PRIVACY NOTICE – ZÁSADY OCHRANY OSOBNÍCH ÚDAJŮ

PRIVACY NOTICE

This notice describes how APS Investments s.r.o. (the “Controller” or “APSI”) handles personal data it obtains in connection with your prospective or current business or other relationship or activity in which you come into contact with APSI. This notice complies with the General Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), according to which you have the right to be informed about the data that various processors hold and process about you and about your rights in relation to such data.

This notice does not apply to the processing of personal data of the Controller’s employees.

1. PROCESSING OF PERSONAL DATA

The following categories of personal data are processed:

  • Identification data (e.g. name, surname);
  • Contact details (e-mail address, postal address, telephone number),
  • Information about your use of our products and services, including information in your requests for products and services;
  • Information from our personal, telephone and electronic communications with you;
  • Information from the web browser you use or mobile applications;
  • Financial situation and creditworthiness;
  • Know Your Customer (KYC) and anti-money laundering (AML) information, including information necessary to verify identity, beneficial ownership, source of funds, source of wealth, politically exposed person (PEP) status, sanctions screening results, ownership and control structure, and other information required under applicable anti-money laundering and counter-terrorist financing laws;
  • Any information processed by the Controller in connection with the performance of a contract, compliance with a legal obligation, or for the purposes of the Controller’s legitimate interests.

(hereinafter referred to as “personal data”).

2. SOURCES OF PERSONAL DATA

APSI may obtain personal data either directly from you or from other legitimate sources, depending on the nature of the relationship and services provided.

APSI may collect personal data from the following sources:

  • information provided directly by you, including through correspondence, contractual documentation, customer due diligence (KYC) procedures, questionnaires, applications, requests and other communications;
  • entities within the APS Group;
  • counterparties, business partners, service providers and professional advisers involved in a transaction or business relationship;
  • sellers of receivables, lenders, financial institutions and other entities from whom APSI or its affiliates acquires receivables, loans or other assets;
  • insolvency administrators, bankruptcy trustees, courts, notaries, enforcement officers and other parties involved in judicial, insolvency, enforcement or similar proceedings;
  • publicly available registers, databases and information sources, including commercial registers, insolvency registers, beneficial ownership registers, sanctions lists and other publicly accessible sources;
  • providers of identity verification, fraud prevention, anti-money laundering (AML), sanctions screening and other compliance-related services;
  • regulatory authorities, public authorities and other entities where permitted or required by law.

Where required by applicable law, APSI may collect and process copies of identification documents and other information necessary to comply with legal and regulatory obligations, including anti-money laundering and counter-terrorist financing requirements.

Personal data may be processed manually or by automated means using appropriate technical and organisational measures designed to ensure the security and confidentiality of personal data.

3. PURPOSES AND LEGAL BASES OF PROCESSING

APSI processes personal data only where it has an appropriate legal basis under the GDPR. Depending on the nature of the relationship with you, APSI may process personal data for the following purposes and on the following legal bases:

Purpose of processing Categories of data subjects Legal basis
Advisory on acquisition, valuation, management and recovery of receivables and other investments, including due diligence and pricing activities Debtors, guarantors, counterparties, investors, representatives of business partners Legitimate interest pursuant to Art. 6(1)(f) GDPR
Administration and performance of contracts, including investment agreements, sale and purchase agreements, supplier contracts and other commercial arrangements Investors, buyers, suppliers, business partners Performance of a contract or pre-contractual measures pursuant to Art. 6(1)(b) GDPR
Customer due diligence (KYC), anti-money laundering (AML), sanctions screening, prevention of fraud and compliance with regulatory obligations Investors, beneficial owners, directors, authorised representatives, business partners Compliance with legal obligations pursuant to Art. 6(1)(c) GDPR
Advisory on management of insolvency, bankruptcy, restructuring, enforcement and litigation proceedings, including exercise and defence of legal claims Debtors, creditors, counterparties, legal representatives Legitimate interest pursuant to Art. 6(1)(f) GDPR and, where applicable, compliance with legal obligations pursuant to Art. 6(1)(c) GDPR
Communication with investors, customers, debtors, suppliers, business partners and their representatives Relevant individuals involved in a business relationship Performance of a contract pursuant to Art. 6(1)(b) GDPR or legitimate interest pursuant to Art. 6(1)(f) GDPR
Internal administration, intra-group cooperation, risk management, compliance, audit, reporting, IT/security support and group governance activities, including sharing of personal data within the APS Holding group where necessary for these purposes Investors, debtors, counterparties, suppliers, representatives and employees of business partners, beneficial owners and other individuals involved in APSI’s business activities. Legitimate interest pursuant to Article 6(1)(f) GDPR; where applicable, compliance with legal obligations pursuant to Article 6(1)(c) GDPR or performance of a contract pursuant to Article 6(1)(b) GDPR.
Compliance with accounting, tax, corporate, regulatory and other legal requirements Relevant individuals whose data are included in mandatory records Compliance with legal obligations pursuant to Art. 6(1)(c) GDPR
Marketing communications relating to APSI products and services Clients and prospective clients Legitimate interest pursuant to Art. 6(1)(f) GDPR or consent pursuant to Art. 6(1)(a) GDPR, where required by law
Organisation of conferences, events and educational activities Participants and invitees Legitimate interest pursuant to Art. 6(1)(f) GDPR or consent pursuant to Art. 6(1)(a) GDPR, where required

