FLOWPAY Fund SICAV a.s., with its registered office at Hvězdova 1716/2b, Nusle, 140 00 Prague 4, Reg. No.: 24556530, registered in the Commercial Register maintained by the Municipal Court in Prague, Section B, Insert 30506 (hereinafter “FLOWPAY Fund”, “We” or “Our Company”), respects the privacy of visitors to the website www.flowpay.fund and other persons whose personal data it processes in connection with this website.
This Policy provides information on what personal data we process, for what purposes and on what legal basis, to whom personal data may be disclosed or transferred, how long we retain them, and what rights you have in connection with the processing of personal data.
This Policy has been prepared in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (hereinafter “GDPR”) and Act No. 110/2019 Coll., on the Processing of Personal Data.
1. The controller of personal data obtained through the website www.flowpay.fund is FLOWPAY Fund SICAV a.s. The contact email for matters relating to the protection of personal data is investor@flowpay.fund.
2. The manager and administrator of FLOWPAY Fund is AVANT investiční společnost, a.s., Reg. No.: 27590241, with its registered office at Hvězdova 1716/2b, Nusle, 140 00 Prague 4 (hereinafter “AVANT”). If you express an interest in investing through the website, your personal data may be transferred to AVANT to the extent necessary for the purpose of further communication, processing of investment interest, and any investor onboarding process and related steps.
3. In the subsequent processing of transferred personal data, AVANT acts as an independent data controller within the scope of its activities and its own legal obligations. Information on the processing of personal data by AVANT is available on the AVANT website; AVANT's Data Protection Officer can be contacted at dpo@avantfunds.cz.
4. The terms “controller”, “processor”, “personal data”, “processing” and other terms used in this Policy have the meaning set out in the GDPR.
The scope of personal data processed depends primarily on the information you provide through the contact form or in the course of subsequent communication.
If you complete the contact form on the website or contact us by email or other means, we process the personal data you provide in this context.
Purpose: handling and recording your inquiry or investment interest, communicating with you, providing information about FLOWPAY Fund, and taking steps towards a potential investment.
Scope of processed data: in particular, first name, surname, email address, expected investment amount, investment currency, message content, and other data you voluntarily provide in the course of communication.
Legal basis: performance of pre-contractual measures taken at your request pursuant to Article 6(1)(b) GDPR and, depending on the nature of the specific communication, our legitimate interest in properly handling inquiries and communicating with prospective investors pursuant to Article 6(1)(f) GDPR.
Retention period: for the period necessary to handle your inquiry or investment interest and any subsequent communication. If no investment is made or no other legal relationship is established and you do not provide separate consent for marketing communications, we retain this data for a maximum of 3 years from the last relevant communication, unless there is another legal reason for longer retention.
If you provide us with separate consent, we may also use your contact details for sending newsletters, updates, information and offers related to FLOWPAY Fund, the FLOWPAY group and related investment or financial products and services. Granting this consent is voluntary and is not a condition for submitting an investment inquiry or for any potential investment.
Purpose: sending newsletters, updates, information and marketing communications, and maintaining contact with current and prospective investors.
Scope of processed data: in particular, first name, surname, email address, information on whether you are a current or prospective investor, records of consent granted, and related marketing communications.
Legal basis: your consent pursuant to Article 6(1)(a) GDPR. We will send you electronic commercial communications only under the conditions set out by applicable legal regulations. You may withdraw your consent at any time, in particular via the unsubscribe link included in each marketing email or at investor@flowpay.fund.
Retention period: until you withdraw your consent or until the termination of the relevant marketing purpose, whichever occurs first. Withdrawal of consent does not affect the lawfulness of processing carried out prior to its withdrawal.
Data obtained through the web form or related communication may, upon receipt by FLOWPAY Fund, be transferred to the extent necessary to AVANT investiční společnost, a.s., AVANT Capital a.s. and companies of the FLOWPAY group, if they are involved in further communication with the prospective investor, processing of investment interest, or related activities. For marketing use of this data beyond the handling of the investment interest itself, the rules set out above apply, and such data will be used for this purpose only on the basis of your separate consent.
Purpose: establishing further communication with the prospective investor, providing more detailed information, facilitating distribution and other steps related to a potential investment, referring the prospective investor to the investor onboarding process, and fulfilling related legal and regulatory obligations of the relevant entities.
Scope of processed data: data provided in the contact form and relevant related communication. As part of the subsequent investor onboarding process, AVANT or another relevant provider may require additional data in accordance with its own procedures and legal obligations; FLOWPAY Fund does not carry out this subsequent process.
