Explicit Consent Agreement
MEMBER & SUBSCRIBER INFORMATION TEXT
1. General Information
As GAİN MEDYA A.Ş. (Hereinafter referred to as “GAİN”), we show utmost sensitivity to ensure that all these transactions are carried out in accordance with the Personal Data Protection Law No. 6698 (“KVKK”) and all relevant legislation while processing, transferring and destroying your personal data in accordance with the requirements and obligations arising from the law and contract. For this reason, we would like to inform you that we process some of your personal data during your visit, membership and subscription transactions, both through the https://www.gain.tv/ address and the GAİN Application (“Application”) that you have installed on your smart devices. We have prepared this “Information Text” in order to provide information about which of your personal data will be processed by GAİN and for what purpose, to whom and for what purpose your processed personal data can be transferred, the method and legal reason for the collection of your personal data by GAİN, your rights arising from the KVKK and how these rights can be used. According to the legislation, during your MEMBERSHIP through GAİN’s https://www.gain.tv/ website and the Application, you are required to read this “Membership & Subscription Information Text” together with the “Membership Conditions”. After reading the Information Text, by “ticking”/approving the section that says “I have read and accept the GAİN Membership & Subscription Information Text.”, you declare, accept and undertake that you have understood and read this Information Text, accordingly, the information obligation that GAİN is required to fulfill by law has been completely fulfilled against you and therefore you will not make any claim or demand against you that GAİN has not fulfilled its information obligation. After you read this “Membership & Subscription Information Text” and approve the processing of your personal data within the scope of the information provided, no new information will be provided to you and no new consent document will be presented for your approval. Because GAİN does not process any personal data other than the personal data processed during the membership phase during the subscription phase, and the credit card information you share for the collection of your subscription fee is processed by GooglePlay if your subscription is created via a smart device with Android operating system, by AppStore if it is created via a smart device with IOS operating system, by our intermediary payment institution business partner if it is created via a computer or smart television, and credit card information is not accessed by GAİN Medya A.Ş. On the other hand, GAİN declares and undertakes to process your data that you have consented to be processed and/or processed without obtaining explicit consent, limited to the cases written in the law;
✓ In a manner that is in accordance with the law and the rules of honesty,
✓ With accurate and up-to-date data when necessary,
✓ For specific, clear and legitimate purposes,
✓ In a way that is related to the purpose for which they are processed, limited and measured, and
✓ In accordance with the rule of preservation for the period stipulated in the relevant legislation or required for the purpose for which they are processed.
2. Definitions
The definitions we have explained below consist of the concepts used in all kinds of work, transactions and applications that we have provided information about with this Information Text and the definitions of these concepts in the law.
Explicit consent: Consent based on information and expressed with free will regarding a specific subject,
Anonymization: Making personal data in a way that it cannot be associated with an identified or identifiable natural person, even when matched with other data,
President: President of the Personal Data Protection Authority,
Relevant person: Natural person whose personal data is processed,
Personal data: Any information related to an identified or identifiable natural person,
Processing of personal data: Any operation performed on data, such as obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data, fully or partially by automatic means or non-automatic means provided that it is part of any data recording system,
Board: Personal Data Protection Board,
Institution: Personal Data Protection Authority,
Data processor: Natural or legal person who processes personal data on behalf of the data controller based on the authority granted by the data controller,
Data recording system: Any institution where personal data is structured according to certain criteria and processed recording system,
Data controller: The natural or legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of the data recording system.
3. Information on the “Data Controller” and “Data Representative”
Your personal data is processed by GAİN as the “Data Controller” and your data is processed by the “Data Representative” appointed by GAİN and qualified as a Company employee
| Purpose of Data Processing | Processed Personal Data | Data Processing Conditions |
|---|---|---|
| Carrying out the purchasing processes of goods / services | Name-Surname | KVKK 5/2-c m. |
| Carrying out the purchasing processes of goods / services | KVKK 5/2-c m. |
6. Personal Data of Special Nature
6.1. Definition:
Data related to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other belief, appearance and dress, association, foundation or union membership, health, sexual life, criminal conviction and security measures of individuals, as well as biometric and genetic data are personal data of special nature.
