Last amendment: 11 September 2024
Clarification Text Regarding The Protection of Employee Candidates’ Personal Data in Accordance with Turkish Personal Data Protection Law Numbered 6698 (“Data Protection Law”)
As 5CA Turkey Danışmanlık ve Ticaret Limited Şirketi (“Company”) established in Türkiye, we hereby inform you as data controller that your personal data will be recorded, stored, maintained, organized, disclosed with institutions which are legally authorized to request these personal data, and may be transferred to third parties within and outside the country under the conditions set forth in Data Protection Law, assigned, classified and processed in other formats listed in Data Protection Law:
- In accordance with law and good faith,
- By maintaining the accuracy and (when necessary) the most recent form of the personal data you disclose,
- For clear, open, and legal purposes,
- In a way that is relevant, limited and restricted to the purpose of benefiting from our services as a candidate.
Your processed personal data
Your personal data, which may be subject to our processing in the event you disclose to us or if necessary, are as below:
| Identity Data | Your name, surname, date of birth/age, nationality, citizenship status, usernames. |
| Contact Data | Your e-mail address, street address, district/province, country, city of residence, and/or mobile phone, LinkedIn profile link, person to report to. |
| Sensitive Personal Data | Information related to your association, foundation, union, political party memberships in the event you include these in your CV, information that is or may be related to your religious or philosophical beliefs, ethnical origin or race, information on your health, skill test results. |
| Education Data | Education status, certificate and diploma information, specialties, foreign language skills, training and skills, seminars and courses taken, computer skills, job assessments, job application form, interviews and examinations, ability test results. |
| Work Experience Data | Overall experience, work status and title, work experience (company titles, periods of work, work description), expected salary information (incl. amount, currency). Regarding job offer stage: contract type, contract duration, probation period, monthly gross salary, probation period, monthly gross meal allowance, monthly gross expense reimbursement, date of start, weekly working hours, annual leave days, shift schedule, payment day, other benefits, and validity of offer. |
| Audio-Visual Data | Audio-recordings recordings for verbal language tests and photographs/short videos for verification. |
| Other | Competences, reference contact information including name, email address, department/job/title and phone number, aptitude test results, recruiters’ internal notes, device details (including IP address and Internet speed), computer equipment details. Other content personal data voluntarily shared by a Candidate including in the Cover Letter and CV. |
Purposes and legal reasons for processing your personal data
In the event you apply to our Company, we can process your data for the following purposes in order to evaluate your job application:
Since it is necessary to process personal data of the parties of the contract provided that a business contract is executed under Art. 5/2/(c) of the Turkish Data Protection Code, we are obliged to process and disclose your personal data under the Article in order to:
- Recruit new employees, evaluate new candidates, determine the new candidate to be hired, making job offers,
- Confirm how well the employees correspond to the position,
- Record the letter of the proposal we disclose with you via e-mail in case we need it in the short or medium term,
- Interview employee candidates, perform ability and personality tests, verify if a correct person takes the language test, record the results.
Pursuant to provision “Processing of data is necessary for the legitimate interests pursued by the data controller, provided that this processing shall not violate the fundamental rights and freedoms of the data subject” under Article 5/2/(f) of KVKK:
- Contacting the reference contact,
- Informing you regarding the rejected application,
- Making security clearance if that applies to your position.
and lastly, pursuant to the legal notifications set forth in the regulation and when it is requested by legal authorities such as legal and appropriate prosecution office requests and court decisions. In addition, in case your personal data are subject to a conflict to which we are a party of, we might need to process and disclose your personal data under Art. 5/2/(e) of Data Protection Law with authorities and persons we require to use our right to defense such as attorneys, experts and courts. We may process your personal data in order to fulfill these legal liabilities and to use our right to defense.
Purposes and legal reasons for processing your sensitive personal data
At times, the information you disclose with us may include your sensitive personal data. Under the Turkish Data Protection Code, your data related to your race, ethnical origins, political opinions, philosophical opinions, religion, sect or other beliefs, clothing and style, association, foundation or union memberships, health, sexual life and (if any) conviction status and safety measures about you as well as your biometric and genetic data are your sensitive personal data.
