Explicit Consent and Commercial Communications

The purpose of this document is to collect, in a clear, intelligible and freely given manner, two declarations of your will that are legally and operationally distinct: one being explicit consent under the KVKK, and the other being approval for commercial electronic messages under Law No. 6563. The two consents are independent of one another: giving one does not mean that you have given the other, and you may choose to give only one of them, both of them, or neither.

The consent boxes (for Part A, the explicit consent; for Part B, the commercial electronic message approval) are not presented pre-ticked; each consent becomes valid only when it is ticked separately by you through an affirmative (opt-in) act. Should you tick none of the boxes, your access to the core service will not be affected thereby.

Core Service: the essential service through which Omnilegal unifies a law firm's workflow, from client intake to delivery, in a single system, for legal professionals and law firms. The explicit consent and the commercial electronic message approval set out in this document concern optional, additional processing and communications that are not necessary for the use of the Core Service.

Data Subject: the natural person whose personal data is processed; Data Controller: Topluyıldız Danışmanlık A.Ş., which determines the purposes and means of processing; Commercial Electronic Message: any message with data, voice or visual content sent for commercial purposes in the electronic environment by means such as telephone, call centre, fax, automated calling machine, smart voice recording system, electronic mail or short message service; İYS: the Message Management System (İleti Yönetim Sistemi).

Explicit Consent (açık rıza): consent relating to a specific subject, based on information, and declared by free will; this definition carries the elements set out in Article 3 of the KVKK.

The following articles govern your explicit consent, under Law No. 6698 (KVKK), to certain processing activities that may be carried out solely on the basis of explicit consent. A failure to give the explicit consent in this part does not impede your access to the Core Service; it takes effect only in respect of those additional operations that require explicit consent.

Topluyıldız Danışmanlık A.Ş. processes most personal data on legal bases other than explicit consent (such as the conclusion or performance of a contract, a statutory obligation, or a legitimate interest). Explicit consent is sought only in the cases listed below, where no other legal basis is available.

Under Article 3 of the KVKK, explicit consent means consent relating to a specific subject, based on information, and declared by free will. These three elements are required together: the consent must be specific, that is, its scope must be determined by reference to the particular processing activity to which it relates; it must be based on information, that is, you must have been informed in advance and in an intelligible manner of the purpose, scope and consequences of the processing; and it must be declared by free will, that is, given freely without any coercion, conditioning, or threat of refusal of service.

For this reason, explicit consent is not taken as a general and unlimited authorisation but is obtained separately in respect of each of the specific processing activities defined individually below. Consent that is not specific, whose scope has not been delineated, or that has been made conditional upon receiving the service, is not a valid explicit consent within the meaning of the KVKK.

Your explicit consent is sought in respect of the following specific processing activities, and only to the extent that you tick them. The first case is cross-border data transfer based on explicit consent: under Article 9 of the KVKK, where no transfer mechanism is available, such as an adequacy decision, appropriate safeguards (an undertaking, standard contract, or binding corporate rules), or the incidental situations under Article 9(6), the transfer of your personal data abroad may rest only upon separately obtained explicit consent.

The second case is processing for marketing and profiling purposes: marketing-related processing activities that are not necessary for the performance of the Core Service, such as tailored promotion, product-development analysis, segmentation or similar, are subject to your explicit consent to the extent that they do not rest on another legal basis.

The third case is the processing, outside the exceptions provided by law, of special categories of personal data that may fall within the scope of Article 6 of the KVKK; where any such processing is contemplated, a specific explicit consent is obtained with its scope separately and clearly stated.

It is emphasised that, by the very architecture of Omnilegal, personal data is masked before any call to an artificial-intelligence model; the model only ever sees the masked text, and the masking key does not leave the jurisdiction. Client data is not used to train any model. The explicit consent below therefore does not replace this security architecture of the Core Service; it covers only the additional operations listed above that require explicit consent.

Should you tick it, your explicit consent is limited solely to the specific processing activities listed in Article 4 that you have selected, to the categories of data those activities require, and to the notified purposes of processing. The explicit consent may not be extended to any other purpose, category of data or group of recipients not stated in this document or in the KVKK Disclosure Notice.

The addressee of the processing covered by the explicit consent is the data controller, Topluyıldız Danışmanlık A.Ş. Any data processors that may take part in carrying out the processing, such as the hosting provider ([barındırma sağlayıcısı]) and the artificial-intelligence model provider ([yapay zekâ model sağlayıcısı]), act under contractual safeguards conforming to Article 12 of the KVKK and only within the limits of the stated purpose.

Where explicit consent for a cross-border transfer is given, that consent is valid only in respect of the country or group of countries to which the transfer will be made and the purpose of the transfer; the destination and nature of the transfer, including instances in which embeddings may be routed to the European Union, are explained in the KVKK Disclosure Notice.

You may withdraw the explicit consent you have given at any time, without showing any reason. You may convey your withdrawal request through the consent-management screen in your account, or by written application to [email protected] (including via 25878-54156-69813) or to Sinanpaşa Mahallesi, Süleyman Seba Caddesi, No: 6 İç Kapı No: 4, Beşiktaş / İstanbul; the Company processes the withdrawal request without undue delay.

The withdrawal of explicit consent takes effect prospectively. Withdrawal halts processing activities after the date of withdrawal; however, it does not affect the lawfulness of processing activities lawfully carried out on the basis of valid explicit consent before the date of withdrawal, and it does not retroactively vitiate those activities.

