Regulations

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)

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STANDARDS FOR THE PROTECTION OF MINORS

AT THE WYSPIANSKI HOTEL

Preamble

Taking into account the legal obligation resulting from the provisions of the Act of 13 May 2016 on Counteracting the Threat of Sexual Crime and the Protection of Minors and the content of the United Nations guidelines on business and human rights, recognizing the important role of business in ensuring respect for children's rights, JAN - POL SA with its registered office in Krakow adopts the Standards for the Protection of Minors. This document is a set of rules and procedures used in the event of a suspicion that a child staying at the Wyspiański Hotel is being harmed and to prevent such threats, taking into account the situation of disabled children and children with special educational needs.

The Standards of Protection of Minors at the Wyspiański Hotel, run by JAN – POL SA are implemented based on the following principles:

1. JAN – POL SA conducts its operational activities with respect for the rights of children as people who are particularly sensitive to harm.
2. JAN – POL SA recognizes its role in conducting socially responsible business and promoting desirable social attitudes. JAN – POL SA in particular emphasizes the importance of the legal and social obligation to notify law enforcement agencies of any suspected crime against children and undertakes to train its staff in this area.

Glossary:

For the purposes of this document, the meaning of the following terms has been clarified:

1. JAN – POL SA/Entrepreneur – JAN – POL SA with its registered office in Kraków, ul. Westerplatte 15, 31 – 033 Kraków, entered into the register of entrepreneurs maintained by the District Court for Kraków – Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under the KRS number: 0000086856; Tax Identification Number (NIP): 6761018086 and National Business Registry Number (REGON): 350811530.
2. Hotel Wyspiański – a hotel facility located at ul. Westerplatte 15 in (31 – 033) Krakow, run and managed by JAN – POL SA
3. Tourist facilities – hotel facilities and other facilities in which hotel services are provided as specified in the Act of 29 August 1997 on hotel services and the services of tour guides and tourist guides.
4. A child/minor is any person under 18 years of age.
5. An adult stranger is any person over the age of 18 who is not a child's parent or legal guardian.
6. Forms of violence against children:

• physical abuse is abuse that results in actual or potential physical harm to a child. This harm occurs as a result of an action or failure to act by a parent or other person responsible for the child, or someone the child trusts or has authority over the child. Child physical abuse can be repeated or a one-time act.
• child abuse is a chronic, non-physical , harmful interaction between a child and a caregiver, including both actions and omissions. It includes, among others: emotional unavailability, emotional neglect, a relationship with the child based on hostility, blaming, denigration, rejection, developmentally inappropriate or inconsistent interactions with the child, failure to see or recognize the child's individuality and the psychological boundaries between parent and child.
• Child sexual abuse is involving a child in sexual activity that the child is not able to fully understand and give informed consent to and/or to which they are not developmentally mature and cannot consent in a legally valid manner and/or which is inconsistent with the legal or social norms of a given society. Sexual abuse occurs when such activity occurs between a child and an adult or a child and another child, if these persons, due to their age or level of development, are in a relationship of care, dependency, or power. Sexual abuse can also take the form of sexual exploitation , i.e. any actual or attempted abuse of a position of vulnerability, superior power, or trust, for sexual purposes, including, but not limited to, deriving financial, social or political benefits from the sexual exploitation of another person. A particular risk of sexual exploitation occurs during humanitarian crises. The risk of exploitation exists both for children and their caregivers (definition from UN Bulletin ST/SGB/2003/13).
• Child neglect is the chronic or incidental failure to meet the child's basic physical and mental needs and/or failure to respect their basic rights, resulting in health disorders and/or difficulties in development. Neglect occurs in the child's relationship with the person who is obligated to care for, raise, care for and protect the child.

