Museum open at 12:00pm
Cinema is closed now
Museum open at 12:00pm
Cinema is closed now
Information Clause
for persons employed under civil law contracts
Pursuant to 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 (GDPR), we present full information concerning the processing of your personal data.
PERSONAL DATA CONTROLLER
The controller of your personal data is the Museum of Modern Art in Warsaw, address: ul. Pańska 3, 00-124 Warsaw, entered in the register of cultural institutions of the Capital City of Warsaw under No. RIK/1/2023, National Business Register Number [REGON]: 140187435, NIP (Tax Identification Number): 525-234-18-32 (‘Museum’).
In matters concerning the protection of personal data, the Museum can be contacted:
a) by post: to the address of the Museum's registered office,
b) by e-mail: iod@artmuseum.pl
The controller of your personal data is the Museum of Modern Art in Warsaw, address: ul. Pańska 3, 00-124 Warsaw, entered in the register of cultural institutions of the Capital City of Warsaw under No. RIK/1/2023, National Business Register Number [REGON]: 140187435, NIP (Tax Identification Number): 525-234-18-32 (‘Museum’).
In matters concerning the protection of personal data, the Museum can be contacted:
a) by post: to the address of the Museum's registered office,
b) by e-mail: iod@artmuseum.pl
DATA PROTECTION OFFICER
The Data Controller has appointed a Data Protection Officer who can be contacted by email at: iod@artmuseum.pl
The Data Controller has appointed a Data Protection Officer who can be contacted by email at: iod@artmuseum.pl
PURPOSES AND GROUNDS FOR PERSONAL DATA PROCESSING
Your personal data will be processed by the Museum primarily for the purpose of concluding and performing a civil law contract to which you are a party.
The legal basis for the processing of personal data is:
1. Article 6(1)(b) – which means that the processing is necessary for the performance of an agreement to which the data subject is a party,
2. Article 6(1)(c) and Article 9(2)(b) of the GDPR – which means that processing is necessary for compliance with legal obligations to which the Museum is subject (acting, inter alia, as a contribution payer in connection with the conclusion of a civil law contract), as well as for the purposes of carrying out the obligations and exercising specific rights of the Museum or of the data subject in the field of social security and social protection law; this concerns, in particular, the processing of personal data:
a) for social insurance purposes, including in connection with the reporting of specific events concerning employed persons to the Social Insurance Institution (ZUS),
b) for tax purposes,
c) for the purpose of archiving documentation, including pursuant to the provisions of the Act on the National Archival Asset and Archives.
The following legislation may also be the legal basis for processing your personal data:
3. Article 6(1)(c) of the GDPR in conjunction with Article 10 of the GDPR – which means that processing is necessary for compliance with legal obligations by the Museum, as the data controller, in respect of verifying persons conducting activities specified in Article 21(1) of the Act on Counteracting Sexual Offence Threats and the Protection of Minors, including in the field of education or the pursuit of other interests by minors or their care, in the Register of Sexual Offenders (if applicable),
4. Article 6(1)(f) and Article 9(2)(f) of the GDPR – in respect of personal data processed for purposes arising from legitimate interests pursued by the Museum, as controller, or by a third party, which include the establishment, investigation and defence of potential claims,
5. Article 6(1)(f) – in respect of personal data processed for the purposes of legitimate interests pursued by the Museum, as controller, or by a third party, which may include:
a) protection of interests of the Museum as data controller,
b) achieving the Museum's objectives,
c) carrying out video surveillance on the grounds and in the facilities where the Museum operates - in order to ensure the safety of persons and the protection of property, including in fulfilment of the obligation to keep confidential information the disclosure of which could expose the Museum to harm,
6. Article 6(1)(a) of the GDPR – in respect of personal data other than those set out above, insofar as you have given your consent to their processing; where the processing of personal data will require your consent, the Museum will take all necessary steps to obtain such consent from you before processing your personal data.
The provision of personal data, including basic personal data and data required for reporting to the relevant state authorities (Tax Office, ZUS), as well as the provision of an image for the purposes of video surveillance, is necessary for the establishment and execution of the civil law contract concluded by you with the Museum. The consequence of failing to provide data may be the impossibility of concluding or performing a civil law contract or the impossibility of exercising certain rights or granting social security benefits.
