PATIENT CLARIFICATION TEXT WITHIN THE LAW ON THE PROTECTION OF PERSONAL DATA (KVKK)
Data Controller: Op Dr Mehmet Ersin Gönüllü
Adress: Meşrutiyet mah. Hacı Mansur sok. No 2/2 Şişli/İstanbul
Dear Patient, with the title of “Data Controller”, within the scope of the Law on Protection of Personal Data Protection No. 6698, which entered into force on 7 April 2016; your (sensitive) personal data that you shared, will be processed in relation with the purpose, in the frame of restrictions and in the relevant regulations.
LEGAL REASONS ON PROCESSING YOUR PERSONAL DATA
Accordingly to Medicine Law No. 1219, Regulation on Patient Rights, Biomedicine Contract, Health Services Fundamental Law No. 3359, Decree Law No. 663 on the Organization and Duties of the Ministry of Health and Affiliates, Law No. 6698 on the Protection of Personal Data, Regulation on Personal Health Data, we are able to collect and process the information given below during the examination-treatment-control process in accordance with the Regulation on Private Health Institutions with Outpatient Diagnosis and Treatment Services and other relevant legislation.
As stated in paragraph 3 of Article 6 of the KVKK, personal data regarding the health and sexual life, can be processed only in alliance with the aim of protection of public health, preventive medicine, medical diagnosis, management and planning of the treatment and health care services, planning of the health care services’ financing, under the obligation (of the concerned people or institutions and organizations) to maintain the information as a top secret without the need of the explicit consent of the data subject. We are as well, health care providers within the scope of treatment services.
Within the scope of Tax Procedure Law, in taxing processes, your information with respect to your ID, address, date, the services purchased are processed. The pricing that is given to you is also recorded within the scope of legitimate interest.
Your financial information and the details of the services given, are kept for the fulfilment of the contract.
In the case of a legal dispute, we have a right to keep your personal/sensitive/ visual data till its legal due time, based on the legal reason of us protecting ourselves and the realization or protection of a right.
Within the legitimate interest and the fulfilment of the contract, your data is processed during the following actions; satisfaction survey, storage of the patients records in the functional data base, the usage of the appointment applications, celebrations on the special events and important dates, following up the treatment period/ actions, before- after photos, planning and the arrangements with the hospital on/before the day of the surgery.
Your data is processed, based on the explicit consent (legal reason) because of the following actions: informing the patients about the new health services, obligation to retrieve the data from the abroad via the usage of WhatsApp, Instagram, Facebook, Telegram, web forms, mail providers and Google forms. Besides, since the patient registration system and the appointments program are serviced from abroad, your data is processed, based on the explicit consent (legal reason).
WHAT IS THE PERSONAL DATA ACQUIRED?
Including all the data that is necessary for a medical diagnosis, consultation, treatment, health care services, starting with personal data such as the medical background, others are listed above:
- Your ID information such as; name, surname, your ID number, passport if you are not a citizen of Turkey, date and place of birth, marital status, sex etc.,
- Your contact data such as; address, telephone number, e-mail address etc.,
- Your medical data acquired during the carrying out of medical diagnosis, treatment and health care services, such as; lab and medical images with the aim of following up, your consultation data and prescriptions, surgery type, date, consultation date, the hospital in which the surgery is performed, allergies, alcohol and smoking habit, previous illnesses or diseases, blood type, contagious illnesses, medications being used etc.,
- The comments and the responses that you share during the satisfaction survey which aims to evaluate our services,
- Your data acquired while you are surfing through our website, IP address, time stamp (which are already processed obligatorily by the web service provider within the law numbered 5651.)
- To check up the effectiveness of the treatment, before after photos, videos, WhatsApp, Telegram, Instagram and Facebook texts, mails, texting through web site.
HOW WE COLLECT YOUR PERSONAL DATA?
With the aim of providing you with the services on higher standards, your personal data is collected via channels such as physically constructed, WhatsApp, E-mail, camera, the ‘contact’ part in our web site. We collect the data verbally, in the form of text, visual or electronical, depending on the quality of the service given.
PURPOSE OF THE PROCESSING OF THE DATA ACQUIRED?
Your personal / sensitive data (listed above) will be processed in alliance with the purposes below:
- Conducting of the treatment and health care services, medical diagnosis,
- Sharing the wanted information by the Ministry of Health and other institutions or organizations in accordance with the relevant legislation,
- Fulfilment of the legal and regulatory obligations,
- Financing the health care services,
- Notifying you about your appointment via our Secretariat and Digital Channels,
- Acquirement of your ID to satisfy our obligation to do your registration,
- Organization of our health care services and process management,
- Getting your surgery appointment from the hospital,
- Arrangements of your check-up examination appointments,
- For the satisfaction survey, within the legitimate interest,
- In the invoicing process and within the legal obligation,
- And data security, taking all the precautions whether they are technical or executive,
- Within the legitimate interest, celebrations of the significant dates,
- Notifying about the new health and aesthetic services that are presented,
- Before- after photographs to check out the effect of the treatment applied,
- Providing you with medication and medical equipment that are special individually,
- Coordination of the organization if you have reached us through a Health Tourism Company.
