Public Disclosure Text On Processing Of Personal Data

Public Disclosure Text On Processing Of Personal Data

This Public Disclosure Text has been prepared by Turkish Mercantile Exchange Inc. (“TMEX” or the Exchange) with respect to ““Public Disclosure Obligations of Data Supervisor” pursuant to and in reliance upon Article 10 of the Personal Data Protection Law no. 6698 (the “Law”) published and promulgated in the Official Gazette edition 29677 on 7 April 2016, and the Communiqué on Procedures and Principles to be Complied with in Performance of Public Disclosure Obligations published and promulgated in the Official Gazette edition 30356 on 10 March 2018, for the purpose of protection of fundamental rights and freedoms of individuals, particularly the right of privacy, in the course of processing of personal data. TMEX is acting sensitively with the awareness and consciousness of the significance of personal data and of responsibility arising out of registration and use of personal data. We, as TMEX, are showing care and due diligence in compliance with the Law and the good faith rule in the course of processing of personal data, and intend to inform you about your personal data processed accordingly with this Public Disclosure Text.

I. Identity of Data Supervisor

Pursuant to the Law provisions and other related regulations, TMEX is acting as the “Data Supervisor” for the data processed by it, and you can access TMEX through the following communication data.

Address : Mustafa Kemal Mah. Dumlupınar Blv. No:252 TOBB Kuleleri C Blok Kat: 19 Çankaya/ANKARA

Telephone : 0 (312) 939 35 55

Facsimile : 0 (312) 939 35 56

Web Address : www.turib.com.tr

II- Processed Personal Data

Depending on the kind and nature of your relations with TMEX, your such data as name and surname, birth place and date, personal photograph, identity number, home address, e-mail address, telephone number, mobile phone number, residence address, address registration system records, call center records, invoicing information, bank account number, IBAN number, car information and HES (Life Fits into Home) code and other records obtained in the course of controls at the time of entrance to or exit from the premises, visual records taken in TMEX premises and organizations, user names, audit trails, IP addressWeb page access logs, and data on cyber security containing logs, as well as your CRA (Central Registry Agency) registry number may be processed.

III- Purposes and Legal Reasons of Processing

Your personal data obtained by TMEX and referred to in the second part of this text may be processed for the purposes described in the following subparagraphs and due to the legal reasons cited inside parentheses:

Trading of Electronic Warehouse Receipts (EWR) and of futures contracts on EWRs transparently and easily within safety, free competition and stability; (Article 5/2,a of the Law);and
Functioning, audit and supervision of markets of TMEX and performance of quality and standards audits thereon (Article 5/2,ç,f of the Law); and
Assessment of applications for authorization of trading in TMEX (Article 5/2,e of the Law); and
Enabling those authorized to trade in TMEX / their representatives to have access to trading screens; (Article 5/2,e of the Law); and
Use of information about those authorized to trade in TMEX in the course of activities conducted by TMEX (Article 5/2,e of the Law); and
Collection of market orders regarding trading transactions executed in TMEX, management of settlement and clearing transactions and to this end, transfer of the trading data and information to the related clearing center or organization for the purpose of clearing and settlement of trades executed in TMEX (Article 5/2,e of the Law); and
Performance of obligations and duties of TMEX arising out of Article 53 of the Law on the Union of Chambers and Commodity Exchanges of Turkey and on Chambers and Commodity Exchanges (Law no. 5174), and out of other applicable laws and regulations pertaining thereto (Article 5/2,a of the Law); and
Storage and keeping of data in servers of the Union of Chambers and Commodity Exchanges of Turkey (Article 5/2,f of the Law); and
Implementation and enforcement of the Labour Act no. 4857 and the Social Security laws and regulations (Article 5/2,a of the Law); and
Compliance with the regulations and/or instructions of official authorities, and if required, disclosure of information to authorized persons / entities or other authorities, and establishment of contact links with the related persons therein; (Article 5/2,ç of the Law); and
Within the frame of the Information Systems activities of TMEX in compliance with the corporate policies and applicable laws and regulations, for the sake of efficient, effective and safe use providing the power of access to physical and electronic environments, and following up of use of said powers, and responding to internal and external help desk calls, thereby enhancing the service quality, and performance of legal obligations and liabilities in terms of internet accesses (Article 5/2,a and ç of the Law); and
Keeping and storage for management of legal case files, notifications and other legal affairs and conduct and management of execution proceedings and mediation processes (Article 5/2,ç of the Law); and
Formation and/or following up of TMEX financial data, accounting affairs and activities (Article 5/2,ç of the Law); and
Conduct of index and other TMEX statistical calculation activities and(Article 5/2,f of the Law); and
Registration of required information as a part of procurement of consulting, advice and other similar outsourcing services from external service providers; (Article 5/2,f of the Law); and
Performance and execution of goods/servicespurchasing and procurement contracts signed with suppliers of TMEX; (Article 5/2,e of the Law); and
Invoicing of services provided by TMEX and delivery of these invoices to the related persons / entities (Article 5/2,f of the Law); and
Establishment of communication with representatives of corporations or enterprises being a party to business partnership, business relations and stakeholder relations with TMEX, and building and management of other business and contract relations with them (Article 5/2,e of the Law); and
Conduct of communication and management of information activities, and registration and tracking of incoming and outgoing documents Activity and organization management activities, including providing information and invitation, in respect of training courses, seminars, meetings and other similar activities and organizations organized or supported by TMEX Article 5/2,f of the Law); and
Encouraging Participation in training programs and courses managed by TMEX and management of processes of registration in training programs and courses (Article 5/2,e of the Law); and
Sharing of data used and processed during activities and organizations with social channels and press and media institutions, and management of social media accounts (In case of receipt of an explicit consent from the related person pursuant to Article 5/f of the Law); and
Protection of legitimate interests and benefits of TMEX and ensuring physical locations and premises and legal and commercial security of TMEX; (Article 5/2,ç,e,f of the Law)

