KVKK Clarification Text
This Clarification Text regarding the processing of your
personal data (“Clarification Text”) by Deniz Faktoring A.Ş. (“Deniz Factoring”) was drafted in
accordance with Turkish Law No. 6698 on the Protection of Personal Data (the “Kişisel Verilerin
Korunması Kanunu” or “KVKK”). The purpose of this document is to inform you about the personal
data processed by Deniz Factoring in relation to its activities, products, and services. It
outlines the methods used for obtaining your personal data, the legal grounds and objectives for
processing this data, and the entities to whom your data may be disclosed, including the reasons
for such disclosure. Additionally, this text aims to inform any natural persons whose personal
data is processed about their rights under the KVKK.
Deniz Factoring acts in the capacity of Data Controller pursuant to the KVKK and
takes the necessary measures when processing and storing your personal data.
You can find out more about our company in the table below.
Title
Deniz Faktoring A.Ş.
Address
Esentepe Mahallesi Büyükdere Cad. No:141 Şişli/İSTANBUL
Mersis No / Ticaret Sicil No
0291 0141 6680 0019 / 398 630-346 212
1. Personal data that is processed
The types of personal data* processed by Deniz Factoring are listed by
category in the table below.
Data Category
Personal Data
Identity Information
Name, surname, mother and father’s name, date of birth,
place of birth, marital status, identity card serial number, Turkish ID number, etc.
Contact Information
Address, email address, contact address, registered
electronic mail address (KEP), telephone number, etc.
Location
Information about your current location, etc.
Legal History
Information in correspondence files with judicial
authorities, information in case files, etc.
Customer Transactions
Call center records, promissory notes, check and invoice
information, valuations, collateral, credit information and other related transaction
information, compliance and relevance test results, orders, transaction request information,
etc.
Risk Management
Information processed for the management of commercial,
technical, and administrative risks, etc. (e.g. asset/income information, demographic
information, data obtained from the Turkish Risk Center, TCMB—the Central Bank of the
Republic of Turkey, GIB—the Turkish Revenue Administration, KKB—the Turkish Credit Bureau,
KPS—Turkish Identity Sharing System, APS—Address Registration System, information on debt
owed to the Turkish Credit Bureau, score information, information on fraud and money
laundering controls)
Professional Experience
Occupation, title, employment history, educational status,
etc.
Transaction Security
IP addresses, login and logout information, device types,
passwords, etc.
Financial Information
Balance sheets, financial performance information, credit
and risk information, asset information, etc.
Visual and Audio Recordings
Call center recordings, audio-visual recordings, etc.
Physical Space Security Information
Physical space (workplace, building) entry and exit records,
camera recordings, etc.
*If you intend to submit any signature circulars or other documents
related to representation and authorization during the contract processes that contain sensitive
personal data, such as information related to religion and blood group, we kindly request that you
remove or redact such sensitive data from the documents before submitting them to us.
2. Methods of obtaining your personal data
Deniz Factoring collects and processes your personal data across
several categories. These include identity information, contact information, legal history,
customer transactions, risk management, financial information, professional experience, and visual
and audio recordings. This data collection is part of the process when you send a request, fill out
a form, or submit information or images of documents. It enables you to benefit from our products or
services, become a customer, or contact us in any way, often through automated means. You may be
involved in a collateral transaction with our clients and/or Deniz Factoring, either as a guarantor,
pledge debtor, or in other roles such as spouse, where consent is required by law. If you are an
authorized representative acting on behalf of our client, such as a company official, proxy,
guardian, or trustee, we may also collect your data. Data is collected through various channels.
These can be physical (e.g. our head office, branches, mail, cargo, fax, or printed forms) or
digital (including mobile apps, websites, customer contact centers, electronic mail, and telephone).
We gather this information directly from you or from our legal entity or real person merchant
customers.
