Sbm Time Travel Aesthetic Tourism
Belge No: 14522
LEGAL
PARTIES TO THE CONTRACT
This health tourism intermediary agreement has been concluded between Time Travel Aesthetic (hereinafter referred to as HEALTH TOURISM INTERMEDIARY AGENCY) and the person whose information is written below (hereinafter referred to as PATIENT) within the framework of the provisions below, and with the signing of the contract by the parties, the Patient accepts, declares and undertakes that he accepts all the provisions specified in the Agreement, understands and will comply with these rules specified in the Agreement.
SUBJECT OF THE CONTRACT AND RIGHTS AND OBLIGATIONS OF TIME TRAVEL AESTHETICS
Time Travel Aesthetic is a specially authorised tourism agency that acts as an intermediary between international patients and health institutions in Turkey. The subject of this contract covers the arrangement of all kinds of services such as physicians, hospitals, accommodation, travel, transportation, price and payment principles, rights and obligations of the parties within the scope of health tourism to be provided in Turkey in accordance with the patient's request. Time Travel Aesthetic provides the patient with preliminary information about the desired procedures and provides support such as transport and accommodation if the procedure is approved. The patient is aware that the service to be provided is an intermediary service and accepts, declares and undertakes that he/she is aware of the intermediary services provided under this contract such as hospital, physician, transfer, accommodation. The patient accepts, declares and undertakes that Time Travel Aesthetic does not have any legal obligation due to health services other than the mediation service of Time Travel Aesthetic, and that Time Travel Aesthetic will not hold Time Travel Aesthetic responsible for all material and moral damages that may occur due to health services. In case of unsatisfied health service, the patient cannot take any action that may harm Time Travel Aesthetic.
RIGHTS AND OBLIGATIONS OF THE PATIENT
The patient accepts, declares and undertakes that Time Travel Aesthetic will provide preliminary information about the requested procedures and will provide support such as transport and accommodation if the procedure is approved. The patient is obliged to provide all health information to Time Travel Aesthetic by filling in the medical form sent via whatsapp or other platforms. In the event that the patient underreports or fails to report his/her current medical condition, the patient shall bear all legal responsibility. At the same time, the patient will be responsible for any damages such as the patient missing the flight, disruption of the processes caused by the patient. The patient accepts and declares that Time Travel Aesthetic will not have any responsibility in these cases. The patient is obliged to pay the fee as specified by Time Travel Aesthetic. The patient is personally responsible for all delays caused by the patient. If this situation causes additional costs and obligations to Time Travel Aesthetic, the costs and expenses shall be paid by the patient to the health tourism intermediary organisation. It is recommended by Time Travel Aesthetic that the Patient takes out an insurance policy with an insurance company. All liabilities and consequences arising from the Patient's failure to take out adequate insurance will be borne solely by the Patient. The Patient acknowledges that the services received through Time Travel Aesthetic are not guaranteed and agrees, declares and undertakes to notify Time Travel Aesthetic in writing in case of any problems with these services.
PAYMENT METHOD
Time Travel Aesthetic determines the price of the treatment package requested by the Patient. When the Patient accepts the offer, the Patient must first make a deposit payment in return for the mediation service to be provided to the Patient by Time Travel Aesthetic. With this prepayment, the day of the necessary arrangements for the Patient is booked with the company and/or persons who will provide health, accommodation and transfer services on behalf of the Patient. Payment methods are provided by Time Travel Aesthetic on a separate fee form. If the patient fails to fulfil his/her responsibilities under this "payment" section, he/she is in breach of the Agreement and Time Travel Aesthetic is not obliged to provide any services. Situations additionally requested by the patient that are not included in the scope of this contract, special conditions or work and services to be performed by the patient after the health mediation service is provided will be subject to additional fees. The remaining balance payment for all arrangements subject to the intermediary service must be paid to Time Travel Aesthetic until the day of the operation at the latest. In cases where the patient refuses to sign the contract or documents presented by the service provider companies after the reservation is made by the patient, or fails to fulfil the obligations agreed upon with the signature, the fee paid will not be refunded. In accordance with the provisions of this article, the Patient accepts, declares and undertakes that he/she will not claim the fee back. The patient may cancel his/her reservation 1 month prior to the reservation by notifying Time Travel Aesthetic in writing, but in case of cancellation, the deposit will remain with Time Travel Aesthetic as the reservation fee.