In the case of personal data processed on the basis of consent, there are no legal consequences associated with the refusal to consent and thus the refusal to process your personal data in this respect. In the case of data processed on the basis of consent, you will be provided with additional information related to your consent.
Your personal data will be processed by the Museum primarily for the purpose of concluding and performing a civil law contract to which you are a party.
The legal basis for the processing of personal data is:
1. Article 6(1)(b) – which means that the processing is necessary for the performance of an agreement to which the data subject is a party,
2. Article 6(1)(c) and Article 9(2)(b) of the GDPR – which means that processing is necessary for compliance with legal obligations to which the Museum is subject (acting, inter alia, as a contribution payer in connection with the conclusion of a civil law contract), as well as for the purposes of carrying out the obligations and exercising specific rights of the Museum or of the data subject in the field of social security and social protection law; this concerns, in particular, the processing of personal data:
a) for social insurance purposes, including in connection with the reporting of specific events concerning employed persons to the Social Insurance Institution (ZUS),
b) for tax purposes,
c) for the purpose of archiving documentation, including pursuant to the provisions of the Act on the National Archival Asset and Archives.
The following legislation may also be the legal basis for processing your personal data:
3. Article 6(1)(c) of the GDPR in conjunction with Article 10 of the GDPR – which means that processing is necessary for compliance with legal obligations by the Museum, as the data controller, in respect of verifying persons conducting activities specified in Article 21(1) of the Act on Counteracting Sexual Offence Threats and the Protection of Minors, including in the field of education or the pursuit of other interests by minors or their care, in the Register of Sexual Offenders (if applicable),
4. Article 6(1)(f) and Article 9(2)(f) of the GDPR – in respect of personal data processed for purposes arising from legitimate interests pursued by the Museum, as controller, or by a third party, which include the establishment, investigation and defence of potential claims,
5. Article 6(1)(f) – in respect of personal data processed for the purposes of legitimate interests pursued by the Museum, as controller, or by a third party, which may include:
a) protection of interests of the Museum as data controller,
b) achieving the Museum's objectives,
c) carrying out video surveillance on the grounds and in the facilities where the Museum operates - in order to ensure the safety of persons and the protection of property, including in fulfilment of the obligation to keep confidential information the disclosure of which could expose the Museum to harm,
6. Article 6(1)(a) of the GDPR – in respect of personal data other than those set out above, insofar as you have given your consent to their processing; where the processing of personal data will require your consent, the Museum will take all necessary steps to obtain such consent from you before processing your personal data.
The provision of personal data, including basic personal data and data required for reporting to the relevant state authorities (Tax Office, ZUS), as well as the provision of an image for the purposes of video surveillance, is necessary for the establishment and execution of the civil law contract concluded by you with the Museum. The consequence of failing to provide data may be the impossibility of concluding or performing a civil law contract or the impossibility of exercising certain rights or granting social security benefits.
In the case of personal data processed on the basis of consent, there are no legal consequences associated with the refusal to consent and thus the refusal to process your personal data in this respect. In the case of data processed on the basis of consent, you will be provided with additional information related to your consent.
RIGHTS RELATING TO THE PROCESSING OF PERSONAL DATA
Please be advised that, in connection with the processing of your personal data by the Museum, you have the following rights:
Please be advised that, in connection with the processing of your personal data by the Museum, you have the following rights:
The right of access to personal data
You have the right to obtain confirmation from the Museum as to whether your personal data are being processed. If your personal data are processed, you will have the right of access to the data and to obtain relevant information including, but not limited to: the purposes of the processing, the categories of personal data concerned, information about the recipients or categories of recipients to whom the personal data have been or will be disclosed, where possible, the intended period of retention of the personal data or the criteria for determining it, rights in relation to the processing of the personal data.
You have the right to obtain confirmation from the Museum as to whether your personal data are being processed. If your personal data are processed, you will have the right of access to the data and to obtain relevant information including, but not limited to: the purposes of the processing, the categories of personal data concerned, information about the recipients or categories of recipients to whom the personal data have been or will be disclosed, where possible, the intended period of retention of the personal data or the criteria for determining it, rights in relation to the processing of the personal data.
The right to rectification of personal data
You have the right to request that the Museum rectify any inaccurate personal data without delay. Taking into account the purposes of the processing, you may request the completion of personal data that are incomplete, including by providing an additional statement.
