Terms and Conditions of the Virtual Gas Museum (Terms and Conditions)

Definitions

Whenever these Terms and Conditions refer to:

1.       PSG – shall mean Polska Spółka Gazownictwa sp. z o.o. with its registered office in Tarnów;

2.       Virtual Gas Museum or VGM – the portal belonging to PSG where objects related to the gas industry are exhibited in a digitalised form;

3.       User – every person using the Virtual Gas Museum;

4.       Resources – all materials made available on the website of the Virtual Gas Museum, including, in particular, text, graphics, multimedia or audio;

5.       Partner – every entity which has been given the title of “VGM Partner” from PSG, in connection with the provision/transfer by that entity to PSG of materials, including, in particular, text, graphics, multimedia or audio materials of significant value for the Virtual Gas Museum.

General provisions

1.       Every User may use the Resources free of charge, for their own personal or commercial use, subject to point 5. Guidelines for using the Resources, described further in these Terms and Conditions, in accordance with the applicable provisions of law and subject to other guidelines described in these Terms and Conditions. All the collected Resources are made available in compliance with the author’s moral rights resulting from valid provisions of law and are placed in the public domain unless otherwise indicated.

2.       Each User accepts the rules specified in these Terms and Conditions. If you do not accept the Terms and Conditions, please do not use the VGM.

3.       PSG is entitled to make available – on the VGM website – the information about Partners and any materials provided by Partners and Users who do not have the VGM Partner title, in the event of obtaining the required permissions and after accepting the material by PSG, by publishing it on the VGM website.

4.       The Resources on the VGM website are divided into three categories (Categories) as follows:

a.       The Resources to which PSG holds copyrights or has obtained the relevant permissions may be made available under a free Creative Commons license, i.e., the Creative Commons Attribution 4.0 International Public License published by the Creative Commons organisation – all Resources made available in this manner shall be labelled as “Creative Commons License – Attribution” (CC Category);

b.       The Resources that require legal protection, i.e. those that cannot be copied and used in any manner without the author's permission, shall be made available each time with the indication “All rights reserved” (ARR Category);

c.       The Resources to which PSG holds copyrights or has obtained the relevant permissions may be made available in the public domain – all Resources shall be made available without any additional description, including, in particular, the descriptions set out in letter a) and b) above (Category PD).

Personal data and security

1.       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 personal data, PSG informs that the Controller of the personal data of the Users, which are acquired automatically (e.g. IP addresses for statistical and administrative purposes) or which are voluntarily submitted by the Users in connection with the use of VGM is PSG sp. z o.o. with its registered office in Tarnów, at ul. Wojciecha Bandrowskiego 16, 33-100 Tarnów (contact details of the Contracting Authority’s Data Protection Officer: iodo@psgaz.pl).

2.       PSG shall use all personal data solely for the purpose of running VGM. Personal data shall be processed by PSG on the basis of the data subject’s consent (data voluntarily provided by the Users) or if their processing is necessary for the purposes resulting from the legitimate interests of PSG (data obtained automatically), i.e. for statistical and administrative purposes.

3.       The personal data covered in this section shall be stored for a period of two years, but not longer than for the duration of VGM’s functioning.

4.       The Users shall enjoy all the rights under data protection regulations, in particular the right to inspect their personal data at any time, as well as the right to correct the data and request their deletion, as well as the right to correct errors, supplement or update these data. In the case of data processed on the basis of the Users’ consent, the Users shall be entitled to withdraw their consent to the processing of the personal data at any time, with the reservation that the withdrawal of their consent shall not affect the lawfulness of the processing carried out on the basis of the consent before its withdrawal.

5.       Pursuant to the Act of 10 May 2018 on personal data protection, the President of the Personal Data Protection Office is the supervisory authority competent in matters of personal data protection in the Republic of Poland. If the Users are informed that the Personal Data Controller has processed the Users’ data in breach of the law, the Users shall be entitled to lodge a complaint with the above-mentioned supervisory authority competent in matters of personal data protection.

6.       The Users’ Personal Data may be processed automatically and shall not be subject to profiling.

7.       In the course of a visit to the VGM website, a text file (cookie), which allows to identify the computer, may be temporarily placed on the User’s computer. This cookie file enables the collection on the computer’s hard drive of specific information about the User’s computer (e.g. the computer operating system, browser type, Internet Protocol [IP] address). The use of cookies aims to make it easier for the Users to use the website by: better adaptation of websites to User needs, memorisation of preferences and individual User settings, creation of website statistics.

8.       The Users can disable the option to accept cookies in their browser at any time. Disabling this function may make it difficult or impossible to use VGM.

9.       PSG shall provide appropriate security measures to prevent and minimise the risk of unauthorised access by third parties.

Guidelines for using the Resources

1.       The Users of the VGM website are not allowed to copy, distribute or modify the Resources labelled as “All Rights Reserved” i.e. from the ARR Category. In order to freely use such a Resource, the permission of the right holder must first be obtained. Without obtaining the permission to use the Resources, these Resources may be used within the framework of permitted use of protected works provided for in the law on copyright and related rights (Journal of Laws of 1994 No. 24, item 83, as amended).

2.       The User may, free of charge and without having to ask the copyright owners for permission:

- download and copy the Resources for their own use (without the right to publish),

- copy the Resources for their own use and that of their friends and family, regardless of the Category of the Resource.

3.       All Resources may be quoted (used under the right of quotation), provided that the quotation must be recognisable, the authorship and the source must be clearly identified in each case, its inclusion must be justified by its purpose: it is intended to explain or teach, to provide a critical analysis or serve the rights of an artistic genre, it has an auxiliary function: it is intended to complement and enrich the work, and it cannot replace it. 

To quote the Resources made available on the VGM pages:

(a) in the case of the CC and ARR Category, each Resource shall be described with the full name of the author of the Resource in question, the name of the Resource in question and with the VGM specified as the source of the Resource in question (an example of the description):  [full name of the author of the Resource (work)], [name of the Resource], source: Virtual Gas Museum).

b) in the case of the PD Category, each Resource may be described with the full name of the author of the Resource in question, if it is provided, the name of the Resource in question and with the VGM specified as the source of the Resource in question (an example of the description:  [full name of the author of the Resource (work)], [name of the Resource], source: Virtual Gas Museum).

Where more than one Resource is used under the right of quotation, each of the Resources used must be identified separately, subject to the provisions listed in this point.

4.       Scientific and educational institutions may use the Resources covered by copyright protection for teaching purposes and for conducting their own research.

5.       If there is a need to use the Resources commercially, regardless of their Category, it is necessary to determine in advance the terms and conditions of such use with PSG by using the contact form located on the dedicated VGM website.

Final provisions

1.       PSG reserves the right to modify the Terms and Conditions at any time.

2.       PSG shall use its best efforts to ensure that the operations of the VGM are fully lawful and do not violate any third party rights.

3.       PSG shall not be liable for the use of the Resources if it is done illegally or if it infringes third party rights.

4.       The Terms and Conditions are available on the dedicated website of the VGM and in written form by contacting Polska Spółka Gazownictwa sp. z o.o., with its registered office in Warsaw, Support Branch in Warsaw, ul. Krucza 6/14, Communications Department.