Article I
Introductory regulations
- The purpose of the General Conditions of use (GCUs) is defining the conditions of use, the rights and responsibilities of the operators, of unregistered users, of registered users, of certified registered users and other users of the Slovakiana portal and the services thereof.
- The Slovakiana Cultural Portal (further referred to as the portal or the Slovakiana portal) is a cultural portal, which serves the purpose of presenting the cultural heritage to the wider public primarily through the web domain – slovakiana.sk.
- The operator of the Slovakiana portal is the National Edification Centre, allowance organization, Námestie SNP 12, 812 34 Bratislava 1, CRN 00164615 (further referred to as the operator.
Article II
Categorization of portal users
- Unregistered user of the Slovakiana portal – each user who has entered the portal or one of its sub-domains.
- Registered user of the Slovakiana portal– each person who has electronically filled out and sent a properly filled out registration form and simultaneously agrees with these Conditions of use. The registration is free of charge.
- Certified registered user of the Slovakiana portal– each person with a certified identity vis-à-vis the Central portal of public administration (UPVS), who has electronically filled out and sent a properly filled out registration form and simultaneously proclaims to agree with these Conditions of use. All user types will be further referred to simply as “user”.
- A logged-in user is a registered user or a certified registered user who has logged into the Slovakiana portal with his/her username and password after a successful registration.
- A buyer of Slovakiana services – further referred to as a client or buyer is each user, who orders Slovakiana services from the operator or from third parties directly via the Slovakiana portal.
Article III
Making cultural heritage accessible
- The Slovakiana portal is primarily aimed at making forms of cultural objects accessible to the public in digital form. Cultural objects, as defined for the purpose of this document are all cultural objects administered by Memorial and funding institutions of the Slovak Republic (MFIs), which are the main providers of cultural objects to be made accessible.
- The cultural objects published on the Slovakiana portal may be protected by copyright legislation, belonging to their authors, MFI administrations, and the operators of the portal or other third parties.
- Descriptive metadata, which is intrinsic to the portal, has been produced by employees or other experts from the MFIs and they are expressive of the current knowledge about the cultural object.
- The content published on the portal falls into the following categories from the perspective of copyright:
- Copyright-free – freely accessible with no limit imposed on any further usage, except for consideration for moral rights of the art-piece and rights designed to protect the author. These objects are available to all users.
- Copyright-protected – the cultural objects protected with copy-right laws, their further usage being dependent on the content of licensing agreements attached thereto. The level of accessibility of protected cultural objects depends on the license specificities.
- Otherwise-protected – The cultural object may be protected by different legal norms (e.g. laws concerning industrial property, personality-protection clause, and other property laws). Any further usage depends on the licensing agreements and other documents allowing for such usage to occur.
- The concerned MFI which has provided the object/s is responsible for the validity of metadata and for the correct setting of licensing agreements.
Article IV
User rights and responsibilities
- By using the portal, the user affirms that they have read and understood the conditions of use, agrees with them and commits to adhere to them.
- The user is entitled to search the accessible information on the Slovakiana portal, browse through the cultural objects and the MFI metadata as well as to utilize the functionality according to the current portal settings.
- The use of certain functionalities, (such as access to the non-purchasable art-pieces, certain e-shop services etc.) is available only to registered users or certified registered users.
- The user utilizes the content on their own behalf and risk and is obliged to respect the rules and the legal protection/responsibility attached.
- The user is aware of the fact that the portal may be unavailable during maintenance or in case unforeseen technical difficulties should arise.
- The user may only use the portal and its services in accordance with current legislation of the Slovak Republic, these GCUs, any instructions from the operators, the Internet safety rules and regulations and good morals.
- The user is not allowed to interfere with the operation and functionality of the portal services, to adjust or change information published, misuse it, it is equally not allowed to attempt unauthorized access to its services.
- The user is aware that the information and material (visual, text, audio etc.) accessible on the portal may not always be updated or current, complete or exact; and that no guarantee of topicality is provided by the operators.
Article V
Specific rights and responsibilities of registered users and certified registered users
- The registered user must fill out the registration form truthfully and properly, on the basis of which s/he gains access to the Slovakiana portal. The certified registered user must check his/her identity via the Central portal of public administration (UPVS).
- When registering, the user must fill all the fields labelled with a (*), the other fields are filled out on a voluntary basis. The user should check all the data entered before definitely finishing his/her application (by clicking the register field). After sending the properly and fully filled in registration form, the user will receive a notification message on their e-mail. The registration is complete when the user clicks on the link sent to them during registration.
- By sending the registration form, the user confirms the following:
- That they have read and understood and agree with these Conditions, the Codex of bloggers, any additional conditions of use regarding the portal, published on the Slovakiana portal, in the version valid and published during registration.
