Information Notice as per Personal Data Protection Law

1)  IDENTITY OF THE DATA CONTROLLER

This Information Notice is issued by Lavamin Madencilik Sanayi Ticaret A.Ş. (LAVAMİN) in their capacity as “data controller” under Law No. 6698 on Protection of Personal Data (“PDP Law”) promulgated on 07.04.2016.

2) PERSONAL DATA PROCESSING PURPOSES

Personal data is defined as all kinds of information related to an identified or identifiable natural person. Accordingly, all kinds of personal data that can help distinguish you from others, such as your name, surname, email address, telephone number, fingerprints, blood group etc. are referred to as personal data. Your personal data is protected under the Constitution of the Republic of Turkey, Law No. 6698 on Protection of Personal Data, Labor Law No. 4857 and other auxiliary legislation.

“Processing of Personal Data” means any transaction that LAVAMİN may perform on or in connection with personal data through fully or partially automated or non-automated means, provided that the latter are part of a data filing system, including without limitation the collection, recording, storage, retainment, alteration, adaptation, disclosure, transfer or retrieval of data, facilitating their accessibility or availability, categorization, or preventing the use thereof.

LAVAMİN, as the data controller, may request your personal data both to fulfill their legal obligations and as a requirement of the employment relationship, and can access your personal data directly or indirectly during the employment relationship and process them in accordance with applicable legislation. 

LAVAMİN;

May process your personal data without seeking your explicit consent if:

• it is necessary for putting our human resources policies and business processes into practice,
• it is necessary for obtaining necessary information at the request of, or within the scope of inspections by, regulatory and supervisory institutions and official bodies,
• it is essential for the fulfilment of legal obligations stipulated and mandated by the legal regulations, or
• As set forth in the Personal Data Protection Law Article 5 Par. 2:
• it is expressly provided for by applicable laws,
• processing of personal data of the parties of a contract is necessary, provided that it is directly related to the establishment or performance of the contract,
• it is essential for LAVAMİN to fulfill their legal obligation(s),
• processing of data is essential for the legitimate interests pursued by LAVAMİN, provided that this processing shall not violate the fundamental rights and freedoms of the data subject.

Except where personal data can be processed without the explicit consent of the data subject, provided that the conditions set forth in the Personal Data Protection Law Article 5 Par. 2 are complied with, your personal data is processed only with your explicit consent.

3) METHOD and LEGAL GROUND FOR DATA COLLECTION

In line with the requirements of the Personal Data Protection Law, LAVAMİN collects your personal data through the channels listed below, either by automated or non-automated means, whether it may be in verbal, written or electronical form, and processes the collected personal data in compliance with the processing conditions and purposes specified in Article 5 of the Personal Data Protection Law.

Your personal data is collected by means of the followings:

• Application forms in written or electronic format,
• Curriculum vitae sent by email, cargo, reference or other similar methods,
• Accounts run on behalf of LAVAMİN through various social media channels, 
• Correspondence via email, short messages, multimedia messages, other communication methods including information forms and all kinds of communication channels,
• Reference persons,
• Employment or consultancy companies that LAVAMİN works with,
• Cameras at the workplaces of LAVAMİN,
• Fingerprint reader systems at LAVAMİN workplace entrances and those used for passage or at dining hall entrances,
• Identity and license plate information obtained during provision of visitor cards,

Your location information accessed through the vehicle tracking system while using company vehicles.

It is essential that no private data that belong to the Employee or third parties and are not work-related is stored on any data storage device made available to the Employee by LAVAMİN for use in job. Considering that LAVAMİN has the right of remote control, surveillance and access to all kinds of devices and equipment belonging to LAVAMİN, the Employee is aware that LAVAMİN may access the private data stored on any such equipment and that these data can be copied to LAVAMİN data filing systems and/or directly deleted.

Your personal data is processed in accordance with the conditions and purposes of data processing set forth in Article 5 of the Personal Data Protection Law, specifically for the purpose of enabling LAVAMİN to offer better service and to determine whether the data subject is suitable for the vacant position, if essential or necessary as part of the employment relationship, in order to conduct and organize the company’s business activities, for the sake of objectivity in performance assessments, to ensure security at the workplaces of LAVAMİN, to fulfill legal obligations, to comply with occupational health and safety legislations, and to facilitate corporate and administrative management.

4) PURPOSE AND RECIPIENT OF PERSONAL DATA TRANSFERS

LAVAMİN can share your personal data with their shareholders, group companies, domestic affiliates, any institutions and organizations which represent and/or stand in a collaborative/commercial relationship with LAVAMİN in the course of the employment relationship, and with courts and other public institutions as may be required for the fulfilment of legal obligations.

5) RIGHTS OF THE DATA SUBJECT

As per Article 11 of the Personal Data Protection Law, you have the right to contact LAVAMİN at any time and:

• learn whether your personal data have been processed or not,
• if yes, demand information about the processing of your personal data,
• learn the purpose of data processing and whether the data is used for intended purposes,
• know the third parties whom your personal data is transferred to at home or abroad,
• request the rectification of any incomplete or inaccurate personal data, if any,
• request the erasure or destruction of your personal data under the conditions set out Article 7 of the Personal Data Protection Law,
• request that actions taken in compliance with subparagraphs (5) and (6) be notified to third parties whom your personal data is transferred to,
• object to any outcome that results from your personal data being analyzed by automatic means exclusively, to the detriment of your person,
• request compensation for damage incurred due to the unlawful processing of your personal data.