INFORMATION ON THE PROCESSING OF PERSONAL DATA AND ON THE RELATED RIGHTS UNDER ARTICLES 13 AND 14 OF REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL („THE REGULATION“)

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I. WHO IS THIS INFORMATION FOR?

This information is intended for all current, potential and, for a certain period of time, former clients (hereinafter referred to as „Client“)

  1. companies Sky Towers s.r.o., Reg. No.: 243 71 360, with registered office at Jankovcova 1595/14, Holešovice, 170 00 Prague 7, registered in the Commercial Register maintained by the Municipal Court in Prague under No. C 439614 (hereinafter referred to as „Company“), i.e. those who have concluded or intend to conclude a reservation contract, a future purchase contract or a purchase contract, the subject of which is the transfer of ownership of the unit within the meaning of Section 1158 et seq. of the Civil Code (hereinafter referred to as „Unit“) in the Sky Towers project presented on the website www.skytowers.cz (hereinafter referred to as „Website“) from the Company to the Client (hereinafter referred to as „Contract or Contracts“A potential Client is also a prospective Client who sends a message requesting information on the Sky Towers project (hereinafter referred to as „Report“);
  2. BDCG and Daramis Group companies in the Czech Republic, whose joint venture is the Company and its Sky Towers project (hereinafter referred to as „Companies BDCG + Daramis“), if they subscribe to the newsletter in the context of sending a Message on the Website or at any time when concluding or executing Contracts and/or related documents. The list of BDCG + Daramis Companies is set out in Article 9 below.

II. WHO IS THE CONTROLLER OF YOUR PERSONAL DATA AND HOW DO I CONTACT THEM?

  1. The controller of your personal data is primarily Company.
  2. In cases of processing of personal data in connection with the newsletter described in more detail in particular in Article 4 (e) (hereinafter referred to as „Newsletter“) stand out Companies BDCG + Daramis as joint administrators (hereinafter referred to as „Joint Administrators“). For this case, they have agreed that the information obligation pursuant to Articles 13 and 14 of the Regulation, which can be fulfilled pursuant to Section 8 of Act No. 110/2019 Coll., on the processing of personal data, by publication in a manner allowing remote access, is fulfilled by the Company on behalf of the Joint Administrators by publication on the Website. The Joint Controllers are also in some cases directly involved in certain activities of the Company within the relevant group.
  3. You may primarily contact the Company and the Joint Administrators in relation to your personal data and exercise any of the rights set out below by writing to the Company's registered office or by sending an email to prodej@skytowers.cz. You can also use these addresses to report changes to your personal data. However, rights under the Regulation can be exercised with and against each of the Joint Controllers pursuant to Article 23(3) of the Regulation. The contact addresses of the Joint Controllers are set out in the list of Joint Controllers in Article 9 below.

III. WHAT PERSONAL DATA DO WE COLLECT AND PROCESS ABOUT YOU?

In particular, we process identification, address and contact data about you, data about your bank accounts and creditworthiness, your family background, housing and real estate preferences, and, in the case of the use of a guaranteed electronic signature pursuant to Article 4(d) below, certain biometric and technical data relating to your signature, as well as your access data to the client portal

  • as set out in the Report, the Contracts and related documents, such as documents relating to Client changes or access to the Client Portal, the technical acceptance report or the handover report for the Unit;
  • that we collect about you in the process of signing Contracts and related documents using a guaranteed electronic signature pursuant to Article 4(d) below;
  • that you disclose to the Company or the Recipients pursuant to Clause 5 below when entering into and performing the Contracts and providing related services, for example in connection with payments under the Contracts or processing Client Changes;
  • that you communicate to the Joint Administrators in communications relating to the Newsletter.

