fortuna-tr Service and you must not encourage or facilitate any violation of these Terms of Use or any other Fortuna-tr terms.
Any behavior or action aimed at rendering the site inoperable, seriously slowing it down, or damaging software and hardware systems is prohibited. This prohibition also includes making numerous inquiries or membership registrations using automatic programs or sending numerous requests or information to the site using automatic methods. Fortuna-tr has the right to block access to the site by Users it detects engaging in such activities and to initiate legal action. Fortuna-tr website users shall not transmit any content, software, or any other material containing a virus or other harmful element to the website.
Any violation of these Terms of Use may result in the termination of your Fortuna-tr membership, at the sole discretion of the Fortuna-tr site. You acknowledge that the Fortuna-tr site is not and cannot be responsible for the Content you share on the Fortuna-tr Service and that the risks you may encounter while using the Fortuna-tr Service are entirely your responsibility. If you violate the spirit or text of these Terms of Use in any way or expose the Fortuna-tr site to a risk or other possible legal sanction, we may partially or completely terminate the Fortuna-tr Service to you.
Fortuna-tr does not accept liability for any damages that may occur as a result of the use of users’ personal information within the framework of the above conditions.
In e-mail communications, if the message is not encrypted, the security of the message cannot be guaranteed and Fortuna-tr users are responsible for the security of the e-mails to be sent.
You are responsible for all actions taken through your membership and you agree not to sell, transfer, assign or permit to be used your membership, username or other membership rights. Except for individuals or businesses that have express authorization to create accounts on behalf of their employers or clients, Fortuna-tr prohibits you from creating, and you agree not to create, an account on behalf of anyone other than yourself. You also agree that all information you provide or will provide when registering on the Fortuna-tr site and at other times is true, accurate, current and complete and that you will update your information as necessary to keep it true and accurate.
You agree not to solicit, collect or use login information from other Fortuna-tr users. You may not use the Fortuna-tr Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules and regulations, including but not limited to copyright laws, when using the Fortuna-tr Service and Your Content (defined below).
Your behavior and all data, text, files, information, usernames, images, graphics, photographs, profiles, audio and video clips, sounds, musical pieces, original works, applications, links and other content and materials (collectively referred to as the “Content”) that you send to the Fortuna-tr Service or share or display on the Fortuna-tr Service are your sole responsibility. Fortuna-tr users may post their opinions related to the content on the site in ‘comments’. The responsibility for the opinions conveyed by the users belongs to the user and the responsibility cannot be directed to the Fortuna-tr site.
Fortuna-tr website users accept and undertake that they have obtained the necessary permissions from the relevant personal rights holders regarding the personal information and information and/or content regarding the private life of individuals included in the content, and that they will not use the content or information that violates someone else’s personal rights, privacy rights or publication rights or that is protected by any intellectual and industrial property rights, including other property rights, within the scope of the website without obtaining prior written permission from the owner or the person who holds the rights.
Fortuna-tr website users shall not transmit any illegal, threatening, disturbing, violent, terrorist, insulting, swearing or slanderous, degrading, rude, pornographic, disturbing, threatening, harassing or insulting content, or content that is against morality, social order, may harm the private life, personality and other rights of individuals and/or institutions, including any kind and form of transmission that constitutes a crime, requires legal follow-up, creates or encourages a situation that is contrary to local or international laws, shall not upload/publish any messages or content that may disturb members in any way to public areas or private message areas. The publication of such content through Fortuna-tr shall not mean that Fortuna-tr, the service provider, assumes any responsibilities that may arise in terms of content that is against the law or violates the rights of third parties.
Fortuna-tr website users shall avoid any behavior that may lead to unfair competition in commercial terms, that may mean taking advantage of commercial reputation, and shall not copy the existing content on the website in any way. If users provide incorrect and outdated information to the Fortuna-tr website, or if there is any doubt about the accuracy and updatality of the information, Fortuna-tr website reserves the right to suspend or terminate the services.
Fortuna-tr website users will not prevent any other user from using the website or from using it as they wish. The use of comment areas as an advertising medium for other websites or commercial goods and services is prohibited.
We reserve the right to refuse access to the Fortuna-tr Service to anyone at any time for any reason.
We reserve the right to change and/or revoke the right to use any username for any reason.
We may, but have no obligation to, remove, edit, block and/or monitor any Content or accounts containing Content that we determine in our sole discretion violate these Terms of Use.
Users have the right to terminate their membership at any stage. In case of account closure by either the User or Fortuna-tr, all licenses and other rights granted to you in these Terms of Use will immediately cease to be valid.
