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Personal Data Protection Law

We would like to inform you that SPI ENERGY SOLUTIONS as well as all business units and group companies of its organization shall adhere to the fundamental principles regarding the protection of personal data such as processing personal data in accordance with the law and rules of honesty; keeping personal data accurate and up-to-date when necessary; processing personal data for specific, clear and legitimate purposes; processing personal data in connection with the purposes for which they are intended to be processed, in a limited and measured manner; keeping personal data for the periods of time stipulated in the relevant legislation or required for the purposes for which they are processed; providing necessary disclosures and information to personal data subjects; setting up a system that is necessary for personal data subjects to exercise their respective rights; taking necessary measures for the protection of personal data; acting in accordance with the relevant legislation and applicable regulations of the Personal Data Protection Board while transferring personal data to any third parties in line with the requirements of the purposes of processing the same; and showing the necessary sensitivity to the processing and protection of sensitive personal data.

1. What is the Data Controller? What is the Data Representative?

SPI ENERGY SOLUTIONS bears the title of data controller as set out in the relevant provisions of the Personal Data Protection Law numbered 6698. In other words, SPI ENERGY SOLUTIONS is “the legal person who determines the purposes and means of processing personal data and is responsible for the establishment and management of a data recording system" in accordance with the regulation adopted under the said law.

We may process, save, store, classify, or update all kinds of personal data (e.g. name and surname, address, telephone, email address, IP address, bank account details, billing details, and other similar details) that will be obtained from you and that will be used to identify you in accordance with applicable provisions of the Law on the Protection of Personal Data numbered 6698 ("Personal Data Protection Law numbered 6698") and Article 10 thereof as well as the relevant legislation, adhering to the "Rules of Goodwill and Honesty", which are specified in Article 2 of the Civil Code and which must be followed as customary, for the purposes of reaching you via audio, written and visual communication instruments such as e-mail, sms and telephone to introduce to you our products and services that are offered at present or planned to be offered in the future within the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS and its commercial organization; individualizing and formatting the products and services in line with your demands, preferences, usage and choices; conducting market feasibility studies; organizing and finalizing the activities foreseen by our company during the marketing and sales phases; planning and implementing actions to ensure and increase continuity in terms of trust and loyalty to both services and products; monitoring requests, suggestions and criticisms received from buyers and responding to and finalizing the same by our authorized units within the organization chart; and for purposes of classifying procurement requests placed for products and services to be offered to existing customers and potential customers of the head office and regional directorates, factories or our group companies of SPI ENERGY SOLUTIONS  ; delivering to the relevant unit, meeting, activating, monitoring, and concluding the same; and satisfying the requirements of quality standards, and we may transmit such personal data to any third parties or to the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS  and its commercial organization or their relevant employees and departments, or our real or legal person solution partners provided that the conditions set out in Articles 8 and 9 of the law are satisfied and up to the extent permitted by law or in a way limited to the purposes for which they are processed.

While performing the activities and actions listed above, the compliance with the basic principles stipulated in the Personal Data Protection Law numbered 6698, especially including Article 10 thereof, and the relevant legislation shall be under the assurance of SPI ENERGY SOLUTIONS  .

2. For what purpose can your Personal Data be processed?

The primary aim of SPI ENERGY SOLUTIONS  is to serve you better and to ensure that your data is processed in accordance with all provisions of the Personal Data Protection Law numbered 6698, especially including Article 10 thereof, and the relevant legislation. In accordance with the fundamental principles set out in the Personal Data Protection Law numbered 6698, especially including Article 10 thereof, and the relevant legislation, we shall process your personal data for the purposes of reaching you via audio, written and visual communication instruments such as e-mail, sms and telephone to introduce to you our products and services that are offered at present or planned to be offered in the future within the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS  and its commercial organization; introducing and detailing our services and products; individualizing and formatting the products and services in line with your demands, preferences, usage and choices; performing certain feasibility studies regarding the market; organizing and finalizing the activities foreseen by our company in the marketing and sales stages; planning and implementing actions to ensure and increase continuity in terms of trust and loyalty to both services and products; monitoring requests, suggestions and criticisms received from buyers and responding to and finalizing the same by our authorized units within the organization chart; directing, activating, determining, finalizing, and auditing the requests submitted to SPI ENERGY SOLUTIONS  for the products and services to be offered to the customers via the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS  and its commercial organization or via the vendors of SPI ENERGY SOLUTIONS  ; and such personal data are processed and stored securely in accordance with the principles of protection and security of personal data in physical or electronic media within a period suitable for the purpose of processing. SPI ENERGY SOLUTIONS  complies with the obligations stipulated in Personal Data Protection Law numbered 6698 as well as all the regulations that are directly and indirectly associated with such law.

