Privacy Policy & Terms of Use

Effective:   March 03, 2022

  1. Introduction

This Privacy Policy outlines how we collect, use, protect, and disclose personal information within our digital archive of war art created by children. We are committed to ensuring the privacy and security of the users of our platform. By accessing or using our website or services, you agree to the terms of this Privacy Policy.

  1. Information We Collect

MISW is not responsible for the accuracy of information provided by the legal representatives of the project participants, does not collect and process personal data of legal representatives and participants of the manifestation collage, or check documents certifying the identity of an individual – legal representative and participant of the manifestation. We may collect the following types of personal information from participants who submit their artwork to the archive:

  • First Name only, age, city, country, and contact information (email address only)
  • Artwork submissions and related descriptions
  • User-generated content, such as comments or testimonials
  • Any additional information voluntarily provided by users

Creative works accepted by the MISW are for display purposes and may be drawings, posters, fairy tales, poems, essays, and any other works made in different directions and techniques, submitted for participation in the form of photographs or physical items.

 

  1. Use of Personal Information

We use the collected personal information for the following purposes:

  • Curating and displaying the artwork within the digital archive
  • Communicating with users regarding their submissions, inquiries, or updates
  • Improving and enhancing the user experience of our platform
  • Conducting research or analysis to understand trends and preferences
  • Sending newsletters, updates, or promotional materials with user consent
  • Complying with legal obligations and enforcing our Terms of Service

 

  1. Copyright

The number of works submitted by one participant is not limited. The work can be performed both independently and in co-authorship and should not violate the rights and interests of others, including copyright, the right to privacy, norms of public morality and so on. The copyright of all displayed artworks remains with the child artists. Displaying the artwork in our Museum does not constitute a transfer of copyright.

 

  1. Protection of Personal Information

We are committed to the utmost protection of the personal information entrusted to us. Any data collected will be securely stored and used only for the purposes stated at the time of collection. Visitors will be given the option to opt out of data collection where possible. To enhance the security and integrity of the digital archive, we have implemented additional measures, including storing the collection on the blockchain. The use of blockchain technology provides tamper-proof and decentralized storage, ensuring the safekeeping of the artwork and personal information contained within the archive. This helps mitigate the risks associated with unauthorized access, alteration, or deletion of data. However, while blockchain technology enhances security, we still employ other industry-standard safeguards to protect against potential vulnerabilities.

 

  1. Right to Erasure

Upon request from a child or their legal guardian, we will remove the child’s artwork and personal data from our records and displays provided the participant gives proof of authorship.

 

  1. Sharing of Personal Information

We do not sell, trade, or rent users’ contact information to third parties. However, we intend to use the first name only, age, city, and country of those whose artwork is accepted as part of the archive. If a participant does not want this information shared with those that view the archive, they need to contact us to make special arrangements.

 

  1. Cookies and Tracking Technologies

We may use cookies and other tracking technologies to enhance user experience and collect usage data. Users can adjust their browser settings to manage cookie preferences.

 

  1. Third-Party Links

Our platform may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these external sites. Users should review the privacy policies of such websites before providing any personal information.

 

  1. Children’s Privacy

Protecting the privacy of children is of utmost importance to us. Collecting personal information from individuals under the age of 18 is only done with verifiable parental consent. The legal representatives of the authors of creative works shall indicate in the application for participation information about the author of the creative work, their age and the name of the place of residence, and a photograph of the creative work. It is allowed to use a pseudonym or keep anonymous instead of providing the author´s name.

 

  1. Restriction on Use by Outside Artificial Intelligence (AI) Firms

Outside AI Firms or any other third-party entities are explicitly prohibited from using the digital archive of war art created by children for any purpose without prior written consent from the administrators of the archive. This restriction includes but is not limited to, reproduction, distribution, public display, or any commercial exploitation of the artwork and related information contained within the archive. Any unauthorized use of the archive by Outside AI Firms or third parties will be subject to legal action and may result in civil or criminal penalties as permitted by applicable laws.

Please note that this provision is subject to the specific requirements and legal considerations of your jurisdiction and should be reviewed by legal professionals to ensure compliance with relevant regulations.

