BRANDIDEA ANTI-BRIBERY AND ANTI-CORRUPTION POLICY
VERSION 2.0
17TH OF SEPTEMBER, 2021
1. Introduction
This Policy sets out the obligations of BRANDIDEA AJANS HIZMETLERI LIMITED SIRKETI, a company registered in Turkey under number 0187124539600001, whose registered office is at Tantavi Mah. Estergon Cad. Bina No:24 Daire No: F24 Ümraniye / İstanbul (“the Company”) regarding data protection and the rights of clients, business contacts, consultants, employees, job applicants, website users (“data subjects”) in respect of their personal data under Data Protection Law. “Data Protection Law” means all legislation and regulations in force from time to time regulating the use of personal data and the privacy of electronic communications including, but not limited to, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (the “UK GDPR”), European Union (Withdrawal) Act 2018, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 as amended, and any successor legislation.
This Policy sets the Company’s obligations regarding the collection, processing, transfer, storage, and disposal of personal data. The procedures and principles set out herein must be followed at all times by the Company, its employees, agents, contractors, or other parties working on behalf of the Company.
2. Definitions
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“consent” |
means the consent of the data subject which must be a freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify their agreement to the processing of personal data relating to them; |
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“data controller” |
means the natural or legal person or organisation which, alone or jointly with others, determines the purposes and means of the processing of personal data. For the purposes of this Policy, the Company is the data controller of all personal data relating to customers, business contacts, job applicant and website users used in our business for our commercial purposes; |
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“data processor” |
means a natural or legal person or organisation which processes personal data on behalf of a data controller; |
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“data subject” |
means a living, identified, or identifiable natural person about whom the Company holds personal data |
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“EEA” |
means the European Economic Area, consisting of all EU Member States, Iceland, Liechtenstein, and Norway; |
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“personal data” |
means any information relating to a data subject who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that data subject; |
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“personal data breach” |
means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored, or otherwise processed; |
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“processing” |
means any operation or set of operations performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; |
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“pseudonymisation” |
means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data is not attributed to an identified or identifiable natural person; and |
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“special category personal data” |
means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health, sexual life, sexual orientation, biometric, or genetic data. |
3. Scope
3.1 The Company is committed not only to the letter of the law, but also to the spirit of the law and places high importance on the correct, lawful, and fair handling of all personal data, respecting the legal rights, privacy, and trust of all individuals with whom it deals.
3.2 The Company’s Data Protection Officer is, Ebru Sayan (owner). The Data Protection Officer is responsible for administering this Policy and for developing and implementing any applicable related policies, procedures, and/or guidelines.
3.3 All managers are responsible for ensuring that all employees, agents, contractors, or other parties working on behalf of the Company comply with this Policy and, where applicable, must implement such practices, processes, controls, and training as are reasonably necessary to ensure such compliance.
3.4 Any questions relating to this Policy or to Data Protection Law should be referred to the Data Protection Officer. In particular, the Data Protection Officer should always be consulted in the following cases:
a) if there is any uncertainty relating to the lawful basis on which personal data is to be collected, held, and/or processed;
b) if consent is being relied upon in order to collect, hold, and/or process personal data;
c) if there is any uncertainty relating to the retention period for any particular type(s) of personal data;
d) if any new or amended privacy notices or similar privacy-related documentation are required;
e) if any assistance is required in dealing with the exercise of a data subject’s rights (including, but not limited to, the handling of subject access requests);
f) if a personal data breach (suspected or actual) has occurred;
g) if there is any uncertainty relating to security measures (whether technical or organisational) required to protect personal data;
h) if personal data is to be shared with third parties (whether such third parties are acting as data controllers or data processors);
i) if personal data is to be transferred outside of Turkey and there are questions relating to the legal basis on which to do so;
j) when any significant new processing activity is to be carried out, or significant changes are to be made to existing processing activities, which will require a Data Protection Impact Assessment;
k) when personal data is to be used for purposes different to those for which it was originally collected;
l) if any automated processing, including profiling or automated decision-making, is to be carried out; or
m) if any assistance is required in complying with the law applicable to direct marketing.
4. The Data Protection Principles
This Policy aims to ensure compliance with Data Protection Laws. Data controllers are responsible for, and must be able to demonstrate, such compliance. All personal data must be:
4.1 processed lawfully, fairly, and in a transparent manner in relation to the data subject;
4.2 collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;
4.3 adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed;
4.4 accurate and, where necessary, kept up to date. Every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased, or rectified without delay;
4.5 kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes, subject to implementation of the appropriate technical and organisational measures.
4.6 processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage, using appropriate technical or organisational measures.
