OUR GDPR DISCLOSURE TEXT

Our Disclosure Text on the Protection of Personal Data Held by Our Organization

This disclosure is made by Nova Art IVF Center in the capacity of data controller, in accordance with the Personal Data Protection Law No. 6698 (“GDPR”), the Fundamental Health Services Law No. 3359, the Decree Law No. 663 on the Organization and Duties of the Ministry of Health and Its Affiliated Institutions, the Private Hospitals Regulation, the regulations of the Ministry of Health, and other relevant legislation concerning the services we provide and the protection of personal data.

This disclosure text has been prepared to inform you about the collection, storage, and processing of personal data belonging to patients/clients or their relatives, which is obtained by us during the healthcare service provided to you by us or our staff.

In accordance with the aforementioned legislation, we will retain, record, update, archive, transfer, classify, and process your personal data and your special categories of personal data specific to the health services you receive, as explained in this disclosure text, in the ways stipulated by the GDPR and related legislation.

The personal data subject to this disclosure text are predominantly data obtained during the healthcare service provided by our clinic staff. Furthermore, this data collection may occur in person or through our call center, website, email, and digital messaging channels.

As per this text, it is possible for your personal data to be shared with third parties and institutions in cases mandated by legislation or where you have given explicit written consent. These third parties and institutions include; the relatives, employees, public/private law legal entity employers of the service recipient, other public or private legal entities, and third parties from whom we receive services or with whom we cooperate to maintain our business activities.

A- Cases Where Explicit Consent is Not Required for Data Processing Under GDPR Legislation

In accordance with the relevant legislation, if at least one of the cases listed below exists, it will be possible to process personal data even without the explicit consent of the data subject.

• When it is expressly provided for by laws.

• When it is necessary to protect the life or physical integrity of the data subject or another person, and the data subject is unable to give consent due to actual impossibility or whose consent is not deemed legally valid.

• When the data subject has made the data public.

• When data processing is necessary for the establishment, exercise, or protection of any right.

• When data processing is necessary for the legitimate interests pursued by our organization, provided that this processing does not violate the fundamental rights and freedoms of the data subject.

• When data processing is necessary for our organization to fulfill its legal obligations.

In addition, your personal data concerning health may be processed by our center without your explicit consent, in accordance with the relevant laws and regulations, for the purposes of protecting public health, preventive medicine, conducting medical diagnosis, treatment, and care services, and planning and managing the financing of the services you receive.

B- Personal Data Processable Based on Explicit Consent and Their Processing Purposes

• Identity Information: Name, Surname, TR Identity Number, Passport Number, Place of Birth, Date of Birth, Marital Status, Gender, Insurance or Patient Protocol Numbers and other identity data that can identify the person, as well as all kinds of records regarding the person and their vehicle taken for security reasons when visiting our clinic.

• Contact Information: Phone number, email addresses, and other contact data that can be used to reach the person; voice recording of calls kept in accordance with call center standards when the person calls our organization; and information obtained from email, phone, message, and similar communication tools used by persons to contact our organization.

• Financial Information: Bank account number, IBAN number, credit and debit card information, and accounting record information for billing; data related to private health insurance and Social Security Institution data necessary for the financing and planning of the received healthcare service.

• Health Information: Examination and appointment information, examination data, medical history data, family medical history data, all kinds of medical imaging, laboratory and test results, prescription information, pre- and post-medical procedure reports. All interviews and correspondence with your doctor or other healthcare staff during the pre-examination, examination, diagnosis, treatment, and follow-up process. All disclosure texts and consent forms presented to the person before procedures. Other health information and documents obtained from other health institutions that are necessary to be in the patient’s file for follow-up. Furthermore, personal data related to social, family, and sexual life obtained during or as a result of medical procedures are also within this scope.

Your personal information and data collected by our Center will primarily be used to provide you with more effective, high-quality, and secure healthcare services. In general terms, we will use the personal data we obtain from you for the following purposes: to contact and inform you if you make an appointment; to verify your identity; to facilitate your communication with your doctor; for preventive medicine and the protection of public health; for the planning and execution of medical diagnosis, treatment, care, and follow-up services and the planning and management of the financing of these services; and for the internal operations, planning, and management of our organization.

Additionally, we may use your personal data to improve in-house service quality, for employee training and orientation, to ensure the safety of our patients and employees, to measure patient satisfaction, and to fulfill legal requirements.

Furthermore, your personal data may be processed for the confirmation of your relationship with the institutions we have agreements with (such as insurance companies) due to our administrative and financial operations and relations, for sharing the information requested by the insurance company within the context of financing the service you received, and for billing processes resulting from the service you received.

In accordance with the relevant laws and secondary legislation, your personal data may also be used to share your information requested by the Ministry of Health, Ministry of Finance, and other relevant public institutions and organizations; to provide necessary information to other public or publicly authorized authorities; to retain your data and related information that is required to be stored for a certain period by legislation; and to respond to your questions and complaints regarding the services you received.

Additionally, provided that you give your explicit consent, your special categories of personal data may be used for education, research, and informing other patients and the public.