7. Child abuse as used in this document means committing a crime or other form of violence against a child that causes harm (see Section 7).
8. Crime to the detriment of a child - all crimes that can be committed against adults can be committed to the detriment of children, and additionally crimes that can only be committed against children (e.g. sexual abuse under Article 200 of the Penal Code 1 ). Due to the specificity of accommodation facilities, where it is easy to obtain the possibility of isolation, the crimes that can most often be committed on their premises will be crimes against sexual freedom and decency, in particular rape (Article 197 of the Penal Code), sexual exploitation of insanity and helplessness (Article 198 of the Penal Code), sexual exploitation of dependency or critical situation (Article 199 of the Penal Code), sexual exploitation of a person under 15 years of age (Article 200 of the Penal Code), grooming (seduction of a minor by means of distance communication - Article 200a of the Penal Code).
9. Other forms of child abuse than committing a crime to the child's detriment – all forms of violence against a child that do not meet the characteristics of a crime prosecuted at the public prosecutor's office (e.g. shouting, humiliation, pulling, insulting, neglecting needs, etc.)
10. An employee is a person employed by JAN – POL SA (Hotel Wyspiański) under an employment contract or performing work on the basis of a similar contract (e.g. contract of mandate, B2B, contract for specific work), as well as a trainee, apprentice, volunteer, etc.
11. An employee employed to work with children is any person performing tasks or delegated to perform tasks related to the upbringing, education, recreation, treatment, provision of psychological counselling, spiritual development, practicing sports or pursuing other interests by minors, or with caring for them.

CHAPTER I. FACILITY EMPLOYEES

General rules

1. JAN – POL SA (Hotel Wyspiański) undertakes to educate its employees about circumstances indicating that a child staying in the facility may be harmed and about ways to quickly and appropriately respond to such situations. The entrepreneur may implement the above education through various forms of training, e.g.: external, internal training, e-learning, educational materials developed by the hotel and available to employees, educational materials available free of charge, developed by other organizations.
2. Each employee, before being allowed to work, is familiarized with the Standards for the Protection of Minors, which is confirmed by submitting a declaration and undertaking to comply with the rules and procedures contained in this document. Annex No. 1.
3. Employees employed to work with children undergo periodic training, which is documented by the employer.
4. At the Wyspiański Hotel, children up to 18 years of age must be under adult supervision.

Employment of people to work with children

1. People who work with children must demonstrate in their employment history that they have not harmed any child in the past.
2. Each person employed/delegated by JAN – POL SA (Hotel Wyspiański) to work with children must be checked in the Register of Sexual Offenders, this also applies to underage employees, i.e. under 18 years of age. Checking a person in the Register is done by printing the results of searching for a person in the Register with limited access, which is then placed in the personal files of the person being checked. The scope of personal data necessary to check a person in the Register is included in Annex No. 3.
3. In addition, each person employed/delegated to work with children must provide information from the National Criminal Register regarding crimes specified in Chapters XIX and XXV of the Penal Code, in Article 189a and Article 207 of the Penal Code and in the Act of 29 July 2005 on Counteracting Drug Addiction (Journal of Laws of 2023, item 172 and of 2022, item 2600), or for prohibited acts corresponding to these crimes specified in the provisions of foreign law.
4. If the employed/delegated person has a citizenship other than Polish, they should also submit information from the criminal record of the country of which they are a citizen, obtained for the purposes of professional or volunteer activities related to contacts with children, or information from the criminal record if the law of that country does not provide for the issuance of information for the above-mentioned purposes.
5. The employed/delegated person must also be required to submit a declaration on the country/countries of residence for the last 20 years, other than the Republic of Poland and the country of citizenship, submitted under penalty of criminal liability. Appendix No. 4.
6. If the law of the country from which the information on no criminal record is to be submitted does not provide for the issuance of such information or does not maintain a criminal record, then the employed/delegated person shall submit a declaration of this fact under penalty of criminal liability. Annex No. 5.
7. Under declarations submitted under penalty of criminal liability, a declaration of the following content is submitted: "I am aware of the criminal liability for submitting a false declaration." This declaration replaces the authority's notice of criminal liability for submitting a false declaration.
8. In the event of using the services of external entities, JAN – POL SA (Hotel Wyspiański) shall include an appropriate provision in the agreement with this entity, which will enable JAN – POL SA (Hotel Wyspiański) to enforce an appropriate standard in the scope of checking employees by this entity in terms of their safety for children. The provision will enable JAN – POL SA (Hotel Wyspiański) to control the fulfilment of the obligation under penalty of immediate termination of the agreement and contractual penalty or other sanctions related to failure to fulfil the terms of the agreement in this scope.

