Information on processing of personal data in the company Julius Meinl Investment SICAV a.s.

This document made by Julius Meinl Investment SICAV a.s., Company ID: 216 19 115, with its registered office at Václavské náměstí 838/9, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. B 28878 (hereinafter referred to as the “Company“), which is a qualified investor fund and is listed in the register of investment funds with legal personality maintained by the Czech National Bank in accordance with Section 597(a) of Act No. 240/2013 Coll., on Investment Companies and Investment Funds (“ICIF“), serves to inform about processing of personal data of natural persons who have expressed an interest in investing in the sub-funds established by the Company (“Sub-Funds“) or who have entered into a subscription and redemption agreement for securities with the Company (further referred to as “Investors” or individually as “Investor” and “Agreement“). The manager and administrator of the fund is CODYA investiční společnost a.s., with its registered office at Lidická 1879/48, 602 00 Brno – Černá Pole, Company ID: 068 76 897, registered in the Commercial Register maintained by the Regional Court in Brno under file no. B 7923 (“Investment Company“).

This information relates to processing of personal data (i) of those Investors who are natural persons and (ii) of natural persons who represent an Investor, which is a legal entity, in dealings with the Company (“Data Subjects“).

1. Purpose, Scope, and Duration of Personal Data Processing

Processing of personal data for the purposes of fulfilling contractual relationships, complying with obligations under ICIF and other regulations, and protecting the legitimate interests of the Company 

The Company is, in accordance with applicable legal regulations, particularly 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) (“Regulation“), authorized to process the personal data of the Data Subjects, which the Data Subject provided when entering into the Agreement and during its term, and for the purpose of:

• entering into and fulfilling the Agreement by the Company; the legal basis for processing is Article 6(1)(b) of the Regulation;

• protecting the legitimate interests of the Company, which are understood to be 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 concerning the Agreement or in connection with it; the legal basis for processing is Article 6(1)(f) of the Regulation.

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

• identification and contact details of the Data Subjects;

• information about the professional knowledge and experience of the Data Subjects;

• information about the financial background and investment objectives of the Investor;

• data related to the issuance and redemption of investment shares issued by the Sub-Fund;

• other data provided in the Agreement or disclosed by the Investor or obtained by the Company / Investment Company during the term of the Agreement.

The Company is legally required to retain the aforementioned personal data for the duration of the Agreement. Regardless of the legal obligation, the Company also retains personal data to protect its legitimate interests for the duration of the Agreement and further for a period of 3 years from the date of its termination.

For processing of the specified personal data, the Company does not need the consent of the Data Subject. The Data Subject provides personal data voluntarily, but its provision is necessary for conclusion of the Agreement, and failure to provide the personal data by the Data Subject will prevent conclusion of the Agreement.

• Processing of contact details from the web form 

The Company is authorized to process details data that the Data Subject provided to the Company through the contact form available on the Company’s website. The Company will use these 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, the contact details may also be provided to the Investment Company.

If there is no other basis for processing contact details (e.g., if the Investor does not express interest 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 monent they were provided to the Company through the contact form.

By filling out the contact form, the Data Subject expresses their consent with processing of their contact details by the Company for the specified purpose.

• Marketing use of personal data 

The Company is authorized, in accordance with the Regulation and based on Section 7(3) of Act No. 480/2004 Coll., on certain services of the information society, as amended, to send commercial communications to the Investors with whom it has concluded the Agreement, to the email address or phone number provided, for the purpose of further offering investments in the Sub-Funds.

For the purpose of offering investments in the Sub-Funds, the Company may also use other contact details of the Investor, including their name, surname, and address, in accordance with Article 6(1)(f) of the Regulation. The legal basis for processing personal data in this case is the Company’s legitimate interest in promoting its services.

The Company does not need the consent of the Investors for the processing of the specified personal data. Processing takes place for the duration of the Agreement and further for a period of 1 year after its termination.

The Company may also process the contact details of Data Subjects based on their consent (e.g., for the purpose of sending newsletters). Processing of personal data based on this consent is possible for the period of 1 year from the date it was granted.

The Data Subject has the right to object to the processing of their contact details for marketing purposes or to withdraw their consent at any time.

• Processing of personal data on the basis of consent 

In case the Data Subject has granted the Company consent to process their personal data for a specific purpose and in relation to specific personal data, such processing takes place for the purpose and duration for which the consent was granted. Such consent can be withdrawn by the Data Subject at any time. Withdrawal of consent does not affect the lawfulness of the personal data processing carried out based on the consent before its withdrawal.

The Company processes personal data based on consent primarily for the purpose of sending marketing communications.

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 performs their processing, is the Company.

The Company may also use third parties – processors, which may include the Investment Company, marketing agencies, or software suppliers, for the purpose of processing personal data. The current list of processors will be available on the Company’s website www.thejuliusfund.cz.

The Company will transfer personal data of the Data Subjects to third parties, in particular to the public authorities, only if they have a legal reason to access the data (e.g., the Czech National Bank or other supervisory authorities with legal authorization to access information) or if it is necessary to protect the rights of the Company. The Company also obtains personal data from the Investment Company or other third parties involved in acquiring Investors. These entities generally process the personal data of the Data Subject as separate controllers.

Personal data of the Data Subject 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 their personal data are being processed and has the right to information about their processing as stated in Article 15 of the Regulation. If the Data Subject believes that inaccurate personal data are being processed, they can 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 their personal data. For example, the Data Subject can request such erasure if the Company no longer needs their data for the purposes for which they were processed, if the Data Subject withdraws their consent to the processing of personal data, and the Company has no other legal reason for processing them, or if the personal data of the Data Subject were processed unlawfully. If the Company processes the personal data of the Data Subject to fulfill its legally established obligations, it cannot erase them before the legally established period expires.

• Right to data portability

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

• Right to restriction of processing

In cases specified in Article 18 of the Regulation, the Data Subject has the right to have the Company restrict processing of their personal data. These cases include, for example, situations where the Data Subject contests the accuracy of the personal data; in this case, the Company will restrict processing for the time necessary to verify their accuracy. Another example is when the Data Subject has exercised the right to object; the Company will restrict processing until it is verified whether the legitimate grounds of the Company override the legitimate grounds of the Data Subject for objecting to the processing.

During the restriction period, the Data Subject’s data, except for storage, will be processed only with the consent of the Data Subject or for the establishment, exercise, or defense of legal claims, to protect the rights of another person, or for reasons of important public interest.

• Right to object

If personal data processing is carried out for the purposes of the legitimate interests of the Company or a third party, and 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 this case, the Company will no longer process the personal data unless it demonstrates compelling legitimate grounds for processing that override the rights and freedoms of the Data Subject or reasons for the establishment, exercise, or defense of legal claims.

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

• Right to lodge a complaint

If the Data Subject believes that their rights have been violated in the processing of their personal data, they can lodge a complaint with a supervisory authority. In the Czech Republic, the supervisory authority is the Office for Personal Data Protection, located 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 consent to the processing of personal data has the right to withdraw that consent at any time. However, such withdrawal does not affect the lawfulness of the processing already carried out on the basis of the consent before its withdrawal.

4. Duty to update the data 

The Data Subject is required under the Agreement to actively inform the Company or its authorized persons of any changes and to regularly update their personal data.