 

  1. Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

 

  1. Contact Us

For any questions, concerns, or requests related to this Privacy Policy or the handling of personal information, please contact us at contact@misw.org By using our digital archive of war art created by children, you acknowledge that you have read, understood, and agreed to this Privacy Policy.

Terms of Use

  1. General provisions

 1.1 This Regulation defines the procedure for participating in the creation of a collection of children’s drawings for the digital museum “Mom, I See War”.

“Mom, I See War” is a digital museum that documents the real experience of war through the artwork of children who have faced it

The museum’s mission is to demonstrate through digital galleries, as well as AR and VR exhibitions, a new world view of war through the eyes of children who experience it and to perpetuate its importance; to enable people to realize the consequences of military conflicts and wars, and most importantly: to choose peace in order to change the future of children living in military conflict.

 

The collection of children’s drawings for the digital museum “Mom, I See War” will be collected, created and supplemented in order to record and preserve in world history the creative reflection of children’s views on events taking place both in Ukraine and in other countries where wars are ongoing.


​       1.2. The organizer of the creation of the digital museum “Mom, I See War” is the California non-profit organization Mom I See Foundation (hereinafter referred to as the Organizer).
​The partner of the Organizer is the public organization “Initial Token Offering Laboratory. Ukraine”, as well as other individuals and legal entities that have expressed a desire to join the project in order to contribute to the achievement of the main objectives of the project.


​     1.3. Participants wishing to participate in the creation of a collection of children’s drawings for the digital museum may be individuals – citizens of Ukraine – under the age of 18 (hereinafter referred to as Participants), who participate exclusively through their legal representatives.

Creative works by project participants – children under the age of 18 who are not citizens of Ukraine or do not reside on its territory – may be used on the project’s information resources (but do not become part of the collection) as a sign of solidarity with Ukraine in the fight against the Russian invader, as well as other actors who manifest military aggression. 

         1.4. The creative works accepted by the Organizer to create a collection of children’s drawings for the digital museum may be drawings, posters, fairy tales, poems, essays and any other works made in different directions and techniques, submitted for participation in the form of a photograph of the creative work, which may be accompanied by comments and quotes from the authors of the creative works.


​    1.5. The main objectives of the project to create a collection of children’s drawings for the digital museum are:

​-  collecting photos of artworks from Ukraine and any other country in the world;

​- creating an online photo gallery of creative works “Mom, I See War” on the project’s ​ social pages and website and other information resources in cooperation with the organizer’s partners;

​- digitizing photos of artworks into a single manifesto collage using blockchain ​technologies, namely creating an NFT token for sale at a digital artwork auction;

​- to tell the ​whole world about the events, emotions and feelings of children in Ukraine and other countries that were caused by the declaration of martial law in Ukraine and the full-scale invasion of the Russian Federation into the territory of Ukraine by holding a public display of both individual photographs of creative works and a ​single manifesto collage, both offline (in Ukraine and foreign countries) and in the online gallery of the Project Organizer, as well as in the creation of information materials (catalogs, collections, printed publications, etc.) about the manifesto collage, in both visual and audiovisual forms, etc;

​- allocating the ​funds received from the sale of the NFT token of the manifesto collage “Mom, I See War” to meet the needs of children, as well as to provide them with the necessary assistance under martial law and/or during the period of termination of martial law in Ukraine, but not earlier than after the sale of the NFT token of the manifesto collage.

– the platform receives charitable contributions, donations, etc. and uses them to meet the needs of children and provide them with the necessary assistance during martial law and/or the period of termination of martial law in Ukraine.


​            2. Conditions of participation and requirements for creative works


​     2.1. Persons under the age of 18, regardless of their level of education, acquired specialty, etc., who participate exclusively through their legal representatives, are invited to participate in the creation of a collection of children’s drawings for the digital museum under the conditions specified in this Regulation.


​  2.2. The collection of photographs of creative works to create a collection of children’s drawings and other works that are not part of the collection for the digital museum “Mom, I See War” begins on October 1, 2023 and will continue until the official announcement of completion by the project organizers. 