You may also have provided us with your personal data through various methods, including messages,
requests, interviews, and channels such as social media, email, mail, fax, and text
messages.
If you download the “Deniz'e Çek Gönder” mobile app or use any of Deniz Factoring’s digital
service channels, we will take steps to
service channels, we will take steps to ensure the
security of your transactions. As part of this process, we may collect certain information.
This includes the IP address of your device, your website login and logout details (traffic), and
the type of device you use. We gather this data where necessary based on your requests and the
nature of the products and services we offer you. Additionally, we may collect information about
your operating system, password details, and information on how you access and use these services.
We may, with your consent, process your location information in order to personalize branch
information according to your current location.
We may collect your personal data through various methods across the following categories:
identity information, contact information, legal history, customer transaction history, risk
management, financial information, visual and audio recordings, and physical space security
information:
We collect your personal data in ways that are permitted by relevant legislation and agreements.
This includes obtaining information from systems shared by various institutions and organizations.
Data may also come from our controlling shareholder, Denizbank A.Ş., and from companies within the
DenizBank Financial Services Group that provide support or services under service agreements.
Additionally, we gather information through system integrations with public institutions for
intelligence activities, such as the KPS (Turkish Identity Sharing System), APS (Address
Registration System), Risk Center of the TBB (Banks Association of Turkey), and the Association of
Financial Institutions, and from parties from whom our company receives services that complement or
extend our company’s activities, which mediate the establishment of a contractual relationship with
our company. Our data sources also include service providers and business partners, such as
correspondent factoring companies, dealers, and sales offices. Publicly available sources such as
news in the media, online records, or directories are also used. Furthermore, we collect data
through messages, requests, visits, and interviews, either entirely or partially through automated
means;
We may also collect such data through non-automated means, including data recording systems, from
individuals authorized to represent you, businesses under your ownership or affiliation (such as
investment companies, partnerships, or joint ventures), as well as directors, partners, agents,
representatives, trustees, officers, or attorneys of such businesses. We may also obtain it from
judicial authorities or public authorities as part of legal and enforcement proceedings.
(*For information regarding the group of companies with which Deniz Factoring is associated,
including our main shareholder, subsidiaries, and affiliates, please visit
https://www.denizbank.com/hakkimizda/denizbankin-iliskili-kuruluslari.
)
3. Legal grounds behind and purposes for the processing of your personal data
We engage in various activities for different legal purposes. The table
below outlines these legal reasons and the purposes of processing your data. We process your
personal data in a controlled, restricted, and carefully measured manner for the following purposes.
PERSONAL DATA CATEGORIES
WHY WE PROCESS YOUR PERSONAL DATA
LEGAL GROUNDS
Identity information, contact information, customer
transaction history, legal history, risk management, financial information, professional
experience, visual and audio recordings, and transaction security information
To maintain thorough records of factoring
transactions and the full range of products and services we offer, which may also encompass
services provided as agents; to fulfill, execute, and revoke risk management transactions
related to the customer/loan/service; to manage invoice transactions efficiently and
accurately; to offer a comprehensive spectrum of products and services, including those that
may be performed in accordance with the relevant legislation as stipulated in the factoring
agreement; to fulfill our obligations and responsibilities in relation to these, establish
contracts, execute our contractual and operational processes, and ensure compliance with
internal systems, risk monitoring, and information obligations; to provide other services
