Terms and Conditions - MBC
Małopolska Digital Library - Terms and Conditions
§ 1
Introductory provisions
1. The Terms and Conditions define the principles and conditions of use of the Portal available through the website www.mbc.malopolska.pl, operated by the Provincial Public Library in Krakow, ul. Rajska 1, 31-124 Kraków, NIP 676-10-86-811, REGON 000278155.
2. The use of the Portal means acceptance without restrictions and reservations of the Terms and Conditions.
3. Access to information resources and services on the Portal in the scope of digitised collections and their availability are defined by the provisions of:
1) the library act of 27 June 1997 (consolidated text: Journal of Laws of 2022, item 2393);
2) the database protection act of 27 July 2001 (consolidated text: Journal of Laws of 2021, item 386);
3) the copyright and related rights act of 4 February 1994 (consolidated text: Journal of Laws of 2022, item 2509).
§ 2
Definitions
1. The terms used in the Terms and Conditions have the following meanings:
1) The Personal data administrator is the Library – Provincial Public Library in Krakow, ul. Rajska 1, 31-124 Kraków;
2) Provider – an entity whose Information Resources have been made available on the Portal on the basis of an agreement concluded between the Library and the given entity;
3) User Account – data describing the User with the Portal permissions assigned to this User;
4) Metadata – a set of information that describes Datasets and Works in detail (e.g. identifier, title, description and publication date);
5) Portal – the publicly available website www.mbc.malopolska.pl;
6) Provider Profile – Datasets placed by the Provider on the Portal;
7) Viewer – any natural person or institution that uses the Portal without registering on it, and therefore uses its basic functionalities;
8) Editor – a Portal User designated by the Provider, to whom the Library has given the rights to add, update and delete information resources within the scope of the Provider’s properties;
9) Terms and Conditions – these principles, the scope and conditions of using the Portal’s Information Resources;
10) GDPR – Regulation (EU) 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 repealing Directive 95/46/EC (General Data Protection Regulation);
11) Services – any services provided electronically by the Library to Viewers, Users and Editors based on the Terms and Conditions;
12) Work – a separate element of the Dataset that is technically or semantically coherent (e.g. a scan of a book, a scan of a newspaper);
13) User – a natural person who has full or limited legal capacity, a legal person or an organisational unit without legal personality, which is granted legal capacity by the Act, which registered in the Portal, as a result of which, a User Account was created for him enabling access to the services provided within the Portal on the terms specified in the Terms and Conditions. If the User is not a natural person, he agrees that he is represented by a representative authorised to represent him under applicable law;
14) Information Resources – the sum of the Datasets, Works, Metadata;
15) Dataset – digitised collections of the Library or Provider, collected according to specific systematics and method.
§ 3
Status of the Portal recipients
1. There are 3 statuses of Portal recipients:
1) Viewer – status obtained by default, without the requirement to register on the Portal;
2) User – status requiring registration on the Portal;
3) Editor – status requiring registration on the Portal and the granting of additional rights by the Library.
2. The status of the recipients of the Portal differ in their functionality.
3. Regardless of the recipient’s status, the use of the Portal is free of charge.
§ 4
Registration of the User
1. Registration of the User is done by filling in the registration form available after selecting the "Register" button on the home page of the Portal.
2. Registration of the User requires the provision of an electronic address, entering a password and acceptance of the Terms and Conditions, including consent to the processing of personal data.
3. An activation link is sent to the electronic address indicated by the User.
4. The registration process is completed with the reception of a message automatically generated by the Portal and sent to the User's e-mail address and activation of the User Account by clicking on the link contained in this message.
§ 5
Terms of use of the Portal
1. A technical condition necessary to use all functionalities of the Portal is to have a device with access to the Internet and a web browser installed.
2. The Library reserves the right to limit Users’ access to some or all of the Services available on the Portal if Users use devices or software that affect the way the Services are received on the Portal, including in particular limiting or disabling the use of specific Information Resources from the Portal by other Users.
3. The portal is available 24 hours a day, except for service breaks resulting from possible failures or the need to make changes and improvements.
4. Some of the services provided on the Portal are only available to Editors.
5. After logging into the Portal, the User, as part of the permissions granted, receives the right to use the Portal's functionalities made available, in particular such as:
1) searching and browsing for Works
2) browsing Works’ search history
3) marking Works as favourites;
4) setting preferences regarding receiving newsletters or information about new Works;
5) the possibility of reporting errors in Information Resources;
6) adding comments.
6. The Library has the right to add, remove and change the scope of available functionalities of the Portal without the need to change the Terms and Conditions.
§ 6
User permissions and obligations
1. Users are obliged to use the Portal in a manner consistent with applicable law, principles of social coexistence and the provisions of the Terms and Conditions.
2. The User does not have the right to use other Users' accounts or share their account with others.
3. The User is fully responsible to the Library and to third parties for the content of the information they provide.
4. The User is obliged to protect the login data of the User Account from unauthorised access by third parties. In the event that an unauthorised third party enters into possession of data enabling it to log into the Portal or at least a suspicion that such a situation has occurred, the User should immediately change their password and notify the Library thereof. The User acknowledges that the Library will in no case require the User to reveal their password.
