CLARIFICATION TEXT ON THE PROCESSING OF PERSONAL DATA
DR. SERAN GÖÇER CLINIC
CLARIFICATION TEXT ON THE PROCESSING OF PERSONAL DATA
This clarification text has been prepared for the purpose of enlightening the data subjects on the principles and procedures with respect to processing the Personal Data of the patients/clients who apply to DR. SERAN HAVVA GÖÇER DEMİRHANOĞLU CLINIC (“DR. SERAN GÖÇER”) in accordance with the Personal Data Protection Law no. 6698 (“PDPL”) and the European Union General Data Protection Regulation (“GDPR”) contained in the Turkish Law legislation.
It is one of the priorities of DR. SERAN GÖÇER to ensure the security of the Personal Data of the patients/clients. For this reason, the necessary security measures are taken by DR. SERAN GÖÇER for the safe processing of the Personal Data of the patients/clients and to prevent any unlawful access to or leakage of that data, in conformity with the applicable legislation.
DATA CONTROLLER
Your Personal Data shall be processed by DR. SERAN GÖÇER CLINIC, operating at the address “Teşvikiye Mah. Vali Konağı Cad. Demirhan Apt. No:36/5 Nişantaşı-Şişli/İstanbul/Turkey” within the scope of the PDPL no. 6698 and the GDPR. SERAN HAVVA GÖÇER DEMİRHANOĞLU, registered with the Mecidiyeköy T.O. with the Tax Registration Number 3970070065, shall be deemed as the “DATA CONTROLLER” within the scope of the PDPL and the “CONTROLLER” within the scope of the GDPR.
DR. SERAN GÖÇER has contracted a Legal Office operating as a Personal Data Protection Specialist in the capacity of “Data Protection Officer” within the scope of the GDPR and the Personal Data Protection Harmonization Process within DR. SERAN GÖÇER CLINIC has been implemented under the consultancy and guidance of the Specialist Legal Office within the scope of the PDPL and the GDPR.
YOUR PERSONAL DATA TO BE PROCESSED
Your Personal Data and Sensitive Personal Data as specified below shall be processed by DR. SERAN GÖÇER, in conformity with the fundamental principles stipulated in the PDPL article 4 and the GDPR article 5, on the basis of the Personal Data Processing Conditions and Purposes specified in articles 5 and 6 of the PDPL as well as articles 6 and 9 of the GDPR and provided to be kept in the scope of the purposes contained in this Clarification Text, in connection with the intended purpose of processing, as limited and measured, considering the principle of justice and transparency, in a correct and up-to-date manner, taking all sorts of technical and administrative measures stipulated in the legislation for the purpose of ensuring data security.
1-YOUR IDENTITY DETAILS: Your name and surname, T.R. Identity Number and/or Passport Number and/or Provisional T.R. Identity Number, your place and date of birth, marital status, gender, profession, signature and other identity details that could identify you.
2-YOUR CONTACT DETAILS: Your address (residence/business), telephone number (home/business landline and/or mobile telephone numbers that you may have notified), electronic mail address, IP address, social media accounts and other similar contact data.
3-YOUR HEALTH DETAILS: Your blood type, lab and imaging results, analysis results, allergies, chronic diseases, venereal diseases, infectious diseases, data on the previous operations you have undergone, pharmaceuticals you use on a continuous basis, your data related to Covid-19, your medical treatments, prescription information, harmful habits, skin analysis data, body analysis and measurement data and your other health data related to the preventive medicine, diagnosis and treatment procedures to be administered.
4- YOUR PHOTO/VIDEO IMAGES AND AUDIO DATA: The visual and audio recordings in the photographs and/or videos taken before the medical procedure, during the medical procedure and/or after the medical procedure, and your other data recorded by the CCTV security cameras to ensure the security of the workplace.
5-YOUR FINANCIAL DATA: Your bank account number, IBAN number, your credit card details, your invoicing and invoice information and other similar financial data.
6-YOUR TRANSFER AND ACCOMMODATION DATA: If you are a Health Tourist who arrived at our country within the scope of International Health Tourism, your transfer information, flight ticket arrival and departure information, hotel and accommodation information.