determined by the BDDK (Turkish Banking Regulation and Supervision Agency), receive requests
for these services, conduct and execute the contracts and transactions concluded, and
improve processes in compliance with Turkish Law No. 6361 on Financial Leasing, Factoring,
Financing, and Savings Financing Companies (Law No. 6361), as well as other applicable
regulations;
To establish our debt collection structuring policy, to conduct risk monitoring and analysis
processes, create and implement surety or guarantee agreements when needed to secure legal
relationships between our company and merchant customers (whether legal entities or
individuals), and to determine the values of movable or immovable properties used as
collateral for asset valuation;
In accordance with the provisions outlined in subparagraph
(a) of paragraph 5/2 of the KVKK, where processing of personal data is expressly mandated by
the law; in accordance with subparagraph (c), when it is essential to process personal data
of contractual parties directly associated with the initiation or execution of a contract;
and in accordance with subparagraph (ç), when the data controller is obliged by the law to
fulfill its legal obligations;
Identity information, contact information, customer
transaction history, financial information, visual and audio recordings
To get in touch with you regarding our products or
services, or for matters related to regulatory compliance and service provision
purposes;
In accordance with the provisions outlined in subparagraph
(a) of paragraph 5/2 of the KVKK, where processing of personal data is expressly mandated by
the law; in accordance with subparagraph (c), when it is essential to process personal data
of contractual parties directly associated with the initiation or execution of a contract;
and in accordance with subparagraph (ç), when the data controller is obliged by the law to
fulfill its legal obligations;
Identity information, contact information, customer
transaction history, legal history, risk management, financial information, professional
experience, transaction and physical space security information
To examine the credit history of various parties
involved, including natural person customers, owners, managers, shareholders, partners,
representatives, or real beneficiaries of legal entity customers, as well as guarantors,
assignment debtors, or those related to the factoring transaction, such as the drawer or
endorser of a submitted check, as well as determining creditworthiness and collateral
viability; to conduct intelligence and information research, manage risks, prevent
fraudulent activities, and execute credit sales, allocation, disbursement, monitoring, and
follow-up processes within the context of evaluating requests for factoring transactions;
To monitor and record all visits in order to maintain the physical security of Deniz
Factoring’s facilities, including head office, branches, and other premises, to share them
with relevant authorities when required, and manage emergency situations effectively;
In accordance with the legal requirements stipulated under
Article 5/2 subparagraph (ç) of the KVKK which mandates that “it is necessary for the data
controller to fulfill its legal obligations,” and subparagraph (f) which asserts that “data
processing is obligatory for the legitimate interests of the data controller, as long as it
does not infringe upon the fundamental rights and freedoms of the data subject”;
Identity information, contact information, customer
transaction history, legal history, risk management, financial information, professional
experience, and transaction security information
In compliance with the relevant legislation,
particularly Turkish Law No. 6361 and Turkish Banking Law No. 5411, to fulfill our legal
obligations and cooperate with regulatory bodies and law enforcement agencies; to verify and
update customer identity and contact information, keep data up-to-date, conduct risk
analysis and management, and maintain information security processes; to conduct internal
auditing, investigations, intelligence, and ethics audits; to conduct finance and accounting
processes;
To adhere to the information storage, archiving, reporting, and disclosure obligations
mandated by various authoritative bodies including the BDDK (Turkish Banking Regulation and
Supervision Agency), SPK (Turkish Capital Markets Board), TCMB (Central Bank of the Republic
of Turkey), the Turkish Ministry of Treasury and Finance, MASAK (Turkish Financial Crimes
Investigation Board), TBB (Banks Association of Turkey), GIB (Turkish Revenue