DEFINITION OF CONFIDENTIAL INFORMATION
Confidential information is the information of the person who finds the definition within the scope of the Law on the Protection of Personal Data and all kinds of information related to an identified or identifiable natural person, all kinds of health information related to an identified or identifiable natural person, data on race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, association, foundation or trade union membership, health, sexual life, criminal conviction and security measures, and biometric and genetic data. The personal data of the patients will be processed by the HEALTH TOURISM INTERMEDIATE ORGANISATION, and personal data will be recorded, stored, updated, disclosed to third parties in cases permitted by the legislation, transferred and classified in the capacity of data controller and through the physicians with whom it cooperates.
FORCE MAJEURE
Situations that do not exist or were not foreseen at the time of signing the contract, that develop beyond the control of the parties, that make it impossible for one or both of the parties to fulfil their obligations and responsibilities assumed by the contract partially or completely or to fulfil them on time, will be accepted as force majeure (Natural disaster, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs shall notify the other party immediately and in writing. During the continuation of force majeure, no liability shall arise due to the failure of the parties to fulfil their obligations.
TRANSFER PROHIBITION
This Agreement and/or any of the rights and obligations hereunder may not be transferred or assigned to any third party without the prior written consent of the other Party.
SEPARABILITY OF SUBSTANCES
If any one or more of the provisions of this Agreement are declared invalid, illegal or unenforceable under any law or regulation, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
EVIDENCE CONTRACT
Hasta, işbu sözleşmeden doğan anlaşmazlıklarda Time Travel Aesthetic’in kayıt ve defterlerinin delil olacağını, bu kayıt ve defterlere itiraz etmeyeceğini ve bunlar dışında delil sunmayacağını kabul, beyan ve taahhüt eder.
STATE OF DISPUTE
All disputes arising out of the interpretation and execution of this Agreement shall be governed by the laws of the Republic of Turkey and Antalya Courts and Antalya Execution Offices shall be exclusively competent to hear such disputes.
INTEGRITY AND ENFORCEABILITY OF THE CONVENTION
The foregoing constitutes the entire Agreement between the Parties and supersedes any and all prior agreements, undertakings and understandings, whether oral or written, relating to the subject matter of this Agreement.
TIME TRAVEL AESTHETIC DISCLOSURE TEXT
INTRODUCTION
This clarification text has been prepared by ''SBM ÖZEL SAĞLIK LİMİTED ŞİRKETİ (TIME TRAVEL AESTHETIC)'' in the capacity of data controller in accordance with the provisions of the Personal Data Protection Law No. 6698 (KVKK), the Communiqué on the Procedures and Principles to be Followed in Fulfilling the Obligation to Inform and the provisions of the European Union General Data Protection Regulation (GDPR). The personal data of the patients will be processed by SBM ÖZEL SAĞLIK LİMİTED ŞİRKETİ and this company, in its capacity as data controller and through the physicians it cooperates with, your personal data will be recorded, stored, updated, disclosed to third parties in cases permitted by the legislation, transferred, classified and processed in the ways listed in the KVKK and GDPR within the framework described below, and we inform you about our mutual rights and obligations under the aforementioned legal regulation.
DATA RESPONSIBLE
Pursuant to Law No. 6698 on the Protection of Personal Data, the data controller is SBM SPECIAL HEALTH LIMITED COMPANY. Your personal data will be collected and processed by the data controller SBM SPECIAL HEALTH LIMITED COMPANY (shortly Time Travel Aestehetic) within the scope described below.
-Address:
-Telephone Number :
-E-Mail Address :
-Address :
PROCESSED PERSONAL DATA
Personal health data obtained for the execution of medical diagnosis, examination, treatment and care services, mainly general and special categories of personal data are listed below;
- Your identity information (Name, Surname, Turkish ID Number and/or passport number, signature, place of birth, date of birth, age, height, weight, etc.)
