YUKİ SHIPPING INC.

POLICY ON THE PROTECTION AND PROCESSING OF PERSONAL DATA

DISCLOSURE STATEMENT

 

Law No. 6698 on the Protection of Personal Data (“KVKK“) entered into force on April 7, 2016, and contains regulations as to the processing of all kinds of personal information belonging to “an identified or identifiable natural person” (“Policy” and/or “Disclosure Statement“).

This Policy on the Protection and Processing of Personal Data aims to inform you as to how information relating to natural persons as categorized below – which was provided to our Company by YUKI SHIPPING INC. (hereby named “YUKİ” and/or our Company and/or “Data Controller”) via various ways and/or obtained to relevant people during this process – is and will be processed. The Policy includes our Company’s statements and explanations on the matter and the principles governing the use of the abovementioned information.

In that regard, the area of implementation for the Policy is the process of utilizing personal information relating to the following data subjects.

  • Customers of our Company
  • Potential Customers of our Company
  • Former Employees / Retirees
  • Business Partner Shareholders, Officials, Employees
  • Supplier Shareholders, Officials, Employees
  • Employee and Intern Candidates
  • Business Partner Candidates
  • Supplier Candidates
  • Guests
  • Media
  • Third Persons

This Policy shall be updated from time to time in order to ensure compliance with changing conditions and relevant regulations.

  1. a) Data Controller and Representative

Your personal information shall be eligible for processing by our Company pursuant to Law No. 6698 on the Protection of Personal Data (“Law”). As per KVKK, YUKİ is designated as the “Data Controller”.

  1. b) Purposes for Processing Your Personal Data

Your personal information is processed for the purpose of allowing YUKİ to provide more effective logistics services, and in keeping with the purposes and conditions relating to the processing of personal data listed in Articles 5-6 of KVKK.

Our goals for processing your personal information include planning and/or executive YUKİ’s commercial and/or business strategies, ensuring the legal, commercial and technical safety of YUKİ or its business partners, fulfilling our legal obligations, using our rights arising from current regulations, and managing the human resources and recruitment policies of YUKİ.

We take all technical and administrative measures in order to prevent unlawful access to – and processing of – your personal data, and to store your personal data in a safe manner.

  1. c) Persons with Which Your Personal Data Shall Be Shared and its Purposes

Your personal data shall be eligible for sharing with YUKİ shareholders, suppliers, domestic and foreign business partners and legally authorized public institutions provided that it be used in a relevant, limited, and sensible manner in line with Articles 8-9 of the Law governing transfer of personal data.

Necessary security measures are taken during the transfer of your personal data.

YUKİ shall be able to process personal data and share with third parties without seeking the explicit consent of data subjects upon the existence of one of the conditions provided for in Articles 5 and 8 in KVKK. Some of the conditions whereby personal data might be processed without seeking explicit consent are listed below:

  • It is clearly provided for by the laws.
  • It is mandatory for the protection of life or physical integrity of the person or of any other person who is bodily incapable of giving his consent or whose consent is not deemed legally valid.
  • Processing of personal data belonging to the parties of a contract is necessary provided that it is directly related to the conclusion or fulfillment of that contract.
  • It is mandatory for the controller to be able to perform his legal obligations.
  • The data concerned is made available to the public by the data subject himself.
  • Data processing is mandatory for the establishment, exercise or protection of any right.
  • It is mandatory for the legitimate interests of the controller, provided that this processing shall not violate the fundamental rights and freedoms of the data subject.
  1. d) The Manner in Which Personal Data is Collected and its Legal Rationale

In order to continue its operations, YUKİ collects your personal data through surveys, Internet websites, YUKİ representatives and similar channels, and processes this data in line with the provisions and conditions set forth in Article 5 and 6 of the Law and in accordance with the purposes outlined above.

Pursuant to KVKK and as data controller, YUKİ informs data subjects regarding for which purposes their personal data is processed, to whom this personal data can be shared and for which purposes, and what the rights of the data subject are regarding the manner in which data collection takes place and its legal rationale.

In the event that any process requires explicit consent as per KVKK, our Company seeks the explicit consent of potential data subjects after communicating the abovementioned information.

