Fotoportal Terms and Conditions

§ 1 General provisions

These Terms and Conditions define the conditions for using the Fotoportal – in particular the rules and conditions of its use.
The Fotoportal is owned by the City of Poznań, with its registered seat in Poznań (61-841), Pl. Kolegiacki 17, Tax ID: 2090001440.
The content of these Terms and Conditions is available on the Fotoportal website.
Whenever these Terms and Conditions refer to:
1. 1) Terms and Conditions – this shall mean the Fotoportal Terms and Conditions,
2. 2) Administrator – this shall mean the City of Poznań,
3. 3) User – this shall mean a person registered on the Fotoportal,
4. 4) Personal Data Administrator – this shall mean the Mayor of the City of Poznań, with its registered seat at Pl. Kolegiacki 17, 61-841 Poznań,
5. 5) Fotoportal – this shall mean the website www.fotoportal.poznan.pl, used, among other purposes, for publishing photographic works related to Poznań and enabling participation in photographic contests organised on that website,
6. 6) work – this shall mean a photographic image uploaded by the User to the Fotoportal.

§ 2 Technical requirements for using the Fotoportal

The technical requirements for using the Fotoportal are relevant to the proper functioning of the Fotoportal, its appearance in the web browser used by the User, and to the security of transmitted data.
In order to use the Fotoportal correctly, the following are required:
1. 1) an Internet connection,
2. 2) a web browser:
  1. a) Chrome, Firefox or Opera in one of the three most recent versions,
  2. b) Safari or Edge in one of the two most recent versions,
  3. c) Internet Explorer version 11,
3. 3) cookie handling enabled in the web browser.

§ 3 Registration

Registration on the Fotoportal is free of charge and voluntary, but is required in order to use the Fotoportal.
In order to register on the Fotoportal, the User is required to:
1. 1) provide personal data in the form of first name, last name, e-mail address (mandatory), and a username/pseudonym (optional);
2. 2) tick the checkbox labelled "I accept the terms and conditions of the service";
3. 3) tick the checkbox labelled "I accept the privacy policy";
4. 4) tick the checkbox labelled "I consent to the processing of my personal data by the Administrator – the Mayor of the City of Poznań, with its registered seat at Plac Kolegiacki 17, 61-841 Poznań".
After completing the registration form and submitting the application, the Administrator creates the User's account. The Administrator then sends an e-mail to the address provided during registration with instructions for activating the User's account. Registration is completed upon activation of the User's account.
During registration, the User is required to provide their personal data. This information is necessary to establish, among other things, the copyright to works submitted to the Fotoportal.
The Administrator informs that impersonating another person with the intent to cause financial or personal harm is a criminal offence.
In order to register and create an account on the Fotoportal, the User must consent to the processing of personal data pursuant to Article 6(1)(a) of the GDPR (see paragraph 2, point 4).

§ 4 Submission of works

A work is considered submitted to the Fotoportal at the moment it is published on the Fotoportal.
Files must be submitted to the Fotoportal in JPG format with the highest possible size and print resolution. In the case of photographic contests organised on the Fotoportal, specific requirements in this regard are set out in the rules governing the photographic contest within the Fotoportal, available on the Fotoportal.
The title of the work should include the address of the location in Poznań where the work was created (street name, building number).
Works published on the Fotoportal should depict Poznań, and in the case of photographic contests organised on the Fotoportal, they must also comply with the theme of the monthly contest. Specific requirements for participation in contests organised on the Fotoportal are set out in the rules governing the photographic contest within the Fotoportal, available on the Fotoportal.
Basic photographic post-processing of works is permitted, limited exclusively to adjustments of image parameters such as brightness, contrast, exposure, white balance, colour saturation, sharpness, and cropping. Post-processing must not alter the content or character of the work.
Photo compositing, manipulation of the image structure, and adding or removing elements of the photograph are not permitted.
Only works created solely by the User may be submitted to the Fotoportal. Submitting works generated by artificial intelligence (AI) or works that have been wholly or partially modified using AI tools – including, in particular, by adding, removing or altering elements of the image – is not permitted (subject to the permitted modifications referred to in paragraph 5).
Each work must be approved by the Administrator before being added to the Fotoportal – the User is notified by e-mail each time a work is accepted or rejected. In the event of rejection, the User is informed of the reasons.
The Administrator reserves the right to reject works that do not meet the requirements of these Terms and Conditions, and, in the case of works submitted for photographic contests organised on the Fotoportal, those that do not meet the requirements of the rules governing the photographic contest within the Fotoportal, available on the Fotoportal.
The Administrator reserves the right to reject works that may violate the law, good customs, dignity, or the rights of third parties – in particular works containing content generally considered vulgar or offensive.
Users may only submit works to the Fotoportal over which they hold the full copyright (both moral rights and economic rights).
The Administrator informs that plagiarising the works of others is subject to criminal and civil liability.
The User declares that they are aware that by publishing a work on the Fotoportal, they grant the Administrator a free-of-charge, non-exclusive licence to use the work without territorial or time restrictions (with no remuneration), authorise the Administrator to exercise derivative rights in relation to the work and to exercise the moral rights to the work on the terms set out in § 6, and are also aware that the work published on the Fotoportal may be used by other Users for the purposes and on the terms set out in § 7.