PURPOSE OF PROCESSING YOUR PERSONAL DATA
Your Personal Data and Sensitive Personal Data are processed by DR. SERAN GÖÇER in conformity with the PDPL and the GDPR for the purposes of creating a patient file, executing your services of examination, medical diagnosis, treatment and care, performing your controls following the medical diagnosis and treatment processes, contacting you personally, managing the appointment processes, performing patient satisfaction and claim management, fulfilling the legal and contractual obligations, preserving the information on your health data to be stored in accordance with the relevant legislation, providing clinic safety, receiving consultation from another concerned specialist physician in order to be able to perform your treatment correctly, fulfilling the legal obligations within the scope of health tourism in conformity with the legislation, planning the transfer and accommodation services of patients/clients who come to our country for the purpose of health tourism, announcing the innovations with respect to medical treatment and practices, informing 3rd parties with respect to the medical procedure applied, planning and managing health services and financing, fulfilling the legal responsibilities arising from the legal relationship established between the doctor and the patient, fulfilling the financial and administrative obligations, providing technical and commercial safety and fulfilling public obligations.
Your Personal Data and Sensitive Personal Data shall be processed in the following situations and conditions by DR. SERAN GÖÇER within the scope of the PDPL and the GDPR:
Your Identity Data shall be processed for the purposes of planning the transfer and accommodation services of patients/clients coming within the framework of Health Tourism, executing the services of examination, medical diagnosis, treatment and care, creating a patient file, performing patient satisfaction and claim management.
Your Contact Data shall be processed for the purposes of performing your controls following the medical diagnosis and treatment processes, managing the appointment processes, and provided that you give your explicit consent, for the purpose of promoting, providing information and announcing the innovations with respect to medical treatment and practices and congratulating you for special occasions.
Your Health Data shall be processed for the purposes of successfully performing your medical treatments and diagnoses, controls, care and complication processes successfully, receiving consultation from another specialist physician during your treatment process if deemed necessary, creating a patient file, preserving the information on your health data to be stored in accordance with the relevant legislation for the required period, fulfilling the legal obligations within the scope of the applicable Legislation.
Your Photograph, Video and Audio Recording Information shall be processed by DR. SERAN GÖÇER for the purposes of observing and managing the treatment process, ensuring workplace safety and provided that you give your explicit consent, informing 3rd parties with respect to the medical procedure applied, and promoting the medical services provided.
Your Financial Data shall be processed for the purposes of checking your fee payments and reimbursement in the case of any excess fee.
Your Transfer and Accommodation Data shall be processed for the purpose of planning the transfer and accommodation services of patients/clients who come to our country for the purpose of International Health Tourism.
Your aforementioned Personal Data and Sensitive Personal Data shall be processed again on the basis of the aforementioned purposes and the legislation in order to carry out the examination, protective medicine, medical diagnosis, treatment and medical applications to be administered and fulfill the obligations with respect to your treatment. If you fail to provide your personal data, the legal obligations imposed on DR. SERAN GÖÇER who will render services during your medical treatment shall not be fulfilled as required and your treatment and/or your recovery processes shall not be conducted successfully.