We recommend that you do not disclose your sensitive personal data in your CVs or during the support interviews you conduct with us unless we specifically ask you to.
Your personal data shall be stored for the term stated in the relevant regulation or required for the processing purpose, and for the legal limitation periods in any case.
You hereby accept and guarantee that you disclose the data of your reference contact in your CV or similar resources with our Company pursuant to the knowledge and consent of the relevant reference contact, and all responsibility will belong to you if the reference owner requests and claims otherwise.
Transferring your personal data to third parties
Your personal data may be disclosed to domestic or abroad third parties as part of posting job advertisements (e.g., when you apply for a position via such platform) in line with company needs. The data is being transferred to the Recruitment Management Platform since the Company uses it to centrally manage Employee Candidates. Also, since the Company uses foreign-based e-mail service (Microsoft) and Recruitment Platforms such as LinkedIn. Part of your personal data related to the skill tests will be transferred to the eligibility assessment platform to ensure you will meet the job’s requirements. Regarding your language test and assessments, your personal data will be transferred to the Language Assessment platform. Your personal data will be also transferred to 5CA Turkey’s Group Operating Company and if you are accepted, processed via HR Portal’s provider.
The legal basis of transferring data abroad is specified in the first paragraph of Article 9 of the Turkish Data Protection Code.
The method of collecting your personal data
For the legal reasons we have explained above, your personal data can be obtained from career pages such as www.linkedin.com, e-mails you send to privacy@5ca.com, consultancy companies, Company employee references or directly from you in automatic and non-automatic ways and will be stored in electronic and physical environments.
Your rights
Provided that you personally prove your identity to us pursuant to article 11 of the Turkish Data Protection Code, you have the following rights in relation to your personal data:
- To learn whether our Company processed your personal data, and if processed, to request relevant information,
- To learn the processing purpose of your personal data and whether these are used for relevant purposes,
- To learn whether your personal data are transferred within or outside the country and to whom these are transferred.
In addition, you have the right to request our Company to correct your inaccurate or deficient personal data and to inform the recipients to whom this data is or might be transferred.
You may request our Company to dispose of (erase, destruct or anonymize) your personal data within the framework of conditions set forth in Article 7 of the Turkish Data Protection Code. At the same time, you may request our Office to inform third persons to whom this data is or might be transferred about this request for destruction. However, your request for destruction shall be evaluated by our party based on the conditions of the material case in order to decide on a suitable method. In this context, you always have the right to request information from us about why we chose this specific method of destruction.
You have the right to object to the results of the personal data analysis created by using an exclusively automatic system, if these results are against your interest.
You have the right to request compensation for damage in the event you incur a loss due to unlawful processing of your personal data.
Pursuant to Art. 11 of the Turkish Data Protection Code, you can forward your requests for implementation of the Law as well as all kinds of requests for information related to processing of your personal data to privacy@5ca.com e-mail address via an e-mail address signed by your individual secure electronic signature or mobile signature or in writing to the address 19 Mayıs Mah. Dr. Hüsnü İsmet Oztürk Sk. Elit Residence Blok No:3 Kapı No: 48 Şisli/İstanbul, Türkiye (via notary public or registered letter with return receipt). In addition, if your electronic mail address was previously notified by you to our party and registered in our system, you may also forward your requests in relation to this electronic mail address. Pursuant to provisions of article 5 of Communique on Procedures and Principles Regarding the Applications Made to the Data Controller, your application must include your name and surname, your signature if your application is in writing, your ID number if you are a citizen of the Republic of Türkiye, your passport number or (if any) identity number if you are foreign, your correspondence address or workplace address, your electronic mail address for correspondence (if any), telephone and fax number, and the subject of the request.
The applications to be made by you within this context shall be concluded free of charge and as soon as possible, however within 30 days at the latest. However, if the procedure requires an additional cost, a fee might be collected based on the tariff determined by the Committee for Protection of Personal Data.
Contact information
5CA Turkey Danışmanlık ve Ticaret Limited Liability Company
MERSİS No: 001219653700001
Contact Email: privacy@5ca.com
Address: 19 Mayıs Mah. Dr. Hüsnü İsmet Öztürk Sok. No: 3 Elit Residence Kat: 20 D: 48, Şişli/İstanbul Türkiye
