Pursuant to the Law No. 6698 on the Protection of Personal Data (“Law”) published in the Official Gazette dated 07/04/2016 and numbered 29677, Mars Spor Kulübü ve Tesisleri İşletmeciliği A.Ş. (“Company”), acting in the capacity of “data controller”, presents the following matters to your information and review with this Clarification Text in order to fulfill the disclosure obligation arising from Article 10 of the Law.

This Clarification Text applies to all persons who perform physical membership transactions to our Company’s gyms through our Company’s websites https://www.macfit.com/ and https://portal.macfit.com/ and/or who gain digital user status (“Digital User”) to log in to our Company’s mobile application named “MAC+” by following the necessary steps through these websites even if physical membership is not performed, and the personal data provided to the Company in this way.

Apart from this Clarification Text, you can obtain detailed information on the subject by accessing the Personal Data Protection and Privacy Policy of our Company and the clarification texts regarding other processes where personal data is obtained from our website.

1. Clarification by the Data Controller

Membership/subscription to the gyms of our Company: Within the scope of membership/subscription to the gyms belonging to our Company, your personal data and gym membership purchase information that you have shared during the gym membership purchase process, such as name, surname, date of birth, Turkish ID No (nationality information and Passport No for those who are not Turkish Citizens), mobile phone number, e-mail address, gender, address, identification documents such as ID, passport, driver’s license in cases where identity presentation is required, and your gym membership purchase information are processed. On the other hand, your credit card information that you have shared for the collection of membership fees during the membership purchase process through the Website is stored in a masked manner for the collection of monthly membership fees. During your club membership, your club entry-exit information is stored and processed in the capacity of data controller and data can be processed through the security cameras in our clubs as specified in this Clarification Text.

If you become a member/subscriber to the gyms of our Company, you will also be granted MAC+ Mobile Application Digital User Status.

MAC+ Mobile App Digital User Status: Even if you do not purchase a gym membership through the above-mentioned website and you are not a member of the gym, you can gain Digital User status to log in to the MAC+ Mobile Application by following the necessary steps. In this case, your personal data such as name, surname, date of birth, mobile phone number, e-mail address, gender and date of birth will be processed by our Company. If you gain Digital User status to log in to the Mobile Application by following the necessary steps, you can download the MAC+ Mobile Application to your mobile device and use the Mobile Application by following the steps to log in to the Mobile Application.

You can access the clarification text on your personal data that may be obtained within the scope of the Mobile Application Digital User status and the use of the Mobile Application and the processing of this personal data MAC+ Mobile Application Clarification Text on the Protection of Personal Data via https://www.macfit.com/en/mobile-application-clarification-text

2. Method of Collection and Processing of Your Personal Data

Your personal data may be collected verbally, in writing or electronically in accordance with the Law through channels such as our Company’s website, social media accounts, mobile applications, branches/clubs, sales and marketing units, customer forms, digital marketing, contracts, applications, forms, offers, cookies used in “site” visits and the use of 3rd party applications in case of your explicit consent.

In addition, as detailed below, camera recordings are made for security purposes in the sports halls of our Company and these recordings are kept temporarily. Your personal data obtained within the scope of the Law and other legislation in written, verbal or electronic media by our Company and our branches/clubs on behalf of our Company, affiliated companies or through websites in the capacity of data controller; can be recorded, stored, stored, preserved, changed, shared with other persons deemed appropriate by our Company for legal, legal reasons or in line with the actual requirements of the service provided by our Company and/or with the relevant third party natural person/legal entities in Turkey or abroad, and can be processed, including transferring abroad.

3. Purposes and Legal Reasons for Processing Your Personal Data

The purposes of processing your personal data within the scope of membership/subscription to the gyms of our Company or within the Digital User Status are generally as follows:

– Execution of Activities in Compliance with the Legislation
– Execution of Company / Product / Service Loyalty Processes
– Ensuring Physical Space Security
– Execution of Communication Activities
– Execution of Service Sales Processes
– Execution of After Sales Support Services
– Execution of Customer Relationship Management Processes
– Execution of Activities for Customer Satisfaction
– Conducting Marketing Analysis Studies
– Execution of Advertising / Campaign / Promotion Processes
– Execution of Storage and Archive Activities
– Execution of Contract Processes
– Tracking Requests / Complaints
– Execution of Marketing Processes of Products / Services
– Providing Information to Authorized Persons, Institutions and Organizations.

Similarly, your personal data obtained within the scope of membership/subscription to the gyms belonging to our Company or within the Digital User Status; “expressly stipulated in the laws” pursuant to Article 5/2.a of the Law; “It is necessary to process personal data belonging to the parties to the contract, provided that it is directly related to the establishment or performance of a contract” pursuant to Article 5/2.c; “It is mandatory for the data controller to fulfill its legal obligation” pursuant to Article 5/2.ç; “Data processing is mandatory for the establishment, exercise or protection of a right” pursuant to Article 5/2.e and “ 5/2.f. ç; “It is mandatory for the data controller to fulfill its legal obligation”; “Data processing is mandatory for the establishment, exercise or protection of a right” pursuant to Article 5/2.e and “Data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject” pursuant to Article 5/2.f, is processed by our Company as the Data Controller based on the legal reasons.