We also process your personal data collected during your visits to the Website via files cookies. By means of necessary technical or functional cookies, for the use of which we do not need your consent, we obtain only the data necessary for the functioning of the Website and the setting of user standards (hereinafter referred to as „Data from technical cookies“). In the case of consent in the Cookie Statement in the cookie sheet to the use of non-technical, in particular preferential, statistical and marketing cookies, pursuant to Act No. 127/2005 Coll., on electronic communications (hereinafter referred to as „Consent to the use of non-technical cookies“) we process in addition to your IP addresses also, for example, your consent data, your device and geolocation data (hereinafter referred to as „Data from non-technical cookies“).

We therefore obtain your personal data primarily from you, from the Website, through the processors referred to in Article 5(a), or through other controllers referred to in Article 5(b), or from public lists (e.g. the Land Registry or the Commercial Register).

IV. FOR WHAT PURPOSE AND ON WHAT LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data in order to:

  • ‍conclusion of Contracts, performance of Contracts, including use of the Client Portal, the legal title is the performance of a contract to which the data subject is a party or the implementation of pre-contractual measures taken at the request of the data subject pursuant to Article 6(1)(b) of the Regulation;
  • the performance of the obligations imposed by law in connection with the conclusion and performance of the Contracts, 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing (hereinafter referred to as „Identification obligation under AML“). The legal title is the performance of a legal obligation to which the Company is subject under Article 6(1)(c) of the Regulation;
  • the legitimate interests of the Company, or the Joint Administrators, which include in particular:
    • the transfer of personal data within the BDCG + Daramis Companies for their internal administrative purposes, in particular for processing by selected employees within the BDCG + Daramis Companies or by processors or other controllers duly authorised within the BDCG + Daramis Companies;
    • protection of legal claims primarily of the Company, and possibly also of the Joint Administrators, in any disputes relating to Contracts or processing of personal data, etc;
    • sending commercial communications regarding the Company's existing or upcoming projects for direct marketing purposes;
    • in the case of mortgage financing for the purchase of the Unit, transferring the necessary personal data of the Clients to the designated mortgage financing agent in order to optimize the processing of the purchase financing on the basis of the Contracts;
    • performance of the loan agreement in relation to the financing bank, in particular proving the commercialisation of the project by submitting selected Contracts to the financing bank;
    • the use of the necessary contact details of Clients who acquire, pursuant to the Contracts, ownership of units defined in the building for the management of which a unit owners' association has been established, of which the Company is the first chairman of the owners' association, until the moment of their registration in the Land Register, for the purpose of convening meetings of the owners' assembly;
    • use of Data from technical cookies to ensure the proper functioning of the Website and to maintain basic user preferences;
    • in case of consent to the use of non-technical cookies, analysis and optimization of the Website and the campaigns on it.

The legal title is the fulfilment of the legitimate interests of the Company or the Joint Controllers pursuant to Article 6(1)(f) of the Regulation.

This is the processing of data necessary for the conclusion and performance of Contracts and the performance of legal obligations and for the legitimate interests of the Company or the Joint Controllers. The provision of data is therefore a mandatory contractual and legal requirement without which the Contracts cannot be concluded and performed, legal obligations fulfilled or the legitimate interests of the Company or the Joint Administrators fulfilled. 

Processing for the purpose of optimising financing may be objected to prior to the conclusion of the relevant Agreement and the relevant provisions of the relevant Agreement on the use of your own financing agent may be followed.

You can object to processing for direct marketing purposes at any time and the Company will immediately refrain from processing for this purpose without further delay.