Scope of competences and responsibilities of persons appointed to implement the Standards for the Protection of Minors at the Wyspiański Hotel

1. The Entrepreneur supervises the application of the Standards for the Protection of Minors.
2. The entrepreneur appoints a coordinator for the Standards of Protection of Minors (hereinafter referred to as the "Coordinator").
3. The Coordinator is responsible for familiarizing employees with the content of the Standards for the Protection of Minors and monitoring its application at the Wyspiański Hotel
4. The Coordinator organizes and documents the process of educating employees on how to recognize symptoms that a child staying in the facility may be being harmed and how to quickly and appropriately respond to such situations, in accordance with the procedures adopted by the Entrepreneur.
5. The coordinator records each intervention or reported incident involving child abuse on the premises in a document that is created for this purpose (e.g. incident log or intervention log).
6. In the event of a reasonable suspicion that a crime has been committed, the Coordinator is responsible for securing evidence, including surveillance recordings, and forwarding them, at the request of the services, in the form of a copy by registered mail or in person to the prosecutor or the police.
7. The coordinator is responsible for conducting the procedure in a situation where a child has been harmed by an employee of the facility or another adult who is not directly employed by JAN – POL SA (Hotel Wyspiański) but by a third party.
8. The Coordinator is responsible for submitting notifications of suspected crimes against minors and for notifying the guardianship court. In undertaking these activities, the Coordinator relies on the documentation collected based on points 5-6 above and may use the support of legal service providers for JAN-POL SA (Hotel Wyspiański). Activities consisting in submitting a notification of a possible crime committed by a minor, as well as notifying the family court [application for insight into the child's situation] are undertaken only after exhausting other response procedures provided for in these Standards, in the event that activities undertaken within the framework of other procedures indicate a high probability of harm to a minor.
9. The Coordinator is responsible for monitoring and updating the Standards for the Protection of Minors and their availability to employees, other entities cooperating with JAN – POL SA (Hotel Wyspiański) and guests.
10. The coordinator's details are available to all employees and guests of the facility, including children. The details must include information on how to contact the coordinator (e-mail address, telephone number, availability of working days and hours).
11. The SOM coordinator at the Wyspiański Hotel is:

Name and surname: Anna Ziajor

E-mail address: Wyspianski@janpol.com.pl

Phone: 12 422 95 66

Contact on: Monday - Friday 8am - 4pm

Principles of safe employee-child relationships

1. All employees of JAN – POL SA working at the Wyspiański Hotel are obliged to apply the following rules , including other adults who have contact with children on the premises, if such contact takes place with the consent of JAN – POL SA
2. The guiding principle of all actions undertaken by employees who have contact with children on the premises of the Wyspiański Hotel is to treat the child with respect and to take into account his or her dignity and needs.
3. It is unacceptable for employees or other adults to use violence against children in any form.

1. Behaviors and practices expected from an employee

• Be patient and respectful when communicating with your child.
• Listen carefully to your child and give them answers that are appropriate to their age and the situation. When communicating with your child, try to keep your face level with theirs.
• Reassure your child that if they feel uncomfortable with a situation, they can tell you or another designated person and get help.
• Inform your child where the Standards for the Protection of Minors are located at the Wyspiański Hotel in a version that they can understand. Assure them that if they have any questions, they can contact you or another designated person.
• Ensure equal treatment of children regardless of their gender, sexual orientation, ability/disability, social, ethnic, cultural, religious status and worldview.
• Make sure your space is safe. If there are children in the area where you work, make sure that equipment and supplies are used as intended and that the surroundings are safe (look for secure windows and stairs, restricted access to busy roads, open water, etc.).
• If you see a child/children left unattended and the situation may indicate a threat to the child's safety, take steps to locate the parent/guardian.

