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PUBLIC OFFER
CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION ‘POSMISHKA UA'”
on receiving charitable assistance by beneficiaries

1. GENERAL PROVISIONS

1.1. This agreement of the Charitable Organization “Charitable Foundation ‘Posmishka UA'” on the receipt of charitable assistance by beneficiaries (hereinafter referred to as the “Agreement”) is a Public Offer and is concluded between the Beneficiary and the Charitable Organization “Charitable Foundation ‘Posmishka UA'”, registration code 38664889, (hereinafter referred to as the “Organization/Donor”), with the subject and essential terms of the Agreement specified below.

1.2. A response agreeing to enter into the Agreement under conditions different from those proposed by the Organization shall be considered a rejection of this Offer and simultaneously a new offer to the Organization from the Beneficiary who made such a proposal.

1.3. The period for providing a response (acceptance) and the validity period of this Offer shall be considered valid throughout the time the Organization carries out its statutory (charitable) activities until its liquidation, in accordance with the current legislation of Ukraine.

1.4. The Agreement is considered concluded from the moment the Organization receives a response accepting this Offer through the submission of an Application for determining the category of a person in need of charitable assistance (hereinafter referred to as the “Application”) in electronic or written form.

2. TERMS USED IN THE AGREEMENT

2.1. Public Offer – the current proposal of the Organization for providing charitable assistance (in the form of funds, property (goods), property/rights, work, services) aimed at a defined circle of Beneficiaries – natural persons, as specified in the Organization’s Statute and posted on the Organization’s website.

2.2. Acceptance – full and unconditional acceptance of the Offer by the Beneficiary through the submission and sending of the Application, the electronic form of which is posted on the Organization’s Website, or by filling out the Application in written form and submitting it to a representative of the Organization. The Offer is considered accepted from the moment the Organization receives and processes the respective Application.

2.3. Charitable Assistance – gratuitous transfer by the Organization of funds and/or property (goods) into the ownership of the Beneficiary, gratuitous transfer of rights of use and other property rights over assets and property rights, gratuitous provision of services and work performance for the benefit of the Beneficiary in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations” and the Organization’s Statute, in a procedure specifically determined by the Organization/Donor to achieve the goals and implement the objectives of its statutory (charitable) activities, as well as fulfilling the terms of this Agreement.

2.4. Donor – the Organization that, based on principles of voluntariness, irrevocability, and gratuity, carries out individual and collective charitable activities in areas defined by the Organization’s Statute, based on the Law of Ukraine “On Charitable Activities and Charitable Organizations” and the Organization’s Statute in a manner and under conditions independently approved by the Organization.

2.5. Beneficiary – a recipient of charitable assistance; within the meaning of this Agreement, a natural person who receives and uses charitable assistance from the Organization in the form of funds, property (goods), property rights, work, and services under conditions and in a manner independently approved by the Organization, in accordance with the current legislation of Ukraine and the Organization’s Statute.

2.6. Application for Determining the Category of a Person in Need of Charitable Assistance – a form reflecting information about a natural person, enabling the Organization to assign them the status of a Beneficiary, determine the type of charitable assistance needed by the Beneficiary, and ensure that such assistance aligns with the fields of charitable activity within which the Organization carries out its statutory (charitable) activities.

2.7. Application for Determining Needs – a form reflecting information about the type and amount of charitable assistance in the form of property (goods) that a Beneficiary (natural person) needs to receive.

2.8. Other definitions used in this Offer text are applied and understood by the Parties as defined in the Civil Code of Ukraine, the Tax Code of Ukraine, and the Law of Ukraine “On Charitable Activities and Charitable Organizations” dated July 5, 2012, No. 5073 (hereinafter – Law No. 5073).

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement is the gratuitous and voluntary transfer of charitable assistance from the Organization to the Beneficiary in the form of funds and/or property (goods), rights of use, and other property rights over assets and property rights, the gratuitous provision of services and work performance for the benefit of the Beneficiary in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations”.

3.2. Charitable assistance in the form of funds, whether in cash or non-cash form, as well as in the form of property (goods), is provided by the Organization to the Beneficiary based on this Agreement and an act of transfer of funds/property.

3.3. Charitable assistance (funds) in the national currency (hryvnia) in non-cash form is transferred to the Beneficiary’s bank account, as specified by the Beneficiary in the Application.

