Public contract
Offer
This Public Offer for the provision of charitable assistance (hereinafter referred to as the Offer) is aimed at an indefinite number of individuals (hereinafter referred to as the Benefactor) and is a public offer of the NGO "WE TOGETHER YUA" (hereinafter referred to as the Organization) to conclude an agreement on the provision of charitable assistance on the terms and conditions specified below:
1. Concepts and definitions used in the Agreement
Public Offer (and/or Offer) - a valid offer of the Organization posted on the website myrazomua.org to provide charitable assistance aimed at an indefinite number of individuals.
Acceptance - full and unconditional acceptance of the Offer by taking actions aimed at making a money transfer using the payment forms and means posted on the Organization's website, and by transferring funds to the current account of the Organization through bank institutions.
The offer is considered accepted from the date of crediting the funds to the current account of the Organization.
Charitable Donation is a free-of-charge transfer of funds by the Donor to the Organization for further use and achievement of the Organization's goals determined by the Charter or programs of the Organization, in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Charter of the Organization and this Agreement.
A Donor is a legally capable individual who voluntarily provides one or more types of charitable assistance. For the purposes of this Agreement, the Donor is an individual who has accepted the Offer.
2. Subject of the Agreement
The subject matter of this Agreement is the voluntary transfer by the Donor to the Organization of funds by way of Charitable Donation 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 Organization's programs, etc.
The Donor shall independently determine the amount of charitable assistance. The Parties' performance of this Agreement is not intended to generate profit or any benefits for any of the Parties.
3. Acceptance
By accepting the Offer, the Donor indicates that he/she agrees with all the terms of the Offer, understands and agrees that the Charitable Donation will be used to achieve the goals set forth in the Charter of the Organization, which he/she can read by sending a request to mi.razom.ua@gmail.com.
In addition, by accepting the Offer, the Donor fully understands and agrees with the subject matter of the Agreement, the goals and purpose of public fundraising, and confirms the right of the Organization to use part of the Charitable Donation for the administrative expenses of the Organization in the amount provided for by the Law of Ukraine "On Charitable Activities and Charitable Organizations".
The Parties agree that from the moment of acceptance of the Offer, this Agreement shall be 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". The parties agree that after the Offer is accepted, the failure to conclude this Agreement in the form of a separate document shall not invalidate this Agreement.
4. Rights and obligations of the Organization
The Organization has the right to:
- receive the Charitable Donation and use it in accordance with the subject matter and terms of this Agreement and its statutory activities;
- to use a part of the Charitable Donation for the Organization's administrative expenses in the amount not exceeding the amount stipulated by the Law of Ukraine "On Charitable Activities and Charitable Organizations".
The Organization is obliged to:
- annually, in electronic form, report on the use of the Charitable Donation by posting the relevant information on the website myrazomua.org;
- use the donations received exclusively for achieving the goals set forth in the Charter of the Organization.
5. The rights of the Donor
The Donor has the right to:
- to control the use of the Charitable Donation by the 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 Organization's direct activities related to the achievement of the goals set forth in the Charter are carried out on the territory of Ukraine (except for the temporarily occupied territories of Ukraine and the areas of the Joint Forces Operation).
7. Fundraising period
The public fundraising lasts until the termination of the Organization's activities (including through liquidation), unless another period is determined by the decision of the Organization, about which the Benefactor will be notified by posting relevant information on the website myrazomua.org.
8. The procedure for using the Charitable Donation
The use of Charitable Donations shall be carried out in accordance with the purposes determined by the statutory activities of the Organization and the current legislation of Ukraine, in particular the Law of Ukraine "On Charitable Activities and Charitable Organizations". The Organization shall use the Charitable Donations in accordance with its statutory activities and programs of the Organization. The Charitable Donations received by the Organization may be returned to the Donor only in cases provided for by the legislation of Ukraine and this Agreement.
9. Responsibility of the Organization
The Organization shall be liable for violation of the terms of this Agreement and for using the Charitable Donations contrary to the procedure provided for by the statutory activities of the Organization and the legislation of Ukraine, in accordance with the current legislation of Ukraine.
10. Procedure for public access to information of the Charitable Organization
The financial statements of the Organization shall be made public by publishing the annual financial report on the website zaporuka.org.ua in the manner and within the time limits provided for by the Charter of the Organization. Other information is disclosed by the Organization in the manner and to the extent provided for by the current legislation of Ukraine.
11. Procedure for Public Access to the Donor's Information
The Benefactor agrees that after entering information about himself/herself on the Organization's website zaporuka.org.ua and registering on the website, his/her contact information may be used by the Organization to send letters and messages, including in electronic form. At the same time, the Organization has the right to transfer such personal data to third parties if necessary, caused by the fulfillment of the conditions of the said law.
The Benefactor agrees that information about him/her (in particular, surname, name, patronymic) may be used (only with his/her additional consent) by the Organization in the media or on the Organization's website myrazomua.org.
By accepting the Offer, the Benefactor confirms that he/she 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 the current legislation of Ukraine.
Appendix 1
to the Public Offer Agreement for charitable donation
CONSENT-NOTIFICATION
to the collection, processing and use of personal data
I, the Benefactor, who has accepted the Public Offer to provide charitable assistance to the NGO "WE TOGETHER YUA", in accordance with the Law of Ukraine "On Personal Data Protection", consciously and voluntarily provide the NGO "WE TOGETHER YUA" (hereinafter referred to as the Organization) with my consent to the automated and non-automated processing (including collection, accumulation, storage and use) of my personal data, namely surname, first name, patronymic, passport data, taxpayer registration number, photograph or other image record, communication number, 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 economic relations; administrative, legal, tax relations, relations in the field of accounting; relations in the field of statistics; and to ensure the implementation of other relations requiring the processing of personal data.
By this document, I also consent to the transfer (dissemination) of my personal data solely for the above purpose and in accordance with the procedure established by the Law of Ukraine "On Personal Data Protection" and the Organization's local acts establishing the procedure for processing and protecting 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 for the purpose of realization of the above legal relations.
By signing this consent-notification, I confirm that I have been notified in writing of the purposes of personal data processing (in accordance with the purpose specified in this document) and the persons to whom my personal data is transferred, as well as of my rights under Article 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 their personal data, the purpose of their processing, location 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;
- receive information about the conditions for granting access to personal data, including information about third parties to whom his/her personal data is transferred;
- to have access to their personal data;
- receive a response on whether his/her personal data is processed no later than thirty calendar days from the date of receipt of the request, except in cases provided for by law, and receive the content of such personal data to submit a reasoned request to the personal data controller with an objection to the processing of their personal data;
- to submit a reasoned request to change or destroy his/her personal data by any owner and manager of personal data, if such data is processed illegally or is unreliable;
- to make a reasoned request to change or destroy his/her personal data by any owner and manager of personal data, if such data is processed illegally or is unreliable;
- 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 discrediting the honor, dignity and business reputation of an individual;
- file complaints against 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;
- to make reservations regarding the restriction of the right to process their personal data when providing consent;
- withdraw consent to the processing of personal data;
- to know the mechanism of automatic processing of personal data;
- to be protected against an automated decision that has legal consequences for him/her.
This consent-notification is valid for an indefinite period.