This Public Offer for the provision of charitable assistance (hereinafter referred to as the Offer) is directed to an unspecified group of persons (hereinafter referred to as the Benefactor) and is a public offer of the CHARITY FOUNDATION «WE ARE FAMILY» , represented by the Chairman of the Foundation Ioan Vadimovich Lishchynskyi, acting on the basis Statute (hereinafter referred to as the Fund), to enter into an agreement on the provision of charitable assistance under the following conditions:
1. Concepts and definitions used in the Agreement
Public offer (and/or Offer) – a valid offer of the Fund, posted on the website https://wearefamily.com.ua and/or https://wearefamily.com.ua/en/, for the provision of charitable assistance, directed to an unspecified circle person
Acceptance – full and unconditional acceptance of the Offer by taking actions aimed at making a money transfer using payment forms and means posted on the Fund’s website, and by transferring funds to the Fund’s current account through bank institutions.
The offer is considered accepted from the date of crediting the funds to the Fund’s current account.
Charitable assistance is a free transfer of funds by the Benefactor to the property of the Fund for further use and achievement of the Funds goals, defined by the Funds Statute or programs, in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Funds Statute and this Agreement.
A benefactor is any person who voluntarily provides one or more types of charitable assistance. For the purposes of this Agreement, the Benefactor is a natural or legal person who accepted the Offer.
2. Subject of the Agreement
The subject of this Agreement is the Benefactor’s voluntary transfer of funds into the ownership of the Fund through the implementation of Charitable Assistance to ensure the Funds statutory activities, including the provision of charitable assistance by the Fund in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Funds programs, etc.
The benefactor independently determines the amount of charitable assistance. The execution of this Agreement by the parties is not aimed at obtaining profit or any benefits for any of the parties.
3. Acceptance
By accepting the Offer, the Benefactor indicates that he agrees with all the terms of the Offer, understands and agrees that the Charitable Assistance will be used to achieve the goals provided for in the Fund Charter, which he can familiarize himself with by sending a request to the e-mail address: we.are.family.fund@gmail.com.
In addition, by Accepting the Offer, the Benefactor is fully aware of and agrees with the subject of the Agreement, the goals and purpose of public fundraising, and also confirms the right of the Fund to use part of the Charitable Assistance for the administrative expenses of the Fund 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 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”. At the same time, the parties agree that after the Acceptance of the Offer, 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 Fund
The Fund has the right to:
– receive Charitable Assistance and use it in accordance with the subject and conditions of this Agreement, its statutory activities and the Law “On Charitable Activities and Charitable Organizations”;
The Fund is obliged to:
– to use the received Charitable Assistance exclusively to achieve the goals stipulated by the Funds Charter.
5. Benefactor’s rights
The benefactor has the right:
– to monitor the use of Charitable Aid by the Foundation for its intended purpose.
6. Place of public fundraising
Public collection of Charitable Aid is carried out on the territory of any country in the world. The direct activity of the Fund, related to the achievement of the goals stipulated by the Charter of the Fund, is carried out on the territory of Ukraine (with the exception of the temporarily occupied territories of Ukraine and the areas where the Joint Forces Operation is conducted).
7. Term of collection of funds
The public collection of funds continues until the termination of the Fund activities (including by liquidation), unless another period is determined by the Fund decision, about which the Benefactor will be notified by placing relevant information on the Fund website.
8. Procedure for using Charitable Assistance
The use of Charitable Assistance is carried out in accordance with the goals determined by the Fund statutory activities and the current legislation of Ukraine, in particular the Law of Ukraine “On Charitable Activities and Charitable Organizations”. The Fund uses Charitable Assistance in accordance with its statutory activities and the Fund programs. Charitable assistance received by the Fund can be returned to the Benefactor only in the cases provided for by the current legislation and this Agreement.
9. Liability of the Fund
The Foundation is responsible for the violation of the terms of this Agreement and the use of Charitable Assistance contrary to the procedure provided for by the statutory activities of the Foundation and the legislation of Ukraine, in accordance with the current legislation of Ukraine.
10. The procedure for general access to the information of the Charitable Organization
The financial statements of the Fund are made public through the annual posting of the financial report on the website https://wearefamily.com.ua in the order and terms stipulated by the Foundation’s Statute. Other information is disclosed by the Fund in the manner and to the extent stipulated by the current legislation of Ukraine.
11. The procedure for general access to the Benefactor’s information
The benefactor gives his consent to the fact that after entering information about himself on the website of the Fund https://wearefamily.com.ua and registering on the website, his contact information can be used by the Fund to send letters and messages, including in electronic form. At the same time, the Fund has the right to transfer such personal data to third parties as necessary, caused by the fulfillment of the conditions of the specified law.
By accepting the Offer, the Benefactor confirms that he is familiar with Appendix 1 to this Agreement and gives his consent to the collection, processing and use of personal data in the manner prescribed by Appendix 1 to this Agreement and the current legislation of Ukraine.
Appendix 1
to the Agreement on a public offer on the provision of charitable assistance
CONSENT-NOTICE
for the collection, processing and use of personal data
I, the Benefactor, who accepted the Public Offer to provide charitable assistance to the CHARITY ORGANIZATION “CHARITY FOUNDATION «WE ARE FAMILY», in accordance with the Law of Ukraine “On Protection of Personal Data” knowingly and voluntarily provide the CHARITY ORGANIZATION “CHARITY FOUNDATION «WE ARE FAMILY» (hereinafter – Fund) my consent to the automated, as well as without the use of automated means of processing (including the collection, accumulation, storage and use) of my personal data, namely: surname, first name, patronymic, passport details, registration number of the taxpayer’s account card, photograph or other image record, communication number, e-mail address, data on the place of residence, other data voluntarily provided by me for implementation of the purpose of processing, – in order to ensure the implementation of civil-legal and economic-legal relations; administrative and legal, tax relations, relations in the field of accounting; relations in the field of statistics; and ensuring the implementation of other relationships 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 normative legal acts of Ukraine, the Fund Charter, other local acts of the Fund.
With this document, I also give my consent to the transfer (dissemination) of my personal data exclusively for the above-mentioned purpose and in the manner determined by the Law of Ukraine “On the Protection of Personal Data” and local acts of the Fund, which establish the procedure for the processing and protection of personal data. I do not require notification of the transfer (distribution) of my personal data to third parties, if such transfer (distribution) occurs in my interests for the purpose of implementing the above-mentioned legal relationship.
By signing this consent-notification, I confirm that I have been informed in writing about 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 about my rights, provided for in Art. 8 of the Law of Ukraine “On Protection of Personal Data”, according to which the subject of personal data 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 (residence) of the owner or manager of personal data or to give an appropriate order to obtain this information to persons authorized by him, except for 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) to access your personal data;
4) receive no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is being processed, as well as receive the content of such personal data;
5) present a reasoned demand to the owner of personal data with an objection to the processing of his personal data;
6) make a reasoned demand for the change or destruction of your personal data by any owner and manager of personal data, if this data is processed illegally or is unreliable; 6) make a reasoned demand for the change or destruction of your personal data by any owner and the manager of personal data, if these data are processed illegally or are unreliable;
7) to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of data, as well as protection from providing information that is unreliable or dishonors honor, dignity and business reputation natural person;
8) file complaints about the processing of personal data with the Commissioner or the court;
9) apply legal remedies in case of violation of the legislation on the protection of personal data;
10) enter a reservation regarding the limitation of the right to process one’s 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 protect against an automated decision that has legal consequences for him.
This consent notice is valid for an indefinite period.