A. General Overview

The confidentiality of your information is crucial to us. Therefore, the KAIMAKK Privacy Policy aims to inform you about the data owned by you, how and for what purposes it may be processed by KAIMAKK, and with whom it may be shared. Our policy encompasses information about all our activities. Feel free to address specific questions you may have.

If you provide your personal data to KAIMAKK through KAIMAKK Communication Channels or other communication and sales channels, this data will be processed in accordance with the KAIMAKK Privacy and Personal Data Processing Policies. Specific information related to the processing will be shared with you before using these channels.

Any changes to the KAIMAKK Privacy Policy are announced and updated on the KAIMAKK website and KAIMAKK Mobile Applications. By using the KAIMAKK website or our mobile applications, it is assumed that you have read the latest version of the KAIMAKK Privacy Policy, including any changes in its terms, and are knowledgeable about the matters outlined here. Therefore, we recommend reviewing the KAIMAKK Privacy Policy each time you visit the KAIMAKK website or use our mobile applications and examining the update announcements. Additionally, when purchasing or using products or services offered by KAIMAKK through any sales channel, it is presumed that you are informed about the terms specified in the current KAIMAKK Privacy Policy as of the transaction date.

 

B. Data Controller

Mood Up Gıda Anonim Şirketi ("KAIMAKK"), operating at Istinye Yeniköy, Dr. Cevat Kerim İncedayı Sk. No:16, 34460 Sarıyer/Istanbul Turkey, acts as the data controller regarding the personal data processed in accordance with the KAIMAKK Privacy Policy and KAIMAKK information texts, in line with the Law on the Protection of Personal Data No. 6698 ("Law") and other applicable national and international regulations.

Within this scope, your personal data is recorded by KAIMAKK or on behalf of KAIMAKK as the data controller, processed in accordance with the specified terms, updated and stored as needed, shared with third parties within the country, and processed through other methods specified in relevant national and international regulations.

 

C. Method of Collecting Personal Data

KAIMAKK collects your personal data through:

a. KAIMAKK Website, KAIMAKK Mobile Applications, KAIMAKK Call Center, KAIMAKK Stores,

b. Authorized Franchise Stores for the sale of KAIMAKK products and services, dealers, and other authorized sales and marketing and promotional units,

c. KAIMAKK social media accounts and instant messaging applications used for guest services,

d. Through notifications made by public institutions and organizations and private legal entities, whether natural or legal persons,

in writing, verbally, or electronically, through automatic or non-automatic methods.

D. Processed Personal Data

KAIMAKK, with your explicit consent or based on other legal grounds stipulated in the relevant legislation, may process the following personal data without requiring explicit consent:

a. Identity and Passport Information: Your name, surname, date of birth, Turkish Republic identification number, passport number, and other identity information.

b. Contact Information: Your email address, phone number, residential address if you have provided it for communication, and all other contact information you have provided to KAIMAKK, including social media account contact details.

c. Product & Service Information: Your product order record, buyer and delivery information, contractual transactions related to the product (eg, changes, cancellations, returns), records of additional product/service purchases, channels used for transactions (eg, mobile app, website , call center, store), transaction dates and times, and any special requests related to the product and/or service notified to our Company on a preferential basis.

d. Loyalty Program Membership Information: Information related to your membership account and KAIMAKK Loyalty Program transactions if you have a KAIMAKK membership account.

to. Customer Transaction Information: Information provided to KAIMAKK in oral/written or electronic form regarding requests, complaints, and feedback related to our products and services.

f. Marketing Data: Your preferences or past experiences related to our products or services, surveys, cookie records, campaign information, social media user information.

g. Financial Data: All information related to billing and payment methods.

h. Shipping and Delivery Information: Data related to the delivery and shipping of products.

i. Visual and Auditory Data: Call center recordings, recordings made by cameras placed for the provision of life, property, and transaction security at KAIMAKK service points.

j. Legal Transaction and Compliance Data: Documents/information requested by judicial and administrative authorities, data related to legal processes initiated against or by KAIMAKK (eg, lawsuits and investigation files), and data related to administrative/judicial processes.

k. Sensitive Personal Data: KAIMAKK does not use personal information defined as sensitive in the Law on a regular and comprehensive basis in its activities. However, the use of your sensitive personal data may be necessary within the scope of processes related to the control of HES Code, test, and vaccine information for the protection of public health, as well as for health data you may share regarding the products and services you receive from KAIMAKK, special service requests for guests with limited mobility, food allergies, and preferences.

l. Location Data: Your device's real-time location information accessed through the KAIMAKK Mobile Application and/or device/browser settings, depending on your preference.

 

E. Legal Grounds and Purposes for Processing Your Personal Data

KAIMAKK may process your personal data without requiring your explicit consent if at least one of the following legal grounds exists:

1. Clearly prescribed by laws.

2. Necessary for the protection of the life or bodily integrity of the data subject or another person.

3. Mandatory for the execution or performance of a contract directly related to the parties of the contract, provided that it is directly related to the establishment or performance of the contract.

