The public offer to provide a charitable donation
This offer is addressed to indefinite circle of physical and legal entities (hereinafter ‘Benefactor’) – visitors and registered users of CHARITY FUND ‘BLAGOMAY’ website, in Internet network: www.charitymay.com (hereinafter – Website), and is official and public offer of CHARITY FUND ‘BLAGOMAY’ ( identificational code of legal entity 38010057), represented by the Head of the Board Skrygina Tatiana Yurievna, acting under the Charter, to conclude an agreement on charitable donations (hereinafter – Agreement), subject and essential conditions of which are indicated below:
1. Terms and definitions:
Public Offer – valid Funds’ offer, placed on the Website, to provide charitable donations addressed to the general public, including Benefactor.
Acceptance – the full and unconditional acceptance of the Public Offer by taking actions to implement the money transfer using payment forms and means, posted on the Website, as well as by transferring funds to the account of the Fund via banking institutions. Moment of acceptance is the date the funds are credited to the bank account of the Fund.
Charitable donation – Benefactor's gratuitous transfer of funds to the ownership of the Fund, in order to achieve certain pre-specified purposes of charitable activities, in accordance with the Treaty and Law of Ukraine "On Charity and Charitable Organizations."
2. Subject of the Agreement:
The subject of this agreement is the gratuitous and voluntary transfer of funds by Benefactor to the ownership of the Fund by proceeding with voluntary donations to exercise the statutory activities of the Fund, including (not exclusively) in providing charitable assistance to the Fund in the form of social protection, social security, social services, guardianship and custody, legal representation and legal aid to orphanages, family-type orphanages, children's homes-orphanages, centers for social and psychological rehabilitation of children, etc., children being in orphanages, children's homes-orphanages, centers of social and psychological rehabilitation of children in family-type orphanages, etc., orphans and children deprived of parental care.
Benefactor independently determines the size of a charitable donation.
The subject of this Agreement is not to obtain, directly or indirectly, any profit from the parties.
3. Offer acceptance means that Benefactor agrees with all of its provisions, he is familiar with the Charter of the Fund, which is available in electronic form on the Website of the fund, he fully understands and agrees with the subject of the Agreement with a view to a public collecting of donations, and with the right of the Fund to use the of part Charitable Benefactor donations for administrative expenses of the Fund, in the amount not greater than is provided by the legislation of Ukraine.
4. Benefactor and the Fund, guided by Art. 207, part 2. 639, Art. 641, 642 of the Civil Code, Art. 7 of the Law of Ukraine "On Charity and Charitable Organizations", agree that since the Acceptance Agreement is considered concluded in writing. The Parties agree that the failure to comply by the parties the written form of of the deal does not entail its invalidity.
5. Rights and obligations of the Fund:
5.1. The fund has s right to:
- To receive Charitable donations and use them in accordance with the object and conditions of this Agreement.
- Upon agreement with the Benefactor to change directions of donations use.
- Without the consent of the Benefactor use part of donations for administrative costs of the Fund, in the amount not greater than is provided by the legislation of Ukraine.
5.2. The Fund is obliged:
- To post reports on the use of donations annually in electronic form on the Website;
- In the case of donations are beeing used contrary to the objectives of the Agreement, to return funds to Benefactor at his written request.
6. Benefactors’ rights:
- Exercise control over the use of a charitable donation;
- In accordance with the law to change the beneficiaries (recipients) of a charitable donation in case of infringement of targets, timetables and how to use such donations or its part in accordance with the terms of this Agreement.
7. Venue of public fundraising:
Public fundraising is held on the territory of any country in the world. Direct activities of the Fund relating to the public fundraising under the Agreement is made at the location of the Fund.
8. Term of fundraising:
Public fundraising lasts until the liquidation of the Fund, unless another period will be determined by the Fund.
9. The procedure for using charitable donations:
Using collected under the Agreement Charitable donations is made according to the objectives of the charitable activity of the Fund. The Fund manages charitable donations at its own discretion. Charitable donations received by the Fund may be returned to the Benefactor only in cases stipulated by the legislation of Ukraine. Responsibilities of parties for breach of this Agreement or of the order of charitable donations use - are stipulated by the applicable legislation of Ukraine.
10. Benefactor or authorized persons have the right to exercise control over the use of a charitable donation, including in favor of third parties.
11. Changing goals and how to use charitable donations is possible with the consent of the Benefactor or its successors, as well as on the basis a court judgment or in other cases specified by law.
