BURAK ERSEN CLINIC
CLARIFICATION TEXT ON PERSONAL DATA PROCESSING
Dear Our Patient,
This clarification text herein is based on the Law No. 6698 on the Protection of Personal Data in the Turkish Legal Legislation (“KVKK”), European Union General Data Protection Regulation (“GDPR”), by the Communiqué on the Regulation on Personal Health Data and the Procedures and Principles to be Followed in Fulfilling the Obligation to Clarify. It has been prepared for the purpose of enlightening the data owners about the procedures and principles regarding the processing of the Personal Data of the patients applying to Aesthetic, Plastic and Reconstructive Surgery Specialist Dr. Burak Ersen (“Dr. Burak Ersen Clinic”) or (“Dr. Burak Ersen”).
- DATA SUPERVISOR
Your personal data as it is regulated within the scope of GDPR and KVKK will be processed by Dr. Burak Ersen residing at “Atatürk Mah. Ertuğrul Gazi Sk. A Blok No: 2 E İç Kapı No: 298 Ataşehir/ İstanbul. Dr. Burak Ersen who is registered under the tax number 3680176067 before Kozyatağı Tax Authority is referred as “Data Supervisor” under KVKK and as “Data Controller” under GDP.
As Data Controller, Dr. Burak Ersen or Dr. Burak Ersen Clinic inform and declare you that Personal Data that is acquired by the following means indicated in this text, will be recorded, stored, preserved, rearranged, shared with the institutions that are legally authorized to request this personal data, while preserving the accuracy of the personal data you have notified or notified to us, within the framework of the purpose requiring their processing and in connection with this purpose, in a limited and measured manner within the scope of our commercial relations and legal responsibilities towards public institutions or within the scope of our doctor-patient relationship with you; and also declare that it will be transferred to domestic third parties, transferred, classified and processed in other ways listed in the Law on the Protection of Personal Data, under the conditions stipulated by the Law.
- YOUR PERSONAL DATA THAT WILL BE PROCESSED
Your Personal Data and Sensitive Personal Data stated below will be processed by Dr. Burak Ersen in accordance with the basic principles set forth in KVKK 4th art. and in GDPR 5th art., in line with the Personal Data Processing Conditions and Purposes specified in Articles 5 and 6 of the KVKK and Articles 6 and 9 of the GDPR and within the scope of the purposes set forth in this Clarification Text; by the law, by taking all kinds of technical and administrative measures foreseen in the legislation to ensure data security in a correct and up-to-date manner, in connection with the purpose of processing, in a limited and measured manner, considering the principle of justice and transparency.
- Your ID Information: Your name, surname, TR Identity Number and/or Passport Number and/or Temporary TR Identity Number, place and date of birth, marital status, gender and other information that are submitted by you to Dr. Burak Ersen Clinic upon your consent.
- Your Contact Information: Your address (residence/workplace), your phone number, e-mail address, registered electronic mail and other information regarding communication channels that you have provided with your consent so that we can reach you
- Your Health Information: your blood type, allergies, chronic diseases, venereal diseases, infectious diseases, data on previous surgeries/operations, medications you constantly use, information on Covid-19 disease, medical treatments, medical history, health reports, analysis, and imaging results, your anaesthesia information, prescription information, unhealthy habits, body analysis and measurement data, skin analysis data and other health data required for the treatment and operations to be applied to you, your examination findings and data regarding the treatment and/or operation applied to you.
- Your Photo/Video Images and Audio Data: Your image and audio data in the photographs and/or videos recorded before, during and/or after the medical procedure. Visual/auditory information provided by the camera installed to ensure the safety of employees, patients, companions and visitors in Dr. Burak Ersen Clinic.
- Your Financial Information:: Your bank account number, IBAN number, credit card information, information required for invoicing process and other financial data.
- Your Transfer and Accommodation Information: If you are a Health Tourist coming within the scope of International Health Tourism, your transfer information, flight ticket and return information, hotel accommodation information.