In the event that the conditions specified in Article 5.2 of the Law do not exist, your personal data will be processed based on your explicit consent.

3.1. Purposes and legal reasons for the processing of personal data obtained within the scope of membership/subscription to the gyms of our Company:

Your personal data obtained within the scope of membership/subscription to the gyms belonging to our Company are stored and processed by our Company as the Data Controller based on the legal reasons of “It is expressly stipulated in the laws” pursuant to Article 5/2.a of the Law and “It is necessary to process personal data belonging to the parties to the contract, provided that it is directly related to the establishment or performance of a contract” pursuant to Article 5/2.c.

In this context, your personal data is processed by our Company for the realization of subscription/membership and distance sales transactions;

Law No. 6502 on Consumer Protection, Distance Contracts Regulation and Subscription Contracts Regulation; In order to carry out the invoice process and accounting transactions within the framework of the consumer relationship between the parties, in accordance with the Tax Procedure Law No. 213 and the Turkish Commercial Code No. 6102, to which our Company is subject, it is processed based on the legal reason “It is clearly stipulated in the laws” and stored until you are notified by you and until the legal period and reasons expire.

However, your personal data is processed and stored by our Company, in its capacity as Data Controller, based on the legal ground set forth under Article 5/2(c) of the Law on the Protection of Personal Data (“KVKK”), which allows processing when “it is necessary for the processing of personal data of the parties to a contract, provided that it is directly related to the establishment or performance of that contract.” This processing is carried out for the purposes of establishing and performing a subscription/membership and distance sales agreement, carrying out related payment transactions, ensuring the uninterrupted continuation and efficiency of the membership relationship, and informing you of any changes, updates or similar matters regarding the club and membership conditions; as well as for the creation and management of personal accounts via the MAC+ Mobile Application owned by our Company and the Website, and to manage membership processes through such personal accounts

and

Provided that you have given consent in accordance with Law No. 6563 on the Regulation of Electronic Commerce, your personal data may also be processed based on the legal ground set forth in Article 5/2(e) of KVKK, which permits processing when “it is necessary for the establishment, exercise or protection of a right.” This includes purposes such as informing members and customers about campaigns and opportunities, providing information on pricing, marketing, other services, offers and promotions related to the services, establishing effective communication with members and customers, monitoring and improving the systems through which services are provided, preventing unlawful use of services, and ensuring that members can benefit from the rights, benefits and advantages provided under the selected membership type.

Your personal data will be retained and processed until you notify us otherwise or until the expiration of legal periods and reasons.

Purposes and legal reasons for processing personal data obtained within the scope of MAC+ Mobile Application Digital User Status:

Your personal data obtained within the scope of MAC+ Mobile Application Digital User Status is stored and processed by our Company as the Data Controller based on the legal grounds that “It is necessary to process personal data belonging to the parties to the contract, provided that it is directly related to the establishment or performance of a contract” in accordance with Article 5/2.c of the Law.

The personal data that our Digital Users share during the use of the Mobile Application and may optionally share as long as this use continues are also processed based on the legal reason “It is necessary to process personal data belonging to the parties to the contract, provided that it is directly related to the establishment or performance of a contract” pursuant to Article 5/2.c of the Law in order to benefit from Mobile Application services, to create and organize the member’s personal account through the Mobile Application and to manage membership transactions through the personal account, and are stored until notified by you and until the legal period and reasons expire. 

In addition, if approval is given within the scope of the Law No. 6563 on the Regulation of Electronic Commerce, within the scope of this law, in order to inform members, customers and Mobile Application users about campaigns and opportunities or to provide prices, marketing, other opportunities, offers and information regarding the service, to establish effective communication with members and customers, or to ensure the control of the systems where services are provided and to improve these systems, to prevent illegal use of services; in order to determine the membership/subscription types suitable for customers; to provide services to the consumer in a short time, effectively and to functionalize the services, it is stored and processed by our Company in the capacity of Data Controller and kept until you notify us and until the legal period and reasons expire.

For the avoidance of doubt, if your gym membership with our Company is terminated, only your gym membership will be canceled/terminated; MAC+ Mobile Application Digital User Status and your Mobile Application account will remain valid. If you wish to terminate your MAC+ Mobile Application Digital User Status and delete your Mobile Application account, you can log in from https://portal.macfit.com/ or from the MAC+ My Membership Information page and click the Cancel My Digital Membership button on the Membership Cancellation menu. You are required to follow the necessary steps for the termination of Digital User Status and/or notify our Company of your request in this regard.

