Protection of Personal Data

Feniel Teknoloji Limited Şirketi (“Feniel” or the “Company”) considers the privacy and security of your personal data among its highest priorities. In this context, in order to fulfill our disclosure obligation under Article 10 of the Personal Data Protection Law No. 6698 (“KVKK”), we would like to inform you about your personal data. Personal data means any information that identifies you or makes you identifiable. The personal data processed by Feniel, the purposes for which it is processed, the groups of recipients to whom it may be transferred, the method of collection, the legal basis, and your rights regarding this personal data are listed below.

A- OUR MEMBERS

1- Which of your personal data does Feniel process?

People who accept the membership terms on the Feniel platform, log in via the website or the application installed on their mobile devices, and follow and/or purchase products on the platform are defined as “Members”. If you become a member of the Feniel platform, the following personal data of yours may be processed.

• Your Identity Information: Your first name, last name, gender and age, and your Turkish ID Number (processed in accordance with legislation only if you purchase certain product groups).
• Your Contact Information: Your mobile phone number, delivery address and email address,
• Your Customer Transaction Information: Your order and invoice information, delivery transaction information, transaction history for your purchases, request and complaint information, information you personally share in comments and/or questions about products on the platform, and information regarding the content of conversations held via chat with the Feniel assistant,
• Your Transaction Security Information: IP address information, password information, and cookie information,
• Your Legal Transaction Information: Information in correspondence with authorized persons, institutions and organizations, information in lawsuit and enforcement files, and information regarding legal information requests,
• Your Voice Recording Information: Your voice recording if you contact the call center.

2- What are the purposes of processing your personal data and the methods of collection?

Your identity, contact and customer transaction information is collected from you automatically in electronic form through the mobile application or website, within the scope of our contractual relationship, and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting and auditing finance and accounting processes,
• Conducting and auditing the Company's commercial activities,
• Carrying out invoicing processes,
• Conducting logistics and shipping activities and monitoring delivery processes,
• Carrying out purchase transactions through the website/mobile applications and verifying the identity information of the person making the transaction,
• With your explicit consent, it may be used in various marketing and advertising activities aimed at offering you a better shopping experience and increasing your satisfaction, particularly by offering products suited to your preferences,
• Increasing customer satisfaction, getting to know our customers who shop on the platform and using this in customer profile analysis, and carrying out activities to develop and improve the products and services offered by our Company,
• Conducting strategic analysis studies,
• Conducting communication activities,
• Offering products that may interest you, taking your interests into account,
• Communicating and providing the necessary information about the terms, current status and updates of contracts concluded through our platform, in accordance with the relevant articles of the Distance Sales Contract and the Consumer Protection Law,
• With your explicit consent, informing you about developments, opportunities and news at Feniel,
• Identifying customers who shop on our website and/or mobile applications, carrying out activities to use in customer profile analysis, and in this context conducting surveys in electronic and/or physical environments through contracted organizations,
• Evaluating your requests, complaints and suggestions regarding our products and services,
• Enabling you to obtain information about products,
• Providing after-sales support services for goods and services,
• Carrying out information security processes,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Following up and conducting legal affairs,
• Providing information to authorized persons, public institutions and organizations.

Your transaction security information is collected from you automatically in electronic form through the mobile application or website, within the scope of our contractual relationship, and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting and auditing the Company's commercial activities,
• Carrying out purchase transactions through the website/mobile applications and verifying the identity information of the person making the transaction,
• With your explicit consent, it may be used in various marketing and advertising activities aimed at offering you a better shopping experience and increasing your satisfaction, particularly by offering products suited to your preferences,
• Increasing customer satisfaction, getting to know our customers who shop on the platform and using this in customer profile analysis, and carrying out activities to develop and improve the products and services offered by our Company,
• Conducting information security processes,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Providing information to authorized persons, institutions and organizations.

Your legal transaction information is collected from you, through the mobile application and the website, automatically in electronic form, within the scope of our contractual relationship, and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting and auditing the Company's commercial activities,
• Evaluating your requests, complaints and suggestions regarding our products and services,
• Conducting information security processes,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Following up and conducting legal affairs,
• Providing information to authorized persons, institutions and organizations.

When you call the call center, your voice recording information is collected and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting communication activities,
• Carrying out activities aimed at offering you a better shopping experience and increasing your satisfaction, particularly by organizing campaigns and offering products suited to your preferences,
• Carrying out activities aimed at developing and improving the products and services offered by our Company,
• Offering products that may interest you, taking your interests into account,
• Communicating and providing the necessary information about the terms, current status and updates of contracts concluded through our platform, in accordance with the relevant articles of the Distance Sales Contract and the Consumer Protection Law,
• With your explicit consent, informing you about developments, opportunities and news at Feniel,
• Identifying customers who shop on our website and/or mobile applications, carrying out activities to use in customer profile analysis, and in this context conducting surveys in electronic and/or physical environments through contracted organizations,
• Evaluating your requests, complaints and suggestions regarding our products and services,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Following up and conducting legal affairs,
• Providing information to authorized persons, institutions and organizations.

