Pursuant to the Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages, a “Commercial Electronic Message” is defined as “messages containing data, audio, and visual content that are sent for commercial purposes and transmitted electronically by means such as telephone, call centers, fax, automatic calling machines, intelligent voice recording systems, e-mail, and short message service.” Under the Regulation on Commercial Communication and Commercial Electronic Messages, for commercial electronic messages sent by the service provider to the electronic communication addresses of recipients in order to promote or market goods and services, introduce the business, or increase recognition through content such as greetings and well wishes, prior consent must be obtained either directly by the service provider or through the Message Management System.

In accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages, our Company, Mars Spor Kulübü ve Tesisleri İşletmeciliği A.Ş., sends Commercial Electronic Messages to recipients who have given prior consent, via means such as SMS, e-mail, telephone, call centers, automatic calling machines, and intelligent voice recording systems, thereby establishing commercial communication.

This Clarification Text on the Processing of Personal Data Regarding Commercial Electronic Communications and Campaign Processes (“Commercial Electronic Message Clarification Text”) has been prepared and presented to your attention in order to fulfill our obligation to inform, in our capacity as Data Controller, pursuant to Article 10 of the Law on the Protection of Personal Data No. 6698 (“Law”), with regard to the personal data provided by recipients, members, and customers to our Company for the purpose of sending Commercial Electronic Messages and establishing commercial electronic communication.

1.  Clarification by the Data Controller

In order to send you Commercial Electronic Messages, to establish commercial electronic communication with you, and to provide information within the scope of campaigns, your personal data shared with our Company including your name and surname, date of birth, gender, mobile phone number, and e-mail address, as well as records obtained through marketing cookies (for detailed information, please refer to the Cookie Policy), your preferences, and your responses to surveys will be processed by our Company in its capacity as the Data Controller in line with the purposes and legal grounds set forth in this Commercial Electronic Message Clarification Text.

2.  Method of Collection and Processing of Your Personal Data for the Purpose of Sending Commercial Electronic Messages and Establishing Commercial Communication

The personal data you have provided to our Company for the purpose of sending you Commercial Electronic Messages and establishing Commercial Communication may be collected, in compliance with the Law on the Protection of Personal Data, in written or electronic form through channels such as our Company’s websites, social media accounts, mobile applications, branches and clubs, sales and marketing units, customer forms, digital marketing tools, and contracts.

3.  Purposes and Legal Reasons for Processing Your Personal Data

If prior consent has been obtained in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages, the personal data specified in Article 1 may be processed by our Company for the following purposes:

– Promotion of all kinds of products and services offered by our Company and execution of service marketing, promotional and campaign processes,
– Informing consumers about campaigns and opportunities and providing information regarding prices, marketing, other opportunities, offers and services, and supplying detailed information regarding the relevant campaign,-
– Establishing effective communication with members and customers, execution of after-sales services, and management of customer satisfaction and customer relationship processes and activities,
– Determining appropriate membership/subscription types for customers in line with their usage habits, needs and preferences, and providing personalized services,
– Sending personalized content, offers, greetings and well wishes,
– Providing services to consumers effectively and enhancing the functionality of such services,
– Conducting marketing analysis and internal reporting processes,
– Ensuring the control of the systems through which services are provided and improving these systems,
– Fulfilling our Company’s obligations under the Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages.

Personal data obtained in relation to Commercial Electronic Messages and commercial electronic communication processes are processed based on the condition of “explicit consent” under Article 5/1 of the Law on the Protection of Personal Data.

Additionally, the personal data provided to our Company by recipients for the purpose of receiving Commercial Electronic Messages and establishing commercial electronic communication are processed based on the legal grounds set forth in Article 5/2(a) of the Law “explicitly stipulated by law” within the scope of Article 13 of the Regulation on Commercial Communication and Commercial Electronic Messages titled “Burden of proof and retention period of records,” as well as Article 5/2(e) “processing is necessary for the establishment, exercise or protection of a right” and Article 5/2(f) “processing is necessary for the legitimate interests of the data controller, provided that it does not violate the fundamental rights and freedoms of the data subject”. These data may be transferred abroad with your explicit consent, provided that all matters set forth in the Law are duly complied with.

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 or 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, and the Message Management System as required by legislation, the shareholders of our Company and its direct or indirect affiliates, data processors from whom our Company receives services or with whom it cooperates in order to carry out commercial electronic communication activities and the processes specified above, domestic and international individuals or organizations that are software program or service partners, and companies that will provide the opportunities and benefits subject to the campaign in question.

5. 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