Personal Data Protection

This clarification text has been prepared to inform data subjects about the procedures and principles regarding the processing of personal data belonging to patients/clients who apply to Op. Dr. Emre Gönen PRACTICE (“Op. Dr. Emre Gönen”) in accordance with the Law on the Protection of Personal Data No. 6698 (“KVKK”) in Turkish Legal Legislation and the European Union General Data Protection Regulation (“GDPR”).

Ensuring the security of patients'/clients' personal data is one of the primary goals of Op. Dr. Emre Gönen. Therefore, in order to process patients'/clients' personal data securely and to prevent any unauthorized access or leakage that may occur unlawfully to these data, necessary security measures are taken by Op. Dr. Emre Gönen in compliance with the current legislation.

DATA CONTROLLER

Your Personal Data will be processed by Op. Dr. Emre Gönen PRACTICE operating at the address “Harbiye, Teşvikiye Cd. No:37 Daire:4, 34365 Şişli, Istanbul /Turkey” within the scope of KVKK No. 6698. Registered at Mecidiyeköy Tax Office, Tax Identification No. 012345678. Op. Dr. Emre Gönen is accepted as “DATA CONTROLLER” within the scope of KVKK and “DATA CONTROLLER” within the scope of GDPR.

YOUR PERSONAL DATA TO BE PROCESSED

Your personal data and special categories of personal data specified below will be processed by Op. Dr. Emre Gönen in accordance with the basic principles stipulated by KVKK Art. 4 and GDPR Art. 5, in line with the Personal Data Processing Conditions and Purposes specified in Articles 5 and 6 of KVKK and Articles 6 and 9 of GDPR, and to remain within the scope of the purposes included in this Clarification Text; in accordance with the law, linked, limited and proportionate to the processing purpose, by observing the principle of justice and transparency, accurately and up-to-date, by taking all kinds of technical and administrative measures stipulated in the legislation to ensure data security.

1. YOUR IDENTITY INFORMATION: Your name, surname, T.R. identity number and/or passport number and/or temporary T.R. identity number, identity information, passport information, place and date of birth, marital status, gender, profession, signature and other identity data that can identify you.
2. YOUR CONTACT INFORMATION: Your address (residence/workplace), phone number (your home/workplace landline and/or mobile phone numbers you reported), electronic mail address, IP address, social media accounts and other contact data.
3. YOUR HEALTH INFORMATION: Your blood group, laboratory and imaging results, analyses, allergies, chronic diseases, venereal diseases, infectious diseases, data regarding surgeries/operations you have undergone before, drugs you use continuously, your information regarding Covid-19 disease, your medical treatments, prescription information, hormonal information, information regarding your sexual life, body analysis and measurement information, skin analysis information, harmful habits to health and other health data required for the treatment and applications to be applied to you.
4. YOUR PHOTO/VIDEO IMAGES and VOICE DATA: Your image and sound recording data included in photos and/or videos recorded before the medical procedure, during the medical procedure and/or after the medical procedure.
5. YOUR FINANCIAL INFORMATION: Your bank account number, IBAN number, credit card information, billing and invoice information and other financial data.
6. YOUR TRANSFER and ACCOMMODATION INFORMATION: If you are a Health Tourist coming within the scope of International Health Tourism, your transfer information, flight ticket round-trip information, hotel accommodation information.

FOR WHAT PURPOSE YOUR PERSONAL DATA IS PROCESSED

Your Personal Data is processed by Op. Dr. Emre Gönen in accordance with KVKK and GDPR for the purposes of creating patient files, carrying out your examination, preventive medicine, medical diagnosis, treatment, medical applications and care services, performing your check-ups after medical diagnosis and treatment processes, managing complication processes that may occur, communicating one-on-one with you, managing appointment processes, performing patient satisfaction and request management, fulfilling legal and contractual obligations, keeping the information regarding your health data that must be stored as per relevant legislation within the determined periods, obtaining consultation services from other relevant specialist physicians when necessary so that your treatment can be done correctly, fulfilling legal obligations in accordance with the legislation within the scope of International Health Tourism, planning transfer, accommodation, interpreter services for Health Tourist patients/clients coming within the framework of Health Tourism, announcing innovations regarding medical treatments and applications, informing 3rd Persons about medical services offered within the framework of Health Tourism Legislations, planning and managing health services and their financing, fulfilling responsibilities arising from the legal relationship established between doctor and patient, fulfilling financial and administrative obligations, providing technical and commercial security and fulfilling public obligations. Your Personal Data will be processed by Op. Dr. Emre Gönen within the scope of KVKK and GDPR in the following situations and conditions:

