Public Offer Agreement for Charitable Donation

This Public Offer for Charitable Donation (hereinafter referred to as the Offer) is aimed at an undefined number of individuals (hereinafter referred to as the Benefactor) and is a public offer of the CHARITABLE FOUNDATION ZAPORUKA represented by the President of the Foundation Onipko Nataliia who acts on the basis of the Statues (hereinafter referred to as the Foundation) to enter into the charitable donation agreement, under the following conditions:

1. Concepts and Definitions Used in the Agreement
Public Offer (and/or Offer) is a valid charitable donation proposal by the Foundation for an indeterminate number of individuals, posted on zaporuka.org.ua.

 

Acceptance is the complete and unconditional acceptance of the Offer by performing actions aimed at making money transfer with payment forms and means posted on the Foundation’s website, and by transferring funds to the Foundation’s current account through banks.


The Offer is considered to be accepted from the date of the funds transfer to the current account of the Foundation.


The Charitable Donation is a voluntary transfer of the Benefactor’s funds to the Foundation for the subsequent use and achievement of the Foundation’s goals, defined by the Statutes or the Foundation’s program, in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", the Foundation’s Statutes and this Agreement.


The Benefactor is a capable individual who voluntarily makes one or more types of charitable donation. For the purposes of this Agreement, the Benefactor is the individual who has accepted the Offer.

2. Subject of the Agreement
The subject of this Agreement is a voluntary transfer of the Benefactor’s funds to the Foundation by making the Charitable Donation for the statutory activities of the Foundation including making the Charitable Donation to the Foundation in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations", programs of the Foundation, etc.

 

The Benefactor independently determines the amount of charitable donation. The performance by the parties of this Agreement is not intended to generate profits or any benefits for either party.

3. Acceptance
By accepting the Offer, the Benefactor states that they agree to all the terms of the Offer, understands and agrees that the Charitable Donation will be used to achieve the goals stipulated by the Foundation’s Statutes that can be found by sending a message on info@zaporuka.com.ua

 

In addition, by accepting the Offer the Benefactor is fully aware and agrees with the subject of the Agreement, the goals and the purpose of the public fundraising, and also confirms the Foundation’s right to use a part of the Charitable Donation for the Foundation administrative expenses in the amount stipulated by the Law of Ukraine "On Charitable Activities and Charitable Organizations".

 

The Parties agree that from the moment of the Offer Acceptance, this Agreement has been 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 hereby agree that after the Offer Acceptance, the failure to conclude this Agreement in the form of a separate document does not entail the invalidity of this Agreement.

4. Rights and Obligations of the Foundation
The Foundation has the right:
- to receive the Charitable Donation and to use it in accordance with the subject and the terms of this Agreement and its statutory activities;
- to use a part of the Charitable Donation for the Foundation administrative expenses not exceeding the amount stipulated by the Law of Ukraine "On Charitable Activities and Charitable Organizations".

 

The Foundation is obliged:
- to report on the use of Charitable Donation annually, in electronic form, by posting relevant information on the site zaporuka.org.ua;
- to use the donations received solely to achieve the goals set out in the Foundation’s Statutes.

5. Rights of the Benefactor
The Benefactor has the right:
- to monitor the use of the Charitable Donation by the Foundation for its intended purpose.

6. Place for Public Fundraising
Charitable donations are publicly raised in the territory of any country in the world. The Foundation’s direct activities related to the achievement of the objectives stipulated by the Foundation’s Statutes shall be carried out in the territory of Ukraine (except for the temporarily occupied territories of Ukraine and the areas of the Joint Forces Operation).

7. Fundraising Period
Public fundraising shall continue until the termination of the Foundation’s activities (including by liquidation), unless another term is determined by the Foundation’s decision, of which the Benefactor will be informed by posting relevant information on the site zaporuka.org.ua.

8. Procedure for the Use of Charitable Donation
The use of the Charitable Donation is carried out in accordance with the purposes defined by the statutory activity of the Foundation and the current legislation of Ukraine, in particular the Law of Ukraine "On Charitable Activities and Charitable Organizations". The Foundation uses the Charitable Donations in accordance with its statutory activities and programs. The Charitable Donations received by the Foundation may be refunded to the Benefactor only in the cases provided for by the legislation of Ukraine and this Agreement.

