KVKK-Hinweis (Türkei)

This notice is required by Turkish law. This English text is a translation for your convenience; the Turkish original prevails. For our general privacy practices, including the GDPR, see our privacy policy.

1. Data controller#

Under Personal Data Protection Law No. 6698 ("KVKK"), your personal data is processed by By Code Software (Atıf Doğan Özcan) ("By Code Software", the "Company") as data controller, within the scope described below.

• Address: Atatürk Mah. Turgut Reis Cad. No: 32 İç Kapı No: 6, Karesi / Balıkesir, Türkiye
• Tax office and number: Karesi Vergi Dairesi, 6690456710
• Email: hello@byniche.app
• Phone: [Telefon]
• Website: https://byniche.app ("ByNiche")

2. Personal data we process#

YouTube creators: through the YouTube Data API, ByNiche processes public information about YouTube channels and videos (channel name, description, thumbnail, country, subscriber, view and video counts, video titles and statistics). Where a channel identifies a real person, this information may be personal data.

No special categories of personal data (KVKK Art. 6) are processed.

3. Purposes of processing#

Your personal data is processed to:

• create your account, authenticate you and manage your account;
• provide the ByNiche service and its features and apply plan limits;
• run subscription, payment, invoicing and refund processes;
• answer support requests and applications;
• keep information secure, prevent abuse and fraud, and fix errors;
• measure use of the site in aggregate with cookieless tools to improve the service;
• send service and security notices;
• send commercial electronic messages if you opt in;
• carry out niche research on public YouTube data and present it to users;
• comply with legal obligations and requests from competent authorities;
• protect our rights in legal disputes.

4. Legal bases#

Your personal data is processed on the following legal bases under KVKK Article 5:

• Necessary for concluding or performing a contract (Art. 5(2)(c)): your account, providing the service, subscription and payment processes, support.
• Compliance with a legal obligation of the data controller (Art. 5(2)(ç)): records required by tax and commercial law, obligations under Law No. 5651, requests from competent authorities.
• Made public by the data subject (Art. 5(2)(d)): channel and video information published publicly on YouTube.
• Establishing, exercising or protecting a right (Art. 5(2)(e)): records used as evidence in disputes.
• Legitimate interests of the data controller (Art. 5(2)(f)), provided your fundamental rights and freedoms are not harmed: security logs, abuse prevention, cookieless aggregate analytics.
• Explicit consent (Art. 5(1)): commercial electronic messages (together with approval under Law No. 6563) and other cases where explicit consent is required. You can withdraw consent at any time.

5. Transfers of personal data#

Limited to the purposes above and in line with KVKK Articles 8 and 9, your personal data may be transferred to:

Names, descriptions and thumbnails of public YouTube channels are sent to the Claude API of Anthropic, PBC (United States) to label niches and detect faceless content. No personal data of ByNiche users is transferred to Anthropic. YouTube data is sourced from Google LLC (United States).

Transfers abroad (KVKK Art. 9): some of the providers above are located outside Turkey. Transfers abroad are made by providing one of the appropriate safeguards set out in KVKK Article 9, such as signing the standard contracts published by the Personal Data Protection Board and notifying the Board within the required period, or under the other conditions listed in Article 9. For EU and UK law, Standard Contractual Clauses (SCCs) are used.

6. How we collect data#

Your personal data is collected fully or partly by automated means, electronically, through:

• the ByNiche sign-up form and our authentication provider Clerk (including Google sign-in);
• records you create while using the app;
• the payment provider's checkout page and notifications;
• emails you send us;
• server logs, strictly necessary cookies and cookieless analytics (details in the cookie policy);
• for creators, public YouTube data obtained through the YouTube Data API.

7. Retention#

Personal data is kept for as long as the purpose requires and for the retention periods set by law: account data while your account is open and deleted within 30 days of a deletion request; payment records as required by tax and commercial law (generally up to 10 years); server logs normally no longer than 30 days; statistics obtained from the YouTube API no longer than 30 days, with channel and video metadata refreshed or deleted within 30 days. When retention ends, data is deleted, destroyed or anonymized in line with the Regulation on the Deletion, Destruction or Anonymization of Personal Data.

8. Your rights under KVKK Article 11#

By applying to the data controller, you have the right to:

• learn whether your personal data is processed;
• request information about it if it is processed;
• learn the purpose of processing and whether it is used for that purpose;
• know the third parties in Turkey or abroad to whom it is transferred;
• ask for correction if it is incomplete or inaccurate;
• ask for deletion or destruction under the conditions of KVKK Article 7;
• ask that corrections, deletions or destructions be notified to third parties to whom the data was transferred;
• object to a result against you arising from analysis exclusively by automated systems;
• claim compensation if you suffer damage due to unlawful processing.

9. How to apply#

In line with the Communiqué on the Procedures and Principles of Applications to the Data Controller, you can send your requests:

• by email to hello@byniche.app from the email address registered to your ByNiche account,
• by signed letter to Atatürk Mah. Turgut Reis Cad. No: 32 İç Kapı No: 6, Karesi / Balıkesir, Türkiye, or
• using registered electronic mail (KEP), a secure electronic signature or a mobile signature.

Your application must include your name, your signature for written applications, your address or email for notifications and the subject of your request. We may ask for additional information to verify your identity.

We conclude your application free of charge within 30 days at the latest, depending on its nature. If the action requires an additional cost, a fee may be charged according to the tariff set by the Personal Data Protection Board. If your application is rejected, you find the answer insufficient or we do not answer in time, you can file a complaint with the Personal Data Protection Board under KVKK Article 14.