You have the right to request that the Museum rectify any inaccurate personal data without delay. Taking into account the purposes of the processing, you may request the completion of personal data that are incomplete, including by providing an additional statement.
The right to erasure of personal data (“right to be forgotten”)
You have the right to obtain from the Museum the erasure of personal data concerning you without undue delay, provided that:
1. the personal data are not necessary for the purposes for which they were collected or otherwise processed,
2. the personal data have been unlawfully processed,
3. the personal data have to be erased for compliance with a legal obligation.
4. in the case of personal data processed on the basis of consent - consent has been withdrawn and there is no other legal basis for processing,
5. in the case of personal data processed in connection with the pursuit of a legitimate interest of the Museum or of a third party, an objection to the processing has been lodged and there are no overriding legitimate grounds for the processing - unless the request for erasure of personal data cannot be complied with, in accordance with the applicable legislation. In particular, personal data may still be processed if the processing is necessary to establish, assert or defend claims.
You have the right to obtain from the Museum the erasure of personal data concerning you without undue delay, provided that:
1. the personal data are not necessary for the purposes for which they were collected or otherwise processed,
2. the personal data have been unlawfully processed,
3. the personal data have to be erased for compliance with a legal obligation.
4. in the case of personal data processed on the basis of consent - consent has been withdrawn and there is no other legal basis for processing,
5. in the case of personal data processed in connection with the pursuit of a legitimate interest of the Museum or of a third party, an objection to the processing has been lodged and there are no overriding legitimate grounds for the processing - unless the request for erasure of personal data cannot be complied with, in accordance with the applicable legislation. In particular, personal data may still be processed if the processing is necessary to establish, assert or defend claims.
The right to restrict the processing of your data.
You have the right to request the restriction of the processing of your personal data in the following cases:
1. if you dispute the accuracy of your personal data - for a period of time to allow the Museum to check the accuracy of the data,
2. if the processing is unlawful and you object to the erasure of your personal data requesting instead the restriction of their use,
3. if the Museum no longer needs your personal data for the purposes of processing, but you need them to establish, assert or defend your claims,
4. if you have lodged an objection to the processing - until it is determined whether the legitimate grounds on the part of the Museum override the grounds for your objection.
You have the right to request the restriction of the processing of your personal data in the following cases:
1. if you dispute the accuracy of your personal data - for a period of time to allow the Museum to check the accuracy of the data,
2. if the processing is unlawful and you object to the erasure of your personal data requesting instead the restriction of their use,
3. if the Museum no longer needs your personal data for the purposes of processing, but you need them to establish, assert or defend your claims,
4. if you have lodged an objection to the processing - until it is determined whether the legitimate grounds on the part of the Museum override the grounds for your objection.
The right to portability of personal data;
Part of the personal data provided by you (if they were processed on the basis of your consent or in connection with the performance of a Contract and the processing was carried out by automated means) can be received by you in a structured, commonly used machine-readable format. You have the right to send this personal data to another data controller.
Part of the personal data provided by you (if they were processed on the basis of your consent or in connection with the performance of a Contract and the processing was carried out by automated means) can be received by you in a structured, commonly used machine-readable format. You have the right to send this personal data to another data controller.
The right of withdrawal of consent
If the processing has taken place on the basis of your consent, you have the right to withdraw it at any time. Withdrawal of consent shall have effect from the moment of withdrawal and shall not affect processing lawfully carried out by the Museum prior to withdrawal.
If the processing has taken place on the basis of your consent, you have the right to withdraw it at any time. Withdrawal of consent shall have effect from the moment of withdrawal and shall not affect processing lawfully carried out by the Museum prior to withdrawal.
The right to object to the processing of personal data;
If the processing is based on the pursuit of the Museum's legitimate interest, you have the right to object at any time - on grounds relating to your particular situation - to the processing of your personal data. If the objection proves to be valid, the Museum will not be entitled to process these personal data unless it is established that there are valid legitimate grounds for the processing or grounds for establishing, pursuing or defending claims.
If the processing is based on the pursuit of the Museum's legitimate interest, you have the right to object at any time - on grounds relating to your particular situation - to the processing of your personal data. If the objection proves to be valid, the Museum will not be entitled to process these personal data unless it is established that there are valid legitimate grounds for the processing or grounds for establishing, pursuing or defending claims.
