Personal Data Protection Law - Operatör Doktor Ercan Demiray
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Personal Data Protection Law

Clarification Text on Protection of Personal Data

1- Scope of the Personal Data Protection Law

Within the scope of this Clarification Text, some information is provided by Dr. Ahmet Ercan Demiray (“Dr. Ahmet Ercan Demiray’s Clinic / Clinic / Our Clinic”) in order to collect and process your personal data, including your sensitive personal data, in accordance with the law, you have provided us while using our health services and other services in accordance with the Personal Data Protection Law (“PDPL”) numbered 6698,  Health Services Fundamental Law numbered 3359, the Decree Law on the Organization and Duties of the Ministry of Health and its Affiliated Institutions, the regulations of the Ministry of Health and other legislation provisions;

As a Data Controller, Dr. Ahmet Ercan Demiray shall be able to save, store, update, share with third parties where permitted and/or required by legislation or agreements (relatives of the service recipient and / or public and / or private legal entities to whom the service recipient is an employee / insurance holder, other public and / or private law legal entities, third parties who receive services or cooperate to carry out the activities subject to the purposes specified in the legislation to which our clinic is liable to), transfer, classify, and process in the ways enumerated in the PDPL and the relevant legislation.

Among the sensitive personal data, the health data of the relevant persons may be processed only by persons or authorized institutions and organizations who are under the obligation of secrecy in order to protection of public health, preventive medicine, medical diagnosis, execution of the treatment and care services, planning and management of health services and financing, without the express consent of the person concerned. In addition, regardless of the personal data type, all sensitive personal data can be processed only if adequate precautions determined by PDPL are taken as per the law.

Your personal data is obtained in verbal, written, visual or electronic media, through call center, website, mobile applications, verbal, written and similar channels for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment and care services provided by the Clinic, planning and managing health services and financing.

2- Collection, Processing and Processing Purposes of Personal Data

Your collected personal data shall be processed within the personal data processing conditions and purposes specified in Articles 5 and 6 of the PDPL in order to ensuring the legal and commercial security of people who are in Clinical and business relations; ensuring the execution of human resources policies in our Clinic; determining and implementing the commercial and business strategies of the Clinic, presenting it to the authorized and assigned public institutions and organizations and judicial authorities and our domestic service providers from which we receive product and service support in information technologies or matters requiring expertise, within the scope of our legal obligations and the use of our legal rights. These data;

Within the scope of credentials, your name, surname, Turkish Republic identity number, passport number or temporary Turkish Republic identity number, place and date of birth, marital status, gender, insurance or patient protocol number and other identity data that we can identify you,

Within the scope of contact information, your address, telephone number, e-mail address and other contact information, voice conversation records kept by customer representatives or patient services in accordance with call center standards, and your personal data obtained when you contact us via e-mail, letter or other communication instruments,

Your financial data such as your bank account number, IBAN number, credit card information, billing information; your private health insurance data and Social Security Institution data for the purpose of financing and planning health services; in case you visit our Clinic, your camera recordings and images kept for security and control purposes,

Within the scope of your health information; Your personal data regarding all kinds of health and sexual life obtained during or as a result of medical diagnosis, treatment and care services, including but not limited to your laboratory results, test results, examination data, appointment information, prescription information, in case you apply for a job at Dr. Ahmet Ercan Demiray’s Clinic, your other personal data including the resume provided in this regard and your personal data regarding your employment contract in case you are hired as a Dr. Ahmet Ercan Demiray’s Clinic employee or related employee.

Any personal data obtained by Dr. Ahmet Ercan Demiray’s Clinic can be processed for the purposes listed;