- Your contact details (address, telephone number, e-mail address and other contact data)
- Customer transaction information such as appointment/registration information, request complaint information, consent statement,
- Information on fees, payments and invoicing
- Your medical history, current symptoms, information on ongoing treatment, medication, treatment/care/treatment services and health information obtained as a result of these
- Your visual records such as photographs and videos obtained before and during the procedure
- Closed circuit security camera recordings (CCTV) obtained during the physical visit
- Your personal data you transmit to us, including information about your health, through the website, social media and communication platforms on mobile devices.
- In case of a legal process and/or dispute, your legal transaction information obtained within the scope of the relevant process.
PURPOSE OF THE DATA CONTROLLER TO PROCESS YOUR PERSONAL DATA
Your Personal and Sensitive Personal Data will be processed by Time Travel Aesthetic in accordance with the basic principles stipulated in Article 4 of the KVKK and Article 5 of the GDPR, within the scope of the purposes set out in this Clarification Text; in accordance with the law, in connection with the purpose of processing, limited and measured, by observing the principle of fairness and transparency, in an accurate and up-to-date manner, by taking all kinds of technical and administrative measures stipulated in the legislation in order to ensure data security. Accordingly, your personal data is processed for the following purposes;
- Receiving requests and applications,
- Execution and follow-up of registration and appointment processes,
- To be able to inform the patient about the appointment,
- To confirm the identity information of the person making the transaction,
- To be able to carry out medical treatments successfully,
- To receive consultation from another physician if deemed necessary during the treatment period,
- To record the address and other necessary information for contact,
- To be able to carry out the complication processes that may occur after the operation,
- To be able to plan accommodation and interpreter services for patients,
- To be able to fulfil legal obligations in accordance with the legislation within the scope of International Health Tourism,
- To be able to inform third parties about the applied medical operations, To be able to carry out payment follow-up and invoicing processes in return for the service received by the patient and
- It will be processed with the aim of realising patient satisfaction.
TO WHOM AND FOR WHAT PURPOSES YOUR PROCESSED PERSONAL DATA MAY BE TRANSFERRED
Your personal data may be transferred by Time Travel Aesthetic to the following third parties and institutions in order to fulfil the above-mentioned purposes, in accordance with Articles 8 and 9 of the KVKK. In this context, your personal and private data processed;
- Other specialists for consultation purposes,
- Insured Employees,
- To your suppliers,
- Financial Advisors, Tax and Financial Consultants and Auditors
- Legal Counsellor - Database (Server) Providers
- "Clinical Management Software System" Service Provider
- Interpreters
- Overseas Promotion Consultant
- Support Management System (DYS) Authorised - Data Protection Officer
- IT Consultant - It will be transferred to Tourism Agencies.
Apart from these, your personal data may be shared with authorised public institutions and organisations such as the Ministry, Directorates, and authorised persons and official institutions in accordance with the legal legislation within the scope of fulfilling our obligations arising from the legislation and in cases where notification is mandatory
Based on the legal obligations pursuant to Article 6-1/c of the GDPR, your Personal Data will be processed without your explicit consent in the following cases;
- Creating a patient file.
- Maintaining information about your health data that must be kept in accordance with the relevant legislation.
- Checking your wage payments and issuing invoices.
- Fulfilment of tax payments.
- Fulfilment of obligations in accordance with the Ministry of Health Legislation.
- Fulfilment of obligations in accordance with the Health Tourism Legislation.
- Ensuring your data security.
- Fulfilment of legal obligations before the Judicial Authorities.
- Performing administrative obligations before administrative institutions and organisations.
Necessary technical and legal measures are taken to prevent violations of rights during data transfer to third parties. However, Time Travel Aesthetic is not responsible for the data protection policies of the third party receiving personal data and for violations that occur in the risk area under the responsibility of the third party.
