§ 1. Introduction
1. The Terms and Conditions ofthe Portalsets out the conditions for the provision of electronic services for Virtual Shtetl Portal Users.
2. The Terms and Conditions ofthe Portal are the rules referred to in Article. 8 of the Act on Rendering Electronic Services.
§ 2. Basic Concepts
The Museum of the History of Polish Jews in Warsaw (00-157) on 6 Anielewicza Street, entered into the register of cultural institutions kept by the capital city of Warsaw under the number IKM/3/05, NIP 525-234-77-28 and REGON 140313762
The Virtual Shtetl website is available at www.sztetl.org.pl, and is owned by the Operator.
3. Terms and Conditions of the Portal
This document indicates the Services provided to the User by the Operator
All Services rendered electronically to Users by the Operator are on the basis of the present Terms and Conditions of the Portal and provide Users information on:
1) Access to public information found in the Portal.
2) Account registration
5. The User
Any person, who uses the Portal, does so under the terms specified in the Terms and Conditions of the Portal.
§ 3. Services
1. Services are available to every User visiting the Portal.
2. The contract for rendering Services between the User and the Operator is concluded at the time when the User enters in a browser the internet address of the selected webpage that holds the contents available through the Portal, or when the User is redirected to the Portal sites. The contract is terminated at the time of exit from the web pages of the Portal.
4. In the event that consent is withdrawn from any provision of the Terms and Conditions, the User is required to immediately leave the web pages of the Portal.
5. The use of Services is free of charge.
6. The User has the right to opt out of the use of Portal Services by exiting the web pages of the Portal.
7. The Operator provides Services rendered electronically in accordance with the Terms and Conditions of the Portal.
§ 4. Technical Requirements
In order to take full advantage of the services provided, Users ought to search using the most up-to-date editions of browsers.
- The Controller of Personal Data processed as part of the Portal functioning shall be the POLIN Museum of the History of Polish Jews, with its registered office in Warsaw
(00-157), ul. Anielewicza 6.
- The Museum appointed a Data Protection Officer, who can be contacted by e-mail at: [email protected], by telephone at: 22 471 03 41.
- Personal data will be processed for the purpose related to the use of the Portal by the Users, pursuant to Article 6 (a) of the regulation, that is, a data subject consent.
- The recipients of the personal data processed as part of functioning of the Portal may be: suppliers of IT systems and IT services, entities providing for the Museum accounting services, conducting studies on the quality of services, recovery of claims, legal services, analytic services, marketing services, operators of electronic payment systems and banks in the scope of execution of payments, authorities authorised to receive the personal data pursuant to the provisions of law.
- Personal data will not be transferred to a third party;
- Personal data will be processed throughout the time necessary to perform all obligations resulting from the functioning of the Portal. In the case of personal data processed in order to provide services electronically – for the time of providing services electronically. In the case of personal data processed in order for the Museum to send marketing content – until raising an objection against the processing of the personal data in this scope. After this time, personal data will be processed only in the scope and for the time required by the provisions of laws, including accounting provisions.
- Each of the consents granted for the processing of personal data may be withdrawn at any time. The withdrawal of consent shall not affect the lawfulness of processing based on the consent before its withdrawal. For the purposes of proof, withdrawal of a consent should be made in writing and sent to the address (Warsaw, (00-157) ul. Anielewicza 6) or electronically (e-mail message to the address: [email protected]).
- There is a right to access one’s personal data provided, the right to request their rectification, erasure or restriction of their processing, the right to data portability, the right to object, the right to withdraw consent at any time, which does not affect the lawfulness of processing based on the consent before its withdrawal.
- There is a right to file a claim to a supervisory authority if a person who provided data recognised that the processing personal data concerning him/her infringes the provisions of a General Data Protection Regulations of 27 April 2016 and the provisions of the act of
10 May 2018 on personal data protection (Dziennik Ustaw [Journal of Laws] 2018, item 1000).
- Personal data will be processed in an automated way, including data profiling;
- Providing personal data is voluntary, however, necessary for the purposes of the service provision concerning the use of the Portal. Failure in provision of personal data required by the Museum shall result in lack of possibility to provide services.
§ 6. Use of Services
1. Impermissible are activities that could impede or destabilize the operation of the Portal. Actions of Users that involve any attempt to destabilize the Portal can be considered an offense under the criminal code.
2. The User is obligated in particular to:
1) Refrain from any action that might interfere or hinder the functioning of the Portal and refrain from any action that may be troublesome to other Users.
2) Respect the intellectual property of others
3) Refrain from any acts violating the privacy of others, in particular, the collection, processing and dissemination of information about other Users without their express consent, unless it is permitted by law and the Terms and Conditions of the Portal.