Confirming your identity, protecting public health, conducting preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and financing, planning and managing daily operations with the functioning of our Clinic, drug supply, informing you about the appointment in case you make an appointment, carrying out risk management and quality improvement activities, making evaluations to improve healthcare services, to conduct research, to fulfill legal and regulatory requirements, to confirm your relationship with institutions contracted with the Clinic, to invoice in return for our health services, to share the information requested with private insurance companies within the scope of financing health services, sharing the requested information with the Ministry of Health and relevant public institutions and organizations in accordance with the relevant legislation, answering all your questions and complaints regarding our health services, taking all necessary technical and administrative measures within the scope of data security of our Clinic’s systems and applications, analyzing your use of health services in order to improve and developing the health services we offer, and keeping your health data, providing the necessary information in line with the demands and audits of regulatory and supervisory institutions and official authorities, the training and development of our employees, the monitoring and prevention of misconduct and unauthorized transactions, the revocation of the transactions, the preservation of your health data that should be kept in accordance with the relevant legislation, providing financial agreement with the institutions we have contracted with regarding the health services provided to you, the measurement of patient satisfaction and, without limitation, conducting and developing medical diagnosis, treatment and care services, planning and managing health services and financing, increasing patient satisfaction, research and similar purposes.

3- Transfer of Personal Data

Your Personal Data shall be able to be transferred to third parties in the country as well as abroad within the frame of personal data transfer conditions and purposes specified in Articles 8 and 9 of the Law with Ministry of Health, sub-units and family medicine centers affiliated with the ministry, private insurance companies (health, retirement, life insurance, etc.), Social Security Institution, General Directorate of Police and other law enforcement agencies, Turkey Pharmacists Association, General Directorate of the Census, judicial authorities, the laboratories in the country or abroad that Dr. Ahmet Ercan Demiray’s Clinic cooperate in order to medical for diagnosis and treatment, medical centers, ambulances, institutions that provide health services and medical devices, to another health institution in case you are referred to or you apply to, third parties from whom we have consulted, including the legal representatives you have authorized, the lawyers we work with, tax consultants and auditors, regulatory and supervisory institutions and official authorities, as Dr. Ahmet Ercan Demiray’s Clinic, our suppliers, support service providers, archive service providers and business partners that we use or cooperate with in our services regulations of Health Services Fundamental Law numbered 3359, the Decree Law numbered 663 on the Organization and Duties of the Ministry of Health and its Affiliated Institutions, Labor Law Numbered 4857, Social Insurance and General Health Insurance Law numbered 5510, Personal Data Protection Law numbered 6698, Regulation on Private Hospitals, Regulation on Processing of Personal Health Data and Protection of Privacy and Ministry of Health regulations and other legislative provisions and for the purposes explained above.

4- UNREQUIRED EXPRESS CONSENT SITUATIONS IN PROCESSING PERSONAL DATA AS PER PDPL

In accordance with Article 28 of the Personal Data Protection Law, if at least one of the following situations is occur, it shall be possible to process your personal data in cases where we do not have your Express Consent.

  1. Personal data processing is necessary for the prevention of crime or for a criminal investigation,
  2. Processing of personal data is necessary for the protection of the economic and financial interests of the State regarding budget, tax and financial issues,
  3. Processing of personal data within the scope of preventive, protective and intelligence activities carried out by public institutions and organizations authorized by law to ensure national defense, national security, public security, public order or economic security,
  4. Processing of personal data for purposes such as research, planning and statistics by making them anonymous with official statistics,
  5. In case it is necessary to process personal data belonging to the parties of the contract, provided that it is directly related to the establishment or performance of a contract,
  6. It is mandatory for the protection of the life or body integrity of the person who is unable to disclose her/his consent due to actual impossibility or whose consent is not legally valid,
  7. In case it is mandatory for Dr. Ahmet Ercan Demiray’s Clinic to fulfill its legal obligations,
  8. Provided that it does not harm the fundamental rights and freedoms of the person concerned, in case data processing is mandatory for the legitimate interests of Dr. Ahmet Ercan Demiray’s Clinic,
  9. In case it is clearly stipulated in the laws,
  10. In case it is made public by the person concerned,
  11. In case data processing is mandatory for the establishment, use or protection of a right,
  12. In addition, your personal data related to health and sexual life can only be processed to persons or authorized institutions and organizations under the obligation of confidentiality for the purpose of protecting public health, preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and financing by Dr. Ahmet Ercan Demiray’s Clinic without seeking your Express Consent.

