Rules and Regulations

 

§ 1

Basic definitions

The terms used in these Rules and Regulations, hereinafter referred to as the Regulations, shall have the following meaning:

  1. Website - the Szukaj w Archiwach Website, available at www.szukajwarchiwach.gov.pl;

  2. Administrator - the administrator of the Website, i.e. the National Digital Archives, which is the central state archive with its registered office at ul. Hankiewicza 1, 02-103 Warsaw, also referred to as the NDA.

  3. Local Administrator - entity holding a Service account, in particular a state archive, association or foundation. The Local Administrator shall be responsible for the publication of the Descriptions and Materials on the Website and for managing the content associated with his account. He shall perform his tasks through the accounts of the Archive Editor and the Reading Room Administrator..

  4. Descriptions - descriptions (metadata) of archival materials presented on the Website by the Local Administrator, sourced from the Integrated Archive Information System [Polish: Zintegrowany System Informacji Archiwalnej (ZoSIA)]. Materials may be linked to the Description.

  5. Materials – digital copies of archival materials presented on the Website by the Local Administrator, sourced from the Integrated Archive Information System (ZoSIA). The Materials are directly linked to the Descriptions.

  6. Work - a given Material and other text element added by the Administrator, Local Administrator or the User of the Website constituting works within the meaning of the Act of 4 February 1994 on copyright and related rights.

  7. User - a natural person using the Website. The User can register and create an account on the Website.

  8. Collection - proprietary collection consisting of Works contained on the Website and text elements created by the User of the Website, Administrator or Local Administrator, within the meaning of Article 3 of the Act of 4 February 1994 on copyright and related rights.

 

§ 2

Administration, substantive supervision and technical requirements

  1. The Website Administrator shall exercise technical supervision over the functioning thereof and shall store digital copies of the Materials presented on the Website in the Central Digital Repository of the State Archives.

  2. The Administrator shall prepare and make available the content concerning the functioning of the entire Website, in particular that contained in sections or tabs such as "News", "How to search", "About the service" and others.

  3. The Local Administrator shall be responsible for the preparation and publication of the content related to his own activity or the Materials he makes available, in particular the content contained in the sections or tabs "News", "Description" and others.

  4. The substantive supervision (i.e. the control of the correctness of the Descriptions, accuracy of the published Materials and their quality) shall be exercised by the respective Local Administrator. The access to the original versions shall be possible in the research room of the Local Administrator who shall publish the Materials on the Website.

  5. The Local Administrator shall be responsible for verifying whether the copyright status of Descriptions and Materials enables the publication thereof on the Website.

 

§ 3

Terms of use of the Website and the Materials posted therein

  1. The use of the Website shall be voluntary. In order to search on the Website, these Regulations shall be accepted.

  2. The use of the Website shall be free of charge and shall not require logging in. The User of the Website may register with the Website, pursuant to § 4, in order to access personalised functionalities thereof such as: Collections, See in the archive, Order scans, To Favourites, Save Search, Make a remark , Identify Material, Add Tag, Your searches, Edit scan (Add Bookmark, Pin, Cut), Ask a question to the Website Administration.

  3. All rights to the Website and all the components thereof, including software, functional layout, graphic elements and databases, shall belong to the Administrator and shall be protected by law, in particular by copyright law. Copying of any protected elements of the Service shall constitute an infringement of the rights vested in the Administrator.

  4. The Materials that constitute Works found in the resources of the Website, depending on the situations referred to in the paragraphs hereunder, shall be accordingly: in the public domain and may be freely used, or shall be subject to copyright protection and the author’s economic rights shall be vested in the State Treasury and shall be subject to reuse under the principles provided for in the Act of August 11 2021 on open data and reuse of public sector information, or the author’s economic rights shall be vested in third parties (publishing entities such as associations, natural persons, other entities), for the use of which consent (licence) must be obtained from the holder of the author's economic rights.

