GDPR at the therapeutic preschool unit “Experiencing the World”

Information for children and parents using the THERAPEUTIC PRESCHOOL UNIT “EXPERIENCING THE WORLD”

Dear Parents,

In connection with the entry into force of 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 (hereinafter GDPR), please read the information below.

Legal notice

Under Article 13 GDPR, a Data Controller collecting personal data directly from the data subjects, i.e. from you, is obliged to provide them with all the information required and listed in that provision.

Information on the processing of personal data (information obligation)

The controller of your personal data is the Polish Association for Persons with Intellectual Disability, with its registered office in Warsaw (02-639) at ul. Głogowa 2B, which also pursues its statutory goals through its organisational unit, the Therapeutic Preschool Unit “Experiencing the World”, located at ul. Pilicka 21 in Warsaw (02-613), hereinafter OWI.

Purpose, scope and legal basis of processing your personal data

The personal data given in the application form for the therapeutic preschool unit “Experiencing the World” will be processed for the purposes of admission to the unit. In this case, personal data will be processed on the basis of Article 6(1)(c) and (f) GDPR in connection with Articles 149, 150 and 155 of the Education Law Act of 14 December 2016 and Section 6 of the Regulation of the Minister of Health and National Education of 28 August 2017 on other forms of preschool education, the conditions for establishing and organising them and the way they operate. Sensitive personal data on the child’s health, diet and psychophysical development will be processed on the basis of Article 155 of the Education Law Act in connection with Article 9(2)(b) GDPR and Article 9(2)(h) GDPR.

The personal data of admitted children will be processed for the purposes of teaching, educational and care activities, including preschool education programmes, therapy of the children, and fulfilling OWI’s legal obligations. The legal basis for processing personal data for these purposes will be Article 6(1)(f) GDPR, Article 6(1)(e) GDPR and Article 6(1)(c) GDPR in connection with the Education Law Act of 14 December 2016 and Section 6 of the Regulation of the Minister of Health and National Education of 28 August 2017 on other forms of preschool education, the conditions for establishing and organising them and the way they operate. Personal data will be processed for the purpose of pursuing and defending against claims on the basis of Article 6(1)(f) GDPR; the personal data of persons authorised to collect the child, of the child’s legal guardians or parents, will be processed on the same legal basis.

Entities to which your personal data may be disclosed

Your personal data may be made available to other entities if you voluntarily consent to its disclosure to entities you indicate in your statement, or if generally applicable law requires the data to be disclosed to entities entitled to receive it, in particular: the designated postal operator, investigative authorities, courts and bodies supervising OWI’s activities – in particular at the request of investigative authorities or courts. In addition, your personal data may be disclosed to entities supporting the Data Controller’s activities, i.e. service providers, including IT system providers, law firms, and consulting and audit firms. The Data Controller will always disclose your personal data to the above entities with respect for its security, obliging them to keep the data confidential. The Data Controller will only choose service providers that offer sufficient guarantees of meeting the requirements of the GDPR.

The Data Controller does not intend to transfer your personal data to a third country or an international organisation.

Period of processing your personal data

We will use the data for the period of the teaching, educational and care activities, but no longer than until claims become time-barred (no longer than 6 years). At the same time, we point out that under Article 160 of the Education Law Act:

  1. if the child is admitted to our unit, the data will be processed for the entire period the child uses our unit’s services,
  2. if the child is not admitted to our unit, the data will be processed for one year from the date the application was rejected.

Your rights in connection with the processing of personal data by the Data Controller

You have the right to request from the data controller access to your personal data, its rectification, its erasure when it is excessive or untrue, and restriction of processing; the right to object to further processing for reasons relating to your particular situation, or when the data is processed for marketing purposes, including profiling, to the extent that the processing is related to such direct marketing. You have the right to withdraw any consent you have given to the processing of your data, including its disclosure, at any time, without affecting the lawfulness of processing based on consent before its withdrawal. In connection with the processing of personal data, you have the right to lodge a complaint with the supervisory authority.

Providing personal data is voluntary but necessary for the Data Controller to consider the application. Your personal data will not be subject to decisions based solely on automated processing, including profiling.

Address for correspondence

If you would like to find out more about personal data protection, change any of your statements or exercise any of the rights indicated above, please send your correspondence to the address of the Data Controller’s registered office. In accordance with the law, the Data Controller will reply within 30 days. Due to the complex nature of a request or the number of requests you send us, the reply period may be extended to 90 days, in which case we will inform you of the extension within one month.

Contact with the Data Protection Officer

To contact the OWI Data Protection Officer, please send your correspondence to ul. Pilicka 21, 02-613 Warsaw, or by e-mail to iod.owi@psoni.org.pl.