CLARIFICATION TEXT ON THE PROTECTION OF PERSONAL DATA
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 the information and review of its members and customers by means of this Clarification Text, in order to fulfill the obligation to inform arising from Article 10 of the Law.
This Clarification Text is applicable to all users, members, and customers who visit the Company’s Website(s), and who complete membership to the Company’s sports facilities by approving the Mars Spor Kulübü Membership and Subscription Agreement, Distance Sales Agreement, and Pre-Information Form through the Website, as well as to all personal data processed within the scope of such membership.
Apart from this Clarification Text, you may access the Company’s Personal Data Protection and Privacy Policy via the relevant page on our website to obtain more detailed information on this subject.
1. Clarification by the Data Controller
During the membership purchase process, the following personal data that you share with our Company are processed: name, surname, date of birth, Turkish ID number (or passport number for non-Turkish citizens), mobile phone number, e-mail address, gender, address, and, where identity verification is required, personal data included in identification documents such as ID card, passport, or driver’s license. In addition, the credit card information you provide for the collection of membership fees during the online membership purchase process is stored in a masked form. Throughout your club membership period, your club entrance and exit records are stored and processed by our Company in its capacity as data controller, and, as detailed below, data may also be processed via security cameras located in our clubs.
Our Company attaches importance to your privacy and protection of your personal data while providing services; in accordance with the Law, your personal data obtained/to be obtained by our Company under the title Data Controller or data shared or to be shared with our Company by you; will only be processed by the Company within the scope described below and in the manner stipulated in the Law.
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 the Company’s websites, social media accounts, mobile applications, branches/clubs, sales and marketing units, customer forms, digital marketing tools, contracts, applications, forms, offers, and cookies/internet used during site visits.
Additionally, as detailed below, camera recordings are made in our Company’s gyms for security purposes, and such recordings are retained for a limited period. In its capacity as the data controller, our Company, as well as our branches/clubs on behalf of our Company, and affiliated companies, may collect your personal data verbally, in writing, or electronically through websites. These personal data, obtained within the scope of the Law and other relevant legislation, may be recorded, stored, retained, preserved, modified, and, due to legal reasons or the actual requirements of the services provided by our Company, shared with other persons deemed appropriate by our Company and/or transferred—including to third party natural or legal persons within or outside of Turkey—and processed in accordance with the forms stipulated under the Law.
3. Purposes and Legal Reasons for Processing Your Personal Data
Your personal data are stored and processed by our Company, in its capacity as the data controller, based on the legal grounds set forth in Article 5/2(a) of the Law “explicitly stipulated by law” and Article 5/2(c) “processing of personal data belonging to the parties of a contract is necessary provided that it is directly related to the establishment or performance of the contract”. Within this scope, your personal data are processed by our Company for the purposes of carrying out subscription/membership and distance sales transactions;
Under the Consumer Protection Law No. 6502, the Regulation on Distance Contracts, and the Regulation on Subscription Contracts for managing the consumer relationship between the parties; and for managing the invoicing and accounting processes under the Tax Procedure Law No. 213 and the Turkish Commercial Code No. 6102 to which our Company is subject, based on the legal ground of “explicitly stipulated by law,” and are stored until you notify otherwise and the legal period and grounds expire.
Additionally, your personal data are processed for the performance of the subscription/membership and distance sales agreement, and the collection transactions directly related thereto; to ensure the uninterrupted continuation and efficiency of the membership relationship; to inform you of changes, renewals, and similar matters regarding the club and membership conditions; and to create, edit, and manage personal accounts through the Website and our Company’s mobile application named MAC+ for the purpose of managing membership transactions, based on the legal ground set forth in Article 5/2(c) of the Law “processing of personal data belonging to the parties of a contract is necessary provided that it is directly related to the establishment or performance of the contract”;
or
in cases where prior consent has been obtained within the scope of the Law on the Regulation of Electronic Commerce No. 6563, to inform members and customers about campaigns and opportunities, to provide information about pricing, marketing, offers and other opportunities related to the service, to ensure effective communication with members and customers, to monitor and improve the systems through which the services are provided, to prevent unlawful use of services, and to ensure that the member benefits from the rights, advantages, and benefits provided under the selected membership type. These data are processed and stored by our Company, in its capacity as the data controller, based on the legal ground set forth in Article 5/2(e) of the Law “processing is necessary for the establishment, exercise or protection of a right”, and are stored until you notify otherwise and the legal period and grounds expire.
Detailed information regarding the matters specified in Article 5/2(a) “explicitly stipulated by law” and Article 5/2(c) “provided that it is directly related to the establishment or performance of a contract, it is necessary to process personal data belonging to the parties to the contract” can be accessed through our Company’s Personal Data Protection Policy available on our websites.
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 types of official authorities and institutions, the shareholders of our Company and its direct or indirect affiliates, individuals and organizations from which our Company receives services or cooperates with for the purpose of carrying out its activities, software program-service partners, banks and/or institutions authorized for collection purposes, domestic/foreign organizations with which cooperation is established for the conduct of such activities, and other relevant third-party companies and individuals who will provide the rights, benefits, and advantages included within the membership type selected by the member.
5. Use of Cookies
Cookies are text files containing small pieces of information that are placed by your internet browser and stored on your computer, mobile phone, or tablet when you visit our websites. In order to provide better service to Visitors of the Site, to inform Visitors and Members about campaigns and advantages, and within the framework of legal obligations, our Company will collect and securely store your browsing information, provided that it is not used for any purpose other than those specified in this Clarification Text on Personal Data and those stipulated in the applicable legislation. Where necessary, such data may be shared with third parties.
Our websites use session cookies, which expire when you close your browser, and persistent cookies, which remain stored on your hard drive for a longer period. You may delete all cookies or site-specific data, or reject all cookies, via your internet browser settings. You can access our Company’s Cookie Policy on our Websites.
6. 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.
7. 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.
8. 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, by applying in person to our company’s headquarters address with proper identity verification and/or through a notary. 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