Privacy Policy

PROCESSING OF PERSONAL DATA

The administrator and processor of personal data is Luxent Fund SICAV a. s., with its registered office at Pařížská 205/23, 110 00 Prague 1, ID No.: 22554467. The company is registered in the Commercial Register maintained by the Municipal Court in Prague under file number B 29470.  (hereinafter referred to as the "Company").

This information applies to the processing of personal data of (i) those Investors who are natural persons and (ii) natural persons who represent an Investor who is a legal person in dealing with the Company ("Data Subjects").

Purpose, scope and duration of personal data processing

Processing of personal data for the purposes of the implementation of the contractual relationship, fulfilment of obligations under ZISIF and other regulations and protection of the legitimate interests of the Company

The Company is entitled to process personal data of Data Subjects in accordance with the relevant legal regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation (GDPR) (the "Regulation"),  provided by the Data Subject when concluding the Agreement and during the term of the Agreement, for the purpose of:

• the conclusion of the Agreement and the performance of the Agreement by the Company; The legal basis for the processing is Article 6(1) of the Regulation. 1 lit. (b) of the Regulation;
• protection of the Company's legitimate interests, which shall be understood as the Company's interest in the proper performance of contractual obligations by the Investor and the protection of the Company's rights in the event of a dispute between the Company and the Investor regarding or in connection with the Agreement; The legal basis for the processing is Article 6(1) of the Regulation. 1 lit. f) of the Regulation.

For the above purpose, the Company processes the following categories of personal data of Data Subjects:

• identification and contact details of Data Subjects;
• data on the expertise and experience of the Data Subjects;
• information on the Investor's financial background and investment goals;
• data relating to the issuance and redemption of investment shares issued to the Sub-Fund;
• other data specified in the Agreement or communicated by the Investor, or obtained by the Company/Investment Company during the term of the Agreement.

The Company is legally obliged to store the above personal data for the duration of the Agreement. Regardless of the legal obligation, the Company also stores personal data for the purpose of protecting its legitimate interests for the duration of the Contract and further for a period of 3 years from the date of its termination.

The Company does not need the consent of the Data Subject to process the said personal data. The Data Subject provides personal data voluntarily, but their provision is necessary for the conclusion of the Contract and in the event that the Data Subject does not provide personal data, such fact prevents the conclusion of the Contract.

Processing of contact data from the web form

The Company is entitled to process the contact details provided by the Data Subject to the Company via the contact form available on the Company's website. The Company will use the contact details to contact Investors or financial advisors for the purpose of offering investment in the Sub-Fund, for the purpose of organizing investment days or other promotional events of the Company.

For these purposes, contact details may also be provided to the Investment Company, the fund manager or the fund distributor. If there is no other reason for the processing of contact details (e.g. if the Investor is interested in investing in the Sub-Fund or the financial advisor does not express interest in cooperating with the Fund), the contact details will be deleted within 1 month from the moment they were submitted to the Company via the contact form.

By filling in the contact form, the Data Subject expresses his/her consent to the processing of his/her contact data by the Company for the stated purpose.

Marketing use of personal data

In accordance with the Regulation and on the basis of the provisions of Section 7 para. 3 of Act No. 480/2004 Coll., on Certain Information Society Services, as amended, is entitled to send commercial messages to Investors with whom it has concluded a Contract to the e-mail address or telephone number provided for the purpose of further offering investments in the Sub-Funds.

In order to offer investments in the Sub-Funds, the Company may, in accordance with Article 6 para. 1 lit. f) The Regulation also uses other contact details of the Investor including name, surname and address. The legal basis for the processing of personal data in this case is the legitimate interest of the Company in promoting its services.

The Company does not need the consent of the Investors to process the personal data. The processing takes place for the duration of the Contract and further for a period of 1 year from its termination.

The Company may also process the contact details of Data Subjects on the basis of their consent (e.g. for the purpose of sending newsletters). The processing of personal data on the basis of this consent is possible for a period of 1 year from its granting.

The data subject is entitled to object to the processing of his contact data for marketing purposes or to withdraw the consent granted at any time.

