This Public Offer for Charitable Donations for Charitable Purposes (hereinafter referred to as the Offer) is aimed at an indefinite number of individuals (hereinafter referred to as the Benefactor) who are visitors to the official website of the Charitable Organization "Charitable Foundation "International Movement of Unity" (hereinafter referred to as the "Organization") on the Internet at the link https://ruhednosti.org (hereinafter referred to as the "Site") and wish to make a charitable donation within the meaning of this public offer (hereinafter referred to as the Charitable Donation Agreement), collectively, in the text of the Offer, the "Parties" are referred to as the "Parties", and each separately as a "Party".
The text of the Offer is an official proposal of the Charitable Organization "Charitable Foundation "International Unity Movement", represented by the Director Vladislav Spiridovych, acting on the basis of the Charter, to conclude a charitable donation agreement (hereinafter referred to as the "Agreement"), the essence of which is set out below.
1. Definitions and concepts.
1.1. Public offer is a valid offer of the Organization, posted on the Site, to provide a charitable donation, addressed to an unlimited number of persons, including the Benefactor.
1.2. Acceptance is the full and unconditional acceptance of the Public Offer by taking actions to make a money transfer using payment forms and means posted on the Site, as well as by transferring funds to the current account of the Organization through bank institutions. The moment of Acceptance is the date of crediting funds to the bank account of the Organization.
1.3. Charitable donation is a free transfer of funds by the Benefactor to the ownership of the Organization to achieve certain, predetermined goals of activity, in accordance with the Agreement and the Law of Ukraine "On Charitable Activities and Charitable Organizations".
2. Subject of the Agreement.
2.1. The subject of this Agreement is the gratuitous and voluntary transfer of funds from the Benefactor to the Organization, through voluntary donations for the implementation of the statutory goals and activities of the Organization, as well as for the provision of charitable assistance by the Organization in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", programs of the Fund.
2.2. The amount and amount of charitable donations shall be determined by the Benefactor independently at his own discretion.
2.3. The parties’ fulfillment of the terms of the Offer is not aimed at making a profit or any benefits for either party.
2.4. The Parties confirm that the receipt of profit (directly or indirectly) by the Parties is not the subject of the Offer.
2.5. Acceptance of this Public Offer by the Benefactor is carried out by paying a Charitable Donation.
3. Acceptance of the Offer.
3.1. Acceptance of the Offer (acceptance of the terms of the Offer) means that the Benefactor agrees with all its provisions, he is familiar with the Charter of the Organization, which is posted in electronic form on the Website of the Organization at the link https://ruhednosti.org/documents/, he fully understands and agrees with the subject of the Agreement, with the purpose and goals of the public collection of charitable donations and with the right of the Organization to use part of the Benefactor’s Charitable Donation for administrative expenses of the Organization, in an amount not exceeding that provided for by the legislation of Ukraine.
3.2. The Benefactor and the Organization, guided by Art. 207, art. 634, 639, art. 641, 642 of the Civil Code of Ukraine, agree that from the moment of Acceptance of the Offer, the Charitable Donation Agreement is considered concluded.
3.3. The Parties agree that the failure of the Parties to comply with the written form of the Charitable Donation Agreement does not mean its invalidity.
4. Rights and obligations of the Organization.
4.1. The Organization has the right to:
4.1.1. Receive Charitable Donations and use them in accordance with the terms of the Offer and the Charitable Donation Agreement.
4.1.2 To change the directions of use of charitable donations within the framework of the Statutory activities of the Organization.
4.1.3. Use a part of the Charitable donation for administrative expenses of the Organization, without the consent of the Benefactor, in an amount not exceeding that provided for by the legislation of Ukraine.
4.2. The Organization is obliged to:
4.2.1. Create the conditions necessary for the Benefactor to make a Charitable Donation in accordance with the terms of the Offer.
4.2.2 To use the received charitable donations to achieve the goals envisaged by the Statute of the Organization.
4.2.3. Store confidential information (including personal data) received from the Benefactor, do not transfer it to third parties without the consent of the Benefactor, except as provided by the Offer and the current legislation of Ukraine.
5. Rights and obligations of the Benefactor.
5.1. The Benefactor has the right to:
5.1.1. Transfer a voluntary charitable donation to the account of the Organization in the manner specified in the Agreement.
5.1.2. Apply to the Organization in order to obtain a report on the use of charitable donations by the Organization.
5.2. The Benefactor is obliged to:
5.2.1. Read in detail and carefully all the terms and conditions of the Offer and accept them when making payment for a charitable donation, as well as all additional rules governing the relations of the Parties in accordance with the Offer.