Administration), SGK (the Turkish Social Security Institution), KKB (Turkish Credit Bureau),
KVK Kurumu (Turkish Personal Data Protection Authority), BTK (Turkish Information and
Communication Technologies Authority), MMK (Turkish Central Registry Agency), KGF (Turkish
Credit Guarantee Fund), and FKB (Turkish Association of Financial Institutions); to fulfill
the information retention, archiving, reporting, and disclosure obligations specified by
these entities and respond to information and document requests from these authorities in
compliance with legislation aimed at preventing the laundering of the proceeds of crime and
terrorism financing;
To obtain approval for commercial electronic messages pursuant to Turkish Law No. 6563 on
the Regulation of Electronic Commerce and its subsequent regulations and utilize the system
instrumental in enabling the management of the right of refusal and complaint processes
(“İYS System”); to fulfill our obligations related to identity verification and access
management in line with the Communiqué on the Management and Audit of Information Systems of
Financial Leasing, Factoring, and Financing Companies;
Data processing activities are carried out on firm legal
grounds, as expressly stipulated in Article 5/2, subparagraph (a) of the KVKK which mandates
that “these actions are justified as they are explicitly mandated by law” and pursuant to
subparagraph (ç) of the same article which adds “if it is compulsory for the data controller
to fulfill its legal obligations”;
Identity information, contact information, customer
transaction history, transaction security information, financial information, and risk
management
To ensure the effective implementation of DenizBank
Financial Services Group’s compliance program across the financial group in strict
accordance with Article 5 of the Turkish Regulation on the Compliance Program for
Obligations Regarding the Prevention of the Laundering of the Proceeds of Crime and the
Financing of Terrorism; to ensure customers can be recognized, enable the intra-group
sharing of account and transaction information, and ensure that information on customers is
accurate and up to date;
Data processing activities are carried out on firm legal
grounds, as expressly stipulated in Article 5/2, subparagraph (a) of the KVKK which mandates
that “these actions are justified as they are explicitly mandated by law” and pursuant to
subparagraph (ç) of the same article which adds “if it is compulsory for the data controller
to fulfill its legal obligations”;
Identity information, contact information, customer
transaction history, legal history, financial information, visual and audio recordings
To manage all requests and complaints, including
those relating to customer relations, experience, satisfaction, complaints, objections,
requests, and suggestions; to follow up on and implement all legal, enforcement, and legal
follow-up and litigation processes before judicial and/or administrative
authorities;
To prepare the consolidated financial statements of the parent companies within the
framework of the Turkish Banking Law, to plan or execute relationships with parent
companies, and to manage and assess risks; to provide risk, audit, and operational services
together with subsidiaries within the framework of the Turkish Banking Law and relevant
legislation; to provide risk, audit, and operational services in order to comply with the
Capital Markets Board legislation;
Based on the legal grounds of “being necessary for the data
controller to fulfill its legal obligations” under Article 5/2(ç) of the KVKK and “being
necessary for the establishment, exercise, or protection of a right” under Article
5/2(e);
Identity information, financial information, contact
information, customer transaction history, and transaction security information
To manage, plan, and execute relationships and
processes with our service providers, partners, or suppliers, and to fulfill our legal and
commercial obligations under contracts with third parties with whom we have business
relationships;
Pursuant to subparagraphs (c) and (ç) of Article 5/2 of the
KVKK;
Identity information, contact information, customer
transaction history, and financial information
To carry out advertising, marketing, and promotional
activities for our products and services, including surveys and statistical studies; to
execute campaign processes and to communicate with you for these purposes, to offer you
proposals, and to provide marketing-related commercial electronic message sending
services
with your explicit consent under Article 5/1 of the KVKK.
