Personal data protection
PART I
INTRUDOCTORY INFORMATION
The company CREAM SICAV, a.s., PIN: 28545320, based on Nuselská 262/34, 140 00, Prague 4, hereby as an administrator of the personal data has the honor to inform you here about the way and extent of processing of the personal data as well as about the rights resulting from this for the company.
Personal data are processed in compliance with the Law of European Union especially in compliance with the Directive of European Parliament and EU Committee n. 2016/679 regarding protection of physical entities concerning processing of personal data and free movement of these data and concerning cancellation of the Directive 95/46/ES (general regulation regarding personal data protection), (further only „Regulation GDPR“), likewise in compliance with international contracts which are mandatory for the Czech Republic, especially in compliance with an Arrangement regarding protection of persons with respect to automatic processing of the personal data n. 108, promulgated under n. 115/2001 Coll, inter.contracts, and likewise in compliance with relevant domestic legal regulations, especially the Law n. 101/2000 Coll., regarding protection of the personal data and change of certain laws, as amended by later directives (further only “ZOOU“).
For purposes of compliance with informational duty imposed on the administrators of personal data with aim to mention respective persons other information regarding processing their personal data from the side of the company CREAM SICAV, a.s., respective other companies which with it forms a Holding (see Part II of this document), the company CREAM SICAV, a.s. publishes this document which describes principles of protection of personal data (further only "Principles of protection"), which is, at the same time, published in the way for relevant persons to have easy and perpetual access to it.
PART II
INFORMATION ABOUT ADMINITRATOR OF PERSONAL DATA
The administrator of personal data is the company CREAM SICAV, a.s., PIN 28545320, based on Nuselská 262/34, 140 00, Prague 4, under n. B 15122 by the Municipal Court in Prague (further only “ the Company CREAM“).
The company CREAM together with other companies, whose list you can find here, create a Holding (further only „Holding“). With regard to existence of the Holding its particular companies decided to conclude a contract in terms of the Article n. 26 Regulation GDPR regulating arrangement of united administrators (CONTRACT BETWEEN UNITED ADMINISTRATORS OF PERSONAL DATA). United administrator of your personal data then can be any company different from the company CREAM, if it is part of the Holding. These principles of protection are valid not only for the company CREAM, but for all other companies within the Holding. If there is, in the part III or IV of these principles, mentioned the company CREAM, it is at the same time meant any other company within the Holding, which is at the same time the united administrator.
Regarding matters of personal data protection, you can, with your requests, suggestions, appeals or claims, turn to the company CREAM, namely:
- in writing or personally on address: CREAM SICAV, a.s., Vavrečkova 5657, 760 01 Zlín;
- by e-mail: info@creamfond.cz or data box: i9jfx54;
- telephone: 573 776 300.
The company CREAM was also selected as a contact place regarding protection of personal data for other companies within the Holding. If it is the matter of protection of personal data and concerns any company within the Holding you can primarily turn to the company CREAM with your request, appeal, suggestion or claim, respectively in any form mentioned above. Naturally, you have right to turn to relevant company within the Holding with your request, appeal, suggestion or claim on contacts which are mentioned in the list of companies within the Holding.
PART III
INFORMATION REGARDING CHARACTER OF PROCESSED PERSONAL DATA, GROUNDS AND PURPOSES OF PROCESSING
A) Determination of physical entities whose personal data processes the company CREAM
The company CREAM processes your personal data if you are in position of:
a) A participant of a basic labor-law relation in the term of the § 7 of the Law n. 262/2006 Coll., of the Labor Code as amended by later directives to the company CREAM, respectively a job applicant by the company CREAM within some from basic labor-law relations.
b) A partner, confidential clerk, statutory organ or a member of statutory or other organ of the company CREAM,
c) A participant of contract or agreement concluded with the company CREAM, a submitter or addressee of draft of contract or agreement with the company CREAM, a participant of contract process with the company CREAM or a person, which initiates or anyhow shows interest concerning performance provided or offered by the company CREAM, or opposite, by who the company CREAM asks for provision of performance or anyhow shows the interest about,
d) A participant of other legal relations with the company CREAM, then the relations are mentioned under the letters a) to c) above,
e) A member of statutory organ, statutory organ, confidential clerk, and a bearer of other kind of authorization ,if you in relation with the company CREAM represent a legal entity at same position as have physical entities mentioned under b), c) or d) above,
f) Persons recorded in visual recordings made by the camera systems operated by the company CREAM, respective registered as a visitor of the properties or any other spaces of the company CREAM,
g) Person who gave the company CREAM consent for processing of personal data.
