This Public Offer for Charitable Assistance (hereinafter referred to as the Offer) is aimed at individuals (hereinafter referred to as the Benefactor) and is a public proposal of the International Charitable Foundation "AMERICANCE OF HOPE", represented by President Maria Yaremchuk, acting on the basis of the Statute (hereinafter - the Organization). enter into an agreement to provide charitable assistance on the following terms:
1. Concepts and definitions used in the Treaty
Public offer (and / or Offer) is a valid offer of the Organization, posted on the website https://oberih.org.ua/ for charitable assistance, aimed at an indefinite number of individuals.
Acceptance - full and unconditional acceptance of the Offer by making actions aimed at making a money transfer using payment forms and funds posted on the website of the Organization, and by transferring funds to the current account of the Organization through banking institutions.
The offer is considered accepted from the date of crediting funds to the current account of the Organization.
Charitable assistance - gratuitous transfer of funds by the Philanthropist to the Organization for further use and achievement of the Organization's goals defined by the Charter or programs of the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Charter and this Agreement.
A philanthropist is an able-bodied individual who voluntarily provides one or more types of charitable assistance. For the purposes of this Agreement, the Benefactor is an individual who has accepted the Offer.
2. Subject of the Agreement
The subject of this Agreement is the voluntary transfer of funds by the Philanthropist to the Organization through the implementation of Charitable assistance to ensure the statutory activities of the Organization, including the provision of charitable assistance by the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations".
The philanthropist independently determines the amount of charitable assistance. The performance by the parties of this Agreement is not intended to make a profit or any benefit to either party.
3. Acceptance
By accepting the Offer, the Benefactor states that he agrees with all the terms of the Offer, understands and agrees that the Charitable Assistance will be used to achieve the goals set forth in the Charter of the Organization, which he can read by sending a request to https://oberih.org .ua /
In addition, by accepting the Offer, the Benefactor is fully aware of and agrees with the subject of the Agreement, the goals and objectives of the public fundraiser.
The Parties agree that from the moment of acceptance of the Offer, this Agreement is concluded in writing in accordance with Articles 207, 639, 641 and 642 of the Civil Code of Ukraine and Articles 6 and 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". In this case, the parties agree that after the Acceptance of the Offer, failure to enter into this Agreement in the form of a separate document does not entail the invalidity of this Agreement.
4. Rights and responsibilities of the Organization.
- receive Charitable assistance and use it in accordance with the subject and terms of this Agreement and its statutory activities;
- to use part of the Charitable assistance for the administrative expenses of the Fund in the amount not exceeding the Law of Ukraine "On Charitable Activities and Charitable Organizations".
The organization is obliged to:
- annually, in electronic form, report on the use of charitable assistance by posting relevant information on the website budvdele.org;
- to use the received donations exclusively for achievement of the purposes provided by the Charter of the Organization.
5. Rights of the Philanthropist
The philanthropist has the right to:
- to control the use of the Charitable Donation Organization for its intended purpose.
6. Place of public fundraising
Public fundraising of the Charitable Donation is carried out on the territory of any state of the world. The direct activity of the Organization related to the achievement of the goals provided by the Charter of the Organization is carried out on the territory of Ukraine.
7. Term of fundraising
Public fundraising continues until the termination of the Organization (including by liquidation), unless otherwise specified by the decision of the organization, which the Benefactor will be notified by posting relevant information on the website https://oberih.org.ua/
8. Procedure for using Charitable assistance
The use of Charitable Assistance is carried out in accordance with the objectives set by the statutory activities of the Organization and current legislation of Ukraine, in particular the Law of Ukraine "On Charitable Activities and Charitable Organizations". The Organization uses Charitable Donations in accordance with its statutory activities and programs of the Organization. Charitable donations received by the Organization may be returned to the Benefactor only in cases provided by the legislation of Ukraine and this Agreement.
In case of non-implementation of the project or in the presence of donations, the funds sent by the Philanthropist for charitable needs are not returned to the Philanthropist, but are redistributed by the Organization independently within the statutory activities.
After the donation of funds to the need, the Philanthropist will not be able to demand the return of his funds, as the money was spent to help the people for whom the collection was opened.
