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 Sportif Tesisler İşletmeciliği A.Ş. (“Company”), in its capacity as the “data controller,” hereby presents the following matters to your information and review in order to fulfill its obligation to inform as required by Article 10 of the Law.

This Clarification Text is applicable to all Member Users and Digital Users (“User”) who become members of the Company’s Mobile Application (“Mobile Application”) by approving the Mobile Application Terms of Use and User Agreement (“User Agreement”), to all persons who use the Mobile Application, and to all personal data provided to the Company through such usage.

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

The following personal data you provide during Mobile Application membership—your name, surname, date of birth, mobile phone number, email address, gender, information regarding your sports activities, habits, goals, and preferences, height and weight information, optional photograph, training details, and club usage data obtained through your entries into our gyms using the QR code available in the Mobile Application—may be stored and processed by our Company, in its capacity as data controller. Additionally, location data that may be obtained from your device may also be stored and processed, provided that you have granted permission for such access.

For users of the Mobile Application who are already members of our Company’s fitness clubs (“Member Users”), the personal data shared with our Company at the time of membership such as name and surname, date of birth, Turkish ID number (or passport number for non-Turkish citizens), mobile phone number, e-mail address, gender, and address are retained by our Company pursuant to Articles 5.2(a) and 5.2(c) of the Law. Member Users may only complete Mobile Application membership using the mobile phone number registered during their fitness club membership and the verification code sent to that number.

Users of the Mobile Application who are not members of our Company’s fitness clubs (“Digital Users”) may complete Mobile Application membership by entering their name and surname, date of birth, gender, mobile phone number, and e-mail address.

2. Use of Apple HealthKit and Google Health Connect in the MAC+ Application

Apple HealthKit:  The HealthKit framework developed by Apple (Apple Inc., 1 Infinite Loop, Cupertino, CA 95014, USA; “Apple”) is used in our MAC+ Mobile Application. This feature provides a centralized repository for health and fitness data on iPhone and Apple Watch devices and, with your explicit consent, allows our MAC+ Mobile Application to communicate with the HealthKit Store to access and share this data. With your explicit consent, the information collected by HealthKit for the purpose of tracking health and fitness activities—such as heart rate, pulse, steps, calories, and workout data (including workout start and end times, duration, type, indoor or outdoor setting, and pace)—may be processed by our Company. If you do not wish the MAC+ Mobile Application to access your personal data collected via HealthKit, you can disable this access and prevent data sharing by changing your mobile device settings. You can access more information about HealthKit [here].

Google Health Connect: The Google Health Connect feature developed by Google (Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland; “Google”) is used in our MAC+ Mobile Application. This feature provides a centralized repository for health and fitness data on Android devices and, with your explicit consent, allows the MAC+ Mobile Application to communicate with Google Health Connect to access such data. With your explicit consent, the information collected by Google Health Connect for the purpose of tracking health and fitness activities—such as heart rate, pulse, steps, calories, and workout data (including workout start and end times, duration, type, indoor or outdoor setting, and pace)—may be processed by our Company. If you do not wish the MAC+ Mobile Application to access your personal data collected via Google Health Connect, you can disable this access and prevent data sharing by changing your mobile device settings. You can access more information about Google Health Connect [here].

3. Method of Collection and Processing of Your Personal Data

Your personal data may be collected by our Company verbally, in writing, or electronically, in compliance with the Law, through channels such as our Company’s website, social media accounts, mobile applications, branches and clubs, sales and marketing units, customer forms, digital marketing tools, contracts, applications, forms, offers, and cookies used during site visits; and, where you have given explicit consent, through the use of third-party applications.

Within this scope, for Member Users, the personal data shared with our Company during the purchase of club membership such as name and surname, date of birth, Turkish ID number (or passport number for non-Turkish citizens), mobile phone number, e-mail address, gender, and address are retained by our Company pursuant to Articles 5.2(a) and 5.2(c) of the Law and are processed within the scope of the services provided through the Mobile Application. Personal data of Digital Users are collected within the scope of Mobile Application membership.

