AKAY AI VIRTUAL TRY-ON – PRIVACY NOTICE UNDER THE TURKISH PERSONAL DATA PROTECTION LAW

1. Data Controller

Under Personal Data Protection Law No. 6698 (“KVKK”), your personal data may be processed by the following data controller:

AKAY TEKSTİL GELİNLİK VE GIDA SAN. TİC. LTD. ŞTİ. (“AKAY”)

Address: Erenköy Mah. Şerafettin Sk. No: 20 Hüseyin Paşa Köşkü İç Kapı No: 1 Kadıköy / İstanbul
Telephone: +90 (216) 478 27 51
Email: akaymusterihizmetleri@akay.com.tr

within the scope described below.

2. Scope of This Privacy Notice

This Privacy Notice has been prepared to inform you about personal data obtained when using the AKAY AI Virtual Try-On service offered through Akay.com.tr.

AKAY AI Virtual Try-On is a service that enables the creation of a digital virtual try-on result by processing photos or videos uploaded by the user together with images of products/models selected by the user, using artificial intelligence and image-processing technologies.

The result generated does not constitute an actual physical fitting and does not guarantee an exact representation of the product’s actual fit, color, fabric texture, or details on the user.

3. Personal Data That May Be Processed

Depending on how the service is used, the following personal data may be processed:

• Photo and video content uploaded by the user,
• Images and visual characteristics appearing in the photo or video,
• The virtual try-on image or video generated,
• User/account ID or technical identifiers used to associate use of the service with an account,
• IP address, device and session information, and security logs,
• Date, time, transaction, and usage records relating to the virtual try-on process,
• Information about the user’s virtual try-on entitlement/credits,
• Information about the product/model selected by the user,
• Results of content reviews and technical verification carried out to ensure the security of the service.

The purpose of the AKAY AI Virtual Try-On service is not to identify or verify users’ biometric identities. If biometric recognition is carried out on images for the purpose of uniquely identifying a person or verifying their identity, the relevant process will be assessed separately under the KVKK and legislation concerning special categories of personal data.

4. Purposes of Processing Personal Data

Your personal data may be processed for the following purposes:

• performing the virtual try-on process you request,
• processing the image or video you upload with the product/model you select,
• generating the virtual try-on result and providing it to you,
• managing virtual try-on entitlements/credits associated with your user account,
• enforcing service usage limits,
• identifying failed or unsuccessful transactions,
• restoring a used entitlement where necessary,
• preventing spam, automated use, misuse, unauthorized access, and fraud,
• ensuring content and system security,
• investigating technical errors and performance issues,
• handling user requests and support processes,
• carrying out information security processes,
• fulfilling legal obligations, and
• where necessary, establishing, exercising, or protecting rights in legal disputes

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5. Legal Grounds for Processing Personal Data

Depending on the nature of the specific processing activity, your personal data may be processed on the basis of an applicable legal ground set out in Article 5 of the KVKK, including:

• processing being necessary for personal data belonging to the parties to a contract, provided that it is directly related to the establishment or performance of that contract,
• processing being necessary for the data controller to fulfill its legal obligations,
• processing being necessary for the establishment, exercise, or protection of a right, and
• processing being necessary for the legitimate interests of the data controller, provided that this does not harm the fundamental rights and freedoms of the data subject

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Where the relevant personal data processing activity cannot be based on one of the above legal grounds or another legal ground provided for under the KVKK, and explicit consent is required, the data subject’s explicit consent will be obtained separately.

Reading this Privacy Notice or submitting the virtual try-on form does not, by itself, mean that explicit consent has been given for all processing activities that require explicit consent.

6. Transfer of Personal Data

For the purpose of providing the AKAY AI Virtual Try-On service, your personal data may be shared, only to the extent required by the service, with:

• AKAY’s authorized employees and relevant departments,
• cloud computing, data storage, and hosting service providers,
• artificial intelligence and image/video processing service providers,
• security, content review, and misuse prevention service providers,
• e-commerce and customer account infrastructure providers,
• technical support and information technology service providers, and
• public institutions and organizations authorized by law

.