2. Unacceptable behaviour and practices by employees towards children in the facility

• You must not shout at, embarrass, humiliate, disrespect or insult your child.
• You may not hit, poke, push or in any way violate the physical integrity of a child unless there is a threat to the child's health or life.
• You must not engage in any romantic or sexual relationship with a child or make inappropriate advances to them. This includes sexual comments, jokes, gestures, and sharing erotic and pornographic content with children in any form.
• You are not allowed to record the image of a child for private or professional purposes (recording, photographing) without the consent of the child's parents/guardians and the consent of the child himself. This also applies to allowing third parties to record images of children. The exception is a situation where the child's image is only a detail of a whole, such as a gathering, landscape, public event, then the consent of the child's parent/guardian is not required.
• You are not allowed to contact your child through private communication channels (private telephone, email, instant messaging, social media profiles) or meet your child outside of the workplace.
• You may not offer your child alcohol, tobacco products or illegal substances.
• Never touch a child if he or she does not want to be touched or in a way that may be considered indecent or inappropriate.

If you witness any of the above-described behaviours and/or situations on the part of other adults or children, always inform the person in charge of implementing and monitoring the Child Protection Standards in the facility or your immediate supervisor:

The SOM coordinator at the Wyspiański Hotel is:

Name and surname: Anna Ziajor

E-mail address: Wyspianski@janpol.com.pl

Phone: 12 422 95 66

Contact on: Monday - Friday 8am - 4pm

CHAPTER II. CHILD IDENTIFICATION PROCEDURE DURING REGISTRATION AT RECEPTION

1. One form of effective prevention of child abuse is to establish the identity of the child staying in the facility and his or her relationship with the adult with whom he or she stays in the facility.
2. The receptionist takes all possible steps to identify the child and his or her relationship with the adult accompanying the child.
3. In order to identify the child and his/her relationship to the person with whom he/she is staying at the facility, you should:

1. ask for the child's ID or another document confirming that the adult has the right to care for the child. Examples of documents that can be used for identification include: ID card, school ID, MObywatel application , Internet Patient Account, court decision. In the absence of an ID or refusal to show it, ask for the child's data (name, surname, address, PESEL number) by filling in the appropriate fields in the registration card.
2. In the absence of documents indicating the relationship between the child and the adult or refusal to present them, the adult and the child should be asked about this relationship . An example outline of a conversation with an adult and a child is included in Annex 2.
3. If the adult is not the child's parent or legal guardian, they should be asked to present a document, e.g. notarized consent from the parent for the person to travel with the child or consent signed by the child's parent, along with the child's details, address, telephone contact details for the parent and the ID number/PESEL number of the person to whom the parent has entrusted care of the child. If the adult does not have any of the above documents, they should be asked to complete an appropriate declaration, in accordance with the template prepared by the facility. The declaration should include the child's details and the details of the adult with whom the child is staying, along with an indication of the relationship between the child and the adult. If the adult is not the child's parent or legal guardian, they should declare that the parents/legal guardians have consented to the care of the child. The declaration should be submitted under penalty of criminal liability and include the following note: "I am aware of criminal liability for making a false declaration." This declaration replaces the authority's advice on criminal liability for making a false declaration.

4. In the event of an adult refusing to present a child's document and/or indicating the relationship, and then refusing to sign the declaration referred to in Chapter II, point 3 C, the Guest should be accepted, but information about the situation should be immediately forwarded to the SOM Coordinator at the Wyspiański Hotel, who will record the refusal in the event log or another document intended for this purpose.
5. If the conviction of an attempted or committed crime to the detriment of a child is confirmed, the superior notifies the police. The procedure for circumstances indicating harm to a child is then applied (see Chapter III).
6. If employees of other departments of JAN – POL SA (Hotel Wyspiański) witness unusual and/or suspicious situations, e.g. cleaning service, room service, bar and restaurant staff, relaxation zone staff, security staff, etc., they should immediately notify their superior, and in the event of his absence - the decision-maker who will take appropriate actions (see points 7 and 8 above).
7. Depending on the situation and location, the superior verifies to what extent the suspicion of child abuse is justified. To this end, he selects appropriate measures to clarify the situation or decides to intervene and notifies the police.