​The drawings are collected through the official resource of the organizer “misw.org” by following the sequence of actions specified by the Organizer on the website. 

The collection of artworks consists of photographs of artworks collected as part of the “Mom, I See War” charity project since March 3, 2022, and photographs of artworks sent since October 1, 2023, the official launch of the campaign to collect photographs of artworks for the collection of the “Mom, I See War” digital museum.


​     2.3. To participate in the creation of a collection of children’s drawings for the digital museum, the legal representatives of the authors of creative works take photos of creative works and send them to the Organizer by the means of communication specified on the official resource of the Organizer “misw.org

Information about the termination of the collection of photos of creative works will be posted additionally on the project ​website, as well as on the project’s pages on social networks.


​         2.4. The legal representatives of the authors of creative works shall indicate in the application for participation information about themselves as legal representatives (surname, patronymic), the author of the creative work, his/her age and the name of the settlement in which he/she lives, and a photo of the creative work and/or a comment, a quote from the author of the creative work. It is allowed to use a pseudonym instead of the author’s name or to remain anonymous.

  In this case, along with the photograph of the creative work, the legal representative shall send a consent to the use of the photograph of the creative work.

  “I, __(full name), as the legal representative of the child who sends the photo of the creative work, having read the terms of the Regulations on participation in the creation of a collection of children’s drawings for the digital museum “Mom, I see war”, hereby give permission to the Charitable Foundation “Mom, I See War” Charitable Foundation to include a photograph of my child’s creative work (including reproduction of the image contained in the photograph) in the collection of the said digital Museum, and also grant a non-exclusive license to use the submitted photograph of the creative work free of charge, in the ways specified in paragraph 2.6. during the entire term of validity of the property rights to the work in the territory of any country of the world, subject to other terms of use specified in this Regulation.

   Contacts for feedback phone/email, signature.”  

 

  2.5. The number of works submitted by one participant is not limited. The work can be performed both independently and in co-authorship and should not violate the rights and interests of other persons, in particular the right of authorship, the right to privacy, norms of public morality, etc.

 

  2.6 By participating in the creation of a collection of children’s drawings for the digital museum, the legal representatives of the participants grant a non-exclusive license (permission) to use the submitted photograph of the creative work free of charge, throughout the entire period of validity of property rights to the work in any country of the world by the following means: ​

– posting photos of artworks on the Internet, comments or quotes from the authors of artworks for public display in a virtual gallery on the website of the digital museum “Mom, I See War,” on the project’s social media pages, as well as on the information resources of the project partners;

– editing photos of creative work using digital methods;

– storing photos in distribution registers, using blockchain and other digital technologies;

– Indication of the name of the author of the creative work, his/her age and the name of the settlement in which he/she lives;

– public display and use of photographs of creative works, comments or quotes from the authors of creative works at public events and exhibitions related to the project in a way that is technically possible for a particular venue, in particular by printing posters, photographs, boards, stands or in another way using digital technologies and equipment;

– inclusion of photographs of creative works, comments or quotes by authors of creative works in information materials, collections of creative works, catalogs, magazines, books and other publications presented in both digital and printed formats, both in visual and audiovisual form;

– digitizing photographs of creative works, comments or quotes from the authors of creative works into a single manifesto collage using blockchain technologies and creating an NFT token for sale at a digital works auction;

– use of NFT tools and other approaches to digitize works with the subsequent possibility of their sale in order to raise charitable resources for the foundation’s programs;

– placement and sale of creative work as part of a manifesto collage digitized using blockchain technology as an NFT token.

– creation of derivative works, 

– combining photographs of creative works, individual elements depicted in them, into collages or any derivative works;  ​

– use of images of photographs of creative works or their individual elements, both independently and in combination with other images, in the production and distribution of any goods, in the performance of works, and in the provision of services for independent economic purposes;

– use of images of photographs of creative works or their individual elements, either independently or in combination with other images, to collect donations, charitable contributions, etc.

 

  2.7. By participating in the creation of a collection of children’s drawings for the digital museum, the legal representatives agree that when using photographs of creative works, only information about the author of the creative work is indicated. The organizers do not indicate information about the person who took the photo of the creative work when using it in the ways specified in clause 2.6. By submitting photos to participate in the project, the persons who took them agree to use them in the ways specified in clause 2.6.


