Personal Data Protection

Information on personal data processing and related rights pursuant to Articles 13 and 14 of the Regulation of the European Parliament and Council (EU) No. 2016/679 (the “Regulation”)

1. To whom is this information addressed?

This information is addressed to all existing, potential and for a certain period of time also former clients (hereinafter “Client(s)”) of the corporate group NEOCITY GROUP in the Czech Republic, i.e. those who have concluded or intend to conclude with any of the companies belonging in NEOCITY GROUP in the Czech Republic (hereinafter “NEOCITY Group”), the list of which is set out in Art. 2 below (hereinafter “NEOCITY Company” or “NEOCITY Companies”), a reservation agreement, agreement on future purchase contract or a purchase contract on the transfer of ownership to a unit in the sense of Section 1158 and following of the Civil Code (hereinafter the “Unit”) from the respective NEOCITY Company to the Client (hereinafter the “Contract(s)”). A potential Client is also an interested person who sends a message through a contact form on NEOCITY website https://www.neocity.cz/en/contact or website of individual NEOCITY projects, e.g. https://www.libenrozkveta.cz/en/contact or https://www.r2rokytka.cz/en/contact (hereinafter a “Message”).

2. Who is the controller of your personal data and how to contact them?

The NEOCITY Company with which you have concluded or are concluding a Contract or with which you are negotiating on the conclusion of a Contract or to which you have sent or are sending a Message (hereinafter the “Contractual Partner”) and the other NEOCITY Companies shall always be joint controllers of your personal data in the sense of Article 26 of the Regulation.

NEOCITY Companies are the following: Neocity Group CZ, s.r.o., ID No.: 27217167, Neocity 9, s.r.o., ID No.: 05904056, Neocity 10, s.r.o., ID No.: 01771884, Neocity 20, s.r.o., ID No.: 07032030, Neocity 29, s.r.o., ID No.: 06829325, Neocity 15, s.r.o., ID No.: 07074476, Neocity S2, ID No.: 03091988, Neocity O2, ID No.: 08088438, and City Property s.r.o., ID No.: 27113558, as well as the no longer existing companies Neocity 8, s.r.o., ID No.: 29411602, Neocity 19, s.r.o., ID No.: 24810177, Neocity Podolí, s.r.o., ID No.: 24683426, Neocity 6, s.r.o., ID No.: 04153138, and Neocity 15, s.r.o., ID No.:07074476 that were merged with Neocity Group CZ, s.r.o., all the above with the registered office at Jankovcova 1603/47a, 170 00 Prague 7 – Holešovice, and the company Neocity Towers s.r.o., ID No: 27426823, with the registered office at Loretánské náměstí 109/3, 118 00 Prague 1 – Hradčany, any possibly any future NEOCITY Companies that shall always be listed in the footer of the website of each of the projects presented on NEOCITY website (hereinafter “Joint Controllers”).

The Joint Controllers have agreed, inter alia, that the information obligation pursuant to Articles 13 and 14 of the Regulation that can be fulfilled pursuant to Section 8 of Act No. 110/2019 Coll., on Personal Data Processing, by means of publication allowing for remote access (i.e. in the case of processing for the purpose of performing a statutory obligation or a public task and also in relation to a Message sent via electronic means) shall be fulfilled by the Joint Controllers by means of publication on the NEOCITY website or on the website of the respective project. In the course of pre-contract negotiations and during the conclusion of the Contract, this obligation shall be fulfilled directly by the NEOCITY Company that is the Contractual Partner.

The Joint Controllers can be contacted in relation to personal data and all the rights specified below can be exercised primarily in writing, at the address Neocity Towers s.r.o., Jankovcova 1603/47a, 170 00 Prague 7 – Holešovice or via e-mail sent to [email protected].It is also possible to notify any changes of your personal data at these addresses. However, pursuant to Article 23 (3) of the Regulation, the rights arising from the Regulation may be exercised separately with respect to each of the Joint Controllers.

