Clarifying Text About Protection and Process of Personal Data
In processing personal data, we as “Bayındır Healthcare Group” [Bayek Tedavi Sağlık Hizmetleri ve İşletmeciliği A.Ş (Bayek Treatment Health Services and Management Inc.) , Penta Sağlık Hizmetleri A.Ş. (Penta Health Services Inc.), Bayek Ağız ve Diş Sağlığı Hizmetleri ve İşletmeciliği A.Ş. (Bayek Oral and Dental Health Services and Management Inc.)] with the title of Data Supervisor, your personal data will be processable according to Fundamental Law of Health Services numbered 3359, Executive Order about Organizations and Functions of Ministry of Health and Affiliates numbered 663, Private Hospitals Regulations, Law of Protection of Personal Data numbered 6698, Regulation about processing Personal Health Data and keeping its Privacy (“Regulation”), Ministry of Health regulations and other related legislation within the context of Protection of Personal Data Law (“KVKK”) no 6698 which is published on Turkish Official Gazette dated 7 April 2016 in purpose of to protect Fundamental Rights and Freedoms of individuals beginning from confidentiality of private life and to regulate obligations of real and corporate people who process personal data and procedure and principle they will conform.
I. Processed Personal Data
Your health data, being in the first place, your personal and private personal data contains: name, surname, T.R. Identification number and/or passport number and/or temporary T.R Identification number, place and/or date of birth, marital status, sex, health insurance, occupation, insurance card number, other identification information which could define you with registration number and/or patient identification number; address, phone number, e-mail address and other contact data, your personal data obtained when you contacted us via voice call, e-mail, letter and/or other means of contact which are recorded by customer services and/or patient services because of call center standards; bank account number, IBAN number, credit card information, financial data such as billing and bill information; with the intent of financing and planning health services, data related to private health insurance and payer institution, like Social Security Institution, information data, patient medical report, diagnosis data, biometric and genetic data, laboratory results, test results, examination data, doctor analysis and comments, appointment information, prescription information are included, and additionally, any kind of health information and data obtained during/as a result of medical diagnosis, operating treatment and care services; notifications like survey, appreciation, complaint letters, satisfaction results; vehicle number plate in case you use car park, your images obtained with common-area-recording cameras required by the legislation of our hospitals, health data you sent and/or typed via every website and online services which belongs to Bayındır Healthcare Group, IP address, cookies and other personal data, all kinds of personal data about other personal data (“Personal Data”) including background supplied in case you apply for a job and labor contact and could be processed related to purposes stated in Article II. by Bayındır Healthcare Group and deliberately and could be transferred to person, institution and organizations stated in Article III.
II. Purposes of Personal Data Process
Your Personal Data could be processed within the purposes below by Bayındır Healthcare Group:
To perform our legal obligations partaking in Health Services Fundamental Law numbered 3359, Organization and Functions of Delegated Legislation about Ministry of Health and Affiliates numbered 663, Regulation of Private Hospitals, Protection of Personal Data Law numbered 6698, Regulation about Processing Personal Health Data and keeping its Privacy and other related regulation.
To identificate and verificate in order to prevent your personal data from being possessed by others,
To protect the public health, preventive medicine, medical diagnosis, to carry out the treatment and nursing services, to plan and manage of the health services and finance,
To plan and manage of the inner functioning and daily operations of our Hospital, Medical Center and/or Dental Clinics,
To supply the medicine and/or medical equipment and/or device special for you,
To notify you about the appointment in case you make an appointment, to provide information and/or to remind you the appointment,
To carry out the risk management and quality development activities,
To fulfill the legal and regulatory requirements,
To share the obtained information with Ministry of Health and other public institutions and to respond them in accordance with the legislation,
To interrogate our ownership of right with the institution/institutions working under an agreement with Hospitals, Medical Centers and/or Dental Clinics or to reach a mutual financial agreement concerning the health services provided for you,
To share the information requested by the contractual institution/institutions, especially the private insurance companies and to identify within the scope of the health services finance,
To issue an invoice for the services that we provide,
To take all necessary technical and administrative measures within the scope of data security of our Hospital, Medical Center and Dental Clinic systems and applications,
To analyze your usage of health services and to store your health data in order to develop and improve the health services that we provide for you and to respond you questions or complaints about our services,
To obtain the required information in accordance with the requests and inspections of the regulatory and inspector institutions and official authorities,
To preserve the information about your health data to be stored in compliance with the relevant legislation,
To comply with internal politics and principles,
To measure and increase the patient satisfaction following that you take the health services,
To carry out the advertising and informing activities special for you and to enable you to benefit from them, to make contact with you for the purpose of informing you about our services,
and not limited to these, to carry out and develop the medical diagnosis, treatment and nursing services, to plan and manage the health services and finance, to increase and research the patient satisfaction and the reasons related to these.
Your Personal Data obtained and processed in accordance with the relevant legislation, may be preserved both in digital and physical media by being transferred to Bayındır Healthcare Group and/or the physical archives and/or information systems belonging to Bayındır Healthcare Group.
