REGULATIONS OF THE CASES HANDLING MODULE
Cases Handling Module – CHM is an internet portal allowing an employee to prepare, fill out and submit an online application regarding matters related to residence and providing him or her with the necessary knowledge on migration procedures.
Please read the regulations before starting to use CHM. It explains the manner and the principles of operation, as well as contains important information regarding the use of personal data and the safe use of the portal.
I. DEFINITIONS
The terms stated in the Regulations with capital letters shall have the following meaning:
Website – a group of interconnected web pages including all the other files shared from the same domain address.
Cases Handling Module Portal, CHM Portal, Portal – an internet portal intended to generate and manage Applications on matters related to residence online, containing informational content related to migration procedures.
User – a natural person with an Account registered in the Portal.
Account – a set of features identifying a User, allowing access to the Portal functions.
Application – a declaration of a User regarding his or her rights or obligations mentioned in the Act of 12 December 2013 on Foreigners or in the Act of 13 June 2003 on Granting Protection to Foreigners within the Territory of the Republic of Poland.
An Active PDF Form – an active document in the form of a PDF file to be filled out, printed and filed by the User at the specific institution.
Contact Form – an electronic form used for communicating cases regarding to the functioning of the CHM Portal.
Registration Form – an electronic form used to register in the Portal and set up an Account.
Application Form – a form filled out by a User, submitted from MOS in electronic form and printed in form compliant with the template of an official administrative document.
Stay System – an IT system used for managing the national collection of records, registers and a list in cases regarding foreigners referred to in Article 449 of the Act of 12 December 2013 on Foreigners.
Head of the OfF – the Head of the Office for Foreigners.
Office for Foreigners – a government administration office through which the Head of the Office for Foreigners carries out his or her tasks.
GDPR – 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).
Data Controller – a Data Controller referred to in Article 4 item 7 of the Regulation specified in item 13.
Regulations – these Regulations specifying, in particular, the principles governing the Cases Handling Module Portal and the scope of responsibilities of the Users.
II. THE PRINCIPLES OF FUNCTIONING AND USING THE CASES HANDLING MODULE PORTAL
The operator and the Data Controller of the Portal is: The Head of the Office for Foreigners, ul. Koszykowa 16, 00-564 Warsaw.
The Portal is intended for voluntary, free of charge use.
The user may be a natural person over the age of 18. A User is permitted to register an Account for himself or herself or for another person for whom the User acts as a legal representative. An account of a minor is going to hold the personal data of the minor as well as his or her legal representative.
An Account may be registered for a single legal person only.
Setting up an Account and using the functions of the Portal requires providing the personal data of the User indicated in the Registration Form and accepting the Regulations and the Privacy Policy. User’s Account is going to be activated through an activation link submitted via e-mail. An Account which is not going to be activated during the validity of the activation link is going to be automatically deleted.
Generating an Application requires filling out the optional and mandatory fields available in the Active PDF Form or the Application Form. The Application can be printed after generating the Application using the Active PDF Form.
Submitting the Application does not constitute submitting the Application on granting the approval for residence within the meaning of the Polish law, i.e., it does not mean the factual (physical) submission of the form.
Applying for an approval for stay requires printing out an Application from the CHM after it is filled out and approved, filling out a part of the boxes by hand after printing, signing the application and a pre-scheduled, personal appearance at the appropriate Voivedship Office in order to submit the application along with the required appendices and the required documents.
In the event that the person who submitted the Application to CHM fails to appear in person in the appropriate body after the submission date, the Application is automatically deleted. An information about the rejection of the Application is going to be returned to the Portal.
In the event that the Head of the Office for Foreigners finds out that the details provided for the registration in the Portal are false or erroneous, he or she shall have the right to block the Account until the case is settled and to request the User to immediately remedy the irregularities.
The Head of the OfF reserves the right to introduce pauses in the functioning of the CHM Portal required to carry out the activities required to ensure its proper functioning.
Subject to item 11, the CHM Portal is available at the following address https://mos.cudzoziemcy.gov.pl/ 24 hours per day, 7 days per week.
Using the portal requires:
- having Internet access,
- having an individual e-mail address,
- using a web browser accepting cookie files.
The Head of the OfF does not cover the costs of meeting the requirements specified in item 13.
In the event of discovering a case of a User’s violation of the Regulations, the Head of the OfF shall have the right to block the Account immediately as well as – if required by the law – to notify the appropriate bodies about such violation.
