RULES FOR THE PROVISION OF ELECTRONIC SERVICES
SECTION I. General provisions
1. The terms used in these Rules have the following meaning:
Controller (also as the “Institute”) - the Polish Book Institute with the registered office in Kraków (zip code 31-148), 6 Wróblewskiego Street, which acts as a service provider within the meaning of Article 2, paragraph 6, of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2016, no. 0, item 1030, as amended.), providing access to the Website in accordance with the principles set out in these Rules;
Libraries - libraries within the meaning of the Act of 27 June 1997 on libraries (Journal of Laws of 2012, item 642, as amended), which maintain library catalogues using MAK+ Application, and whose services are used by the Reader on terms set out in their rules;
Reader - a natural person who is a service recipient within the meaning of Article 2, paragraph 7, of the Act on the provision of electronic services and who uses electronic services provided by the Controller on terms set out in these Rules. In the case of Readers under 16 years of age who intend to use services in accordance with the principles set out in these Rules, Online Reader Account must be created by a parent or a legal guardian.
MAK+ Application - an integrated library system supporting library operations, whose integral part is the nationwide search engine for books in the Libraries, available at www.szukamksiążki.pl.
Rules - this document, laying down terms and conditions for the use of electronic services provided by the Controller, as well as rights and obligations of the Reader and the Controller;
GDPR - 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.
Website - a website available at www.szukamksiążki.pl, which allows to use services provided by the Controller to the Reader;
2. Pursuant to Article 8, paragraph 1, sub-paragraph 1, of the Act of 18 July 2002 on the provision of electronic services, the Controller hereby establishes the “Rules for the provision of electronic services”.
SECTION II. Electronic services
3. On the basis and within the limits set out in these Rules, the Controller provides the following services on the Website:
- verification of the Reader identity in order to activate the Online Reader Account,
- activation of the Online Reader Account,
- access to the content of the Website through the Online Reader Account,
- use of the Online Internet Reader Account, which provides in particular the following functionalities:
- allowing the Reader to search for the items the Reader is interested in the available library resources;
- booking or queuing of the selected items;
- browsing the list of Libraries in which the Reader has been registered, and their address database;
- contact with the Libraries in which the Reader has been registered,
- browsing information about borrowed or reserved items in the Libraries,
The Controller does not charge any fees for using services provided on the Website.
The Controller reserves the right to modify services and their functionality at any time, in particular by introducing new features and improvements for the Reader.
SECTION III. Terms and conditions for the use of services and principles of the liability
6. A prerequisite for setting up an Online Reader Account is to register with any of the Libraries using the MAK+ Application in accordance with the rules laid down in the Act of 27 June 1997 on libraries, and to agree to the processing of personal data in order to use the Website. In the case of Readers under the age of 16, only a parent or legal guardian is authorized to set up the Reader account.
7. The technical requirements for using services provided on the Website are as follows:
- connection to the Internet;
- an e-mail account;
8. Prior to the commencement of the use of services provided on the Website, the Reader is required to read the provisions of the Rules.
9. The Reader undertakes to comply with the provisions of the Rules when using the Website and services provided on the Website.
10. The Reader undertakes to refrain from any actions that might hinder or destabilize operation of the Website or the use of its functionalities.
11. The Controller undertakes to ensure the highest possible quality and stability of the Website and services provided on the Website. However, the controller is not responsible for interruptions caused by force majeure or unauthorized activities of third parties.
12. The Controller is not responsible for temporarily inability to use the Website, caused by implementation of new solutions and improvements on the Website. The Controller will notify the Readers about planned interruptions in the operation of the Website or any inconvenience in its use.
13. The Controller reserves the right to carry out maintenance works of the IT equipment used to provide access to the Website, which may cause temporary difficulties or prevent the Readers from using selected services or the entire Website. The Controller undertakes to publish in advance the date and expected duration of maintenance works on the Website. In such a case, the Controller does not bear any responsibility towards the Readers.
14.In particular cases which affect the security or stability of the Website, the Controller reserves the right to temporarily restrict or terminate access to the Website without prior notice to Users, and to carry out maintenance works with a view to restore the security and stability of the Website. In such a case, the Controller does not bear any responsibility towards the Readers.
15. The Controller is not responsible for the content provided or posted on the Website by third parties. In particular, the Controller is not responsible for the information provided by the Libraries regarding availability of the library resources selected by the Reader.
SECTION IV. Moment of conclusion and termination of the contract for the provision of electronic services
16. The contract for the provision of services is concluded upon acceptance of these Rules and insertion by the Reader of the required data on the website at the address www.szukamksiążki.pl in order to verify the Reader identity.
17. The Reader may terminate the contract for the provision of electronic services by checking the option “Delete my account” under the “Settings” tab on the Website. The account will be deleted within 72 hours after the reader checked the option referred to in the previous sentence.
18. The Reader may stop using services provided on the Website at any time by using the logout option.
SECTION V. Complaints
19. The Reader has the right to file a complaint if the Controller fails to meet the Controller’s obligations set out in these Rules or meets them in a manner inconsistent with the provisions of the Rules.
20. Complaints may be submitted in electronic form to the address: email@example.com. The complaint should contain in particular a description of the problem forming the basis for the complaint, as well as contact details of the Reader filing the complaint (complainant): name and surname, e-mail address.
21. The Controller handles the complaint within 30 days from the date of its receipt in the correct form. If the complaint cannot be handled by the given deadline, the Controller will notify the complainant by that deadline about the reasons for the delay and the expected deadline by which the complaint will be handled.
22. The complaint may be filed within 30 days from the moment the reason for the complaint has been detected.
23. Reply to the complaint and information referred to in the second sentence of section 20 is sent to the e-mail address indicated by the complainant. In particular circumstances the reply may be sent using other means of communication (for instance by traditional post).
