Public offer agreement for a charitable donation

This public offer for a charitable donation (hereinafter referred to as the Offer) addressed to an indefinite number of persons - to individuals and legal entities (hereinafter referred to as Philanthropist) who are visitors to the website on the Internet: https://yourhelpfund.org.ua (hereinafter referred to as Website.), and is an official and public offer

Charitable Foundation "Your Help SA"

(Identification code of the legal entity: 41450301),

in the person of the head Igor Viktorovich Timkoacting on the basis of the Charter (hereinafter referred to as Foundation),

to conclude a charitable donation agreement (hereinafter referred to as Contract), the subject matter and material terms of which are set forth below:

1. TERMS AND DEFINITIONS

1.1. Public offer (Offer) - a valid offer of the Foundation posted on the Website to make a charitable donation addressed to to an unlimited number of peopleincluding the Benefactor.

1.2. Acceptance - full and unconditional acceptance Public Offer by performing actions to make a money transfer using payment forms or means posted on the Website, as well as by transferring funds to the Fund's current account through banking institutions. The moment of Acceptance shall be the date of crediting the funds to the bank account of the Fund.

1.3. Charitable donation - free transfer The Benefactor shall transfer the funds to the Foundation for further use to achieve the goals set by The Charter of the Fund and/or its programs, in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations" and this Agreement.

1.4. Benefactor - a legally capable individual or legal entity that voluntarily carries out one or more types of charitable activities and has accepted this Offer.

2. SUBJECT OF THE CONTRACT

2.1. The subject matter of this Agreement is a free and voluntary transfer by the Donor to the Foundation by way of a charitable donation to support the statutory activities of the Foundation, which are implemented through the Restoration Project aimed at providing assistance to orphans, children deprived of parental care, children affected by war, as well as representatives of other socially vulnerable categories of the population. The Foundation's charitable activities are carried out in accordance with the Law of Ukraine "On Charitable Activities and Charitable Organizations" and the Foundation's Charter.

2.2. The amount of the charitable donation is determined by the Donor independently.

2.3. The subject matter of this Agreement shall not be profit (direct or indirect) for either party.

3. ACCEPTANCE

3.1 Acceptance of the Offer means that the Donor agrees to all the terms of this Agreement, understands and agrees that the donation will be used to achieve the goals set forth in the Charter of the Foundation. The text of the Charter may be reviewed by the Benefactor by sending a request to the Foundation's e-mail address (see Section 11).

3.2. The Donor is fully aware and agrees that the Foundation has the right to use part of the charitable donation for administrative expenses in the amount not exceeding the limits established by the legislation of Ukraine.

3.3 In accordance with Articles 207, 639, 641, 642 of the Civil Code of Ukraine and Articles 6, 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations", from the moment of Acceptance, this Offer shall be deemed to be a written Agreement between the parties. Failure of the parties to comply with the written form does not entail its invalidity.

4. RIGHTS AND OBLIGATIONS OF THE FUND

4.1 The Fund has the right to:

- receive Charitable Donations and use them in accordance with the subject matter and terms of this Agreement;

- upon prior agreement with the Donor, change the use of the donation if it is intended for a specific project (within the same charitable program), in the cases specified in clause 8.3 of this Agreement;

- without additional agreement with the Benefactor to direct a part of the charitable donation to cover administrative expenses of the Fund to the extent established by the legislation of Ukraine.

4.2. The Fund is obliged to:

- annually publish reports on the use of the donations raised in electronic form on the Website (if any) or in any other public way provided for by law;

- to use the donations received exclusively for the purposes set forth in the Foundation's Charter.

5. RIGHTS OF THE BENEFACTOR

The benefactor has the right:

- to control the targeted use of charitable donations in accordance with the procedure established by the legislation of Ukraine;

- in accordance with the procedure established by law, change the beneficiaries (recipients) of a charitable donation in case the Foundation violates the purposes, terms or procedure for using such a donation.

6. PLACE OF PUBLIC FUNDRAISING

Public collection of charitable donations is carried out in any country of the world. Direct activities for collecting donations under this Agreement shall be carried out at the location of the Foundation and/or through the Website (if the Website is used to accept donations).

7. DEADLINE FOR COLLECTING DONATIONS

Public collection of donations continues indefinitelyuntil the termination of the Fund's activities (liquidation) or until other circumstances determined by the Fund or the legislation of Ukraine.

8. PROCEDURE FOR USING CHARITABLE DONATIONS

8.1. The charitable donations collected under this Agreement shall be used in accordance with the statutory purposes of the Foundation.

8.2. Benefactor or persons authorized by him/her have the right to control the targeted use of a charitable donation in accordance with the procedure established by the legislation of Ukraine.

8.3. If the fundraising for a particular project, charity event or activity (within a particular charity program) is terminated, exhausted or becomes irrelevant, the Foundation has the right to allocate the remaining funds to another project or activity within the same charity program without additional agreement with the Donor.

