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ICBC TURKEY BANK A.Ş. DECLARATION FOR PROVIDING NFORMATION TO THE CUSTOMERS REGARDING PROCESSING OF PERSONAL DATA                                                                       

We, as ICBC Turkey Bank A.Ş. (the “Bank”), in the capacity of Data Controller, would like to inform you about the Personal Data Protection Law no.6698 (the “Law” or “PDP”), published in the Official Gazette dated 7 April 2016 and issue number 29677, for the purposes of protecting fundamental rights and freedoms of individuals, mainly secrecy of private life, and setting forth obligations of legal persons, in processing of personal data, in accordance with article 10 titled “Data Controller’s Obligation to Provide Information”, of the Law.           

1. Data Controller

According to the PDPL, your private personal data (hereinafter referred to as the “personal data”) shall be collected and processed by our Bank, ICBC Turkey Bank A.Ş., in the capacity of data controller, for the purposes and by the methods defined below.

For the purpose of preserving confidentiality of the personal information it shall obtain from the customers, relatives of the customers, guardians-curators-guardians of students, surety-reference person of customers, shareholders-representatives-authorised representatives of corporate-commercial customers, potential customers, parties to a lawsuit-file, beneficiaries, drawers, endorsers, obligors, visitors and other 3^rd persons; our Bank keeps the system infrastructure and internet presentations and documents, at most secure level, and takes necessary security measures.

 2. Collected Personal Data

Our Bank, for the purposes defined below and in compliance with the principles defined in the Law and in our Bank’s Policy on Protection and Confidentiality of Personal Data; processes following personal data generally, but without being limited to these. Data specified below, are provided for information purposes and may vary.

• Identity Data: Information identifying a data subject such as name, surname, date of birth, place of birth, identity number, passport number, tax identity number, nationality, gender, marital status, blood group, religion and photograph, included in identification documents such as identity card, identity certificate photocopy, passport and driving license,
• Communication Data: Communication information such as address, electronic mail, phone and fax number, and also, communication records within the scope of phone conversations (voice record) and electronic mail correspondences,
• Personal Family Data: Information regarding spouse/child(ren),
• Legal Transaction Data: Data processed within the scope of all kinds of legal (opinion, lawsuit, execution proceeding, judicial authority etc.) incidents,
• Customer Transaction Data: Information relating to cheque/promissory note transactions,
• Data on Security of Physical Location: Images/video records, visitors’ entry/exit records,
• Transaction Security Data: Internet banking/mobile banking password and motto information,
• Financial Data: Financial data relating to IBAN, account number, customer number, credit card number, collection, payment, settlement transactions,
• Data Regarding Finance - Assets: Monthly net income information, land registry records, immovable property information, vehicle information, financial performance information, credit and risk information,
• Data Regarding Labour Life: Profession, title, occupational status,
• Private Personal Data: Criminal records, blood group, religion, health data,

 3. Methods of Collecting the Personal Data

The Bank may obtain your personal data by fully or partially automated means or by methods which is part of a data recording system, however which is not automated, via all kinds of written, verbal and electronic media. Our Bank collects your personal data through;

• Face to face meetings made at our Head Office and our Branches and the forms taken at those meetings and by image recording devices (cameras) (face to face service channels),
• Call centre, e-mail, SMS and digital platforms (Call or electronic banking channels),
• ATM, our web site, internet banking and mobile banking (digital channels) and the communication and other demand forms contained therein,
• The Banks Association of Turkey (BAT) Risk Centre or companies established by at least five banks or financial institutions (Interbank Card Centre (BKM), Credit Bureau of Turkey (KKB) etc.) system integrations shared via public authorities and institutions (such as Identity Sharing System).