1.5 Processing of personal data on the basis of consent

In the event that the Data Subject has given the Company consent to the processing of his/her personal data for a specific purpose and in relation to specific personal data, such processing takes place for the purpose and for the period for which this consent was granted. The consent granted in this way may be withdrawn by the Data Subject at any time. The withdrawal of consent does not affect the lawfulness of the processing of personal data carried out on the basis of the consent until the time of withdrawal.

The Company processes personal data on the basis of consent, in particular for the purpose of sending marketing messages.

2. Controller and other recipients of personal data, other sources of personal data

The Controller of the personal data of the Data Subject, who also carries out their processing, is the Company.

The Company may also use third parties – processors, which may be in particular an Investment Company, marketing agencies or software suppliers, for the purpose of processing personal data.

The Company will transfer the personal data of the Data Subject to third parties, in particular public authorities, only if there is a legal reason for access to the data (e.g. the Czech National Bank or other supervisory authorities with a legal authorisation to access the information) or if it is necessary for the protection of the Company's rights.   The Company also obtains personal data from the Investment Company or from other third parties involved in attracting Investors. These entities usually process the personal data of the Data Subject as separate controllers.

The Data Subject's personal data will not be transferred to third countries outside the EU.

3. Information on the rights of the Data Subject

Right of access and rectification

The data subject has the right to request confirmation from the Company that his or her personal data is being processed and has the right to information about their processing referred to in Article 15 of the Regulation. If the Data Subject believes that inaccurate personal data is being processed, he/she may request their rectification.

Right to erasure

If the conditions of Article 17 of the Regulation are met, the Data Subject may request the erasure of his/her personal data. Such erasure may be requested by the Data Subject, for example, if the Company no longer needs his/her data for the purposes for which they were processed, if the Data Subject withdraws consent to the processing of personal data and the Company has no other legal reason for their processing, or if the Data Subject's personal data has been unlawfully processed. If the Company processes the personal data of the Data Subject for the purpose of fulfilling its statutory obligations, then it cannot delete them before the expiry of the period stipulated by law.

Right to portability

If the processing is based on the consent of the Data Subject or is carried out for the purpose of performing the Contract and is carried out automatically, the Data Subject has the right to receive from the Company the personal data that the Company has obtained from the Data Subject in a commonly used and machine-readable format. At the request of the Data Subject, the Company will transfer such personal data to another controller, if technically feasible.

Right to restriction

In the cases specified in Article 18 of the Regulation, the Data Subject has the right to obtain the right for the Company to restrict the processing of the Data Subject's personal data. These cases include, for example, where the Data Subject denies the accuracy of the personal data; then the Company will limit the processing to the time necessary to verify their accuracy. Another example is if the Data Subject has exercised the right to object, where the Company will restrict the processing until it is verified whether the legitimate reasons of the Company outweigh the legitimate reasons of the Data Subject against the processing.

For the duration of the restriction, the data of the Data Subject, with the exception of their storage, will be processed only with the consent of the Data Subject, or for the establishment, exercise or defence of the Company's legal claims, for the protection of the rights of another person or for reasons of important public interest.

Right to object

If the processing of personal data is carried out for the purposes of the legitimate interests of the Company or a third party, and if the interests or fundamental rights and freedoms of the Data Subject requiring the protection of personal data take precedence over the legitimate interests of the Company or the Data Subject, then the Data Subject has the right to object to such processing. In such a case, the Company will no longer process the personal data, unless it demonstrates compelling legitimate grounds for the processing that outweigh the rights and freedoms of the Data Subject, or grounds for establishing, exercising or defending legal claims.

If personal data is processed for direct marketing purposes, the Data Subject has the right to object at any time without further ado. In such a case, the personal data of the Data Subject will no longer be processed for marketing purposes.

Right to complain

If the Data Subject believes that the processing of his/her personal data has been violated by legal regulations, he/she may file a complaint with one of the supervisory authorities. In the Czech Republic, the supervisory authority is the Office for Personal Data Protection, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, tel: + 420 234 665 111, www.uoou.cz.

Right to withdraw consent

The data subject who has given his or her consent to the processing of personal data has the right to withdraw such consent at any time. However, such a revocation does not affect the lawfulness of the previous processing of personal data.

4. Obligation to update data

According to the Agreement, the data subject is obliged to actively inform the Company or persons authorized by it about changes and thus regularly update their personal data.