§ 5 Image rights of third parties

In the case of works submitted to the Fotoportal, the image of a given person within a work may, as a general rule, only appear as a detail of a larger whole, such as a gathering, landscape or public event, in accordance with Article 81(2)(2) of the Act on Copyright and Related Rights, or as the image of a publicly known person where such image was captured in connection with the performance of their public functions, in particular political, social or professional functions, in accordance with Article 81(2)(1) of the Act on Copyright and Related Rights. Exceptions to the above rule may apply in the case of contests organised on the Fotoportal, where the Administrator may decide to allow the submission of works featuring the image of a given person on terms other than those set out in the first sentence (specific rules applicable in such cases are set out in the rules governing the photographic contest within the Fotoportal, available on the Fotoportal).
The Administrator reserves the right to reject works that are contrary to the rules set out in paragraph 1, including, in particular, portraits (except in the situations referred to in the second sentence of paragraph 1).
The User warrants that the works they submit will not infringe the image rights or personal rights of other individuals.
In the event that third parties bring claims against the Administrator arising from any infringement of their image rights or personal rights, the User undertakes, at their own expense, to take all factual and legal steps necessary to provide the Administrator with adequate protection against such claims, and in particular undertakes to substitute the Administrator or, if that is not possible, to join the proceedings on the Administrator's side in all proceedings brought against the Administrator, and to indemnify the Administrator against all claims brought by third parties. Under this declaration, the User bears full liability for damages towards the Administrator, including in particular direct damage, the costs of legal assistance provided in defence of the Administrator's interests, and the equivalent of any amounts paid by the Administrator to satisfy third-party claims.

