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Personal Data Protection Notice (KVKK)

Privacy notice of the Palet Culture, Art and Education Association for volunteers, applicants, participants and supporters, under Turkish data protection law (KVKK).

Information Notice for Volunteers / Applicants / Participants / Supporters on the Protection and Processing of Personal Data

PALET CULTURE, ART AND EDUCATION ASSOCIATION, ISTANBUL CHILDREN AND YOUTH ART BIENNIAL takes the highest possible level of security measures to ensure that your personal data is collected, stored and shared lawfully and to protect your privacy.

Our aim, in accordance with Article 10 of Law No. 6698 on the Protection of Personal Data and with your satisfaction in mind, is to inform you as transparently as possible about how your personal data is obtained, the purposes for which it is processed, the parties with whom it is shared, the legal grounds for processing and your rights.

1. Data Controller

Under Law No. 6698 on the Protection of Personal Data (“Law No. 6698”), your personal data will be collected and may be processed, within the scope described below, by PALET CULTURE, ART AND EDUCATION ASSOCIATION, ISTANBUL CHILDREN AND YOUTH ART BIENNIAL (the “BIENNIAL”) as data controller.

With this Information Notice on the Protection and Processing of Personal Data (the “Information Notice”), we, PALETDER Palet Culture, Art and Education Association, Istanbul Children and Youth Art Biennial (the “Association” and the “Biennial”), acting as Data Controller under Law No. 6698 on the Protection of Personal Data (“KVKK”), wish to inform you, our valued volunteers, participants, applicants and supporters, in fulfilment of our duty to inform under the KVKK.

Under the KVKK, personal data means any information relating to an identified or identifiable natural person (“Personal Data”), and special categories of personal data, a particular type of personal data, means data relating to race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, membership of an association, foundation or trade union, health, sex life, criminal convictions and security measures, as well as biometric and genetic data (“Special Category Personal Data”). Accordingly, the definition of Personal Data also covers your Special Category Personal Data.

2. Method of Collecting Personal Data and Legal Grounds for Processing

Your personal data is collected by the ASSOCIATION, on the basis of the purposes set out in the ASSOCIATION’S STATUTES and the Biennial application guidelines, orally, in writing or electronically, through the means listed below – in particular the applications you make, other institutions from which we receive support services, natural and/or legal persons with whom we transact under any legislation or contract, channels such as our website, and other channels that may be set up or emerge in the future.

In connection with your transactions with the BIENNIAL and for the purposes and within the scope set out in Section 4 below, personal data may be collected by automated or non-automated means, orally, in writing or electronically, through the methods and third parties below, in categories such as application information, institution information, identity information, contact information, membership information, volunteer information, transaction security information, and legal transaction and compliance information.

In this respect, the methods and means of collecting personal data are as follows:

  • Through documents completed during your visits to the BIENNIAL website, membership, project applications, event applications, volunteer applications, registration and donations;
  • Through documents completed at events organised by the BIENNIAL or third parties and/or at event locations belonging to the Association;
  • Through the applications you make on the BIENNIAL website;
  • Through suggestions, requests or complaints you have sent us orally by telephone, or in writing through the Association’s and the Biennial’s website, social media platforms and similar channels;
  • Through satisfaction surveys you complete;
  • Through third parties from which the Association receives services and with which it has contractual business relationships concerning the Biennial’s supporters/donors.

The legal grounds for processing Personal Data set out in Articles 5 and 6 of the KVKK are as follows:

  • Your explicit consent;
  • Processing being expressly provided for by law;
  • Processing being necessary to protect the life or physical integrity of the data subject or of another person, where the data subject is unable to give consent owing to actual impossibility or where their consent is not legally valid;
  • Processing of personal data relating to the establishment or performance of a contract;
  • Processing being necessary for us to fulfil our legal obligations;
  • The data having been made public by the data subject;
  • Processing being necessary for the establishment, exercise or protection of a right; and
  • Processing being necessary for our legitimate interests, provided that this does not harm your fundamental rights and freedoms.

