This Public Offer for charitable assistance (hereinafter referred to as the “Offer”) is aimed at an indefinite circle of individuals (hereinafter referred to as the “Donor”) and is a public proposal by the PUBLIC ORGANIZATION “CHARITABLE FUND “FROM PERSON TO PERSON,” operating under the Charter (hereinafter referred to as the “Fund”), to enter into a contract for the provision of charitable assistance, under the conditions specified below:
1. Terms and Definitions Used in the Agreement
Public Offer (or Offer) – a valid proposal by the Fund, posted on the website from-person-to-person.com, for the provision of charitable assistance aimed at an indefinite circle of individuals. Acceptance – the 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 Fund’s website, and by transferring money to the current account of the Fund through banking institutions. The Offer is considered accepted from the date of receipt of funds to the current account of the Fund. Charitable Assistance – the gratuitous transfer of funds by the Donor to the ownership of the Fund for subsequent use and the achievement of the goals of the Fund, as defined in the Charter or programs of the Fund, in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Fund’s Charter, and this Agreement. Donor – a capable individual who voluntarily provides one or several 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 of this Agreement is the voluntary transfer by the Donor to the ownership of the Fund of monetary funds through the provision of Charitable Assistance to support the statutory activities of the Fund, including the provision of charitable assistance by the Fund in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations,” programs of the Fund, etc. The Donor independently determines the amount of charitable assistance. The performance of this Agreement by the parties is not aimed at obtaining profit or any benefits for either party.
By accepting the Offer, the Donor indicates that they agree to all the terms of the Offer, understand and consent to the fact that the Charitable Assistance will be used to achieve the goals specified in the Fund’s Charter, which they can familiarize themselves with by sending a request to the email address firstname.lastname@example.org. Furthermore, by accepting the Offer, the Donor fully comprehends and agrees with the subject of the Agreement, the objectives and purpose of the public fundraising, and confirms the Fund’s right to use a portion of the Charitable Assistance for administrative expenses of the Fund, as provided by the Law of Ukraine “On Charitable Activities and Charitable Organizations.” The parties agree that from the moment of accepting 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.” The parties also agree that failure to conclude this Agreement as a separate document after accepting the Offer does not render this Agreement invalid.
4. Rights and Obligations of the Fund The Fund has the right to:
• receive Charitable Assistance and use it in accordance with the subject matter and conditions of this Agreement and its statutory activities;
• use a portion of the Charitable Assistance for administrative expenses of the Fund, not exceeding the limits prescribed by the Law of Ukraine “On Charitable Activities and Charitable Organizations.” The Fund is obligated to:
• annually provide electronic reports on the use of Charitable Assistance by posting relevant information on the website from-person-to-person.com;
• use the received donations exclusively to achieve the goals specified in the Fund’s Charter.
5. Donor’s Rights The Donor has the right to:
• exercise control over the use of Charitable Assistance by the Fund for its designated purposes.
6. Venue for Public
Fundraising Public fundraising of Charitable Assistance is conducted within the territory of any state in the world. The direct activities of the Fund related to achieving the goals specified in the Fund’s Charter are carried out within the territory of Ukraine (excluding temporarily occupied territories of Ukraine and areas where the Operation of Joint Forces is conducted).
7. Fundraising Period
Public fundraising continues until the cessation of the Fund’s activities (including liquidation), unless otherwise determined by the decision of the Fund, of which the Donor will be notified by posting relevant information on the website from-person-to-person.com.
8. Procedure for the Use of Charitable Assistance
The use of Charitable Assistance is carried out in accordance with the goals defined by the Fund’s statutory activities and the current legislation of Ukraine, including the Law of Ukraine “On Charitable Activities and Charitable Organizations.” The Fund utilizes Charitable Donations in accordance with its statutory activities and programs. Charitable Donations received by the Fund may be returned to the Donor solely in cases provided for by the legislation of Ukraine.