5- Method and Legal Reasons for the Collection and Processing of Personal Data

Your personal data is collected and processed in order to carry out above-mentioned purposes and all kinds of work included in the field of activity within the legal framework of by Dr. Ahmet Ercan Demiray’s Clinic and to fulfill the contractual and legal obligations of the Clinic in this context in any verbal, written, visual or electronic media in accordance with Personal Data Protection Law Numbered 6698, Health Services Fundamental Law numbered 3359, the Decree Law numbered 663 on the Organization and Duties of the Ministry of Health and its Affiliated Institutions, Regulation on Private Hospitals, Regulation on Processing of Personal Health Data and Protection of Privacy, Ministry of Health regulations and other legislation provisions.

6- Rights of Data Owners Under the Law

Pursuant to Article 11 of the Law, as a personal data owner, by contacting our Clinic in writing or with other methods determined by the Personal Data Protection Board, you have right to learn whether your personal data is processed, to request information if your personal data has been processed, in case your personal data is processed, to request information regarding this process, to learn the purpose of processing and whether they are used for their intended purpose, if your personal data is transferred to third parties in the country or abroad, to know the third parties to whom your personal data is transferred, to request correction of your personal data in case of incomplete or incorrect processing and request the notification to the third parties to whom the personal data is transferred regarding this correction, to request the deletion or destruction of your personal data in the event that the reasons for processing your personal data cease and to request notification of the transaction made within this scope to third parties to whom personal data has been transferred, object to the occurrence of a result against you by analyzing the processed data exclusively through automated systems and in case you suffer damage due to unlawful processing of your personal data, you have the right to demand compensation for the damage.

In accordance with the “Notice on the Procedures and Principles of Application to the Data Controller” dated 10.03.2018 and numbered 30356; Data subjects can submit their requests within the scope of their rights specified in Article 11 of the Law, in written or registered electronic mail (KEP) address, secure electronic signature, mobile signature or the electronic mail address previously notified to our Clinic by the data owners and registered in the Clinical system or through a software or application developed for application purposes to our clinic.

To use your rights stated above, you can send your request containing the necessary information to determine your identity and your explanations about the right you want to use from the rights specified in Article 11 of the Law by getting information from Dr. Ahmet Ercan Demiray’s Clinic’s address info@ercandemiray.com or by filling in the “Application Form to Data Controller” on the website of https://ercandemiray.com/  whole and completely, you can deliver by hand of the form with wet signature to “Bağdat Cad. Ogün Sok. Singing apart. No: 1/17 Caddebostan- Kadıköy / Istanbul-Turkey “address or you can send through the notary or by other methods specified in the Law.

The requests in your application are in Turkish, as soon as possible and within thirty days at the latest, depending on the nature of the request shall be concluded free of charge by Dr. Ahmet Ercan Demiray’s Clinic. However, if the transaction requires an additional cost for the Clinic, you shall pay the fee in the tariff determined by the Personal Data Protection Board.

In accordance with the “Notice on Application Procedures and Principles for Data Controller”, in your application must contain your name-surname, signature, Turkish Republic identification number, residence or workplace address, e-mail address, telephone and fax number, presence of the subject of the request, clear and comprehensible of the subject you request in the application, the subject you request is related to you and in case you are acting on behalf of someone else, you also must present your certified special power of attorney.

The right of the Clinic to make changes in this clarification text for reasons arising from the Law, secondary regulations and Board decisions is always reserved. The changes to be made in the Clarification Text and the updated text shall become effective immediately as of the date of notification to you.

Express Consent Text Regarding Processing Personal Data

I HEREBY ACCEPT with my express consent;

I have read and understood the Clarification Text / Information Text on the Processing of Personal Data prepared by Dr. Ahmet Ercan Demiray’s Clinic (Clinic)

I have been informed about the purposes of processing my personal data, which are included in the Clarification / Information text in detail about the Processing of Personal Data, the institution, organization, company and health professionals to whom it is transferred, the methods and legal reasons for their collection, my rights to protect my personal data, data security and my application right,

The storage, processing and transfer of Personal Data in accordance with the matters specified in the Clarification / Information text, except in cases of the execution of the contract, clearly stipulated in the law, mandatory for Dr. Ahmet Ercan Demiray’s Clinic to fulfill its legal obligation, and the protection of public health, preventive medicine, medical diagnosis, treatment and care services, for the cases where the planning and management of health services and financing are processed and transferred as required.