PUBLIC OFFER
for a charitable donation
This public offer for providing charitable assistance (hereinafter referred to as the “Offer”) is addressed to an indefinite number of individuals (hereinafter referred to as “Donors”) and constitutes a public proposal of the Charitable Organization “Charitable Foundation “ANGELS OF TAILS” (hereinafter the “Foundation”) to conclude an agreement on making a charitable donation under the terms set forth below.
DEFINITIONS
Public offer (and/or Offer) means a valid offer of the Foundation published on the website https://angelsua.org/uk to make a charitable donation, addressed to an indefinite number of individuals.
Acceptance means full and unconditional acceptance of the Offer by performing actions aimed at making a monetary transfer using the payment forms and methods available on the website https://angelsua.org/uk, as well as by transferring funds to the Foundation’s current bank account.
Charitable donation means a gratuitous transfer by the Donor of funds into the ownership of the Foundation for subsequent use to achieve the Foundation’s purposes stipulated by the Charter or programs of the Foundation, in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations” and this Agreement.
Donor means a legally capable individual who voluntarily makes one or more types of charitable donation. For the purposes of this Agreement, a Donor is an individual who has accepted the Offer.
SUBJECT OF THE AGREEMENT
The subject of this Agreement is the gratuitous and voluntary transfer by the Donor into the ownership of the Foundation of funds by making a charitable donation to support the statutory activities of the Foundation, including, but not limited to, providing charitable assistance to the Foundation in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”, the Foundation’s programs, etc. The Donor independently determines the amount of the charitable donation. The Donor may specify the intended use of the charitable donation.
The performance of this Agreement by the Parties does not aim to generate profit or any benefits for either Party.
ACCEPTANCE
By accepting the Offer, the Donor confirms that they agree with all terms of the Offer and understand and accept that the donation will be used to achieve the purposes set forth in the Foundation’s Charter or its programs, which the Donor may review by sending a request to the email address angelsuaorg@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 the public fundraising, and also confirms the Foundation’s right to use a portion of the charitable donation for the Foundation’s administrative expenses in an amount not exceeding that specified in the Law of Ukraine “On Charitable Activities and Charitable Organizations” or other regulatory legal acts.
The Parties agree that from the moment of acceptance of the Offer, this Agreement is concluded in written form in accordance with Articles 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 after the Offer is accepted, failure to execute this Agreement as a separate document does not entail the invalidity of this Agreement.
FOUNDATION RIGHTS AND OBLIGATIONS
The Foundation has the right to:
- receive charitable donations and use them in accordance with the subject matter and terms of this Agreement and its statutory activities;
- with the Donor’s consent, change the intended use of the charitable donation if the Donor has specified such intended use;
- use a portion of the charitable donation for the Foundation’s administrative expenses in an amount not exceeding that provided by the Law of Ukraine “On Charitable Activities and Charitable Organizations” or other regulatory legal acts;
- without the Donor’s consent, change the intended use of the donation within the Foundation’s statutory activities if the Donor has not specified the intended use of the charitable donation.
- The Foundation undertakes to:
- annually, in electronic form, report on the use of charitable donations by publishing relevant information on the website: https://angelsua.org/uk;
- use the received donations exclusively to achieve the purposes provided for by the Foundation’s Charter.
DONOR RIGHTS
The Donor has the right to:
- monitor the Foundation’s use of charitable assistance for its intended purpose.
PLACE OF PUBLIC FUNDRAISING
Public fundraising of charitable donations is carried out on the territory of Ukraine. The Foundation’s direct activities related to achieving the purposes provided for in the Foundation’s Charter are carried out on the territory of Ukraine (except for the temporarily occupied territories of Ukraine and areas of active hostilities).
FUNDRAISING PERIOD
Public fundraising continues until the Foundation’s activity is terminated (including by liquidation), unless another period is determined by the Foundation’s decision, of which the Donor will be informed by publishing relevant information on the Foundation’s website https://angelsua.org/uk.
PROCEDURE FOR USING CHARITABLE DONATIONS
Charitable donations are used in accordance with the purposes defined by the Foundation’s Charter and the current legislation of Ukraine.
The Foundation uses charitable donations in accordance with its statutory activities and the Foundation’s programs. Charitable donations received by the Foundation may be returned to the Donor only in cases предусмотрені by the legislation of Ukraine and this Agreement.