The terms of use on this page may be changed unilaterally by Fortuna-tr at any time, provided that the changes are clearly stated on this page, and these changes shall become effective immediately upon the posting of the amended agreement on the site. Users shall be deemed to have unconditionally accepted the terms published on this page when they use Fortuna-tr services in any way. By agreeing to review the agreement periodically in order to be informed of these changes, your continued access to or use of the site shall mean that you have definitively accepted the amended terms of use.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Fortuna-tr website users will avoid any behavior that will lead to unfair competition in commercial terms, that may mean taking advantage of commercial reputation, and will not copy the existing content on the website in any way. All materials on the site, including code and software, are protected in accordance with the legal legislation regarding Intellectual and Industrial Property Rights.
Titles and spots of the content published on the Fortuna-tr site can be used on users’ websites and forums by specifying the source, and relevant links can be provided. However, all partner content published on the Fortuna-tr site is subject to intellectual and industrial rights. Copying, republishing or redistributing news content, photographs and images without the prior written consent of the partners is expressly prohibited.
Fortuna-tr users shall be entitled to all property rights on all kinds of text, photographs, videos, software, information, visual, auditory materials and other applications including but not limited to these and/or their processing in case of processing and/or sound recordings and/or all kinds of arrangements and versions created and/or all kinds of determinations obtained from and/or related to these (Hereinafter referred to as “Content”) that they upload to the website, and their financial rights arising from being the owner of the work and the Law on Intellectual and Artistic Works numbered 5846 in the form of reproduction, distribution, processing, transmission to the public through means of signal, sound and/or image transmission, representation and/or their related rights arising from being the performer and/or producer, determination of the form, time and place of presentation to the public and making any changes to the work and their rights arising from the design, brand, registering the designs and applying them to the products and all other intellectual and industrial rights, personal rights of image/sound/content owners, in all kinds of media/platform/product/material/organization etc. determined by Fortuna-tr. (radio, TV, internet, cinema, direct marketing activities, press conferences, written and visual media including wap, kiosk, mobile phone in electronic or digital/digital environments, telephone switchboard and IVR music, telephone ring tones etc.) Value Added Services (Cell broadcast, WAP/GPRS, mobile music, mobile video, listen while playing, Mobile TV, Video streaming and all other song download services and/or new generation mobile technologies to be developed after this date) within the scope of all kinds of services, environments, satellites, cables, other digital, wired and wireless tools and without being limited to these and in a way that can be transferred to others, without any time and medium restriction, to be used in Turkey and in the world, without requesting any fee, the said Contents to be published without prior permission and/or to be viewed/watched by third parties to be determined by itself and the said contents and the system records related to these contents (uploading the contents to the system, removing them etc.) Fortuna-tr accepts, declares and undertakes that he/she consents to the recording/processing of his/her personal data and sharing it with the companies providing the infrastructure.
Fortuna-tr website users accept and accept that they are the full and sole owners of all property rights, financial rights arising from being a producer and/or performer, personal rights of image/sound/content owners on the content in question and any element constituting an Intellectual and Industrial right included in the content, reproduction, distribution, processing, transmission to the public by means of means for transmitting signs, sounds and/or images, and related rights arising from being a producer and/or performer, and the personal rights of image/sound/content owners, and that they can use the content in accordance with the conditions of authenticity regulated in Articles 48 and 52 of FSEK, in writing, without any limitation and without any time limitation, in Türkiye and all over the world, in any product/platform/material/organization/media, etc. They accept and undertake that they have taken over the works in a manner that can be transferred to third parties, that they have obtained permission, that they are the right holders, that they are responsible for all fees to be paid to the Professional Associations due to the works, that these rights are theirs, that they have the ability and legal authority to transfer these rights, and that no third party has any direct or indirect restriction, financial, moral or commercial right under any name or title on these rights.
These Terms of Use are governed by the laws of the Republic of Turkey. If any provision of this agreement is illegal, invalid or for any reason legally unenforceable, that provision may be removed from this agreement. However, this does not affect the validity and legal enforceability of the remaining provisions.
Istanbul Courts and Enforcement Offices are authorized to resolve disputes that may arise from the implementation of the above-mentioned provisions and legal relations.
INFORMATION AND CONSENT REGARDING THE PROCESSING OF PERSONAL DATA
In accordance with the “Personal Data Protection Law” numbered 6698 published in the Official Gazette dated April 7, 2016, Fortuna-tr has adopted a number of basic rules as the “Data Controller” in order to protect the confidentiality of all personal data belonging to Fortuna-tr users.
Protection of Personal Data According to the Law on the Protection of Personal Data numbered 6698 (“LPPD”), any information that enables the identification of a natural person to be determined or identifiable is within the scope of personal data. Your personal data held by Fortuna-tr will be recorded, stored, preserved, kept, updated in our systems by our Company, acting as the Data Controller, for the reasons, purposes and methods explained below, in accordance with the information storage, reporting and information obligations stipulated by the relevant legal regulations and legal authorities, and may be disclosed/transferred to third parties, classified and processed in the ways listed in the LPPD, in cases permitted by the legislation and within the legal limits. Fortuna-tr aims to protect the justified trust of the user in the institution by acting in accordance with these basic rules. Therefore, we kindly request that you obtain information on the legal issues listed below.