C- Transfer of Your Personal Data to Third Parties

Your personal data obtained by our Clinic/Center may be transferred to the following parties, in accordance with Articles 8 and 9 of the GDPR, to domestic and international third parties: Republic of Turkey Ministry of Health and its subsidiaries, Social Security Institution, Turkish Pharmacists’ Association, Turkish Statistical Institute, General Directorate of Population, Supervisory and Regulatory Authorities, Courts of the Republic of Turkey and authorized judicial authorities, General Directorate of Security and other law enforcement agencies, authorized representatives of patients/clients and their relatives, real and legal persons such as lawyers, accountants, auditors, and similar consultants from whom we receive advice on financial, legal, finance, and other needed matters; and our solution and business partners and other third parties with whom we cooperate to develop or conduct the services we provide within the purposes specified in this text.

On the other hand, your personal data generated and obtained during the healthcare service provided by us may be transferred to other healthcare institutions or individuals for consultation purposes. Furthermore, provided that you give your explicit consent, your special categories of personal data may be shared with prospective patients and their relatives under specified conditions, and this data may be transferred to national and international scientific organizations and used in scientific events such as congresses and symposia organized by them, within the scope of your explicit consent.

D- Method and Legal Basis for Obtaining and Processing Your Personal Data

Your personal data may be obtained and processed in written, verbal, visual, or electronic media by our center/clinic, as required by the nature of the service you receive. Furthermore, it is a legal obligation to regularly maintain the information and documents of patients during the provision of our healthcare service and to keep them available for presentation to the patient or legal authorities when necessary. On the other hand, regularly maintaining and preserving the financial records of those who receive services from our center/clinic is also a necessity for personal and corporate tax obligations. In addition, in case of disputes between the patient and our institution, data regarding patients and treatment processes may be requested by the patients and their relatives who receive services from us, their representatives, or competent courts.

Finally, for more comprehensive information regarding the legal reasons and bases for the obtaining and processing of your personal data when receiving services from healthcare institutions; you may refer to the Personal Data Protection Law No. 6698, the Health Services Fundamental Law No. 3359, the Decree Law No. 663 on the Organization and Duties of the Ministry of Health and Its Affiliated Institutions, and the Private Health Institutions Regulations enacted based on these.

E- Retention and Disposal of Your Personal Data

In accordance with the relevant legislation and the principles of purpose limitation, your personal data is processed by our Center for a limited, necessary period, and upon the expiry of the relevant periods, it is destroyed or anonymized. These periods may vary depending on the person, situation, and data.

In our Center, some of your personal data (such as patient, illness, medical procedure, and process information) are retained in written files, some, such as contact information of patients and their relatives, are stored in the memories of our center’s phones, on computers where patient transactions are performed, on USB flash drives, or on cloud-based data storage systems where this data is stored. Personal data obtained through social media are also stored on the relevant social media accounts and records.

In our Center, your physical personal data are kept in locked filing cabinets, and your electronic personal data are stored in encrypted form in the electronic media listed above.

In principle, your health data will be in our possession “indefinitely” (provided that unforeseen circumstances such as theft, accident, or disaster do not occur) in order to provide you with better service, monitor the quality of the treatment and services we provide, and present them when requested by relevant and authorized authorities.

F- Rights of Data Subjects as Relevant Persons

As the owner of the personal data collected, processed, and transferred by our Center, our valued clients and their relatives, if you wish to exercise your rights under the GDPR regulations within the framework of the procedures and principles set forth in this disclosure text, GDPR legislation, and other relevant legislation, or if you apply directly to our Clinic/Center, your application requests will be finalized free of charge within thirty (30) days at the latest, depending on the nature of the request. However, if the request of the relevant person incurs an additional cost, it may be possible to request the fees in the tariff determined by the Personal Data Protection Board from the relevant person.

In this context, pursuant to Article 11 of the GDPR Law No. 6698, personal data subjects have the following rights as relevant persons:

• a) To learn whether their personal data is being processed,

• b) To request information if their personal data has been processed,

• c) To learn the purpose of the processing of their personal data and whether they are used in accordance with its purpose,

• d) To know the third parties to whom their personal data is transferred, domestically or abroad,

• e) To request the rectification of their personal data if it is incomplete or inaccurate,

• f) To request the deletion or destruction of their personal data within the framework of the conditions set forth in Article 7,

• g) To request that the transactions carried out pursuant to sub-paragraphs (d) and (e) be notified to the third parties to whom their personal data has been transferred,

• h) To object to the occurrence of a result against the person themself by analyzing the processed data exclusively through automated systems,

• i) To request compensation for the damage in case of loss due to the unlawful processing of their personal data.

Requests regarding the exercise of the rights mentioned above can be conveyed to us through the methods indicated within the scope of Law No. 6698 GDPR. On the other hand, it should not be forgotten that there may be changes related to the issues in this disclosure text due to legal and technological developments.

Consequently, if you have any rights and/or requests you wish to use within the scope of the aforementioned legislative provisions and related explanations, you can submit your application by sending an email with your electronic signature to our center’s email address iletisim@novaarttupbebek.com, or by sending a wet-signed petition via cargo or post to our postal address at Çukurambar Mahallesi, 1425. Cad. No:26, 06510 Çankaya/Ankara.

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