The right to lodge a complaint with a supervisory authority
If you believe that your right to data protection or other rights granted under the GDPR or other relevant provisions of common law have been violated, you have the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Office for Personal Data Protection.
If you believe that your right to data protection or other rights granted under the GDPR or other relevant provisions of common law have been violated, you have the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Office for Personal Data Protection.
RECIPIENTS OF PERSONAL DATA
Your personal data may be shared with third parties. Recipients of your personal data may be:
1. IT service providers or email hosting providers,
2. providers of accounting, payroll or auditing services,
3. providers of consultancy services, including legal, tax and other services,
4. providers of training, courses, conferences,
5. Insurance companies, private healthcare providers, employee and associate benefit providers,
6. financial institutions operating employee capital plans (ECPs),
7. providers of security services,
8. postal or courier operators,
9. other contractors of the Museum, as well as entities to whom your data are made available in connection with the execution of the legal relationship between them and the Museum or in connection with the activities carried out by the Museum, above all if such sharing is connected with the performance of your official tasks.
Your personal data may be shared with third parties. Recipients of your personal data may be:
1. IT service providers or email hosting providers,
2. providers of accounting, payroll or auditing services,
3. providers of consultancy services, including legal, tax and other services,
4. providers of training, courses, conferences,
5. Insurance companies, private healthcare providers, employee and associate benefit providers,
6. financial institutions operating employee capital plans (ECPs),
7. providers of security services,
8. postal or courier operators,
9. other contractors of the Museum, as well as entities to whom your data are made available in connection with the execution of the legal relationship between them and the Museum or in connection with the activities carried out by the Museum, above all if such sharing is connected with the performance of your official tasks.
DURATION OF PERSONAL DATA PROCESSING
Your personal data will be processed by the Controller for the entire period during which the civil law contract will be performed, and also afterwards, i.e. for the period of time required by applicable law, including in connection with the retention of documents necessary to establish the right to a pension or for tax purposes or until the statute of limitations for claims, whichever is longer.
Personal data related to video surveillance will be processed only for the purposes for which they were collected and will be stored for up to three months from the date of the recording; in the case where the image recordings constitute evidence in proceedings under the law or the Museum has become aware that they may constitute evidence in the proceedings, the storage period for video surveillance recordings is extended until the proceedings are legally concluded. After the expiry of the periods referred to in this paragraph, the image recordings containing personal data obtained as a result of video surveillance shall be destroyed.
In the case of personal data processed on the basis of consent, the period of storage of personal data will be determined individually, depending on the purpose for which such personal data are processed, and in any case no longer than until you withdraw your consent to the processing of personal data.
Your personal data will be processed by the Controller for the entire period during which the civil law contract will be performed, and also afterwards, i.e. for the period of time required by applicable law, including in connection with the retention of documents necessary to establish the right to a pension or for tax purposes or until the statute of limitations for claims, whichever is longer.
Personal data related to video surveillance will be processed only for the purposes for which they were collected and will be stored for up to three months from the date of the recording; in the case where the image recordings constitute evidence in proceedings under the law or the Museum has become aware that they may constitute evidence in the proceedings, the storage period for video surveillance recordings is extended until the proceedings are legally concluded. After the expiry of the periods referred to in this paragraph, the image recordings containing personal data obtained as a result of video surveillance shall be destroyed.
In the case of personal data processed on the basis of consent, the period of storage of personal data will be determined individually, depending on the purpose for which such personal data are processed, and in any case no longer than until you withdraw your consent to the processing of personal data.
INFORMATION ON TRANSFERS OF DATA TO THIRD COUNTRIES OR INTERNATIONAL ORGANISATIONS
Your personal data will not be transferred to third countries or international organisations.
Your personal data will not be transferred to third countries or international organisations.
PROFILING
No automated decision-making, including profiling, will be carried out regarding the personal data provided. During the course of the civil law contract, you may be asked to solve competency, personality tests, but the results of these tests will not form the basis of any employment decision.
No automated decision-making, including profiling, will be carried out regarding the personal data provided. During the course of the civil law contract, you may be asked to solve competency, personality tests, but the results of these tests will not form the basis of any employment decision.