PERSONAL DATA COLLECTION METHOD
Depending on the health service offered by DR. SERAN GÖÇER, your Personal Data and Sensitive Personal Data shall be collected;
through your health reports, laboratory and imaging results, analyses and your statements on the health data that you provide by coming to DR. SERAN GÖÇER’s clinic for examination and treatment purposes and which you submit for the performance of a medical assessment with respect to the treatment to be administered to you,
by means of completing “Patient Information and Approval Form” with respect to the treatment to be administered by DR. SERAN GÖÇER,
through a contact form that you complete via DR. SERAN GÖÇER’s corporate web site www.drserangocer.com,
through electronic mails which you will send to DR. SERAN GÖÇER’s corporate e-mail address (seran@drserangocer.com),
upon your request and whenever necessary, for DR. SERAN GÖÇER to remotely perform your diagnoses and follow-ups online, through the written/audible/visual (photo and/or video recordings) messages you send to DR. SERAN GÖÇER by using remote connection applications and service providers (whatsapp/zoom.us/facetime/skype/messanger/google/instagram/facebook etc.) and online audio/video calls you make through these applications by agreeing to their respective Privacy Policies and Foreign Transfer Principles,
by sending direct messages to the profile account owned by DR. SERAN GÖÇER and/or commenting on her posts on the social media accounts with servers located abroad, which you already use by agreeing to their respective Privacy Policies and Foreign Transfer Principles (instagram, youtube, facebook, twitter, linkedin etc.),
with the information you transfer by agreeing to the automatic processing of such information via panels such as “contact us” or “get more information” in the promotions and advertisements published by DR. SERAN GÖÇER through social media accounts with servers located abroad, which you already use by agreeing to their respective Privacy Policies and Foreign Transfer Principles (instagram, youtube, facebook, twitter, linkedin etc.),
through the photo/video recordings obtained before, during and/or after the medical procedure administered/to be administered by DR. SERAN GÖÇER,
should you wish to join the wireless internet network (wi-fi) at DR. SERAN GÖÇER’s clinic as a guest user, via the loggers used within the scope of the technical measures taken pursuant to the legislation,
via the CCTV security cameras used to ensure security at the workplace within the scope of DR. SERAN GÖÇER’s legitimate interests,
and shall be processed to allow DR. SERAN GÖÇER to duly and completely fulfill her contractual and legal obligations throughout the examination, medical diagnosis, treatment and medical care services in accordance with the PDPL and the GDPR.
PURPOSE, METHOD AND LEGAL REASON FOR PROCESSING YOUR PERSONAL DATA
Your Personal Data can also be processed by the natural persons or legal entities authorized by DR. SERAN GÖÇER in the capacity of “DATA PROCESSOR/PROCESSOR” obtaining your explicit consent verbally, in writing, by taking camera footage and photographs after taking the necessary technical and administrative measures and keeping physical and electronic records in situations stipulated in the relevant provisions of the PDPL and the GDPR.
CIRCUMSTANCES THAT REQUIRE YOUR EXPLICIT CONSENT STATEMENT
In accordance with the GDPR article 6/1/a and the PDPL article 5/1, your Personal Data can be processed only by obtaining your explicit consent in the following situations;
It shall only be possible to send you an SMS message and/or e-mail and to establish mobile communication for the purpose of promotion, announcement and providing information on the medical services rendered by DR. SERAN GÖÇER by obtaining your explicit consent.
It shall only be possible to share your photographs and/or video records taken for the purpose of observing development of the treatment before the medical procedure, during the medical procedure and/or after the medical procedure on DR. SERAN GÖÇER’s social media accounts (instagram, youtube, facebook, twitter, linkedin vs.) and corporate web sites (whatsapp/ instagram/facebook/messenger) by obtaining your explicit consent.
As the sharing of your data through service providers with servers located abroad will be considered “transfer to a foreign country” and there is an “explicit consent requirement” for transfers to foreign countries, in such cases your explicit consent shall be obtained. However, since there will be no transfer abroad by DR. SERAN GÖÇER in the following cases, YOUR EXPLICIT CONSENT SHALL NOT BE REQUIRED, AND YOUR EXPLICIT CONSENT SHALL BE DEEMED TO HAVE BEEN OBTAINED BY THE SERVICE PROVIDER OF WHICH YOU ARE A USER;
If you send written/audible/visual messages and/or photo and/or video recordings to DR. SERAN GÖÇER or make online audio/video calls by service providers with servers located abroad (whatsapp/zoom.us/facetime/skype/messanger/google/instagram/facebook etc.), which you already use by agreeing to their respective Privacy Policies and Foreign Transfer Principles, and request remote examination/diagnosis through these means; you are deemed to have agreed to the processing of the Personal Data and Sensitive Personal Data you shared with DR. SERAN GÖÇER through said applications by agreeing to their policies, in accordance with the PDP Clarification Text of DR. SERAN GÖÇER and principles of Confidentiality, to have consented to being contacted through said applications and to have given your explicit consent to these applications, with servers located abroad, for the foreign transfer of your data as per the policies of said applications to which you previously agreed.