3- What is the legal basis for processing your personal data?

For the purposes stated above, Feniel processes your personal data, under the heading “Which of your personal data does Feniel process?”, on the legal grounds stated in Articles 5, 8 and 9 of KVKK, listed below.

• Based on the legal ground expressly provided for in the legislation to which our Company is subject, in particular the Electronic Commerce Law No. 6563, the Turkish Commercial Code No. 6102, the Turkish Penal Code No. 5237 and the Consumer Protection Law No. 6502: ensuring the security of transactions on the Company platform, carrying out information security processes, fulfilling our obligations arising from legislation, and in particular carrying out activities aimed at ensuring that activities are conducted in compliance with legislation;
• In accordance with the relevant articles of the Consumer Protection Law, establishing the contracts concluded through our platform (for example, distance sales contracts), carrying out your purchase transactions, conducting and auditing the Company's commercial activities, monitoring delivery processes, evaluating your requests, complaints and suggestions regarding our products and services, conducting and auditing finance and accounting processes, and conducting communication activities; on the legal ground that the processing of your personal data is directly related to the establishment or performance of a contract;
• Because it is mandatory for our Company to fulfill its legal obligations: fulfilling the legal obligations set out in the secondary legislation to which our Company is subject, primarily the Regulation on Distance Contracts and the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, and/or in decisions, guidelines and guides issued by the competent authorities; providing information to authorized persons, institutions and organizations; ensuring that activities are conducted in compliance with legislation; following up and conducting legal affairs; and conducting financial and accounting affairs;
• Because data processing is mandatory for the establishment, exercise or protection of a right: conducting legal and litigation affairs;
• Conducting activities aimed at developing and improving the products and services offered by our Company, because data processing is mandatory for our Company's legitimate interests, provided that it does not harm fundamental rights and freedoms;
• Transferring personal data abroad based on your explicit consent.

4- To whom and for what reasons does Feniel transfer your personal data?

Our Company takes care to process your personal data in accordance with the principles of “need to know” and “need to use”, by ensuring the necessary data minimization and taking the necessary technical and administrative security measures. Because conducting or supervising business activities, ensuring business continuity and operating digital infrastructures require continuous data flow with different stakeholders, we need to transfer the personal data we process to third parties for specific purposes. In addition, it is very important that your personal data is accurate and up to date so that we can fully and correctly fulfill our contractual and legal obligations. For this purpose, we have to work with various business partners and service providers.

Your personal data may be used, to the extent necessary and limited to the purposes stated in the second article of this notice, for the operation of the marketplace, carrying out the delivery processes of the products you order, managing your help and support requests regarding your processes, carrying out activities aimed at improving your experience and satisfaction, carrying out activities aimed at developing and improving the products and services offered by our company, offering you a better shopping experience and increasing your satisfaction, ensuring business continuity, ensuring information security, and fulfilling legal obligations:

Based on legal grounds such as being expressly stated in the legislation to which our Company is subject, being mandatory for the fulfillment of legal obligations, and being necessary for the establishment or performance of a contract;

• We cooperate with the product seller and service provider to carry out purchasing processes.
• To carry out logistics activities and monitor delivery processes, you and/or the person to whom the product will be delivered are contacted by the seller of the purchased product, cargo companies and private couriers.
• To carry out invoicing processes, we cooperate with our business partners, the seller of the purchased product, our consultants and service providers, banks and financial advisors.
• We cooperate with business partners and other service providers that provide call center services for the sale of goods and services and for after-sales support services.
• We cooperate with business partners and service providers that provide services in the areas of service quality control, complaint management and risk analysis.
• To manage financial and accounting processes, identify and assess risks, and prevent fraud, we cooperate with the relevant business partners, consultants and service providers, banks and financial advisors.
• We cooperate with our e-invoice partners to send electronic invoices to customers.
• With cargo and courier companies and private integrators to ensure the delivery of physical contracts or invoices, and with our business partners providing independent audit, customs and financial advisory/accounting services,
• With tax offices to fulfill tax obligations, and with officials of the Ministry of Treasury and Finance of the Republic of Türkiye for invoices and collection receipts during tax audits,
• With our business partners and service providers that provide, operate or offer services for our IT infrastructure,
• With our business partners providing services in the areas of risk management and financial reporting processes,

Based on legal grounds such as data processing being mandatory for the establishment, exercise or protection of a right, being expressly provided for in the legislation to which our company is subject, and being mandatory for the fulfillment of its legal obligations;

• With lawyers, auditors, computer forensics experts, cybersecurity consultants, tax advisors and other third parties and business partners from whom we obtain consultancy and services within the scope of fulfilling our legal obligations,
• With competent public institutions and organizations such as regulatory and supervisory bodies, courts and enforcement offices,
• It may be shared with other public institutions or organizations authorized to request your personal data, our domestic and/or foreign affiliates, our suppliers, our business partners, banks with which we have agreements, and third parties from whom we receive products or services.

