PUBLIC CONTRACT (OFFER)
ON THE PROVISION OF CHARITABLE DONATIONS
Last updated: 29.10.2024
This public offer for a charitable donation (hereinafter referred to as the "Offer") is addressed to an indefinite circle of individuals and legal entities who are visitors to the official website of the CHARITABLE ORGANIZATION "CHARITY FUND "COMMUNITY UNITY" on the Internet at the following link: https://fondunity.com (hereinafter referred to as the "Site"). It is an official and public proposal from the CHARITABLE ORGANIZATION "CHARITY FUND "COMMUNITY UNITY", with the identification code of the legal entity 39056806, located at: Ukraine, 02091, Kyiv, Kharkivske shose, building 170-B, apartment 66 (hereinafter referred to as the "Fund"), represented by President Oleksandr Melnychuk, acting on the basis of the Statute, to enter into a contract for the provision of a charitable donation (hereinafter referred to as the "Contract") under the terms described in this Offer with each Donor who approaches.
Terms and Definitions:
Public Offer – a valid proposal from the Fund posted on the site: https://fondunity.com regarding the provision of a charitable donation aimed at an indefinite circle of individuals and legal entities.
Acceptance – the full and unconditional acceptance of the Offer by performing actions aimed at making a monetary transfer using payment forms and methods available on the site as well as transferring funds to the Fund’s current account through banking institutions. The Offer is considered accepted from the date the funds are credited to the Fund's current account. Acceptance signifies the Donor’s acceptance and agreement with all provisions of the Offer and the Contract, and, accordingly, the conclusion of this Contract between the Fund and the Donor.
Charitable Donation – a gratuitous transfer of funds by the Donor to the Fund for subsequent transfer to Beneficiaries for the achievement of specific charitable activity goals defined in the Statute or programs of the Fund, in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations," the Statute of the Fund, and this Contract.
Donor — a capable individual or legal entity that has accepted the Offer.
Subject of the Contract:
The subject of this contract is the gratuitous and voluntary transfer from the Donor to the Fund of monetary funds through voluntary donations for the realization of the statutory goals and activities of the Fund, as well as for the provision of charitable assistance by the Fund in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations," and the Fund's programs.
The scope and amount of charitable donations are determined by the Donor independently at their discretion.
The Fund independently determines the directions for using the charitable donation within its statutory activities unless otherwise specified by the Donor in the manner defined by this Contract.
At the Donor's request, they may specify the intended purpose of the charitable donation by selecting from the programs (projects) or goals announced by the Fund.
The parties confirm that fulfilling the conditions of the Offer does not aim to obtain profit or any benefits for either party.
The parties confirm that obtaining profit (directly or indirectly) by the parties is not the subject of the Offer.
Acceptance of this Public Offer by the Donor is made by paying the Charitable Donation.
Acceptance of the Offer:
By accepting the Offer, the Donor indicates that they agree with all the terms of the Offer that they have reviewed on the website https://fondunity.com. Furthermore, by accepting the Offer, the Donor fully understands and agrees with the subject of this Contract, the goals of the public fundraising, and also confirms the Fund's right to use part of the Charitable Donation for administrative expenses of the Fund, in an amount not exceeding that specified in the Law of Ukraine "On Charitable Activities and Charitable Organizations."
The parties agree that upon acceptance of the Offer, this Contract is concluded in written form in accordance with Articles 207, 639, 641, and 642 of the Civil Code of Ukraine and Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations." The parties agree that after acceptance, not signing this Contract as a separate document does not invalidate this Contract.
Rights and Obligations of the Fund:
The Fund has the right to:
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Receive charitable donations and use them in accordance with the subject and conditions of this Contract and the Statute of the Fund;
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Change the directions of using the charitable donation within its statutory activities without the Donor's consent;
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Use part of the charitable donation for the Fund’s administrative expenses without the Donor's consent, in an amount not exceeding that provided by the legislation of Ukraine.
The Fund is obligated to:
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Use the received charitable donations in accordance with the subject and conditions of this Contract and the Statute of the Fund;
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Report on the use of charitable donations in the manner defined by this Contract;
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Keep confidential information (including personal data) received from the Donor and not disclose it to third parties without the Donor's consent, except as established by the Offer and applicable legislation of Ukraine.
Rights and Obligations of the Donor:
The Donor has the right to:
· Transfer a voluntary charitable donation to the Organization's account in the manner specified in the Contract;
· Contact the Organization to obtain a report on the use of charitable donations by the Organization;
The Donor is obligated to:
· Familiarize themselves in detail and attentively with all the rules and conditions of the Offer and accept them when making a charitable donation, as well as with all additional rules governing the relations between the Parties in accordance with the Offer.
Place and Terms of Receiving Charitable Donations:
The public collection of donations is conducted on the territory of any country in the world in the manner provided by Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations." The direct activity of the Organization related to the public collection of donations under the Contract is carried out at the location of the Organization.
The public collection of charitable donations based on this Contract is carried out throughout the entire duration of the Fund's activity until its termination unless otherwise determined by the decision of the competent management bodies of the Fund, about which the Donor will be informed by posting relevant information on the site: https://fondunity.com.
The Donor consents that in case of non-implementation of projects or presence of surpluses, such donation amounts shall not be returned and will be used for the statutory activities of the Fund.
Procedure for Using Charitable Donations:
The use of collected charitable donations under the Contract is carried out in accordance with the purposes, goals, directions, and tasks of the Fund's activities as defined in its Statute.
The charitable donations received by the Fund may be returned to the Donor in cases provided for by the legislation of Ukraine.
Liability of the Parties:
In case of non-fulfillment or improper fulfillment of their obligations stipulated in the Offer, the Parties are liable in accordance with the current legislation of Ukraine and the terms of this Offer.