9. Fund’s Responsibility
The Fund is responsible for violating the terms of this Agreement and misusing Charitable Donations contrary to the order stipulated by the statutory activities of the Fund and the legislation of Ukraine, in accordance with the current legislation of Ukraine.
10. Procedure for General Access to the Information of the Charitable Organization
The financial statements of the Fund are published by annually posting the financial report on the website from-person-to-person.com in the manner and within the timeframe provided by the Fund’s Charter. Other information is disclosed by the Fund in accordance with the procedure and scope prescribed by the current legislation of Ukraine.
11. Procedure for General Access to the Donor’s Information
The Donor agrees that after providing their information on the Fund’s website from-person-to-person.com, their contact information may be used by the Fund to send electronic messages. In this case, the Fund has the right, as necessary for the fulfillment of the conditions of the aforementioned law, to disclose such personal data to third parties. The Donor consents that information about them may be used (exclusively with their additional consent) by the Fund in mass media or on the website from-person-to-person.com. By accepting the Offer, the Donor confirms that they are familiar with Appendix 1 to this Agreement and consent to the collection, processing, and use of personal data in accordance with Appendix 1 to this Agreement and the current legislation of Ukraine.
“PUBLIC OFFER AGREEMENT on the provision of charitable donations
CONSENT-NOTIFICATION on the collection, processing, and use of personal data
I, the Donor, who has accepted the Public Offer Agreement on providing charitable assistance by the PUBLIC ORGANIZATION ‘CHARITABLE FUND “FROM PERSON TO PERSON”‘ in accordance with the Law of Ukraine “On the Protection of Personal Data” knowingly and voluntarily provide my consent to the PUBLIC ORGANIZATION ‘CHARITABLE FUND “FROM PERSON TO PERSON”‘ (hereinafter referred to as the Fund) for the automated and non-automated processing (including collection, accumulation, storage, and use) of my personal data, namely: surname, first name, patronymic, contact information, email address, data regarding the place of residence, other data voluntarily provided by me for the purpose of processing, for the purpose of ensuring the implementation of civil law and economic law relations, administrative and tax relations, accounting relations, statistical relations, 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 regulatory legal acts of Ukraine, the Statute of the Fund, and other local acts of the Fund.
By this consent-notification, I also consent to the transfer (disclosure) of my personal data exclusively for the purpose indicated above and in the manner determined by the Law of Ukraine ‘On the Protection of Personal Data’ and the local acts of the Fund, which establish the procedure for processing and protecting personal data. I do not require notification of the transfer (disclosure) of my personal data to third parties if such transfer (disclosure) is carried out in my interests for the purpose of implementing the above-mentioned legal relations.
By signing this consent-notification, I confirm that I have been informed in writing about 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 about my rights provided for in Article 8 of the Law of Ukraine “On the Protection of Personal Data” according to which the subject of personal data has the right 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 controller of personal data or to give an appropriate authorization to obtain this information by authorized persons, except for cases established by law;
– obtain information about the conditions for granting access to personal data, in particular information about third parties to whom his personal data are transferred;
– access his personal data;
– receive, not later than thirty calendar days from the date of receipt of the request, except for cases provided by law, a response on whether his personal data are processed, as well as to receive the content of such personal data;
– submit a reasoned request to the owner of personal data with an objection to the processing of his personal data;
– submit a reasoned request for the change or destruction of his personal data by any owner and controller of personal data if these data are processed illegally or are inaccurate;
– to protect personal data from unlawful processing and accidental loss, destruction, damage due to deliberate concealment, non-provision, or untimely provision, as well as protection against the provision of information that is inaccurate or discredits the honor, dignity, and business reputation of an individual;
– to lodge complaints about the processing of personal data with the authorized body or court;
– to apply means of legal protection in case of violations of the legislation on the protection of personal data;
– to make reservations regarding the limitation of the right to process personal data when giving consent;
– to withdraw consent to the processing of personal data;
– to know the mechanism of automated processing of personal data;
– to be protected against an automated decision that has legal consequences. This consent-notification is valid indefinitely.