3. Your Personal Data That We Collect

The Personal Data we collect from you is data that we process in proportion to the processing purposes set out in Section 4 below, in order to achieve the purposes set out in the Association’s Statutes and within the framework of the Biennial’s events, to provide our services to you, to fulfil our obligations towards you, to keep records and documents, and to comply with the information retention, reporting, notification, audit and other obligations laid down by local and international legislation.

4. Purposes for Which Personal Data Will Be Processed

Your Personal Data is processed by the BIENNIAL for the following purposes, on the basis of your explicit consent or in other cases legally permitted under the KVKK:

  • Communicating with you in order to pass on necessary information regarding IT requirements, project applications, volunteer applications and system infrastructure, the IT support services received, and these services and products;
  • Making in-kind and/or cash donations in the context of establishing a donor relationship (identity, contact, donor transaction, finance and transaction security information) (Legal ground: establishment and performance of a contract; necessity for our legitimate interests);
  • Sending certificates of appreciation in response to applications made in the context of maintaining relationships with volunteers, educators, participants, supporters and donors who have applied (identity, contact and donor transaction information) (Legal ground: necessity for our legitimate interests);
  • Measuring and increasing volunteer/participant satisfaction, managing complaints, obtaining your views and suggestions on services, training and events, receiving your reports of problems and errors, and informing you about products, events and services (Legal ground: necessity for our legitimate interests);
  • Informing you in response to your complaints and requests (Legal ground: necessity for our legitimate interests);
  • Following a donation, carrying out finance and accounting work and fulfilling tax and other legal obligations accordingly (including issuing and keeping donation receipts) (identity, contact, finance, donor transaction and participant transaction information) (Legal ground: expressly provided for by law; performance of a contract; processing being necessary for the establishment, exercise or protection of a right);
  • Carrying out application, support, feedback, online training and online event activities within the framework of the BIENNIAL’s activities, and contacting you electronically or by telephone in this context (identity, contact, transaction and transaction security information) (Legal ground: explicit consent);
  • Data may be transferred to institutions with which we have agreements for sending messages, parcels and post to BIENNIAL participants, and to the courier companies that deliver parcels and post to you, within the framework of the personal data processing conditions and purposes set out in Articles 8 and 9 of Law No. 6698 (identity, contact, address, education and event information) (Legal ground: explicit consent);
  • Ensuring participation in, and announcing, the activities and training carried out through BIENNIAL applications and events, carrying out analyses accordingly, and managing the planning and execution of activities (identity, contact, participant transaction and professional experience information) (Legal ground: explicit consent);
  • Conducting satisfaction surveys in electronic and/or physical form to increase the satisfaction of Biennial participants (identity, contact, donor transaction, participant transaction, professional experience, education, event and suggestion/request/complaint information) (Legal ground: explicit consent);
  • Evaluating and following up requests, suggestions and complaints from donors/participants and volunteers submitted through the BIENNIAL website, social media platforms and similar channels (identity, contact, participant, volunteer transaction, suggestion/request/complaint and social media account information) (Legal ground: processing being necessary for the establishment, exercise or protection of a right);
  • Making announcements and calls regarding events, projects, meetings and similar activities held and/or to be held by the BIENNIAL, and sending event invitations, certificates, posters, brochures, catalogues, magazines and activity reports (identity, contact, education and event information) (Legal ground: explicit consent);
  • Carrying out processes for following up and resolving legal disputes (identity, contact, legal transaction, participant transaction, donor transaction, transaction security and suggestion/request/complaint information) (Legal ground: processing being necessary for the establishment, exercise or protection of a right; necessity for our legitimate interests);
  • Complying with the information retention, reporting, notification and audit obligations laid down by official bodies, fulfilling contractual requirements, performing the legal obligations to which the Association is subject in relation to the use of these services, and providing information to authorised persons, institutions and organisations in the context of fulfilling legal obligations and the requests of competent administrative authorities (identity, contact, participant transaction, donor transaction, legal transaction, transaction security and suggestion/request/complaint information) (Legal ground: fulfilment of our legal obligations).