9. Responsibility of the Foundation
The Foundation is responsible for violation of the terms of this Agreement and the use of Charitable Donations contrary to the procedure stipulated by the Foundation’s statutory activities and the legislation of Ukraine, in accordance with the current legislation of Ukraine.

10. Procedure for Public Access to the Information of the Charitable Organization
The Foundation’s financial statements are made public by the annual publication of the financial statement on zaporuka.org.ua in the manner and within the terms stipulated by the Foundation’s Statutes. Other information is disclosed by the Foundation in the manner and to the extent stipulated by the current legislation of Ukraine.

11. Procedure for Public Access to the Information of the Benefactor
The Benefactor agrees that after entering information about himself/herself on the site of the Foundation zaporuka.org.ua and registering on the site, his/her contact information can be used by the Foundation to send letters and messages, including in electronic form. In doing so, the Foundation shall have the right, if necessary, caused by the fulfillment of the conditions of the said law, to transfer such personal data to the third parties.

 

The Benefactor agrees that information about him/her (including last name, first name, patronymic) may be used (solely with his/her additional consent) by the Foundation in the media or on the website of the Foundation zaporuka.org.ua.

 

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 accordance with the procedure set out in Annex 1 to this Agreement and the current legislation of Ukraine.

Appendix 1

to the Public Offer Agreement for Charitable Donation



CONSENT MESSAGE

for the collection, processing and use of personal data 

 

I am the Benefactor who has accepted the Public Offer for Charitable Donation to the CHARITABLE FOUNDATION ZAPORUKA, in accordance with the Law of Ukraine "On Personal Data Protection", knowingly and voluntarily give my consent to the CHARITABLE FOUNDATION ZAPORUKA (hereinafter referred to as the Foundation) to the automated, and also without the use of automation, processing (including the collection, accumulation, storage and use) of my personal data, namely: last name, first name, patronymic, passport information, taxpayer account registration number, photo or other image record, communication number, email address, place of residence, other data voluntarily provided by me for the purpose of processing, to ensure the implementation of civil and commercial 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 legal acts of Ukraine, the Foundation Statutes, other local acts of the Foundation.

 

I hereby 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 local acts of the Foundation, which establish the procedure for processing and protection of personal data. I do not require communication of the transfer (dissemination) of my personal data to the third parties, if such transfer (dissemination) is in my interest for the purpose of implementing the above legal relations.

 

By signing this consent-message, I confirm that I have been notified in writing of the purposes of processing personal data (according to the purpose stated in this document) and the persons to whom my personal data are transferred, as well as of my rights under Art. 8 of the Law of Ukraine "On Protection of Personal Data", according to which a personal data owner has the right:

1) to know about the sources of collection, the location of their personal data, the purpose of their processing, the location or place of residence (stay) of the owner or the manager of the personal data, or to give appropriate instructions for receiving this information by authorized persons, except in cases established by the law;

2) to receive information about the conditions of access to personal data, including information about the third parties to whom his/her personal data is transferred;

3) to access their personal data;

4) to receive, within thirty calendar days from the date of receipt of the request, except in the cases provided for by law, a reply as to whether his/her personal data are processed, and to receive the contents of such personal data;

5) to make a reasoned request to the owner of personal data with objection to the processing of their personal data;

6) to make a reasoned request to change or destroy their personal data by any owner and manager of personal data, if such data is processed illegally or is unreliable;

7) to protect their personal data from unauthorized processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or timely disclosure, as well as protection from providing information that is inaccurate or degrading the honor, dignity and goodwill of an individual ;

8) to file complaints about the processing of personal data to the Authorized Representative   or to the court;

9) to apply remedies of legal defense in case of violation of the legislation on protection of personal data;

10) to serve legal notice on the restriction of the right to process their personal data when giving consent;

11) to withdraw consent to the processing of personal data;

12) to know the mechanism of automatic processing of personal data;

13) to protect against an automated decision that has legal consequences for him/her.

This consent-message is valid for an indefinite period.