on granting charitable donations (free transfer of property, funds) for public (charitable) purposes
Supplement No. 1
This offer is addressed to an indefinite number of natural persons and legal entities (hereinafter referred to as the Benefactor) – visitors to website of the Public Association VOLUNTEER CENTER “ON THE WAVE” in the Internet: https://onthewave.com.ua/ (hereinafter referred to as the Website), and is treated as official and public proposal of the Public Association VOLUNTEER CENTER “ON THE WAVE” (USREOU code 44747538), represented by Malyarov Oleksii Yuriiovych, the Chairman, acting on the grounds of the Articles of Association, to enter into a charitable donation agreement (hereinafter referred to as the Agreement), subject and terms whereof are listed below:
- Terms and definitions:
Public Offer shall mean a valid offer of the Association, posted on the Website, on granting charitable donation, addressed to an unlimited number of persons, including the Benefactor.
Acceptance shall mean full and unconditional acceptance of the Public Offer by making actions regarding cost remittance by using payment forms and funds posted on the Website, as well as by means of cost remittance to the current account of the Association through banking institutions. The moment of Acceptance shall be the date of cost remittance and/or crediting of funds to the bank current account of the Association.
Charitable Donation shall mean a gratuitous transfer of funds by the Benefactor in ownership of the Association in order to achieve certain, pre-determined goals of activity, in accordance with the Agreement and the Law of Ukraine “On Public Associations”.
- Subject of the Agreement:
The subject of this Agreement shall be gratuitous and voluntary transfer of funds by the Benefactor in ownership of the Association in, by means of voluntary donations for the purpose of statutory activities conducted by the Association.
The Benefactor shall determine independently the amount of the charitable donation.
Subject of this Agreement is not the receipt of profit directly or indirectly by any Party to the Agreement.
- Acceptance of the Offer shall mean that the Benefactor agrees with all its provisions, has studied the Articles of Association, as posted in e-form on the Association’s Website, is fully aware of and agrees with the subject of the Agreement, for the purpose of public donations and the Association’s right to use the Benefactor’s Charitable Donation for administrative expenses borne by the Association, in the amount not more than prescribed by the legislation of Ukraine.
- Both the Benefactor and the Association, guided by Article 207, Part 2 Article 639, Articles 641, 642 of the Civil Code of Ukraine, hereby agree that from the moment of Acceptance this Agreement shall be deemed as concluded in writing. However, the Parties hereby agree that failure of the Parties to comply with the written form of the transaction shall not mean its invalidity.
- Rights and responsibilities of the Association:
5.1. The Association has the right:
- To receive Charitable Donations and to use them in accordance with subject and terms of this Agreement;
- To change directions of using the donation within the limits of the Statutory activity of the Association without the Benefactor’s consent;
- Without the Benefactor’s consent, to use share of the Charitable Donation for administrative expenses of the Association, in an amount not more than prescribed by the legislation of Ukraine.
5.2. The Association is obliged:
- In case of using the donation contrary to the purposes of this Agreement, to return funds to the Benefactor upon its written application.
- Rights of the Benefactor:
- To exercise control over the targeted use of Charitable Donations;
- Place of public fundraising:
Public collection of donations shall be held in any country of the world. Direct activity of the Association related to the public collection of donations under the Agreement shall be carried out under location of the Association.
- Fundraising period:
Public collection of donations shall last until the Association is wound-up, unless otherwise specified by the Association.
- Procedure for using charitable donations:
Charitable Donations collected under the Agreement shall be used carried out in accordance with goals of the Association. The Association shall dispose of Charitable Donations at its own discretion. Charitable Donations received by the Association may be returned to the Benefactor only in cases provided by the legislation of Ukraine. Liability of the Parties for violation of this Agreement or the procedure for using Charitable Donations is prescribed by the current legislation of Ukraine.
- The Benefactor or persons authorized thereby shall have the right to control over the targeted use of the Charitable Donation.
- Procedure for general access to the Association’s financial statements:
Access to the Association’s financial statements shall be provided by the Benefactor upon its written request.
Other information shall be submitted by the Association in the manner and within the term prescribed by the legislation of Ukraine.
- All expenses for payment of amounts (commission fees) related to remittance and enrollment of donations shall be borne by the Benefactor.
- By means of the Acceptance, the Benefactor hereby confirms that it has studied and agrees with terms of Annex No. 1 to this Agreement regarding personal data collection and processing.
- The Benefactor hereby agrees that, having entered its personal data during the Charitable Donation, having subscribed to the Association’s news or having logged-in on the Website by e-mail address or contact phone number of the Benefactor, the Association may send mails and messages, including advertising, and the Association shall have the right, without the Benefactor’s consent, to publish on the Website or in any mass media surname, name and patronymic or commercial name of the Benefactor as the Benefactor of the Association. However, the Association undertakes not to pass e-mail addresses and other information about the Benefactors to third parties, unless otherwise prescribed by the current legislation of Ukraine.
Supplement No. 1
to the Donation Agreement between the Benefactor and the PUBLIC ASSOCIATION VOLUNTEER CENTER “ON THE WAVE”
on personal data processing
By accepting the Public Offer on granting charitable donations, posted on the website of the Public Association VOLUNTEER CENTER “ON THE WAVE” in the Internet: https://onthewave.com.ua/ in accordance with the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated June 1, 2010, hereby I give my consent to the Public Association VOLUNTEER CENTER “ON THE WAVE” (hereinafter referred to as the Association) for processing and use in the prescribed manner of my personal data (name of the database: PA “Ukrainian Volunteer Service”) in order to implement statutory activities of the Association, to involve persons in activities in accordance with the Articles of Association and the legislation of Ukraine, in scope necessary for implementation of the above goal of personal data processing.
Furthermore, hereby I give my consent that my personal data may be transferred/disseminated/disclosed to third parties (including for the purpose of their further processing and use) due to exercise of competence within activities between me and the Association.
In addition, hereby I give my consent that access to my personal data may be granted to third parties at their request, provided that such persons undertake to secure compliance with the Law of Ukraine “On Personal Data Protection” in the manner prescribed by Article 16 of the Law of Ukraine “On Personal Data Protection”.
In case of changing my personal data, hereby I undertake to provide to PA “Ukrainian Volunteer Service” as soon as possible the updated information and to submit the appropriate original documents for entering my new personal data into the partners’ personal database.
By accepting the Public Offer on granting charitable donations, posted on the website of the Public Association VOLUNTEER CENTER “ON THE WAVE” in the Internet: https://onthewave.com.ua/, hereby I confirm that I have received a notification about entering my personal data into the personal database in order to implement statutory activities of the Association, to involve persons in activities in accordance with the Articles of Association and the legislation of Ukraine, as well as data about the rights, as determined by the Law of Ukraine “On Personal Data Protection”.