Obligation to Disclose : Our Company, as the “Data Controller”, is obliged to act in accordance with the “Personal Data Protection Law” regarding your Personal Data. As the data controller; it will store your personal data and special personal data, but in cases where the legislation permits, it may share it with third parties resident in the country and abroad, classify it and process it in the manner specified in the Law.
Personal Data Collection Method : Your personal data may be collected by Fortuna-tr in written or electronic environment. We declare and undertake that we will comply with the relevant Laws and the principle of honesty as specified in Article 4, Paragraph 2 of the Law while preserving this data and that we will keep your data accurate and up-to-date when necessary. In order to avoid any doubt, the obligation to keep up-to-date specified in Article 4, Paragraph 2-b of the Law will be limited to the extent that Fortuna-tr users’ personal or private personal data is reported to the company. Fortuna-tr is obliged to take all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent the unlawful processing of personal data, to prevent unlawful access to data, and to ensure the preservation of personal data.
Purposes and Legal Reasons for Processing Personal Data : Fortuna-tr requests you to share your personal data by recording some of your personal information in the mobile application in order to provide service to you, the user, in accordance with Article 4 of the Law on the Protection of Personal Data No. 6698 and in any case, provided that the exceptional cases specified in subparagraphs a, c and e of paragraph 2 of Article 5 are not exceeded. Fortuna-tr stores users’ personal information only to perform certain services, to provide content and advertisements on the site according to the requests of users and to inform about new services. Fortuna-tr users have the opportunity to change their personal information during their navigation on the website. This information can be changed by Fortuna-tr and by the user at any time if deemed necessary. The features of Fortuna-tr users such as the sections visited and the areas clicked during their navigation on the site are automatically recorded. This data is used only to determine the viewing and following rates of sections and different areas. In cases where the technology called “cookie” is used, which determines where the pages are visited or how they are visited, statistical data is collected in the same way in determining the viewing and clicking rates of different areas of the application; it is not a personalized application. The aim of this technology is to make the content of the sections that users visit more frequently more accessible to the user from the first visit to the site.
Fortuna-tr may process information with persons, institutions and organizations authorized by our laws and with those permitted to process information within the scope of relevant laws, in the manner specified in the Law.
Persons/Organizations to Which Personal Data May Be Transferred : Fortuna-tr institutions and organizations permitted by legal legislation; but not limited to these, all official authorities, customers, solution partners and other third parties with whom Fortuna-tr site engages in commercial activities under contracts to which it is a party. Fortuna-tr has the right to disclose information about its users if required by the following situations: 1. If the user has permission and approval to share personal information, 2. In order to determine user profiles to be used within the Fortuna-tr site itself, 3. In order to develop and provide the products and services requested by the user from the Fortuna-tr site or to resolve problems related to the services and tools offered to you, 4. To companies it works with (collaborates with) while offering products and services to the user, to be used in providing these products and services, 5. During legal investigations, as required by court order or legal procedures.
Deletion of Personal Data: Your data stored within the scope of the Law will be deleted, destroyed or anonymized upon your request, if the reasons requiring the processing of your data are eliminated, under the conditions to be determined by the Regulation mentioned in the 3rd paragraph of Article 7 of the Law.
Your Rights Within the Framework of Article 11 of the Law: By applying to the Fortuna-tr website, you have the right to; a) learn whether your personal data has been processed, b) request information if your personal data has been processed, c) learn the purpose of processing your personal data and whether it is used in accordance with its purpose, ç) know the third parties to whom your personal data has been transferred domestically / abroad, d) request correction of your personal data if it has been processed incompletely / incorrectly, e) request deletion / destruction of your personal data within the framework of the conditions stipulated in Article 7 of the Law, f) request notification of the transactions made pursuant to clauses (d) and (e) above to third parties to whom your personal data has been transferred, g) object to the emergence of a result to your detriment due to the analysis of your personal data exclusively by automated systems and ğ) request compensation for the damages in case you suffer damages due to the unlawful processing of your personal data.
Fortuna-tr may record and use your geographical location information if you give your consent to improve the quality of the content provided to you and to provide direct access to some services. This information letter and consent form are part of the usage and privacy agreement that you have accepted.
Within the framework of these explanations, I accept, declare and undertake that I consent to the collection, processing, updating, periodic checking, keeping and storage of my personal data by Fortuna-tr in accordance with the Law No. 6698 on the Protection of Personal Data and, if necessary, sharing it with relevant public institutions and organizations and third parties who are our solution partners as required by our business relationship and my personal data being kept by them.
