Juvenile Protection Standards

Child Protection Standards are a set of procedures and rules developed to ensure the safety and protection of children and young people from abuse, violence and neglect. These Standards aim to prevent all forms of harm to minors and to respond to situations in which their rights might be violated.

§ 1. Preamble

In view of the obligation arising from the Act of 13 May 2016 on preventing the dangers of sexual crime and protecting minors, requiring entities providing hotel and tourism services, as well as other collective accommodation facilities, to introduce standards necessary to protect minors, and recognising the important role of business in ensuring respect for Children’s rights, in particular the right to protection of their dignity and freedom from all forms of harm, Aparthotel Molo Park adopts this document as a model of standards, rules and procedures to be applied where there is suspicion that a Child staying at Molo Park Aparthotel is being harmed, and to prevent such risks.

§ 2. General provisions

1. Molo Park Mielno Sp. z o.o. conducts its operations with the utmost respect for human rights, especially the rights of Children as persons particularly vulnerable to harm.

2. Molo Park Mielno Sp. z o.o. recognises its role in running a socially responsible business and promoting desirable social attitudes.

3. Molo Park Mielno Sp. z o.o. particularly emphasises the legal and social duty to notify law enforcement authorities of every suspected offence against Children and undertakes to train its staff in this regard.

4. Mielno Sp. z o.o. undertakes to educate staff about circumstances indicating that a Child staying at the facility may be harmed and about how to respond quickly and appropriately to such situations.

§ 3. Definitions

1. Child/minor – any person under 18 years of age;

2. Harm to a Child – committing a prohibited or punishable act against a Child by any person, including a Staff member, or endangering the Child’s welfare, including neglect.

Any offences that may be committed against adults may also be committed against Children, as well as offences that may be committed only against Children (e.g. sexual exploitation under Article 200 of the Criminal Code). Due to the nature of tourist facilities, where secluded access can easily be obtained, the offences most likely to occur there are offences against sexual freedom and morality, in particular rape (Article 197 of the Criminal Code), sexual exploitation of insanity and helplessness (Article 198 CC), sexual exploitation of dependence or a critical situation (Article 199 CC), sexual exploitation of a person under 15 (Article 200 CC), and grooming (enticing a minor through means of distance communication – Article 200a CC);

3. Child’s Guardian – a person authorised to represent the Child, in particular a parent or legal guardian. Under these Standards, a foster parent is also a guardian.

4. Staff – a person employed at Molo Park Aparthotel under an employment or civil-law contract, or a member of the organisation.

§ 4. Information policy

1. To obtain information about a Minor effectively and avoid causing uncertainty or concern among hotel Guests regarding the collection of such information and its basis, every employee checking in or serving a Guest at the Facility must inform the Guest of the grounds for collecting this information and of the importance of such measures, including by the Facility, for children’s safety worldwide.

2. In view of the above, it is indicated that:

a) the law requires rules and procedures to be established for identifying Minors staying at hotel facilities. Thus, verifying a Minor’s personal details and relationship with the hotel Guest is introduced as a standard procedure for hotel facilities,

b) from 15 February 2024, Molo Park Aparthotel will identify Minors,

c) introducing rules for identifying Minors serves to prevent harm to children.

3. A visible sign must be placed at the Facility, preferably at or near reception, stating that the Facility cares about children’s safety and applies procedures protecting Minors from harm.

4. The Facility shall also publish information about introducing the Standards on its website and booking portals.

§5. Rules for safe staff relations with children

1. Facility employees must exercise due care to ensure the Minor’s safety.

2. The overriding principle governing all actions taken by Staff is to act for the child’s benefit and in their best interests. Staff treat the child with respect and consider their dignity and needs. Violence against a child in any form is unacceptable.

3. In pursuing these aims, Staff act within applicable law, the institution’s internal rules and their powers. The rules for safe staff relations with children apply to all employees, trainees and volunteers.

§ 6. Identification of a Minor

1. The Minor and their relationship with the Guest shall be identified by the receptionist by:

a) asking to see the Minor’s identity card or other identity document, or a document proving the relationship, e.g. the Minor’s birth certificate, school ID or passport,

b) asking additional questions when checking in the Guest at the Facility, if appropriate and the information provided so far raises staff doubts.

2. If the Guest’s and Minor’s surnames differ, the Guest shall additionally be asked to provide a document confirming their relationship, such as the Minor’s birth certificate, a document confirming a parent’s name change, etc.

3. If the Guest is not the Minor’s parent, the Guest shall be asked to provide:

a) a court decision granting custody of the Minor,

b) consent signed by the child’s parents, stating the child’s details and residential address, the parent’s telephone number, and the identity document number/PESEL number of the person entrusted by the parent with the child’s care, or the parent’s notarised consent for that person to travel with the child.

4. If the above information is not provided or the documents are not shown, the receptionist may ask the Guest for the telephone number of the Minor’s parent or legal guardian in order to contact them and confirm the information obtained from the hotel Guest. The person contacted must also be informed that their personal data are being processed to protect the Minor’s interests, and given the administrator’s details and information about where they can read the full privacy notice.

5. If the Guest refuses to cooperate, the receptionist must inform the supervisor/Facility Director. Before speaking with the minor, the Director shall speak with the adult to obtain the documents necessary for identification and information contained in the documents shown and provided by the hotel Guest or person contacted by phone (in the situation referred to in §6(4) above).

6. The direct supervisor/Facility Director may also ask the Minor about their relationship with the Guest and about their personal details and those of their parents or legal guardians, in a manner that does not cause the Minor discomfort.

