I. GENERAL PROVISIONS
1.2 The TOU referred to above in terms and conditions pursuant to Article 8 of the Act of 18 July 2002 on provision of services by electronic means.
1.3 The Owner and the Operator of the Application, as well as the provider of services rendered by means of the Application is Fundacja Communi Hereditate with its seat in Warsaw (02-001), Al. Jerozolimskie 81 Apt. 7.10, entered into the National Court Register of Associations by the Regional Court for the Capital City of Warsaw in Warsaw, XII Commercial Division under KRS no. 0000476891, NIP: 7010397445, phone no. 48 22 354 78 79, e-mail: firstname.lastname@example.org (hereinafter referred to as ‘the Operator’).
1.4 Services rendered by means of the Application consist in, particularly, automatic identification of a work of art (a painting, a drawing, a fabric) by taking a picture of it or making a carrier on which the image of a given work of art is saved and verification whether the work of art is in the Polish database of collections lost during World War Two.
1.5 The Application can be downloaded from the following online store:
- App Store (for iOS),
- Google Play (for Android),
- Windows Store (for Windows Phone),
- BlackBerry World (for BlackBerry).
1.6 Downloading the Application for the above-mentioned online stores and using services offered by means of this Application is free of charge.
1.7 Fees for transmission of data required for downloading, installation, launching and using the Application are covered by the Users on their own behalf. The Operator bears no liability for the fees charged for the used data transmission vital for using the Application.
1.8 The Application and all materials, information and solutions it contains, along with the choice and layout of the content presented as part of the Application, the logotypes, graphic elements, trademarks it contains are subject to exclusive rights of the Operator or third parties the Operator cooperates with to render services by means of the Application (‘the Partners’). Once the Application is downloaded, the User is granted by the Operator or his Partners a license to use the Application for its intended purpose, in line with the provisions of these TOU and rules of law. The license is granted to the User is non-exclusive, non-transferrable, territorially unlimited, unrestricted in time. The license granted to the User does not authorize the User to grant further license. The User shall not multiply, sell or otherwise market or distribute the Application in full or partially, particularly send it or make it available in computer systems and networks, mobile application distribution systems or any other IT systems. Forwarding the content contained in the Application to any third party is allowed by means of tools provided in the Application intended for this purpose. The license allows the User to use the Application and the content it contains in the following fields of exploitation:
- introduction to memory (including RAM) of a mobile device,
- saving in the memory of a mobile device and displaying on the said device,
- temporary multiplication in the memory of a mobile device essential for using the Application and the content it contains,
- adjusting the Application essential for using it by means of a mobile device (hardware and software settings).
- A breach of the license provisions by the User allows the User to terminate the license agreement with immediate effect.
1.9 All materials, particularly photos made using or by means of the Application by the Application User to automatically verify works of art may be used by the Operator in any way and to any purpose, including to forward the said material to state bodies responsible for recovering Polish works of art lost during World War Two. The User shall not be entitled to any claims against the Operator in this regard. The User consents to materials made using or by means of the Application being used by the Operator or his Partners without the authorship of the material being specified (such as data of the author of photos).
1.10 Upon sending materials considered ‘work’ or matter of related rights, the User grants the Operator a royalty-free, non-exclusive and irrevocable license (hereinafter referred to as ‘the License’) to use the said materials in an indefinite time with the right to grant sublicenses within the scope of the original license in Poland and abroad, in full or partial, as a separate work or together with other works, as well as to make the entire material or part of the material available to third parties in all fields of exploitation including those specified under Articles 50 and 86 of the Act of 4 February 1994 on copyright and derivative rights, particularly regarding:
- recording and multiplying the said materials – making copies with no limitations regardless of the technique (e.g. printing, reprography, magnetic record, digital technique), the quantity and the circulation size,
- trading the original or the copies on which the material was recorded, marketing, leasing, renting the original or copies,
- disseminating the materials otherwise than the specified above: public performance, display, presentation, reproduction or broadcasting (by wire or wireless means), as well as communication to the public in a manner allowing everyone to access at any time and location, including IT and ICT networks (including by means of the Internet and mobile devices).
The license granted by the User also covers: 1) a consent to the exercise of derivative rights, i.e. the right to consent to the handling and use of derivative works, 2) consent to introducing any changes and modifications necessary for the sue as part of the business activity, 3) consent to exercise personal rights on the User’s behalf.
1.11 Before installing the Application please read the TOU first.
1.12 By using the Application, the User consents to the provisions of the TOU.
II. TECHNICAL REQUIREMENTS AND RULES OF ACCESS
2.1 The Application is available for all users of mobile devices that satisfy technical requirements specified below who download it from a proper store and properly launch it on a mobile device. Using certain functions may require granting specific rights for the Application on the mobile device (such as access to the camera, data and files stored in the memory of the device).