- THE PURPOSES THAT WE PROCESS YOUR PERSONAL DATA
Your Personal Data and Sensitive Personal Data is processed by Dr. Burak Ersen in accordance with the KVKK and GDPR in order to maintain the following purposes: (i) to create a patient file, to be able to carry out your examination, preventive medicine practises, your medical diagnosis, treatment, medical practice, operation and care services, (ii) to be able to carry out your controls after medical diagnosis, medical application, treatment and operation processes, (iii) to carry out the complications that may occur, (iv) to communicate with you one-to-one, to manage the appointment processes, to perform patient satisfaction and demand management, (v) to fulfil legal and contractual obligations, to keep the information about your health data, which must be kept by the relevant legislation, within the specified periods, (vi) to fulfil legal obligations by the legislation within the scope of International Health Tourism, To be able to plan the transfer, accommodation and interpreter services of Health Tourist patients/clients coming within the framework of International Health Tourism , To be able to announce the innovations regarding medical treatment and practices, to be able to inform third parties about the applied medical procedure, to be able to carry out promotional and marketing activities regarding medical practices applied within the framework of the International Health Tourism Incentive legislation, to be able to plan and manage health services and financing, (vii) to fulfil the responsibilities arising from the legal relationship established between the doctor and the patient, to fulfil the financial and administrative obligations, to ensure technical security and to fulfil public obligations arising from KVKK and GDPR.
- Your ID Information will be processed to examine, to be able to carry out medical diagnosis, medical application, treatment / operation and care services, to create a patient file, to conduct patient satisfaction and inquiry management, to be able to plan the translation services of the Health Tourist patients/clients coming within the scope of International Health Tourism.
- Your Contact Information will be processed for the purpose of performing your check-up for medical application, consultation, treatment and operation processes, managing appointment processes for these consultations and post-operative check-ups.
- Your Health Information will be processed to be able to carry out your medical treatments and operations successfully, to manage the complication process that may occur, to create a patient file, to be able to keep the information about your health data, which must be kept by the relevant legislation, within the period of time, to fulfil the legal obligations within the scope of the current Health Law and International Health Tourism Legislations.
- Your Photo, Video and Audio Recording Information will be processed in order to be able to manage the treatment and / or operation process performed and observed by Dr. Burak Ersen and also provided that you give your explicit consent about the medical procedures/operations applied to you, to inform the third parties medically.
- Your Financial Data will be processed to be able to issue invoices controlling your payments and refunde any excess fees if any.
- Your Transfer and Accommodation Information will be processed to plan the transfer and accommodation services of the Health Tourist patients coming within.
Your Personal Data and Sensitive Personal Data mentioned above will be processed in line with the above-mentioned purposes and legislation to carry out your medical treatment/operation and fulfil the obligations regarding the medical service provided. Providing your relevant personal data accurately and completely is crucial so that the service your operation, treatment and recovery processes to be provided Dr. Burak Ersen are carried out successfully and it is important in terms of fulfilling the legal, financial and administrative obligations arising from hereof.
- THE METHOD OF COLLECTING YOUR PERSONAL DATA
Your personal data will be collected through the following channels;
- In the event of sharing Personal Data through the messages to be sent to the Dr. Burak Ersen Clinic professional number +90 535 469 89 44, through the message forms panels to be filled via web-site www.drburakersen.com, through security camera recordings and through e-mails to be sent to the corporate e-mail address of Dr. Burak Ersen whose server is located abroad, registered e-mails to be sent to the corporate registered e-mail address “firstname.lastname@example.org” belonging to Dr. Burak Ersen whose is located in Turkey,
- Through the photos/video records before, after and/or during the medical procedure and/or surgery applied to you by Dr. Burak Ersen,
- By the way of signing and filling “Patient Consent Form”, “Patient Informed Consent Form” and “Patient Medical History Survey Form” regarding medical procedure and/or surgery to be carried out by Dr. Burak Ersen,
- Through direct messages to the profile account of Dr. Burak Ersen and/or by commenting on his posts which are in social media accounts whose servers are located abroad that you are currently using (Instagram, YouTube, Facebook, Twitter, LinkedIn, etc.) by accepting their own privacy policies and international transfer policies,
- through log-recording devices (firewall) used within the scope of technical measures taken as per the legislation, in the event that you would like to connect to current wi-fi as a guest user while you are in the Dr. Burak Ersen Clinic,
and will be processed during the examination, medical diagnosis, treatment, operation and post-operative care services, in order to fulfil completely and duly all contractual and legal obligations of Dr. Burak Ersen in the condition that all the administrative and technical measures stipulated under the KVKK and GDPR to be taken by Dr. Burak Ersen.
- CIRCUMSTANCES WHERE YOUR EXPLICIT CONSENT STATEMENT WILL BE OBTAINED
As per the article 6/1/a of GDPR and the article 5/1 of KVKK, your Personal Data can only be processed by obtaining your explicit consent in the circumstances indicated below;
- Sending sms messages and/or e-mails and mobile communication in order to promote, announce and inform about the innovations regarding the medical services provided by Dr. Burak Ersen will only be possible upon your explicit consent.