3.4. Charitable assistance (funds) in the national currency (hryvnia) in cash form, as well as charitable assistance in the form of property (goods), is provided by an authorized person of the Organization at the location and during the period determined by the Organization. Information regarding the time and place of the distribution of charitable assistance (funds) is communicated in advance by the Organization to the Beneficiaries. In case the Beneficiary cannot personally receive the charitable assistance in cash and/or in the form of property (goods), it may be issued to their legal representative and/or an authorized representative.

3.5. The amount of funds and/or the type, name, and quantity of property (goods) to be provided to the Beneficiary is determined by the Organization according to the needs of the Beneficiary, as specified by the Beneficiary in the Application for Determining Needs, as well as the conditions of charitable programs, projects, grants, considering the financial and other material and organizational capabilities of the Organization, based on principles of fairness and reasonableness.

3.6. Charitable assistance in the form of work performance and/or provision of services to the Beneficiary is carried out by the Organization through the engagement of business entities (contractors, service providers) on a contractual basis for the direct performance of a specific type of work/provision of a specific type of service for the Beneficiary and subsequent payment by the Organization in the manner and under conditions stipulated in contracts with contractors/service providers.

3.7. The provision of charitable assistance in the form of the gratuitous transfer by the Organization of rights of use and other property rights to the Beneficiary is based on agreements concluded between the owners of property rights, the Organization, and the Beneficiary or based on agreements concluded between the Organization and the Beneficiary (in cases where the Organization is itself the owner of such rights).

  1. FINAL PROVISIONS

6.1. Charitable activities will continue until the Organization decides to terminate them, about which Beneficiaries will be informed by posting relevant information on the Organization’s Website.

6.2. Any disputes arising in connection with the conclusion and execution of this Agreement or related to it shall be resolved through negotiations between the Parties. If a dispute cannot be resolved through negotiations, it will be resolved in court under the established jurisdiction and according to the current legislation of Ukraine.

CONSENT-NOTIFICATION FOR THE COLLECTION, PROCESSING, AND USE OF PERSONAL DATA

I, the Beneficiary, who has accepted the Public Offer on providing charitable assistance to beneficiaries by the CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION ‘POSMISHKA UA'” (hereinafter referred to as the Organization), consciously and voluntarily grant my consent to the Organization in accordance with the Law of Ukraine “On Personal Data Protection” for the automated and non-automated processing (including collection, accumulation, storage, and use) of my personal data (including collection, accumulation, storage, and use) of my personal data (last name, first name, patronymic, registration number of the taxpayer’s account card, contact number, email address, and other data), voluntarily provided by me when requesting charitable assistance.

By signing this consent-notification, I confirm that I have been informed in writing about the inclusion of my personal data in the Organization’s Beneficiaries database, the purpose of processing personal data, as well as my rights, as provided in Article 8 of the Law of Ukraine “On Personal Data Protection”:

  • To know the sources of collection, location of my personal data, the purpose of their processing, the location or place of residence (stay) of the controller or processor of personal data or to instruct authorized persons to obtain this information, except for cases established by law;
  • To receive information about the conditions of access to personal data, including information about third parties to whom my personal data are transferred;
  • To access my personal data;
  • To receive a response within the period established by the legislation of Ukraine regarding whether my personal data are processed, as well as to receive the content of such personal data;
  • To present a reasoned request to the data controller objecting to the processing of my personal data;
  • To present a reasoned request for the modification or destruction of my personal data by any controller and processor of personal data if these data are processed illegally or are inaccurate;
  • To protect my personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or delay in providing them, as well as to protect against the provision of information that is inaccurate or damages the honor, dignity, and business reputation of an individual;
  • To file complaints about the processing of my personal data to the Commissioner or the court;
  • To apply legal remedies in case of a violation of the legislation on personal data protection;
  • To make reservations regarding the restriction of the right to process my personal data when giving consent;
  • To withdraw consent to the processing of personal data;
  • To know the mechanism of automatic processing of personal data;
  • To protection from an automatic decision that has legal consequences for me.

Moreover, according to Article 307 of the Civil Code of Ukraine, I, the Beneficiary, who has accepted the Public Offer on providing charitable assistance to beneficiaries by the CHARITABLE ORGANIZATION “CHARITABLE FOUNDATION ‘POSMISHKA UA'” (hereinafter referred to as the Public Offer, Organization), consciously and voluntarily grant my consent to the Organization to conduct photo and video recording for the purpose specified in clause 4.4 of the Public Offer.

The consent to conduct photo and video recording may be withdrawn by the Beneficiary by notifying the Organization at the email address childsmile.zp@gmail.com.

This consent-notification remains valid indefinitely.