1. PARTIES TO THE CONTRACT
TRAVEL AGENCY: Adada Villa Turizm Otelcilik ve Seyahat ve Tic. Ltd. Şti.
ADDRESS: Kadınlar Denizi Mah. 550 Sk. Adavillas Sitesi 1.Blok No: 18/B Kuşadası-Aydın
TELEPHONE: 0256 622 11 00
TAX OFFICE/NUMBER: Kuşadası Vergi Dairesi – 0071284617
MERSIS (Central Registration System No): 0007128461700001
(Hereinafter to be referred to as the TRAVEL AGENCY.)
(Hereinafter to be referred to as the GUEST.)
A Confidentiality Agreement has been signed with the following conditions between the parties whose names/titles have been specified above.
Having worked with prestigious firms which required high-level security and which have top-level know-how, the TRAVEL AGENCY displays maximum sensitivity on the matters of keeping the GUESTS’ and PROPERTY OWNERS’ private information confidential and preventing the unpermitted use thereof. And the relevant firm is expected to show the utmost sensitivity in the solution proposals and places presented to the guest for use, the information or documentation being held confidential by the guests and in preventing the unpermitted use thereof. In this context, it is to be agreed that the information and documentation specified below are not to be used and are not to be shared with third parties without the parties’ permission.
2. SUBJECT OF THE AGREEMENT
The subject of the agreement concerns the mediation in letting procedures by bringing together property owners and GUESTS via the portal (hovido.com) and the specification of the limitations and conditions of confidentiality by ensuring the non-disclosure, non-transfer and non-sharing with third party individual persons and/or companies without the other party’s consent of information and documentation which it is clearly specified contain confidentiality and all types of information and documentation to be characterised as personal data under the Act for the Protection of Personal Data whether or not this has been clearly stated by the parties.
3. DEFINITION OF CONFIDENTIAL INFORMATION
All types of information and documentation obtained via the portal during the preliminary work to be carried out by the TRAVEL AGENCY and during the course of the contract concerning the property that is to be let out and the tenancy;
The contract percentages agreed upon by way of the work systematics applied by the TRAVEL AGENCY and the contract provisions;
All types of personal data pertaining to the GUESTS within the context of the Act for the Protection of Personal Data and special information other than the information pertaining to the property that is shared publically on the portal and that each user can access with a password;
All communications and agreements between the property owners and the GUEST;
All types of personal details pertaining to the property owners and all types of information, documentation and photographs in breach of the purpose of the accommodation pertaining to the rented property;
All types of information and documentation other than the information and documentation belonging to the TRAVEL AGENCY that is open to the public and for which the TRAVEL AGENCY has given consent and the TRAVEL AGENCY’s economic situation, the TRAVEL AGENCY’s operation and commission rates and all types of information pertaining to the website data base and the operation thereof that can be accessed with special effort and without the consent of the person concerned; and
Trade secrets, all types of innovation and all written and verbal commercial, financial and technical information to be acquired during the course of work whether or not subject to other legal protection and spoken information are considered confidential.
4. THE PARTIES’ OBLIGATIONS
Regarding the subjects that have been made the subjects of this contract, the parties accept and undertake that the pertaining information, documentation, company trade name, title and other information and documentation concerning the companies are confidential and that for this reason, only the parties themselves and their employees are to know only as much as is required for the work and that this information and documentation will under no circumstances be disclosed without the consent of the guest to third party individual persons and/or third party companies and establishments for reasons that do not concern the work in hand. The parties being jointly and severally responsible for any actions on the part of their employees or those acting on their behalf that are in breach of the confidentiality stipulated in this contract, the parties agree and undertake that their employees and those acting on their behalf are to comply with the principles of confidentiality. In the event it is learned that the acquired documentation and information have been disclosed without consent in breach of the contract, the disclosing party will be responsible for his actions and conducts. Just as the parties undertake to take all necessary measures for the non-communication of this information and documentation to third parties, they may NOT AVOID responsibility by stating that in spite of having taken all precautions they did not prevent the spread of this information and documentation and/or that they were not at fault.