3. Under Which Conditions Is Your Personal Data Transferred?

Your personal data processed via the head office, factories of SPI ENERGY SOLUTIONS  and its commercial organization in accordance with the procedures specified in the Law numbered 6698 and in line with the basic regulations set out in the legal legislation as adopted by the Personal Data Protection Authority may be transferred within the country in accordance with the rules specified in Article 8 of the Personal Data Protection Law numbered 6698 or to abroad in accordance with the terms and purposes of processing personal data and the rules for transfer of personal data abroad set out in Article 9 of the Personal Data Protection Law numbered 6698.

We may transmit your personal data to our solution partners, our group companies, our customers we serve, vendors of SPI ENERGY SOLUTIONS  , permanent or interim employees of SPI ENERGY SOLUTIONS  , direct or indirect departments and divisions of SPI ENERGY SOLUTIONS  , public bodies and entities and security units as required by the circumstances and when public security is required, and natural persons from whom service is received in cases where our activities require, legal entities and audit firms as required by legal requirements, banks, insurance, logistics, advertising and promotion companies, software companies (jointly responsible as the relevant user), and lawyers giving legal support in the country or at abroad for the purposes of reaching you via audio, written and visual communication instruments such as e-mail, sms and telephone to introduce to you our products and services that are offered at present or planned to be offered in the future within the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS  and its commercial organization; introducing and detailing our services and products; individualizing and formatting the products and services in line with your demands, preferences, usage and choices; performing certain feasibility studies regarding the market; organizing and finalizing the activities foreseen by our company in the marketing and sales stages; planning and implementing actions to ensure and increase continuity in terms of trust and loyalty to both services and products; monitoring requests, suggestions and criticisms received from buyers and responding to and finalizing the same by our authorized units within the organization chart; directing, activating, determining, finalizing, and auditing the requests submitted to SPI ENERGY SOLUTIONS  for the products and services to be offered to the customers via the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS  and its commercial organization or via the vendors of SPI ENERGY SOLUTIONS  . The said personal data may be stored in our databases, recipient groups and persons who can be considered as the relevant users, or in any databases or platforms that will replace the same, within the limits permitted by Personal Data Protection Law.

4. Transfer of Personal Data Abroad

Your personal data processed through the head office, and factories of SPI ENERGY SOLUTIONS  and its commercial organization may be transferred to persons and entities seated in foreign countries with sufficient protection as determined by the Personal Data Protection Board, or to any persons entities seated in foreign countries without sufficient protection only if a written commitment is submitted for the presence of adequate protection by the data controllers seated in Turkey or in relevant foreign country and the Board’s consent is available for such transfer, by obtaining prior explicit consent in full accordance with the principles of compliance with law and rules of honesty; being accurate and up-to-date when necessary; processing for specific, clear and legitimate purposes; being connected, limited and proportionate for the purposes for which they are processed; and preservation for the applicable period of time as specified in Article 4 (2) of the Personal Data Protection Law numbered 6698, or without obtaining explicit consent in the presence of the conditions specified in Article 5 (2) of the Personal Data Protection Law numbered 6698 pursuant to the requirements listed in Article 6 (3) of the Personal Data Protection Law numbered 6698, and subject to the presence of the assurances listed in Article 9 of the same law.

5. Acquisition, Management and Legal Reason of Your Personal Data

We shall process your personal data for the purposes of reaching you via audio, written and visual communication instruments such as e-mail, sms and telephone to introduce to you our products and services that are offered at present or planned to be offered in the future within the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS  and its commercial organization; introducing and detailing our services and products; individualizing and formatting the products and services in line with your demands, preferences, usage and choices; performing certain feasibility studies regarding the market; organizing and finalizing the activities foreseen by our company in the marketing and sales stages; planning and implementing actions to ensure and increase continuity in terms of trust and loyalty to both services and products; monitoring requests, suggestions and criticisms received from buyers and responding to and finalizing the same by our authorized units within the organization chart; ensuring communications with SPI ENERGY SOLUTIONS  and its group companies by means of audio, written and visual communication instruments such as e-mail, sms and telephone when necessary for directing, activating, determining, finalizing, and auditing the requests submitted to SPI ENERGY SOLUTIONS  with respect to the products and services to be offered to the customers via the head office, regional directorates, and factories of SPI ENERGY SOLUTIONS  and its commercial organization or via the vendors of SPI ENERGY SOLUTIONS  .