6.2. Conditions for Processing of Personal Data of Special Nature are as follows:
It is prohibited to process personal data of special nature without the explicit consent of the person concerned. However, as stated in Article 5 of this Disclosure Text titled “Personal Data of Special Nature”, personal data of special nature may be processed with your explicit consent or in accordance with Article 6 of Law No. 6698;
✓ It is clearly provided for in the laws,
✓ It is necessary for the protection of the life or physical integrity of the person who is unable to give his/her consent due to a de facto impossibility or whose consent is not recognized as legally valid, or of another person,
✓ It is related to the personal data made public by the relevant person and is in accordance with the will to make it public,
✓ It is necessary for the establishment, exercise or protection of a right,
✓ It is necessary for the protection of public health, preventive medicine, medical diagnosis, treatment and care services by persons under the obligation of confidentiality or authorized institutions and organizations, and for the planning, management and financing of health services,
✓ It is necessary for the fulfillment of legal obligations in the fields of employment, occupational health and safety, social security, social services and social assistance,
✓ It is necessary for the foundations, associations and other non-profit organizations or formations established for political, philosophical, religious or union purposes, provided that it complies with the legislation and purposes to which they are subject, is limited to their fields of activity and is not disclosed to third parties; to its current or former members and affiliates or to persons who are in regular contact with these organizations and formations, in cases where it is directed to them, it may be processed without the explicit consent of the relevant person. Personal data regarding health and sexual life may only be processed by persons or authorized institutions and organizations under the obligation of confidentiality for the purposes of protecting public health, conducting preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and their financing, without the explicit consent of the relevant person. GAİN does not process your personal data of a special nature through the website and application through which you have accessed this Disclosure Text. In the event that there are justified reasons such as the establishment of an employment contract that requires GAİN to process special nature data, the special nature data will be processed, and in this case, the relevant person will be additionally informed in writing that his/her special nature data is being processed by GAİN and his/her explicit consent will be obtained.
7. Information on “To Whom and for What Purpose Can Your Processed Personal Data Be Transferred”
7.1. Transfer Within the Country
7.1.1. Transfer of Personal Data Domestically
Personal data cannot be transferred without the explicit consent of the relevant person. Your personal data collected by GAİN can only be shared with judicial authorities, law enforcement or authorized public institutions and organizations upon request. Apart from these cases, your personal data cannot be shared with a 3rd party or transferred to another institution or organization without your explicit consent.
In order for personal data to be transferred to 3rd parties without the explicit consent of the relevant person;
✓ It must be clearly provided for in the laws.
✓ It must be mandatory for the person who is unable to give his/her consent due to a de facto impossibility or whose consent is not legally valid to protect his/her own life or physical integrity or that of another person.
✓ It must be necessary for the processing of personal data belonging to the parties to the contract, provided that it is directly related to the establishment or execution of a contract.
✓ It must be mandatory for the data controller to fulfill his/her legal obligation.
✓ It must be made public by the relevant person.
✓ Data processing is mandatory for the establishment, exercise or protection of a right.
✓ Data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the relevant person. At least one of the conditions must be present.
7.1.2. Transfer of Special Personal Data Domestically
Special personal data cannot be transferred without the explicit consent of the relevant person. Provided that sufficient measures are taken to ensure that special personal data cannot be transferred to third parties without the consent of the relevant person, it can only be transferred domestically if the conditions set forth in Article 6.2 of this disclosure text are met. Special personal data is not processed by GAİN and is not transferred domestically.
7.2. Transfer of Personal Data and Special Personal Data Abroad
Personal data and special personal data cannot be transferred abroad without the explicit consent of the relevant person. Relevance