PUBLIC AGREEMENT (OFFER) ON THE PROVISION OF A CHARITABLE DONATION

This Public offer for the provision of a charitable donation (hereinafter – Offer) is aimed at an indefinite circle of individuals (hereinafter – Benefactor) and is a public proposal of the CHARITABLE ORGANIZATION “CHARITABLE FUND BGV” (hereinafter – Fund) to conclude an agreement for the provision of a charitable donation under the conditions specified below.

1. Definitions used in the Agreement:

A Public Offer is a valid proposal of the Fund published on the website https://bgvfund.org/ for the provision of a charitable donation directed at an indefinite circle of individuals.

Accepting is the complete and unconditional acceptance of the Offer by taking actions to make a money transfer using payment forms and means published on the website and by transferring money to the Fund’s current account through banking institutions. The Offer is considered as accepted from the date the money is credited to the Fund’s existing account.

A Charitable Donation is a gratuitous transfer of funds by the Benefactor to the ownership of the Fund to achieve specific goals of charitable activities, as provided in the Charter and/or charitable programs of the Fund, in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Charter of the Fund, and this Agreement.

A Benefactor is a capable individual who voluntarily engages in one or more types of charitable activities. For the purposes of this Agreement, a Benefactor is an individual who has accepted the Offer.

A Beneficiary is the recipient of charitable assistance receiving help from one or more Benefactors to achieve goals defined by the Law of Ukraine “On Charitable Activities and Charitable Organizations” and the Fund’s Charter.

2. The Subject of the Agreement

The Subject of this Agreement is the gratuitous and voluntary transfer of monetary funds by the Benefactor to the ownership of the Fund by making a charitable donation to ensure the provision of charitable assistance by the Fund in accordance with the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Charter, and charitable programs of the Fund, etc. Except for cases where the Benefactor makes a charitable donation for pre-agreed purposes (for a specific charitable project), the Fund independently determines the scope and directions of using the charitable donation in accordance with its statutory activities and Fund programs.

In the event that the Benefactor makes a charitable donation for purposes specified by them (within a specific charitable project implemented by the Fund), the Fund uses such donation for those purposes (specific charitable project), independently determining the procedure and directions for using the charitable donation within such charitable project.

The performance of this Agreement by the parties is not intended to generate profit or any benefits for either of the parties.

3. Goals and Fields of Charitable Activities

The goals and fields of charitable activities of the Fund are defined by the Law of Ukraine “On Charitable Activities and Charitable Organizations,” the Law of Ukraine “On Humanitarian Aid,” the Charter, and charitable programs of the Fund.

4. Accepting

By accepting the Offer, the Benefactor indicates that they agree with all the terms of the Offer, which they have become acquainted with on the website https://bgvfund.org/. In addition, by accepting the Offer, the Benefactor fully understands and agrees to the subject of this Agreement and the goals of public fundraising and confirms the right of the Fund to use a portion 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 from the moment the Benefactor accepts the Offer, this Agreement is concluded in writing 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.” At the same time, the parties agree that after accepting the Offer, the non-signing of this Agreement as a separate document does not invalidate this Agreement.

5. Rights and Obligations of the Fund

The Fund has the right to:

• Receive Charitable Donations and use them in accordance with the subject and conditions of this Agreement and its statutory activities.
• Use a portion of the Charitable Donation for administrative expenses of the Fund in an amount not exceeding that provided by the Law of Ukraine “On Charitable Activities and Charitable Organizations.”

The Fund is obligated to:

• Report on the use of Charitable Donations by publishing relevant information on the website: https://bgvfund.org/. 
• In case of using Charitable Donations not for their intended purpose or in violation of the conditions of this Agreement, return the money in the amount used not for the intended purpose upon the written demand of the Benefactor.

6. Rights of the Benefactor

The Benefactor has the right to:

• Exercise control over the Fund’s use of the Charitable Donation for its intended purpose.
• Demand in writing that the Fund returns the Charitable Donation in case of discovering facts of its use by the Fund, not for its intended purpose.

7. Location of Public Fundraising

Public fundraising of Charitable Donations is carried out within the territory of any country in the world. The Fund’s direct activities related to public fundraising are conducted at the Fund’s location.

8. Duration of Fundraising

Public fundraising of Charitable Donations continues until the cessation of the Fund’s activities (including liquidation) unless another term is determined by the decision of the Fund, about which the Benefactor will be notified by relevant information published on the website: https://bgvfund.org/ 

9. Procedure for the Use of Charitable Donations

The use of Charitable Donations is carried out to achieve the goals defined by the statutory activities of the Fund and the current legislation of Ukraine, in particular, the Law of Ukraine “On Charitable Activities and Charitable Organizations.” 

The Fund uses Charitable Donations in accordance with its statutory activities and Fund programs.