5. To Whom and for What Purposes Personal Data May Be Transferred

Where legally permitted (and within the framework of the purposes set out in Article 4), the BIENNIAL may transfer your personal data, within Türkiye or abroad, and/or give access to it: to persons with whom it cooperates and/or from whom it receives services, or from whom it receives support in areas such as training, events, participant and volunteer/donor relations, law, accounting, software and research; to other third parties to whom transfer is necessary for the specified purposes (such as companies providing SMS and e-mail delivery, CRM (participant and volunteer relationship management), advertising, social media, public relations, cloud computing, backup and software support); and, for the purposes of resolving legal disputes and fulfilling obligations arising from legislation, to competent institutions and organisations and, upon request, to judicial authorities or the relevant law enforcement agencies.

It may also be transferred to persons or organisations permitted by the provisions of the Tax Procedure Law, Social Security Institution legislation, the Court of Accounts, the Law on the Prevention of Laundering of Proceeds of Crime, the Law on the Prevention of Money Laundering, the Turkish Commercial Code, the Code of Obligations and other legislation;

to public institutions and organisations, administrative authorities and legal authorities authorised by law;

and to institutions with which we have agreements for sending messages to our training participants and to courier companies that deliver orders to you, within the framework of the personal data processing conditions and purposes set out in Articles 8 and 9 of Law No. 6698.

6. Rights of the Data Subject under Article 11 of the KVKK

As a data subject, you may at any time exercise the rights set out below by submitting a request to the BIENNIAL, as Data Controller, under Article 11 of the KVKK.

Your rights in this respect are as follows:

  • To learn whether personal data is being processed;
  • To request information if personal data has been processed;
  • To learn the purpose of processing personal data and whether it is used in line with that purpose;
  • To know the third parties, in Türkiye or abroad, to whom personal data has been transferred;
  • To request the correction of personal data if it has been processed incompletely or incorrectly, and to request that the action taken in this respect be notified to third parties to whom the personal data has been transferred;
  • Where, despite having been processed in accordance with the KVKK and other relevant legislation, the reasons requiring its processing no longer exist, to request that the data be erased, destroyed or anonymised within 30 (thirty) days in accordance with the provisions of the Regulation on the Erasure, Destruction or Anonymisation of Personal Data, and that the action taken in this respect be notified to third parties to whom the personal data has been transferred;
  • To object to an outcome to the data subject’s detriment arising from the analysis of the processed data exclusively by automated systems;
  • To request compensation for damage suffered as a result of the unlawful processing of personal data. The requests above shall be submitted to the BIENNIAL and PALETDER, as data controller, in writing or by other methods to be determined by the Board.

Accordingly, you may submit your request concerning the rights above to our e-mail address given below, which may change from time to time, from your registered electronic mail (KEP) address, with a secure electronic signature or mobile signature, or by using the e-mail address you have previously notified to the BIENNIAL and which is registered in the BIENNIAL’s system (attaching documents establishing your identity); alternatively, you may hand-deliver a petition bearing your wet-ink signature, together with documents establishing your identity, to our postal address below, which may also change from time to time, or send it through a notary public.

An application you make to exercise your rights as a data subject set out above, containing explanations of the right you wish to exercise, must state the matter you request clearly and comprehensibly; the subject of your request must concern you personally or, if you are acting on behalf of someone else, you must be specifically authorised to do so and this authority must be documented; and the application must include your identity and address details.

The BIENNIAL will conclude the requests in the application free of charge (where no cost is involved) as soon as possible, depending on the nature of the request, and within thirty days at the latest. However, if the process involves an additional cost, the fee in the tariff to be set by the Personal Data Protection Board may be charged. If the responses to applications exceed 10 (ten) pages, a processing fee of 1.00 (one) TL will be charged for each page. If the response is requested on a recording medium such as a CD or flash drive, a fee will be charged according to the cost of the requested medium.

7. Copyright Transfer Agreement

“The Work Owner (Data Subject) consents, for the term of the agreement and with respect to the rights set out in articles ‘a, b, c, d’ of the “Copyright Transfer Agreement” annexed to the Information Notice, to the processing of the owner’s work (personal data) under KVKK Article 6/IV, ‘processing of personal data relating to the establishment or performance of a contract’.”

Data Controller: PALETDER Palet Culture, Art and Education Association, Istanbul Children and Youth Art Biennial

Postal address: Ağaoğlu My City C1-29, Çakmak, Ümraniye, Istanbul

Telephone: +90 505 925 81 04

E-mail address: [email protected]