5SMM.COM Website
Personal Data Protection Clarification Text

At 5smm.com, we attach utmost importance to the protection and processing of your personal data within the scope of the Law No. 6698 on the Protection of Personal Data and secondary legislation regulations, regulations and communiqués.

The clarification text you are reading has been prepared in order to fulfil our obligation to inform in accordance with Article 10 of the Law. Within the scope of processing and protection of your personal data, the disclosure text includes information on our methods of protecting your fundamental rights and freedoms, especially the privacy of private life, our obligations as a data controller and the legal procedures and principles we apply.

In this clarification text; we inform you in a clear, simple and understandable manner about the purpose for which your personal data obtained through our website is processed, our method of collecting your personal data and legal grounds and your legal rights.

For this reason, it is very important for your legal benefit that you read this clarification text carefully and carefully and obtain information about the security of your personal data.

Please be informed that the personal data protection process in the Law and all secondary legislation regulated within this scope is only valid for natural persons. Natural person; refers to each individual who is a human subject and not institutionalised.

Therefore, since legal entities cannot be the owner of personal data within the scope of the legal legislation, it is not possible for legal entities to benefit from personal data protection law.

1.a) Explanations of the Terms in the Clarification Text and the Law

The legal terms and their explanations in the clarification text you are reading and the Law are as follows;

  • All information belonging to real persons whose identity is known or identifiable is called personal data.
  • Natural persons whose personal data are processed are called data subjects.
  • Law No. 6698 on the Protection of Personal Data is called as a law.
  • The process of making personal data inaccessible and non-reusable in any way for the person concerned is called deletion of personal data.
  • The process of making personal data inaccessible, non-reusable and non-retrievable for anyone in any way is called destruction of personal data.
  • The process of making personal data in such a way that they cannot be associated in any way with an identified or identifiable data subject is called anonymisation of personal data. After these data are anonymised, they can be statistically matched with other data.
  • The natural or legal person who processes your personal data, determines the purposes and means of processing, and is responsible for the establishment and management of the data recording system is called the data controller.

The data controller within the scope of the clarification text is 5smm.

  • A legal person resident in Turkey or a natural person who is a citizen of the Republic of Turkey who undertakes the task of representing the data controller who is not resident in Turkey is called the data controller representative.

The data controller representative is responsible for notifying and accepting the notifications to be made by the institution, transferring the requests directed by the institution to the data controller and forwarding the response of the data controller to the institution, forwarding the requests of the data subjects regarding their rights under Article 13 of the Law to the data controller, forwarding the response given by the data controller within the scope of Article 13 of the Law to the data subject and other duties written in the law.

  • The Personal Data Protection Board is referred to as the board and the Personal Data Protection Authority is referred to as the institution.
  • The consent expressed by the relevant persons on the basis of information on a matter that concerns them is called explicit consent.
  • All operations performed on personal data, such as obtaining, recording, storing, retaining, modifying, reorganising, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data by fully or partially automatic means or by non-automatic means provided that they are part of any data recording system, are called processing of personal data.

1.b) Who is the Data Controller?

5smm.com is the data controller that processes your data for legal purposes based on your explicit consent in the clarification text you are reading

2) What are your rights during the processing of your personal data?

In accordance with Article 11 of the Law, you can request detailed information about your legal rights from our company in the capacity of data controller through the representative of the data controller or the e-mail of the website (info[at]5smm.com). Your legal rights that you can request from our company within the scope of the law are as follows;

  • You can find out whether your personal data is being processed.
  • If your personal data has been processed; you can request detailed information about which personal data has been processed.
  • You can ask the legal purpose of processing your personal data and whether your personal data is used in accordance with this purpose.
  • You can find out whether your personal data has been transferred domestically or abroad, and if so, the third parties to whom your personal data has been transferred.
  • If you believe that your personal data is incomplete or incorrectly processed, you may request that this data be corrected in accordance with your request.
  • If the reasons requiring the processing of your personal data processed on the basis of your explicit consent and in accordance with the provisions of the law have disappeared, you may request the deletion or destruction of your personal data. The situations in which the reasons requiring the processing of your personal data will disappear are described in detail in the clarification text you have read.
  • If your request for correction of your processed personal data and your request for deletion or destruction of your personal data has been fulfilled; you can request that these issues be notified to the third parties to whom your personal data was previously transferred.
  • You can object to the occurrence of a result against you by analysing your processed data exclusively through automated systems.
  • If you believe that your personal data has been processed unlawfully, you may request compensation for the damage you claim to have suffered.

3) For what purpose and on what legal grounds and by what method is your personal data processed?

In line with our obligation under this clarification text, our purpose of processing your personal data is based on a specific, clear, legitimate legal reason.

In this context, your personal data is processed based on your explicit consent within the scope of the work contract established by registering on our website in accordance with Articles 470 and following of the Turkish Code of Obligations No. 6098.

