KVKK — Omega Genetik

As Omega-Pro Proje Araştırma Geliştirme ve Danışmanlık Ltd. Şti., in accordance with Personal Data Protection Law No. 6698, we carry out the responsibilities of collecting personal data, processing it for its intended use, transferring it, its storage period, and data privacy and protection activities within the scope of the relevant laws and legislation. For this purpose, we take security measures at the highest level and inform you about your rights; we attach great importance to the security of your personal data. We keep every kind of personal data shared by volunteers, with care for patient confidentiality and by taking all necessary technical and administrative measures to ensure an appropriate level of security for your personal data.

This Information Notice on the Protection of Personal Data explains how we collect, use, transfer and protect your personal data during the services provided, within our personal data protection and processing policy.

1. Identity of the Data Controller

In accordance with the Personal Data Protection Law No. 6698, which entered into force on 7 April 2016 (referred to as the KVKK Law in this Information Notice), your personal data may be processed by Omega-Pro Proje Araştırma Geliştirme ve Danışmanlık Ltd. Şti. (referred to as OMEGA in this Information Notice) as the data controller, to the extent explained below.

2. Purposes and Legal Grounds for Processing Your Personal Data

Articles 5 and 6 of the KVKK Law regulate the conditions for processing personal data and special categories of personal data. Special categories of personal data are limitedly specified in the Law and include data on persons' race, ethnic origin, political opinion, religion, sect or other beliefs, dress and appearance, membership in associations, foundations or trade unions, health, sexual life, criminal convictions and security measures, as well as biometric and genetic data. While Article 5 of the Law determines the processing conditions for personal data that are not special categories, the processing conditions for special categories of data are regulated in Article 6.

According to Article 5 of the KVKK Law, the conditions for processing personal data that are not special categories are:

The data subject's explicit consent.
Being expressly stipulated in the laws.
Being necessary to process the relevant data for the protection of the life or physical integrity of the person who is unable to express consent due to actual impossibility or whose consent is not legally valid, or of another person.
Being necessary to process personal data of the parties to a contract, provided that it is directly related to the establishment or performance of the contract.
Being necessary for data processing for the data controller to fulfill its legal obligation.
The personal data having been made public by the data subject.
Being necessary for data processing for the establishment, exercise or protection of a right.
Being necessary for data processing for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

According to Article 6 of the KVKK Law, the conditions for processing special categories of personal data are:

The data subject's explicit consent,
Being stipulated in the laws for special categories of personal data other than health and sexual life data (persons' race, ethnic origin, political opinion, religion, sect or other beliefs, dress and appearance, membership in associations, foundations or trade unions, data on criminal convictions and security measures, and biometric and genetic data).

Within the framework of these conditions, your personal data;

Fulfilling our legal obligations set forth in the relevant legislation,
Contacting you in research (telephone, SMS, e-mail),
Protecting public health, preventive medicine, medical diagnosis, treatment and care services, and the planning and management of the financing of health services,
Providing you with information about your appointment if you have made one,
Planning and managing OMEGA's internal operations,
Conducting analysis to improve our services,
Verifying your identity,
Verifying your relationship with contracted institutions,
Responding to requests from the Ministry of Health and other public institutions and organizations pursuant to the applicable legislation,
Responding to your questions or complaints regarding our services,
Analyzing your use of health research services to improve the services we offer,
Compliance with OMEGA's internal policies and principles,
Measuring and increasing patient satisfaction following your receipt of health services,
Contacting you for the purpose of informing you about our services,
For the purpose of obtaining medication or medical devices, being archived, processed and used within the specified purposes in electronic or physical environments, with the necessary security, confidentiality and legal measures taken,

Nevertheless, your personal data will in no way be used for commercial purposes outside of the activities listed above and the cases required by the relevant legislation.

3. Personal Data Collected by OMEGA

We collect various kinds of information within the framework of the health/research services we provide from volunteers. Said information is collected in all circumstances in accordance with the data processing principles and conditions set forth in Personal Data Protection Law No. 6698 ("KVKK"). The information we collect from you within the scope of the purposes of processing personal data may include the following:

Your name, the initials of your surname,
Your month and year of birth,
Your gender,
Your telephone number,
Your e-mail address,
Your volunteer number assigned to you specifically by Omega,
Your health data, including but not limited to your examination, X-ray and tomography data, and your prescription information,
Your voice recording if you contact us or if we call you,
Your health data and identity information shared when you use the online services on our websites (omega-cro.com.tr, iwrs.online),
Your other data shared when you reach us via e-mail, call center or other channels.