 4. Purposes and Legal Reasons of Collecting the Personal Data

Your personal data collected by the Bank, shall be processed, in compliance with the fundamental principles defined in the PDPL, within the scope of;

• using the image recording devices (cameras) due to physical security measures at the Head Office Building and at our Branches,
• information relating to ensuring information security and information provided to official authorities (BRSA - Banking Regulation and Supervision Agency),
• processes conducted within the scope of the information technologies,
• managing the Bank’s cash flow transactions, preparing volume/profitability reports,
• managing/conducting the processes relating to written and verbal demands/requests/complaints/suggestions made to the Bank within the scope of the Bank’s Customer Satisfaction applications,
• conducting the processes regarding credit/credit card and other product applications received via digital channels, preparing the reports in relation to these processes,
• conducting the debit card application / renewal / cancellation / information / information updating / password / lost-stolen card processes,
• transactions relating to card fee cancellation requests,
• transactions relating to issuing and posting credit card account statement,
• conducting the processes relating to objections against retail transactions made by credit cards and suspicious transactions,
• activities in relation to sending, in planned manner, SMS and e-mail within the scope of solicited marketing and compulsory / legal information providing activities,
• internet banking (individual/corporate) and mobile banking transactions,
• conducting the processes in relation to fraud transactions,
• conducting the transactions relating to letters received from and information requested by public institutions and official authorities (such as Consumer Arbitration Boards, BRSA (Banking Regulation and Supervision Agency), BAT (Banks Association of Turkey), etc.) making necessary declarations and reporting to said institutions,
• accounting transactions such as correspondent bank settlement transactions, corporate, invoice, insurance collection transactions, tax and court/lawsuit costs payments, private pension transfer-payment transactions; reporting processes relating to these transactions,
• conducting correspondent banking transactions and processes,
• conducting the transactions relating to capital markets instruments,
• conducting legal processes (such as lawsuit/court/execution proceeding/assignment),
• conducting the processes relating to agreements, which the Bank is party to,
• conducting the Bank’s Internal Control and Compliance processes (MASAK applications and reporting processes),
• physical archive management system,
• Registered Electronic Mail (REM) system,
• conducting the credit allocation processes and related reporting processes, credit intelligence and collateral transactions,
•  credit/credit card repayment/overdue payment monitoring transactions,
• managing the processes relating to corporate collections,
• conducting merchant (POS) processes,
• account opening / money transfer / safe deposit box / salary payment / investment fund transactions and composing the forms relating to these transactions,
• segmentation works carried out by way of designing campaign, identifying spending habits of current customers, analysis of the customers in follow-up process, determining the status in products, etc.; and the reporting processes in relation thereto,
• conducting insurance policy transactions,
• conducting, following and reporting the campaign activities,
• the Bank’s internal risk management applications and related reporting processes,
• conducting the Bank’s internal audit and external audit activities and reporting processes in relation thereto,
• in line with the requests received from the customers, transactions intended to transfer the customers to the Bank’s subsidiaries (ICBC Turkey Yatırım Menkul Değerler A.Ş. - ICBC Portföy Yönetimi A.Ş.).

Your personal data shall be shared based on following legal reasons, which are set forth in articles 5 and 6 of the Law;

• when explicitly set forth in the Laws,
• required for the Bank to fulfil its legal obligation,
• directly related with conclusion and implementation of an agreement, and processing is required accordingly,
• provided that your fundamental rights and freedoms are not prejudiced, processing is required for legitimate interest of the Bank,
• processing is required for establishing, exercising and preserving a right,
• there is explicit consent by you.

 5. Transfer of Processed Personal Data

Your personal data which shall be collected shall be transferred to our major shareholder and our affiliated partnerships and subsidiaries located in Turkey and abroad, our branches, correspondents banks abroad, official authorities/institutions and public authorities/institutions and private law persons (CBRT (Central Bank of the Republic of Turkey), BRSA (Banking Regulation and Supervision Agency), BAT (Banks Association of Turkey)-Risk Centre, KKB (Credit Bureau of Turkey), SSI (Social Security Institution), Consumer Arbitration Boards, Asset Management Companies, the Republic of Turkey Ministry of Treasury and Finance / Revenue Administration / Undersecretariat of Treasury, BKM (Interbank Card Centre), Takasbank (İstanbul Settlement and Custody Bank Joint Stock Company), MKK (Central Securities Depository), notaries etc.), real/legal persons from whom/which service and/or consulting is received, real/legal persons that perform audit service; within the framework of the terms and conditions and the purposes of processing personal data, defined in the Law, and being limited to the purposes specified above.