  5. Unless the publishing entity stated otherwise in the Description, the Material shall be in the public domain and the use thereof shall not be subject to restrictions under the copyright law.

  6. Making available the Material fulfilling the prerequisites of a work within the meaning of the Act of 4 February 1994 on copyright and related rights, to which the author's economic rights belong to the State Treasury (designation in the Description: "Copyright owned by the archive") shall take place on the basis of Article 3 (1) of the Act of August 11, 2021 on open data and reuse of public sector information and Art 16c(2) of the Act on the National Archival Resource and State Archives of July 14, 1983, and the use thereof shall not require obtaining a licence or permit.

  7. The Material fulfilling the prerequisites of a work within the meaning of the Act of 4 February 1994 on copyright and related rights which is not in the public domain as its copyright protection has not expired yet or whose author's economic rights are not vested in the State Treasury (designated in the Description as "Restricted copyright" or "No Data"), shall be subject to legal protection, and the copying and use thereof without permission (licence) granted by the holder of the author's economic rights shall constitute an infringement. In order to obtain a licence for the use thereof, the appropriate application shall be submitted to the relevant Local Administrator.

  8. Should the publishing entity so indicate in the Description and a given Description fulfil the prerequisites of a work within the meaning of the Act of 4 February 1994 on copyright and related rights, the relevant Local Administrator indicated in the Description shall be the holder of the author's economic rights, unless another entity has been indicated as the owner of the author's economic rights thereto.

  9. Unless otherwise indicated in the Description, it shall be made available for free use.

 

§ 4

User account, personal data

  1. The Service User may sign up on the Website subject to the following conditions:

    1. he has attained the age of 18 or 16 and declares that he has obtained the consent of his statutory representative to register on the Website;

    2. he has provided valid personal data as indicated in section 2, User name and password to access the Website.

  2. The data collected by the Administrator shall be:

    1. data required for registration:

      1. first name and surname,

      2. User name (login),

      3. e-mail address,

    2. data required for the "Order scans" service: residential address;

    3. optional information: organisation, locality, Tax Identification Number, telephone number, "About me" information.

  3. The Administrator of the personal data of the User registered on the Website shall be the NDA.

  4. User data shall be stored on the servers administered by the NDA.

  5. By registering on the Website, the User shall give his consent to the Administrator to collect and process his personal data for the following purposes: use of the Website by the registered User, publication of corrected Descriptions, maintenance work and administration of the User account. The User shall have the right to access his data, rectify it and request its erasure in accordance with the principles of data processing by the Service Administrator (the NDA), referred to in the General Data Protection Regulation (the GDPR) Clause constituting an integral part of these Regulations.

 

 

§ 5

Obligations of the registered User

  1. The User registered on the Website shall refrain from making his account available to third parties, and in particular shall not disclose his User password to them.

  2. The User registered on the Website shall be obliged to observe good practices while using the Website, in particular not to publish content that is commonly regarded as vulgar, offensive, contrary to the law or infringing the rights of others, including personal rights.

  3. The User registered on the Website shall undertake to publish only the content of which he is the author or in respect of which he holds the author's economic rights. In the case of posting the content the author of which is a third party, and provided that it is posted on the basis of the right of quotation, the User shall be obliged to indicate the author and the source of quotation.

  4. Should the rules indicated in sections 2 and 3 be violated or the User upload illegal content, the Administrator shall be entitled to remove the content uploaded by the User at its own discretion and to block the registered User from uploading such content.

  5. The Administrator shall reserve the right to remove the content not violating the rules specified in § 6 (2) and (3) hereinabove without notice, in the event that the Descriptions and Materials related thereto are removed from the Website.

     

 

§ 6

Identification Section

  1. The Administrator shall provide the registered Users of the Website with a possibility to submit comments (including supplements and corrections) to Descriptions made available on the Website. The User may provide a source, enabling verification of the provided information.