  • If you have given the Company your consent to use guaranteed electronic signature when concluding Contracts and related documents, the Company will process your biometric personal data in the range of speed, direction, typing pressure and pauses in typing, and technical data such as the image of your signature, the type and operating system of the device and the place and time at which your signature was made, to enable and secure the process of concluding Contracts and related documents in an electronic environment in accordance with technological developments using a guaranteed electronic signature, ensuring a high level of authenticity, integrity and legal verifiability of the signature in a technically advanced and secure manner (in particular through encryption). The legal title is explicit consent pursuant to Article 9(2)(a) of the Regulation.
  • If you have subscribed Newsletter on the Website or in entering into Contracts and/or related documents and have thereby consented to the Joint Administrators sending you commercial communications, then the Joint Administrators will process your email for the purpose of sending information and commercial communications regarding the Joint Administrators' products and services. The legal title is consent pursuant to Article 6(1)(a) of the Regulation.
  • In the case of consent to the use of non-technical cookies, Data from non-technical cookies may also be used to obtain and create user profiles of Clients by entities that provide services such as analytical or marketing services in relation to the Website, such as Google (hereinafter referred to as „Providers“) and who subsequently use them to provide Clients with personalised advertising of their or their clients' goods and services or on their platforms. The legal basis here is consent under Article 6(1)(a) of the Regulation. The specific Providers are listed in the information in the cookie bar.

Your consent under Article 4(d), (e) and (f) is voluntary, and you may withdraw it at any time, to the Company in the case of Article 4(d) and (f) and to any Joint Controller in the case of Article 4(e) and at any contact address referred to in Article 2(c) of this Information. You can withdraw your consent to the use of non-technical cookies at any time in the Cookie Statement in the cookie sheet. Withdrawal of consent is effective upon delivery to the Company or any Joint Administrator or revocation in the cookie sheet. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal. After the consent expires, we will delete and shred your personal data collected for this purpose, unless there is another lawful reason for further processing. 

If we intend or need to process your personal data for another purpose, we will provide you with information about this other purpose and other related information without delay.

V. TO WHOM THE COMPANY, RESP. CAN THE JOINT CONTROLLERS DISCLOSE YOUR PERSONAL DATA?

The Company or the Joint Administrators may disclose your personal data to the following recipients:

  • to the selected processors, who are involved in the performance of the Contracts or provide related services to the Company or the Joint Administrators and process your personal data on the basis of instructions from the Company and/or the Joint Administrators, in particular the operator of the client system application, the operator of the application enabling a guaranteed electronic signature, and the network administrators of the Company and/or the Joint Administrators;  
  • other administrators for the purpose of providing a specific service agreed with the Company and/or the Joint Administrators, e.g. to the general contractor, project manager, technical supervisor, real estate bidding and sales agents, client change agents, bank(s) financing the Company's and/or the Joint Administrators' project(s), in the case of mortgage financing for the purchase of a Unit, mortgage financing agents, attorneys, accountants, tax and other advisors to the Company and/or the Joint Administrators;
  • in the performance of legal obligations, in particular to public authorities (hereinafter referred to as „Recipients“).

Personal data is not provided to third parties from outside the EU and EEA.

VI. HOW LONG DO WE PROCESS YOUR PERSONAL DATA?

We process your personal data collected for the purpose of concluding and performing the Contracts until the fulfilment of obligations and satisfaction of claims under all Contracts and any related proceedings and for the period necessary to fulfil the Company's related legal obligations, i.e. in particular the AML identification obligation and all archiving obligations, but no later than 10 years after the termination of the contractual relationship.

If your enquiry does not result in the conclusion of the Contract, we will immediately stop processing your personal data, except for the basic data which we retain for the purpose of protecting legal claims pursuant to Article 4(c)(ii) above and the contact data which we use to send you commercial communications pursuant to Article 4(c)(iii) above. 

If your objection to any of the processing for the purposes of the legitimate interests of the Joint Controllers is upheld, the processing of the relevant data will be terminated no later than 3 months after the notification of such upholding.

In order to protect the legal claims of the Company and/or the Joint Administrators in the event of disputes arising from the Contracts with the Clients or in connection with the processing carried out, the Company and/or the Joint Administrators shall retain the necessary data for a maximum period of one year after the expiry of any limitation periods arising from the Contracts or pre-contractual negotiations or relating to the processing carried out.

The processing of personal data for the purpose of sending the Newsletter shall be terminated by the Joint Administrators no later than 3 months after the withdrawal of your consent, in the event that you do not do so, no later than 10 years after the consent was granted.

