In accordance with the obligation arising from Regulation of the European Parliament and of the Council (EU) 2016/679 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 hereby inform you that:
1. 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 (hereinafter also 'Controller' or ‘Museum’). In matters relating to personal data protection, you can contact the Museum:
a) by post: to the address of the Museum's registered office,
b) e-mail: iod@artmuseum.pl
2. The Data Controller has appointed a Data Protection Officer who can be contacted by email at: iod@artmuseum.pl.
3. The Museum processes personal data for the purpose of using and disseminating images, including in connection with the preparation of materials relating to events organised by the Museum and the publication of such materials, in particular on the Museum’s website and on the Museum’s social media channels.
4. The legal basis for the processing of personal data is Article 6(1)(a) of the GDPR, which means that consent has been given for the processing of personal data, including for the purpose of disseminating an image.
5. The legal basis for the processing of personal data may also be:
a) Article 6(1)(c) of the GDPR, which means that processing is necessary for compliance with a legal obligation to which the Museum, as the Data Controller, is subject – i.e. the archiving obligation arising from the provisions of the Act on the National Archival Asset and Archives;
b) Article 6(1)(f) of the GDPR, which means that processing is necessary for the purposes of the legitimate interests pursued by the Museum as the Data Controller or by a third party, which include the establishment, exercise, or defence of claims.
6. The provision of personal data is voluntary. The consequence of failure to provide the data may be the inability to take a photograph or make a video or audio-video recording encompassing the image, and where such photographs or recordings are taken during an event that is recorded in its entirety – the inability to take part in that event.
7. As a general rule, the Museum obtains personal data directly from the data subject.
8. The processed data include the image recorded in the form of a photograph, video or audio-video recording, as well as basic personal details (first name, last name) necessary to grant consent to the dissemination of the image.
9. The recipients of personal data may include, in particular: providers of IT and email hosting services, entities participating in the recording of the image and graphic processing of photographs, video or audio-video recordings, entities engaged in the preparation or reproduction of the developed materials, entities or persons participating in audience relations management, and entities providing advisory services, in particular legal and tax services. In connection with the potential publication of materials, the recipients of the images may also include social networking service providers where the Museum maintains its social media profiles (Facebook, Instagram, LinkedIn, X), persons participating in the event, visitors to the websites where the prepared materials will be available, including the Museum’s website and social media channels operated by the Museum, as well as recipients of other materials from the event.
10. Personal data will be processed for the period necessary for the organisation and staging of the event, and for the posting of materials (photographic, video, audio-video) on the Internet, including on the Museum’s website or on social media channels operated by the Museum. Materials containing the recorded image may also be processed by the Museum for archiving purposes in the public interest, provided that such processing shall not concern the dissemination of the image. This processing is carried out in accordance with the document classification system applicable at the Museum, i.e. as a general rule, for a period of 25 years, and in strictly defined cases, perpetually.
11. Every data subject has the right to request access to their personal data, to have their personal data rectified, to request the erasure of their personal data, and to restrict the processing of their personal data.
12. In the case referred to in point 4, the data subject has the right to withdraw their consent to the processing of their personal data, without this affecting the lawfulness of any processing carried out prior to the withdrawal of consent.
13. Every data subject also has the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Personal Data Protection Office.
14. In relation to the personal data provided, decisions will not be made in an automated manner, including based on profiling.
15. When posting content containing images on social media platforms (Facebook, Instagram, LinkedIn, X), personal data may be transferred to the US. This takes place on the basis of the European Commission’s adequacy decision (the EU-US Data Privacy Framework).