If you request contact through the electronic mail service providers (Hotmail, gmail, Yahoo etc.) with servers located abroad, which you already use by agreeing to their respective Privacy Policies and Foreign Transfer Principles; you are deemed to have agreed to the processing of the Personal Data and Sensitive Personal Data you shared in the messages by DR. SERAN GÖÇER, in accordance with the PDP Clarification Text and principles of Confidentiality, and to have given your explicit consent to these applications, with servers located abroad, for the foreign transfer of your data as per the policies of said applications to which you previously agreed.
If you apply to the advertisements and promotions of DR. SERAN GÖÇER, which are published on the social media service providers (facebook, instagram, Google, whatsapp etc.) with servers located abroad; the data for which you gave your permission to be automatically processed and transferred abroad by agreeing to the Privacy Policies and Foreign Transfer Principles of said social media service providers shall be transferred by the relevant social media service provider to DR. SERAN GÖÇER, and shall be processed and retained by DR. SERAN GÖÇER in accordance with the principles of this Clarification Text and the Principles of Confidentiality. In such a case, you are deemed to have agreed to DR. SERAN GÖÇER’s Clarification Text and Principles of Confidentiality and to the processing of your Personal Data and Sensitive Personal Data in accordance with such principles, and to have given your explicit consent to be contacted by DR. SERAN GÖÇER by using the contact information you provided.
If you send direct messages to the profile account owned by DR. SERAN GÖÇER on social media accounts (instagram, youtube, facebook, twitter, linkedin etc.) with servers located abroad, which you already use by agreeing to their respective Privacy Policies and Foreign Transfer Principles; you are deemed to have given your explicit consent for DR. SERAN GÖÇER to process your data in accordance with her PDP Clarification Text and the Principles of Confidentiality, and contact you through the relevant application.
SITUATIONS WHERE YOUR DATA COULD BE PROCESSED WITHOUT SEEKING EXPLICIT CONSENT STATEMENT:
In accordance with the GDPR article 9/2/h and the PDPL article 6/3;
Your Health Data, which are deemed to be Sensitive Personal Data shall be processed by DR. SERAN GÖÇER under the obligation of keeping secret in accordance with the law for the purpose of executing the services of examination, medical diagnosis, treatment and care without seeking your explicit consent.
In accordance with the GDPR article 6/1/b and PDPL article 5/2/c;
Your Personal Data shall be processed by DR. SERAN GÖÇER without seeking for your explicit consent for the purposes of carrying out your follow-ups after the processes of medical diagnosis and treatment, contacting you directly and managing the appointment processes.
In accordance with the GDPR, article 6/1/f and PDPL, article 5/2/f, with reference to your legitimate interests;
Your Personal Data shall be processed by DR. SERAN GÖÇER without seeking for your explicit consent for the purpose of ensuring patient satisfaction and performing claim management.
In accordance with the GDPR, article 6/1/c, PDPL article 5/2/a and PDPL, article 5/2/ç, with reference to legal obligations, your Personal Data shall be processed without obtaining your explicit consent in the following conditions;
Creating a patient file.
Preserving the information on your health data to be stored in accordance with the relevant legislation.
Checking your fee payments and issuing an invoice.
Making tax payments.
Performing obligations pursuant to the Ministry of Health Regulations.
Performing obligations pursuant to the Health Tourism Legislation.
Ensuring your data safety.
Performing legal obligations before Judiciary Authorities.
Performing administrative obligations before Administrative Institutions and Organizations.
