INFORMATION MEMORANDUM - Processing of Investors’ Personal Data ARETE INDUSTRIAL SICAV a.s.
1.1 ARETE INDUSTRIAL SICAV a.s. (hereinafter referred to “we”, “us”, or the “Fund”) is a fund of qualified investors that focuses exclusively on investing in high-quality, stable-yielding manufacturing and logistics properties, supplemented by new custom construction to enhance overall returns (more information about the Fund’s company can be found on the Fund’s website at https://www.arete.eu/cs/fond-ind/). The activities of the Fund also involve the processing of personal data of various persons.
1.2 In accordance with 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 – hereinafter the “Regulation”), the purpose of this document is to provide information on how the Fund processes the personal data of its investors.
1.3 The information contained in this document applies in particular to investors, natural persons providing personal data to the Fund and, to the extent applicable, prospective or future investors, as well as former investors. In addition, the information contained herein may also apply to the processing of personal data of other persons if the processing of their personal data is related to the relationship between the Fund and the investor. The information provided herein shall also apply, to the extent applicable, to representatives of investors who are legal persons. For the sake of simplicity, all such persons are hereinafter referred to as “investors”.
2. PERSONAL DATA PROCESSING PRINCIPLES
2.1 When processing investors’ personal data, we honour and respect the highest data protection standards and particularly comply with the following principles:
(a) We process investors’ personal data in a correct, lawful, and transparent manner;
(b) We collect personal data solely for specific, explicit, and legitimate purposes, and we do not further process the personal data in a manner incompatible with such purposes;
(c) The scope of the personal data processing is adequate, relevant, and restricted to the fulfilment of the stated purposes;
(d) We have adopted any and all reasonable measures so as to process solely accurate and updated personal data and so as to erase or rectify any inaccurate personal data without any delay;
(e) We store personal data for the period necessary for the purposes, for which it is processed;
(f) We process personal data only in a manner that ensures its proper security, including its protection by appropriate technical or organisational measures against unauthorised or unlawful processing and against accidental loss, destruction, or damage.
3. IDENTITY AND CONTACT DETAILS OF THE CONTROLLER
3.1 Personal Data Controller The personal data controller is us, i.e. ARETE INDUSTRIAL SICAV a.s., with its registered office at náměstí 14. října 642/17, Smíchov, 150 00 Prague 5, Company ID: 080 31 444, registered in the Commercial Register kept by the Municipal Court in Prague, File No. B 24315.
As the controller, we determine the purposes and means of processing personal data as described in this document. If you have any questions regarding the processing of personal data, you can contact us at the Fund’s headquarters or by e-mail at: email@example.com.
4. PURPOSES AND LEGAL BASIS FOR PROCESSING
The Fund processes investors’ personal data in the following cases:
4.1 The processing is necessary for the purposes of compliance with legal obligations. The Fund, as an entity that is an investment fund for qualified investors, is subject to a number of legal obligations that require the processing of investors’ personal data. Those include:
(a) Obligations arising from the relationship between the investor and the Fund as a shareholder under the Business Corporations Act or the Investment Companies and Investment Funds Act;
(b) Obligations arising from the Fund’s status as an obliged person under the Act on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing;
(c) General obligations arising from the Fund’s status as a business entity, for example under tax and accounting regulations.
4.2 The processing of investors’ personal data is necessary for the purposes of the performance of the contract with investors. This primarily concerns the performance of an investment contract, under which the Fund’s investment shares are subscribed, issued, or redeemed.
In this case, personal data is processed for the purposes of the performance of the contract as such and related activities, including the performance of mutual rights and obligations between the Fund and the investor, the issue, cancellation, exchange, transfer, redemption, purchase, or disposal of investment shares. The personal data processing is a contractual requirement and if the investor does not provide his/her data, it will not be possible to conclude a contract with the investor.
4.3 The processing is necessary for the purposes of protecting the Fund's legitimate interests. The Fund may also process investors’ personal data without their consent if the Fund’s legitimate interests outweigh the investors’ interests or rights and freedoms to protect their privacy and personal data. These are the following legitimate interests of the Fund:
(a) The recovery and defence of the Fund’s legal claims;
(b) Direct marketing, e.g. offering additional investments;
(c) Internal administrative purposes of the Fund and the ARETE Group, analyses, reporting, risk assessment, etc.;
(d) Protection of the Fund’s assets.
4.4 In specific cases the Fund processes personal data for purposes to which none of the aforementioned legal bases apply. In such cases, the processing is based on the investor’s consent, where the investor is also informed of the purposes of such processing and the possibility to withdraw his/her (voluntarily given) consent. The investor is always informed of the details of such processing in connection with the request for his/her consent.
