CONSENT AND UNDERTAKING AGREEMENT REGARDING THE PROCESSING OF PERSONAL DATA AND COMMUNICATION PROCESSES

ARTICLE 1 – PARTIES
This Agreement is entered into between [ERDEM SAĞLIK GRUBU] (hereinafter referred to as the “Data Controller”) and the Patient/Data Subject (hereinafter referred to as the “Data Subject”).

ARTICLE 2 – SUBJECT OF THE AGREEMENT
The subject of this Agreement is to regulate the rights and obligations of the parties regarding the processing, transfer, and management of communication processes related to the personal data of the Data Subject, particularly health data, within the scope of the Personal Data Protection Law No. 6698 (“KVKK”), relevant legislation, and healthcare regulations.

ARTICLE 3 – PROCESSING OF PERSONAL DATA
3.1. The personal data of the Data Subject are processed for the following purposes: planning and execution of healthcare services; carrying out diagnosis, treatment, and care processes; patient relationship management; evaluation of requests and complaints; and fulfillment of legal obligations.
3.2. Special categories of personal data, including health data, are processed to the extent necessary in accordance with Article 6 of the KVKK and relevant healthcare legislation.

ARTICLE 4 – LEGAL BASIS FOR DATA PROCESSING
4.1. Data processing activities related to diagnosis, treatment, and care services may be carried out without explicit consent, in accordance with applicable legislation.
4.2. The following data processing activities are subject to the explicit consent of the Data Subject: communication activities (phone, WhatsApp, email), international data transfers, and marketing and informational activities.

ARTICLE 5 – TRANSFER OF PERSONAL DATA
5.1. Personal data may be shared with relevant physicians, healthcare personnel, authorized public institutions and organizations, and contracted business partners.
5.2. Such transfers are carried out in compliance with Articles 8 and 9 of the KVKK.

ARTICLE 6 – INTERNATIONAL DATA TRANSFER
6.1. The Data Subject acknowledges that their data may be transferred abroad due to the use of digital platforms in communication processes.
6.2. In particular, when using WhatsApp (Meta Platforms Inc.) infrastructure, personal data may be transferred to servers located abroad.
6.3. International data transfers are carried out solely based on the explicit consent of the Data Subject.

ARTICLE 7 – COMMUNICATION PROCESSES
7.1. The Data Controller may contact the Data Subject through the following channels: phone, WhatsApp, email, and similar means.
7.2. Communication activities are carried out for the purpose of service delivery and providing information.
7.3. Marketing and commercial communication activities are subject to separate explicit consent.

ARTICLE 8 – STATEMENT OF EXPLICIT CONSENT

The Data Subject declares separately whether they give explicit consent to the following:
o I explicitly consent to the processing of my health data.
o I explicitly consent to the sharing of my data with relevant physicians and healthcare units.
o I explicitly consent to the transfer of my data abroad due to the use of WhatsApp (Meta Platforms Inc.) infrastructure.
o I consent to being contacted via phone, WhatsApp, and email.
o I consent to receiving commercial communications for campaign and informational purposes.

ARTICLE 9 – DATA SECURITY
9.1. The Data Controller takes all necessary technical and administrative measures to prevent unlawful processing and access to personal data.
9.2. Regarding electronically obtained consents, IP logs, date and time information, and the approved version of the consent text are retained.

ARTICLE 10 – RIGHTS OF THE DATA SUBJECT
Under Article 11 of the KVKK, the Data Subject has the right to learn whether their personal data are processed, to request correction, to request deletion, and to claim compensation for damages.

ARTICLE 11 – ENTRY INTO FORCE
This Agreement enters into force on the date it is approved by the Data Subject.

ARTICLE 12 – SIGNATURE
The Data Subject declares that they have read, understood, and accepted this Agreement of their own free will.