24. The Controller will not handle complaints resulting from ignorance of the applicable legal regulations or provisions of these Rules.
25. In the event of a breach of the complaint procedure, the complaint may be rejected.
SECTION VI. Protection and rules for the processing of personal data of the Readers
26. On the basis 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 or GDPR) in connection with the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2016, no. 0, item 1030, as amended), the Controller, acting as the data controller, is entitled to process personal data of the Readers for the purposes of the provision of electronic services and marketing of the Controller own products and services in a manner consistent with the Rules, also through electronic terminal devices, if the Reader gives a separate and explicit consent to this. Additionally, the Reader data may be processed by entities cooperating with the Controller for marketing purposes, subject to the Reader consent granted under the “Settings” tab on the Website. The entities cooperating with the Controller include, in particular, publishing houses.
27. In order to properly perform services provided through the Website, in particular verification of the Reader identity and activation of the Online Reader Account, the Controller will obtain from the Libraries in which the Reader has been registered necessary personal data of the Reader, namely:
- names and surnames,
- PESEL number,
- registered address,
- address for correspondence if it is different from the registered address,
- e-mail address,
- number of the identity document in the case of the Reader being a foreigner.
28. The Controller may disclose personal data of the Readers only to entities authorized under applicable legal regulations (for instance the police), in cases set out in the Rules and resulting from the applicable legal circumstances.
29. The Reader has the right to inspect their data and correct it. The Reader may exercise the right to be forgotten by sending a message to the address firstname.lastname@example.org. Additionally, the Reader has the right to object to the processing of data by the Controller for the purposes of marketing the Controller products and services and to the provision of data to other data controllers. Provision of data is voluntary, but necessary for the Controller to provide services specified in these Rules. The Reader may at any time exercise the right to withdraw the granted consents by deselecting the checked options under the “Settings” tab, as well as exercise the right to request the following from the personal data controller:
The right to information about processing of personal data - on this basis the Controller provides the person submitting such a request with information about processing of personal data, first of all about the purposes and legal grounds for the processing, scope of data held, entities to which personal data is disclosed, and the planned date of its removal;
The right to obtain a copy of data - on this basis, the Controller provides a copy of the processed data of the person making the request;
The right to rectification – on this basis, the Controller removes any discrepancies or errors regarding the processed personal data, as well as supplements or updates it if it is incomplete or has changed;
The right to delete data – on this basis, one may request deletion of data whose processing is no longer necessary in order to achieve any of the purposes for which it has been collected;
The right to limit data processing – on this basis, the Controller ceases to carry out operations on personal data, except for operations agreed to by the data subject and its storage, in accordance with the accepted retention rules or until the reasons for the limitation of data processing no longer apply (e.g. a supervisory authority issues a decision allowing further data processing);
The right to data transfer – on this basis, to the extent the data is processed in connection with the concluded contract or granted consent, the Controller makes data provided by the data subject available in a format that allows their reading by the computer. It is also possible to request that data be sent to another entity - provided, however, that there are technical possibilities in this respect both on the part of the Controller and that other entity;
The right to object to the processing of data for marketing purposes – the data subject may at any time object to the processing of personal data for marketing purposes without the need to justify such objection;
The right to object to the processing of data for other purposes – the data subject may at any time object to the processing of personal data on the basis of a justified interest of the Controller (e.g. for analytical or statistical purposes or for reasons related to the protection of property). The objection in this respect should include justification and is subject to the Controller assessment;
The right to withdraw consent – if the data is processed on the basis of consent, the data subject has the right to withdraw it at any time, however it shall not affect the lawfulness of the processing made before withdrawal of the consent;
The right to complaint – should it be found that the processing of personal data violates provisions of the GDPR or other provisions on the protection of personal data, the data subject may file a complaint with the President of the Office for Personal Data Protection.
30. The Controller ensures safety of the Reader personal data by taking necessary technical and organizational measures laid down in the General Data Protection Regulation. The Controller takes technical measures preventing acquisition and modification by unauthorized persons of the personal data sent electronically. In particular, these include encrypted links (https) and means used to authenticate the Reader (individual identifiers and passwords).
31.cShould the services provided on the Website be used in a manner inconsistent with these Rules or applicable legal regulations, the Controller has the right to use the Reader data to the extent necessary to establish the Reader liability. In such a case, the Controller will notify the Reader of the illegal activities and will request that they should be immediately stopped.
32. The Reader has the right to file with the personal data protection authority a complaint about the manner the Reader data is processed by the Controller.
SECTION VII. Final provisions
33. The Controller points out that the Website contains content protected by intellectual property rights, in particular works protected by copyright. The Reader undertakes to observe intellectual property rights (including proprietary copyright and industrial property rights such as trademark rights) vested in the Controller.
34. These Rules are effective as from 25 May 2018.
35. The effective Rules are available to the Readers at the following address www.szukamksiążki.pl
36. The Controller has the right to amend provisions of these Rules or to introduce new ones. The Controller will notify the Reader by e-mail about amendments to the Rules or introduction of new ones.
37. The new Rules or amendments to the currently applicable ones will enter into force after 14 days from the date on which the Reader has been notified about the amendments to the Rules or introduction of new ones, unless the Reader terminates the contract for the provision of electronic services in the manner set forth in section 17 of the Rules. In such a case, the Online Reader Account will be deleted within the time limit specified in the second sentence of section 17 of the Rules.
38. Contact details:
Data controller: Polish Book Institute, ul. Zygmunta Wróblewskiego 6, 31-148 Kraków, e-mail: email@example.com
Data Protection Officer contact details: e-mail: firstname.lastname@example.org