It is agreed and undertaken that all pecuniary and/or non-pecuniary damages that have arisen due to a situation in breach of the contract are to be compensated.
The obligation to comply with confidentiality that constitutes the subject of this contract commences at the time of the preliminary preparation work carried out between the TRAVEL AGENCY and the GUEST and is limited to the period following the expiry of the accommodation contract. Even when the duration of the contract expires, in accordance with the Act for the Protection of Personal Data, the GUEST is required not to share, transfer and process the information that has been acquired.
6. PERSONAL DATA SECURITY
For the purpose of the full and easy performance of this contract, the information and personal data pertaining to the GUEST, the PROPERTY OWNER and the TRAVEL AGENCY are processed in accordance with the conditions for data processing under Act No. 6698 for the Protection of Personal Data.
The parties are mutually obliged to comply with the policies for Personal Data Processing and Protection regarding the personal data transferred to them/to which they have been given access. The parties may not transfer any data of any sort that has been shared with them and that is defined as Personal Data and Personal Data of a Special Nature (to be referred to together as Personal Data) within the context of Act No. 6698 for the Protection of Personal Data and secondary legislation to any third party real person or company in any situations other than those situations in which mutual consent has been given and the conditions for transferring the data have been met, nor may they use the personal data in another agreement relationship for another purpose or in any activity commercial or otherwise. The parties are personally responsible for securing the confidentiality and security of this information. Both throughout the duration of the mutual contractual relationship and after the end of the duration of the contract, the parties may not use, process, distribute, transfer to third parties or establishments either within the country or abroad the Personal Data that they acquire by way of the established relationship, all documentation pertaining to this data, the rent contracts, details of identification, title deed details, tools and materials and all other components for any intention other than the purpose itself, for any other contractual relationship or any other business, nor may they process the said information in any other way. The TRAVEL AGENCY’s obligation to save the information in accordance with the Consumer Protection Act and the pertaining regulations and Clause 20 of the Distance Contracts Regulations No. 29188, and instances in which details of identification are shared with the General Directorate of Security in accordance with the Identity Notification Act No. 1774 are exemptions.
For the protection of the Personal Data mutually acquired, within the context of the Act for the Protection of Personal Data and the secondary legislation, the parties are obliged to take all precautions, to secure the confidentiality and security thereof, to prevent the use of this information by unauthorised persons and to take all measures for this purpose, and to fulfil all the administrative and technical precautions in the decision entitled “The Sufficient Precautions to be Taken by Data Controllers of Personal Data of a Special Nature” reached by the Board for the Protection of Personal Data concerning personal data of a special nature, and to prepare and put into practice the necessary saving and disposal policies and procedures including arrangements pertaining to the erasing of the mutually acquired personal data. Even in the situation of the expiry of this contract, this obligation regarding the Personal Data secured during the duration of the contract is to continue on an on-going basis.
In the event the processed Personal Data is acquired by others through illegal means, the parties are obliged to immediately notify the other party of this situation via secure means.
The parties agree that unless they notify any change of address via notary channels (within 7 days of the change of address) the addresses stipulated on this contract are considered valid in accordance with the provisions of the Notifications Act and that the addresses given above are to be used for all notifications and deliveries.
In the event it is proven by the parties that provisions of confidentiality mentioned in the Confidentiality Agreement have not been complied with, the right for the compensation of all material and non-material losses that may arise is used repeatedly.
In the event of dispute by way of this contract, the KUSADASI Courts and Enforcement Offices are authorised to act.