5. CATEGORIES OF PERSONAL DATA CONCERNED
5.1 The Fund processes investors’ personal data to the extent necessary to fulfil the aforementioned purposes. In particular:
a) Investors’ contact and identification data (e.g. name, surname and title, date of birth, permanent address, delivery or other contact address, business address, company ID, telephone, mobile phone, fax, e-mail address);
b) Information regarding the investor’s investment in the Fund (in particular, the amount of the investment, investment shares subscribed, information related to the contract on the commitment to subscribe for investment shares, amount of appreciation of the investment, information on the development of the investor’s investment, etc.);
c) Information related to the mandatory identification and control of investors under the Act on Certain Measures against the Legalization of Proceeds of Crime (information on personal documents, origin of assets, possible political involvement, etc.);
d) Other personal data provided by the investor in connection with his/her investment in the Fund and subscription for investment shares if their processing is necessary for the aforementioned purposes.
5.2 Please note that in necessary cases, investors’ personal data, which is subject to special legal regulation, in particular in connection with the investor’s identification and verification (e.g. the investor’s birth number and ID card number, or bank account and property information), may be processed . In doing so, the requirements of the specific legislation shall always be complied with for the processing of such data.
6. PERSONAL DATA SOURCES
6.1 We obtain personal data mainly from:
(a) Investors when contacted by the investor and in the context of contract negotiations; or in personal and written communication with investors, including by email;
(b) Third parties authorised to handle and transfer investors’ personal data to us, subject to the conditions set out;
(c) Publicly available sources, such as public registers, in particular the commercial register or the insolvency register, where the processing of such data is necessary.
(d) Our own work in evaluating the data resulting from the appreciation of investors’ investments.
7. PERSONAL DATA PROCESSING
7.1 The way in which the Fund, or recipients under its mandate, processes investors’ personal data includes manual and automated processing in information systems.
8. PERSONAL DATA RECIPIENTS
8.1 Investors’ personal data is transferred to third parties who process personal data in the course of the Fund’s business activities as a qualified investor fund pursuant to the Investment Companies and Investment Funds Act. In connection with the performance of the Fund’s activities as a qualified investor fund, personal data is transferred to:
(a) Winstor investiční společnost a.s., Company ID: 083 15 868, which is the manager/administrator of the Fund and which is the common controller of investors’ personal data;
(b) ARETE Capital s.r.o., Company ID: 088 29 420, which is an investment intermediary and part of the ARETE Group; and
(c) ARETE GLP s.r.o., Company ID: 118 62 530, which provides expert advice to the Fund and is part of the ARETE Group.
8.2 For the purpose of fulfilling its obligations or for the purpose of protecting its legitimate interests, the Fund is entitled or directly obliged (i.e. without the investor’s consent) to pass on the investor’s personal data to:
(a) Public authorities in connection with the performance of their legal duties (supervisory authorities, law enforcement authorities, etc.);
(b) Subcontractors of the Fund who need access to this personal data in connection with the performance of their contractual obligations to the Fund (distributors, IT service providers, etc.);
(c) Members of the ARETE Group, a list of which is set out in Annex 1 to this Information Memorandum for the purposes set out therein;
(d) Other entities if it is consistent with the Fund’s duties or legitimate interests (auditors, courts, bailiffs, etc.).
8.3 Where we transfer investors’ personal data to processors, we always exercise due diligence to ensure an adequate level of protection for the personal data processed, in particular by entering into a personal data processing agreement with third parties that contains appropriate safeguards for the personal data processing as observed by the Fund itself in accordance with its legal obligations.
8.4 Investors’ personal data is processed exclusively in the Czech Republic or, where applicable, in the Slovak Republic.
9. PERSONAL DATA PROCESSING PERIOD
9.1 The Fund processes investors’ personal data only for the necessary period of time appropriate to the purpose of the processing while continuously assessing whether there is still a need to process certain personal data necessary for a particular purpose. If we discover that data is no longer required for any of the purposes, for which it has been processed, we will dispose of the data.
9.2 In this context, in general, for the purposes of fulfilling legal obligations, personal data is processed for the period of time specified by law; for the purposes of fulfilling the contract with investors, personal data is processed for the duration of such contract and further until the settlement of all claims arising from the contracts in question where such processing is usually related to the protection of the Fund’s legitimate interests, in particular for the recovery of claims and the defence of the Fund’s legal claims. The period of processing personal data by the Fund for the purposes of legitimate interests, which is assessed on an ongoing basis, does not normally exceed 5 years.
9.3 Where processing is based on consent, the Fund processes personal data for the duration of such consent, usually three years.