2.2. The device on which the Application is to be launched has to meet the following technical criteria regarding the operating system:
- for the Application version downloaded from the App Store – iOS in the minimum version 7.0,
- for the Application version downloaded from Google Play – Android in the minimum version 2.2,
- for the Application version downloaded from the Windows Store – Windows Phone in the minimum version 7.5,
- for the Application version downloaded from BlackBerry World – BlackBerry in the minimum version 7.
2.3. Downloading and installing of the Application from other sources than the ones specified above may involve the risk of the Application being infected with undesired software or the risk of changes being introduced to the source code by third parties not related to the Operator.
2.4. The Application requires an active Internet connection.
3.1. The Application can be used free of charge. In the case of paid function being introduced, before the User uses them for the first time, he or she will be informed of the total price or remuneration for using these functions and the manner and term of payment.
3.2. The Users shall use the Application in a way that is compliant with the binding law, the TOU and the Terms of Service of online stores where the Application was downloaded from, as well as in line with the rules of social conduct, general rules of using the Internet and mobile applications.
3.3. In particular, the Users shall:
- use the Application in a way that does not disrupt its functioning,
- use the Application in a way that is not inconvenient for other users and the Operator, with due respect of personality rights of third parties (including the right to privacy) and all other rights they are entitled to,
- use all information and materials made available by means of the Application only in the extent of permitted use.
3.4. The Users shall immediately inform the Operator of any instance where their rights related to the use of Application are infringed.
3.5. The User may use the Application anonymously (without entering his or her personal details where envisaged or allowing access to personal data stored on the device where the Application was installed) or after entering his or her personal data (including location).
3.6. The User may contact the Operator by means of a form available in the Application by entering his or her full name, e-mail address, city, phone number and the inquiry. The Operator shall reply to the inquiry immediately.
IV. LIABILITY OF THE OPERATOR
4.1. The Operator runs ongoing supervision on the technical functioning of the Application, ensuring that it is properly operating. However, the Operator does not guarantee ongoing access to all functions of the Application or their failure-free operation.
4.2. The User uses the Application freely at his or her own risk. The Operator shall not be held liable for:
- damage or lost gains due to third party’s rights being infringed by the Users,
- damage or lost gains due to disrupted access to all or some of the functions of the Application,
- services, applications and websites provided by third parties.
4.3. The Operator shall not be held liable for restrictions or technical issues in ICT systems used by the Users’ mobile devices that allow them to use the Application and the services offered by means of the Application.
V. TERMINATION OF USE OF THE APPLICATION
5.2. Where it is found that the User commits actions forbidden by the law or the TOU or infringes rules of proper social conduct or Operator’s justified interests, particularly the Operator’s reputation, the Operator may take all action allowed by the law to limit the User’s access to the Application and the services provided by means of the Application.
5.3. The Operator reserves the right to suspend the services rendered by means of the Application at any time and due to any reasons as well as the right to change, remove or add new services rendered by means of the Application.
5.4. The User who is a consumer and entered into an agreement remotely or outside the premises of the business may withdraw from the agreement within 14 days without giving any reason and without any costs except for the costs specified in the provisions of law commonly binding in the Republic of Poland.
VI. INQUIRIES AND INFORMATION
7.1. All complaints and inquiries related to the operation and use of the Application and the services rendered by means of the Application should be e-mailed to the Operator at email@example.com.
8.1. The Operator has the right to change the TOU at any time. Should actualizing the TOU be necessary, the User shall be given opportunity to familiarize himself or herself with the new TOU by means of the Application. Changes in the TOU are binding for the User from the time he or she consents to them.
8.2. Should the User refuse to consent to changes in the TOU, the Administrator may terminate the binding Agreement concluded with the User or render services to the said User on previous terms.
8.3. The Operator ensures access to the TOU by means of a link on the website www.artsherlock.pl or subpages and by means of the Application.
VIII. FINAL PROVISIONS
9.1. In matters not settled in these TOU, relevant provisions of the Polish law shall apply, particularly provisions of the Civil Code, the Act of 18 July 2002 on provision of services by electronic means and the Act of 30 May 2014 on consumer’s rights.
- None of the provisions of the TOU shall be understood as a provision that infringes or limits the rights of the User who is a consumer. Should a given provision of these TOU be non-compliant with provisions commonly binding in the Republic of Poland that specify consumers’ legal situation, the said provisions of law shall apply.
- All disputes arising from the implementation of these TOU shall be settled by the competent common court. In cases of disputes where one of the part is a User who is not a consumer, the said dispute shall be settled by the competent court for the Operator’s seat.