Therefore, your personal data is processed directly related to the establishment and performance of the contract of work, as it is necessary due to the fact that you are a party to the contract.

However, as a result of the performance of our obligation to perform work as a contractor in addition to our capacity as a data controller; Your personal data is processed within the scope of our legitimate interests as it is mandatory for the fulfilment of our legal obligations under the Tax Procedure Law No. 213 and secondary regulations.

Your personal data that you enter with your explicit consent when you register to the 5smm.com website by using electronic media by our company; It is processed and protected by this method.

Therefore, within the scope of our disclosure obligation, personal data are obtained by non-automatic methods as part of the data recording system within the scope of the explicit consent of the data subjects and the data entered personally by the data subject.

It is never possible to process your personal data for other purposes other than the purpose written in this clarification text. In addition, our website 5smm.com does not process your personal data of special nature as stated in Article 6 of the Law.

4) A Schematic Display by Listing on Which of Your Personal Data is Processed Based on Which Legal Reason

Your Personal Data We Process

Our Processing Terms

Legal Requirements

Electronic Media Reached to Our Company

- Your name and surname,
- Your telephone number,
- Your address,
- Your e-mail address, - Your
username

- To perform your membership to our website and to verify your membership information
, - To perform our performance within the scope of the work contract established with membership

- Your explicit consent,
- It is necessary for the establishment and performance of the membership and work contract with registration on our website
, - It is mandatory for our legitimate interests and obligations as data controller
, - It is mandatory for the establishment, use or protection of the right

5smm.com and all subdomains

- Your IP address when you log in to our website
, - Browser cookies
, - Traffic data
, - Your location

- To fulfil our obligations arising from the Internet Law No. 5651 and the Turkish Penal Code No. 5237
, - To share the information requested by judicial/administrative authorities in this context with official institutions
, - To improve the technical infrastructure of our website in accordance with user movements

- Your explicit consent, - It is necessary for the establishment and performance of the membership and work contract with registration on our website
, - It is mandatory for our legitimate interests and obligations as data controller
, - It is mandatory for the establishment, use or protection of the right

5smm.com and all subdomains

If you do not log in as a member on our website, your IP address, browser cookies, traffic data and your location are processed anonymously; for statistical data collection purposes and to improve the infrastructure of our website and to recognise our potential customers.

Therefore, since the identity of the person concerned is not known or identifiable in this case, personal data is not processed if our website is visited without logging in.

In addition, no data is processed regarding the credit card, debit card, IBAN number or similar payment means that you will use in the payments you will make to our company as the business owner after the establishment of the work contract with the membership.

These records are under the responsibility and supervision of third party BRSA-licensed payment intermediary institutions integrated into our website with your consent.

5) Legal General Principles and Rules Regarding the Processing of Your Personal Data

Your personal data we obtain on our website 5smm.com is processed in accordance with legal principles.

In this context, your personal data;

  • In accordance with the law and good faith,
  • Accurate and, where necessary, up to date,
  • For our specific, explicit and legitimate purposes,
  • In connection with, limited and proportionate to the purpose we process,
  • By being kept for the period stipulated in Law No. 6698 and secondary legislation or for the period required for the purpose we process

Processing.

6) Process of Deletion, Destruction and Anonymisation of Your Personal Data

When all the conditions for the processing of personal data in Articles 5 and 6 of the Law are no longer applicable, your personal data shall be deleted, destroyed or anonymised ex officio or upon request within the framework of the provisions of the "Regulation on Deletion, Destruction or Anonymisation of Personal Data".

The deletion, destruction or anonymisation of your personal data is carried out within the scope of the Board decisions by taking high-level security measures in line with the principles stated in Article 5 of the clarification text.

Records regarding the deletion, destruction or anonymisation of your personal data are kept by our company as the data controller for a minimum period of 3 years. All methods we apply regarding the deletion, destruction or anonymisation of personal data are shared with the relevant person.

When you submit your request for deletion, destruction or anonymisation of your personal data to our company as a data subject, our data processing conditions and whether these conditions have disappeared are examined.

If your request is met positively, which of the deletion, destruction or anonymisation methods we have applied and the reason for it will be shared with you as the person concerned within 30 days at the latest.

In the same conditions, if your personal data subject to your request is shared with 3rd parties by our company, this situation is notified to the 3rd party by our company and all necessary actions are taken in accordance with the legislation.

If all the processing conditions of your personal data subject to your request have not disappeared, your request may be rejected by explaining the reason and our rejection response will be sent to you electronically within 30 days at the latest.

We hereby inform you that our company, as the data controller, has the right to choose the most appropriate method of deletion, destruction or anonymisation upon request or the right to reject your request.