7. If doubts persist, the supervisor/Facility Director shall notify the Police, and both the adult and the child should remain under Staff observation until the Police arrive.

8. Making copies, photographs or scans of the documents shown and referred to above is prohibited. A service note or entry in the system or on the Guest registration card is recommended, stating that verification was conducted and recording the Minor’s identification data obtained (see § 7(2) below).

§ 7. Types of the Minor’s personal data collected during identification

1. During identification of the Minor, the child’s personal data are processed to the extent information contained in the documents presented and provided by the Hotel Guest or telephone caller (in the situation specified in §6(4) above).

2. The employee may record and store the following personal data of the Minor:

a) first name,

b) surname,

c) age or date of birth,

d) PESEL number,

e) place of residence,

f) parents’/legal guardians’ details,

g) relationship to the Hotel Guest.

3. The Minor’s personal data shall be recorded on registration cards.

4. If the Minor shows signs of disability or special educational needs, the note referred to in §6(8) of the Procedure may also contain this information.

5. If it is necessary to speak with the Minor, information must be provided in a manner understandable to the Minor and appropriate to their age, including the purpose for which the information is collected.

6. Processing the Minor’s data should not exceed the identification data indicated above where processing is solely for identifying and ensuring the Minor’s safety.

§8. Procedure where circumstances indicate that a child has been harmed

1. If there is reasonable suspicion that a child staying at the Facility is being harmed, the police must be notified immediately by calling 112 and describing the circumstances. Depending on the situation and its dynamics, the call shall be made by the direct witness (employee/supervisor). If an employee makes the notification, they shall also inform their supervisor.

2. Reasonable suspicion that a child is being harmed exists where:

a) the child has disclosed the harm to an employee,

b) the employee has observed the harm,

c) the child has marks of harm (e.g. scratches or bruises) and, when asked, responds incoherently and/or chaotically or becomes embarrassed, or other circumstances indicate possible harm, e.g. pornographic material involving children is found in an adult’s room,

3. In this situation, the child and the person suspected of harming the child must be prevented from leaving the Facility.

4. In justified cases, a citizen’s arrest of the suspected person may be made. Until the police arrive, that person must be kept in a separate room, away from the view of other guests, under the supervision of two employees.

5. The child’s safety must be ensured in all cases. The child should remain in an employee’s care until the police arrive.

6. If there is reasonable suspicion that an offence involving the child’s contact with the perpetrator’s biological material (semen, saliva, epidermis) has occurred, the child should, where possible, be prevented from washing or eating/drinking until the police arrive.

7. After the police take custody of the child, monitoring footage and other relevant evidence (e.g. documents) concerning the incident must be secured and, at the services’ request, copies provided by registered mail or in person to the prosecutor or police.

8. After the intervention, the incident must be described in the incident log or another document designated for this purpose. If the Police or other authorised services are notified, the applicable rules on providing personal data to state services shall apply to the transfer of Guests’ and Minors’ personal data.

§9. Preparing Facility employees to apply the procedure

1. The Facility Director must train Facility employees in applying the Procedure, in particular regarding:

a) the need to respond to and promptly report to a supervisor unusual or suspicious situations in which child harm is suspected,

b) communication with the Minor and prohibited conduct

2. The training referred to above shall be conducted periodically, at least once per quarter.

3. At least every two years, Molo Park Aparthotel shall assess the standards to ensure they meet current needs and comply with applicable laws. The assessment findings shall be documented in writing.

§10. Providing data to the Police

If the Police or other authorised services are notified, the applicable rules on providing personal data to state services shall apply to the transfer of Guests’ and Minors’ personal data.

§ 11. Final provisions

1. At least every two years, the Standards shall be assessed to ensure they meet current needs and comply with applicable laws, and the assessment findings shall be documented in writing.

2. The Standards shall be made available at www.molopark.pl and displayed in a visible place at the hotel reception, in a full version and an abbreviated version intended for minors.

- Information clause – for contacting the parent/legal guardian of a minor pursuant to Article 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals regarding the processing of personal data and the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”), in connection with receiving your personal data as the parent or legal guardian of a child staying at one of our facilities, we hereby inform you that:

1. In connection with the above, the controller of your personal data shall be Molo Park Mielno Sp. z o.o., ul. Dworcowa 29, 76-031 Mścice, NIP 4990676594. All information on privacy and personal-data protection is available on request at the hotel reception or at: /polityka-prywatnosci

2. The contact person for all matters concerning personal-data processing and exercising related rights is the Data Protection Officer, who can be contacted at rodo@molopark.pl

3. Your personal data are processed for at least one of the following purposes: under Article 6(1)(c) GDPR, as necessary to comply with a legal obligation imposed on the Controller, in particular to exercise rights under the GDPR and consumer rights; a) under Article 6(1)(d) GDPR, to protect the vital interests of the minor child staying at the facility, of whom you are the parent or legal guardian, where there is doubt whether the child is staying at the hotel with your consent and knowledge; b) under Article 6(1)(f) GDPR, to pursue the Controller’s legitimate interests, including establishing, defending and pursuing claims; 4. The Controller processes the following categories of personal data: first name, surname, PESEL or passport number (if the Controller received documents containing them from a Hotel Guest staying with a minor child), correspondence address, telephone number and email address.

5. You have the right to exercise the rights listed below under the terms set out in Articles 15–22 GDPR; the full privacy policy is available at www.molopark.pl/polityka-prywatnosci