B- OUR GUEST MEMBERS

1- Which of your personal data does Feniel process?

People who follow and/or purchase products on the Feniel platform without becoming a member are defined as “Guest Members”. For as long as you use the Feniel platform as a guest member and make purchases, the following personal data of yours is processed.

• Your Identity Information: Your first name and last name,
• Your Contact Information: Your mobile phone number, delivery address and email address,
• Your Customer Transaction Information: Order and invoice information, delivery transaction information, transaction history for your purchases, and request and complaint information,
• Your Transaction Security Information: IP address information and cookie information,
• Your Legal Transaction Information: Information in correspondence with authorized persons, institutions and organizations, information in lawsuit and enforcement files, and information regarding legal information requests,
• Your Voice Recording Information: Your voice recording if you contact the call center.

2- What are the purposes of processing your personal data and the methods of collection?

Your identity, contact and customer transaction information is collected from you automatically in electronic form through the mobile application or website, and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting and auditing finance and accounting processes,
• Conducting and auditing the Company's commercial activities,
• Conducting logistics activities and monitoring delivery processes,
• Carrying out purchase transactions through the website/mobile applications and verifying the identity information of the person making the transaction,
• Carrying out activities aimed at developing and improving the products and services offered by our Company,
• Conducting strategic analysis studies,
• Conducting communication activities,
• Communicating and providing the necessary information about the terms, current status and updates of contracts concluded through our platform, in accordance with the relevant articles of the Distance Sales Contract and the Consumer Protection Law, and establishing the membership agreement,
• Evaluating requests, complaints and suggestions regarding our products and services,
• Conducting after-sales support services for goods and services,
• Carrying out information security processes,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Following up and conducting legal affairs,
• Providing information to authorized persons, institutions and organizations.

Your transaction security information is collected from you automatically in electronic form through the mobile application or website, and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting and auditing the Company's commercial activities,
• Carrying out purchase transactions through the website/mobile applications and verifying the identity information of the person making the transaction,
• Carrying out activities aimed at developing and improving the products and services offered by our Company,
• Conducting information security processes,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Providing information to authorized persons, institutions and organizations.

Your legal transaction information is collected from you, through the mobile application or the website, automatically in electronic form, and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting and auditing the Company's commercial activities,
• Carrying out activities aimed at developing and improving the products and services offered by our Company,
• Evaluating your requests, complaints and suggestions regarding our products and services,
• Conducting information security processes,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Following up and conducting legal affairs,
• Providing information to authorized persons, institutions and organizations.

When you call the call center, your voice recording information is collected and processed for the following purposes.

• Carrying out the processes of establishing and performing the contract,
• Conducting communication activities,
• Carrying out activities aimed at developing and improving the products and services offered by our Company,
• Communicating and providing the necessary information about the terms, current status and updates of contracts concluded through our platform, in accordance with the relevant articles of the Distance Sales Contract and the Consumer Protection Law,
• Evaluating your requests, complaints and suggestions regarding our products and services,
• Ensuring the security of transactions related to the Feniel platform,
• Ensuring that activities are carried out in compliance with legislation,
• Following up and conducting legal affairs,
• Providing information to authorized persons, institutions and organizations.

3- What is the legal basis for processing your personal data?

For the purposes stated above, Feniel processes your personal data, under the heading “Which of your personal data does Feniel process?”, on the legal grounds stated in Articles 5, 8 and 9 of KVKK, listed below.