Your personal data obtained in accordance with the Law and other applicable legislation may be recorded, stored, retained, preserved, modified, or shared with other parties deemed appropriate by our Company due to legal reasons or based on the practical requirements of the services provided by our Company.

4. Purposes and Legal Reasons for the Processing Your Personal Data

Your personal data is retained and processed by our Company in its capacity as 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) 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”.

Within this scope, the personal data of our current Member Users such as name and surname, date of birth, Turkish ID number (or passport number for non-Turkish citizens), mobile phone number, e-mail address, gender, address, and photograph are processed by our Company for the purposes of performing subscription or membership and distance sales transactions and ensuring compliance with the legislation.

This includes the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, the Regulation on Subscription Agreements, and the Regulation on Private Physical Education and Sports Facilities, as well as for executing invoicing and accounting transactions within 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. These data are processed based on the legal ground of “explicitly stipulated by law” and are stored until you notify otherwise and until the legal period and legal grounds expire. These data are also used through the Mobile Application for the performance of related services.

Additionally, the personal data of our Member Users listed above, as well as the data they provide regarding their sports activities, sports habits, sports goals, sports preferences and interests, their height and weight data, and the data obtained in this context during the use of the Mobile Application are processed for the purposes of performing the services provided within the scope of the Mobile Application, ensuring the efficiency of fitness club membership, creating and managing the personal member account through the Mobile Application, managing membership transactions through the personal account, and creating and tracking training appointments. These data are processed based on the legal ground set forth in Article 5/2(c) of the Law, which states that “provided that it is directly related to the establishment or performance of a contract, it is necessary to process the personal data of the parties to the contract,” and are stored until you notify otherwise and until the legal period and legal grounds expire. 

Likewise, the personal data shared by our Digital Users during their use of the Mobile Application and the personal data they may optionally provide during such use are also processed for the purposes of benefiting from the Mobile Application services, creating and managing a personal member account through the Mobile Application, and managing membership transactions through the personal account. These data are processed based on the legal ground set forth in Article 5/2(c) of the Law, which states that “provided that it is directly related to the establishment or performance of a contract, it is necessary to process the personal data of the parties to the contract,” and are stored until you notify otherwise and until the legal period and legal grounds expire.

In addition, in the event that prior consent has been given within the scope of the Law No. 6563 on the Regulation of Electronic Commerce, your personal data specified in Article 1 and the information you have provided regarding your sports activities and sports habits are processed by our Company in its capacity as the Data Controller for the purposes of informing members, customers, and Mobile Application users about campaigns and opportunities, providing information regarding pricing, marketing, other opportunities, offers, and services, establishing effective communication with members and customers, monitoring and improving the systems through which services are provided, and preventing unlawful use of services. These data are also processed for the purpose of determining suitable membership or subscription types for customers, delivering services to consumers effectively and within a short period of time, and enhancing the functionality of such services. These data are stored and processed until you notify otherwise and until the legal period and legal grounds expire.

Depending on the scope and purpose of your use of the Mobile Application, personal data may be shared by you and may also be obtained by our Company during your use of the Mobile Application based on your individually determined purposes. The data you optionally provide in this manner and the data collected through the Mobile Application in this context are processed based on the legal ground set forth in Article 5/2(c) of the Law, which states that “provided that it is directly related to the establishment or performance of a contract, it is necessary to process the personal data of the parties to the contract.”

In cases where the conditions specified under Article 5.2 of the Law are not present, your personal data will be processed based on your explicit consent.

5. 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 or organizations to whom your personal data shared with the 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.

6. 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.

7.  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 SPORTİF TESİSLER İŞLETMECİLİĞİ A.Ş.
Beşiktaş Tax Office Tax ID No: 6120525594
Mersis No: 0612052559400010
Dereboyu Street Ambarlıdere Road No: 4 Floor: 1 Ortaköy Beşiktaş/İstanbul
Phone Number: 0212 970 19 00