​   2.8. When using photographs of creative works, the Organizer of the collection of children’s drawings for the digital museum undertakes to respect the personal non-property rights of the participant – the author of the creative work and to indicate the name, age and name of the locality where the author lives, provided that such information is provided by the author’s legal representative.


​   2.9. By participating in the creation of a collection of children’s drawings for the digital museum “Mom, I See War”, the legal representatives of the participants grant the Organizer and the Organizer’s Partners non-exclusive property rights to use the photograph of the creative work in the ways specified in clause 2.6 for the entire term of validity of intellectual property rights in all countries of the world.


​     The legal representatives of the participants undertake to comply with the requirements of these Regulations and by submitting the author’s work to participate in the project to create a collection of children’s drawings for the digital museum “Mom, I See War” automatically agree to the terms of participation specified in these Regulations.


​      3. Selection of creative works for participation


​  3.1. The works submitted for participation in the creation of the collection of children’s drawings for the digital museum “Mom, I See War” are evaluated according to the following criteria:

​- relevance to ​the theme of the Mom, I See War project;

– compliance with the ​norms of public morality, requirements of the current legislation regarding the compliance of the content of works with the rights and interests of individuals, legal entities and Ukrainian society;

​- compliance with other conditions specified in this provision.

 

      If the submitted work does not meet the stated conditions, the Organizer has the right to decide at a meeting of the commission established by the Organizer’s decision not to allow the work to participate in the project.


​  3.2. If the submitted works meet the established criteria, they become an element of the collection of the digital museum “Mom, I See War”, an online photo gallery of creative works on the project pages on social networks, on the project website of the Organizer and/or the Organizer’s Partners, and can also be used by the Organizer, Organizer’s Partners in any public screenings, exhibitions that may be organized offline both in Ukraine and in other countries to illustrate the story of the events that took place in Ukraine since February 24, 2022 through the eyes of children and the emotions experienced by children of Ukraine and children of other countries of the world when they learned about the war in Ukraine.


​            4. Information about the project implementation


​    4.1. Information on the digitization of the creative works of project participants will be posted on the project website and project pages on social networks and/or on the websites of project partners involved in its implementation.


​       4.2 Information about projects that require funding to meet the needs of children and provide them with the necessary assistance under martial law and/or during the period of termination of martial law in Ukraine will be published on the project website and project pages on social media.

  1. Other conditions


​       5.1. The organizers of the digital museum project are not responsible for the accuracy of the information provided by the legal representatives of the project participants, do not verify the identity documents of the individual – legal representative and participant.


​      5.2. The organizers do not check the work, commentary, quote of the author of the creative work for its originality and indicate when publishing the work the information provided by the legal representatives of the participant about the author, namely: the name, age of the author of the work and the name of the settlement in which the participant lives.


​     5.3. The Organizers reserve the right to select photographs of creative works and decide to reject an application for participation in the project to create a digital museum of photographs of creative works based on the decision of the relevant commission established by the Organizer, if the work contradicts the legislation on the protection of public morality, violates the rights and interests of an individual, etc.

 

  5.4. By registering, the participants declare that they consent to their personal data being processed and used by the Organizer for the purpose of publicity, awarding of acknowledgements without prejudice to their image or rights, as well as for further promotion activities. The Organizer undertakes to comply with all provisions of the European Regulation on Personal Data Protection and the protection of stored personal data. Participants have the right to access, intervention, rectification and portability of the personal data provided, as well as the possibility to limit the completed processing of the data and even to request its deletion. Such requests should be addressed to the Organizers.

   5.5. We undertake to take a responsible attitude to the organization of data storage and processing and support the principles of Ukrainian data protection legislation. We undertake to respect the confidentiality of our users and the confidentiality of all personal data we receive from participants. During the registration process, participants provide some personal information. The information provided by the participant will not be available for sale or use by third parties. The information will be used solely for the purpose of creating the digital museum and notifying the participant of changes or additions to the Terms of the contest.