III. Personal Data Transfer
By providing all necessary technical and administrative measures to ensure the appropriate level of security in accordance with the Law on Protection of Personal Data and the relevant legislation; we may transfer your personal data to person/institution and/or organizations; private insurance companies, banks, funds, foundations; our direct/indirect and domestic/foreign shareholders, our subsidiaries and/or affiliates; our group companies; supervisors; consultants; business partners; domestic/foreign organizations and other real and/or juridical third parties which we receive services and/or provide services and collaborate for the purpose of carrying out our activities; allowed by Health Services Fundamental Law numbered 3359, Executive Order on Organization and Functions of Ministry of Health and Affiliated Organizations numbered 663, Regulation on Private Hospitals, Law on Personal Data Protection numbered 6698, Regulation on Processing The Personal Health Data and Providing The Privacy and other legislation provisions.
IV. Collection Method and Legal Reasons of Personal Data
For the purposes specified in Section II; Your Personal Data are collected via the mails (e-mails) that you’ve sent, call recordings of call centers, websites; printed, pressed or such channels during and/or before and/or after your visit to the health organizations affiliated to Bayındır Health Group; in verbal, written, visual or electronic media via telecommunication instruments such as telephone, sms, mms etc., with usage of online via Social Security Institution system, from the records shared in the event of benefiting from the private insurance company, in case you have been sent to our health organizations by referring and/or you’ve applied by yourself, from the records of other health institutions and organizations.
Clarification On Protection and Processing of These Personal Data in Accordance with LPPD (Law on Protection of Personal Data)
When the purpose that requires the processing of your Personal Data according to article 7/p.1. of LPPD disappears and/or the timeout/retention period that we made obligatory in order to process your data in accordance with the relevant legislation expires, your Personal Data will be deleted, removed or will be made anonymous.
V. Rights of Personal Data Owner
“As much as the processing of your Personal Data/Personal in capacity of Data Supervisor by Bayındır Healthcare Group, in accordance with 11. Article of LPPD (KVKK); by filling in the “Personal Data Request Form” below and delivering it by hand or by notary to the hospital address where you have received service, or sending an e-mail from your personal account signed with secure electronic sign or sending a “Word/PDF” format file again signed with secure electronic sign to the firstname.lastname@example.org, you have the right to:
Learn whether any of your Personal Data have been processed or not,
Request information about the processing activities of your Personal Data
Learn the processing purposes of your Personal Data
Learn the relevant person/institution and/or organizations if your Personal Data is transferred to the third person/institution and/or organization in or out of the country,
Request them to be corrected/updated if your Personal Data is processed incompletely or incorrectly,
Request the deletion or removal of your Personal Data if the reasons for the processing of your Personal Data disappears or Bayındır Healthcare Group does not have the legal basis or legitimate interest in order to process the aforementioned data,
Object to the results that may arise as a result of the processing of your Personal Data via automatic systems and,
Request the compensation of the loss if you sustain a loss due to the unlawful processing of your Personal Data.
According to the nature of the request, Bayındır Healthcare Group will finalize the request as soon as possible and within 30 days at the latest or in return for the fee determined by the Committee of Personal Data Protection. And so, the fee will be returned if the application is raised by the fault of Bayındır Healthcare Group.
VI. Conditions Under Which Personal Data May Be Processed Without Direct Consent:
According to 5. Article of LPPD and 7. Article of Regulation, your Personal Data may be processed without your direct consent:
In conditions clearly envisaged in laws,
If you are unable to disclose your consent as a data owner due to actional impossibility or if the processing of your personal data is obligatory in order to protect your or others’ lives or body integrity in conditions in which your consent is not legally recognized,
If it is necessary to process your Personal Data belonging to the parties of the agreement, provided that it is directly related to the draw up or pursuance of the agreement.
If it is compulsory to perform a legal obligation,
If your Personal Data is declared by you,
If the data processing is obligatory to establish, exercise or preserve a right,
If it is obligatory to process the data for Bayek Health Group’s self-interest, provided that the fundamental rights and freedoms that you have will not be harmed.
In order to preserve the public health, to operate the preventive medicine, treatment and nursing services, to plan and manage the health services and finance; Personal health data can be processed by persons or institutions who are under confidentiality obligation without consent of the relevant person.
TAKING A SECOND OPTION
By applying to the second opinion application by yourself; You acknowledge and agree that you have approved the probable risks that are not limited to the following issues and have accepted, acknowledged and committed the issues below. Accordingly;
The service provided within the scope of second opinion application; is not substitute for the health services provided by our group as it is limited to the information and documents submitted by you and while the “second opinion” you provided within the scope of the application does not contain a commitment, it cannot be interpreted as a medical diagnosis, treatment or consultation.
The opinions we issue within the scope of second opinion application are only advisory and are nonbinding. Medical service should be determined by consulting with your own physician.
As the beneficiary of the second opinion application, for the documents belonging to you or a relative of yours which you have sent via the application; You have committed that you have the full responsibility of the obligations about the personal data under preservation of T.R Constitution being in the first place, Turkish Commercial Law numbered 6102, Turkish Criminal Law numbered 5237, Turkish Civil Code numbered 4721, Protection of Personal Data Law numbered 6698 and primary and/or secondary legislation which are not specified in name but are in force.
If you use the second opinion application; it means that you have been informed in accordance with Protection of Personal Data Law numbered 6698 and Regulation On Processing the Personal Health Data and Providing the Privacy and you have admitted and acknowledged that you have the clarified consent.
As the beneficiary of the second opinion application, on condition that you have been sent the documents belonging to someone else, you have undertaken that you have the full responsibility for all right violations, especially the crime of violating the confidentiality of private law, within the scope of the legislation.
Our group is not responsible for the internet-related loss of documents that you have shared on internet, violation of confidentiality or sharing of them with 3rd parties.