§ 6 Licence, authorisation to exercise derivative rights and moral rights

Upon the Administrator's acceptance of a work submitted to the Fotoportal and its publication on the Fotoportal, the User grants the Administrator, free of charge (with no remuneration), a non-exclusive licence to use the work without territorial or time restrictions, on all fields of exploitation known at the time of submission, and in particular:
1. 1) in the field of recording and reproducing the work – the right to produce copies of the work by any technique, including printing, reprographic methods, magnetic recording and digital techniques, and to upload the work to computer memory and multimedia networks;
2. 2) in the field of trading the original or copies on which the work has been recorded – placing into circulation, lending or renting the original or copies;
3. 3) in the field of disseminating the work in a manner other than as described in point 2) – public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work publicly available in such a way that anyone may access it at a place and time of their choosing, including dissemination in guides, catalogues, promotional and advertising materials, press announcements and advertisements, on posters including large-format posters, publication on the Internet, as well as making the work available via webcasting, simulcasting, videocasting and all other forms of internet transmission, and dissemination via telephone networks (both fixed and mobile), in particular via mobile phone (including WAP) and digital devices (e.g. decoders, VOD, PPV, personal computers and others), as well as dissemination in all other forms of communication, promotion or advertising (e.g. on promotional items);
4. 4) making them available to other persons for commercial purposes in publications and studies describing the Administrator;
5. 5) the right to translate, adapt, make all changes, adaptations, corrections, modifications, format changes, abridgements and compilations of the work, including changes to the layout or any other changes to the work, in particular changes to the arrangement and size of individual graphic elements comprising the work, as well as the use of derivative works in the form of modifications, fragmentation and/or re-editing, even where the result of such actions would be the loss of the individual character of the work;
6. 6) the right to permanently or temporarily reproduce the work in whole or in part, by any means and in any form;
7. 7) the right to use the work and its modifications and adaptations in all available forms, including in advertising media such as television, radio, press, internet, outdoor advertising, below-the-line advertising materials (BTL), posters, advertising leaflets, brochures and other promotional accessories.
From the moment the licence to use the work is granted, the User permits the Administrator to exercise derivative copyright within the meaning of Article 2 of the Act on Copyright and Related Rights in relation to the work, i.e. the User consents to making changes and modifications to the work and creating derivative works, to using, disposing of and disseminating derivative works, and additionally the User transfers to the Administrator the right to authorise the exercise of derivative copyright. The exercise of the above rights shall take place on the fields of exploitation listed in paragraph 1.
From the moment the licence to use the work is granted, the User grants the Administrator consent and authorisation to exercise the moral rights to the work on the User's behalf, in particular with regard to the right of integrity of the work and the right to supervise the manner in which the work is used (the exercise of moral rights will relate primarily to making all compilations, changes and modifications to the work as referred to in paragraph 1, point 5).
The Administrator is entitled to grant third parties a sublicence to use the work, in particular on the terms set out in § 7, paragraph 4.
Both the User and the Administrator may terminate the licence subject to a 3-month notice period, subject to paragraph 6.
Where a work contains the image of a given person (in the situation referred to in § 5, paragraph 1), the User reserves the right to immediately terminate the licence if the person whose image was captured in the work withdraws their consent to its use. In such a case, the User is required to immediately notify the Administrator of this fact, and the Administrator undertakes to cease using the work in any manner.
By submitting a work to the Fotoportal, the User declares that:
1. 1) they hold all exclusive and unrestricted economic copyright to the work;
2. 2) they are entitled to dispose of the economic copyright to the work, including the right to grant a licence to use the work;
3. 3) the economic copyright to the work that they hold is not subject to enforcement proceedings.
The User warrants and guarantees that the works submitted to the Fotoportal will be original and will in no way infringe the economic or moral copyright or other rights of third parties (including industrial property rights). The Administrator shall not be liable for infringements of the aforementioned third-party rights, in particular in connection with the use of works. In the event that third parties bring claims against the Administrator arising from any infringement of their rights, the User undertakes, at their own expense, to take all factual and legal steps necessary to provide the Administrator with adequate protection against such claims, and in particular undertakes to substitute the Administrator or, if that is not possible, to join the proceedings on the Administrator's side in all proceedings brought against the Administrator, and to indemnify the Administrator against all claims brought by third parties. Under this declaration, the User bears full liability for damages towards the Administrator, including in particular direct damage, the costs of legal assistance provided in defence of the Administrator's interests, and the equivalent of any amounts paid by the Administrator to satisfy third-party claims relating to the infringement of their rights.

§ 7 Sharing of works

The User may place an order on the Fotoportal for works available in the Fotoportal database, but only if they wish to use them for activities whose direct or indirect purpose is to build a positive image of the Administrator.
The order referred to in paragraph 1 must include a detailed description of how and for what purpose the User intends to use the works.
The Administrator shall accept or reject the order referred to in paragraph 1 within 2 business days of proper delivery of the order, following a detailed review of the User's order. The Administrator shall notify the User by e-mail of the acceptance or rejection of the order. Each rejection must be accompanied by a justification.
Upon acceptance of the order, the Administrator grants the User, free of charge, a territorially unrestricted and non-exclusive licence to use the ordered work, for an indefinite period, without the right to sublicense, on the following fields of exploitation:
1. 1) in the field of recording and reproducing the work – the right to produce copies of the work by any technique, including printing, reprographic methods, magnetic recording and digital techniques, and to upload the work to computer memory and multimedia networks;
2. 2) in the field of disseminating the work – public performance, exhibition, display, reproduction, broadcasting and re-broadcasting, as well as making the work publicly available in such a way that anyone may access it at a place and time of their choosing, including dissemination in guides, catalogues, promotional and advertising materials, press announcements and advertisements, on posters including large-format posters, publication on the Internet, as well as making the work available via webcasting, simulcasting, videocasting and all other forms of internet transmission, and dissemination via telephone networks (both fixed and mobile), in particular via mobile phone (including WAP) and digital devices (e.g. decoders, VOD, PPV, personal computers and others), as well as dissemination in all other forms of communication, promotion or advertising (e.g. on promotional items);
3. 3) the right to permanently or temporarily reproduce the work in whole or in part, by any means and in any form;
4. 4) the right to use the work in advertising media, including television, radio, press, internet, outdoor advertising, below-the-line advertising materials (BTL), posters, advertising leaflets, brochures and other promotional accessories.
The Administrator may terminate the licence referred to in paragraph 4 subject to a 1-month notice period, subject to paragraph 7.
Whenever an ordered and subsequently used work is published, the User is required to identify the author by providing their first and last name; in the event that the author's account has been deleted from the Fotoportal, the User is required to indicate that the work originates from the Fotoportal.
Where a work contains the image of a given person (in the situation referred to in § 5, paragraph 1), the Administrator reserves the right to immediately terminate the licence referred to in paragraph 4 if the person whose image was captured in the work withdraws their consent to its use. In such a case, the User is required to immediately cease using the work in any manner.