 6. Rights of Related Person, Personal Data of whom are Processed

In case you, as the data subjects, present your requests relating to your rights, by the methods defined below; depending on the nature of request, the Bank shall finalise the process relating to a request, as soon as possible and at the latest within thirty (30) days. For the answer to be given, no fee shall be charged up to ten pages. For each page above ten pages, a transaction fee of 1 Turkish Lira, shall be charged. In case answer to an application is given in a recording environment such as CD, flash memory, fee which may be charged by our Bank shall not exceed the cost of relevant recording environment.  

In this context, relating to your personal data, you shall have the right;

• to know whether your personal data is processed or not,
• if your personal data are processed, to request information in relation thereto,
• to know the purpose of processing personal data and whether it is used for intended purpose or not,
• to know the third persons to whom it is disclosed in Turkey and abroad,
• in case the personal data is processed incompletely or incorrectly, to request correction thereof, and to request that any transaction made in this context, be notified to third persons to personal data is disclosed,
• in case it is processed in compliance with the provisions of the Law no.6698 and other related law(s), upon expiration of the reasons that require processing thereof, to request deletion or destruction of personal data, and to request that any transaction made in this context, be notified to third persons to personal data is disclosed,
• to raise objection against any outcome which may occur to the disadvantage of related person due to analysis, by automatic systems exclusively, of processed data,
• in case any loss is sustained due to processing of personal data illegally, to request indemnification thereof.

You can send your request relating to exercising your rights set forth above, in Turkish and in writing or by using registered electronic mail (REM) address, secure electronic signature, mobile signature or electronic mail address declared to the Bank in advance and which is recorded in our system; in accordance with the 1^st paragraph of article 13 of the PDPL and the Communiqué on Procedures and Principles regarding Application to Data Controller, number 30356 and dated 10.03.2018. In application, information shall be given regarding the applicant person only and it shall not be possible to obtain any information regarding other family members and third persons. The Bank reserves the right to verify your identity, before giving an answer.

In your application;

a)  Your name, surname and if application is made in writing, your signature,

b) For the citizens of the Republic of Turkey, your Republic of Turkey identity number, if your are foreigner your identity, your passport number or identity number, if any,

c)  Your residence or workplace address which shall be taken as the basis for notices,

d) Your electronic mail address, phone and fax number, if any, which shall be taken as the basis for notices,

e)  Subject of your request,

must be included, and the information and documents relating to relevant matter, must be also attached to the application.

You may deliver, in person, your applications which you want to make in writing, or you may send them via notary public, by attaching necessary documents, to our branches or to the Head Office of our Bank at the address of “Maslak Mah. Dereboyu / 2 Cad. No:13 34398 Sarıyer / İstanbul”, in the capacity of data controller. You can find the application form on our web site or at our Branches.

You can make your applications which you want to make by e-mail, to the e-mail address of kvkk@icbc.com.tr. You can make your applications which you want to make via REM (registered electronic mail), to our REM address of icbcturkey@hs02.kep.tr.

Depending on the nature of your request, information and documents which shall enable identification, should be provided to us completely and correctly. In case of failure to provide requested information and documents, there may be problems in conducting, completely and in qualified manner, the inquiries that shall be made by the Bank upon your request. The Bank declares that, in such case, it reserves its legal rights. Therefore, your application should be sent, completely and containing necessary information and documents depending on the nature of your application.

7. Request for Updating the Information

Personal data processed at your Bank, should be correct and up-to-date. Therefore, in case any change occurs in your information in the nature of personal data, you can declare such change to our Bank, via the means described in article 6.