GDPR (ACCEPTANCE REQUIRED)


Warsaw, 21 May 2018
Dear Sir/Madam,

        On the 25th of May 2018, 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 (General Data Protection Regulation), commonly known as GDPR, entered into force. Therefore, the Union of Performing Artists STOART, with seat in Warsaw 00-357, Nowy Świat 64 (hereinafter referred to as STOART), hereby informs you about the following:

        STOART is a collective management organisation (CMO) of artistic performances of musical and words-and-music works (hereinafter referred to as performances).

        STOART acts on the basis of the permit of the Ministry of Culture and National Heritage and appropriate acts, such as the Copyright and Neighbouring Rights Act and Collective Management of Copyrights and Neighbouring Rights Act.

        By entering into agreement with STOART, you share your personal data with our organisation. This data is further processed by STOART. Therefore, STOART is an administrator of your personal data.

THE SCOPE AND PURPOSE OF DATA PROCESSING

Processing of personal data by STOART is limited to actions essential for executing the rights and duties resulting from appropriate legal regulations, STOART’s Articles of Association and concluded agreements, namely:

  1. 1) execution of collective management and protection of rights to artistic performances of works, including:
    • a) conclusion and fulfilment of our agreement,
    • b) collection of rights revenue for the use of performances (collection of remuneration), including entering into agreements with users and other CMOs, including but not limited to foreign CMOs,
    • c) distribution of revenue collected for the use of performances (repartition of remuneration),
    • d) enforcement of claims for the use of performances,
    • e) procurement of reports, compilations and statistics for internal and external purposes, including reporting for national and international organisations and as required by law,
    • f) providing you with a service of e- Wykonawca online platform, which allows you to access (with respect to your performances) some of STOART databases;
  2. 2) execution of duties resulting from your membership at STOART (applies only to the members of the Union of Performing Artists STOART);
  3. 3) fulfilment of our legal obligations and internal rules, in particular:
    • a) reporting duties,
    • b) organisation of social, cultural and educational activities,
    • c) information obligation towards users, authorities, other CMOs and international organisations of which STOART is a member.


THE SCOPE OF COLLECTED DATA

The scope of collected data is limited and restricted to the purposes indicated above and appropriate legal regulations.
Provision of the data is an obligation based on legal regulations and the agreement. Failing to provide it will impede the execution of collective management of your rights and it will affect its effectiveness.

OBTAINING OF PERSONAL DATA

Your personal data may be obtained from external sources, including other CMOs and public registers.

DISCOLSURE OF YOUR DATA TO OTHER ENTITIES

Personal data collected by us may be relayed to entities acting in our name (or in their name but for our benefit) that perform actions enabling the execution of our rights and obligations as a CMO. The data processing in this form is always limited to the purposes of processing as indicated above. The entities to which we may relay your data include:
  1. 1) entities acting as representatives of STOART,
  2. 2) entities to which we delegate the tasks concerned with IT systems, accountancy, tax issues and auditors,
  3. 3) suppliers of postal and delivery services,
  4. 4) other CMOs with which we cooperate for the purpose of collective management, including foreign organisations and international organisations of which STOART is a member, also for the purpose of databases administered by those organisations (VRDB and IPD),
  5. 5) law enforcement and judiciary administration, and providers of legal services (in order to protect your rights end enforce claims),
  6. 6) users (entities making use of rights to performances; the scope of data conveyed to them is limited by appropriate legal provisions),
  7. 7) public administration authorities.
STOART enters into agreements with multiple foreign CMOs.. STOART is also a member of international organisations SCAPR and AEPO-ARTIS, which administer databases that enable easier identification of artists and performances. Some of those CMOs and organisations have seats in third countries, as defined by GDPR. In some cases, such countries may not have received the decision of the European Commission on adequate level of data protection. We would like to inform you that STOART shares data with CMOs with seat in third countries only for the purpose of fulfilling the agreement with such a country and STOART as the Administrator, and to execute agreements concluded for your benefit, hence Article 49 of GDPR applies.

The register of international agreements concluded by STOART is included in the report submitted by STOART to the Minister for Culture and National Heritage each year, available at www.stoart.org.pl.

You are entitled to receive a copy of shared data.

PERIOD OF DATA STORING

Personal data processed by STOART will not be stored for a period longer than it is necessary for the purpose for which the data is processed.

YOUR RIGHTS CONCERNING YOUR PERSONAL DATA

Due to the fact that STOART processes your personal data, you are entitled to the following:
  1. a) the right to demand from the administrator:
    • i. to give specific information, accordingly with the provisions in Articles 12, 13 and 14 of GDPR.
    • ii. to confirm whether your data is processed and to give you access to your personal data, accordingly with the provisions of Article 15 of GDPR,
    • iii. to rectify your personal data, accordingly with the provisions of Article 16 of GDPR,
    • iv. to erase your personal data, or restrict its processing, accordingly with the provisions of Articles 17 and 18 of GDPR;
  2. b) the right to object against data processing, accordingly with the provisions of Article 21 of GDPR,
  3. c) the right to transmit personal data, accordingly with the provisions of Article 20 of GDPR,
  4. d) the right to withdraw the consent at any given moment, if the processing is based on such consent.

The rights may be exercised if appropriate legal conditions are met.

Demands to exercise any of those rights should be communicated to STOART directly, using the e-mail or postal address indicated below.

COMPLAINTS TO SUPERVISORY AUTHORITY

Regardless of the rights listed above, you may submit a complaint to a supervisory authority, i.e. Personal Data Protection Office.

CONTACT DATA OF THE ADMINISTRATOR

Administrator of Personal Data

Union of Performing Artists STOART
Seat and postal address: Nowy Świat 64, 00-357 Warsaw
E-mail: rodo.artysci@stoart.org.pl
Phone: +48 22 55 69 200

Data Protection Inspector

You can contact STOART's Data Protection Inspector at iod@stoart.org.pl

If you have any questions or doubts, please contact us using the phone number or e-mail address indicated above.

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