- The personal data are administered by Fundacja Communi Hereditate with its seat in Warsaw (02-001), Al. Jerozolimskie 81 Apt. 7.10, entered into the National Court Register of Associations by the Regional Court for the Capital City of Warsaw in Warsaw, XII Commercial Division under KRS no. 0000476891, NIP: 7010397445
- The Operator makes every effort to ensure that the personal data are processed in accordance to the purpose they were collected for. Personal data processing takes place in line with law binding in the Republic of Poland, including the Personal Data Protection Act of 10 May 2018 (Journal of Laws of 2018 item 1000) and the Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and on the repeal of directives 95/46/WE (hereinafter referred to as ‘GDPR’). Should it be considered that personal data are processed by the Operator unlawfully, an individual can inform the Operator of this fact by mail at his address for correspondence or by e-mail at firstname.lastname@example.org. The individual also has the right to complain to the supervisory body – President of the Personal Data Protection Office (this can be done in writing, e.g. by mail at the address: President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warszawa).
- The Operator informs that the term ‘personal data’ stands for information on an individual who is either identified or who can be identified. Personal data processing pertains to activities that take place on the personal data in an automated or non-automated manner, such as collecting, storing, recording, organizing, modifying, reviewing, using, granting access to, limiting access to, deleting or destroying. The Operator processes personal data under the agreement for the use of the ArtSherlock application concluded with the User. Processing the Users’ personal data in essential for providing the service.
- The Operator informs that as part of using the Mobile Application, the User may give his or her personal data such as full name, e-mail address, city of residence, phone number and geolocation data, however, this is not necessary. In the case where the Operator concludes that an original work of art stolen from Polish collection was identified, he may identify the country where the photo was taken by analyzing the IP number. However, the Operator cannot attribute the data related to the photo to a specific User and his or her device, unless the said User gave his or her data in the contact form.
- In cases where the Website is used, information is collected regarding the IP number used by the Users to connect to the Website. The said data is used only for analysis and verification of the Website functioning and can be used for statistical purposes.
- Using the Mobile Application or the Website may involve saving cookie files (cookies) by the browser used by a given person. Cookies are usually small files that enable a given website to be ‘remembered’ as one that was connected to from a given device or browser. They can also contain data on actions taken by a given person in the Mobile Application or the Website. The User may block cookies in a given browser or on a given device by using options available in the said browser or device.
- The Operator declares that in the case where a work localized by the User proves to have been stolen from Polish collection during World War Two, the Operator may forward anonymous data of the User (e.g. location where the photo was taken, if the geolocation service was activated by the User) to the Division for Looted Art of the Ministry of Culture and National Heritage so that proper action aiming for the work to be retrieved can be commenced.
What personal data do we process?
The personal data we collect from the Users are: full name, address, e-mail address, city of residence, phone number, location where the photo was taken (optionally). These data are made available by the User voluntarily. The Mobile Application can be used to full advantage without the data being provided.
How and on what basis do we process personal data?
- The ArtSherlock application was created to identify Polish wartime losses. We assume that the Users share this intent of the application creators and this is their goal as well.
- The Users’ personal data are processed in the following manner:
- If the User takes a photo of a work of art, the photo is sent to a server or servers connected to the Application and the service for automated identification.
- If the User activated geolocation service, his or her location is ascribed to the taken photo of the work of art. Granting access to location data is voluntary. The User does not have to allow access to location, as it will not deprive him or her from fully enjoying functions provided in the Application.
- If the User activated the geolocation service, properly identified the work and sent us a contact form, the User’s data are ascribed to the taken picture.
- The Users’ personal data are hence processed to render the service to them, meaning that we allow them to use the ArtSherlock application to verify if a given object the photo of which was taken by the User is a sought work of art lost during World War Two. To this aim, the User may give his or her personal data to facilitate contact to specify the location of the photographed work or preserve the tile of the author of a given photo. In this case, the User’s personal details are processed under Article 6 Section 1(b) of GDPR, i.e. a situation where personal data processing is essential for the implementation of the agreement of which the data subject is a party, and Article 6 Section 1 (a) of GDPR, i.e. a situation where the data subject gave his or her consent.
- The Users’ personal data shall be also processed for processing complaints. To this aim, we process the full name of the User, e-mail address or address of correspondence and the description of the filed complaint. In this case, the User’s personal data are processed under Article 6 Section 1 (b) of GDPR, i.e. a situation where personal data processing is essential for the implementation of the agreement of which the data subject is a party.