The withdrawal of explicit consent does not terminate your access to the Core Service. Withdrawal results only in the cessation of the additional processing activities carried out on the basis of explicit consent (for example, a cross-border transfer based on explicit consent, or processing for marketing purposes). Processing activities resting on another legal basis may continue for as long as that legal basis subsists.

Your withholding of the explicit consent in this part does not in any way impede your purchasing or using the Core Service. The explicit consent is not, and may not be, made conditional upon the essential functions of the service; a contrary practice would be invalid within the meaning of the KVKK, as it would impair the free-will element of explicit consent.

The sole consequence of withholding explicit consent is that the additional processing activities requiring explicit consent cannot be carried out. For example, if you do not accept a cross-border transfer based on explicit consent, and the relevant activity cannot be grounded on a transfer mechanism other than explicit consent, that additional operation will not be performed; this does not affect the provision of the Core Service.

The following articles govern your approval for commercial electronic messages to be sent to you, within the framework of Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages. This approval is voluntary and is not a precondition of purchasing or using the Core Service.

As a rule, commercial electronic messages may not be sent without the recipient's prior approval. Should you give the approval in this part, you accept receiving commercial electronic messages from the channels and within the scope set out below; should you not give it, no commercial promotional, campaign or marketing message will be sent to you.

Your approval covers the sending to you of promotional, campaign, informational, survey, invitation and similar commercial-purpose messages relating to the Omnilegal products and services. When giving your approval, you may select separately the channels through which the messages will be sent (electronic mail, short message service / SMS, and telephone calls); messages are sent only through the channels you have selected.

Your approval is limited as to the channel through which it is given; an approval given for one channel does not extend to the sending of messages through another channel that you have not approved. Informational, non-commercial messages relating to the operation and security of the service, the performance of the contract, or legal obligations (transactional messages) fall outside the scope of this approval and may, as required by law, be sent without being subject to approval.

The sender (service provider) of the commercial electronic messages is Topluyıldız Danışmanlık A.Ş., the data controller and party to the contract. The information identifying the sender, namely the distinctive brand, trade name and the Message Management System brand code ([İYS marka kodu]) required by the legislation, is shown in each message.

The Company's contact details are as follows: trade name Topluyıldız Danışmanlık A.Ş.; electronic mail [email protected]; 25878-54156-69813; Sinanpaşa Mahallesi, Süleyman Seba Caddesi, No: 6 İç Kapı No: 4, Beşiktaş / İstanbul; [telefon numarası]; 0854121033400001. This information appears in the messages or in the linked environment so that the identity of the sender of the message can be clearly understood.

Your commercial electronic message approval and your refusal declarations relating to that approval are recorded, as required by law, on the Message Management System (İYS). The keeping of records as to the existence, scope and date of your approval on the İYS enables both you and the Company to verify the state of approval at any time.

Even if you have given approval, you may withdraw your approval and refuse to receive messages at any time through the İYS (via the İYS website, call centre or relevant channels). You may exercise your right of refusal on a per-channel basis; for example, you may refuse only the SMS channel while maintaining your electronic-mail approval. The Company's position as to İYS records is to be assessed together with [ETBİS kayıt bilgisi] and the relevant registry information.

Each commercial electronic message sent to you contains a method enabling you to exercise easily, without showing any reason and free of charge, your right to refuse to receive messages. In electronic-mail messages this method is provided as a refusal link (unsubscribe) presented within the message; in short messages and other messages it is provided as the easy refusal method prescribed by the legislation (for example, sending the word of refusal to a stated number).

Within the period prescribed by the legislation following the receipt of your refusal request by the Company, the sending of commercial electronic messages to you through the relevant channel is stopped. The exercise of the right of refusal does not affect your access to the Core Service or the sending of transactional, informational messages.

It is expressly confirmed that both consents governed by this document (the explicit consent in Part A and the commercial electronic message approval in Part B) are entirely voluntary and rest on the principle of voluntariness. Your withholding of either of these consents, or your withdrawal of a consent you have given, is not a precondition of your purchasing, installing or using the Omnilegal Core Service, and does not in any way restrict your access to those services.

That the consents are not made conditional upon receiving the service is necessary both to protect the free-will element of explicit consent (KVKK Article 3) and to ensure that the commercial electronic message approval is given in a genuinely free manner. The Company does not make these consents a condition of the sale or use of the service.

You may exercise your rights under Article 11 of the KVKK (including learning whether your personal data is being processed, requesting information, requesting rectification, erasure or destruction, requesting notification to third parties to whom data has been transferred, objecting to an assessment made solely by automated systems, and requesting compensation for damage) within the framework of the Communiqué on the Procedures and Principles of Application to the Data Controller. Your applications are concluded without undue delay and within thirty days at the latest.

For the withdrawal of explicit consent, the removal of the commercial electronic message approval, or any request or question relating to this document, you may contact Topluyıldız Danışmanlık A.Ş. through the following channels: [email protected]; 25878-54156-69813; Sinanpaşa Mahallesi, Süleyman Seba Caddesi, No: 6 İç Kapı No: 4, Beşiktaş / İstanbul; [telefon numarası].

This document may be updated. The current version is published on omnipotentlegal.ai and takes effect from the date of publication; the scope of consents you have given in the past is assessed on the basis of the text in force on the date they were given.