LPPD

Information form regarding Protection of personal data

We, as ICBC Turkey Yatırım Menkul Değerler A.Ş. (“ICBC Yatırım”), in the capacity of Data Supervisor, would like to inform you, according to article 10 entitled “Obligation of the Data Supervisor to Provide Information” of the Law, about the law no.6698 on Protection of Personal Data (“LPPD”), which has been published in the Official Gazette dated 7 April 2016 and issue no.29677, to protect basic rights and persons of the people, mainly the right to privacy, in processing of personal data, and to set forth the obligations of real persons and legal entities who/which process personal data.

Clients of ICBC Yatırım and/or authorised representatives of the Client shall maintain the system infrastructure and internet presentations and documents at the highest reliable level, in order to protect confidentiality of personal information which they shall obtain from potential clients, personnel, senior managers of the company and 3^rd persons.

Collected Personal Data

• Identity Data: Information identifying a data subject such as name, surname, date of birth, place of birth, identity number, father name, mother name, nationality, gender, marital status, photograph included in identification documents such as identity card, identity certificate photocopy, passport and driving license.
• Communication Data: Communication information such as address, electronic mail, phone and fax number, and also, communication records within the scope of phone conversations (voice record) and electronic mail correspondences.
• Legal Transaction Data:  Power of attorney and proxy identification information, data processed within the scope of all kinds of legal (opinion, lawsuit, execution proceeding, judicial authority etc.) incidents.
• Customer Transaction Data: Transaction records, MKK No, Takasbank Registry No.
• Data on Security of Physical Location: Images/video records, visitors’ entry/exit records.
• Transaction Security Data:  Log records, IP records, sound records, accounting records, Internet banking/mobile banking password and motto information.
• Risk Management Data: Age, education level information and investment period and risk preference of transactions related to capital market instruments carried out in the past: type, nature, volume, frequency.
• Financial Data: Financial data relating to IBAN, account number, tax number, tax liability, tax resident country, reconciliation activities, monthly net income information, financial performance information, credit and risk information.
• Data Regarding Labour Life: Profession, title, occupational status.
• Marketing: Information obtained through survey, cookie records, campaign work.
• Audio and Visual Recordings: Video call recordings (online account opening process), audio recordings.
• Private Personal Data: Biometric data related to facial recognition and health data related to disability status (only obtained from customers with customer acquisition through remote identification), blood type and religion information (only from customers who opened accounts with old-style ID cards).

Purpose of processing personal data

ICBC Yatırım processes, keeps and discloses, to the extent permitted under relevant legal regulations, only the personal information which it considers to be necessary for providing best service and product it targets to offer, in addition to the information which it required to obtain from its clients and the representatives of its clients. In this context, personal data are processed within the scope of the reporting activities, problem management and test processes, allocation and campaign and marketing activities, credit activities and activities carried out to ensure security, activities relating to cash management and payments, securities, repo and transfer transactions, general ledger calculations, purchase/sale transactions, lawsuit/execution proceeding and consulting services activities, activities relating to documents prepared in order to respond to information demands by official authorities, management of financial processes such as prevention of laundering proceeds of crime and financing of terrorism (MASAK-Financial Crimes Investigation Board), prevention of fraud and combating against other irregular transactions, conducting identification activities, activities relating to compliance processes, suspicious transaction identification and evaluation activities, performing the steps set forth in the Capital Markets Law and other relevant legislation, intelligence activities, transactions relating to account statements and internet services, activities carried out within the scope of providing customer satisfaction and determination, transactions relating to preparation of forms and agreements, activities carried out within the scope of audit, know your customer principle, it is processed within the scope of requests of ICBC Yatırım; our domestic and foreign controlling shareholders (Industrial and Commercial Bank of China Limited (ICBC) and ICBC Turkey Bank A.Ş.), official authorities and 3^rd persons and institutions.

Collecting personal data and legal grounds

Your personal data may be obtained by ICBC Yatırım, from its clients and/or the Client’s authorised representatives, potential clients, personnel, senior management of the company, via all kinds of written, verbal or electronic channels such as the Head Office, branches, internet, phone / call centre etc. through which personal data of 3^rd persons are obtained, various channels to the extent permitted under and within the scope of the limits set by relevant legal legislation.