TRANSFER OF YOUR PERSONAL DATA AND TO WHOM AND FOR WHICH PURPOSES THEY WILL BE TRANSFERRED
Your Personal Data and Sensitive Personal Data collected for the purposes and subjected to the conditions contained in the scope of the Personal Data Processing Conditions specified in Articles 5 and 6 of the PDPL no. 6698 and Articles 6 and 9 of the GDPR may be transferred to 3rd party individuals and institutions in conformity with articles 8 and 9 of the PDPL and articles 45 and 49 of the GDPR, for the purpose of allowing DR. SERAN GÖÇER to carry out, develop examination, protective medicine, medical diagnosis, treatment and care services, receiving consultation services from other specialists when necessary, fulfilling the legal obligations within the scope of health tourism in conformity with the legislation, planning the transfer, accommodation and translation services for patients/clients who come to our country for the purpose of health tourism, communicating with patients, managing follow-up 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 the financial, legal and administrative obligations, ensuring technical and commercial safety, fulfilling public obligations and informing 3rd parties with regard to the medical services provided; to the extent necessary for such purposes, by executing the necessary Confidentiality Agreements and providing all the administrative and technical security measures stipulated by the legislation. Within this scope, your Personal Data and Sensitive Personal Data processed by DR. SERAN GÖÇER shall be transferred to;
Other specialists for consultation purposes,
Her Insured Employees,
Her Suppliers,
Financial Consultant, Tax and Finance Consultants and Auditors
Legal Consultant
Database (Server) Providers
“Clinic Management Software System” Service Provider
Translators
Promotion Consultant
Data Protection Officer
IT Consultant
WEB Consultant
Tourism Agencies
Public Institutions and Entities authorized as per the laws,
Judiciary Authorities.
PERSONAL DATA PROCESSING PERIOD
Your Personal Data shall be stored by DR. SERAN GÖÇER to the extent and for the period she is legally obligated to store them. Documentation and storage obligations arise from local norms related to trade, tax and health legislation. The following table contains the periods of storage of your Personal Data.
DATA SUBJECT AGE LIMIT UNDER THE LEGISLATION
Under the PDPL, patients/clients shall be able to personally give approval for the processing personal data provided that they are at least 18 years old. Approvals for the patients/clients under this age limit should be given by their legal guardians.
Under the GDPR, citizens of the European Union and the patients/clients residing in the European Union member states may give their approvals for the processing of their personal data personally, provided that they are at least 16 years old or above the age limit set forth in their countries. Approvals for the patients/clients under this age limit should be given by their legal guardians.
WITHDRAWAL OF CONSENT
We hereby inform you that in the case that you consent to DR. SERAN GÖÇER for the processing of your Personal Data, you can withdraw your consent given for the aforementioned purposes at any time in accordance with the GDPR article 6/1/a and the PDPL article 5/1. Your consent shall be withdrawn if you deliver your statement of withdrawal of consent to the following contact address, as indicated below.
RIGHTS OF DATA SUBJECTS IN ACCORDANCE WITH THE GDPR
As a Data Subject, your Personal Data are protected in accordance with the GDPR as well. Within the jurisdiction of the GDPR, the rights of the Data Subjects’ (citizens of the European Union or those residing in European Union member states) are as follows;
Right of Access (GDPR, article 15): The Data Subject is entitled to make an application to DR. SERAN GÖÇER to confirm whether the personal data related to him/her are processed and if the personal data is processed, he/she is entitled to learn the details contained in the GDPR art. 15.
Right to Rectification (GDPR, article 16): The Data Subject is entitled to make an application at any time and have his/her personal data in DR. SERAN GÖÇER’s possession rectified.
Right to Erasure (GDPR, article 17): The Data Subject is entitled to request the erasure of his/her personal data in DR. SERAN GÖÇER’s possession. In the case that the issues specified in the GDPR, article 17 occur, your personal data shall be erased without delay by DR. SERAN GÖÇER.
Right to Restriction of Processing (GDPR, article 18):
If the Data Subjects contest the currency of the Personal Data, they are entitled to request for restriction of use of the data in the capacity of Data Subject until their accuracy is confirmed by DR. SERAN GÖÇER.
If the Data Subject requests the erasure of his/her Personal Data because the activity of processing the Personal Data is unlawful, he/she is entitled to request for restriction of use of the data until his/her request is fulfilled.
The Data Subject is entitled to request for restriction of use of the data in the case that DR. SERAN GÖÇER no longer needs the personal data for processing purposes.
The Data Subjects are entitled to request for restriction of use of the data until it is verified whether DR. SERAN GÖÇER’s legitimate reasons for processing the data take precedence over the Data Subject’s legitimate reasons in the case that they object to the activity of processing in accordance with 21/1 article of the GDPR.