• Based on the legal ground expressly provided for in the legislation to which our Company is subject, in particular the Law on the Regulation of Electronic Commerce No. 6563, the Turkish Commercial Code No. 6102, the Turkish Penal Code No. 5237 and the Consumer Protection Law No. 6502: ensuring the security of transactions on the Company platform, carrying out information security processes, fulfilling our obligations arising from legislation, and in particular in activities aimed at ensuring that activities are conducted in compliance with legislation;
• In accordance with the relevant articles of the Consumer Protection Law, carrying out the activities of establishing the contracts concluded through our platform, such as distance sales contracts, carrying out the activities of completing your purchase transactions, conducting and auditing the Company's commercial activities, monitoring delivery processes, evaluating your requests, complaints and suggestions regarding our products and services, conducting and auditing finance and accounting processes, and conducting communication activities; on the legal ground that the processing of your personal data is directly related to the establishment or performance of a contract;
• Provided that it is mandatory for our Company to fulfill its legal obligations: fulfilling the legal obligations set out in the secondary legislation to which our Company is subject, in particular the Regulation on Distance Sales and the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, and/or in decisions, guidelines and guides issued by the competent authorities, providing information to authorized persons, institutions and organizations, ensuring that activities are conducted in compliance with legislation, following up and conducting legal affairs, and conducting financial and accounting affairs;
• Conducting legal and litigation affairs on the legal ground that data processing is mandatory for the establishment, exercise or protection of a right;
• Conducting activities aimed at developing and improving the products and services offered by our Company, on the legal ground that data processing is mandatory for our Company's legitimate interests, as long as it does not harm fundamental rights and freedoms;
• Transferring personal data abroad on the legal ground of your explicit consent.

4- To whom and for what reasons does Feniel transfer your personal data?

The recipients, purposes and legal grounds for transfers of your personal data as a guest member are the same as those described above for members (Section A, item 4): business partners and service providers for purchasing, logistics, delivery, invoicing, call center, quality control, complaint management, risk analysis, finance and accounting, fraud prevention, e-invoicing, customs and independent audit, IT infrastructure and financial reporting; tax offices and officials of the Ministry of Treasury and Finance of the Republic of Türkiye; lawyers, auditors, forensic and cybersecurity experts, tax advisors; competent public institutions and organizations such as regulatory and supervisory bodies, courts and enforcement offices; and, where authorized, our domestic and/or foreign affiliates, suppliers, business partners, contracted banks and third parties from whom we receive products or services.

How does Feniel protect your personal data?

Personal data shared with Feniel is under Feniel's supervision and control. As the data controller, Feniel has undertaken the responsibility to establish the necessary organization and to take and adapt technical measures to protect the confidentiality and integrity of information, in accordance with the applicable legislation. Aware of our obligation in this regard:

• Penetration tests are carried out at periodic intervals in accordance with international and national technical standards on data privacy.
• Your personal data that you transmit to Feniel via the website, mobile site and mobile application is protected using SSL (Secure Sockets Layer) technology.
• Regular risk analyses are carried out on personal data processing activities, and measures are taken to reduce risks.
• Access and authorization controls are applied to prevent unauthorized access to personal data.
• In this context, we would like to state that we continuously update our data processing policies.

YOUR RIGHTS REGARDING THE PROTECTION OF YOUR PERSONAL DATA

By contacting our Company using the methods set out in the “Contact for Your Rights and Requests” section of this Notice, you have the right to:

• Learn whether your personal data is being processed,
• Request information about your personal data if it has been processed,
• Learn the purpose of processing your personal data and whether it is used in accordance with that purpose,
• Learn to whom your data is transferred, domestically or abroad,
• Request correction of your personal data if it is incomplete or incorrectly processed,
• Request deletion or destruction of your personal data under the conditions set out in KVKK,
• Request that the actions taken in line with your rights of correction, deletion and destruction stated above be notified to third parties to whom your personal data has been transferred,
• Object to the occurrence of a result against you through the analysis of your processed personal data exclusively by automated systems,
• Request compensation for your damages if you suffer harm because your personal data has been processed in violation of the relevant legislation.

CONTACT FOR YOUR RIGHTS AND REQUESTS

You can submit your questions and requests regarding your personal data to the Data Controller either by submitting a petition prepared in accordance with the conditions set out in the Communiqué on Procedures and Principles of Application, or by using the “Feniel Teknoloji Limited Şirketi Application Form” through the methods below. You can access the application form here.

Application Method / Application Address

Via Registered Electronic Mail (KEP) with a Secure Electronic Signature or Mobile Signature, you can send an email to hello@Feniel.com from your email address that you previously notified to our company and that is registered in the system.

*Relevant persons who apply with a “Personal Written Application” must present documents proving their identity. In this context, for your personal written applications to Fenerbahçe Mahallesi, Bağdat Caddesi No. 138/2 Kadıköy/İstanbul, we kindly ask you to present, together with the application form, only the front side of a photocopy of your ID (without the blood type and religion sections visible).

**We kindly ask you to write “Data Subject Request Regarding the Personal Data Protection Law” on the notification envelope of the application form or in the subject line of the email.**

If you, as the owner of personal data, submit your requests regarding your rights to Feniel, Feniel will conclude your request free of charge within 30 (thirty) days at the latest. However, if responding to your application requires a cost in accordance with the legislation, Feniel may charge a fee according to the tariff determined by the Personal Data Protection Board.

ABOUT THIS NOTICE

Feniel reserves the right to update this Personal Data Protection Notice at any time, within the framework of possible changes in the applicable legislation.

Update Date: 21/12/2021