5. The Rights of Data Subjects
1. The right to be informed;
2. the right of access;
3. the right to rectification;
4. the right to erasure (also known as the ‘right to be forgotten’);
5. the right to restrict processing;
6. the right to data portability;
7. the right to object; and
8. rights with respect to automated decision-making and profiling.
6. Lawful, Fair, and Transparent Data Processing
6.1 Data Protection Law seeks to ensure that personal data is processed lawfully, fairly, and transparently, without adversely affecting the rights of the data subject. Specifically, the processing of personal data shall be lawful if at least one of the following applies:
a) the data subject has given consent to the processing of their personal data for one or more specific purposes;
b) the processing is necessary for the performance of a contract to which the data subject is a party, or in order to take steps at the request of the data subject prior to entering into a contract;
c) the processing is necessary for compliance with a legal obligation to which the data controller is subject;
d) the processing is necessary to protect the vital interests of the data subject or of another natural person;
e) the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller; or
f) the processing is necessary for the purposes of the legitimate interests pursued by the data controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
7. Consent
If consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, the following shall apply:
7.1 Consent is a clear indication by the data subject that they agree to the processing of their personal data. Such a clear indication may take the form of a statement or a positive action. Silence, pre-ticked boxes, or inactivity are unlikely to amount to consent.
7.2 Where consent is given in a document which includes other matters, the section dealing with consent must be kept clearly separate from such other matters.
7.3 Data subjects are free to withdraw consent at any time and it must be made easy for them to do so. If a data subject withdraws consent, their request must be honoured promptly.
7.4 If personal data is to be processed for a different purpose that is incompatible with the purpose or purposes for which that personal data was originally collected that was not disclosed to the data subject when they first provided their consent, consent to the new purpose or purposes may need to be obtained from the data subject.
7.5 If special category personal data is processed, the Company shall normally rely on a lawful basis other than explicit consent. If explicit consent is relied upon, the data subject in question must be issued with a suitable privacy notice in order to capture their consent.
7.6 In all cases where consent is relied upon as the lawful basis for collecting, holding, and/or processing personal data, records must be kept of all consents obtained in order to ensure that the Company can demonstrate its compliance with consent requirements.
8. Adequate, Relevant, and Limited Data Processing
8.1 The Company will only collect and process personal data for and to the extent necessary for the specific purpose or purposes of which data subjects have been informed (or will be informed).
8.2 Employees, agents, contractors, or other parties working on behalf of the Company may collect personal data only to the extent required for the performance of their job duties and only in accordance with this Policy. Excessive personal data must not be collected.
8.3 Employees, agents, contractors, or other parties working on behalf of the Company may process personal data only when the performance of their job duties requires it. Personal
9. Accuracy of Data and Keeping Data Up-to-Date
9.1 The Company shall ensure that all personal data collected, processed, and held by it is kept accurate and up-to-date. This includes, but is not limited to, the rectification of personal data at the request of a data subject.
9.2 The accuracy of personal data shall be checked when it is collected and at regular intervals thereafter. If any personal data is found to be inaccurate or out-of-date, all reasonable steps will be taken without delay to amend or erase that data, as appropriate.
10. Data Retention
10.1 The Company shall not keep personal data for any longer than is necessary in light of the purpose or purposes for which that personal data was originally collected, held, and processed.
10.2 When personal data is no longer required, all reasonable steps will be taken to erase or otherwise dispose of it without delay.
10.3 For full details of the Company’s approach to data retention, including retention periods for specific personal data types held by the Company, please refer to our Data Retention Policy.
11. Secure Processing
11.1 The Company shall ensure that all personal data collected, held, and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of the technical and organisational measures which shall be taken are provided in Parts 25 to 30 of this Policy.
11.2 All technical and organisational measures taken to protect personal data shall be regularly reviewed and evaluated to ensure their ongoing effectiveness and the continued security of personal data.
11.3 Data security must be maintained at all times by protecting the confidentiality, integrity, and availability of all personal data as follows: a) only those with a genuine need to access and use personal data and who are authorised to do so may access and use it;
b) personal data must be accurate and suitable for the purpose or purposes for which it is collected, held, and processed; and
c) authorised users must always be able to access the personal data as required for the authorised purpose or purposes.
12. Keeping Data Subjects Informed
12.1 The Company shall provide the information to every data subject: a) where personal data is collected directly from data subjects, those data subjects will be informed of its purpose at the time of collection; and
b) where personal data is obtained from a third party, the relevant data subjects will be informed of its purpose: i) if the personal data is used to communicate with the data subject, when the first communication is made; or
ii) if the personal data is to be transferred to another party, before that transfer is made; or
iii) as soon as reasonably possible and in any event not more than one month after the personal data is obtained.