- The data provided in the registration form is complete, truthful and correct
- When using the portal, the user will fully adhere to the legislation of the Slovak Republic
- That they agree with the processing of their private information, as defined in article IX of these Conditions.
- The registered user and the certified registered user are responsible for any damage caused by the misuse of their login details for any reason caused on the user’s side. In case the user-name or password is lost or stolen, the user should immediately inform the administrators of the portal, who will block these.
- In case a user wishes to start a blog, they must request the creation thereof. Only a certified registered user may file an application and they are obliged to abide to both these Conditions and the bloggers’ Codex.
- The certified registered user may use the opportunity (for education or other purposes) to obtain upon request a digital cultural object in better definition than is published on the portal. The request for a separate access to a cultural object includes the following fields:
- NID – National identifier of the digital object
- The reason for the request
- Planned usage of the digital object
Every request will be considered individually by an authorised person. The resulting decision will be communicated via e-mail or via user’s account. In case the decision is a negative one, reasoning will be provided also.
- The operator enables the registered and certified registered users to participate in various discussions and surveys and other activities, where the users may express their opinions and attitudes. The operator is not responsible for the opinions of the users. The registered and certified registered user is responsible for every public contribution of his/her own and they are bound to abide by these Conditions, by the Codex and any relevant Slovak legislation. In case the operator discovers any breach of these documents on the part of the user, this type of activity will be stopped, by the means of editing the content of the contribution, removing it altogether, or blocking the certified/ registered user’s access.
- The registration on the portal may be withdrawn both from the side of the user and from the side of the operator. The administrator will send the user a message about their removal from registration and reasoning will be given as well.
Article VI
The client’s duties
- The buyer of Slovakiana services orders services according to the current price-list, either electronically or by post, through a confirmed purchase order, or alternatively through a contract signed with the operators, or a third party, according to the conditions and instructions stated by particular cultural objects.
- The client is obliged to fill in the order request form fully and correctly.
- The buyer gives his/her permission for the processing of their private data to the operator by confirming the order, within the character of particular services, as defined in Article IX of the these Conditions.
- The buyer must also respect general business transaction conditions which apply to the particular service ordered from Slovakiana.
Article VII
The rights of the operators (administrators)
- The operator reserves the one-sided right to change the text of these Conditions at any time.
- The operator reserves the right to alter the way the portal is administered or the services are offered at any time. Also, the operation of the portal may be stopped or interrupted at any time.
- The operator reserves the right to disable access to any registered or certified registered user at any time, or limit or refuse access to any user, provided that the user has breached the conditions listed in this document.
- Any information provided to the administrators via Slovakiana or the portal’s e-mail addresses are considered to be the property of the operator, who is entitled to use them as s/he sees fit, unless they are protected by copyright or other general legal protection rights.
- All copyright and other laws concerning the functionality, the services, the visual depictions and the content information belong to the operator, or third parties, with whom the operator has signed relevant agreements and contracts for these purposes.
Article VIII
Limited responsibility for damage
- The operator does not accept responsibility for direct or indirect damage encountered by the user in connection to the utilization of the Slovakiana portal.
- The operator does not accept responsibility for any direct or indirect damage, including but not limited to material loss or costs related to the usage of Slovakiana, its utilization or the temporary unavailability thereof, any technical difficulty of the portal, the cease of operation, possible system attacks or unauthorized content sharing or alteration.
- The operator takes no responsibility for any costs related to displaying or utilizing the Slovakiana portal.
- Hyperlinks placed by the cultural objects serve as a further addition of information for the user. The operator carries no responsibility for the content of outside web-pages, linked to Slovakiana via hyperlinks. This also means, that the operator may not necessarily agree with outside published content or that s/he condones it. The operator includes these links in good faith that they are in line with a moral and legal outlook.
- The operator takes no responsibility whatsoever for the following:
- Any damages caused by information, spread by the certified/registered users, including the information, the spread of which the portal has facilitated.
- Any damages caused by incorrect or incomplete information, obtained via the Slovakiana portal
- Any damages caused by the misuse or sharing of login details from the user’s side.
- Any damages caused by the change of these General Conditions of Use, the change or cease of any service or functionality of the portal, loss of data, withdrawal of registration or the limitation of access of any certified/registered user.
Article IX
Personal Data Protection
- When visiting the Slovakiana portal and using it continuously, the user might provide the operator personal data according to Article I and Article IX of these conditions. The user agrees to the following:
- The processing of this data,
- The use of this data, in accordance with achieving the purpose defined in Article IX, paragraph 3 of these Conditions,
- Providing some of this data to third parties bound by contract with the operator.