Act No. 6698 for the Protection of Personal Data
The Guest is obliged to comply with the Personal Data Processing and Protection Policy regarding personal data that is passed on to him/her or to which access is provided within the context of this contract. He/she accepts, declares and undertakes not to use the personal data shared by the guests for accommodation purposes in breach of the purpose of this act and not to request any personal data for any purpose other than accommodation. The guest may not under any circumstances transfer to a third person or establishment any type of data that is to be shared with him/her defined as Personal Data and Personal Data of a Special Nature (to be referred to jointly as Personal Data) within the context of Act No. 6698 for the Protection of Personal Data and secondary legislation, nor may the guest use any such data in connection with another contract for another purpose or in any commercial or non-commercial activity. The parties are personally responsible for the confidentiality and security of this data. Regarding the Personal Data the guest acquires by reason of the establishment of this relationship, all documentation pertaining to this data, the rent contract, personal identifying information and details of the title deed pertaining to the property owner, all information concerning the place of accommodation that has not been shared by the property owner but has been acquired without permission, all information for which permission to access has been given by the property owner but for which permission to share has not been given, all information concerning the property owner, all tools and equipment acquired from this portal or acquired for the reason of accommodation and all other facts may not be used by the guest in any other contract other than the specified purpose, processed or shared, passed on to third parties or establishments whether within the country or abroad, or processed in any other way throughout the period of time in which the contractual relationship with Hovido.com continues, throughout the period of accommodation and following the expiry of the duration of the contract. The guest is aware that the agent’s storing of information in accordance with the Act for the Protection of Personal Data and the relevant regulations, legal establishments such as VERBİS and ETBİS, and Clause 20 of the Distance Contract Regulations No. 29188 and the agent’s processing of this data on portals (VERBİS, ETBİS etc.) that are compulsory by law are exceptions.
The guest is obliged to take all measures within the framework of the Act for the Protection of Personal Data and secondary legislation for the protection of personal data he/she has mutually acquired, to ensure the confidentiality and safety of the data, to prevent the use of this information by unauthorised persons and to take all the necessary precautions therefore; and with regard to personal data of a special nature, to fulfil all the administrative and technical precautions for which he/she is responsible in accordance with the decision entitled “Sufficient Precautions to be Taken by Persons Responsible for the Protection of Personal Data of a Special Nature” reached by the Board for the Protection of Personal Data, and to prepare and implement the necessary policies and procedures for storing and disposal under the regulations for the disposal of personal data that has been mutually obtained. This obligation on the part of the guest is to continue indefinitely even in the event of the expiry of this contract with regard to the Personal Data he/she has acquired during the duration of the contract.
Clarification Text Pursuant To The Communiqué Regarding The Rules And Procedures To Be Complied With In Fulfilling The Clarification Obligation Concerning The Protection Of Personal Data In Accordance With Act No: 6698 For The Protection Of Personal Data
You are hereby informed that while mediating in rental procedures by linking property owners and you, our valued CLIENTS/GUESTS, through the portal (hovido.com), in the processing of your personal data in accordance with Act 6698 for the Protection of Personal Data, firstly OUR COMPANY takes into account your right to privacy and the principal of protecting your fundamental rights and freedoms, and stating that we are aware of the obligations of our company processing your personal data, at the stages of the processing, erasure, removal or anonymisation of your data, and the transfer of your data within the country and abroad, and on the subject of informing you of your rights, ADADA VİLLA TURİZM OTELCİLİK SEYAHAT VE TİCARET COMPANY LIMITED will act in accordance with the legislation in the capacity of data controller and will take the necessary precautions in accordance with the said act. We would like to inform you, our valued CLIENTS/GUESTS, regarding the said act.
ADADA VİLLA TURİZM OTELCİLİK SEYAHAT VE TİCARET LTD.ŞTİ
Tax Number: 0071284617
Kadınlar Denizi Mah. 550 Sk. Adavillas Sitesi 1. Blok No: 18/B Kuşadası/AYDIN
YOUR PERSONAL DATA:
This means all types of information concerning an individual person whose identity has been identified or can be identified.