3. What personal data about you is being collected and processed?

We process in particular your identification data, address and contact details, information about your bank accounts and financial standing, about your family background and preferences in the field of housing,

• as stated in the Message, in the Contracts and in the documents related thereto, such as documents relating to client changes, certificate of technical acceptance or certificate on the Unit handover;
• as provided by yourself to any of the Joint Controllers or to the Recipients pursuant to Art. 5 below upon the conclusion and in the course of the performance of the Contracts and provision of services related with the Contracts, e.g. in connection with payments pursuant to the Contracts or with the processing of client changes.

Thus, your personal data is being obtained primarily from yourself, as well as from the other Joint Controllers or, as the case may be, through other controllers pursuant to Art. 5 below or from public lists (e.g. from the Real Estate Register or from the Commercial Register).

4. For what purpose and under what legal reasons is your personal data being processed?

We process your Personal Data for the purpose of:

• conclusion and performance of Contracts, where the legal reason is the performance of a contract to which the data subject is a party, or implementation of measures adopted prior to the contract conclusion upon request of the data subject pursuant to Article 6 (1) b) of the Regulation;
• performance of obligations imposed by applicable legal regulations in connection with the conclusion and performance of Contracts, in particular archiving obligations (pursuant to the Accounting Act, VAT Act, etc.) and obligation to identify or authenticate the Clients and record and verify their personal data based on their ID cards pursuant to Act No. 253/2008 Coll., on Certain Measures Against Legitimization of Proceeds of Crime and Financing of Terrorism (hereinafter the “Identification Obligation pursuant to the Money Laundering Act”). The legal reason is the performance of a statutory obligation that applies to Joint Controllers pursuant to Article 6 (1) c) of the Regulation;
• legitimate interests of Joint Controllers, including in particular the following:
• transfer of personal data within NEOCITY Groupfor its internal administrative purposes, in particular for the purpose of its processing by selected employees within NEOCITY Group or by processors and other controllers duly authorized within NEOCITY Group;
• protection of legal claims of Joint Controllersand primarily of the Contractual Partner in any disputes relating to the Contracts or to personal data processing, etc.;
• in the case of mortgage financing of the Unit purchase, transfer of necessary personal dataof Clients to the appointed intermediary of mortgage financingfor the purpose of optimizing the processing of the purchase financing under the Contracts;
• performance of loan agreement in relation to the financing bank, in particular evidencing of the project commercialization by means of submitting selected Contracts to the bank financing the respective project;
• sending of commercial messages relating to the existing or planned projects of NEOCITY Groupto the Clients for the purposes of direct marketing;
• use of necessary contact details of Clientswho acquire, pursuant to the Contracts, ownership title to units in the given building for the administration of which the association of unit owners has been established, where the Contractual Partner is the first chair of such association of owners, until their registration into the Real Estate Register, for the purpose of convening meetings of unit owners.

This data processing is necessary for the conclusion and performance of Contracts and for the performance of legal obligations and for pursuing legitimate interests of the Joint Controllers. Thus, the data provision represents a mandatory contractual and statutory requirement, without which it would not be possible to conclude and perform the Contracts, to perform legal obligations or to pursue legitimate interests of the Joint Controllers.

Prior to the conclusion of the relevant Contract, you can raise an objection against processing for the purpose of optimizing the financingand you can further proceed pursuant to applicable provisions of the relevant Contract with respect to the use of your own financing intermediary. You can raise an objection against processing for the purpose of direct marketing at any timeand the Joint Controllers shall be obliged to promptly discontinue the data processing for this purpose.

If we intend or if it is necessary to process your personal data for any other purpose, we will promptly inform you in advance of such other purpose and provide you with any related information.

5. To whom can personal data be disclosed by the Joint Controllers?

The Joint Controllers may disclose your personal data to the following recipients:

• selected processors who participate in the performance of the Contracts or who provide related services to the Joint Controllers and who process your personal data based on the Joint Controllers’ instructions, in particular to the operator of the client system and to the network administrator of NEOCITY Group;
• other controllers for the purpose of providing specific services agreed with the Joint Controllers, e.g. general supplier, project manager, technical supervisor, intermediaries of client changes, banks financing projects of NEOCITY Group, in the case of mortgage financing of the Unit purchase to intermediaries of such mortgage financing, legal counsels, accounting, tax and other advisors of the Joint Controllers;
• in the course of performing legal obligations mainly to the public administration bodies (hereinafter “Recipients”).