B) Category and source of personal data processed by the company CREAM
The subjects of processing by the company CREAM are following personal data:
a) Identification Data: name, surname, date of birth, identification number(social security), type and number of ID card, signature, and by physical entities if there comes to conclusion of contract or another activity connected with performance of his/her entrepreneur or free-lance activity also Business Identification Number, Tax Identification Number and contingent registration by the Commercial Register, therefore these are the personal data through which is possible to clearly and unmistakably identify the person;
b) Contact data: domicile, delivery address or another contact address, email address for reception of electronic correspondence, number of data box is there is any, telephone number, thus these are the personal data which enable the company CREAM to contact you, respective to deliver you, written information;
c) Other specific personal data: bank account number, photography, achieved education, absolved trainings, health condition etc.,
d) Visual, possibly audio, identification data in the form of camera record made by the camera system (see the article C) “ Legal grounds and purposes for personal data processing by the company CREAM“, ad letter. d) “Legitimate interests of the company CREAM or third subjects, in this Part III“).
Naturally the extent of the personal data which processes the company CREAM will differ in particular cases with regard to legal ground for processing concerning the particular case and the purpose of processing itself. You have, of course, right to find out from the company CREAM which personal data, for which legal ground and for which purposes are the data being processed (see Part V - principles of protection).
The source of personal data which are processed by the company CREAM will be you (thus information you will submit), public registers (i.e. Real Estate Register, Commercial Register, ASRES) or third subjects.
C) Legal grounds and purposes for processing of personal data by the company CREAM
In compliance with the directive GDPR the company CREAM processes the personal data only in cases where it is supported by legal ground and only for the purposes when is possible to subordinate them under the legal ground, respectively for purposes that you will specify and approve.
The legal grounds which enable the company CREAM process your personal data are:
a) Consent that you grant,
b) Processing is necessary for execution of contract, whose contract party you are or for execution of measures accepted before conclusion of the contract if you asked for theses measures,
c) Processing is necessary for performance of legal obligation which refers to the company CREAM as the administrator,
d) Processing is necessary for performance of legal obligation which refers to the company CREAM,
e) Processing is necessary for purposes of legitimate interests of the company CREAM or third subject.
Ad a) Consent
If the legal title for processing of personal data is consent granted by you the company CREAM processes only the personal data with whose processing you agree and only for the purposes clarified in the consent. Your consent is, for example, conditioned processing of personal data due to direct marketing (i.e. offering products and services of the company) including forwarding of business notes by the Act n. 480/2004 Col., regarding several services of an informational company or use of effigies and visual records for marketing and promotional purposes.
Ad b) Performance of the contract whose part you are or execution of measures adopted before conclusion of the contract upon your request
The company CREAM gathers and processes personal data in extent which is necessary for conclusion or modification of particular contract and also for its performance. Delivery of the personal data by the subject of the data is voluntary, at the same time, this delivery of these personal data is a basic presumption for conclusion or modification of given contract, respectively provision of contracted services, whereas there the delivery of the personal data primarily serves for clear and unmistakable identification of the subject of the data. In some case is the extent of delivered personal data directly determined by generally known mandatory legal regulation (for instance the Law n. 256/2013 Coll., regarding the Property Register).
Ad c) Performance of legal obligation related with the company CREAM as the administrator
The company CREAM processes personal data also due to performance of legal obligation which is applicable for it and which is generally defined by generally mandatory legal directives. This obligations arise, for example, from the Law n. 89/2012 Coll., of the Civil Code as amended by the later directives, the Law n. 235/2004 Coll., regarding VAT as amended in later directives, the Law n. 563/1991 Coll., regarding accountancy, the Law n.262/2006 of the Labor Code as amended by later directives.
Ad d) Legitimate interests of the company CREAM or third subjects
Legitimate interest whether own or of third subjects which authorizes the company CREAM to process personal data is quite wide comprehension. With reference to legitimate interest the company CREAM, for example, processes personal data which are necessary for communication with customers or applicant due to performance provided by the company CREAM, whether it is information transfer, solution of requests, wishes and complaints or directly enforced claims from faulty performance as well as forwarding messages, confirmations and notices regarding realization of particular trade, eventually forwarding of further business offers for already existing customers etc.. The company CREAM furthermore welcomes legitimate interest for processing of personal data if this happens due to purpose of proof, exercitation, respective protection, of own rights and the right of protected interests toward involved persons. With regard to legitimate interest the company CREAM also manages contracts evidence as well as of court, arbitrations and administrative procedures where the company CREAM participates and eventually other evidences of persons with which the company CREAM comes into relations.
Legitimate interest of the company CREAM or third subjects is further protection of fixed assets, personal vehicles which are parked in the areas reserved for the company CREAM, eventually protection of property, life and health of the landlords, users and visitors of the buildings, their sections and other areas owned or rented by the company CREAM. For his reason we operate (or more accurately is operated by one from the united administrators – the company CREAM Real Estate s.r.o.) a camera system, where comes to recording and storage of visual recordings of the subjects moving there, eventually we monitor at receptions persons entering these areas.
PART IV
PROCESSING AND RETENTION TIME OF PERSONAL DATA, PROCESSORS AND RECIPIENTS OF PERSONAL DATA
A) Way of processing and protection of personal data
The company CREAM processes the personal data manually and also automatically by electronic systems. Yet the company CREAM does not do such processing of personal data which would lead to computerized decision making.