It is possible for Fortuna-tr site to change its Terms of Use and Privacy Policy, and we recommend that you check the relevant pages regularly.
Terms and Conditions
- AIM
As Fortuna-tr, our priority is to process the personal data of real persons, including our members, customers, visitors, suppliers and employees, in accordance with the relevant legislation, primarily the Constitution of the Republic of Turkey, the International Conventions on Human Rights to which our country is a party, and the Personal Data Protection Law No. 6698 (“LPPD”), and to ensure that the rights of the persons whose data is processed are effectively exercised.
For this reason, we carry out the processing, storage and transfer of all personal data regarding our employees, suppliers, customers, visitors, members, users visiting our stores, website and mobile applications, in short, all personal data we obtain during our activities, including but not limited to the ones listed, in accordance with the Fortuna-tr Personal Data Protection and Processing Policy (“Policy”).
The protection of personal data and the protection of the fundamental rights and freedoms of real persons whose personal data is collected are the basic principles of our policy regarding the processing of personal data. Therefore, we carry out all our activities in which personal data is processed by observing the protection of privacy, privacy of personal information, privacy of communication, freedom of thought and belief, and the right to use effective legal remedies. For the purpose of protecting personal data, we take all administrative and technical protection measures required by the nature of the relevant data in accordance with the legislation and current technology.
This Policy explains the methods we follow regarding the processing, storage, transfer and deletion or anonymization of personal data shared during our commercial, promotional-marketing or social responsibility and similar activities, within the framework of the principles referred to in the Personal Data Protection Law.
- SCOPE
All personal data processed by the Company, including our visitors, business contacts, business partners, employees, suppliers, members, and third parties, are within the scope of this Policy. Our Policy is applied to all activities related to the processing of personal data owned or managed by the Company and has been handled and prepared in accordance with the KVKK and other relevant legislation on personal data and international standards in this field.
- DEFINITIONS AND ABBREVIATIONS
In this section, special terms and expressions, concepts, abbreviations, etc. used in the Policy are briefly explained.
Explicit Consent : Approval given on a specific subject, based on information and free will, with clarity that leaves no room for hesitation, and limited only to that transaction.
Anonymization : Making personal data incapable of being associated with an identified or identifiable natural person, even when matched with other data.
Employee : Company Personnel.
Personal Data Owner (Relevant Person) : The natural person whose personal data is processed.
Personal Data : Any information relating to an identified or identifiable natural person.
Special Personal Data : Data regarding individuals’ race, ethnic origin, political opinion, philosophical belief, religion, sect, or other beliefs, health information, fingerprints, appearance and dress, membership in associations, foundations or unions, health, sexual life, criminal convictions, and security measures, as well as biometric and genetic data.
Processing of Personal Data : Any operation performed on personal data, such as obtaining, recording, storing, changing, reorganizing, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data, in whole or in part, by automatic means or non-automatic means provided that it is part of any data recording system.
Data Processor : Natural or legal person who processes personal data on behalf of the data controller based on the authority granted by the data controller.
Data Controller : The natural or legal person who determines the purposes and means of processing personal data and is responsible for establishing and managing the data recording system.
KVK Board : Personal Data Protection Board.
KVK Authority : Personal Data Protection Authority.
KVKK : Personal Data Protection Law published in the Official Gazette dated April 7, 2016 and numbered 29677.
Policy : Fortuna-tr Personal Data Protection and Processing Policy.
(Membership System) : Membership system of the Company and the Company’s digital platforms.
- ROLES AND RESPONSIBILITIES
4.1. Board of Directors
The Board of Directors is responsible for overseeing the determination and operation of notification, investigation and sanction mechanisms in case of non-compliance with the Policy, rules and regulations.
The Personal Data Protection and Processing Policy has been approved by the Board of Directors.
It is the authorized approval mechanism for ensuring that the policy is created, implemented and updated when necessary.
4.2 Control Unit
The Audit Unit is responsible for taking the necessary measures to ensure compliance with the Policy by the employees and the companies from which external services are received, and for examining the issues in violation of the Policy.
4.3 Information Systems Commission
The Information Systems Commission is responsible for the preparation, development, implementation and updating of this Policy. It evaluates this Policy in terms of its currency and development needs when necessary. The Information Systems Commission Manager is responsible for publishing the prepared document on the institution portal.
- LEGAL OBLIGATIONS
As a data controller, the legal obligations within the scope of the protection and processing of personal data in accordance with the KVKK are listed below:
5.1. Our obligation to inform
While collecting personal data as the data controller, we have the obligation to inform the Relevant Person about the following;
The purpose for which your personal data will be processed Our
identity, information regarding the identity of our representative, if any
To whom and for what purpose your processed personal data can be transferred Our
data collection method and legal basis
Rights arising from the law.