Your personal data collected for this purpose may be processed and transferred based on your express consent or in the presence of any of the conditions listed in Articles 5 (2) and 6 (3) of the Personal Data Protection Law subject to the compliance with the principles stipulated in Article 4 (2) of the Personal Data Protection Law numbered 6698 and also subject to the preservation of your rights listed in Article 6 above.

6. Your rights as a relevant person under Article 11 of the Personal Data Protection Law numbered 6.6698; and how to use such rights

We would like to inform you that we are obliged to keep the personal data of all customers of SPI ENERGY SOLUTIONS  in accordance with the Personal Data Protection Law numbered 6698 and the relevant legislation for a certain period of time after the end of the commercial relationship. Any individual who makes deals with our company as the representative of a real or legal person (e.g. a representative, lawyer, company manager, real person agency, personnel, etc. performing deals pursuant to a corporate power of attorney) may file a written application to the Company at the address “Atatürk Mah. Ertuğrul Gazi Sok. Metropol İstanbul Sitesi C1 Blok 2B kat:14 Daire:245 34758 Ataşehir / İSTANBUL” via mail or in person together with with his/her identity documents in order to use the rights available under Article 11 of the Personal Data Protection Law know whether his/her personal data is processed; to request information if his/her personal data has been processed; to know the purpose of processing his/her personal data and whether such data have been used appropriately for their purpose; know the third parties to whom his/her personal data have been transferred domestically or abroad; to request rectification in case his/her personal data have been processed incompletely or inaccurately. Your request will be evaluated by SPI ENERGY SOLUTIONS  and concluded within 30 (thirty) days at the latest as stipulated in Personal Data Protection Law No. 6698. No fee will be charged for such requests, however, SPI ENERGY SOLUTIONS  reserves the right to charge a fee based on the fee schedule fixed by the Personal Data Protection Board in cases required by Article 13/2 of the Personal Data Protection Law.

Without prejudice to the conditions stipulated in Article 28 titled "Exceptions" of the Personal Data Protection Law numbered 6698, we would like to state that under Article 11 of the Personal Data Protection Law numbered 6698 you are entitled to ask for the deletion or destruction of your personal data within the framework of the conditions stipulated in Article 7 of the Personal Data Protection Law numbered 6698, to ask fort he notification of the activities performed in accordance with paragraphs (d) and (e) above to any third parties to whom your personal data has been transferred, to object to the occurrence of any results against you through analysis of the processed data exclusively through automated systems; and demand the compensation of your damages and losses suffered due to the unlawful processing of personal data, an that such rights are protected in accordance with the provisions of the Personal Data Protection Law numbered 6698.

7. Audio-visual Observation Activities at SPI ENERGY SOLUTIONS  and its Affiliates

SPI ENERGY SOLUTIONS  may perform monitoring activities at the factories and sales areas owned by SPI ENERGY SOLUTIONS  or its affiliates, or in the course of transportation activities performed via land, air, and marine vehicles partially or full in the name of SPI ENERGY SOLUTIONS  , by means of audio-visual monitoring instruments for the purpose of ensuring overall security in accordance with applicable legislation and in accordance with the personal data processing conditions specified in the law numbered 6698. Data subjects are submitted disclosures regarding audio-visual monitoring activities performed out by SPI ENERGY SOLUTIONS in accordance with Article 10 of the Law numbered 6698. These records are not shared with any entity or organization other than the relevant group of users and recipients of affiliates and public bodies and entities of the Republic of Turkey if and when requested according to official procedures.

8. Deletion and Destruction of Your Personal Data

The deletion or destruction of your personal data processed in accordance with the Law on the Protection of Personal Data numbered 6698 and other relevant legislation, upon disappearance of the reasons for the processing thereof, is the process of deleting personal data or making them inaccessible and non-reusable any way for the relevant users.

The destruction of personal data is the process of making personal data inaccessible, unrecoverable and reusable in any way. As the data supervisor, our Company is obliged to take all necessary technical and administrative measures regarding the destruction of personal data.

Upon your request, the head office, regional offices, factories and group companies of SPI ENERGY SOLUTIONS  or of the commercial organization of SPI ENERGY SOLUTIONS  will fulfill the legal obligations regarding the deletion and destruction of your existing personal data.