- Sharing of your photos and/or video recordings taken during and/or after the medical procedure or operation in the Dr. Burak Ersen’s social media user accounts (Instagram, YouTube, Facebook, Twitter, LinkedIn, Google, etc.) and corporate websites will only be possible upon your explicit consent.
- Since sharing your data through service providers whose servers are located abroad will be considered as “transfer abroad” and there is an “explicit consent condition” for transfer abroad, your explicit consent will be obtained in such cases. However, in the following cases, as there won’t be any international transfer by Dr. Burak Ersen, YOUR EXPLICIT CONSENT WILL NOT BE REQUESTED, AND YOUR EXPLICIT CONSENT WILL BE RECEIVED BY THE SERVICE PROVIDER YOU ARE THE USER OF;
- In the event that you send a written/audio message and/or photo/video recording or make an audio/video call to Dr. Burak Ersen by using service providers whose servers are located abroad (WhatsApp/Zoom.us/Facetime/Skype/Messenger/Google/Instagram /Facebook, etc) that you are currently a user hereof by accepting their own privacy policies and international transfer policies, and while you request to have online consultation via these platforms; You are deemed to agree that your Personal Data and Sensitive Personal Data that you share with Dr. Burak Ersen to be processed in accordance with the Personal Data Processing Clarification Text and Privacy Principles of Dr. Burak Ersen; to be contacted through the mentioned applications, and to give your explicit consent to the aforementioned applications for the transfer of your data abroad in accordance with the policies of these applications whose servers are located abroad.
- In the event that you request to be contacted via e-mail service providers (hotmail, gmail, yahoo, etc.) whose servers you are currently using are abroad; that you are currently a user hereof by accepting their own privacy policies and international transfer policies; you are deemed to have accepted that Dr. Burak Ersen will process your Personal Data and Sensitive Personal Data shared in the messages in accordance with the Personal Data Processing Clarification Text and Privacy Principles of Dr. Burak Ersen, and you give your explicit consent to your e-mail service provider for the transfer of your data abroad in accordance with the previously accepted policies of these service providers whose servers are located abroad.
- In the event that Dr. Burak Ersen’s advertisements and promotions published on social media service providers (facebook, instagram, Google, whatsapp, etc.) whose servers are located abroad; that you are currently a user hereof by accepting their own privacy policies and international transfer policies; you are deemed to have accepted that your data that you allow to be automatically processed and transferred abroad will be transferred to Dr. Burak Ersen by the relevant social media service provider, and this data will be processed and preserved by Dr. Burak Ersen in accordance with Personal Data Processing Clarification Text and Privacy Principles of Dr. Burak Ersen. In these cases; you are deemed to have accepted Personal Data Processing Clarification Text and Privacy Principles of Dr. Burak Ersen and the processing of your Personal Data and Sensitive Data in this regard, through the contact information you have given, you are deemed to have accepted that Dr. Burak Ersen has the right to contact you.
- In the event that you send a direct message to the profile account of Dr. Burak Ersen via social media accounts (instagram, youtube, facebook, twitter, linkedin vs.) whose servers are located abroad; that you are currently a user hereof by accepting their own privacy policies and international transfer policies; you are deemed to have accepted that Dr. Burak Ersen will process your data in accordance with Personal Data Processing Clarification Text and Privacy Principles of Dr. Burak Ersen.