PERSONAL DATA OF A SPECIAL NATURE:
This means a person’s race, ethnic origin, political opinion, philosophical belief, religion, religious denomination or other beliefs, dress and attire, membership to associations, foundations or trade-union membership, health, sex life, convictions and data concerning security measures; and biometric and genetic data.
Personal Data Processed During the Period of Accommodation:
The PROPERTY OWNERS who have agreements with our COMPANY may collect and process the following information regarding the CLIENTS/GUESTS who are to be accommodated and/or the users who are members of our portal (hovido.com).
- Information pertaining to the CLIENT’s/GUEST’s identity such as name, surname, date of birth and Turkish Identity number/passport number
- Address, e-mail address, telephone number and other contact details, and in the event of a member and with the person’s permission, the profile picture uploaded on to the system
- HES code, owing to it being made compulsory by the Ministry of Health
- Details of identification and HES codes (name, surname, date of birth, Turkish Identity number, passport number) of those other than the CLIENTS/GUESTS who are to stay with the CLIENTS/GUESTS during the period of accommodation.
In the event your personal data as specified above is not shared with our company/the place of accommodation, if this information is of critical importance THE CLIENT/GUEST IS INFORMED AGAIN ON THIS SUBJECT AND IN THE EVENT THE CLIENT/GUEST STATES THAT HE/SHE DOES NOT WISH TO PROVIDE THE INFORMATION, permission will not be given for the CLIENT/GUEST or the PERSON/PERSONS arriving together with the CLIENT/GUEST to be accommodated. In addition, your period of accommodation and the records of your entries and departures that you chose/have actually made will be shared with the relevant establishment (in accordance with Clause 2 of Act No. 1774); this matter is a legal requirement.
COLLECTION OF PERSONAL DATA AND LEGAL GROUNDS:
For the purpose that is to be explained below, pursuant to the Consumer Protection Act No. 6502, these Regulations prepared in accordance with Act No. 1618 concerning Travel Agencies and the Association of Travel Agents, Distance Contracts Regulations No. 29188 and other relevant regulations, the Identity Notification Act No. 1774 and the provisions of other laws, we hereby remind and inform you that within our internal relationship with you, our valued CLIENT/GUEST, and in connection with, limited and in proportion to this purpose in keeping with the legislation in force and constitutional rights, your personal data according to the Act for the Protection of Personal Data (on condition that it is directly related to the establishment or the implementation of a contract) is to be obtained, recorded, saved, kept, possibly changed and rearranged partially via automatic means protecting the correctness and most current form thereof as you made known to us or as was made known to us; also, all procedures carried out on the data such as the disclosure, transfer, receipt thereof, its being made obtainable, classified or its use being prevented, may in compliance with the law, under the conditions prescribed by the Act for the Protection of Personal Data, be passed on and transferred to third parties within the country and abroad, it may be classified, and processed in any other ways as specified in the Act for the Protection of Personal Data; it will be shared with establishments authorised to request this personal information (the Institution for the Protection of Personal Data, the Ministry of Finance, the Ministry of Customs and Commerce, the General Directorate of Security, the Ministry of Internal Affairs, the Ministry of Health, Consumer Arbitration Board or the relevant courts, Information Technologies and Communications Authority and when necessary by law, with other establishments). You are further informed that in the event the reasons that required the processing of your personal data are removed, the personal data will automatically or at the request of you, our valued CLIENT/GUEST, be deleted, disposed of or anonymised by our company as the party responsible for the data; and while reserving the provisions in other laws concerning the deletion, disposal or anonymisation of personal data, the procedures and principles for the deletion, disposal or anonymisation of personal data will be set out in the regulations.