IV- Personal Data Collection Methods

Your personal data may be collected or received directly from you, or from third parties and legal and official authorities, also including, but not limited to, suppliers of goods / providers of services we are in cooperation with or have contractual relations with, in writing or via electronic channels (internet, social media and other public channels) or through trainings, and similar other activities and organizations or in forms prepared and issued by TMEX or otherwise in free format or by means of security cameras or via Registered Electronic Mail Systems, at the time you communicate or contact or establish a legal relationship with TMEX, and at any time during continuance of said relations, for the purposes of direct achievement of the objectives and provision of the services described hereinabove within the frame of legal reasons listed above.

V- To Whom and For Which Purposes the Processed Personal Data May be Transferred

Your personal data may be transferred or disclosed to legally authorized local official administrations and entities, regulatory and supervisory bodies and authorities, security forces, courts and execution offices, third party natural persons or legal entities, stakeholders, suppliers of goods/providers of services, and their duly authorized officers in strict compliance with Article 8 of the Law and for the purposes and objectives set forth in Article 3 of this Public Disclosure Text pursuant to and under the provisions of the Law pertaining to transfer and disclosure of personal data.

VI- Your Rights

TMEX displays the required sensitivity so as to assure that you can use all of the rights and interests granted to you pursuant to and under the Law, and you have the following rights regarding your personal data pursuant to the provisions of Article 11 of the Law:

1) To learn whether your personal data are processed or not; and

2) If your personal data are processed, to request information thereabout; and

3) To learn the purpose of processing of your personal data, and whether your personal data are used for the intended purposes or not; and

4) To learn the identity of third parties to whom your personal data are transferred and disclosed at home or abroad; and

5) In case of deficient or inaccurate processing of your personal data, to request completion or correction of them; and

6) Even if your personal data have been processed in accordance with the applicable laws, in case of disappearance of causes requiring processing of data, to request deletion or destruction of your personal data; and

7) If and when your personal data processed deficiently or inaccurately are completed or corrected, as the case may be, upon your demand, due to and upon correction of them or upon disappearance of causes requiring processing of data, to request that third parties to whom your personal data are transferred or disclosed hereunder are informed that the data are deleted, destroyed or anonymized as the case may be; and

8) To raise an objection against consequences that may arise in disfavour of you through analysis of your processed personal data solely and exclusively by means of automatic systems, and to claim indemnification of your damages and losses, if any, incurred due to processing of your personal data in non-compliance with the laws.

VII- If You Wish to Communicate and Contact us For Your Rights and Claims:

You may submit your claims or requests relating to your rights described hereinabove to us by sending a written notification to the address of “Mustafa Kemal Mah. Dumlupınar Blv. No:252 TOBB Kuleleri C Blok Kat: 19 Çankaya/ANKARA” or sending an e-mail message signed by secure electronic signature or mobile signature to “turkiyeurunborsasi@hs01.kep.tr” address.

Such applications are required to contain:

a) Name and surname of the applicant, and in case of written applications, signature of the applicant (In cases where the application is filed by a legal representative, name and surname of the legal representative should be given, and the application should be signed by the legal representative.); and

b) For citizens of the Republic of Turkey, T.R. identity number, and for foreigners, nationality, passport number or identity number (In cases where the application is filed by a legal representative, same information of the legal representative should be given therein.); and

c) Residential place or office address for notification purposes; and

ç) If any, electronic mail address, telephone and facsimile numbers for notification purposes; and

d) Subject of claim or request.

All information and documents relating to the subject should also be attached to the application. Applications relating to your personal data should either be filed directly and personally by you, or as for children and majors lacking mental competence, should be filed by their legal representative, together with documents of proof as to the legal representative’s power of representation.

Applications to be filed hereunder will be accepted by TMEX only after identity verification, and your claims or requests will be completed or responded as soon as possible and in any case, within 30 (Thirty) days at the latest, depending on the kind and nature thereof. If an application is answered in writing, no fee will be charged for written answers up to 10 (Ten) pages, and for each page in excess of 10 (Ten) pages, the transaction fee referred to in Article 7 of the Communiqué on Procedures and Principles of Application to Data Supervisor may be collected. If and when an application is answered via a recording medium such as CD or flash memory, a fee equal to the cost of said recording medium may be charged and collected.

Data Supervisor

TURKISH MERCANTILE EXCHANGE INC.