Privacy Policy

13.05.2020

Clearance Protocol and Privacy Policy

Our website which is called BITUBU Technological Anonymous Company and which will be shortly referred as “BITUBU” in the text, exists in accordance to the regulations that entails certain rights and obligations. We regard respecting our users’ personal data and informations’ legal privacy and other certain legal and contractual necessities as an obligation and take the law on the protection of personal data no 6698 and its principles into consideration.

Besides, as it will be stated in further explanations, the application will be held responsible on the protection of personal data in accordance to the Turkish and international legal regulations such as the law on the protection of personal data 6698 in Turkish law and General Data Protection Regulation “GDPR”. The BITUBU is responsible.

The application accepts responsibility if the personal data reaches third parties (individuals and corporations), if the data is used illegally and guarantees that the data will be used in accordance to the bone fide (legal goodwill) and honesty regulations and accepts that it will be held responsible by the regulations regarding the protection of the data in case of these conditions.

With this clarification protocol and privacy policy, the application discharges the responsibility that is stated in the law number 6698 on the protection of personal data as it explains how the personal data is going to be saved, conveyed, processed and used with necessary technical and legal details such as the questions above.

Various contractual procedures that are stated in the contract on how the personal data is going to be processed and saved will be considered legal according to 5th article of the law 6698 on the protection of personal data with the CONSENT that will be stated in this protocol and user agreement.

It’s emphasized that in the conditions below, as the law openly states on the personal data processes, no consent is required:

- If the action is clearly stated in the law

- If the person is in a state that does not allow him/her to state his/her consent or if the person is not considered as someone who has legal validity of consent in a situation where the personal data is needed to protect his/her or someone else’s protection of the unity of the body

- If, to draw up a contract, the usage of the personal data of the parties that are in the contract is a necessity

- If it is necessary that the party that is legally responsible for the data needs to use the data to fulfill it’s legal responsibility

- If the data is publicized by the owner

- If it is necessary that the usage of the data is required to establish, or to use or to protect someone’s rights

- If the data process is required for the legally allowed party’s benefit that is responsible for the data in condition of not violating the owner’s  personal rights and freedom

The consent mentioned is based on free will and information. The details about the topic is stated in “The approval of the privacy policy” in the text and in the user agreement that is going to be made.

TERMS AND EXPLANATIONS

A) OUR GENERAL PRINCIPLES REGARDING BITUBU’S PRIVACY POLICY

(1) As it is stated in the law no 6698 on protection of personal data, in condition of acting according to all legal regulations, the application is liable to the damages caused by the usage of the data. But as Turkish Law of Obligations article 49 states, the application might be liable to these damages in case of a subjective error. In the cases where the owner himself / herself is the faulty party, the BITUBU cannot be hold responsible. It should be noted that the law 6098 of Turkish Law of Obligations on absolute liability, which holds the company liable in cases where the company is not the faulty party does NOT apply.

(2) We state that we respect all legal regulations greatly. This reflects how much we value our employees, users and people or institutions who share their personal data with us.

(3) “Clearance protocol and our privacy policy” explains how the systems of the BITUBU saves and protects the private data and the data that is transferred by the user’s web browsers.

(4) “Personal data” includes all kinds of data or information that is automatically transferred by web browsers as well as credentials of the person and it is defined as “all kinds of information about identifiable and obtainable individuals”.

B) THE PROTOCOL CONSENT INCLUDES

(1) By using the services of the BITUBU and providing us with personal information and all other data, you accept that the APP can obtain, save, store, maintain, update, change, reorganize, transfer, share, classify, anonymize, and operate your data in the ways listed in the law, as permitted by legislation. You also accept that we can update, change, reorganize, transfer to classification at the extent the law allows us in accordance with The Law on Protection of Personal Data numbered 6698, as it defines us as “Data Officer” and “Data Processor”; within the framework described in the law and adhering to the conditions and limits described.

(2) All national and international legal norms, especially the relevant regulations of the law numbered 6698 and GDPR are taken into consideration regarding the collection, use, storage and disclosure of personal information. In this context, we will provide you with information about their personal data when they demand. As the law 6698 article 11 states users have a right to get informed on how their data is used meanwhile the company (in our case the APP) has the responsibility to inform. That responsibility is undertaken by this user agreement you are consenting.

(3) With the user’s explicit and implicit consent, the BITUBU will collect, use, store and process the information and data depending on its subjective and unique sensitivity, legal conditions and other factors. The BITUBU’s intention in these processes is a unique, economical exchange services. Using BITUBU will be considered as an indication and presupposition the existence of consent. Although the responsibility of our party may come to the agenda due to some actions and transactions that are clearly against the law, the usage of this BITUBU or the usage of our website serves as a legal indication of consent. The scope of this acceptance also includes the commercial and genre-specific purposes of the BITUBU, and users that does not consent should not use the website.

(4) The BITUBU will use, collect and process personal information and data only for a necessary, limited, commercial and professional purposes in a legal way. The purpose is to serve our commercial and professional interests by sharing the personal information data shared with the consent of the people using the BITUBU with the third parties and institutions within the framework of this protocol.

(5) The necessary precautions will be taken to ensure that the personal information and data transmitted to us is reliable, real, and up-to-date when necessary and the BITUBU is responsible for the acts listed above. Thus, it’s guaranteed by the BITUBU that your data and information will be used according to the economical and unique purposes mentioned before.