III. OBLIGATIONS. RESPONSIBILITY
The User shall be obliged to use the Portal in a manner compliant with the applicable law and the Regulations.
The user shall be obliged to maintain confidentiality of the User name and password required to log into the Portal. Logging to the User’s Account requires stating the login and password. An e-mail address cannot be used as a login. A password must contain at least 3 out of 4 groups of characters (upper case letters, lower case letters, digits, special characters). Entering an incorrect password three times is going to result in a temporary lock of the Account.
The User shall be responsible for providing an incorrect e-mail address which he or she cannot access or belonging to another party as well as for the consequences thereof.
Using the CHM does not waive the User’s legal obligations. Collecting the data of other Users, using or publishing such data are subject to legal restrictions resulting, among others, from the legal provisions for the protection of personal data, personal interests and privacy.
The provisions on personal data processing using CHM are contained in section IV of the Regulations.
Using accounts of other Users shall be prohibited. This shall exclude cases of Accounts for minors managed by their legal representatives.
It shall be prohibited to publish content that is illegal, derogatory, untrue, offensive, violating the law, promoting violence, contrary to principles of morality, violating the right to property, copyrights or any other rights of entities or third parties on the Portal.
Prior to logging in to the Account, the User shall confirm if:
- the computer he or she uses has installed anti-virus software with the current database of viruses and an active firewall,
- the operating system and the web browser have the required updates,
- the login page starts with the https prefix indicating the use of an encryption protocol responsible for the security of the connection,
- if the browser window displays a padlock icon indicating that the session is SSL-encrypted.
A user should not log in from a computer shared with third persons.
When using the Portal, please pay attention to the messages displayed in the web browser window, in particular related to the existing hazards.
Log out after finishing using the Portal.
Please maintain particular care when logging in through a link to a website address received through e-mail, an internet communicator or a social network site.
The Head of the OfF shall not be responsible for the lack of access to the Portal due to reasons beyond his or her control.
The Head of the OfF shall not be responsible for losses suffered due to an activity in violation of the Regulations, actions or omissions of the Users or actions or omissions of third parties.
The Head of the OfF shall not be responsible for disruptions in the functioning of the Portal caused by Force Majeure, a failure which did not occur at the Head of the OfF, an unauthorised interference in the Portal by a User or a third party.
The Head of the OfF shall not be responsible for viruses or malicious software.
IV. PRIVACY AND PERSONAL DATA PROTECTION
The Data Controller for the personal data processed at the Website in connection with the performance of the terms of these Regulations is the Office for Foreigners, ul. Koszykowa 16, 00-564 Warsaw. Personal data is processed for the purposes, in the scope and on the basis of the grounds and principles indicated in the privacy policy published at the Portal. The Privacy Policy contains primarily the principles related to the processing of personal data by the Data Controller, including the basis, aims and the scope of processing personal data and the rights of data subjects, as well as information within the scope of using cookie files and analytical tools. The use of CHM is voluntary.
By using the Portal, the User grants his or her consent to store cookie files at his or her end device. The User shall have the right to manage these files (blocking or using) through the settings in the internet browser.
By Using the Portal, the User grants his or her consent for submitting the personal data provided in the Application Form to the body competent for processing the Application.
All (successful and failed) attempts at logging in to the Account are registered.
All the actions performed after logging into the Account are registered (User’s activity logs), including the information on submitting the declaration on acceptance of the Regulations.
CHM Portal is entirely protected by copyright, intellectual property rights as well as other relevant provisions of the generally applicable laws.
V. FINAL PROVISIONS
The Regulations shall enter into force upon publishing.
The Regulations may be downloaded, saved and printed out.
Matters not regulated by these Regulations shall be governed by the applicable regulations, including the Act on Foreigners, the Act on Granting Protection to Foreigners within the Territory of the Republic of Poland, Civil Code.
The Regulations may be amended from time to time. The User shall be informed of potential amendments with a relevant message.
Information posted on the MOS portal does not constitute a source of law. Authors have taken due care to ensure that it complies with the applicable regulations. In case of identifying any non-compliance, please inform the relevant authority. Information in Polish, may differ from the information in foreign languages. Due to the extent of the translations and the nature of the content, updates in foreign languages will be published with a delay.
Information relates to typical cases that may occur frequently and may not be fully applicable to individual cases. Depending on the specific case, the number and type of documents that may be requested by the administrative authorities in the course of the proceedings may differ from those provided. In case of doubt, please contact the voivode responsible for the matter in question, or any other authority as appropriate.