4. Mandatory for the data controller to fulfill its legal obligations.

5. The data subject has made the personal data public themselves.

6. Mandatory for the establishment, exercise, or protection of a right.

7. Mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

In this context, KAIMAKK can process your personal data based on at least one of the legal grounds mentioned above, either with your explicit consent or without requiring it. KAIMAKK may process your personal data for the following purposes:

a. Fulfillment of Product and Service Orders and Requests:

Your personal data, as specified in Section D, is used for the fulfillment of contractual obligations, support services, communication related to sales, necessary notifications, and record-keeping of contract transactions (eg, product changes, cancellations, returns), as well as for addressing special requests and emergency management.

If you are a member of the KAIMAKK Loyalty Program, your membership information and earnings associated with your account are also used for the management of your account and fulfillment of contracts with loyalty program partners.

b. Management of Complaints and Requests:

Your personal data is used for the management and resolution of complaints and requests received through various channels such as the KAIMAKK Website, KAIMAKK Mobile Applications, KAIMAKK Call Center, KAIMAKK social media accounts, and instant messaging applications.

Artificial intelligence-supported technologies may also be used for responding to your questions and requests.

c. Compliance with Requests from Official Authorities:

Your personal data may be used to fulfill legal obligations related to KAIMAKK's activities, responding to requests from national and international authorities such as the Ministry of Interior, Ministry of Health, Ministry of Agriculture and Forestry, authorized border authorities, courts, consumer arbitration boards, and other administrative and judicial institutions.

d. Execution of Marketing Activities and Ensuring Customer Satisfaction:

Your personal data may be used for developing marketing strategies, generating statistical information, segmentation for guest experience, creating user profiles, database listing, reporting, verification, analysis, and evaluations.

It may also be used for personalized communication, offering special shopping deals and services, researching and improving product offerings and service choices, and conducting promotional commercial communications about new products, special offers, and other information believed to be of interest.

It's important to note that commercial communications from KAIMAKK are sent only with your explicit consent and in compliance with applicable regulations.

to. Improvement of Search Results and Promotions Based on Customer Location:

Your personal data may be used for location-based improvement of search results and promotions, such as showing the nearest location, based on the permission you grant for sharing your location information through your device/browser/application.

f. Execution of Financial Operations:

Your personal data is used for financial reporting, control, verification, analysis, and evaluations related to payment and/or refund transactions, fulfilling tax and similar payment obligations, and taking measures against financial fraud and abuse cases.

g. Legal Compliance Check:

Your personal data may be used for identity verification in the prevention of money laundering, fraud, and other crimes, ensuring the safety of KAIMAKK employees, service providers, and guests, preventing financial abuse incidents, and auditing the legality of KAIMAKK's activities.

These processing activities are carried out primarily to fulfill the contract between you and KAIMAKK, comply with legal obligations, and establish, use, and protect mutual rights between KAIMAKK and its customers. In different situations, data usage may be based on other legal grounds mentioned above.

F. Third Parties with Whom We Share Your Personal Data

 

KAIMAKK may share your personal data domestically for the purposes listed here without requiring your explicit consent or if mandated by relevant legislation with:

(i) Our business partners with whom we jointly offer products and services or collaborate within the scope of the KAIMAKK Loyalty Program,

(ii) Our employees, group companies, service providers, authorized dealers, franchisees, sales, and marketing units involved in the presentation of our products and services and the sustainability of our operations,

(iii) Authorized domestic and international administrative organizations empowered to receive information from our company and other relevant individuals and organizations as required by legal obligations,

(iv) Authorized administrative authorities for ensuring public safety and fulfilling obligations arising from current legal regulations.

As the data controller, our company publicly discloses detailed information regarding the personal data categories used, usage purposes for each category, groups of individuals whose data is processed, data retention periods, recipient groups with whom data is shared, and security measures applied for each through the publicly accessible Data Controllers Registry (VERBİS). You can access VERBİS records at https://verbis.kvkk.gov.tr/.

G. Your Rights Regarding Personal Data and Application Method:

You have the right to:

(a) Learn whether your personal data is being processed,

(b) Request information if your personal data has been processed,

(c) Learn the purpose of processing your personal data and whether it is used for its intended purpose,

(d) Know the third parties to whom your personal data is transferred domestically and abroad, and learn about the technical and administrative measures for data transfer abroad,

(e) Request correction of your personal data if it is incomplete or incorrect,

(f) Request the deletion or anonymization of your personal data if the reasons requiring the processing of personal data have ceased to exist,

(g) Request notification of the operations performed as per items (e) and (f) to the third parties to whom your personal data has been transferred,

(h) Object to the occurrence of a result against you arising from the analysis of your personal data solely through automated systems.

You can send your requests in writing and signed to our Company headquarters at İstinye Yeniköy, Dr. Cevat Kerim İncedayı Sk. No:16, 34460 Sarıyer/İstanbul, addressed to the Data Protection Officer, or you can submit them to us through the "Contact Us" section on the KAIMAKK Website.