RIGHTS OF THE RELEVANT PERSON ARISING FROM THE LAW ON THE PROTECTION OF PERSONAL DATA
Pursuant to Article 11 of the KVKK, your personal data;
- Learning whether it is processed or not, Do not request information if it has been processed,
- To learn the purpose of processing and whether it is used in accordance with its purpose,
- Knowing the third parties to whom it is transferred domestically / abroad,
- Request correction if incomplete / incorrectly processed,
- To request deletion/destruction within the framework of the conditions stipulated in Article 7 of the KVKK,
- To request notification of the transactions carried out in accordance with paragraphs (d) and (e) above to the third parties to whom it is transferred,
- Object to the occurrence of a result that is to your detriment as a result of being analysed exclusively by automated systems,
- We would like to remind you that you have the right to demand the compensation of the damage in case you suffer damage due to processing in violation of KVKK.
If you apply to TIME TRAVEL AESTHETIC in writing regarding your rights stated above, a free of charge response will be given within 30 (thirty) days at the latest depending on the nature of your request. You must submit your application in writing and with wet signature, in a clear and understandable manner, by hand, by post or through a notary public, attaching documents identifying your identity and address information
RIGHTS OF THE PERSON CONCERNED ARISING FROM THE GDPR
- Right of Access (Article 15 of the GDPR): The data subject has the right to confirm whether personal data concerning him/her is being processed by applying to the Kiniek and to learn the details specified in Article 15 of the GDPR in case personal data is processed.
- Right to Correction (GDPR Article 16): The Data Owner has the right to have his/her personal data, which are under the responsibility of the Clinic and which have changed, corrected by applying at any time.
- Right to Erasure (GDPR Article 17):The Data Subject has the right to request the erasure of his/her personal data held by the Clinic. If the matters specified in Article 17 of the GDPR occur, your personal data will be deleted by the Clinic without delay.
- Right to Restriction of Processing (Article 18 of the GDPR): If Data Subjects object to the timeliness of their Personal Data, they have the right to request the restriction of the use of the data as a Data Subject until the accuracy of the Personal Data is confirmed by the Clinic. In cases where the Data Subject requests the deletion of his/her Personal Data due to the illegality of the Personal Data processing activity, he/she has the right to request the restriction of the use of the data until the request is realised. The Data Subject has the right to request restriction of the use of his/her data in cases where his/her personal data is no longer needed for the purpose of processing by the Clinic.
- Right to Data Portability (Article 20 of the GDPR): The Data Subject shall have the right to request the transfer of his/her Personal Data held by the Clinic to another controller at any time, if technically feasible. However, this right may be exercised when data processing is based on consent or when required by the contract.
METHOD OF COLLECTING YOUR PERSONAL DATA
Your personal data are collected by automatic and non-automatic methods from you and your relatives personally through photographs and video recordings recorded in order to observe your treatment before, after or during the medical procedure that Time Travel Aesthetic has applied or will apply to you, as well as the information and documents that you transmit to our clinic in writing, verbally, electronically via telephone, call centre, e-mail, website contact form and other communication channels,by recording the information declared by the specialist doctor, relevant institutions and organisations and learned by our employees in our systems, through systems such as security cameras.
AGE LIMIT
There is no age restriction under Time Travel Aesthetic, which was established for health and treatment purposes. However, in the context of taking into account the transactions within the scope of cybercrimes, it is deemed appropriate for legally underage users to provide use with their parents.
STORAGE, ANONYMISATION OR DESTRUCTION OF YOUR PERSONAL DATA
Personal Data will be anonymised, deleted or destroyed in accordance with Article 7 of the KVK Law, when the purpose requiring its processing disappears or the legal timeout expires.
MEASURES TAKEN FOR DATA SECURITY
The Clinic takes all necessary technical and administrative measures to ensure the appropriate level of security required for the protection of personal data.
CONSENT and APPROVAL
By reading and accepting this Clarification Text, you are deemed to have accepted, declared and undertaken that you have full and complete information about the data processing process carried out by the health tourism agency and that you consent to the processing of your personal data by Time Travel Aesthetic within the scope of the Clarification Text with your free and free will.