3. Uploading illegal content to the Portal, anything that is offensive, inaccurate, inconsistent with universally binding law in Poland, violent, morally reprehensible, violating generally accepted decency, is prohibited.
§ 7. Protection of Copyright and Intellectual Property
1. All rights of the Portal are reserved to the Operator, and the rights to its textual elements, graphics, images, applications and databases, are reserved to the Operator , or entities whose materials are available on the web pages of the Portal. The Portal and all of its components are subject to the protection provided by Polish and international law, specifically, the provisions in the Copyright and Related Rights Act; Acts on the protection of databases, and the Unfair Competition Act.
2. The use of textual materials, graphics, images, applications, databases and other elements contained in the Portal, does not signify the acquisition by the User of any property rights to the works and databases within the Portal. Subject to the provisions of paragraph 7.3 of the Terms and Conditions of the Portal, it is prohibited to:
1) Make copies, modify or transmit electronically or otherwise, the Portal or its components, as well as individual works and databases available on the Portal, in particular for commercial purposes,
2) Distribute (includingthe distribution of information for the press, radio, television and in such a way that everyone has access to the materials at their chosen time and place) materials published on the Site, as well as current articles, reports, interviews and other works on any topic,
3) Download the contents of databases and use of all, or substantial (in regards to the quality or quantity) parts.
3. Users can access the Portal, databases and works only within the fair use that is specified by the Copyright and Related Rights Act on the protection of databases, and such use cannot affect the normal use of a work or database, or violate the legitimate interests of the Operator and entities whose works or databases are available on the Portal.
4. It is permissible to post links leading to available textual materials on the Portal.
5. Other than the uses specified in points 7.3 and 7.4 of the Terms and Conditions of the Portal, use of the works and databases available on the Portal is prohibited, unless given express consent in writing by the Operator. In order toobtain a license for the use of works and databases made available throughthe Portal, please contact us at the e-mail address [email protected].
§ 8. Reporting Violations
The Operator will endeavor to ascertain whether the materials presented in the Portal are factual and legal. However, the responsibility for compliance with the law rests with the content providers. Views, opinions and comments presented on the Portal, are an expression of personal knowledge and the views of their authors, and they are not to be construed in any other way. Any User who believes that the materials presented in the Portal violate the law, or for other reasons should not be placed on the Portal, should report this to the Operator at the following e-mail address: [email protected]. The Operator shall take all necessary steps to resolve the situation.
§ 9. Complaints
1. Users have the right to submit complaints relating to indicated Services
2. Complaints are investigated by the Operator
3. A complaint is considered to be lodged in a proper way if it contains at least the following:
1) User identification
2) User’s e-mail address
3) Subject of the complaint
4) Grounds for the complaint
4. Complaints that do not contain these data will not be considered
5. Complaints should be sent by electronic mail to the address: [email protected]
6. The Operator will endeavor to deal with complaints within 14 days of their receipt from the User. The Operator will immediately notify the User of the outcome, via the e-mail that was provided by the User in the complaint.
§ 10. Responsibility
1. The data and information made availableon the Portal is for information purposes only. Due to the possibility of errors or omissions caused by circumstances beyond the control of the Operator, the Operator is not responsible for the topicality, correctness, accuracy and completeness of the information provided in the Portal, as well as the suitability of the information for specific actions of Users of the Portal.
2. Risks associated with the use and application of information available on the Portal shall be borne by the User.
3. The Operator reserves the right to change any Services, tools and operations of the Portal, including the removal of information in a database, cessation of activities, transfer of rights to the Portal, as well as taking any actions relating to the Portal, which are permitted by law. The User is not entitled to any claims against the Operator.
4. The Operator is not responsiblefor any damages that the User might incur as a result of malfunctioning or non-functioning of the Portal.
6. The Operator is not responsible for the content andform, as well as the legal status of the materials and information provided by the Users. This responsibility is borne by Users who upload materials onto the Portal.
7. The Operator is not to be held responsible for the content of private messages sent in by Users, except for cases indicated in the Act of 18 July 2001 on providing services electronically (i.e. Journal of Law, 2016, item no. 1030 with amendments).
8. In the event that the Operator receives notice about the unlawful nature of stored data provided by the User, and is denied access to these data, the Operator will not be liable for the damage resulting from denied access.
§ 11. Contact
All enquiries regarding the Terms and Conditions of the Virtual Shtetl portal should be sent to: [email protected]
§ 12. Final Provisions
The current versionof the Terms and Conditions of the Portal will always be published on the Portal. New versions shall enter into force 30 days after their publication. Continued use of Services after the entry into force of the new Terms and Conditions is only possible after the User accepts the new version of the Terms and Conditions of the Portal.