VII. HOW DO WE PROCESS YOUR PERSONAL DATA?

We process personal data manually and automatically using modern technologies. The processing of personal data does not involve automated decision-making or profiling.

VIII. WHAT RIGHTS DO YOU HAVE WHEN PROCESSING PERSONAL DATA?

You have the following rights in relation to the processing of your personal data:

  • right of access: You have the right to obtain confirmation as to whether or not personal data relating to you is being processed and, if so, the right to access it, the right to related information about it and its processing and all your related rights. You have the right to obtain a copy of the personal data processed, the first free of charge and each subsequent copy, where applicable, on payment of reasonable administrative costs;
  • the right to rectification: You have the right to ask the Company and/or the Joint Administrators to correct or complete your personal data if you consider it to be inaccurate or incomplete;
  • the right to restriction of processing: You have the right to restrict the processing of your data to the storage of your data while disputes about your data are being resolved (e.g. regarding its accuracy, following an objection or request for restriction or for disclosure to protect your legal claims). Further processing is only possible with your consent or for the establishment, exercise or defence of legal claims, the protection of the rights of others or the public interest;
  • the right to erasure: You have the right to request that the Company and/or the Joint Controllers erase your personal data in the cases set out in the Regulation, e.g. if the purpose of processing is no longer necessary for the stated purposes, if you withdraw your consent, if they are processed on the basis of consent and there is no further reason for processing them, if you successfully object, if the processing is unlawful or if the Joint Controllers are required to do so by law;
  • the right to object: If the Joint Controllers and/or the Company will or do process your data for the purposes of their legitimate interests (for example, direct marketing or the defence of legal claims), you have the right to object. Upon objection, the Company and/or the Joint Controllers will not further process the data unless they can demonstrate compelling legitimate grounds for processing that override your interests or rights and freedoms. In the case of an objection to processing for direct marketing purposes, processing will be abandoned without further action;
  • the right to data portabilityA: Where personal data is collected from you by the Joint Controllers and/or the Company for the purpose of performance of the Contract or on the basis of your consent and processed by them by automated means, you have the right to receive from the Joint Controllers an extract of such data in a structured machine-readable format and, where technically feasible, the right to have it transmitted to another controller;
  • You also have the right to file a complaint with the Office for Personal Data Protection, located at Pplk. Sochor 27, 170 00 Prague 7, www.uoou.cz.

IX. BDCG + DARAMIS FORM:

  • a) BDCG companies:
  • Czech Investment Fund SICAV a.s., ID No.: 02789027 with registered office at Počernická 272/96, Malešice, 108 00 Prague 10
  • Safety Real, fond SICAV, a.s., ID No.: 24799751 with registered office at Křižíkova 213/44, Karlín, 186 00 Praha 8
  • BDCG, a.s., ID No.: 28263456 with registered office at Křižíkova 213/44, Karlín, 186 00 Praha 8

and any future BDCG companies listed on the BDCG website and/or projects presented on the BDCG website.

(b) Daramis group companies:

  • DARAMIS MANAGEMENT s.r.o., ID No.: 26205882 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Daramis Capital s.r.o., ID No.: 03411541 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Daramis Residential s.r.o., ID No.: 03420141 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Daramis SPV s.r.o., ID No.: 21767904 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Zelené Město 1B s.r.o., ID No.: 17064392 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Marina Lofts s.r.o., ID No.: 21768056 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • One L1FE s.r.o., ID No.: 21767645 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • River Development Prague s.r.o., ID No.: 10949933 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Vršovice Park JV 2 s.r.o., ID No.: 24548278 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Copenhagen Office Center s.r.o., ID No.: 28446747 with registered office at Jankovcova 1595/14, 170 00 Prague 7
  • Park Living s.r.o., ID No.: 01798502 with registered office at Jankovcova 1595/14, 170 00 Prague 7

and any future Daramis Group companies listed on the Daramis website and/or projects presented on the Daramis website.