7) Transfer (Sharing) of Your Personal Data

Your personal data are transferred limited to the processing reasons stated in the clarification text. In addition, your personal data are shared with our business partners, lawyers and official state authorities of the Republic of Turkey within the scope of your explicit consent in order to fulfil our obligations written in the Law and secondary legislation as data controller and party to the work contract, our legal obligations under tax law and limited to our legitimate interests.

These transfers are carried out by taking all high-level security measures in accordance with Articles 8 and 9 of the Law, limited to the establishment of the contract of work by registering on our website within the scope of Article 5 of the Law, the performance of our performance as a contractor, the fulfilment of our obligation under tax law arising from the performance and our legitimate interests.

8) Legal Information on the Stages of Fulfilment of Our Disclosure Obligation

This disclosure text is published on the URL address http://www.5smm.com/kvkk of our website in a way that allows everyone to access it at any time, and our disclosure obligation under the law is fulfilled electronically in this form

In addition, when you register on our website, the URL address of the disclosure text is made available to you in a way that allows you to review it before saving your personal data, and our disclosure obligation is fulfilled in this form.

However, depending on your explicit consent as the person concerned or other processing conditions in the law, each time your personal data is processed, the URL address of the clarification text is re-presented to your use in a way that allows you to review it, and we hereby inform you that our disclosure obligation is fulfilled in this form.

If you do not consent to the clarification text during registration on our website, your personal data will not be processed in this case, as the registration process will not take place.

Therefore, we hereby inform you that when you register on our website after approving the clarification text, you accept that we fulfil our obligation to clarify and that your personal data is processed with your explicit consent.

If the purpose of processing personal data in this disclosure text changes, our obligation to inform for this purpose before the data processing activity;

It will be fulfilled by announcing it to all our visitors and registered users with the update of the clarification text at the Clarification Text URL.

9) Measures We Take Regarding Personal Data Security and Our Obligations

As the data controller, we attach importance to the security of your personal data in accordance with Article 12 of the Law.

In this context;

  • Preventing unlawful processing of your personal data,
  • Preventing unlawful access to your personal data,
  • Ensuring the protection and preservation of your personal data

We hereby inform you that we have taken all necessary technical and administrative measures to ensure the most appropriate level of security while fulfilling our obligations.

In addition, as the data controller, we carry out all necessary audits to ensure personal data security in all units within our company.

Despite all the technical and administrative measures we have taken, please be informed that in the event that the personal data we process are illegally obtained by others, we will notify the relevant persons and the Board as soon as possible as the data controller.

10) Your Requests, Application Procedure and Our Response Obligation

As the owner of the processed personal data, you can send your requests regarding your rights arising from the Law and written in Article 2 of the clarification text to the data controller representative, whose contact information is provided in Article 1.b of the text, via e-mail written in the same article.

Your request will be finalised free of charge within thirty days at the latest as stipulated in Article 13 of the Law and as soon as possible depending on the nature of the request. However, if the transaction subject to your request requires an additional cost, we hereby inform you that the fee in the legal tariff determined by the Board may be requested.

The date your application is sent to our e-mail address will be accepted as the official application date. When your request in your application is accepted or rejected by explaining the reason, our response will be sent electronically to your e-mail address registered in our system.

If your request in the application is accepted, the request will be fulfilled immediately as data controller.

Pursuant to Article 14, Paragraph 2 of the Law, we would like to inform you that you cannot file a complaint to the Board without exhausting the remedies set forth in this article, and if you do, the Board will reject your request.

The following points must be included in the request application you will make to our company;

  • Name, surname and Turkish ID number,
  • If you are a foreign national, your passport number, your country of nationality ID number and your nationality,
  • Your postal address, which is necessary for us to respond to your request,
  • Your e-mail address and telephone number that you registered in our system when you registered on our website
  • The subject and clear explanation of your request and the result of the request

In order for your request to be examined and finalised in the fastest way possible, it is important that you include all the information and documents, if any, that constitute the justification for your request in your application.

11) Enforcement and Implementation

The clarification text has been prepared in order to fulfil our disclosure obligation within the scope of Article 10 of the Personal Data Protection Law No. 6698 and secondary legislation regulations.

The clarification text has been published on the URL address https://5smm.com/pdpl of our website with a technical infrastructure accessible by everyone and it is accepted that it entered into force on the date of publication. In respect of the matters not included in the clarification text or in case of any discrepancy between the legislation and the clarification text, the provisions of the legal legislation shall be deemed valid.

When our personal data processing purpose or policy changes or when new legal regulations are introduced by the public authority, we have the right to make changes in the clarification text.

In these cases, the updated and new disclosure text containing the changes will be published at the URL address written in this article with the current date stamp and the information will be provided in this way.

This clarification text is a work under the protection of the Law No. 5846 on Intellectual and Artistic Works and all legal rights belong to 5SMM.COM.

Within the scope of Article 71 of the Law No. 5846, it is an offence to change, use, transmit to the public, publish this work and the penalty is imprisonment from 1 year to five years or a judicial fine.