Controller identification and contact details
The personal data controllers providing the information set out in this document are:
- Conseq Investment Management, a.s., registration number: 26442671, registered office: Rybná 682/14, Staré Město, 110 00 Praha 1, incorporated by entry in the Commercial Register kept by the Municipal Court in Prague, Section B, File 7153,
- Conseq Funds investiční společnost, a.s., registration number: 24837202, registered office: Praha 1, Rybná 682/14, 110 05, incorporated by entry in the Commercial Register kept by the Municipal Court in Prague, Section B, File 17126,
- Conseq penzijní společnost, a.s., registration number: 27916430, registered office: Rybná 682/14, Staré Město, 110 00 Praha 1, incorporated by entry in the Commercial Register kept by the Municipal Court in Prague, Section B, File 12020, and
- QI investiční společnost, a.s., registration number: 27911497, registered office: Rybná 682/14, Staré Město, 110 00 Praha 1, incorporated by entry in the Commercial Register kept by the Municipal Court in Prague, Section B, File 11985
(hereinafter also referred to severally as the “Company” or “Controller” and jointly as “Conseq Group”).
- telephone: +420 225 988 225
- fax: +420 225 988 202
- email: firstname.lastname@example.org
In relation to personal data collected for the conclusion of contracts on the procurement of the purchase and sale of investment instruments and contracts on investment instrument portfolio management, the personal data controllers are Conseq Investment Management, a.s. and Conseq Funds investiční společnost, a.s. or QI investiční společnost, a.s. (depending on which of these investment companies is the administrator of the fund whose units or investment shares are included in the portfolio under the contract).
In relation to personal data gathered for the conclusion of contracts on supplementary pension schemes and contracts on supplementary pension savings, the personal data controllers are Conseq Investment Management, a.s. and Conseq penzijní společnost, a.s.
Purpose and scope of personal data processing
Conseq Group companies process personal data for the following purposes:
- the performance of contracts under which the company provides services to a client;
- compliance with legal obligations imposed by legislation (e.g. Act No 256/2004 on business on the capital market, Act No 240/2013 on investment companies and investment funds, Act No 427/2011 on supplementary pension savings and Act No 253/2008 on certain measures to combat money laundering and terrorist financing);
- marketing and business purposes (such as offers of products and services, the sending of commercial communications, and invitations to cultural events).
Conseq Group processes the personal data of its clients and potential clients to the extent such data is provided upon conclusion of a contract or in contractual negotiations, or communicated by the client at a later stage during the contractual relationship, and to the extent such data is recorded in the client account contractually maintained for the client by the company. This personal data includes, without limitation: the client’s given name and surname, date and place of birth, personal identification number, permanent address or other contact address, nationality, telephone number, email address, number and expiry date of identity card, information on the body issuing the identity card, the amount of funds or investment instruments in the client’s account maintained by the company, the spread of the client’s annual income, the subject of the client’s activity (employment, business), and the value of the client’s assets.
Conseq Group also processes the personal data of persons other than clients or potential clients, particularly for marketing purposes, to the extent that such data is provided to it by those persons, and to the extent that such persons have given consent to Conseq Group to process personal data. This personal data includes, without limitation: the person’s given name and surname, address, email address, and telephone number.
Conseq Group processes copies of identity cards only where this is required of it by law (in particular by Act No 253/2008 on certain measures to combat money laundering and terrorist financing), or if the identity card holder gives consent to making and processing of a copy of the identity card.
Conseq Group also processes a client’s dynamic biometric signature if the client signs a contract with a dynamic biometric signature.
Personal data is processed both manually and by automated means using computer technology.
Controller’s legitimate interests
Conseq Group also processes clients’ personal data for purposes of direct marketing, on the basis of its legitimate interest in promoting its products and services.
Recipients of personal data
Personal data is processed by Conseq Group employees, whose work includes activities requiring the processing of personal data.
Conseq Group may provide personal data to processors, such as investment intermediaries, in respect of the personal data of clients whose contracts are managed by the investment intermediary, or to companies that contractually carry out activities requiring the processing of personal data for the company (e.g. the sending of statements of investment accounts).
Conseq Group may also, where necessary, provide personal data to supervisory authorities (e.g. the Czech National Bank), law enforcement agencies or other administrative bodies if required to meet statutory obligations.
Period of personal data processing
Conseq Group processes personal data for the duration of a contractual relationship with a client and thereafter for the period it is statutorily required to retain personal data. Even if no contract is concluded between the company and a potential client, Conseq Group retains the potential client’s personal data for as long as it is required to do so by law.
Where Conseq Group processes personal data on the basis of consent given to process such personal data, it does so for the period for which the consent has been given or until the consent is withdrawn.
Rights of persons whose personal data is processed
A person whose data is processed by any of the Conseq Group companies is also referred hereinbelow as a “data subject”.
A data subject has the right to object to the processing of personal data at any time. Where personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning him or her for such marketing, and the controller will then terminate the processing of such personal data for direct marketing purposes.
A data subject has the right to ask Conseq Group to confirm whether it is processing personal data concerning the data subject. Where Conseq Group processes the personal data of a data subject, the data subject has the right to access such personal data and to receive information on the purpose of the processing, the categories of personal data concerned, the recipients of the personal data, the planned processing period, and the data subject’s rights in relation to the processing of personal data.
A data subject has the right to the rectification of inaccurate personal data and to the supplementation of incomplete personal data.
A data subject also has the right to the erasure of personal data:
- no longer necessary for the purposes for which it was processed;
- if the data subject withdraws consent to the processing of personal data and there are no other legal grounds for the processing;
- if the data subject objects to processing where there are no predominant legal grounds for the processing;
- processed unlawfully;
- where erasure is necessary to fulfil a legal obligation; or
- collected in relation to an offer of information society services to a child under 13 years of age.
A data subject also has the right to the restriction of personal data processing:
- where the accuracy of the personal data is contested by the data subject, for the period necessary to verify the accuracy of the personal data;
- where the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- where the controller no longer needs the personal data for the purposes of the processing, but the personal data is required by the data subject for the establishment, exercise or defence of legal claims;
- where the data subject has objected to processing pending verification of whether the legitimate grounds of the controller override those of the client.
The data subject also has the right to the portability of personal data processed with consent or for purposes of contractual performance, i.e. the right to receive personal data which he or she has provided to the controller, in a structured, commonly used and machine-readable format, and the right to transmit that data to another controller, or the right to have the personal data transmitted directly from one controller to another, where technically feasible.
Where personal data is processed with consent, the data subject has the right to withdraw that consent at any time. However, this is without prejudice to the lawfulness of the processing of personal data prior to the withdrawal of consent.
The data subject has the right to file a complaint at any time with the Office for Personal Data Protection if he or she believes there has been a violation of the law.
Voluntary provision of personal data
The provision of personal data to Conseq Group is voluntary. Nevertheless, failure to provide personal data prevents Conseq Group from entering into a contract with the client and providing the client with the required service. Clients interested in entering into a contract with Conseq Group must provide personal data as this is required by law.
This document enters into force on 25 May 2018