  1. e) Your Rights as to Your Personal Data as per Article 11 of the Law

As data subjects, provided that you file a request with our Company with regard to your rights in line with the style and means of communication stipulated in the Law, your request shall be processed immediately and executed free of charge within thirty (30) days, depending on the nature of the request. However, in the event that this effort leads to an expense, you shall be charged according to the fees determined by the Board on the Protection of Personal Data at our Company. In this context, data subjects have the following rights:

  1. Learn whether your personal data is processed or not,
  2. Request information if your personal data is processed,
  3. Learn the purpose of your data processing and whether this data is used for intended purposes,
  4. Know the third parties to whom your personal data is transferred at home or abroad,
  5. Request the rectification of the incomplete or inaccurate data, if any,
  6. Request the erasure or destruction of your personal data under the conditions laid down in KVKK,
  7. Request notification of the operations carried out in compliance with Articles 5-6 to third parties to whom your personal data has been transferred,
  8. Object to the processing, exclusively by automatic means, of your personal data, which leads to an unfavorable consequence for the data subject,
  9. Request compensation for the damage arising from the unlawful processing of your personal data.

In order to exercise your abovementioned rights, you must promptly notify our Company of your requests in writing, as per Article 13 of KVKK. As per Article 5 of the Communique on Procedures and Principles of the Application to Data Controllers, this notification shall be communicated to our Company via certified mail, or through electronic means such as registered email (KEP), secured electronic signature, mobile signature, or via an email address previously declared to YUKİ and registered on the Company’s system. As per Article 4 of the Communique, data subjects are required to file their applications in the Turkish language. In that regard, you can fill in the Data Subjects Application Form on the www.yuki-shipping.com and send a signed copy of the form to the address declared in the form.

Data subjects acknowledge and agree that the information they provide therein is complete, accurate and up-to-date, and that they shall update the information forthwith in the event of any change. The Company shall have no liability in case the data subject neglects to provide up-to-date information.

 

Our Company might request information from the data subject in order to verify whether the applicant is indeed the data subject in question, and might pose questions to the data subject so as to clarify any points mentioned in the application.

 

If the application is not accepted, our justified rejection shall be promptly delivered to the address you specified via mail or email within thirty days. However, in the event that this effort leads to an expense, you may be charged according to the fees determined by the Board on the Protection of Personal Data at our Company, as per Article 13 of the Law on the Protection of Personal Data.

YUKİ shall store the personal data it has collected for a length of time that allows the data subjects to benefit from the Company’s Services in the best possible manner within the context of this Statement and the Agreement made with the data subject, and that makes it possible for the Company to fulfill its obligations arising from the abovementioned Agreement.

 

In addition, YUKİ shall store the personal data in accordance with the existing regulation and statute of limitations, and with the sole purpose of conducting the administrative and legal processes in the event of a dispute.

 

In any event, our Company determines the storing periods in accordance with legal obligations and relevant statute of limitations, and preserves the data as long as services continue to be provided.

In the event that data subjects request the erasure of their personal data as per Article 13 of KVKK and/or that there remain no grounds for data processing, YUKİ shall fulfill its obligations arising from Article 12 of the Regulation on Deletion, Destruction, and Anonymization of Personal Data in an appropriate manner.

 

Provided that new methods of applications are determined by the Board on the Protection of Personal Data, YUKİ shall announce these methods.

  1. f) Our Measures and Commitments for Data Safety

YUKİ takes sensible technical and administrative measures to prevent unauthorized access risks, accidental data loss, purposeful erasure of data or any damage to data, with a view to ensuring the safety of the said personal data.

With regard to the applications delivered to it in accordance with the conditions set forth in relevant regulations and this disclosure statement, YUKİ pledges to take the necessary technical and administrative measures and conduct the necessary audits in order to ensure that personal data is not processed or accessed unlawfully and that relevant safety precautions are instituted to make sure it is duly protected.

YUKİ cannot disclose the personal data it has collected about data subjects to others or use it for any other purpose than processing, both of which would be in contravention to KVKK provisions and this disclosure statement.

  1. g) Changes

YUKİ may change the provisions of this Disclosure Statement at any time by republishing it on its website and mobile application. YUKİ shall preserve the ability to unilaterally amend the provisions of this Statement within the context of changing regulatory obligations. The provisions of the Statement changed by YUKİ shall enter into force on the date on which they are published.

 

For your kind information.