4. Persons and/or Organizations to Whom Your Personal Data May Be Transferred

For the purposes specified in the Law and in this Clarification Text, the persons/organizations to whom your personal data shared with our Company may be transferred within the scope of the Law include:

All kinds of official authorities and institutions, shareholders and direct / indirect domestic / foreign affiliates of the Company, software program-service partner individuals and organizations that our Company receives services / cooperates with in order to carry out its activities, banks for collection purposes and / or institutions authorized by collection and domestic / foreign organizations working for the execution of the relevant activity for these purposes; other relevant third companies and persons who will provide the member with the rights, benefits and advantages included in the membership type selected by the member.

5. Use of Cookies

Cookies are text files containing small pieces of information that are loaded by your internet browser when you visit our websites and stored on your computer, mobile phone or tablet. In order to provide better service to Site Visitors, to inform Visitors and Members about campaigns and advantages and within the framework of its legal obligations, our Company will collect and securely store your browsing information, provided that it is not used outside the purpose and scope specified in this Clarification Text Regarding Your Personal Data and stipulated in other legislation, and may share it with third parties if necessary.

Our websites use session cookies that expire when you close your browser and persistent cookies that remain on your hard disk for a long time. You can delete all cookies or data belonging to the site or reject all cookies in the settings section of your internet browser. You can access our Company’s Cookie Policy on our website.

1. Information Regarding Security Cameras
In areas of our clubs deemed appropriate by our Company, excluding locker rooms and restrooms, video recordings are made via security cameras to ensure security.

Such personal data is processed automatically based on the legal grounds set forth in Article 5 of the Law, namely “processing is necessary for the data controller to fulfill its legal obligation” and “processing is mandatory for the legitimate interests of the data controller, provided that it does not violate the fundamental rights and freedoms of the data subject.” These personal data may be transferred to judicial authorities or relevant law enforcement bodies upon request in accordance with applicable legislation. These data are not transferred and/or shared by our Company with any third parties for any other reason. These data are stored based on the hard disk capacity of the relevant club, but in any case for no longer than 1 (one) month, and unless requested by an official authority and/or law enforcement body, they are automatically deleted after this period due to new footage being recorded over existing footage.

2. Circumstances Where Our Company May Process Your Personal Data Without Your Explicit Consent Under the Law
Pursuant to Article 5 of the Law, in the following cases, our Company may process your personal data, which has been collected in accordance with the Law and as specified above, without requiring your explicit consent:

· In cases where it is explicitly stipulated by law,
· Where it is necessary to process your personal data for the protection of the life or physical integrity of yourself or another person, and you are unable to express your consent due to actual impossibility or your consent is not legally valid,
· Where it is necessary to process the personal data of the parties to a contract, provided that it is directly related to the establishment or performance of that contract,
· Where it is necessary for our Company to fulfill its legal obligations,
· Where your personal data has been made public by you,
· Where it is necessary to process data for the establishment, exercise or protection of a right,
· Where it is necessary to process data for the legitimate interests of our Company, provided that it does not violate your fundamental rights and freedoms.

3. What Are Your Rights Under the Law?
Within the scope of Article 11 of the Law, you have the right to apply to our Company to;
 
a. Learn whether your personal data is being processed,
b. Request information if your personal data has been processed,
c. Learn the purpose of processing and whether your data is being used in accordance with that purpose,
d. Know the third parties to whom your personal data has been transferred domestically or abroad,
e. Request correction if your personal data has been processed incompletely or incorrectly,
f. Request the deletion or destruction of your personal data within the scope of the conditions set forth in Article 7 of the Law,
g. Request that the transactions carried out within the scope of subparagraphs (d) and (e) be notified to third parties to whom the data has been transferred,
h. Object to any result arising to your detriment through the exclusive analysis of processed data via automated systems,
i. Request compensation in the event you suffer damage due to unlawful processing of your personal data.
 
You may exercise your rights under this article, as well as your requests regarding the updating or modification of your personal data as of 07/10/2016, the effective date of the regulation, by applying in person to our company’s headquarters address with proper identity verification and/or through a notary. Moreover, In addition, in the event that another application method is announced by the Board, our Company will announce how the applications will be received by these methods. Our Company will respond to your request free of charge as soon as possible and no later than thirty (30) days depending on the nature of the request. However, if the process requested requires an additional cost, a fee may be charged in accordance with the tariff set by the Personal Data Protection Board within the scope of Article 13 of the Law.


MARS SPOR KULÜBÜ VE TESİSLERİ İŞLETMECİLİĞİ A.Ş.
Beşiktaş Tax Office Tax ID No: 6120659687
Mersis No: 061206598700010
Address: Dereboyu Caddesi Ambarlıdere Yolu No:4 Kat:1 Ortaköy-Beşiktaş/İstanbul
Phone Number: 0212 970 19 00