Legitimate interests

Where APSI relies on Article 6(1)(f) GDPR, its legitimate interests may include:

  • carrying out its advisory activities in the area of investment and asset management;
  • advising on acquiring, managing and recovering receivables;
  • conducting business operations efficiently;
  • protecting its assets, rights and legal position;
  • preventing fraud and other unlawful activities;
  • ensuring group-wide governance, compliance and risk management;
  • promoting and developing its products and services;
  • ensuring efficient administration of APSI’s business activities, including cooperation with affiliated entities, group-wide governance, compliance, risk management, information security, internal controls, legal support and protection of legal rights.

You have the right to object to processing based on legitimate interests in accordance with Article 21 GDPR.

4. IS THE PROVISION OF PERSONAL DATA MANDATORY?

In certain circumstances, the provision of personal data is required by law, necessary for the performance of a contract, or a prerequisite for entering into a contractual relationship with APSI. Failure to provide such personal data may result in APSI being unable to establish or maintain a business relationship, complete a transaction, comply with legal obligations, perform customer due diligence requirements or provide requested products or services.

Where the provision of personal data is voluntary, APSI will inform you accordingly.

5. HOW IS PERSONAL DATA PROCESSED?

The processing of your personal data may be carried out manually or automatically. However, none of the personal data collected is used for automatic decision-making. Your personal data is processed mainly by the designated employees of the Controller, but also by external processors (accountants, lawyers) with whom the Controller has concluded a contract for the processing of personal data, which contains all the necessary guarantees regarding the processing of personal data.

6. INTERNATIONAL TRANSFERS OF PERSONAL DATA

APSI primarily processes personal data within the European Economic Area (“EEA”). However, in certain circumstances, personal data may be transferred to recipients located outside the EEA, including affiliated companies, service providers, professional advisers, or counterparties involved in a transaction.

Where personal data is transferred to a country that has not been recognized by the European Commission as providing an adequate level of data protection, APSI will ensure that appropriate safeguards are implemented in accordance with Chapter V of the GDPR. These safeguards may include:

  • Standard Contractual Clauses approved by the European Commission;
  • an adequacy decision adopted by the European Commission;
  • other lawful transfer mechanisms recognized under the GDPR.

7. DATA SUBJECT RIGHTS

APSI is committed to ensuring that personal data is processed lawfully, fairly and transparently. Subject to applicable legal requirements and limitations, you have the following rights:

Right of access

You have the right to obtain confirmation as to whether APSI processes your personal data and, where this is the case, to obtain access to such personal data and information relating to the processing.

Right to rectification

You have the right to request correction of inaccurate personal data and completion of incomplete personal data.

Right to erasure

You have the right to request deletion of your personal data where:

  • the personal data is no longer necessary for the purpose for which it was collected;
  • you withdraw your consent and no other legal basis exists for the processing;
  • you object to processing and there are no overriding legitimate grounds for the processing;
  • the personal data has been processed unlawfully;
  • deletion is required by law.

Right to restriction of processing

You have the right to request restriction of processing under the conditions set out in Article 18 GDPR.

Right to data portability

Where processing is based on consent or on a contract and carried out by automated means, you have the right to receive personal data you have provided to APSI in a structured, commonly used and machine-readable format and to transmit that data to another controller.