Only data necessary to provide the service will be shared with service providers, and appropriate technical and organizational measures will be implemented to ensure the security of personal data.

7. Transfer of Personal Data Abroad

Personal data may be transferred abroad because some of the cloud computing, security, content review, and artificial intelligence/image processing infrastructure used for the AKAY AI Virtual Try-On service may be located abroad or may provide services through systems located abroad.

Transfers of personal data abroad are carried out in accordance with Article 9 of the KVKK and the Regulation on the Procedures and Principles Regarding the Transfer of Personal Data Abroad, subject to the applicable transfer condition and, where required, appropriate safeguards.

Where a transfer abroad must be based on explicit consent, the user’s explicit consent for the relevant transfer will be obtained separately.

8. Method of Collecting Personal Data

Personal data may be obtained electronically by automated or partially automated means through:

• photos and videos uploaded by the user to the virtual try-on service,
• the customer account,
• the virtual try-on form and user interface,
• the website and application infrastructure,
• security systems, and
• technical systems used to provide the service

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9. Retention and Destruction

AKAY retains personal data obtained in connection with the virtual try-on only for as long as required for the purposes of processing and in accordance with the retention periods prescribed by applicable legislation.

Photos, videos, and generated virtual try-on outputs are retained only for as long as necessary to provide the service, enable the user to access the result, and assess technical errors or user requests.

Security, transaction, account, and usage records may be retained for longer periods in accordance with applicable legislation and AKAY’s retention and destruction policies, for the purposes of ensuring information security, preventing misuse, fulfilling legal obligations, and protecting rights in potential disputes.

When the purpose of processing and the legal grounds for retention cease to exist, personal data will be deleted, destroyed, or anonymized in accordance with applicable legislation.

If AKAY applies a shorter automatic deletion period to certain categories of data, the relevant technical system may be operated in accordance with that period.

10. Content Uploaded by the User

Users must upload to the AKAY AI Virtual Try-On service only photos, videos, and other content that they are authorized to use.

Photos or videos belonging to third parties must not be uploaded to the system without those individuals’ knowledge or the necessary legal authorization.

To ensure the security and lawful use of the service, AKAY may refuse to process or block content that it considers to violate the terms of use or the rights of third parties.

11. Data Security

AKAY implements technical and organizational measures appropriate to the nature of the processing activity to prevent the unlawful processing of and access to personal data and to ensure that personal data is securely retained.

Authorization, access controls, security verification, misuse prevention systems, transaction logs, and similar security mechanisms may be used for this purpose.

12. Your Rights Under the KVKK

Under Article 11 of the KVKK, where the relevant conditions are met, you have the right to:

• learn whether your personal data is being processed,
• request information about such processing if your personal data has been processed,
• learn the purpose of processing and whether your personal data is being used in accordance with that purpose,
• know the third parties to whom your personal data has been transferred domestically or abroad,
• request the correction of incomplete or inaccurate personal data,
• request the deletion or destruction of personal data subject to the conditions set out in the KVKK,
• request that third parties to whom your personal data has been transferred be notified of any correction, deletion, or destruction,
• object to a result arising to your detriment from the analysis of your personal data exclusively by automated systems, and
• request compensation for damage if you have suffered loss due to the unlawful processing of your personal data

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13. Applications

You may submit your requests under the KVKK to AKAY using one of the methods prescribed by the applicable legislation.

AKAY TEKSTİL GELİNLİK VE GIDA SAN. TİC. LTD. ŞTİ.

Address: Erenköy Mah. Şerafettin Sk. No: 20 Hüseyin Paşa Köşkü İç Kapı No: 1 Kadıköy / İstanbul
Email: akaymusterihizmetleri@akay.com.tr

Applications will be assessed within the periods prescribed by the KVKK and applicable legislation, depending on the nature of the request.

14. Updates

AKAY may update this Privacy Notice if the technologies used, service providers, or applicable legislation change.

The current version is published on Akay.com.tr.