Commercial Electronic Communications:

Commercial electronic communications and related consents are regulated under the "Regulation on Commercial Communication and Commercial Electronic Messages." By accepting communication permissions provided during purchase and/or through other marketing and communication tools, you agree to receive commercial electronic communications from KAIMAKK and KAIMAKK business partners via your contact information. These communications may include promotional communications about products and services offered by KAIMAKK and KAIMAKK business partners, new products and services, special product and service offers, and other information believed to be of interest by KAIMAKK. Upon your request to stop the transmission of these messages through the options in the messages sent to you, KAIMAKK will cease sending them through some or all communication channels.

As a service provider in accordance with Article 13 of the relevant regulation, records of permissions you provided to KAIMAKK are stored for a period of three years from the date of the termination of the validity of the consent. You can manage your commercial electronic message permissions easily through the Message Management System (https://iys.org.tr/) opened by the Ministry of Commerce of the Republic of Turkey. You can give consent for commercial messages to reach you from KAIMAKK and use your right of refusal when you do not want to receive messages.

Corrections

If you believe that KAIMAKK has any incorrect or incomplete information about you, please notify us as soon as possible. KAIMAKK will correct any information found to be inaccurate.

If you, as a KAIMAKK member, want to access or modify your data on KAIMAKK, you can do so through the "My Personal Information" page in the KAIMAKK tab on the KAIMAKK Website or KAIMAKK Mobile Applications.

Security

KAIMAKK values ​​the protection of your information's privacy. The information you provide to us through the KAIMAKK Website and KAIMAKK Mobile Applications is protected by 128-Bit SSL (Secure Socket Layer), an encrypted communication channel, during transmission. Once this information reaches KAIMAKK, it is protected in accordance with our security and privacy standards. To benefit from SSL, your internet browser must support SSL, and SSL options in your browser must be enabled.

Each KAIMAKK member has a unique username and a password of their choosing. The "username" is specific to the member, and the same username is not given to two different members. The "password" is known only to the user. Users can change their password within the membership program rules. The selection and protection of the password are the responsibility of the user. KAIMAKK is not responsible for any problems arising from password use.

Your data is stored only for the time necessary for our business processes or legal obligations. Details of your credit card information are not stored on our servers.

Links

The KAIMAKK website contains various links to make it easier for you to visit other websites, enabling the display of some content prepared by third parties through these links. As KAIMAKK has no control over the linked websites, KAIMAKK will not be responsible. When you use any of these links, our site's privacy terms and conditions will not apply. Your responsibilities for access, content, use, and information provided on linked websites are entirely yours. Any sharing of personal data through linked websites is subject to the information provided by third parties operating the respective websites and acting as data controllers within the scope of applicable legislation.

Cookies and Digital Marketing Applications

Cookies are small data files placed on your computer through your browser by the internet server. When a connection is established between your browser and the server, the site recognizes you through cookies. The primary purpose of cookies is to provide convenience to the user visiting the website.

There are four types of cookies based on their purposes: Session Cookies, Performance Cookies, Functional Cookies, and Advertising and Third-Party Cookies. Session cookies are temporary cookies held in the user's browser until leaving the KAIMAKK website. Other cookies remain in the user's browser unless deleted by the user. The lifespan of cookies varies depending on the browser settings made by the user.

In addition to cookies, pixel and similar file applications are used for internet-based advertising, promotion, and marketing functions on websites.

KAIMAKK uses Session Cookies, Performance Cookies, Functional Cookies, and Advertising and Third-Party Cookies on its website.

a) Session Cookies: These cookies are necessary for the proper functioning of the KAIMAKK website. They enable the website to be visited and its features to be used. Session cookies are used to carry information between pages on the website and eliminate the need to re-enter information.

b) Performance Cookies: Through these cookies, information about the frequency of page visits, any relevant error messages, time spent on pages, and the user's behavior of using the website is collected. This information contributes to improving the website's performance.

c) Functional Cookies: These cookies ensure the user's preferences within the site are remembered, providing convenience to the user. Users are provided with enhanced internet features through these cookies.

d) Advertising and Third-Party Cookies: KAIMAKK uses cookies from third-party suppliers for the use of certain functions on its website. Cookies tracking advertisements are also present on the KAIMAKK website.

The KAIMAKK website contains both first-party cookies placed by the site you visited and third-party cookies placed by servers outside the site you visited.

Generally, internet browsers are preset to automatically accept cookies. Browsers can be set to block cookies or provide a warning when a cookie is sent to the device. As the management of cookies varies from browser to browser, detailed information can be obtained from the browser's help menu. Please note that some features of the site may not be available when cookies are disabled. Information on blocking third-party cookies can be found on the following websites:

a. Mozilla Firefox

b.Internet Explorer

c.Google Chrome

d. Opera

e. Safari

f.iOS

Additionally, when you visit the KAIMAKK Website, you can make cookie preferences through the information notification about our application and your preferences. You can control the privacy options of KAIMAKK Mobile Applications through the relevant application and the security settings of the device running the mobile application.