1. Your Identity Data; will be processed for the purposes of creating patient files, carrying out your examination, preventive medicine, medical diagnosis, treatment, medical applications and care services, performing patient satisfaction and request management, planning transfer, accommodation and interpreter services for Health Tourist patients/clients coming within the framework of Health Tourism.
2. Your Contact Information; will be processed for the purposes of performing your check-ups after medical diagnosis and treatment processes, managing appointment processes, and also provided that you give explicit consent, announcing, informing, introducing innovations regarding medical treatments and applications and for the purpose of greeting and celebration on special days.
3. Your Health Information; will be processed for the purposes of performing your medical treatments successfully, obtaining consultation from another specialist physician if deemed necessary in your treatment process, creating patient files, keeping the information regarding your health data that must be stored as per relevant legislation within its period, fulfilling legal obligations included within the scope of current Health Law and Health Tourism Legislations.
4. Your Photo, Video and Voice Recording Information; will be processed by Op. Dr. Emre Gönen for the purpose of managing by observing the treatment process, and also provided that you give explicit consent, for the purpose of informing foreign persons who want to receive health service in our country within the framework of Health Tourism Legislations from a medical point of view about the medical procedure applied to you.
5. Your Financial Data; will be processed for the purpose of issuing invoices by performing control of your fee payments and for the purpose of fee refund in case of any fee excess.
6. Your Transfer and Accommodation Information; will be processed for the purpose of planning transfer and accommodation services of Health Tourist patients/clients coming within the framework of Health Tourism.

The above-mentioned personal data of yours will be processed in line with the purposes and legislation mentioned above so that your medical treatment can be performed and obligations regarding your treatment can be fulfilled. In case you do not provide your relevant personal data, the legal obligations imposed on Op. Dr. Emre Gönen, who will provide service in your medical treatment, cannot be fulfilled properly and your treatment and/or recovery processes cannot be carried out successfully.

METHOD OF COLLECTING PERSONAL DATA

Your Personal Data and Special Categories of Personal Data, depending on the health service provided by Op. Dr. Emre Gönen;

1. For the purpose of performing medical diagnosis, treatment and care services, during your arrival at the PRACTICE for examination, and/or for the purpose of carrying out the administrative and technical activities of the medical procedure to be applied, by being reported by you (and/or your legal representative/companion) in the PRACTICE,
2. Through the communication channels (phone, sms, whatsapp, e-mail, etc.) you use to contact Op. Dr. Emre Gönen for the purpose of getting information about medical procedures, making appointment requests and managing complication processes,
3. By being reported by relevant health institutions if you have had a medical procedure before in another health institution and consultation or other health data is required,
4. Through cookies (cookies) used on the website belonging to Op. Dr. Emre Gönen,
5. Through communication and appointment request forms on corporate websites,
6. Through the forms you filled out on social media (instagram, facebook, etc.) accounts,
7. Through the "Patient Information and Consent Forms" you filled out for the medical procedures to be applied to you,

will be collected and processed in accordance with KVKK and GDPR during the examination, medical diagnosis, treatment and care services so that Op. Dr. Emre Gönen can fulfill his contractual and legal obligations fully and properly.

PURPOSE, METHOD and LEGAL REASON FOR PROCESSING YOUR PERSONAL DATA

Your Personal Data may be processed by real or legal persons authorized by Op. Dr. Emre Gönen with the title of “DATA PROCESSOR”; by taking verbal, written, camera and photo records, together with the necessary technical and administrative security measures, by keeping a record in physical and electronic environment, and on the condition that your explicit consent is obtained separately in cases stipulated by the relevant provisions of KVKK and GDPR.

SITUATIONS WHERE YOUR EXPLICIT CONSENT STATEMENT MUST BE OBTAINED

Pursuant to GDPR article 6/1/a and KVKK article 5/1, in the situations specified below, your Personal Data may be processed only by obtaining your explicit consent;

1. Sending sms messages and/or emails to you and establishing mobile communication for the purpose of introduction, announcement and information of innovations regarding medical services provided by Op. Dr. Emre Gönen will only be possible by obtaining your explicit consent.
2. Sharing your photo and/or video records taken for the purpose of observing the development of the treatment before the medical procedure, during the medical procedure and/or after the medical procedure on the social media accounts (instagram, youtube, facebook, twitter, linkedin, clubhouse etc.) belonging to Op. Dr. Emre Gönen and on corporate websites will only be possible by obtaining your explicit consent.
3. Since sharing your data through service providers whose server is located abroad will be considered as "transfer abroad" and there is an "explicit consent requirement" for transfer abroad, your explicit consent will be obtained in such cases.