6. Place and terms of receiving charitable donations.
6.1. Public collection of donations is carried out on the territory of any of the countries of the world in the manner prescribed by Art. 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". The direct activities of the Organization, related to the public collection of donations under the Agreement, are carried out at the location of the Organization.
6.2. Public collection of donations continues until the liquidation of the Organization, unless another term is determined by the Organization.
7. Procedure for making a charitable donation.
7.1. The Organization provides the Benefactor with the opportunity to pay the Charitable Donation by electronic payment on the Site, by transferring funds to the bank accounts of the Organization (through payment services Privatbank, Monobank, Swift transfers, LiqPay payment system) by link https://ruhednosti.org/donate/.
The benefactor chooses the payment format of his choice.
7.2. The payment is recognized as made by the Benefactor at the time of confirmation of a successful transaction by the bank or payment system. All expenses for the payment of amounts related to the transfer of the donation shall be borne by the Benefactor.
7.3. A charitable donation paid by the Benefactor is non-refundable under any circumstances.
7.4 The balance of the unused charitable donation (assistance) received by the Organization (Beneficiary) is used by it in the future exclusively within the framework of the Law of Ukraine "On Charitable Activities and Charitable Organizations" and to achieve the goals defined by the Charter of the Organization, published at the link https://ruhednosti.org/documents/.
7.5 The Benefactor gives the Organization his consent that the funds remaining from the implementation of the project for which the fundraiser was made can be used by the Organization during the implementation of other projects and/or for other purposes provided for by the Charter of the Organization.
8. Procedure for the use of charitable donations.
8.1. The use of the Charitable Donations collected under the Agreement is carried out in accordance with the goals of the statutory activities of the Organization. The Organization disposes of Charitable Donations at its own discretion. Charitable donations received by the Organization are non-refundable. The liability of the parties for violation of the terms of this Agreement or the procedure for using Charitable Donations is provided for by the requirements of the current legislation of Ukraine.
8.2. The Benefactor or persons authorized by him/her have the right to control the intended use of the Charitable Donation.
8.3 The procedure for general access to the financial statements of the Organization:
Access to the Organization’s reports is provided by referring to the Organization’s link: https://ruhednosti.org/zvitnist/. Other information is provided by the Organization upon request in the manner and within the time limits provided for by the legislation of Ukraine.
9. Liability of the Parties.
9.1. In case of non-fulfillment or improper fulfillment of their obligations under the Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Organization is not responsible in case of action/inaction of third parties, as a result of which the Organization was unable to fulfill its obligations under the Offer.
10. Confidentiality and protection of personal data.
10.1. The Benefactor, by making an Acceptance, confirms that he is familiar with and agrees to the collection and processing of personal data.
10.2. The Organization collects and processes the Benefactor’s personal data in order to fulfill its obligations under the Offer and in accordance with the Law of Ukraine "On Personal Data Protection".
10.3. The Benefactor agrees that after entering information about himself when making a Charitable Donation, subscribing to the news of the Organization on the Site, he may be sent reports on the results of public meetings and the use of charitable donations by the Organization, letters and messages, including advertising ones.
10.4. The Organization undertakes not to transfer the e-mail address and other information about benefactors to third parties, except as provided by the current legislation of Ukraine.
10.5. The Organization is not responsible for the disclosure of personal data that occurred as a result of illegal actions of third parties or if such disclosure took place with the consent of the Benefactor.
11. Term of the Offer. Procedure for making changes and additions.
11.1. The Public Offer comes into force from the moment it is posted on the Site and is valid until the liquidation of the Organization, unless another term is determined by the Organization. The provisions of this clause also apply to additions (changes) to the Offer.
11.2. The Organization has the right to change the terms of the Public Offer without the consent of the Benefactor. The Organization reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on the Site.
11.3. The Benefactor is obliged to independently monitor changes in the terms of the Offer by familiarizing himself with the current new (current) edition on the Site.
12. Dispute Resolution Procedure.
12.1. Disputes and disputes arising from the execution of the Charitable Donation Agreement concluded on the terms of the Offer shall be resolved through negotiations in writing.
12.2. The claim shall be submitted to the Party in writing by sending a registered letter with acknowledgment of receipt, within a period of no more than 10 (ten) calendar days from the date of occurrence of comments, which is the basis for a dispute or dispute. The claim shall be considered within 10 (ten) calendar days calculated from the date of its delivery to the Party to which it is addressed.