- Within the Health Tourism, the restricted personal data is processed with the aim of cataloging. (for the ones who have their explicit consent).
At the end of the preservation period your Personal Data is destroyed and deleted.
WITH WHOM IS THE DATA ACQUIRED SHARED?
Please remember that the personal/ sensitive data you have send, will show up when you let them explicitly show up on WhatsApp, Instagram, Facebook or G-mail etc., including your information circling through the information-net abroad. (By our party this information is not requested.) The data is shared with the people indicated below;
the transmission of the data is done restrictedly in accordance with the purpose by each.
- Control officers of Ministry of Health (for the controlling of the some of the documents the information is shared with them. Besides sometimes, the written information is as well requested, in these cases the data is shared in accordance with the purpose restrictedly. ),
- The insurance company, if you are using private insurance.
- Social Security Institution (If there is a payment due, or if there is the case of disability to work.),
- Security General Directorate and other law enforcement officers, our clinic (even though there is no bed for any type of accommodation) and the private hospital where you have your surgery, during the process of crime investigation or prosecution,
- In the case of supplying medication via prescription, the pharmacy or storage of the medications.
- Judicial authorities, to whom we may present your personal or sensitive data with the aim of protecting ourselves, in the case of legal dispute,
- The labs and medical centers, ambulances, the institutions that provide medical equipment and health care services, which we have a domestic or oversea collaboration,
- The hospital, medical center where the surgery or the procedure will be performed,
- Your legal or private representatives,
- The lawyers, tax consultants and inspectors that we work with (in the case of a requirement)
- Our accountant and Financial Advisor,
- Organizing and Regulatory institutions, and official authorities,
- Our suppliers, when material is used,
- The company that provides the patient registration data base, (for more information please write a petition.),
- Academicians, in presentations or press, with the aim of academical events, congresses, articles etc.,
- Concerned company during the communication actions through our web site,
- In the case of giving an explicit consent, you allow us to share your photos, images, with health tourism companies and as well as inside our clinic or the oversea catalogs,
HOW THE ACQUIRED DATA IS PROTECTED?
Data controller takes managerial, technical and physical precautions to protect the acquired data.
Protection of the acquired data is taken care of via precautions taken, by safe maintenance of the data and prohibiting the usage of the date in any other purpose.
Recommended politics and processes given by the Board, are inspected in accordance with the KVKK main principles, and our personnel has been educated professionally in these matters.
All the technical necessities for the computers and applications used, are being investigated to maintain the protection at the most updated level.
We acquire the programs and applications originally. In the physical areas, there are locks, and authorization implementations.
Our storage and destruction policy similarly, serves more detailed protection regulations.
HOW LONG IS THE STORAGE PERIOD?
According to the current legislation, your data regarding the health can be stored for minimum 20 years. Ministry of Health states, with respect to the filing plan that the storage of your data can be for 99-101 years. We, according to the process of the clinic and consultation, took the decision to store your data for 30 years, starting after our relationship with respect to the treatment is terminated. We decided on this period of 30 years, by taking into account that there will be ongoing controls/ check- ups and other medical attempts resulting from both sides. The expired data will be destroyed in the first periodical destruction term. (Our periodical destructions are done once in a while every 6 months). If you request your un-expired data to be destroyed, in this case, the data will not be destroyed.
WHAT ARE YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL DATA THAT IS BEING PROCESSED?
You can exercise your rights under Article 11 of the Personal Data Protection Law regarding your personal data being processed:
- To learn whether your personal data is processed,
- Requesting information if your personal data has been processed,
- To learn the purpose of processing your personal data and whether they are used in accordance with their purpose,
- To learn the third parties to whom your personal data are transferred in Turkey or abroad,
- To request correction of your personal data in case of incomplete or incorrect processing, and to request that the data be notified to third parties,
- To request deletion, destruction or anonymization of your personal data in the event that the reasons requiring its processing disappear, although it has been processed in accordance with the provisions of Law No.6698 and other relevant laws, and to request notification of the transaction made within this scope, to third parties to whom personal data has been transferred,
- To object to the occurrence of an unwanted outcome, resulting from the fact that automated systems analyze your data,
- To request the compensation, in case you suffer any damage due to the unlawful processing of your personal data.
Based on Article 13 of Law No. 6698, your Article 11 application will be concluded as soon as possible and within thirty (30) days at the latest, depending on the nature of the request.
You can send your requests regarding these rights directly to us.
As the subject of the personal data and the relevant person, you, can send your written request to use a right and include your statements and explanations about the right or you may follow other ways that Personal Data Protection Board has decided such as; you may hand over or e- mail your request paper, where you explain the matters clearly and explicitly, and signed with wet-ink.
Since the matters and the issues of the basis of your application is related to your identity, you will be asked to have your ID and address information with you. The ID verification will be done with your information that we already have, restrictedly. If someone else will be doing the application; That person has to apply with a letter of attorney which has special authority (including lawyer). There is no specific format for the application, and you may use the form in our website as well. We kindly remind you that a clear writing of your request will ensure a clear answer.