12.2 The following information shall be provided in the form of a privacy notice: a) details of the Company including, but not limited to, contact details, and the names and contact details of any applicable representatives and its Data Protection Officer;
b) the purpose(s) for which the personal data is being collected and will be processed and the lawful basis justifying that collection and processing;
c) where applicable, the legitimate interests upon which the Company is justifying its collection and processing of the personal data;
d) where the personal data is not obtained directly from the data subject, the categories of personal data collected and processed;
e) where the personal data is to be transferred to one or more third parties, details of those parties;
f) where the personal data is to be transferred to a third party that is located outside of the Turkey, details of that transfer, including but not limited to the safeguards in place;
g) details of applicable data retention periods;
i) details of the data subject’s right to withdraw their consent to the Company’s processing of their personal data at any time;
j) details of the data subject’s right to complain to the Information Commissioner’s Office;
k) where the personal data is not obtained directly from the data subject, details about the source of that personal data;
l) where applicable, details of any legal or contractual requirement or obligation necessitating the collection and processing of the personal data and details of any consequences of failing to provide it; and
m) details of any automated decision-making or profiling that will take place using the personal data, including information on how decisions will be made, the
of those decisions, and any consequences.
13. Erasure of Personal Data
13.1 Data subjects have the right to request that the Company erases the personal data it holds about them in the following circumstances: a) it is no longer necessary for the Company to hold that personal data with respect to the purpose(s) for which it was originally collected or processed;
b) the data subject wishes to withdraw their consent to the Company holding and processing their personal data;
c) the data subject objects to the Company holding and processing their personal data (and there is no overriding legitimate interest to allow the Company to continue doing so)
d) the personal data has been processed unlawfully;
e) the personal data needs to be erased in order for the Company to comply with a particular legal obligation;
13.2 Unless the Company has reasonable grounds to refuse to erase personal data, all requests for erasure shall be complied with, and the data subject informed of the erasure, within one month of receipt of the data subject’s request. The period can be extended by up to two months in the case of complex requests. If such additional time is required, the data subject shall be informed.
13.3 In the event that any personal data that is to be erased in response to a data subject’s request has been disclosed to third parties, those parties shall be informed of the erasure (unless it is impossible or would require disproportionate effort to do so).
14. Data Security - Transferring Personal Data and Communications
The Company shall ensure that the following measures are taken with respect to all communications and other transfers involving personal data:
14.1 All emails containing personal data must be marked “confidential”;
14.2 Personal data may be transmitted over secure networks only; transmission over unsecured networks is not permitted in any circumstances;
14.3 Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
14.4 Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email if needed and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
14.5 Where personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
14.6 Where personal data is to be transferred in hardcopy form it should be passed directly to the recipient or sent using “sign for” delivery services;
14.7 All personal data to be transferred physically, whether in hardcopy form or on removable electronic media shall be transferred in a suitable container marked “confidential”;
15. Data Security - Storage
The Company shall ensure that the following measures are taken with respect to the storage of personal data:
15.1 All electronic copies of personal data should be stored securely using passwords;
15.2 All hardcopies of personal data, along with any electronic copies stored on physical, removable media should be stored securely in a locked box, drawer, cabinet, or similar;
15.3 All personal data stored electronically should be backed up every 3 months with backups stored onsite.
15.4 No personal data should be stored on any mobile device (including, but not limited to, laptops, tablets, and smartphones), whether such device belongs to the Company or otherwise without the formal written approval of the Manager or Data Protection Officer.
22.5 No personal data should be transferred to any device personally belonging to an employee, agent, contractor, or other party working on behalf of the Company and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the letter and spirit of this Policy and of the applicable Data Protection Law (which may include demonstrating to the Company that all suitable technical and organisational measures have been taken);
16. Organisational Measures
The Company shall ensure that the following measures are taken with respect to the collection, holding, and processing of personal data:
16.1 All employees, agents, contractors, or other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under Data Protection Law and under this Policy, and shall be provided with a copy of this Policy;
16.2 Only employees, agents, contractors, or other parties working on behalf of the Company that need access to, and use of, personal data in order to carry out their assigned duties correctly shall have access to personal data held by the Company;
16.3 All sharing of personal data shall comply with the information provided to the relevant data subjects and, if required, the consent of such data subjects shall be obtained prior to the sharing of their personal data;
16.4 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
16.5 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be appropriately supervised;
16.6 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be required and encouraged to exercise care, caution, and discretion when discussing work-related matters that relate to personal data, whether in the workplace or otherwise;
16.7 Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
16.8 All personal data held by the Company shall be reviewed periodically, as set out in the Company’s Data Retention Policy;
16.9 The performance of those employees, agents, contractors, or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
16.10 All employees, agents, contractors, or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of Data Protection Law and this Policy by contract;
16.11 All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and Data Protection Law;
16.12 Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.