As a company, we take care to ensure that this Policy, which is open to the public, is clear, understandable and easily accessible.
5.2. Our obligation to ensure data security
As the data controller, we take administrative and technical measures as required by the legislation to ensure the security of personal data in our possession. Obligations and measures taken regarding data security are detailed in sections 9 and 10 of this Policy.
TERMS OF USE, GENERAL CONDITIONS AND LIABILITY
These terms and conditions regulate the rules of use of the site. Please read the following terms of use before using the www.Fortuna-tr website. All Users who use the Fortuna-tr website in any way will be deemed to have accepted the terms on this page.
The term “User” used in this text refers to any natural or legal person who uses the site in any way, whether or not by logging in as a member.
The terms of use on this page may be changed unilaterally by Fortuna-tr at any time, provided that the changes are clearly stated on this page, and these changes shall become effective immediately upon the posting of the amended agreement on the site. Users shall be deemed to have unconditionally accepted the terms published on this page when they use Fortuna-tr services in any way. By agreeing to review the agreement periodically in order to be informed of these changes, your continued access to or use of the site shall mean that you have definitively accepted the amended terms of use.
You may not modify or adapt the Fortuna-tr Service or alter any other website in a way that gives the false impression that it is associated with or affiliated with the Fortuna-tr Service.
Fortuna-tr stores users’ personal information only to provide certain services, to provide content and advertisements on the site according to users’ requests, and to inform them about new services. Fortuna-tr users have the opportunity to change their personal information during their navigation on the website. This information can only be changed by the user.
During the navigation of Fortuna-tr users on the site, the sections visited and areas clicked on are automatically recorded. This data is used only to determine the viewing and following rates of sections and different areas. In cases where the technology called “cookie” is used, which determines where the pages are visited or how they are visited, it is collected as statistical data in determining the viewing and clicking rates of different areas of the site; it is not a personalized application. The aim of this technology is to make the content of the sections that users visit more frequently more accessible to the user from the first visit to the site. In order to increase the quality of the content provided to the users and to provide direct access to some services, data regarding geographical location information can be recorded and used if the user approves.
Fortuna-tr does not undertake to provide uninterrupted or specific service to its website users. Similarly, it does not make any recommendations or suggestions to the user regarding the operation and management of the website being error-free and uninterrupted, the correction of any faults, defects and malfunctions, the website being cleansed of harmful elements and viruses, and no assurance or guarantee is given to the user in these matters. The information in these Terms of Use is provided solely for the purpose of informing the user; it does not constitute advice on legal, medical, financial, investment, tax, accounting and other similar issues. The responsibility for any action you take by relying on the information published on the Fortuna-tr website belongs entirely to you.
The information in these Terms of Use is provided solely for the purpose of informing the user and does not constitute advice on legal, medical, financial, investment, tax, accounting or other similar matters. Any action you take by relying on the information published on the Fortuna-tr website is entirely your responsibility.
Fortuna-tr reserves the right to change, refuse to publish or remove from publication any information, material or content that constitutes or encourages a criminal act, is threatening, contains insults and profanities, is degrading, pornographic, disturbing or immoral, discriminates against gender or race, and to freeze or terminate the memberships of users who engage in such behavior.
This site provides links and referrers to websites managed by third parties, and uses content from third party websites. The information, products and services on third party websites are not operated or controlled in any way. Furthermore, this does not mean that the accuracy and reliability of the content of third party websites are approved. Therefore, no responsibility is accepted for the information or ideas on third party websites. Again, it should never be understood that the accuracy and reliability of the web content of the links provided by third parties to the site are approved by us.
Users are obliged not to violate the legal rights of third parties in any way when using any content or communication system on the Fortuna-tr website. Fortuna-tr accepts no legal or criminal liability for such violations, and any legal and criminal liability that may arise from such violations belongs exclusively to the User.
Fortuna-tr board members, managers, group companies, affiliates, employees, persons preparing the information and/or portal services on this site cannot be held responsible for any direct and/or indirect material and/or moral, negative and/or positive damages arising from access to this Fortuna-tr website, direct or indirect use of the information and/or portal services on the site, under any name whatsoever. You cannot create an account with Fortuna-tr unauthorized methods, including, but not limited to, using an automatic device, code, bot, spider, bug or scraper.
You must not attempt to restrict any other user from using or enjoying the Fortuna-tr Service and you must not encourage or facilitate any violation of these Terms of Use or any other Fortuna-tr terms.