§ 8 Personal data

In accordance with Article 13(1) and (2) of the General Data Protection Regulation of 27 April 2016:
1. 1) The Administrator, on the basis of Article 6(1)(a) 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 referred to as the GDPR), will process the following personal data: first name and last name, username/pseudonym, e-mail address.
2. 2) The Personal Data Administrator for Users is the Mayor of the City of Poznań, with its registered seat at Plac Kolegiacki 17, 61-841 Poznań.
3. 3) A Data Protection Officer has been appointed and may be contacted by e-mail at: iod@um.poznan.pl or in writing at: Plac Kolegiacki 17, 61-841 Poznań.
4. 4) Users' personal data will be processed for the purpose of registration and creating an account on the Fotoportal.
5. 5) Users' personal data is processed on the basis of consent given to the processing of personal data.
6. 6) Once the purpose for which the data was collected has been fulfilled, the data will be processed for archiving purposes and stored for the period necessary to comply with the data archiving regulations applicable to the Administrator.
7. 7) Consent to the processing of personal data may be withdrawn at any time without affecting the lawfulness of processing carried out on the basis of consent prior to its withdrawal. Withdrawal of consent is equivalent to deactivation of the User's account on the Fotoportal.
8. 8) Data subjects have the right to:
  1. a) access their personal data,
  2. b) request rectification of data that is inaccurate,
  3. c) request erasure of data where:
    1. - the data is no longer necessary for the purposes for which it was collected,
    2. - consent to the processing of data has been withdrawn,
    3. - the data is being processed unlawfully,
  4. d) request restriction of processing where:
    1. - the data subjects contest the accuracy of the data,
    2. - the processing is unlawful and the data subjects object to the erasure of data,
    3. - the Administrator no longer needs the personal data for processing purposes, but it is needed by the data subjects for the establishment, exercise or defence of legal claims.
9. 9) Data subjects whose personal data is processed have the right to lodge a complaint with the supervisory authority, which is the President of the Personal Data Protection Office.
10. 10) The provision of personal data is voluntary but necessary to achieve the purpose of using the Fotoportal.
11. 11) Failure to provide personal data will result in the inability to use the Fotoportal.
12. 12) Personal data will not be processed in a manner based solely on automated decision-making, including profiling.
13. 13) Recipients of the data include entities authorised to receive personal data on the basis of legal provisions or agreements concluded with the Administrator, including entities providing IT services to the Administrator.
14. 14) The personal data referred to in point 1 will not be disclosed to external entities except in the cases referred to in point 13 and as provided for by law.

§ 9 Account deactivation

The User has the right to deactivate their account on the Fotoportal at any time.
Deactivation of the account does not mean the removal from the Fotoportal of works published by the User. The Administrator retains the right to use the works even after the User's account has been deactivated, on the basis of the licence granted by the User.
The User consents to the fact that, in the event of account deactivation on the Fotoportal and where it is not possible to establish their first and last name, works published by the User on the Fotoportal may be used by the Administrator and other Users (within the scope referred to in § 7) without attribution, i.e. anonymously (in such a case, only the information that the work originates from the Fotoportal will be included alongside the work), and thereby consents to a limitation of their moral rights in this regard.
To deactivate an account, the User must send an e-mail requesting deactivation to: fotoportal@um.poznan.pl.
Account deactivation will take place within 5 business days of sending the e-mail referred to in paragraph 4.

§ 10 Final provisions

The Terms and Conditions are available at the Administrator's registered seat and on the Fotoportal website.
The Administrator reserves the right to amend these Terms and Conditions.
Matters not regulated by these Terms and Conditions shall be governed by the provisions of the Civil Code, the Act on Copyright and Related Rights, and other provisions of generally applicable Polish law.
In the event of disputes regarding the interpretation of these Terms and Conditions, the decision shall be made by the Administrator.
The Fotoportal Terms and Conditions of 20 January 2026 are hereby repealed.
These Terms and Conditions shall enter into force on 17 March 2026.