4. To whom and for what purpose your personal data may be transferred
Your personal data may be shared with the following parties on a
limited and proportionate basis, in order to fulfill our obligations under Turkish Law No. 6361, the
Banking Law, and other relevant legislation to which we are subject, and to achieve the purposes
listed below:
• Institutions such as BDDK (Turkish Banking Regulation and Supervision Agency), SPK (Turkish
Capital Markets Board), TCMB (Central Bank of the Republic of Turkey), the Turkish Ministry of
Treasury and Finance, MASAK (Turkish Financial Crimes Investigation Board), SGK (Turkish Social
Security Institution), KKB (Turkish Credit Bureau) (and/or the TBB’s Risk Center for the purposes of
risk management or risk monitoring activities, or at least five banks or organizations established
by financial institutions), KVK Kurumu (Turkish Personal Data Protection Authority), BTK (Turkish
Information and Communication Technologies Authority), MMK (Turkish Central Registry Agency), KGF
(Turkish Credit Guarantee Fund), and FKB (Turkish Association of Financial Institutions), as well as
public institutions/organizations, ministries, and judicial authorities who are legally authorized
to receive information under the provisions of the legislation, in order to make legal notifications
and reports related to the provisions of Turkish Law No. 6361, the Banking Law, Turkish Law No. 5549
on the Prevention of Money Laundering, and Turkish Law No. 6362 on the Capital Markets, and to
fulfill all our legal obligations, including the implementation of regulatory and supervisory
activities,
• Third parties that we use to provide our services, such as service providers, individuals,
institutions, and organizations with whom we collaborate; service providers such as dealers, sales
offices, etc. offering services in matters such as consultancy, valuation, infrastructure or acting
as intermediaries in establishing a contractual relationship with Deniz Factoring; partner
organizations with whom we collaborate, subcontractors, and companies/organizations operating as
brokers/agencies, mobile service providers authorized by the Information and Communication
Technologies Authority (BTK); financial institutions, including banks, factoring companies, and
insurance companies, located in Turkey and/or abroad to carry out factoring activities, provide
products and services related to your request, fulfill our legal obligations such as providing,
storing, and reporting information, and execute payment/collection and insurance processes,
• Authorities operating system integrations (KPS—Turkish Identity Sharing System, APS—Address
Registration System, etc.) shared through public institutions and organizations, to enable us to
process your requests correctly and make inquiries within systems for your security within the
framework of customer identification obligations,
• Affiliated companies and subsidiaries within the Denizbank Financial Services Group, our
shareholders, our direct/indirect domestic/foreign subsidiaries, companies for whom we act as
agents, and persons, institutions, and/or organizations that are authorized to receive information
under the provisions of the relevant law and other legislation in accordance with the provisions of
Arti·cle 73 of the Turkish Banking Law, the activity expansion permits of the BDDK (Turkish Banking
Regulation and Supervision Agency), and Turkish legislation on the Prevention of Money Laundering
and the Financing of Terrorism,
• Courts, law firms, asset management companies, and independent audit companies for the purpose of
auditing the compliance of activities with legislation for the purposes of following up and carrying
out legal follow-up and litigation processes before all judicial and/or administrative
authorities,
• Your personal data may be shared with other third parties, with your explicit consent, for the
purposes specified in Articles 8 and 9 of the KVKK.
5. Your rights
According to Article 11 of the KVKK, you have the following rights
regarding your personal data:
a) To find out whether your personal data has been processed,
b) To request information if your personal data has been processed,
c) To find out why your personal data has been processed and whether it has been
used for the intended purpose,
d) To know the names of the third parties to whom your personal data has been
transferred domestically or abroad,
e) To request correction of personal data if it is incomplete or improperly
processed and to request that third parties be informed of the actions taken,
f) To request the deletion or destruction of personal data in the event that the
reasons for the processing of such data no longer exist, despite the fact that it has been processed
in accordance with the provisions of Turkish Law No. 6698 and other relevant laws, and to request
that third parties be informed of the actions taken,
g) To object to a decision made against you as the result of your data being
analyzed exclusively through automated means,
h) To request compensation in the event you face damages due to the illegal
processing of your personal data.
Under the scope of the rights provided in Article 11 of Turkish Personal Data Protection Law No.
6698, you may submit any requests for information in compliance with the “Turkish Communiqué on
Procedures and Principles for Requesting Information from the Data Controller.” These requests
should be made in writing, with an original signature, accompanied by documents verifying your
identity, and can be sent to the following address: Büyükdere Cad. No: 141, 34394 Esentepe,
Istanbul, Turkey. Alternatively, you have the option to send your requests via a notary or using a
registered electronic mail (KEP) address by emailing
denizfaktoring@hs09.kep.tr.
Deniz Factoring Co. Inc.