However, in the following cases, since there will be no transfer abroad performed by Op. Dr. Emre Gönen, YOUR EXPLICIT CONSENT WILL NOT BE SOUGHT, YOUR EXPLICIT CONSENT WILL BE DEEMED TO HAVE BEEN OBTAINED BY THE SERVICE PROVIDER OF WHICH YOU ARE A USER;

• In case you send text/voice messages and/or photo/video recordings to Op. Dr. Emre Gönen or make voice/video calls and request remote examination/diagnosis services using service providers whose servers are located abroad (WhatsApp / Zoom.us / FaceTime / Skype / Messenger / Google / Instagram / Facebook / Telegram / Clubhouse, etc.) of which you are already a user by accepting their Privacy Agreement and Overseas Transfer Principles; by accepting the policies of the aforementioned applications, you shall be deemed to have accepted the processing of your Personal Data and Special Categories of Personal Data shared with Op. Dr. Emre Gönen through these applications in accordance with this Personal Data Protection Clarification Text and Privacy Principles of Op. Dr. Emre Gönen, to have consented to being contacted through these applications, and to have given explicit consent to the aforementioned applications for the transfer of your data abroad pursuant to the policies of these applications whose servers are located abroad that you have previously accepted.
• In cases where you request to be contacted via e-mail service providers whose servers are located abroad (Hotmail, Gmail, Yahoo, etc.) of which you are already a user by accepting their Privacy Policy and Overseas Transfer Principles; you shall be deemed to have given explicit consent for Op. Dr. Emre Gönen to process your Personal Data and Special Categories of Personal Data shared in communications in accordance with his Personal Data Protection Clarification Text and Privacy Principles, and for your data to be transferred abroad by your e-mail service provider pursuant to the policies of these service providers whose servers are located abroad that you have previously accepted.
• In cases where you apply to the advertisements and promotions of Op. Dr. Emre Gönen published on social media service providers whose servers are located abroad (Facebook, Instagram, Google, WhatsApp, etc.); your data, which you have permitted to be processed automatically and transferred abroad by accepting the Privacy and Overseas Transfer Principles of the relevant social media service providers, will be transferred to Op. Dr. Emre Gönen by the relevant social media service provider and will be processed and preserved by Op. Dr. Emre Gönen in accordance with his Clarification Text and Privacy Principles that you are reading. In these cases, you shall be deemed to have accepted the Clarification Text and Privacy Principles of Op. Dr. Emre Gönen and the processing of your Personal Data and Special Categories of Personal Data accordingly, and to have given explicit consent for Op. Dr. Emre Gönen to reach out to you and contact you via the contact details you provided.
• In case you send a direct message to the profile account of Op. Dr. Emre Gönen on social media accounts (Instagram, YouTube, Facebook, Twitter, LinkedIn, etc.) whose servers are located abroad and of which you are already a user by accepting their Privacy Policies and Overseas Transfer Principles; you shall be deemed to have accepted the processing of your data by Op. Dr. Emre Gönen in accordance with his Personal Data Protection Clarification Text and Privacy Principles, and to have given explicit consent to being contacted through the relevant application.

SITUATIONS WHERE DATA CAN BE PROCESSED WITHOUT SEEKING EXPLICIT CONSENT STATEMENT

Pursuant to GDPR article 9/2/h and KVKK article 6/3;

• In order to carry out examination, preventive medicine, medical diagnosis, treatment and care services, your Health Data, which is considered Special Category Personal Data, will be processed by Op. Dr. Emre Gönen, who is under the obligation of keeping secrecy as per the Law, without seeking your explicit consent.

Pursuant to GDPR article 6/1/b and KVKK article 5/2/c;

• In order to perform your check-ups after medical diagnosis and treatment processes, to communicate one-on-one with you, and to manage appointment processes, your Personal Data will be processed by Op. Dr. Emre Gönen without seeking your explicit consent.

Pursuant to GDPR article 6/1/f and KVKK article 5/2/f, based on our legitimate interests;

• In order to perform patient satisfaction and request management, your Personal Data will be processed by Op. Dr. Emre Gönen without seeking your explicit consent.

Pursuant to GDPR article 6/1/c, KVKK article 5/2/a and KVKK 5/2/ç, based on legal obligations, your Personal Data will be processed without obtaining your explicit consent in the following situations;

• Creating a patient file.
• Keeping information regarding your health data that must be stored as per relevant legislation.
• Performing the control of your fee payments and issuing an invoice.
• Execution of tax payments.
• Execution of obligations as per Ministry of Health Legislations.
• Execution of obligations as per Health Tourism Legislation.
• Ensuring your data security.
• Execution of legal obligations before Judicial Authorities.
• Execution of administrative obligations before Administrative Institutions and Organizations.