The protection of personal data is technically and organizationally provided by the company CREAM in compliance with legislative for personal data protection.
B) Principles of personal data processing
The company CREAM thoroughly respects principles of personal data processing of involved persons and their privacy, whereas it enforces keeping of basic legal personal data processing principles namely that the personal data have to be especially:
a) Obtained for particularly defined, specified and legitimate purpose;
b) Legal way, fairly and transparently processed;
c) Processed reasonably, relevantly with limited extent which is necessary for achievement of given purpose of their processing;
d) Correct and upgraded according to need;
e) Kept in the form, which enables the best identification of involved persons till it is necessary, due to the purposes for which they were processed;
f) Processed in the way which ensures sufficient safety of personal data, including protection against unjustified or illegal processing and coincidental loss, damage or destruction namely by the help of corresponding technical or organizational provisions.
The company CREAM announces, without any unnecessary delay, breach of protection of personally data to involved person in case of breach of protection of personal data which will probably lead to high risk related to rights and freedom of physical entities if there is not met some from the conditions for waiver of notification duty.
C) Processors and recipients of personal data
Our personal data are processed by the company CREAM, nevertheless on their processing can participate also persons who provide services or performance for the company CREAM with which is processing of the personal data connected (for instance persons providing accounting services, salaries agenda, archive services, external financing, collecting agencies etc.. Processing of personal data by persons other than from the company CREAM is nevertheless conditioned by the fact that these persons implemented and perform provisions, related to protection of personal data, on level requested by GDPR directive and other general binding rules of law and that the company CREAM concluded with them due contracts related to personal data processing.
The company CREAM provides processed personal data to other persons if they are:
a) Other companies within the Holding,
b) Providers of performance and services if is with those connected processing of the personal data,
c) Public authority organs, such as: courts, public administration bodies, Police CR, court executors and other persons performing acts of public administration.
The company CREAM does not have any intention to forward personal data to third countries or international organization.
D) Retention period of personal data
The company CREAM keeps the personal data of involved persons only for necessary period of time which depends on purpose and reason for their processing, however especially on:
a) Period of duration of contracted relation based on the contract or period of validity of pre-contractual relations, if processes the personal data based on legal base of performance of the contract or in connection with proceeding, concerning its conclusion, respectively, until termination of the period, for which is possible to claim rights from concluded contract or in connection with it , eventually, in connection with a pre-contractual relation or till legitimate decision of legal process connected with given contract or pre-contractual relation and performance of possible decision,
b) Period required by a competent generally binding legal provisions if processes personal data due to performance of own legal obligations;
c) Period of duration of justified interest of involved person or another physical entity if is the processing of personal data necessary due to his/her existence, possibility of risk of life, health or property;
d) Period of duration of justified interest which monitors the company CREAM if is processing of personal data necessary for this purpose;
e) Period clearly mentioned in the consent or till its revocation if processes personal data based on the consent.
After termination of the period for keeping of personal data according to particular legal basics of their processing is the company CREAM authorized to process personal data of involved person only for compatible purposes or special purposes as are, for example, archiving or statistic.
PART V
RIHGTS OF DATA SUBJECTS
If the company CREAM processes your personal data you have right to see your personal data. You have also right to obtain a copy of processed data and if you want to use this opportunity you can turn to the company CREAM in the way, as is it described in the PART II - Principles of protection, even in case of other companies within the Holding.
Other rights which you, as a subject of the data, wield are:
a) Right to correct information with which is connected duty of the administrator to correct, without any unnecessary delay, the incorrect personal data related to you,
b) Right to limit processing of personal data, which are related to you, in case that you:
- deny accuracy of personal data namely for the period necessary for verification of their accuracy,
- The company CREAM processes the personal data illegally,
- The company CREAM does not longer need the personal data for purposes of processing, yet you require them for determination, performance or defense of legal claims,
- Raise objection against processing of personal data related to you in compliance with the Article 21 par. 1 of the GDPR Directive,
c) Right to erase personal data, related to you, which you have in case that:
- The company CREAM does not longer need to process your personal data,
- You successfully raised objection against processing of personal data according to the Article 21 par. 1 of the GDPR Directive,
- There came to illegal processing of your personal data,
- You revoked the consent with use of your personal data in case that your consent was reason to process the personal data.
d) Right to transfer the personal data which authorizes you to ask for a handover of your personal data in electronic way in structured, commonly used and machine readable format provided to you, eventually, to another administrator if there are, at the same time, fulfilled further conditions resulting from the Article 20 of the GDPR Directive.
e) Right to fill a complaint by Supervisory Authority, this is:
Úřad pro ochranu osobních údajů (Bureau for Protection of Personal Data), Pplk. Sochora 27, 170 00 Prague 7, the Czech Republic,
tel: +420 234 665 111, fax +420 234 665 444,
E-mail: posta@uoou.cz, web: http://www.uoou.cz/
CREAM SICAV, a.s.