The Organization is not liable in case of actions/inactions of third parties that prevent the Organization from fulfilling its obligations under the Offer.
Reporting on the Use of Charitable Donations:
Access to reports on the use of charitable donations by the Fund is provided to the Donor upon their written request. Other information is provided by the Fund in the manner and within the timeframes specified by the current legislation of Ukraine.
The Fund may publish reports on the use of charitable donations on its official website.
All costs for the payment of sums (commissions, fees, taxes, etc.) related to the transfer and crediting of the charitable donation are borne by the Donor.
Term of the Offer and Procedure for Making Amendments and Additions:
The public offer takes effect from the moment of its posting on the Site and is valid until the liquidation of the Fund, unless a different term is determined by the Fund. The provisions of this paragraph also apply to additions (changes) to the Offer.
The Fund has the right to change the terms of the Public Offer without the Donor's consent. The Fund reserves the right to unilaterally change the terms of the Offer at any time, without any restrictions, by publishing a new version of the Offer on the Site.
The Donor is obligated to independently monitor changes in the terms of the Offer by familiarizing themselves with the current new (actual) version on the Site.
Confidentiality and Protection of Personal Data:
By accepting the Offer, the Donor confirms that they are familiar with Appendix 1 to this Contract and provides their consent to the collection, processing, and use of personal data in the manner specified in Appendix 1 to this Contract.
The Fund collects and processes the Donor's personal data for the purpose of fulfilling its obligations under the Offer and in accordance with the Law of Ukraine "On Personal Data Protection."
The Donor agrees that after entering their information during the charitable donation process, or subscribing to the Organization's news on the Site, they may receive reports on the results of public collections and the use of charitable donations by the Organization, letters, and notifications, including in electronic form.
The Fund undertakes not to disclose the email address and other information about donors to third parties, except in cases provided by current legislation of Ukraine.
The Fund is not responsible for the disclosure of personal data resulting from unlawful actions of third parties or in case such disclosure occurred with the Donor's consent.
Information about the Fund:
CHARITABLE ORGANIZATION "CHARITY FUND "COMMUNITY UNITY"
Ukraine, 02091, Kyiv, Kharkivske shose, building 170-B, apartment 66.
EDRPOU code 39056806
IBAN UA703052990000026006005002679
Version of the Offer dated October 25, 2024
President Oleksandr Melnychuk
Is a non-profit organization.
Appendix 1
to the Public Contract (offer) on providing charitable donations
Confidentiality and Protection of Personal Data of Donors
I, the Donor, who has accepted the Public Offer for making a charitable donation to the CHARITABLE ORGANIZATION "CHARITY FUND "COMMUNITY UNITY"," in accordance with the Law of Ukraine "On Personal Data Protection," consciously and voluntarily provide the CHARITABLE ORGANIZATION "CHARITY FUND "COMMUNITY UNITY"," hereinafter referred to as the "Fund," my consent to the automated as well as non-automated processing (including collection, accumulation, storage, and use) of my personal data, namely: surname, first name, patronymic, passport data, registration number of the taxpayer's card, photograph or other image record, contact number, email address, data regarding my place of residence, and other information voluntarily provided by me for the purposes of processing, for the purpose of ensuring the implementation of civil and legal, and economic-legal relations; administrative, tax relations, relations in the field of accounting; relations in the field of statistics; and ensuring the realization 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 acts of Ukraine, the Statute of the Fund, and other local acts of the Fund.
By this document, I also consent to the transfer (dissemination) of my personal data included in the Fund's database of counterparties, exclusively for the aforementioned purpose and in the manner defined by the Law of Ukraine "On Personal Data Protection" and local acts of the Fund that establish the procedure for processing and protecting personal data. I do not require notification about the transfer (dissemination) of my personal data included in the specified database to third parties if such transfer (dissemination) occurs in my interests for the purpose of realizing the aforementioned legal relations.
By signing this consent-notice, I confirm that I have been informed in writing about the inclusion of my personal data in the database of the Fund's counterparties, the purposes of processing personal data (according to the purpose stated in this document), and the persons to whom my personal data will be transferred, as well as about my rights as provided by Article 8 of the Law of Ukraine "On Personal Data Protection," according to which the subject of personal data has the right to:
1) know about the location of information containing their personal data, its purpose and name, location and/or place of residence (stay) of the owner or manager of personal data, or to give appropriate instructions regarding obtaining this information to persons authorized by them, except in cases established by law;
2) receive information about the conditions for accessing personal data, including information about third parties to whom their personal data is transferred;
3) access their personal data;
4) receive a response about whether their personal data is stored in the relevant database, no later than thirty calendar days from the date of the request, except in cases provided by law, and also receive the content of their personal data that is stored;
5) present a motivated demand to the owner of personal data objecting to the processing of their personal data;
6) present a motivated demand for the amendment or destruction of their personal data by any owner and manager of personal data if this data is processed unlawfully or is inaccurate;
7) protect their personal data from unlawful processing and accidental loss, destruction, damage in connection with intentional concealment, failure to provide, or untimely provision of such data, as well as protection against the provision of information that is inaccurate or dishonors the honor, dignity, and business reputation of an individual;
8) appeal against the processing of their personal data to state authorities and officials whose powers include ensuring the protection of personal data, or to the court;
9) apply legal remedies in case of violations of personal data protection legislation;
10) make reservations regarding the restriction of the right to process their personal data when providing consent;
11) withdraw consent to the processing of personal data;
12) know the mechanism of automated processing of personal data;
13) protect against automated decisions that have legal consequences for them.
This consent-notice is valid for an indefinite period.