(6) According to the law 6698 and GDPR regulations, your right to withdraw your consent is reserved meaning you can demand your saved and processed data to be deleted. To demand your withdrawal of consent, you need to contact with our authorities. However it’s possible and permissible that this request can be rejected in cases where there is a right and obligation to protect personal data in accordance with the current legal regulations. During the 6 months period envisaged for periodic deletion, when the the storage period ends, the BITUBU uses the most appropriate methods among the methods of deletion and anonymization in order to be able to use the data anonymously specified in the Guidelines on the Deletion, Destruction or Anonymization of Personal Data published by the Personal Data Protection Authority according to work processes and actions. Although the main purpose is to gather statistical data, it is possible and permissible to use it for the purposes mentioned above.

(7) The BITUBU shall take all necessary measures for the protection of this data and information in the transmission of personal information and data to any third party, or transfer of the information to a foreign country in accordance with the law 6698 article 9 and regulations of GDPR and is authorized, responsible and liable.

C) THE LEGAL DETAILS ABOUT HOW THE DATA IS SAVED AND PROCESSED

(1) As mentioned above, we may collect and process data about our users in accordance with the legislation when using BITUBU. What this information is and details about it are given below in 3 items:

a) The Data Sent by the Users

BITUBU can gather data of the users that is sent automatically by their web browsers. These data included the IP address of their internet server, the name of their Operating System (Windows, Linux etc) and some technical data such as the version of their web browser.

Users are authorized and responsible for any kind of data they are going to send. Therefore the BITUBU is authorized and has the right to operate on the data that is sent. In cases where they want to stop the data transfer, the precautions must be taken from themselves via the settings of their browsers. The BITUBU does not accept any liability.

b) Data gathered through “Cookies”

BITUBU can gather data by loading an “etiquette” to the harddrive of the user’s computer. This is called “cookies” in technological phonology.

BITUBU will use the gathered data such as cookies, technical and other kinds of data that are mentioned above to reach its technical, economical and technological goals and this requires user’s consent. But using the BITUBU is considered as a consenting and the user's right to withdraw their consent and how they are going to demand this withdrawal is mentioned in the conditions and ways above.

The user can change the settings about data transfer thus changing settings about the “cookies”. In cases where the web browser settings are not changed in a way that allows “cookies”, all possible results are seen consented.

Although it is not necessary to use “cookies” and similar data transfers to visit the BITUBU’s website, in cases where data transfer is failed because of these settings, the user may not be able to benefit from the BITUBU’s functions equally. This is on our discretion.

c) The Data that is Sent by the User Knowingly and Willingly

BITUBU gathers data in cases mentioned above and in cases where the users provide their personal data and information that is sent by themselves. In example: Data provided in cases when the users sign up using the e-mail addresses, when they fill our forms, when they ask a question to get feedback or when they send an email.

With the clearance protocol and the user agreement that the user is expected to consent, the user accepts that the data personal data and information we gather through BITUBU can be used for customer service, fraud prevention, market research, improving our products and services, and providing information to other institutions that we believe that is related to improve our services and for COMMERCIAL PURPOSES such providing you with information and offers.

D) PUBLISHMENT OF THE PERSONAL DATA AND INFORMATION WITH THIRD PARTIES

(1) BITUBU may share the personal information of the users with other business units for commercial purposes other than illegal purposes in accordance with the law, procedure and contractual obligations. These actions will be made in accordance with the procedure and purpose set out in this protocol privacy policy. And BITUBU is liable to the damages caused by any illegal act. But in cases where the user is the guilty party, as the general principles of the Turkish Law of Obligations apply, the user will be hold liable. This share of responsibility that shows our respect we pay is a reflection of our principles and respectful manner.

(2) We may share the data transferred to BITUBU for the commercial and professional purposes with third parties. The data transfer is carried out for the legal purposes and intentions mentioned above. As the law 6698 applies, we can share your data with third parties:

- According to your demand

- To obey the legal requirements or a court order

- To investigate a possible crime such as identity theft

- And in similar cases

(3) In case of any of the issues mentioned above, we will follow the legal procedures required to protect the personal information of our users.

E) THE OBJECTIVE ATTENTION THE ATT WILL PAY

(1) User’s data and information is saved in safe databases owned by BITUBU.

(2) BITUBU takes precautions necessary for the privacy, security and integrity of your personal information. BITUBU cannot be hold liable in cases where a damage occurs even though we fulfill this objective attention. No responsibilities can be laid against our app in this situation.

F) RESPONSIBILITIES RELATED TO USERS WITH PARTIAL DISABLEMENT

(1) BITUBU does not accept responsibility for personal damages that may arise if the restricted persons who are under the age of 18 or who have been placed under the order of the relevant court provide their personal information and data.

(2) To demand the deletion of your data and information or to demand detailed feedback, you need to contact us via your email.

G) THIS PROTOCOL AND CHANGES MADE IN OUR PRIVACY POLICY

Authorized units of BITUBU reserve the right to change this clearance protocol in accordance with the law and the rules of integrity, without the need for any further notification.

H) FINAL PROVISIONS AND CONSIDERATIONS

(1) As we take the necessary steps to ensure that our users' personal data and information we state that we will act and comply with all our legal obligations regarding the issue are processed within the framework of legal security, We strongly emphasize that the data containing your private information that is processed and kept in our systems will not be shared with any third party or institution in violation of the law as the legal norms related to the subject, especially KVKK and GDPR numbered 6698 applies. 

(2) Users can check the state of their data or withdraw their consent if they demand so. This right is protected under the law 6698 and GDPR and defined as a “legal right”.