Legal basis: performance of pre-contractual measures taken at your request pursuant to Article 6(1)(b) GDPR and legitimate interest in the proper organizational and group-level facilitation of your investment interest pursuant to Article 6(1)(f) GDPR. Where data is subsequently processed by another entity for its own purposes or due to its own legal obligations, that entity is responsible for such processing as an independent controller.
Retention period: FLOWPAY Fund retains data in accordance with the rules set out above; subsequent processing of data by AVANT, AVANT Capital, or another independent controller is governed by its own rules and legal obligations.
We may further process personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or for the establishment, exercise, or defence of legal claims. In such cases, the legal basis is compliance with a legal obligation pursuant to Article 6(1)(c) GDPR or our legitimate interest pursuant to Article 6(1)(f) GDPR.
1. We disclose or transfer personal data only to the extent necessary for the relevant purpose. Recipients of personal data may include:
2. Where any of the aforementioned entities processes personal data on our behalf as a processor, we require that processing takes place only on the basis of our instructions and with an adequate level of personal data protection.
3. Where the use of technical or other service providers would involve the transfer of personal data outside the European Economic Area, we ensure that such transfer takes place only in accordance with the conditions set out by the GDPR, in particular on the basis of an adequacy decision of the European Commission or other appropriate safeguards.
1. We retain personal data only for the period necessary for the purpose for which they were collected, or for the period during which we are required to retain them under legal regulations, or for the period during which their retention is reasonably necessary for the establishment, exercise, or defence of legal claims. For unsuccessful investment inquiries, we retain data for a maximum of 3 years from the last relevant communication, unless there is another legal reason for longer retention.
2. If you grant consent for marketing communications, we process contact data for this purpose until you withdraw your consent or until the termination of the relevant marketing purpose. If a prospective investor subsequently becomes an investor, further processing of data related to the investment, identification, AML/KYC, and investor administration is primarily carried out by AVANT or another relevant entity in accordance with its own legal obligations and retention rules.
We take reasonable technical and organizational measures to protect personal data against unauthorized or accidental access, alteration, loss, destruction, misuse, or other unauthorized processing. Access to personal data is limited to persons who require it for the performance of their work, contractual, or legal obligations.
1. In connection with the processing of your personal data, you have, under the conditions set out by the GDPR, in particular the following rights:
Right of access - you have the right to obtain confirmation as to whether we process personal data concerning you and, if so, to obtain access to such data and other information as stipulated by the GDPR.
Right to rectification - you have the right to request the rectification of inaccurate personal data and the completion of incomplete personal data.
Right to erasure - you have the right to request the erasure of personal data where the conditions set out by the GDPR are met; this right does not apply where further processing is necessary, for example, for compliance with a legal obligation or for the establishment, exercise, or defence of legal claims.
Right to restriction of processing - you have the right to request the restriction of processing of personal data in cases stipulated by the GDPR.
Right to data portability - where processing is based on consent or a contract and is carried out by automated means, you have the right, under the conditions of the GDPR, to receive personal data you have provided to us in a structured, commonly used, and machine-readable format.
Right to object - where we process personal data on the basis of legitimate interest, you have the right, on grounds relating to your particular situation, to object to such processing. In such case, we will no longer process the personal data unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights, and freedoms, or where the processing is necessary for the establishment, exercise, or defence of legal claims.
Right to withdraw consent - where specific processing is based on your consent, including the sending of newsletters and marketing communications, you may withdraw it at any time without affecting the lawfulness of processing based on consent prior to its withdrawal. For marketing emails, you may use the unsubscribe link included in each message.
2. You may exercise your rights with respect to FLOWPAY Fund in particular at the email address investor@flowpay.fund. In the case of processing carried out by AVANT, you may also exercise your rights directly with AVANT, in particular through its Data Protection Officer at dpo@avantfunds.cz.
3. If you believe that we are processing your personal data in violation of legal regulations, you have the right to lodge a complaint with the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, www.uoou.gov.cz.
Based on data obtained through the web form, FLOWPAY Fund does not carry out automated individual decision-making or scoring of prospective investors.
We may update this Policy from time to time, in particular in response to changes in legal regulations, the manner of personal data processing, or the operation of the website. The current version of the Policy will always be published on the website www.flowpay.fund together with information on its effective date.
This Policy has been prepared in the Czech language. If a translation into another language is made available, such translation is for informational purposes only, and in the event of any discrepancy between the language versions, the Czech version shall prevail.