5. Failure to report to the Library the fact that an unauthorised third party has entered into the possession of data enabling them to log into the Portal, or at least a suspicion that such a situation has occurred, may result in criminal liability for illegal content (see para. 6 below) placed on the Portal by a person impersonating the User.
6. It is unacceptable for Users to place illegal content on the Portal, calling for hate crime, i.e. discrimination based on race, skin colour, nationality or ethnic origin, language, religion, gender, sexual orientation, gender expression, marital status, age, physical or mental disability, etc. It is also unacceptable to place on the Portal any content commonly considered to be morally reprehensible, socially inappropriate (including content containing profanity, content which insults or attacks the interlocutors personally, impersonates other people and content constituting spam).
7. It is also unacceptable for Users to place advertising messages on the Portal and any copyrighted material which the User is not entitled to distribute.
8. It is unacceptable to place content on the Portal for the purpose of positioning websites and bumping threads by posting entries that do not have content.
9. The Library reserves the right to block access to the content referred to in para. 6-8 above, as well as the right to block the User’s account and block the possibility of the User posting comments in relation to Users who have violated the provisions of the Terms and Conditions.
10. The Library notifies that in the event that an entry qualifying for blocking and blocked under the Terms and Conditions is an entry initiating a discussion, after blocking it, the thread initiated by this entry may be unavailable, regardless of the content of the other entries.
11. The Portal contains functionalities that enable Users to present different views on topics related to Data, including polemics on the topic related to Data. The Library does not verify content submitted in terms of its truthfulness and reliability.
12. With regards to Users who have violated the provisions of these Terms and Conditions, the Library has the right to block access to the Portal and the possibility of posting comments, among others, by blocking the IP address.
13. The Library shall allow the User to respond to the application of the functional limitations of the User Account referred to in this paragraph.
14. The User may submit comments on the functioning of the Portal to the e-mail address: mbc21@rajska.info
15. A registered User is able to delete his/her account by selecting Delete Account in My Profile tab.
§ 7
Conditions for the use of Information Resources
1. The User may use the Information Resources made available on the Portal for non-commercial purposes.
2. The Information Resources placed on the Portal belong to the public domain or are protected by copyright.
3. Some of the Information Resources have been restricted for copyright reasons. In such a case, the User will find in the description a note stating that the material is Subject to copyright protection. Such Information Resources can be used through selected computers on the premises of the institution providing the original.
4. Mass reproduction, redistribution, as well as material benefits (resale) from Information Resources placed on the Portal are prohibited. A copy of a Work may be made for personal use only and for educational or research purposes, with reference to the source from which it was made. Then a description should be given: Publication comes from the collections of the Małopolska Digital Library and a link provided to the cited publication or the identifier of the Work. The identifier is located in the description of each Work. Access restrictions apply only to copyrighted materials.
5. The Library takes particular care in clarifying the copyright issues of Works placed on the Portal. The form of access is adequate to the knowledge possessed by the Library. Persons who make any claims regarding the protection of copyrights of Works placed on the Portal are asked to contact the Library in order to clarify the situation and introduce changes.
6. Every creator of a particular Dataset has the right to protect it and the right to prevent it from being extracted and re-used (in other databases) -- the aforementioned rights apply to every single part of a Dataset as well as to a Dataset considered as a whole.
§ 8
Granting Editor's permissions
1. The Editor's permissions are granted by the Library.
2. The granting of the permissions of the Editor is carried out in the manner specified in the agreement concluded between the Library and the Provider.
3. An Editor may not place on the Portal Information Resources of an unlawful nature or for which the Provider does not have permissions and consents or which in any way could violate the rights or interests of third parties, in particular property copyrights and rights of publicity or applicable law.
4. The Provider is solely responsible for Information Resources published by an Editor on the Portal whose content and form violates the applicable law; in particular the Provider is responsible for possible violation of the rights or goods of third parties and for damages in this respect.
§ 9
Privacy Policy and information clause
1. The Administrator of personal data provided by the User as part of registration on the Portal is the Library.
2. The Personal data administrator collects and processes personal data provided by Users in accordance with the applicable law and in accordance with the privacy policy described in this paragraph.
3. The portal uses cookies. These are text data saved by the browser on the User’s device. The Portal has access to these data and uses them to support the services for logged-in Users. Using the Portal constitutes consent to the use of cookies. The User can change the settings of cookies in the browser used to access the Portal.
4. Information Clause regarding the processing of personal data:
1) The Personal data administrator is the Provincial Public Library in Krakow, ul. Rajska 1, 31-124 Kraków, NIP 676-10-86-811, REGON 000278155. The Personal data administrator can be contacted via the e-mail address biblioteka@rajska.info or in writing to the address of the Personal data administrator’s registered office.
2) The Personal data administrator has appointed a data protection officer, who can be contacted via email at iodo@rajska.info. The data protection officer can be contacted in all matters concerning the processing of User data by the Library and the use of rights related to data processing by the User.