8.4. Changing the purpose or procedure for using a charitable donation is possible with the consent of the Donor or its successors, as well as on the basis of a court decision or in cases determined by the legislation of Ukraine, except for the situations described in clause 8.3 hereof.

8.5. Return of donations may be made by the Foundation to the Benefactor only in cases stipulated by the legislation of Ukraine. 

8.6. Responsibility of the parties for violation of this Agreement or the procedure for using charitable donations shall be determined by the current legislation of Ukraine.

9. PROCEDURE FOR PUBLIC ACCESS TO FINANCIAL STATEMENTS

9.1. Access to the financial statements of the Fund is realized through annual posting of such reports on the Website (if any) or in another public way provided for by law.

9.2. Other information may be provided by the Fund in accordance with the procedure and within the time limits established by the legislation of Ukraine.

10. 10. OTHER TERMS AND CONDITIONS

10.1. All expenses related to the transfer and crediting of a charitable donation (bank fees, etc.) shall be borne by the Donor.

10.2. By making the Acceptance, the Donor confirms that he/she is familiar with the terms of Annex 1 to this Agreement regarding the collection and processing of his/her personal data and agrees to such collection and processing.

10.3. Benefactor agrees that after entering information about himself/herself on the Website and/or in the registration forms of the Fund, his/her contact information may be used by the Fund to send letters or notifications, including in electronic form. At the same time, the Fund undertakes not to transfer contact information to third parties, except as expressly provided for by the legislation of Ukraine. Also, with the separate additional consent of the Benefactor, his/her surname, name and patronymic may be published in the media or on the official online resources of the Foundation.

11. LOCATION AND BANK DETAILS OF THE FUND

Charitable Foundation "YOUR HELP SA"

Identification code: 41450301

Location of the legal entity:

Ukraine, 60024, Chernivtsi region, Dnister district, Malyntsi village, 15 Kobylyanska str.

Bank details:

- Name of the recipient: BECAUSE YOUR HELP IS HELPING UAF

- Recipient code (EDRPOU): 41450301

- Recipient's account (IBAN): UA913052990000026004041810571

- Name of the bank: JSC CB PrivatBank

Director

Igor Viktorovich Tymko

 

APPENDIX No. 1 to the Public Offer Agreement for a charitable donation

(Regarding the collection and processing of the Benefactor's personal data)

1. CONSENT TO THE PROCESSING OF PERSONAL DATA

The Benefactor, by accepting the Offer (by transferring funds or filling out the appropriate forms on the Foundation's Website), in accordance with the Law of Ukraine "On Personal Data Protection", provides To the charity fund "Your Help SA" (hereinafter referred to as the Fund) its voluntary and unconditional consent to the collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer) and destruction of its personal data (hereinafter referred to as the Processing) for the purposes set forth in this Annex.

2. COMPOSITION OF PERSONAL DATA

The donor agrees to the processing of such personal data as may be provided by him/her when making a donation:

- Surname, name and patronymic (if any).

- Contact information (phone number, e-mail address).

- Bank details and payment information (amount of donation, date and time of transaction, type of payment system), except for confidential payment information (e.g., full card number), which is processed directly by payment systems.

- Data collected automatically (IP address, browser information, location) used for the correct operation of the Website and statistics.

- Other informationprovided by the Benefactor voluntarily.

3. PURPOSE OF DATA PROCESSING

The processing of the Donor's personal data is carried out solely for this purpose:

- Proper fulfillment of the terms of the Agreement public offer and compliance with the requirements of Ukrainian legislation on charitable activities and reporting (in particular, keeping records of charitable donations).

- Communication with the Benefactor (providing information about the Foundation, sending reports on the use of donations, as well as information and/or advertising materials of the Foundation - in accordance with clause 10.3 of the Offer).

- Maintaining internal statistics and analytics of the Fund.

- Public disclosure of information about the Benefactors (FULL NAME) - only with the separate additional consent of the Benefactor.

4. RIGHTS OF THE BENEFACTOR

The Benefactor confirms that he/she has been notified of his/her rights as a personal data subject in accordance with Article 8 of the Law of Ukraine "On Personal Data Protection", namely

- Know about the sources of collection and location of your personal data.

- Receive information on the conditions for granting access to personal data.

- Submit a reasoned request to the Fund with an objection to data processing.

- Submit a reasoned request to change or destroy the data.

- Withdraw consent to the processing of personal data.

- Exercise other rights provided for by the legislation of Ukraine.

5. STORAGE AND OPENING CONDITIONS

- The Foundation undertakes to take the necessary measures to protect personal data from unauthorized access, alteration, disclosure or destruction.

- Personal data may be disclosed to to third parties (e.g., banks, payment systems, auditors) only in cases provided for by the legislation of Ukraine or if necessary for the Fund to fulfill its statutory purposes.

- Data retention period is determined in accordance with the requirements of the current legislation and the Fund's statutory documents.

This Appendix No. 1 shall enter into force simultaneously with the Public Offer Agreement.

It will be an integral part of the main Agreement, and its acceptance (Acceptance) will be confirmed by the actions of the Benefactor as described in the Offer.