10. INVESTORS’ RIGHTS
In particular, investors have the following rights in relation to the personal data processing by the Fund:
(a) Right of Access to Personal Data. The investor has the right to obtain confirmation from the Fund as to whether or not the personal data concerning him/her is being processed and, if so, the right to access such personal data and other specified information. In this case, the Fund will also provide the investor with a copy of the personal data processed.
(b) Right to rectification. The investor also has the right to have inaccurate personal data concerning him/her rectified by the Fund without undue delay. Taking into account the purposes of the processing, the investor has the right to have incomplete personal data completed, including by providing an additional declaration.
(c) Right to erasure (“right to be forgotten”). The investor has the right to have the Fund erase the personal data relating to the investor without undue delay, and the Fund is obliged to erase the personal data without undue delay if one of the grounds set out in the Regulation applies and the Fund is not otherwise entitled to retain the personal data.
(d) Right to restriction of processing. The investor has the right to have the Fund restrict the processing of his/her personal data, in particular if the investor contests the accuracy of the personal data, if the investor objects to the processing, and in other cases provided for in the Regulation.
(e) Right to data transferability. The investor has the right to obtain from the Fund the personal data concerning him/her which he/she has provided to the Fund in a structured, commonly used and machine-readable format and the right to transfer such data to another controller, if the processing is based on the investor's consent or is carried out on the basis of a contract and is carried out by automated means.
11. RIGHT TO WITHDRAW CONSENT AND RIGHT TO OBJECT
Without prejudice to any rights under the previous article 10, the Fund draws particular attention to the following rights:
(a) The right to withdraw consent. In the case of consent-based processing of the investor’s personal data, the investor is not obliged to give his/her consent to the processing and, if he/she does, he/she is also entitled to withdraw his/her consent at any time. If the investor wishes to withdraw his/her consent to the processing of personal data, he/she may contact the Fund using the contact details provided above. Withdrawal of consent does not affect the processing of the investor’s personal data in cases where the investor’s consent is not required.
(b) Right to object. In situations where the investor’s personal data is processed for the purposes of protecting the legitimate interests of the Fund, the investor is entitled to object to such processing. In such a case, the Fund must demonstrate compelling legitimate grounds for such processing under the conditions set out in the Regulation; otherwise, the processing of the personal data shall cease. If the investor’s personal data is processed for direct marketing purposes, the investor has the right to object at any time to the processing of his/her personal data for such marketing, whereupon the Fund’s processing of the personal data for such purposes shall be terminated without delay.
12. RIGHT TO LODGE A COMPLAINT
If the investor believes that the processing of his/her personal data by the Fund violates legal provisions, in particular the Regulation, the investor may address his/her complaint to the Office for Personal Data Protection, address: Pplk. Sochora 27, 170 00 Prague 7, Phone: +420 234 665 111, website: https://www.uoou.cz/.
13. FINAL PROVISIONS
This Information Memorandum shall enter into force and effect as of 1 June 2022, and the current version is posted at https://www.arete.eu/cs/investujte-s-nami/ and is also available at the Fund’s headquarters.
Annex 1 – List of ARETE Group Members
- ARETE INDUSTRIAL SICAV a.s., Company ID: 08031444, Fund of qualified investors;
- ARETE Capital s.r.o., Company ID: 08829420, performance of investment intermediation activities;
- ARETE RE s.r.o., Company ID: 11862327, development of new warehouse facilities, acquisitions;
- ARETE GLP s.r.o., Company ID: 11862530, professional consultancy for the Fund;
- ARETE Property s.r.o., Company ID: 04022521, technical and financial management of the individual real estate and property holdings of the Fund;
- Arete Property SK s.r.o., with its registered office at SKY PARK OFFICES 1, Bottova 2A, 811 09 Bratislava - mestská časť Staré Mesto, Slovakia, Company ID: 52 100 316, technical and financial management of the individual real estate and property holdings of the Fund in Slovakia;
- Companies for the individual real estate projects:
- ARETE Plzen s.r.o., Company ID: 05346096;
- ARETE Valmez s.r.o., Company ID: 05345197;
- ARETE Zdice s.r.o., Company ID: 05345936;
- ARETE Omikron s.r.o., Company ID: 11676744;
- ARETE Theta s.r.o., Company ID: 11676698;
- ARETE Zeta s.r.o., Company ID: 11676493;
- Arete Beta SK s.r.o., Company ID: 50591240;
- Arete Kappa SK s.r.o., Company ID: 51968029;
- Arete Lambda SK s.r.o., Company ID: 51967375;
- Arete Omega SK s.r.o., Company ID: 51967871;
- Arete Sigma SK s.r.o., Company ID: 51969424.