THE PURPOSE OF THE COLLECTION OF PERSONAL DATA:
Regarding the personal data you give us for the reasons we have explained above (our company does not expect any disclosure from you on the matter of your personal data of a special nature, this being religion, political opinion, sexual preferences and information pertaining to your private life) in accordance with the contract that we will make with you, our valued CLIENT/GUEST, or in the preliminary application that is to be made, the aim is to process the data, develop our company and preserve the trust between the AGENT-CLIENT (GUEST)-PROPERTY OWNER and to fulfil the requirements of the Consumer Protection Act No. 6502, these Regulations prepared in accordance with Act No. 1618 concerning Travel Agencies and the Association of Travel Agents, Distance Contracts Regulations No. 29188 and other relevant regulations, the Property Owner’s responsibility under the Identity Notification Act No. 1774 and the provisions of other laws. In Clause 2 of Act No. 1774, it states that “Those responsible for the operation of hotels, motels, inns, guest houses, rooms for singles, daily rental properties, camps, camping sites, holiday villages and all types of similar private and official accommodation, private health establishments, rest homes, old peoples’ homes, and the social facilities of religious and charitable establishments are obliged to keep standard form day-to-day records and copies thereof of the identity, arrival and departure dates of all local and foreign paying and non-paying people to whom they provide a place to sleep day or night at any of these places and they are to have these records ready at all times for examination by the police authorities and on request for presentation to the State Statistics Institution.” And Clause 20 of the Distance Contracts Regulations states that, “Within the framework of the system they have created, those mediating in the establishment of a distance contract on behalf of a vendor or provider by using distance telecommunications or by having telecommunications used, are obliged for a period of three years to keep the records pertaining to the transactions carried out with the vendor or the provider by way of the matters specified in these Regulations and if requested, to give this information to the relevant associations, establishments and consumers”. It is important for us for you to be informed on this subject.
CONDITIONS FOR PROCESSING PERSONAL DATA:
Personal data cannot be processed without the clear consent of you, our valued CLIENTS/GUESTS. However, in the event of the presence of one of the following conditions it is possible for your personal data to be processed without need of your clear consent:
a) Where it is clearly prescribed by law;
b) In the event it is compulsory to protect the life or bodily integrity of the person himself/herself whose consent cannot be disclosed due to actual impossibility or those whose consent is not legally recognised or to protect the life or bodily integrity of another person;
c) On condition that it is directly concerned with the establishment or performance of a contract where it is necessary for the personal data of the parties to the contract to be processed;
d) Where it is compulsory for the data controller to fulfil their legal obligation;
e) Where it has been made public by the person concerned himself/herself;
f) Where it is compulsory for the data to be processed for the establishment, use or protection of a right;
g) On condition that the fundamental rights and freedoms of the person concerned are not harmed, where the processing of data is compulsory for the legitimate interests of the data controller.
TRANSFER OF PERSONAL DATA:
Our company may share your personal data that it has obtained via the portal with the relevant offices and establishments at the request of the relevant Ministry, public offices and establishments, Courts and Consumer Arbitration Committees (within the limits of their authority) and in particular at the request of the Police Directorate on condition that it is not in breach of the aims of the Act for the Protection of Personal Data and on condition that the requested information does not exceed the aims of the Act. In addition, based on the relationship between you and the property owner that is to be established on the matter of accommodation, your personal data (name-surname, Turkish ID Number and HES Code) are shared with the owner of the property in which you have chosen to stay/person authorised to let out the property/person authorised to provide the accommodation. Also, at the time of accommodation this information will be requested from you by the person/company providing the accommodation, and personal data of a general nature may be shared with the Personal Data Protection Institution, the Ministry of Finance, the Ministry of Customs and Trade, the General Directorate of Police, the Ministry of Internal Affairs, the Ministry of Health (HES Code details are disclosed), Consumer Arbitration Committees or the relevant Courts, Information Technology and Communications Institution, and if required by law, other public offices. In addition, as tax declarations are among the obligations that our COMPANY must fulfil, we hereby inform you that we are obliged to submit general declarations concerning you, our valued CLIENTS/GUESTS. However, race, ethnic origin, political opinion, philosophical belief, religion, religious denomination or other beliefs, dress and attire, membership to associations, foundations or trade-union membership, health, sex life, convictions and data concerning security measures; and biometric and genetic data are personal data of a special nature of you, our valued CLIENTS/GUESTS and personal data of a special nature will not be processed without our CLIENTS’/GUESTS’ clear consent. (The sharing of your HES Code details being compulsory, in the event this information is shared with us/the property owner/the place of accommodation, notification will be given to the relevant establishment.) Your personal data other than data pertaining to your health and sexual life can only be processed without consent in situations prescribed by law. Your personal data regarding your health and sexual life can only be processed without consent by people who are obliged to maintain confidentiality or by the authorised offices and establishments for the purposes of the protection of public health, preventative medicine, medical diagnosis, the provision of treatment and care services, health services and the planning and management of the finance therefore. In other situations, medical information concerning a CLIENT whose medical examination has been carried out is kept confidential from the point of view of protecting the CLIENT’s private life and reputation.