Information Notice Regarding the Processing of Personal Data Within the Scope of Thank You, Request, Suggestion, and Complaint Processes
1. Purpose and Scope
This disclosure statement has been prepared by Deniz Faktoring Co. Inc. in its capacity as data controller, in accordance with Article 10 of the Personal Data Protection Law No. 6698 (“personal data protection law”) and the Communiqué on the Procedures and Principles to be Followed in Fulfilling the Disclosure Obligation.
Requests, complaints, thanks, and/or suggestions.
2. Your Processed Personal Data and Collection Methods
Identity (name, surname, ID number), Contact (phone number, email address) and Customer Transactions (messages sent via the communication channel), Visual and Audio (only if you contact us via the call center or send visual content as part of your request/complaint/suggestion), Your personal data in the financial data categories is collected from physical and/or electronic environments, partially automatically or non-automatically as part of any data recording system, through our head office, branches, online forms on our website, by mail, email, telephone, fax, or telephone banking, or by any other methods that may be added in the future, or by submitting them through complaint platforms or social media platforms. Your Legal Proceedings data (processed only in the event of a legal dispute) is collected from authorized public institutions and organizations by automated or non-automated means. If you contact us through our digital channels, such as our website, your personal data falling under the Transaction Security (IP address, etc.) data category is obtained.
3. Legal Grounds and Purposes for Processing Your Personal Data
We process your personal data in the categories of Identity, Contact, Customer Transactions, Finance, Transaction Security, Visual and Audio, and Legal Transactions for the purposes of managing customer relations, customer satisfaction, and communication activities; managing requests/complaints/suggestions; managing audit activities; following up on legal matters; ensuring business continuity; managing storage and archiving activities; execution of information security processes, fulfillment of our legal storage, reporting, and information disclosure obligations, in accordance with Article 5, Paragraph 2, Item (c) of the personal data protection la), “the necessity of processing personal data belonging to the parties to a contract, provided that it is directly related to the establishment or performance of a contract,” pursuant to subparagraph (ç) “it is necessary for the data controller to fulfill its legal obligation,” and pursuant to subparagraph (e) “it is necessary for the establishment, exercise, or protection of a right,” are processed based on legal grounds.
4. To Whom and for What Purpose Processed Personal Data May Be Transferred
Your personal data may be transferred to persons from whom we receive services (e.g., legal advisors, companies providing call center services) within the scope of conducting customer satisfaction processes and following up on legal matters, and to legally authorized institutions and organizations within the scope of our information provision and reporting obligations for the fulfillment of legal obligations and the follow-up of legal/compliance matters. and to fulfill our information and reporting obligations to institutions and organizations authorized by law to receive information, in accordance with Article 5, Paragraph 2, Item (ç) of the personal data protection law, “if it is necessary for the data controller to fulfill its legal obligations,” and (e) “processing is necessary for the establishment, exercise, or defense of a legal claim,” and (f) “processing is necessary for the legitimate interests pursued by the data controller, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject,”
5. Your Rights Regarding Your Personal Data
You may submit your requests under Article 11 of the personal data protection law, which regulates the rights of the data subject, in accordance with the “Communication on the Procedures and Principles for Applying to the Data Controller,”
• By filling out the form that appears when you select the “Notification type: personal data protection law Complaint” subheading on the contact form at the link
https://www.denizfactoring.com.tr/iletisim-bilgileri#2
• By submitting a written petition to our General Directorate located at Büyükdere Cad. No: 141 34394 Esentepe-ISTANBUL or any of our branches, provided that your identity is verified, or through a notary public;
• Using your registered email address, by sending an email to
denizfaktoring@hs09.kep.tr
• By sending an email to
DenizFaktoringSatisVePerformansYonetimi@denizbank.com that includes a secure electronic signature or mobile signature;
• By sending an email to
DenizFaktoringSatisVePerformansYonetimi@denizbank.com using the email address you previously provided to our bank and that is registered in our system;
You may submit your request.