TRANSFER OF YOUR PERSONAL DATA and TO WHOM AND FOR WHAT PURPOSE IT WILL BE TRANSFERRED

Your Personal Data collected in line with the conditions and purposes included in the Personal Data Processing Conditions specified in Articles 5 and 6 of KVKK No. 6698 and Articles 6 and 9 of GDPR; by being compliant with Articles 8 and 9 of KVKK and Articles 45 and 49 of GDPR, may be transferred by Op. Dr. Emre Gönen to 3rd persons and institutions for the purposes of carrying out and developing examination, preventive medicine, medical diagnosis, treatment and care services, obtaining consultation services from other specialist physicians when necessary, fulfilling administrative obligations regarding International Health Tourism Legislation, planning transfer, accommodation and interpreter services for Health Tourist patients coming within the framework of Health Tourism, establishing communication with patients, managing control appointment processes, planning and managing health services and their financing, fulfilling responsibilities arising from the legal relationship established between doctor and patient, fulfilling financial, legal and administrative obligations, ensuring technical and commercial security and fulfilling public obligations, introducing medical services offered to foreign persons who want to come to our country as Health Tourists within the framework of Health Tourism Legislations; to the extent necessary for the realization of the purpose, by concluding Confidentiality Agreements stipulated by the legislation and by providing all necessary administrative and technical security measures. In this context, your Personal Data processed by Op. Dr. Emre Gönen;

1. To other specialist physicians for consultation purposes,
2. To Insured Employees,
3. To Suppliers,
   • Financial Advisor, Tax and Finance Consultants and Auditors
   • Legal Advisor
   • Database (Server) Providers
   • Interpreters
   • Web Consultant
   • Data Protection Officer
   • IT Consultant
   • Tourism Agencies
4. To Public Institutions and Organizations authorized within the framework of laws,
5. May be transferred to Judicial Authorities.

PERSONAL DATA PROCESSING PERIOD

Your Personal Data will be stored by Op. Dr. Emre Gönen to the extent and for as long as he is legally obliged to store it. Documentation and storage obligations arise from local norms related to trade, tax and health legislation. The table shown below includes the storage periods of your Personal Data.

YOUR PERSONAL DATA	STORAGE PERIODS
Your Identity Information	20 Years After the End of the Service Provided to the Person Receiving Service
Your Contact Information	20 Years After the End of the Service Provided to the Person Receiving Service
Your Health Information	20 Years After the End of the Service Provided to the Person Receiving Service
Your Photo and Video Information	20 Years After the End of the Service Provided to the Person Receiving Service
Your Financial Information	5 Years After the End of the Service Provided to the Person Receiving Service

DATA SUBJECT AGE LIMIT WITHIN THE FRAMEWORK OF LEGISLATIONS

Within the scope of KVKK, patients/clients will be able to give consent in person for the processing of their personal data, provided that they have completed at least 18 years of age. The consents of patients/clients below this age limit must be given by their legal representatives.

Within the scope of GDPR, patients/clients who are citizens of European Union countries and reside in European Union countries can give their consent for the processing of their personal data in person, provided that they are at least 16 years old or at the age limit stipulated in their countries. The consents of patients/clients below this age must be given by their legal representatives.

WITHDRAWAL OF CONSENT

In case you give consent to Op. Dr. Emre Gönen for the processing of your Personal Data, we inform you that you can withdraw your consent given in line with the purposes mentioned above at any time in accordance with GDPR 6/1/a and KVKK 5/1. Your consent will be withdrawn if you convey your statement of withdrawal of consent to our contact address specified below in the manner specified below.

RIGHTS OF DATA SUBJECTS PURSUANT TO GDPR

As a Data Subject, your Personal Data is also protected pursuant to GDPR. In cases where the jurisdiction of GDPR is entered (European Union citizens or residents in European Union countries), the rights of Data Subjects are as follows;