The Organization has no obligations to the Benefactor other than those specified in this Agreement.
9. Responsibility of the Organization.
The Organization is responsible for violating the terms of this Agreement and the use of charitable donations in violation of the statutory activities of the Organization and the legislation of Ukraine, in accordance with current legislation of Ukraine.
10. Procedure for general access to information of the Charitable Organization
The financial statements of the Organization are published by annually posting the financial statements on the website budvdele.org in the manner and terms provided by the Charter of the Organization. Other information shall be disclosed by the Organization in the manner and to the extent provided by the current legislation of Ukraine.
11. Procedure for general access to the Benefactor's information
The Benefactor agrees that after entering information about himself on the website of the Organization budvdele.org and registering on the site, his contact information can be used by the Organization to send letters and messages, including in electronic form. In this case, the Organization has the right, if necessary, due to the conditions of this law, to transfer such personal data to third parties.
The Benefactor agrees that information about him (including surname, name, patronymic) may be used (only with his additional consent) by the Organization in the media or on the website of the Organization budvdele.org
By accepting the Offer, the Benefactor confirms that he is familiar with Annex 1 to this Agreement and agrees to the collection, processing and use of personal data in the manner prescribed by Annex 1 to this Agreement and current legislation of Ukraine.
Addition 1
to the Agreement of public offer on charitable donation
CONSENT-MESSAGE for the collection, processing and use of personal data
I, the Philanthropist, who accepted the Public offer to provide charitable assistance to the ICF "HOPE OF HOPE" ICF, in accordance with the Law of Ukraine "On Personal Data Protection" knowingly and voluntarily give the ICF "HOPE OF HOPE" ICF (hereinafter - the Organization) my consent to automated and without the use of automation means processing (including collection, accumulation, storage and use) of my personal data, namely: last name, first name, patronymic, passport data, registration number of the taxpayer, photo or other image record, number of funds communication, e-mail address, data on the place of residence, other data voluntarily provided by me for the purpose of processing - in order to ensure the implementation of civil and commercial relations; administrative and legal, tax relations, relations in the field of accounting; relations in the field of statistics; and ensuring the implementation of other relations that require the processing of personal data in accordance with the Civil Code of Ukraine, the Tax Code of Ukraine, the Law of Ukraine "On Charitable Activities and Charitable Organizations", other regulations of Ukraine, the Charter, other local acts.
With this document I also consent to the transfer (dissemination) of my personal data exclusively for the above purpose and in the manner prescribed by the Law of Ukraine "On Personal Data Protection" and local acts of the Organization establishing the procedure for processing and protection of personal data. I do not require notification of the transfer (dissemination) of my personal data to third parties, if such transfer (dissemination) is in my interests in order to implement the above legal relationship.
By signing this consent agreement, I confirm that I have been notified in writing of the purposes of personal data processing (according to the purpose specified in this document) and the persons to whom my personal data is transferred, as well as my rights under Art. 8 of the Law of Ukraine "On Personal Data Protection", according to which the subject of personal data has the right to:
- know about the sources of collection, location of personal data, the purpose of their processing, location or place of residence (stay) of the owner or controller of personal data or give appropriate instructions to obtain this information to authorized persons, except as provided by law;
- receive information on the conditions for granting access to personal data, in particular information on third parties to whom his personal data is transferred;
- to access their personal data;
- receive no later than thirty calendar days from the date of receipt of the request, except as provided by law, an answer as to whether his personal data are processed, as well as receive the content of such personal data;
- make a reasoned request to the owner of personal data with an objection to the processing of their personal data;
- make a reasoned request to change or destroy their personal data by any owner and controller of personal data, if this data is processed illegally or is inaccurate;
- to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or tarnishes the honor, dignity and business reputation of an individual ;
- to complain about the processing of their personal data to the Commissioner or to the court;
- apply legal remedies in case of violation of the legislation on personal data protection;
- make reservations regarding the restriction of the right to the processing of their personal data during the consent;
- withdraw consent to the processing of personal data;
- know the mechanism of automatic processing of personal data;
- to protect against an automated decision that has legal consequences for him.
This consent agreement is valid for an indefinite period