Any behavior or action aimed at rendering the site inoperable, seriously slowing it down, or damaging software and hardware systems is prohibited. This prohibition also includes making numerous inquiries or membership registrations using automatic programs or sending numerous requests or information to the site using automatic methods. Fortuna-tr has the right to block access to the site by Users it detects engaging in such activities and to initiate legal action. Fortuna-tr website users shall not transmit any content, software, or any other material containing a virus or other harmful element to the website.
Any violation of these Terms of Use may result in the termination of your Fortuna-tr membership, at the sole discretion of the Fortuna-tr site. You acknowledge that the Fortuna-tr site is not and cannot be responsible for the Content you share on the Fortuna-tr Service and that the risks you may encounter while using the Fortuna-tr Service are entirely your responsibility. If you violate the spirit or text of these Terms of Use in any way or expose the Fortuna-tr site to a risk or other possible legal sanction, we may partially or completely terminate the Fortuna-tr Service to you.
Fortuna-tr does not accept liability for any damages that may occur as a result of the use of users’ personal information within the framework of the above conditions.
In e-mail communications, if the message is not encrypted, the security of the message cannot be guaranteed and Fortuna-tr users are responsible for the security of the e-mails to be sent.
You are responsible for all actions taken through your membership and you agree not to sell, transfer, assign or permit to be used your membership, username or other membership rights. Except for individuals or businesses that have express authorization to create accounts on behalf of their employers or clients, Fortuna-tr prohibits you from creating, and you agree not to create, an account on behalf of anyone other than yourself. You also agree that all information you provide or will provide when registering on the Fortuna-tr site and at other times is true, accurate, current and complete and that you will update your information as necessary to keep it true and accurate.
You agree not to solicit, collect or use login information from other Fortuna-tr users. You may not use the Fortuna-tr Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws, rules and regulations, including but not limited to copyright laws, when using the Fortuna-tr Service and Your Content (defined below).
Your behavior and all data, text, files, information, usernames, images, graphics, photographs, profiles, audio and video clips, sounds, musical pieces, original works, applications, links and other content and materials (collectively referred to as the “Content”) that you send to the Fortuna-tr Service or share or display on the Fortuna-tr Service are your sole responsibility. Fortuna-tr users may post their opinions related to the content on the site in ‘comments’. The responsibility for the opinions conveyed by the users belongs to the user and the responsibility cannot be directed to the Fortuna-tr site.
Fortuna-tr website users accept and undertake that they have obtained the necessary permissions from the relevant personal rights holders regarding the personal information and information and/or content regarding the private life of individuals included in the content, and that they will not use the content or information that violates someone else’s personal rights, privacy rights or publication rights or that is protected by any intellectual and industrial property rights, including other property rights, within the scope of the website without obtaining prior written permission from the owner or the person who holds the rights.
Fortuna-tr website users shall not transmit any illegal, threatening, disturbing, violent, terrorist, insulting, swearing or slanderous, degrading, rude, pornographic, disturbing, threatening, harassing or insulting content, or content that is against morality, social order, may harm the private life, personality and other rights of individuals and/or institutions, including any kind and form of transmission that constitutes a crime, requires legal follow-up, creates or encourages a situation that is contrary to local or international laws, shall not upload/publish any messages or content that may disturb members in any way to public areas or private message areas. The publication of such content through Fortuna-tr shall not mean that Fortuna-tr, the service provider, assumes any responsibilities that may arise in terms of content that is against the law or violates the rights of third parties.
Fortuna-tr website users shall avoid any behavior that may lead to unfair competition in commercial terms, that may mean taking advantage of commercial reputation, and shall not copy the existing content on the website in any way. If users provide incorrect and outdated information to the Fortuna-tr website, or if there is any doubt about the accuracy and updatality of the information, Fortuna-tr website reserves the right to suspend or terminate the services.
Fortuna-tr website users will not prevent any other user from using the website or from using it as they wish. The use of comment areas as an advertising medium for other websites or commercial goods and services is prohibited.
We reserve the right to refuse access to the Fortuna-tr Service to anyone at any time for any reason.
We reserve the right to change and/or revoke the right to use any username for any reason.
We may, but have no obligation to, remove, edit, block and/or monitor any Content or accounts containing Content that we determine in our sole discretion violate these Terms of Use.
Users have the right to terminate their membership at any stage. In case of account closure by either the User or Fortuna-tr, all licenses and other rights granted to you in these Terms of Use will immediately cease to be valid.
The terms of use on this page may be changed unilaterally by Fortuna-tr at any time, provided that the changes are clearly stated on this page, and these changes shall become effective immediately upon the posting of the amended agreement on the site. Users shall be deemed to have unconditionally accepted the terms published on this page when they use Fortuna-tr services in any way. By agreeing to review the agreement periodically in order to be informed of these changes, your continued access to or use of the site shall mean that you have definitively accepted the amended terms of use.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Fortuna-tr website users will avoid any behavior that will lead to unfair competition in commercial terms, that may mean taking advantage of commercial reputation, and will not copy the existing content on the website in any way. All materials on the site, including code and software, are protected in accordance with the legal legislation regarding Intellectual and Industrial Property Rights.