- TO WHOM AND WITH WHICH PURPOSES YOUR PERSONAL DATA WILL BE TRANSFERRED TO
6698 sayılı KVKK 5. ve 6. maddeleri ile GDPR 6. ve 9. maddelerinde belirtilen Kişisel Veri İşleme Şartları kapsamında yer alan şartlar ve amaçlar doğrultusunda toplanan Kişisel Verileriniz; KVKK 8. ve 9. maddelerine ve GDPR 45. ve 49. maddelerine uygun olmak suretiyle, Dr. Burak Ersen tarafından muayene, tıbbî teşhis, tedavi, tıbbi uygulama, operasyon ve bakım hizmetlerinin yürütülmesi, geliştirilmesi, Uluslararası Sağlık Turizmi mevzuatına ilişkin idari yükümlülüklerin yerine getirilmesi, Uluslararası Sağlık Turizmi çerçevesinde gelen Sağlık Turisti hastaların transfer, konaklama ve tercüman hizmetlerinin planlanması, hastalar ile iletişim kurulması, sağlık hizmetleri ile finansmanının planlanması ve yönetilmesi, Uluslararası Sağlık Turizmi Teşvik mevzuatı gereğince tanıtım ve pazarlama faaliyetlerinin yönetilmesi, doktor ile hasta arasında kurulan hukuki ilişkiden doğan sorumlulukların yerine getirilmesi, mali, hukuki ve idari yükümlülüklerin yerine getirilmesi, teknik güvenliğin sağlanması ve kamusal yükümlülüklerin yerine getirilmesi amaçlarıyla; amacın gerçekleşmesi için yeterli olduğu ölçüde, gerekli gizlilik sözleşmeleri imzalanmak suretiyle, mevzuata uygun tüm idari ve teknik güvenlik tedbirler sağlanarak aşağıda belirtilen 3. kişi ve kurumlara aktarabilecektir. Bu kapsamda, Dr. Burak Ersen tarafından işlenen Kişisel Verileriniz;
Your Personal Data will be collected in accordance with the conditions and purposes within the scope of personal data processing conditions specified in articles 5 and 6 of the KVKK and articles 6 and 9 of the GDPR; in accordance with Articles 8 and 9 of the KVKK and articles 45 and 49 of the GDPR, Dr. Burak Ersen with the aim of; managing and improving examination, surgery, medical application, operation and post operative care services, fulfilment of administrative obligations regarding International Health Tourism legislation, transfer of Health Tourist patients coming within the framework of International Health Tourism, planning of accommodation and interpreter services, communication with patients, planning and management of health services and financing, management of promotion and marketing activities in accordance with the International Health Tourism Incentive legislation, fulfilling the responsibilities arising from the legal relationship established between the doctor and the patient, fulfilling the financial, legal and administrative obligations, ensuring technical security and fulfilling public obligations for professional purposes; To the extent that it is sufficient for the realization of the purpose, with the condition of signing the necessary confidentiality agreements, by providing all administrative and technical security measures in accordance with the legislation.
In this extent, your Personal Data to be processed by Dr. Burak Ersen will be transferred to;
- Insured Employees of Dr. Burak Ersen,
- Private Hospitals
- Financial Advisor, Tax and Financial Advisors and Auditors
- Legal Adviser
- Overseas Promotion Consultant
- Web Consultant
- Support Management System (SMS) Officer
- Data Protection Officer
- IT Consultant
- Tourism Agencies
- “Clinical Management Software Program” Service Providers
- Database (Server) Providers
- Public Institutions and Organizations authorized within the framework of laws,
- the Judicial Authorities.
- TRANSFERRING YOUR PERSONAL DATA WITH THIRD PARTIES ABROAD
Dr., Burak Ersen does not transfer abroad as a rule. However, it may be possible to keep the data and documents processed by Dr. Burak Ersen on computers outside the Burak Ersen Clinic, to send e-mails and to access the records from these computers, and to have the systems where this data is kept and transferred and/or the databases of e-mail providers located abroad.
- YOUR RIGHTS
Under the Article 11 of the Law No. 6698, provided you prove your identity, you have the following rights;
- To learn whether your Personal Data has been processed,
- To demand information in case the Personal Data has been processed,
- To learn the purpose of processing your personal data and whether they are used accordingly,
- To know the third parties in which your personal data is transferred in Turkey or abroad,
- To request correction of your personal data if and when your data is incomplete or incorrectly processed,
- To request the deletion or destruction of your personal data within the conditions stipulated under the Law No. 6698,
- To request notification of transactions related to the deletion or destruction of your Personal Data to third parties to whom your Personal Data are transferred,
- To make objection in the event of an occurrence of an unfavourable result in case your personal data is processed exclusively by means of automated systems,
- To claim for your loss in case you have damages because your personal data has been processed in illegal manner.
- HOW YOU CAN PROCEED YOUR REQUEST REGARDING YOUR RIGHTS
You can proceed your request regarding your rights listed above by filling out the application form, which you can obtain from Dr. Burak Ersen Clinic. You can send it to Dr. Burak Ersen Clinic by the means set forth below.
In the application procedure, Dr. Burak Ersen carries out his transactions within the scope of the Communiqué on the Procedures and Principles of Application to the Data Controller. In this context, the application must be made in accordance with Article 5 of the aforementioned communiqué.