Your personal data are collected based on following legal grounds, as set forth in articles 5 and 6 of the Law;

if set forth explicitly in relevant laws, if required for ICBC Yatırım to fulfil its legal obligations, if directly related with concluding or fulfilling the agreement and processing is required therefore, if processing is required for legitimate interests of ICBC Yatırım, provided that basic rights and freedoms are not prejudiced, if publicised by you, if processing is required in order to establish, use or protect a right and if there is explicit consent.

Disclosure of processed personal data

ICBC Yatırım shall be entitled to share, for the purpose of procuring the services and products within the scope of its activities, personal data with the persons and institutions from which it receives services and/or consulting, with its business partners with whom it signs an agreement, third persons with whom it conducts business activities jointly, official authorities and public institutions, at the discretion ICBC Yatırım and provided that it makes a confidentiality agreement with those third persons located in Turkey and abroad from whom it receives services, direct and indirect shareholders, subsidiaries, affiliated companies of ICBC Yatırım.

ICBC Yatırım shall keep, for a certain period within the scope of legal regulations, the records and documents relating to transactions made by it with its clients and/or authorised representatives of the clients, potential clients, personnel, senior management of ICBC Yatırım and with 3^rd persons; and if you want your personal data to be deleted or destructed or anonymised, such demand by you may be fulfilled by ICBC Yatırım at the end of legally required periods; however, during said period, your personal data shall not be processed by ICBC Yatırım and shall not be shared with third persons, except for requirements arising from national and international legal regulations and agreements. 

Rights of related person, personal data of whom are processed

In case the counterparty to this Agreement is a real person, the Client, potential client, personnel and 3^rd persons; and, in case the counter party is a legal person, authorised representative(s) of the Client shall be entitled to apply to ICBC Yatırım and to exercise their following rights, in accordance with the provisions of the LPPD:

• to learn whether the personal data are processed,
• if personal data are processed, to demand information in relation thereto,
• to learn the purpose of processing personal data and whether said data are used in accordance with intended purpose,
• to know the third persons, to whom personal data are disclosed in Turkey and abroad,
• in case the personal data are processed incompletely or incorrectly, to demand correction thereof,
• to demand deletion and destruction of personal data,
• in case personal data are corrected, deleted or destructed, to demand that those transactions be notified to the persons, to whom personal data are disclosed,
• to raise objection against any result which may occur against the person, due to analysis, by means of automatic systems exclusively of processed data,
• if any loss is sustained due to processing of personal data illegally, to demand compensation of the loss.  

Demands made in this regard, shall be finalised by ICBC Yatırım, free of any charge, at the latest within thirty days. However, in case a fee is set by the Personal Data Protection Board, the fee set forth in the tariff prepared by ICBC Yatırım, shall be charged.

If you want to contact us for your demands

If you want to contact us, provide feedback or ask your questions within the scope of the Law no.6698, you may deliver, in person or via notary public, your petition containing your demand, together with the documents certifying your identity, to the Branches of ICBC Yatırım or to our Head Office at the address of “Maslak Mah. Dereboyu / 2 Cad. No:13 34398 Sarıyer / İstanbul”.

For your applications which you want to make by e-mail, you may make them to the e-mail address kvkk@icbcyatirim.com.tr. You may make your applications which you want to make by means of REM, to our REM address at icbcyatirim@hs02.kep.tr. Written applications to be made in this regard, shall be accepted after verification of identity to be conducted by us and feedback shall be provided to relevant persons within legally required periods.

In your application;

a) your name, surname and if your application is in writing, your signature,

b) for the citizens of the Republic of Turkey, your Republic of Turkey identity number; if you are a foreigner, your nationality, your passport number or your identity number, if any,

c) your domicile address or address of your work place, eligible for notices,

d) your electronic mail address, phone and fax number, if any, eligible for notices,

e) subject of your demand

should be indicated and the information and documents in relation to relevant matter, if any, should be attached to the application.

In applications, information shall be given only regarding the applicant person and it shall not be possible to obtain information regarding other family members and third persons.