• Right of Access (GDPR Article 15): The data subject has the right to obtain confirmation from Op. Dr. Emre Gönen as to whether or not personal data concerning them is being processed, and where that is the case, access to the personal data and details specified in GDPR Article 15.
• Right to Rectification (GDPR Article 16): The Data Subject has the right to request the rectification of inaccurate or updated personal data concerning them held by Op. Dr. Emre Gönen at any time upon application.
• Right to Erasure / Right to be Forgotten (GDPR Article 17): The Data Subject has the right to request the erasure of personal data concerning them held by Op. Dr. Emre Gönen. Where the grounds specified in GDPR Article 17 apply, your personal data shall be erased by Op. Dr. Emre Gönen without undue delay.
• Right to Restriction of Processing (GDPR Article 18):
  • Data Subjects have the right to request the restriction of data processing where they contest the accuracy of their Personal Data, for a period enabling Op. Dr. Emre Gönen to verify the accuracy of the Personal Data.
  • Where the processing of Personal Data is unlawful and the Data Subject opposes the erasure of the Personal Data, they have the right to request the restriction of its use until the request is fulfilled.
  • The Data Subject has the right to request the restriction of processing when Op. Dr. Emre Gönen no longer needs the personal data for the purposes of the processing.
  • Where Data Subjects object to processing pursuant to GDPR Article 21(1), they have the right to request restriction of processing pending the verification whether the legitimate grounds of Op. Dr. Emre Gönen override those of the Data Subject.
• Right to Data Portability (GDPR Article 20): The Data Subject has the right to receive their Personal Data held by Op. Dr. Emre Gönen or request its transmission directly to another controller where technically feasible. However, this right may only be exercised where processing is based on consent or a contract.
• Right to Object (GDPR Article 21):
  • The Data Subject has the right to object, on grounds relating to their particular situation, at any time to processing of Personal Data concerning them based on point (e) or (f) of GDPR Article 6(1), including profiling. Op. Dr. Emre Gönen shall no longer process the Personal Data unless compelling legitimate grounds for the processing are demonstrated which override the interests, rights and freedoms of the Data Subject, or for the establishment, exercise or defense of legal claims.
  • Where Personal Data is processed for direct marketing purposes, the Data Subject has the right to object at any time to processing of Personal Data concerning them for such marketing, which includes profiling to the extent that it is related to such direct marketing.
  • Where the Data Subject objects to processing for direct marketing purposes, the Personal Data shall no longer be processed for such purposes.

RIGHTS OF DATA SUBJECTS PURSUANT TO KVKK

The rights that real persons whose Personal Data are processed have pursuant to KVKK article 11 are as follows;

• Learning whether their personal data is processed or not,
• Requesting information regarding this if their personal data has been processed,
• Learning the purpose of processing personal data and whether they are used in accordance with their purpose,
• Knowing the third parties to whom personal data are transferred domestically or abroad,
• Requesting the correction of personal data in case they are processed incompletely or inaccurately and requesting the notification of the transaction made within this scope to the third parties to whom the personal data are transferred,
• Requesting the deletion or destruction of personal data in case the reasons requiring their processing disappear although they have been processed in accordance with the provisions of KVKK and other relevant laws and requesting the notification of the transaction made within this scope to the third parties to whom the personal data are transferred,
• Objecting to the occurrence of a result against the person himself by analyzing the processed data exclusively through automated systems,
• Requesting the compensation of the damage in case of loss due to unlawful processing of personal data.

In case there are rights or requests you want to use from your rights listed above; your written application, in which you clearly and understandably state which of the rights specified in KVKK article 11 and the articles regarding data subject rights included in GDPR you request to use, can be submitted in person by coming to Op. Dr. Emre Gönen's address at “Harbiye, Teşvikiye Cd. No:37 Daire:4, 34365 Şişli, Istanbul, Turkey” with a wet signature and together with documents proving your identity, sent through a notary public or by signing with a secure e-signature and conveying it to the “dremregonen@gmail.com” mail address or sent by other methods specified in KVKK. In your applications, it is mandatory to have name-surname, signature, T.R. identity number/passport number/temporary T.R. identity number, residence or workplace address, e-mail address, phone and fax number, elements of the subject of the request pursuant to the "Communiqué on the Procedures and Principles of Application to the Data Controller". Op. Dr. Emre Gönen will conclude the request free of charge as soon as possible and within thirty (30) days at the latest depending on the nature of the request. However, in case the transaction requires an additional cost, the fee in the tariff determined by the Personal Data Protection Board will be charged.

CONSENT and APPROVAL

When you read and accept this Clarification Text, you are deemed to have accepted, declared and committed that you have full and complete information about the data processing process carried out by Op. Dr. Emre Gönen, that you have learned your rights ruled by KVKK and GDPR and that you give consent with your free and independent will to the PROCESSING of your Personal Data and Special Categories of Personal Data by Op. Dr. Emre Gönen within the scope of this Clarification Text.

You have the right not to accept after reading the Clarification Text.

Op. Dr. Emre Gönen notifies with the title of “DATA CONTROLLER” within the scope of KVKK and “CONTROLLER” within the scope of GDPR.

Best regards.