4. Persons and Organizations to Whom Your Personal Data May Be Transferred and Transfer Purposes

Fulfilling our legal obligations set forth in the Fundamental Law on Health Services No. 3359, the Decree Law No. 663 on the Organization and Duties of the Ministry of Health and Its Affiliated Organizations, the Regulation on Private Hospitals, the Regulation on Processing and Ensuring Privacy of Personal Health Data and other relevant legislation;
The parties whose transfer details you accepted in the informed volunteer consent form for the purpose of participating in research,
Ensuring that all kinds of necessary technical and administrative measures are taken to ensure an appropriate level of security pursuant to the KVKK and relevant health legislation, and carrying out the necessary work by the relevant units so that relevant persons can benefit from the products and services offered by our Institution,
For the purposes of carrying out the administrative and economic activities of our Institution, ensuring and auditing physical security in buildings belonging to our Institution, conducting legal, financial and administrative compliance processes, fulfilling financial, legal and administrative affairs; to institutions or organizations permitted by the provisions of the relevant legislation, in line with the purposes listed in Article 2 of this information notice; to all Ministries, judicial bodies; private insurance companies; our direct/indirect domestic/foreign shareholders, affiliates and/or subsidiaries; auditors; consultants; business partners; domestic/foreign organizations and other third parties from whom we receive services contractually and with whom we cooperate to carry out our activities; within the framework of the personal data processing conditions and purposes specified in Articles 8 and 9 of the KVKK Law,

5. Method and Legal Reason for Collecting Personal Data

Your personal data are collected for the purpose of providing our services in line with the purposes stated above and for our institution to fulfill its contractual and statutory responsibilities completely and accurately. Your collected personal data may be processed and transferred for the purposes specified in Articles 2 and 4 of this notice, within the scope of the personal data processing conditions and purposes specified in Articles 5 and 6 of the KVKK Law.

Within the legal reasons stated above, your personal data are collected through any verbal means (any statements etc.), written means (tests, job application form, contact forms, patient consent form etc.) or electronic environment, calls made to the call center, the identity document you declare, websites, social media areas, our institution's website, mobile applications and existing camera recording systems.

6. Your Rights Regarding Your Personal Data

Pursuant to Article 11 of the KVKK Law, by applying to the data controller, you have the right to;

Learn whether your personal data are being processed,
Request information if your personal data have been processed,
Learn the purpose of processing your personal data and whether they are used appropriately for that purpose,
Know the third parties to whom your personal data are transferred domestically or abroad,
Request the correction of your personal data if they have been processed incompletely or inaccurately, and request that the action taken in this context be notified to the third parties to whom your personal data have been transferred,
Request the deletion or destruction of your personal data in the event that the reasons requiring processing cease to exist, even though they have been processed in accordance with the KVKK Law and other relevant legal provisions, and request that the action taken in this context be notified to the third parties to whom your personal data have been transferred,
Object to the emergence of a result to your detriment through the analysis of the processed data exclusively through automated systems,
Request compensation for damages if you suffer damage due to the unlawful processing of your personal data.

Pursuant to paragraph 1 of Article 13 of the KVKK Law, you may submit your applications regarding the above-mentioned rights, with the necessary information to identify your identity and your explanations regarding the right you request to use from the rights specified in Article 11 of the KVKK Law;

In person, with documents identifying your identity, to the address Cyberpark Cyberplaza C Blok, Kat:1 No:146 Bilkent Ankara,
By notary or other methods specified in the KVKK Law,
You may send the relevant form with a secure electronic signature to the e-mail address [email protected].

Depending on the nature of your request, your applications will be concluded free of charge within thirty days at the latest; however, if an additional cost arises, our Institution reserves the right to request a fee from you according to the tariff to be determined by the Personal Data Protection Board.

7. Statement of Explicit Consent to the Processing, Use and Sharing of Personal Data

Dear Data Subject;

Pursuant to Personal Data Protection Law No. 6698 ("KVKK"), all kinds of information that serve to make a real person's identity determinate or determinable fall within the scope of personal data.

In this context, your personal data will be processed, stored and preserved by OMEGA in its capacity as Data Controller in the Information Notice, updated when necessary, disclosed/transferred to third parties within the cases specified in the Information Notice and within the limits of legislation and law, and processed in the manners specified in the KVKK Law. By applying to our institution pursuant to Article 11 of the KVKK Law, regarding your personal data, you have the right to:

a) Learn whether they are processed,
b) Request information if they have been processed,
c) Learn the purpose of processing and whether they are used appropriately for that purpose,
d) Know the third parties to whom they are transferred domestically or abroad,
e) Request correction if your data are processed incompletely or inaccurately,
f) Request deletion/destruction within the framework of Article 7 of the KVKK Law,
g) Request compensation for damages if you suffer damage due to unlawful processing.

Within the scope of Personal Data Protection Law No. 6698 ("Personal Data Law");

In accordance with the "Regulation on Processing and Ensuring Privacy of Personal Health Data"; as OMEGA, in our capacity as data controller, that we will record your personal information necessary for the benefit of the patient and public health and for scientific studies and keep it in our archives, and that we will process it,
Within the scope of the relevant legislation, as a contract research organization (CRO), that we are obligated to record the initials of your names, telephone, medical history and all other necessary information to identify you, the volunteers; and to arrange all records and documents to be included in the source document that will serve as the basis for processing in electronic or paper form,
We notify you that your personal data will be shared with the relevant authorities and persons if requested by authorized bodies, by persons assigned by authorized bodies, or within the scope of systems such as e-nabız and similar systems established, or within the scope of our notification and/or reporting obligations imposed on us.

I acknowledge, declare and undertake that I have read and reviewed the above information text and the OMEGA Information Notice, that I knowingly and understandingly accept all the matters specified, and that I freely give my explicit consent to the processing, use and transfer of my personal data within the scope defined in the KVKK Law.

This Consent Statement remains valid unless declared invalid in writing by me.

KVKK Information Notice