CHAPTER III. PROCEDURE IN CASE OF CIRCUMSTANCES INDICATING

ON A CHILD BEING HURT BY AN ADULT

1. There is reasonable suspicion of child abuse when:

1. the child disclosed the abuse to a facility employee,
2. the employee observed harm,
3. the child shows signs of abuse (e.g. scratches, bruises) and when asked, the child responds in an inconsistent and/or chaotic manner and/or becomes embarrassed, or there are other circumstances that may indicate abuse, e.g. finding pornographic materials involving children in an adult's room.

2. An employee who has a reasonable suspicion that a child staying in the facility is being or has been harmed should immediately notify the superior/decision maker, who will notify the police. In the event of a threat to the safety of a child, an employee who has a reasonable suspicion that a child has been harmed shall immediately notify the police by calling 112 and describing the circumstances of the incident. Regardless of the above, the Employee shall notify the SOM Coordinator at the Wyspiański Hotel of the incident.
3. Every effort should be made to make it difficult or even impossible for a child or any person suspected of harming a child to leave the facility.
4. In the case specified in the Code of Criminal Procedure, a citizen's arrest of a suspect may be made. In such a situation, until the police arrive, the arrested person remains under the supervision of security staff or other employees of JAN - POL SA (Hotel Wyspiański), who can perform such activities without endangering their health or life.
5. In each case, the child's safety should be ensured. If possible, the child should be under the care of the employee until the police arrive. If possible, an attempt should be made to support the child (Appendix no. 10).
6. In the event of a reasonable suspicion that a crime has been committed involving a child's contact with the perpetrator's biological material (sperm, saliva, skin), the child should be prevented from washing or eating/drinking until the police arrive, if possible. The child should be explained why such restrictions have been imposed on them.
7. After the child is taken into custody by the police, the monitoring material and other important evidence (e.g. documents) regarding the incident should be secured and forwarded to the SOM Coordinator at the Wyspiański Hotel, who, at the request of the services, will forward a copy by registered mail or in person to the prosecutor or the police.
8. After the intervention, the incident should be reported to the SOM Coordinator at the Wyspiański Hotel, who will describe it in an event log or other document intended for this purpose.

CHAPTER IV. PROCEDURE IN THE CASE OF SUSPECTED OR CONFIRMED CHILD ABUSE BY AN EMPLOYEE/OTHER ADULT

1. In the event of a suspicion that a child is being harmed by an employee or another adult who is not directly employed by JAN – POL SA but by a third party, the person who has received this information should immediately inform the SOM Coordinator at the Wyspiański Hotel, and in his absence, another person designated for this purpose (direct superior).
2. If a child's life or health is at risk, the person who has received information on this subject should immediately notify the police by calling the emergency number 112, providing their own data, the child's data (if possible), the child's location and a description of the circumstances of the case and notify the superior/decision-maker, who will notify the child's guardians/parents. The person who has received information on the incident also informs the SOM Coordinator at the Wyspiański Hotel, at least by e-mail/in writing.
3. In the event that an employee has committed a form of harm to a child other than committing a crime to their detriment, the SOM Coordinator at the Wyspiański Hotel, upon receiving information, should investigate all the circumstances of the case, in particular by listening to the employee suspected of harming and other witnesses to the event. In a situation where the violation of the child's welfare is significant, in particular when discrimination or violation of the child's dignity has occurred, the SOM Coordinator at the Wyspiański Hotel should recommend to the person managing the facility appropriate personal actions towards this employee.
4. If the person who committed the harm is not directly employed by JAN – POL SA, but by a third party (e.g. outsourcing), then it should be recommended to ban him or her from entering the premises of the Wyspiański Hotel, and if necessary, terminate the contract with the third party.