12. Procedure for sharing the financial statements of the Fund:
Access to the financial statements of the Fund is carried out by placing them annually by the Fund on the Website in electronic form.
Other information submitted by the Fund in the manner and within the time stipulated by the legislation of Ukraine.
13. All expenses for the payment of the sums (commissions) related to the transfer and enrollment of donations are carried by the Benefactor.
14. Benefactor through Acceptance confirms that he has read and agrees to the terms of Annex № 1 to this Agreement for the collection and processing of personal data.
15. Benefactor agrees that after providing the information about himself during the implementation of charitable donations, subscriptions to news of the Fund or registering for the Website by e-mail or telephone number of the Benefactor - the Fund may send letters and messages, including advertising, and moreover the Fund has the right, without the consent of a Benefactor, post on the Website or in any media surname, name and patronymic name or Benefactor as the Funds'Benefactor . However, the Fund will not share your email address and other information about the benefactors with the third parties.
Annex № 1
To the agreement of donations
Concluded by Benefactor with
For personal data processing
By the Acceptance of public offer to provide a charitable donation, placed on the Website of CF "BLAGOMAY" on the Internet: www.charitymay.com in accordance with the Law of Ukraine "On Personal Data Protection" as of June 1, 2010, № 2297-VI, I give my consent to CF " BLAGOMAY " (hereinafter - the Fund) on the handling and use of my personal data, in the order established by the Fund (name of the base: CF "BLAGOMAY ") to implement relations in the field of charitable activities, to attract individuals to the charity in accordance with the Fund's charter and laws of Ukraine in the amount, necessary for the implementation of the processing of personal data target.
In addition, I give my consent that my personal data can be transmitted / spread / disclosed (including its further processing and use) in connection with the implementation of competence in the field of charitable activity between me and the Fund to third parties.
Besides, I agree that my personal data may be given access to third parties upon request, if specified persons take commitments to ensure that the requirements of the Law of Ukraine "On Personal Data Protection", in the manner prescribed by Art. 16 Law of Ukraine "On Personal Data Protection".
I undertake when my personal data changes - to provide as soon as possible CF "BLAGOMAY " the updated information and submit originals of the relevant documents to update my new personal data in the database of personal data partners.
By Acceptance of the public offer to provide a charitable donation, placed on the Website of CF "BLAGOMAY " on the Internet: www.charitymay.com, I confirm that I received a message on the inclusion of personal data in the database of personal data (name of the base: CF "BLAGOMAY" with aim to implement relations in the field of charitable activities, to attract individuals to charity in accordance with the Fund's charter and laws of Ukraine, as well as information about my rights, the Law of Ukraine "On Protection of personal Data", and third parties , to whome my data is provided in order to perform the specified purpose, in compliance with the Law of Ukraine "On Protection of personal Data".
on including personal data in the database of personal data
CF "BLAGOMAY" reports that you have provided personal data included in the partners database of personal data in oredr to implement relations in charitable activities, attracting individuals to Charity in accordance with the Charter of the Fund and laws of Ukraine According to Art. 8 of the Law of Ukraine "On Protection of Personal Data" data subject has the right to:
1) be aware of the location of a database containing personal data, its purpose and name and location of the owner or manager;
2) receive information on the conditions for granting access to personal information, including information about third parties that are provided with personal information contained in the database of personal data;
3) access to their personal data contained in the relevant database of personal data;
4) receive no later than 30 calendar days from receipt of the request, except for cases stipulated by law, the answer if personal data is stored in the corresponding database of personal data, as well as receive content of stored personal data;
5) submit a reasoned request with the objection to the processing of personal data by public authorities, local governments in exercising the powers stipulated by law;
6) submit a reasoned request for the modification or destruction of personal data to any owner and manager of the database if the data processed illegally or is unreliable;
7) protect its personal data against unlawful processing and accidental loss, destruction, damage due to willful concealment, failure or untimely submitting, as well as providing protection from the information that is unreliable or discrediting the honor, dignity and business reputation of individuals;
8) apply for the protection of the rights of personal data to state authorities, local authorities, the powers of which include the implementation of personal data protection;
9) apply remedies in case of infringement of of the legislation on protection of personal data.
Please also be advised that according to Art. 2 Law of Ukraine "On Personal Data Protection" processing of personal data - is any action or set of actions carried out wholly or partly in the information (automated) system and / or personal data files that are associated with the collection, recording, accumulation, storage, adaptation, change , update, use and dissemination (distribution, sales, transfer), loss of identity, destruction of information about an individual.