The personal data is not disclosed to any third parties from countries outside the EU and the EEA.

6. For how long is your personal data being processed?

Your personal data collected for the purpose of concluding and performing the Contracts shall be processed until the fulfilment of obligations and settlement of claims arising from all the Contracts and all associated proceedings, if any, and further for a time period necessary for the performance of the Joint Controllers’ legal obligations associated with them, i.e. in particular the Identification Obligation pursuant to the Money Laundering Act and all archiving obligations.

If no Contract is concluded on the basis of your request, we shall promptly terminate the processing of your personal data, with the exception of basic data that we shall retain for the purpose of defending our legal claims pursuant to Art. 4 c) (ii) above and with the exception of contact data that we shall use for sending you commercial communication pursuant to Art. 4 c) (v) above.

If your objectionagainst any type of processing for the purpose of legitimate interests of the Joint Controllers is satisfied, the processing of your personal data shall be terminated no later than within 3 monthsafter the dispatch of the notification of such satisfaction.

For the purpose of defending legal claims of the Joint Controllers in the event of disputes with Clients arising from the Contracts or in connection with the performed processing, the Joint Controllers shall retain the necessary data for no longer than one year after the expiry of all prescription periodsstipulated in the Contracts or during pre-contract negotiations or relating to the processing performed.

7. In what manners is your personal data being processed?

We process personal data both manually and by automated means, with the use of modern technologies. No automated decision-making or profiling takes place during the personal data processing.

8. What are your rights in connection with personal data processing?

You have the following rights in connection with the processing of your personal data:

• Right to access:You have the right to obtain a confirmation whether or not the personal data relating to you are being processed and, if so, you also have the right to access such data, the right to related information on such data and on its processing and on all your related rights. You have the right to obtain a copy of the processed personal data, free of charge with respect to the first copy and for a reasonable fee covering administrative costs with respect to any additional copy;
• Right to correction:You have the right to ask the Joint Controllers for correction or amendment of your personal data, if you consider it inaccurate or incomplete;
• Right to restriction of processing:During the proceedings regarding resolution of your claims (e.g. with respect to accuracy, based on an objection or request for restriction or for the provision of your data for the purpose of defending your legal claims), you have the right to request restriction of processing only to the data storage. Further processing is only possible with your consent or for the purpose of determination, exercise or defence of your legal claims, protection of the rights of other persons or public interest;
• Right to deletion:You have the right to request that the Joint Controllers delete your personal data in the cases specified in the Regulation, for example if the purpose of its processing has ceased to exist, if the data is no longer necessary for the determined purposes, if you withdraw your consent, if the data is being processed on the basis of such consent, and there is no other reason for its processing, if you successfully raise an objection, if the processing is unlawful or if the Joint Controllers are obliged to do so under the law;
• Right to object:If the Joint Controllers indent to process or already process your personal data subject to prior notification for the purposes of their legitimate interests (such as direct marketing, protection of their assets or defence of their legal claims), you have the right to raise an objection. Based on the objection, the Joint Controllers shall discontinue to process the data, unless they can prove important legitimate reasons for further processing overriding your interests or rights and freedoms. In the case of an objection against processing for the purposes of direct marketing, the Joint Controllers shall automatically discontinue the data processing;
• Right to data transferability:In the case of personal data obtained from you by the Joint Controllers for the purpose of performing a Contract or on the basis of your consent that are being processed by automated means, you have the right to obtain a excerpt of such data from the Joint Controllers in a structured, machine-readable format and, if technically feasible, you also have the right to the transfer of such data to another processor;
• You are further entitled to address a complaint to the Personal Data Protection Office, with the registered office at Pplk. Sochora 27, 170 00 Prague 7, uoou.cz.