  2. The comments indicated in section 1 shall be forwarded to the relevant Local Administrator.

  3. The Local Administrator shall reserve the right to verify the information obtained from the Registered User in the manner referred to in sections 1 to 2 hereinabove and to supplement the Description of the Materials accordingly, in compliance with the comments made via the Website, or to disregard such comments in the Descriptions.

  4. The Registered User submitting a comment in accordance with § 7 (1), shall make the content thereof available for free use by all users of the Website, as well as the Administrator and Local Administrators, provided that the comment concerning the Description has been acknowledged by the Local Administrator.

 

§ 7

Collection Section

  1. The Administrator shall provide the Registered Users of the Website with the possibility of creating original Collections composed of Materials published on the Website and text elements (title, description of the collection, tags).

  2. The Description of the Collection created by the User shall be the result of his individual creative activity. The use of works or parts thereof in the Description of a Collection, for which the author's economic rights are vested in third parties, shall be possible only on the basis of the right of quotation, with indication of the author and the source of the quoted fragment.

  3. The owner of the author's economic rights to the created Collection fulfilling the prerequisites of a work within the meaning of the Act of 4 February 1994 on copyright and related rights shall be the Registered User of the Website whose creative activity shall result in such a Collection.

  4. By sharing the Collection publicly on the Website (by clicking on the "Public collection" button), the Registered User shall make it available free of charge under the terms of the Creative Commons Attribution License (CC-BY 3.0 PL). The Registered User shall not be entitled to any claims against the Administrator in the event of making his Collection publicly available. The Administrator shall not be held accountable for the manner in which third parties use the publicly available Collection of the User.

 

§ 8

Administrators Responsibility

  1. The Administrator shall be responsible for managing the content of the Website listed in § 2 (2).

  2. The Local Administrator shall be responsible for the management of the content associated with his account. He shall perform this task through persons designated by him being authorised to act as the Administrator of the Reading Room and the Editor of the Archive.

  3. The Local Administrator shall make every effort to ensure that the rights of third parties, including personal data protection, author's economic rights and rights to protection of image are not infringed by publication of the materials presented on the Website. Any possible claims shall be reported to the Local Administrator in relation to the given Material.

  4. The Administrator (in justified cases and following consultation with the Local Administrator) shall be entitled to remove contents that have been unlawfully posted on the Website. It shall concern, in particular, the content infringing the copyright or related rights of third parties or otherwise illegally posted by the User, in accordance with the notice and take down procedure, i.e. after being informed of the unlawful nature of the content uploaded, i.e. upon receiving an official notification or obtaining reliable information on the unlawful nature of the data or activities related thereto. In such a case, the Administrator shall immediately restrict the access to the data. The Administrator shall then decide whether to remove the data reported for deletion.

  5. The Administrator shall not guarantee uninterrupted and undisturbed availability of the Website or the respective parts thereof to all Users, whereas he shall make every effort to ensure that the Website is available without any interruptions and with all the functionalities thereof. The Administrator shall reserve the right to discontinue access to any part of the Materials (as well as Descriptions) presented on the Website without prior notice given to the Users.

  6. The Administrator shall not be liable for the accuracy of the Descriptions and Materials posted by the Local Administrator.

  7. The Administrator shall not be held accountable for any damage caused by the actions or omissions of the Users of the Website, including for the use thereof in a manner inconsistent with applicable law or these Regulations, or for any damage or harm which may be suffered by the Users through reading the Materials (e.g. if they consider them to be drastic or offensive). In particular, neither the Administrator nor Local Administrator shall be liable for the consequences and manner of use of the Materials presented on the Website by the Users.

  8. The Administrator shall also not be liable for damage incurred by the Website Users as a result of actions of third parties (telecom operators, etc.).

 

§ 9

Final provisions

  1. The NDA shall be entitled to amend the content of these Regulations at any time without the necessity of giving any reason, at the same time informing the recipient via e-mail message along with the information about the possibility to resign from the further use of the Website service, within 14 days from the date of receiving such information, in the case of failure to accept the amendments to the Regulations.