Right to Data Portability (GDPR, article 20): The Data Subject is always entitled to make an application and request the transfer of the Personal Data kept in DR. SERAN GÖÇER’s possession to any other controller if technically possible. However, this right could be exercised at times data processing is based on consent or in other cases required by the contract.
Right to Object (GDPR, article 21):
The Data Subject is entitled to object to the processing of the Personal Data on the basis of the justifications related to his/her special conditions including profiling within the scope of subparagraphs (e) or (f) of Article 6(1) of the GDPR. DR. SERAN GÖÇER may not process the Personal Data if she cannot indicate a strong legitimate reason including one that takes precedence over the Data Subject’s interests, rights and freedoms or establishment, exercise or protection of a legal right.
The Data Subject is entitled to object to the processing of the Personal Data for marketing purposes in the case that the Personal Data is processed directly for marketing purposes, including profiling to the extent that it is directly related to marketing.
In the case that the Data Subject objects to processing of the Personal Data directly for marketing purposes, Personal Data can no longer be processed for such purposes.
RIGHTS OF DATA SUBJECTS IN ACCORDANCE WITH THE PDPL
The rights which the natural persons the Personal Data of whom are processed have in accordance with article 11 of the PDPL are as follows;
To learn whether his/her personal data are processed,
If the personal data is processed, to request for information in this regard,
To learn the purpose of processing the personal data and whether they are used for the intended purpose,
To know the third parties within the country or abroad to whom personal data are transferred,
In the case that the personal data are processed deficiently or inaccurately, to request for correction of the same and to request for notification of the transaction performed within this scope to the third parties to whom personal data are transferred,
In the case that despite having been processed in conformity with the PDPL and other relevant law provisions, the reasons for processing the data are no longer valid, to request for deletion of the personal data and to request for notification of the transaction performed within this scope to the third parties to whom personal data are transferred,
To object to emergence of a result contrary to the person himself/herself by analyzing the data exclusively by means of the automatic systems,
To request for compensation of the loss in the case that the person incurs loss for unlawful processing of the personal data.
In the case that there are rights or claims that you want to exercise among the above listed rights of yours; you may come to the address of “Teşvikiye Mah. Vali Konağı Cad. Demirhan Apt. No:36/5 Nişantaşı-Şişli/İstanbul/Turkey” as specified in DR. SERAN GÖÇER’s corporate web sites and personally submit by hand your written application where you indicate clearly and understandably which one of the rights specified in the articles of the GDPR with respect to the rights of data subjects and the rights specified in article 11 of the PDPL you request to exercise, with wet signature along with documents evidencing your identity, send the same by means of a notary public or send the same to the e-mail address of “seran@drserangocer.com” signing with a secure e-signature or send the same using other methods indicated in the PDPL as well. Your applications have to contain the name and surname, signature, T.R. Identity Number/Passport Number/temporary T.R. Identity Number, residence or business address, e-mail address, telephone and fax number, matters that gave rise to the request, in accordance with the “Communiqué on the Principles and Procedures for the Application to the Data Controller”.
DR. SERAN GÖÇER shall finalize the request as soon as possible and within no later than thirty (30) days depending on the nature of the request, free of charge. However, in the case that the transaction requires any further cost, the fee in the tariff determined by the Personal Data Protection Board shall be collected.
CONSENT AND APPROVAL
When you read and agree to this Clarification Text, you agree, represent and undertake, of your own free will and volition, that you are adequately and fully informed about the data processing procedures carried out by DR. SERAN GÖÇER, that you have learned your rights stipulated under the PDPL and the GDPR, and consent to the PROCESSING of your Personal Data and Sensitive Personal Data by DR. SERAN GÖÇER within the scope of this Clarification Text.
You are entitled to decline this Clarification Text after reading it.
SERAN HAVVA GÖÇER DEMİRHANOĞLU hereby notifies you in the capacity of “DATA CONTROLLER” within the scope of the PDPL and in the capacity of “CONTROLLER” within the scope of the GDPR.
Kind Regards.