THE SHARING OF YOUR PERSONAL DATA WITH THIRD PARTIES ABROAD:
In the event you give your clear consent, your personal data may be shared with third parties abroad when necessary by way of company training carried out abroad and the business relationships that the company has formed abroad, to enable mass e-mailing for securing your accommodation program, for securing communication and for the work to be carried out faster and safer, and by way of at least one of the abovementioned reasons.
RIGHTS OF THE PERSON WHOSE PERSONAL DATA IS PROCESSED:
In accordance with the Act for the Protection of Personal Data;
Everyone has the right to apply to the data controller for the following;
a) To ask whether or not their data has been processed
b) If their personal data has been processed, to ask for pertaining information
c) To ask the purpose of the processing of the personal data and whether or not the personal data has been used for that purpose
d) To ask to know the third parties within the country and abroad to whom the personal data had been transferred
e) In the event the personal data has been processed insufficiently or incorrectly, to request that it be corrected
f) Within the conditions prescribed in Clause 7, to request that the personal data be deleted or destroyed
g) To request that the third parties to whom the personal data has been transferred are informed of the procedures carried out in accordance with items (d) and (e)
h) To object to an outcome to their detriment by way of the processed data being analysed via exclusive automatic systems
j) To request that their damages be indemnified in the event they sustain damage through the personal data having been processed in breach of the law.
We hereby inform you that we take all necessary technical and administrative measures to ensure the appropriate level of security for the purpose of preventing the illegal processing and accessing of personal data and we request that you provide our company with the necessary information regarding any change of circumstances in order to keep your personal data up to date. You, our valued CLIENTS/GUESTS, may contact us with your requests concerning the implementation of this Act and apply to our company in writing whenever you wish to obtain information regarding your processed personal data. According to the nature of the requests in the application, our company will answer the requests free of charge as soon as possible and within thirty days at the latest. However, we hereby inform you that in the event the process necessitates a separate fee, the fee as specified by the Personal Data Protection Agency will be obtained and in this situation you will be notified thereof.
Deed of Consent Concerning the Processing of our Clients "Guests" Personal Data
By signing below I hereby accept, declare and undertake that regarding the rights I possess within the context of the Act, I have been informed in detail regarding this deed of consent,
- That with regard to the Protection of Personal Data, my personal data may be processed and saved, TRANSFERRED AND SHARED WITH THIRD PARTIES WITHIN THE COUNTRY AND ABROAD as explained in the Clarification Text pursuant to the Communiqué regarding the Rules and Procedures to be Complied With in Fulfilling the Clarification Obligation concerning the Protection of Personal Data in accordance with Act No.6698 for the Protection of Personal Data,
- And that with regard to the data I have shared with your COMPANY concerning the person who is to stay with me as a guest, I have obtained their consent for the data to be processed (including the transfer thereof) as specified in the Clarification Text pursuant to the Communiqué regarding the Rules and Procedures to be Complied With in Fulfilling the Clarification Obligation concerning the Protection of Personal Data in accordance with Act No. 6698 for the Protection of Personal Data.