  2. In the matters not governed by these Regulations the provisions of Polish law, including the Civil Code, shall apply.

  3. The Regulations shall enter into force on the date of the publication thereof at www.szukajwarchiwach.gov.pl under the link www.szukajwarchiwach.gov.pl/warunki-i-regulamin-serwisu and shall replace the previous version of the Regulations.

 

Concluding remarks:

The authors of the Website and Descriptions of Archival Materials shall make every effort to ensure that the provided Descriptions are complete, reliable and correspond to reality. Nevertheless, despite the due care, there is a possibility that inadvertent errors and omissions may occur in the Descriptions for which the NDA shall not be held accountable.

 

The GDPR Clause

Pursuant to Article 13 (1) and (2) of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119 of 4 May 2016, p. 1), hereinafter referred to as the "GDPR", we inform you that:

  1. The Administrator of your personal data is the National Digital Archive (the NDA), [with its registered office at:] ul. Hankiewicza 1, 02-103 Warsaw,

  2. In the matters of the personal data protection it is possible to contact the personal data protection officer at the e-mail address: iod@nac.gov.pl,

Your personal data will be processed pursuant to Article 6(1)(a) of the GDPR on the basis of your consent in order to make it possible to use extended functionalities of the szukajwarchiwach.gov.pl website referred to, in particular, in section 3 of the Regulations, to benefit from financial and accounting services, as well as mailing services related to orders for higher resolution scans. The personal data will also be processed on the basis of Article 6(1)(e) of the GDPR in order to perform a task in the public interest in the form of making the services of the szukajwarchiwach.gov.pl website available, including the extended functionalities.

Providing your personal data is voluntary, however, in the case of failing to provide such data, you will not be able to use extended functionalities of the Website, referred to, in particular, in § 3 of the Regulations.

The National Digital Archives may disclose and make your personal data available to other entities or natural persons authorized on the basis, and within the limits specified by law, in particular to entities providing services related to the maintenance and development of the Website including IT services, to the Local Administrators publishing archival materials (Materials) and the metadata thereof (Descriptions) on the Website for the purposes related to their archival activity: making archival materials available, their classification, as well as processing orders for the higher-resolution scans thereof (in such case the data may be transferred to the service providers performing such tasks), to the entities providing courier/postal services.

With regard to your personal data, making decisions shall not be subject to automated processing, pursuant to Article 22 of the GDPR.

The Administrator does not intend to transfer the personal data to a third country or international organisation.

You have the right to:

  1. access your personal data, pursuant to Article 15 of the GDPR;

  2. rectify your personal data, pursuant to Article 16 of the GDPR;

  3. erase your personal data, pursuant to Article 17 of the GDPR;

  4. request the Administrator to restrict the processing of your personal data, subject to the cases referred to in Article 18(2) of the GDPR, pursuant to Article 18 of the GDPR;

  5. lodge a complaint with the President of the Personal Data Protection Office, if you believe that the processing of your personal data infringes the provisions of the GDPR;

  6. personal data portability, as referred to in Article 20 of the GDPR;

  7. withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.

  8. object to the processing of personal data on grounds relating to the particular situation of the data subject or when processed for the purposes of the NDA’s direct marketing, provided that the legal basis for such processing is Article 6(1)(e) of the GDPR.

 

The User consent to the use of the SwA Website administered by the NDA

[X] I declare that I have read and accepted the Regulations of the Website and the GDPR Clause,

[X] I agree to the processing of my personal data by the National Digital Archives, the Administrator, for the purpose of the services of the Szukaj w Archwiach Website provided electronically. I am aware that I have the right to withdraw my consent at any time by sending a statement to the e-mail address:szukajwarchiwach@nac.gov.pl or to delete my account.

 

 

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