If the project for which the Foundation raised charitable donations is not implemented, the Foundation changes the intended use of the donation by transferring such funds to another project within the Foundation’s statutory activities.
FOUNDATION LIABILITY
The Foundation is liable for violation of the terms of this Agreement and for the use of charitable donations contrary to the procedure provided for by the Foundation’s Charter and the legislation of Ukraine, in accordance with the current legislation of Ukraine.
PROCEDURE FOR PUBLIC ACCESS TO FOUNDATION INFORMATION
The Foundation’s financial statements are published annually on the Foundation’s website by March 1 of the year following the reporting year.
Other information is disclosed by the Foundation in the manner and scope предусмотрені by the legislation of Ukraine.
Expenses related to transferring charitable donations (transfer fees, taxes, charges, etc.) are borne by the Donor.
By accepting the Offer, the Donor confirms that they have reviewed Appendix 1 to this Agreement and give their consent to the collection, processing and use of personal data in the manner provided for by Appendix 1 to this Agreement and the current legislation of Ukraine.
The Donor consents that after providing information about themselves on the Foundation’s website and registering on the website, their contact information may be used by the Foundation to send letters and notifications, including in electronic form. The Foundation undertakes not to provide information about the Donor’s contact details to third parties, except in cases explicitly provided for by law. In addition, the Donor consents that information about them (in particular, surname, name, patronymic) may be used in mass media or on the Foundation’s website only with their additional consent.
Appendix 1
to the Public Offer for making a charitable donation
CONSENT NOTICE
for the collection, processing and use of personal data
I, the Donor who has accepted the Public Offer for providing charitable assistance, in accordance with the Law of Ukraine “On Personal Data Protection”, knowingly and voluntarily give my consent to the Charitable Organization “Charitable Foundation “ANGELS OF TAILS” (hereinafter the “Foundation”) to automated and also non-automated processing (including collection, accumulation, storage and use) of my personal data, namely: surname, name, patronymic, passport details, taxpayer identification number, photograph or other image record, contact phone number, email address, place of residence data, other data voluntarily provided by me for the purpose of processing — for the purpose of ensuring the implementation of civil-law and commercial-law relations, administrative-law relations, tax relations, accounting relations, statistical relations, and ensuring the implementation of other relations requiring 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, and the Foundation’s Charter.
By this document, I also give my consent to the transfer (disclosure/dissemination) of my personal data solely for the purpose stated above and in the manner prescribed by the Law of Ukraine “On Personal Data Protection” and the Foundation’s internal acts which establish the procedure for processing and protecting personal data. I do not require notification about the transfer (disclosure/dissemination) of my personal data to third parties if such transfer (disclosure/dissemination) occurs in my interests for the purpose of implementing the legal relations specified above.
By signing this consent notice, I confirm that I have been informed in writing about the purposes of personal data processing (according to the purpose stated herein) and about the persons to whom my personal data is transferred. I also confirm that I have been informed about my rights provided for by Article 8 of the Law of Ukraine “On Personal Data Protection”, according to which a personal data subject has the right to:
- know the sources of collection, the location of their personal data, the purpose of processing, the location or place of residence (stay) of the controller or processor of personal data, or authorize representatives to obtain such information, except in cases established by law;
- receive information about the conditions for granting access to personal data, including information about third parties to whom their personal data is transferred;
- access their personal data;
- receive, no later than thirty calendar days from the date of receipt of the request, except in cases provided by law, a response as to whether their personal data is processed, and also receive the content of such personal data;
- submit a reasoned request to the controller with an objection to the processing of their personal data;
- submit a reasoned request to change or delete their personal data by any controller or processor if such data is processed unlawfully or is inaccurate;
- protect their personal data from unlawful processing and accidental loss, destruction or damage due to intentional concealment, failure to provide or untimely provision thereof, as well as protection against providing information that is inaccurate or damages the honor, dignity and business reputation of an individual;
- file complaints regarding the processing of their personal data with the Authorized Person (Data Protection Authority) or with a court;
- use legal remedies in case of violation of personal data protection legislation;
- make reservations regarding the limitation of the right to process their personal data when giving consent;
- withdraw consent to the processing of personal data;
- know the mechanism of automated processing of personal data;
- be protected from an automated decision that has legal consequences for them.
This consent notice is valid for an indefinite period.