CHAPTER V. PROCEDURE IN THE EVENT OF OTHER FORMS OF VIOLENCE USED AGAINST A CHILD BY A PARENT/LEGAL GUARDIAN/OTHER ADULT

1. If it is discovered that a child is being harmed by a parent/legal guardian or another adult with whom the child is on the premises, any employee who witnesses such harm should respond firmly.
2. If a child's life or health is at risk, the person who has received information on this subject should immediately notify the police by calling the emergency number 112, providing their own data, the child's data (if possible), the child's location and a description of the circumstances of the case and notify the superior/decision maker. The person who has received information on the event also informs the Coordinator, at least by email/in writing.
3. If a facility employee witnesses physical violence against a child (slapping, pulling, shouting, other items listed in the definition of physical violence) they should try to stop the abuse and respond. Possible forms and ways of responding to harmful behaviors of a parent/guardian/other adult towards a child can be found in Annex 11.
4. In the event of a child under 7 years of age being left unattended, an employee who has received information about such an event should notify their superior. The superior who has been notified of the situation makes a decision on further action. First, the superior attempts to find the parent/legal guardian or other adult with whom the child is staying at the facility and explains that they cannot leave the child unattended in the room/on the facility. In a situation where it is not possible to find the parent/legal guardian or other adult with whom the child is staying at the facility, or the parent/legal guardian/other adult does not want and/or is unable to take care of the child, the superior notifies the police. In each case, the child's safety must be ensured.

CHAPTER VI. MONITORING AND EVALUATION OF MINORS' PROTECTION STANDARDS

1. The entrepreneur appoints a SOM Coordinator responsible for the Standards of Protection of Minors applied at the Wyspiański Hotel and places his/her contact details in a place easily accessible to hotel staff and guests, including children.
2. The entrepreneur determines the scope of tasks and competences of the Coordinator in the scope of preparing employees to apply the provisions of the Standards for the Protection of Minors, the principles of preparing employees to apply them and the method of documenting these activities.
3. The SOM Coordinator, referred to in the preceding point, monitors and evaluates the Standards for the Protection of Minors once every two years.
4. Monitoring and evaluation includes verifying the implementation of the Standards for the Protection of Minors, responding to signals of violations of rules and procedures and proposing changes to the document, especially in terms of adapting them to current needs and compliance with applicable regulations.
5. The Coordinator conducts a survey among JAN – POL SA (Hotel Wyspiański) employees once every two years to monitor the level of implementation of the Standards for the Protection of Minors. The survey template is attached as Appendix no. 6.
6. In the survey, employees can propose changes and indicate violations of the rules and procedures of the Standards for the Protection of Minors at the Wyspiański Hotel.
7. The SOM Coordinator processes the questionnaires completed by employees, prepares a monitoring report on this basis, which is then forwarded to the Entrepreneur. The Entrepreneur introduces the necessary changes to the document and announces to employees the new wording of the Standards for the Protection of Minors.

Final provisions

1. The Standards for the Protection of Minors enter into force on August 15, 2024.
2. The Standards for the Protection of Minors are made available to all employees by placing them on the website of the Hotel Wyspiański and at the Hotel Wyspiański Reception.
3. The Standards for the Protection of Minors are made available to adult guests of the Wyspiański Hotel by placing them on the Wyspiański Hotel website and at the Wyspiański Hotel Reception.
4. The Standards for the Protection of Minors are made available in an understandable and abbreviated version for children staying on the premises of the Wyspiański Hotel in a place that is accessible and visible to them.

List of attachments:

• Appendix No. 1: Declaration of familiarization with the Standards for the Protection of Minors.
• Appendix No. 2: Sample outline of a conversation with an adult and a child during identification.
• Appendix No. 3: Scope of data for checking a person in the Register of Sexual Offenders.

• Annex No. 4: Sample declaration on countries of residence.
• Appendix No. 5: Sample declaration of no criminal record.
• Appendix No. 6: Survey monitoring the level of implementation of the Standards for the Protection of Minors.
• Appendix No. 7: Examples of situations that may raise suspicions or indicate child abuse.
• Appendix No. 8: Sample list of employee positions in the facility subject to verification in the context of child protection.
• Appendix No. 9: Sample statement on the application of child protection standards for outsourcing companies employed by the facility.
• Appendix No. 10: How to talk to a child victim of a crime – tips for facility employees.
• Appendix No. 11: Ways to respond to harmful behavior by a parent/guardian/other adult towards a child