3) The library collects the following data (applies to all recipient statuses, i.e. Viewers, Users and Editors):
a) Technical information for using the website:
1. IP of the computer from which the User’s request came
2. time of arrival of the request,
3. first line of the http request,
4. http response code,
5. number of bytes sent by the server,
6. URL of the page previously visited,
7. information about the browser used to access the Portal,
8. information about errors that occurred during the execution of http transactions;
b) Search history in the Portal search engine (date and time of search, search content, without connection to the User’s context);
c) Data from the contact form:
1. e-mail address,
2. first name and surname,
3. content of the request;
4) In addition, the Library also collects the following data (in the case of Users with an account and who are logged into the Portal):
a) first name,
b) surname,
c) login,
d) e-mail address,
e) social media identifier (only if the account was created via associated social media),
f) login dates and IP addresses from which login took place,
g) User account login failure dates and the IP addresses from which the login attempt failed,
h) dates and versions of accepted Terms and Conditions,
i) search history (date and time of search, search parameters, search terms and request results, linked to the User who made the search)
j) results of searches the User has made,
k) annotations made by the User on the digital projections being viewed,
l) bookmarks created by the User on the digital projections viewed,
m) suggestions for improving OCR text,
n) comments under Information resources,
o) reported errors in Information resources,
p) evaluation of information resources,
q) list of Works viewed by the User,
r) list of the User’s favourite Works,
s) list of downloaded Information resources.
5) The User’s personal data shall be processed for:
a) the provision of Services, pursuant to Article 6 (1) (b) of the General Data Protection Regulation (GDPR) of 27 April 2016;
b) performing statutory tasks of the Library, defined by law and performed for the public good, consisting in satisfying the educational, cultural and information needs of the general public and disseminating knowledge and culture, pursuant to the Library Act of 27 June 1997 (i.e. Journal of Laws of 2022, item 2393);
c) statistical purposes, pursuant to article 30(1)(3) of the act on public statistics of 29 June 1995 (i.e. Journal of Laws of 2023, item 773);
d) pursuing any legal claims pursuant to Article 6 (1) (f) of the General Data Protection Regulation (GDPR) of 27 April 2016;
e) sending information about new results that meet the search criteria for which the Portal User has signed up – the basis for processing your personal data is consent (Article 6(1) (a) of the GDPR);
f) support for social functions in terms of favourite Works, ratings of Works and comments under Works on the Portal, the basis for the processing of your personal data is consent (Article 6(1)(a) of the GDPR).
6) The processing of personal data by the Library is necessary in order to exercise the rights and fulfil the obligations arising from the provisions of the Act on Libraries of 27 June 1997 (i.e. Journal of laws of 2022, item 2393) therefore, providing of the above data is voluntary; however, the fact that the above data is not provided by the User shall result in the inability to start the provision of Services.
7) The User's personal data shall be processed for the period necessary to achieve the purposes for which the data were collected or until consent to their processing is withdrawn.
8) Personal data collected by the Library may be processed automatically, including in the form of profiling, however, this shall not cause any legal effects for the User as a natural person or similarly affect his/her situation.
9) The Personal data administrator does not submit personal data to an automated decision-making process.
10) Personal data shall be transferred outside the European Economic Area to Google Inc. based in the United States of America. The transfer shall take place on the basis of regulations ensuring the protection of personal data approved by the European Commission.
11) In order to operate the Portal, Users' personal data may be made available to Providers who publish their Information Resources there. At the request of the Administrator, personal data may also be transferred to the processor of personal data, i.e. the entity that provides the service of maintaining the Portal – and other entities on the basis of applicable regulations (e.g. court, police), where such entities process data on the basis of an agreement with the Library and only in accordance with the Library’s instructions.
12) The User has the right to access their data and the right to request their rectification and deletion, limitation of processing, the right to transfer data, the right to object, the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal
13) The User has the right to lodge a complaint – if in your opinion the processing of personal data violates the provisions of the GDPR – to the following address: Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw.
§ 10
Final Provisions
1. The Terms and Conditions shall apply from the date of their publication on the Portal.
2. The use of Information Resources placed on the Portal does not mean that Users acquire any rights in intangible assets to works, databases or other elements protected by intellectual property rights contained on the Portal and made available solely within the scope of the User's use of the Portal.
3. All intellectual property rights to the Portal, its name, content, IT solutions and databases should be used only in the manner specified in the Terms and Conditions.
4. In matters not covered by the Terms and Conditions, the applicable law shall apply.
5. The Terms and Conditions may be amended at any time and to any extent. Changes are effective from the moment they are published on the Portal. The User should immediately become familiar with changes, as the use of the Services after such announcement constitutes acceptance of the new content of the Terms and Conditions by the User.
6. The Library reserves the right to modify, temporarily suspend or remove content and scope of the Services.
7. The Library shall not be liable for any disruptions in the functioning of the Portal resulting from unauthorised actions of Users, force majeure or interference from third parties.
8. Responsibility for the quality, timeliness and completeness of the data provided on the Portal lies with the Providers.
9. For additional explanations or information related to the content of the Terms and Conditions, please contact the Library at the following e-mail address: mbc@rajska.info biblioteka@rajska.info.