Titles and spots of the content published on the Fortuna-tr site can be used on users’ websites and forums by specifying the source, and relevant links can be provided. However, all partner content published on the Fortuna-tr site is subject to intellectual and industrial rights. Copying, republishing or redistributing news content, photographs and images without the prior written consent of the partners is expressly prohibited.
Fortuna-tr users shall be entitled to all property rights on all kinds of text, photographs, videos, software, information, visual, auditory materials and other applications including but not limited to these and/or their processing in case of processing and/or sound recordings and/or all kinds of arrangements and versions created and/or all kinds of determinations obtained from and/or related to these (Hereinafter referred to as “Content”) that they upload to the website, and their financial rights arising from being the owner of the work and the Law on Intellectual and Artistic Works numbered 5846 in the form of reproduction, distribution, processing, transmission to the public through means of signal, sound and/or image transmission, representation and/or their related rights arising from being the performer and/or producer, determination of the form, time and place of presentation to the public and making any changes to the work and their rights arising from the design, brand, registering the designs and applying them to the products and all other intellectual and industrial rights, personal rights of image/sound/content owners, in all kinds of media/platform/product/material/organization etc. determined by Fortuna-tr. (radio, TV, internet, cinema, direct marketing activities, press conferences, written and visual media including wap, kiosk, mobile phone in electronic or digital/digital environments, telephone switchboard and IVR music, telephone ring tones etc.) Value Added Services (Cell broadcast, WAP/GPRS, mobile music, mobile video, listen while playing, Mobile TV, Video streaming and all other song download services and/or new generation mobile technologies to be developed after this date) within the scope of all kinds of services, environments, satellites, cables, other digital, wired and wireless tools and without being limited to these and in a way that can be transferred to others, without any time and medium restriction, to be used in Turkey and in the world, without requesting any fee, the said Contents to be published without prior permission and/or to be viewed/watched by third parties to be determined by itself and the said contents and the system records related to these contents (uploading the contents to the system, removing them etc.) Fortuna-tr accepts, declares and undertakes that he/she consents to the recording/processing of his/her personal data and sharing it with the companies providing the infrastructure.
Fortuna-tr website users accept and accept that they are the full and sole owners of all property rights, financial rights arising from being a producer and/or performer, personal rights of image/sound/content owners on the content in question and any element constituting an Intellectual and Industrial right included in the content, reproduction, distribution, processing, transmission to the public by means of means for transmitting signs, sounds and/or images, and related rights arising from being a producer and/or performer, and the personal rights of image/sound/content owners, and that they can use the content in accordance with the conditions of authenticity regulated in Articles 48 and 52 of FSEK, in writing, without any limitation and without any time limitation, in Türkiye and all over the world, in any product/platform/material/organization/media, etc. They accept and undertake that they have taken over the works in a manner that can be transferred to third parties, that they have obtained permission, that they are the right holders, that they are responsible for all fees to be paid to the Professional Associations due to the works, that these rights are theirs, that they have the ability and legal authority to transfer these rights, and that no third party has any direct or indirect restriction, financial, moral or commercial right under any name or title on these rights.
These Terms of Use are governed by the laws of the Republic of Turkey. If any provision of this agreement is illegal, invalid or for any reason legally unenforceable, that provision may be removed from this agreement. However, this does not affect the validity and legal enforceability of the remaining provisions.
Istanbul Courts and Enforcement Offices are authorized to resolve disputes that may arise from the implementation of the above-mentioned provisions and legal relations.
INFORMATION AND CONSENT REGARDING THE PROCESSING OF PERSONAL DATA
In accordance with the “Personal Data Protection Law” numbered 6698 published in the Official Gazette dated April 7, 2016, Fortuna-tr has adopted a number of basic rules as the “Data Controller” in order to protect the confidentiality of all personal data belonging to Fortuna-tr users.
Protection of Personal Data According to the Law on the Protection of Personal Data numbered 6698 (“LPPD”), any information that enables the identification of a natural person to be determined or identifiable is within the scope of personal data. Your personal data held by Fortuna-tr will be recorded, stored, preserved, kept, updated in our systems by our Company, acting as the Data Controller, for the reasons, purposes and methods explained below, in accordance with the information storage, reporting and information obligations stipulated by the relevant legal regulations and legal authorities, and may be disclosed/transferred to third parties, classified and processed in the ways listed in the LPPD, in cases permitted by the legislation and within the legal limits. Fortuna-tr aims to protect the justified trust of the user in the institution by acting in accordance with these basic rules. Therefore, we kindly request that you obtain information on the legal issues listed below.