Provided that, the form is duly filled;
- A wet-signed copy of the Application Form, together with a document providing identification to be submitted personally to the address Atatürk Mah. Ertuğrul Gazi Sok. A Blok No:2E Daire:298 Ataşehir/İSTANBUL,
- A wet-signed copy of the Application Form, together with a document providing identification to be submitted the address Atatürk Mah. Ertuğrul Gazi Sok. A Blok No:2E Daire:298 Ataşehir/İSTANBUL via a notary public,
- By signing the Application Form with the “secure electronic signature” defined in the Electronic Signature Law No. 5070 to be signed and to be sent to e-mail address email@example.com,
- In addition, by filling out and signing this application form, scanning the wet-signed form and uploading it to the computer, by sending an e-mail to firstname.lastname@example.org (if this method is preferred, a document that will provide identification should be attached to the e-mail),
- Or it should be communicated to us using other methods to be determined by the Board.
In the application herein;
- It is obligatory to have name, surname and signature, T.R. for citizens of the Republic of Turkey. identification number, nationality for foreigners, passport number or identification number, if any, place of residence or workplace address for notification, e-mail address for notification, telephone and fax number, if any, and the subject of the request.
- Information and documents related to the subject are attached to the application.
- In written applications, the date on which the document is notified to the data controller or its representative is the application date.
- In applications made by other methods; the date on which the application reaches the data controller is the application date.
Dr. Burak Ersen Clinic will finalize your requests regarding the rights listed above in writing or by other methods to be determined by the Board, as soon as possible and within thirty days at the latest after the date of submission. Applications of data owners may be charged within the framework of the tariffs published by the Board. In accordance with Article 7 of the relevant Communiqué, if your application is to be answered in writing, up to ten pages will not be charged. A transaction fee of 1 Turkish Lira may be charged for each page over ten pages. If the response to the application is given in a recording medium such as a CD or flash memory, the fee that may be requested by the data controller cannot exceed the cost of the recording medium.
In order to respond to your applications made as data owners, Dr. Burak Ersen Clinic may request additional information and documents in order to verify the identity of the applicant, to prevent unlawful transmission of another person’s personal data to unrelated persons and to clarify the applicant’s request. If the said information and documents are not shared, the application of the data owner may not be answered.
Confirmation that the application has been made by the “identity holder” and/or the authorized person is of serious importance. Likewise, while the purpose is to protect personal data, giving personal data to third parties due to the inability to verify identity and taking action within the rights set forth in Article 11 of the KVKK will harm the interests of the person concerned. For this reason, you will understand our sensitivity in terms of identity verification processes and we hope that you will help Dr. Burak Ersen Clinic.
Dr. Burak Ersen Clinic will finalize the requests as soon as possible and within 30 days at the latest. The result of the evaluation is notified to the person concerned in writing or electronically, and if the request is accepted, necessary action is taken in accordance with the KVKK.
In cases where the applications of the persons concerned are rejected, the response is found insufficient or the application is not answered in due time, the person concerned may file a complaint with the Personal Data Protection Board in accordance with Article 14 of the KVKK within 30 days from the date of learning the answer.
Depending on the nature of your request and your application method, Dr. Burak Ersen Clinic may request additional verifications (such as sending a message to your registered phone, calling) in order to determine whether the application belongs to you or not, and thus to protect your rights. For example, if you apply via your e-mail address registered in Dr. Burak Ersen Clinic, we can reach you using another communication method registered with Dr. Burak Ersen Clinic and request confirmation of whether the application belongs to you.
By reading this Clarification Text and Dr. Burak Ersen Clinic’s Policy on the Processing and Protection of Personal Data and by accepting the Dr. Burak Ersen Clinic’s KVKK Informed Consent Text, you are deemed to be fully and completely informed about the data processing process carried out by Burak Ersen, that you have learned your rights under the KVKK and GDPR, and that your Personal Data and Sensitive Personal Data are under Dr. Burak Ersen Clinic’s KVKK Informed Consent Text, which is regulated within the scope of this Clarification Text. By signing the Dr. Burak Ersen Clinic’s KVKK Informed Consent Text, you acknowledge, declare and undertake that you have given your full consent to Dr. Burak Ersen to process your Personal Data and Sensitive Personal Data within the scope of above-mentioned documents.
You have the right to refuse to accept the Clarification Text after reading it.
Burak Ersen reports as “Data Supervisor” within the scope of KVKK and as “Data Controller” within the scope of GDPR.