- Moreover, personal data shall be also processed to allow communication with the User, e.g. when informing the User of the TOU actualization or manner in which services are to be rendered. To this aim, we process the full name and the e-mail address. In this case, the User’s personal data are processed under Article 6 Section 1 (b) of GDPR, i.e. a situation where personal data processing is essential for the implementation of the agreement of which the data subject is a party.
- We also process personal data to deal with, pursue and defend against mutual claims in cases where they arise – here, personal data processing is done under Article 6 Section 1 (f) of GDPR, i.e. a situation where processing is essential for purposes arising from legally justified interests executed by the administrator.
Whom do we provide the Users’ personal data to?
The access to the Users’ personal data is given to:
- Employees of the Operator who execute services for the User, work on maintaining the Website and the ArtSherlock application.
- Home.pl S. A. with registered seat in Szczecin, ul. Zbożowa 4, 70-653 Szczecin, entered into the National Court Register of Associations kept by the Regional Court in Szczecin– Szczecin Centrum, XIII Commercial Division, under KRS no. 0000431335, NIP 8522103252, rendering hosting and e-mailing services.
How long are we going to process the personal data?
The Users’ personal data are processed as long as provisions of law allow us to, that means, under the timeframe of the service agreement, plus the extra term of expiration of possible claims.
How do we protect the personal data?
The Operator processes personal data ensuring processing protection measures adequate to the risk related to the processing. The said measures aim to prevent illegal data processing and incidental loss, destruction or damage to the data. The Operator processes personal data pursuant to the provisions of Article 5 of GDPR, that is:
- pursuant to law, in a reliable and transparent manner,
- collects personal data for specific purposes justified by law and undertakes not to process them in a manner that is not compliant with these purposes,
- processes personal data in an adequate way, to the extent that is necessary for reaching the goals the said data are processed for,
- only valid and up-to-date data are processed,
- the data are stored in a form that allows the data subject to be identified, only within a timeframe that is necessary for reaching the goals the said data are processed for,
- the data are processed in a manner that ensures they are properly protected,
- the data are processed in a manner that ensures that rights of the data subjects are fulfilled,
- the data are not transferred without proper protection to countries outside the European Economic Area or international organizations.
What rights does the User have regarding personal data processing?
The User has the right to:
- obtain information whether the Operator is processing personal data and if so, for what purpose and to what extent, on what basis and for how long, and who is given access to the said data.
- demand that the Operator gives the User access to his or her personal data to correct them, delete them or limit the processing of the data. The User also has the right to file objection against the data being processed or transferred. If the User want to make use of this right, he or she should send an e-mail at email@example.com.
- demand that the Operator immediately removes the User’s personal data in cases where:
- the personal data are not required anymore or purposes they were collected for or processed otherwise,
- the consent the processing is based on was withdrawn by the User and there is no other legal basis for the personal data to be processed,
- filed objection against the personal data being processed by the Operator and there are no overriding legally justified grounds for the said data being processed by the Operator, or in cases where the personal data were processed unlawfully.
- demand that the personal data processing is limited until the Operator handles a claim to correct the data if the User considers the said data incomplete or incorrect.
- withdraw his or her consent to the processing of the personal data.
- file claim to the supervisory body, i.e. the President of the Personal Data Protection Office, if the User considers that the Operator infringed his or her rights (this can be done by, e.g. writing at the address President of the Personal Data Protection Office, ul. Stawki 2, 00-193 Warszawa).
- file objection against the Operator processing the User’s personal data to pursue a legally justified interest. In this case, the Operator shall cease to process the data if there is no other basis not to do so.
- Receive his or her personal data that were given to the Operator in a structured commonly used machine-readable format. The User also has the right to demand that the Operator sends the data to another administrator provided that:
- the processing takes place on the User’s consent or based on an agreement and
- the processing takes place in an automated manner.
- demand that his or her personal data processing be limited in cases where:
- the validity of the personal data is questioned – where the Operator ceases to process the said data within a timeframe that allows validity of the said data to be verified;
- processing is not compliant with the law, but the User does not consent to the personal data being deleted, demanding instead that their use is limited;
- the Operator does not need anymore the said personal data for processing, but they are necessary for the User to determine, pursue or defend his or her claims;
- filed objection against the processing of the personal data – in such case, until it is determined if there are legally justified grounds and whether they take precedence over the grounds for objection.
- File a motion for the data to be removed (“the right to be forgotten”). This does not pertain to a situation where processing is essential for:
- using one’s rights and freedom of speech and information,
- fulfilling one’s legal obligation to processing under the EU law or the Polish law, or fulfilling a task of public interest,
- archival purposes of public interest, scientific research purposes or historical study purposes or statistical purposes,
- determining, pursuing or defending claims