Obligation to Disclose : Our Company, as the “Data Controller”, is obliged to act in accordance with the “Personal Data Protection Law” regarding your Personal Data. As the data controller; it will store your personal data and special personal data, but in cases where the legislation permits, it may share it with third parties resident in the country and abroad, classify it and process it in the manner specified in the Law.
Personal Data Collection Method : Your personal data may be collected by Fortuna-tr in written or electronic environment. We declare and undertake that we will comply with the relevant Laws and the principle of honesty as specified in Article 4, Paragraph 2 of the Law while preserving this data and that we will keep your data accurate and up-to-date when necessary. In order to avoid any doubt, the obligation to keep up-to-date specified in Article 4, Paragraph 2-b of the Law will be limited to the extent that Fortuna-tr users’ personal or private personal data is reported to the company. Fortuna-tr is obliged to take all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent the unlawful processing of personal data, to prevent unlawful access to data, and to ensure the preservation of personal data.
Purposes and Legal Reasons for Processing Personal Data : Fortuna-tr requests you to share your personal data by recording some of your personal information in the mobile application in order to provide service to you, the user, in accordance with Article 4 of the Law on the Protection of Personal Data No. 6698 and in any case, provided that the exceptional cases specified in subparagraphs a, c and e of paragraph 2 of Article 5 are not exceeded. Fortuna-tr stores users’ personal information only to perform certain services, to provide content and advertisements on the site according to the requests of users and to inform about new services. Fortuna-tr users have the opportunity to change their personal information during their navigation on the website. This information can be changed by Fortuna-tr and by the user at any time if deemed necessary. The features of Fortuna-tr users such as the sections visited and the areas clicked during their navigation on the site are automatically recorded. This data is used only to determine the viewing and following rates of sections and different areas. In cases where the technology called “cookie” is used, which determines where the pages are visited or how they are visited, statistical data is collected in the same way in determining the viewing and clicking rates of different areas of the application; it is not a personalized application. The aim of this technology is to make the content of the sections that users visit more frequently more accessible to the user from the first visit to the site.
Fortuna-tr may process information with persons, institutions and organizations authorized by our laws and with those permitted to process information within the scope of relevant laws, in the manner specified in the Law.
Persons/Organizations to Which Personal Data May Be Transferred : Fortuna-tr institutions and organizations permitted by legal legislation; but not limited to these, all official authorities, customers, solution partners and other third parties with whom Fortuna-tr site engages in commercial activities under contracts to which it is a party. Fortuna-tr has the right to disclose information about its users if required by the following situations: 1. If the user has permission and approval to share personal information, 2. In order to determine user profiles to be used within the Fortuna-tr site itself, 3. In order to develop and provide the products and services requested by the user from the Fortuna-tr site or to resolve problems related to the services and tools offered to you, 4. To companies it works with (collaborates with) while offering products and services to the user, to be used in providing these products and services, 5. During legal investigations, as required by court order or legal procedures.
Deletion of Personal Data: Your data stored within the scope of the Law will be deleted, destroyed or anonymized upon your request, if the reasons requiring the processing of your data are eliminated, under the conditions to be determined by the Regulation mentioned in the 3rd paragraph of Article 7 of the Law.
Your Rights Within the Framework of Article 11 of the Law: By applying to the Fortuna-tr website, you have the right to; a) learn whether your personal data has been processed, b) request information if your personal data has been processed, c) learn the purpose of processing your personal data and whether it is used in accordance with its purpose, ç) know the third parties to whom your personal data has been transferred domestically / abroad, d) request correction of your personal data if it has been processed incompletely / incorrectly, e) request deletion / destruction of your personal data within the framework of the conditions stipulated in Article 7 of the Law, f) request notification of the transactions made pursuant to clauses (d) and (e) above to third parties to whom your personal data has been transferred, g) object to the emergence of a result to your detriment due to the analysis of your personal data exclusively by automated systems and ğ) request compensation for the damages in case you suffer damages due to the unlawful processing of your personal data.
Fortuna-tr may record and use your geographical location information if you give your consent to improve the quality of the content provided to you and to provide direct access to some services. This information letter and consent form are part of the usage and privacy agreement that you have accepted.
Within the framework of these explanations, I accept, declare and undertake that I consent to the collection, processing, updating, periodic checking, keeping and storage of my personal data by Fortuna-tr in accordance with the Law No. 6698 on the Protection of Personal Data and, if necessary, sharing it with relevant public institutions and organizations and third parties who are our solution partners as required by our business relationship and my personal data being kept by them.
It is possible for Fortuna-tr site to change its Terms of Use and Privacy Policy, and we recommend that you check the relevant pages regularly.