This agreement is acknowledged by the unregistered user in the moment they voluntarily provide their personal information via an electronic registration form which can be found on the portal; it lasts until the registration remains valid, or until the moment it is withdrawn.
- The user proclaims, by their voluntary submission of data, or by the completion of their registration that the provided data is correct, truthful and current. If it is not, s/he takes responsibility for any damage caused to the operator by providing incomplete, out-dated or incorrect data. The user is also obliged to inform the operators of any changes or updates of their personal data.
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The operator processes the personal data of the user for the following purposes:
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To enable registration of the user on the portal and its subsequent identification,
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To enable mutual communication between the user and the operator or user and the persons in a specific contractual relationship with the operator,
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In case of a specific consent (clicking on the appropriate box during registration or later within the user account settings) to allow the sending of an operator's marketing products (newsletter) or persons in a special contractual relationship with the operator.
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The operator may process some of the personal data or records of personal nature in the following scope:
- Name and surname,
- Address or place of work,
- E-mail address,
- Telephone contact,
- Profession (Job) of the user.
This is applicable until the user agrees herewith.
- Consent of the user shall cover all processing activities carried out with personal data for the same purpose.
- The user may withdraw consent with the processing of personal data at any time:
- in writing at the address Národné osvetové centrum, Nám. SNP 12, 812 34 Bratislava,
- by sending an e-mail to: slovakiana@nocka.sk,
- regarding marketing activities (sending newsletters) by clicking on the appropriate box in the user account settings.
- Personal data of the user may be provided to third parties contractually bound with the operator; in the form of contact questionnaires or order questionnaires.
- An authorized person is understood to be a person who comes into contact with personal data of the users within the framework of their professional and legal classification and based on the authorization by the operator. The user may enquire about the identity of this authorized person via a written request addressed to the operator.
- The user is entitled, under the terms of the GDPR Regulation, to require the operator to access personal data relating to the user and the right to rectify or erase or restrict the processing, or the right to object to the processing, as well as the right to data portability. The rights of the user relating to the protection of personal data set out in Articles 15 to 23 of the GDPR Regulation are more detailed.
- An operator has a designated data protection officer responsible for the protection of personal data that a user may contact regarding all questions concerning the processing of personal data and the exercise of rights under the GDPR Regulation. Contact details of the operator´s data protection officer: e-mail: osobneudaje@nocka.sk or in writing: Národné osvetové centrum, Nám. SNP 12, 812 34 Bratislava, envelope designation: Data protection officer.
- The rights of the user may be limited only in those cases where such a limitation is a consequence of a particular law or legal code or if the application thereof would harm the protection of the user, or the rights and liberties of other people would be at risk.
- The user may protest against the use of their private information by the means of a written request, if they feel that the purpose of using the data differs to the purposes defined within this document.
- The operator does not disclose personal data of the user and does not transfer it to third countries.
- If a user considers that the processing of personal data concerning him or her is contrary to the GDPR Regulation, he may lodge a complaint with the Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, tel. +421 / 2/3231 3214, e-mail: statny.dozor@pdp.gov.sk or another supervisory authority in accordance with Article 77 of the GDPR Regulation.
- The user may utilize cookie files when utilizing the Slovakiana portal, that is, short text files, which the browser saves in the device used to access the portal. By visiting and repeated use of the portal, s/he agrees to enable the saving of the following on their computers:
- Temporary cookie files – serving mainly the purpose of identifying the user during their login. Temporary cookies will automatically erase the user after their internet browser is switched off.
- Long-term cookies – serving mainly the purpose of preserving personal settings of the user’s internet browser. The long-term cookies stay preserved in the browser history even after the device used to access the portal is switched off.
The user also agrees that the operator may use the cookies for their own advertising or statistical purposes. This agreement lasts during the time that the browser settings remains unchanged. By changing your browser settings, you may disable the use of cookie files.
Article X
Final regulations
- The communication between the user and operator is done in electronic form. Announcements are considered delivered when a successful delivery e-mail is received by either party. The communication can also happen directly via the portal in case there is an electronic form or questionnaire available for a particular purpose or a means of live communication (live-chat).
- These Conditions are valid starting with the date they are published.
- This document is valid for an indefinite period. Their authority in the relationship between user and operator starts during the user’s initial visit of the Slovakiana portal. They are written in line with the Slovak legislation and their implicit subjects are in line with relevant legislation, especially from the Civil Code, Criminal Code, Copyright and Intellectual Property Code and laws concerning advertisement, brands and trademarks.
- The operator may change or alter the Conditions. The new version must be published before they become valid. Their validity starts with the date they are published on the Slovakiana portal.
- This document in its current form was published on 26.11.2015