Right to object

Where APSI processes personal data on the basis of its legitimate interests, you have the right to object to such processing on grounds relating to your particular situation.

Where personal data is processed for direct marketing purposes, you have the right to object at any time. In such case APSI will cease processing personal data for direct marketing purposes.

Right to withdraw consent

Where processing is based on your consent, you may withdraw that consent at any time. Withdrawal of consent does not affect the lawfulness of processing carried out before the withdrawal.

Right to lodge a complaint

You have the right to lodge a complaint with the competent supervisory authority. In the Czech Republic this authority is:

Office for Personal Data Protection (Úřad pro ochranu osobních údajů)

Pplk. Sochora 727/27

170 00 Prague 7

Czech Republic

8. RECIPIENTS OF PERSONAL DATA

APSI may disclose personal data where necessary and lawful to the following categories of recipients:

  • affiliated companies, i.e. entities that are directly or indirectly under common ultimate beneficial ownership with APSI and/or are business partners that provide administrative, operational, compliance, risk management, legal, accounting, information technology, information security or other support services to APSI (or vice-versa), where such disclosure is necessary for the purposes described in this notice;
  • information technology and cloud service providers;
  • providers of KYC, AML, sanctions screening, fraud prevention and identity verification services;
  • legal, tax, accounting, audit and compliance advisers;
  • debt collection agencies and servicers;
  • banks, payment service providers and custodians;
  • valuation experts, real estate agents and auction providers;
  • insolvency administrators, bankruptcy trustees and enforcement officers;
  • courts, notaries and other dispute resolution bodies;
  • supervisory, regulatory, tax and public authorities;
  • potential purchasers, investors, financing providers and transaction counterparties involved in a corporate transaction, acquisition, disposal or financing arrangement.

Where APSI engages a processor, APSI ensures through contractual arrangements that the processor processes personal data only in accordance with APSI’s instructions and applies appropriate technical and organisational measures to protect personal data.

Intra-group sharing

APSI may share personal data with companies within the APS Group (affiliated companies) where necessary for legitimate business, administrative, operational, compliance, risk management, audit, reporting, IT, security, transaction management, KYC/AML, sanctions screening, accounting, tax, legal or governance purposes.

Such intra-group sharing may be based, depending on the relevant processing purpose, on:

  • APSI’s legitimate interests pursuant to Article 6(1)(f) GDPR, including group-wide administration, compliance, risk management, reporting, protection of legal rights and efficient operation of APSI’s business;
  • compliance with legal obligations pursuant to Article 6(1)(c) GDPR, including AML/KYC, sanctions, accounting, tax and regulatory obligations;
  • performance of a contract or pre-contractual measures pursuant to Article 6(1)(b) GDPR, where the sharing is necessary in connection with a contractual or prospective contractual relationship.

APSI does not rely on consent for intra-group sharing unless consent is specifically required by applicable law for a particular processing activity. Personal data shared within the APS Group (affiliated companies) is made available only to those persons and entities that need access for the relevant purpose and is subject to appropriate confidentiality, security and data protection safeguards.

9. RETENTION OF PERSONAL DATA

APSI retains personal data only for as long as necessary to fulfil the purposes for which it was collected and to comply with legal, regulatory and contractual requirements.

Retention periods may include:

  • the duration of a contractual or business relationship and an appropriate period thereafter;
  • periods prescribed by accounting, tax, anti-money laundering and other legal requirements;
  • the duration of judicial, administrative, insolvency, enforcement or similar proceedings;
  • the period necessary for the establishment, exercise or defence of legal claims.

Where personal data is processed on the basis of consent, it will generally be retained until consent is withdrawn or until the relevant purpose no longer exists.

Upon expiry of the applicable retention period, APSI will securely delete, anonymise or otherwise dispose of the personal data in accordance with applicable legal requirements.

10. HOW TO CONTACT US

If you have any questions regarding this Notice or the processing of your personal data, you may contact APSI using the following details:

Address: APS Investments s.r.o., Pobřežní 394/12, Karlín, 186 00 Prague 8, Czech Republic

E-mail: gdpr_group@aps-holding.com

11. CHANGES TO THIS NOTICE

APSI may amend this Notice from time to time in order to reflect changes in applicable laws, regulatory requirements or business practices.

The most recent version of this Notice will always be available on the APSI website. Material changes will be communicated through appropriate channels where required by law.