In the event that the Benefactor makes a charitable donation for purposes specified by them (within a specific charitable project implemented by the Fund), the Fund uses such donation for those purposes (specific charitable project), independently determining the procedure and directions for using the charitable donation within such charitable project.

Charitable Donations the Fund receives may be returned to the Benefactor only in cases provided by Ukraine’s legislation and this Agreement.

10. Fund’s Responsibility

The Fund is responsible for violating the conditions of this Agreement and using Charitable Donations contrary to the order provided by the Fund’s statutory activities and the legislation of Ukraine, in accordance with the current legislation of Ukraine.

11. Expenses related to the transfer of Charitable Donations (commissions for money transfers, etc.) are borne by the Benefactor.

By accepting the Offer, the Benefactor confirms that they are familiar with Appendix 1 to this Agreement and gives their consent to the collection, processing, and use of personal data in the manner provided in Appendix 1 to this Agreement.

12. The Benefactor consents that after providing information about themselves on the website https://bgvfund.org/ and making a money transfer, their contact information may be used by the Fund for sending letters and notifications, including electronically. The Fund undertakes not to provide information about the contact details of the Benefactor to third parties except as directly provided by Ukraine’s legislation. In addition, the Benefactor gives their consent that the Fund may use that information about them (including surname, name, patronymic) in mass media or on the Fund’s website: https://bgvfund.org/. 
13. Changes to the Terms of the Public Offer

The Fund has the right to make changes to this Public Offer. All changes will be published on the website https://bgvfund.org/ and take effect from the moment of their publication.

Upon the entry of changes to the terms of the Public Offer into force, the consent of the Benefactor is not required.

14. Other Provisions

The competent court in case of disputes between the Fund and the Benefactor will be the competent court at the location of the Fund.

 

Appendix 1 

to the Public Offer 

for Charitable Donation

 

CONSENT NOTIFICATION

on the Collection, Processing, and Use of Personal Data

I, the Benefactor, who has accepted the Public Offer of the CHARITABLE ORGANIZATION “CHARITABLE FUND BGV” for a charitable donation in accordance with the Law of Ukraine “On Personal Data Protection,” consciously and voluntarily give the CHARITABLE ORGANIZATION “CHARITABLE FUND BGV,” hereby – “Fund,” my consent to the automated, as well as non-automated (including collection, accumulation, storage, and use) processing of my personal data, namely: surname, name, patronymic, passport details, taxpayer identification number, photograph, or other image recording, contact details, email address, data on the place of residence, and other data voluntarily provided by me for processing for the purpose of implementing civil and economic relations; administrative-legal, tax relations, accounting relations; relations in the field of statistics; and ensuring the implementation 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 legal acts of Ukraine, the Charter of the Fund, and other local acts of the Fund.

By this document, I also consent to the transfer (dissemination) of my data included in the database of personal data of the Fund’s contractors, exclusively for the purpose specified above and in the manner determined by the Law of Ukraine “On Personal Data Protection” and the local acts of the Fund, which establish the procedure for processing and protecting personal data. I do not require notification of the transfer (dissemination) of my personal data included in the specified database of personal data to third parties if such transfer (dissemination) is carried out in my interests to implement the legal relations mentioned above.

By signing this consent notification, I confirm that I have been informed in writing about my data being included in the database of personal data of the Fund’s contractors, the purpose of processing personal data (according to the purpose stated in this document), and the persons to whom my personal data is transferred. I am also informed about my rights provided for in Article 8 of the Law of Ukraine “On Personal Data Protection,” according to which the personal data subject has the right to:

1) know the location of information containing their personal data, its purpose, and the name, location and/or place of residence (stay) of the owner or controller of personal data or to date a relevant power of attorney to obtain this information by authorized persons, except as provided by law;

2) receive information about the conditions for access to personal data, in particular, information about third parties to whom their personal data is transferred;

3) access to their personal data;

4) receive a response as to whether their personal data is stored in the relevant database of personal data and receive the content of their personal data stored no later than thirty calendar days from the date of receipt of the request, except as provided by law;

5) present a motivated request to the owner of personal data with a refusal to process their personal data;

6) present a motivated request to change or destroy their personal data by any owner and controller of personal data if this data is processed illegally or is inaccurate;

7) protect their personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-provision, or untimely provision, as well as protection from providing information that is inaccurate or disgraces the honor, dignity, and business reputation of an individual;

8) appeal with complaints about the processing of their personal data to state authorities and officials authorized to ensure the protection of personal data, or to court;

9) apply legal remedies in case of violation of the legislation on the protection of personal data;

10) make reservations regarding the restriction of the right to process their personal data when giving consent;

11) revoke consent to the processing of personal data;

12) know the mechanism of automatic processing of personal data;

13) protect against automated decisions that have legal consequences for them.

This consent notification is valid indefinitely.