12.3. If the Parties are unable to reach an agreement during negotiations in writing, the dispute that has arisen shall be considered in accordance with the procedure provided for by the current legislation of Ukraine.
12.4. For all other issues not provided for in this Offer, the Parties shall be guided by the current legislation of Ukraine.
13. Force majeure.
13.1. The Parties are exempt from liability for non-fulfillment or improper fulfillment of obligations under the terms of the Offer, if the specified non-fulfillment is the result of force majeure circumstances and their consequences, namely: fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strike(s), sabotage, accident, mass disorder and riots, quarantine restrictions, acts of public authorities or administration, international sanctions, etc., which directly affect the implementation of the Treaty and arose after its conclusion. At the same time, the term of fulfillment of obligations under such an Agreement is extended for the duration of these circumstances and their consequences.
13.2. A Party that is unable to fulfill its obligations under the Agreement as a result of force majeure circumstances and their consequences is obliged to notify the other Party in writing within 15 days of the beginning or end of these circumstances, as well as to provide documentary evidence of their occurrence and existence.
13.3. Failure to notify or untimely notification of force majeure circumstances deprives the relevant Party of the right to refer to these circumstances as exempting from liability. Notification of the Organization about the occurrence of force majeure is possible, among other things, by posting the relevant information on the Website.
13.4. Confirmation of the presence and duration of force majeure circumstances is certificates issued by the authorized state authorities of Ukraine.
14. Information about the Organization.
Charitable organization "Charitable Foundation "International Movement of Unity", EDRPOU code 44797809, 03126, city Kyiv, st. Heroes of Sevastopol, house 39/8, office 317, tel. +380663381219, e-mail: [email protected], IBAN UA503052990000026002035021862, JSC CB PRIVATBANK, MFO 305299.
Appendix
to the Public Offer on
Charitable donation
CONSENT-NOTIFICATION
to collect, process and use personal data
I, the Benefactor, who accepted the Public Offer for the provision of charitable donations to the Charitable Organization "Charitable Foundation "International Unity Movement", in accordance with the Law of Ukraine "On Personal Data Protection", knowingly and voluntarily provide the Charitable Organization "Charitable Foundation "International Unity Movement", hereinafter referred to as the "Foundation", my consent to the automated, as well as without the use of automated means of processing (including collection, accumulation, storage and use) of my personal data, Namely: last name, first name, patronymic, passport data, registration number of the taxpayer’s registration card, photo or other image record, telephone number, e-mail address, data on the place of residence, other data voluntarily provided by me to implement the purpose of processing – in order to ensure the implementation of civil and economic relations; administrative, 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 of the Fund, and other local acts of the Fund.
By this document, I also consent to the transfer (distribution) of my personal data, which is included in the database of personal data of the Fund’s counterparties, exclusively for the above purpose and in the manner prescribed by the Law of Ukraine "On Personal Data Protection" and local acts of the Fund, which establish the procedure for processing and protecting personal data. I do not require notification of the transfer (distribution) of my personal data included in the specified personal data base to third parties, if such transfer (distribution) occurs in my interests for the purpose of implementing the above legal relations.
By signing this consent-notification, I confirm that I have been notified in writing about the inclusion of my personal data in the database of personal data of the Fund’s counterparties, the purpose 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 about 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:
1) know about the location of information containing his/her personal data, its purpose and name, location and/or place of residence (stay) of the owner or manager of personal data, or give an appropriate order to obtain this information to persons authorized by him/her, except in cases established by law;
2) receive information about the conditions for granting access to personal data, in particular information about third parties to whom his personal data is transferred;
3) access to their personal data;
4) 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/her personal data is stored in the relevant personal data base, as well as receive the content of his/her personal data that is stored;
5) submit a reasoned request to the owner of personal data with an objection to the processing of their personal data;
6) make a reasoned request to change or destroy their personal data by any owner and manager of personal data, if this data is processed illegally or is unreliable;
7) to protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as to protection from the provision of information that is inaccurate or discredits the honor, dignity and business reputation of an individual;
8) file complaints about the processing of their personal data to public authorities and officials whose powers include ensuring the protection of personal data, or to the court;
9) apply legal remedies in case of violation of the legislation on the protection of personal data;
10) make reservations regarding the restriction of the right to process their personal data when giving consent;
11) withdraw consent to the processing of personal data;
12) know the mechanism of automatic processing of personal data;
13) to be protected from an automated decision that has legal consequences for him.
This consent-notification is valid for an indefinite period of time
