Terms of Use of the donation portal Darujme.cz

Terms of Use of Darujme.cz

These Terms of Use of the donation portal Darujme.cz, hereinafter referred to as “the Terms”, regulate relationships during provision, collection and administration of donations between the donation portal operator being Via Foundation, ID No.: 673 60 114, with its registered seat at Dělnická 1324/9, Holešovice, 170 00 Prague 7, hereinafter referred to as “Via Foundation”, and a party interested in acquiring funds for charitable purposes, hereinafter referred to as “the Beneficiary”; as well as relationships between Darujme.cz and a donor, hereinafter referred to as “the Provider”; and finally relationships between the Beneficiary and the Provider. Any user registered at the donation portal Darujme.cz and using the donation portal´s services – hereinafter referred to as “the User” – may but is not obliged to be also the Provider or the Beneficiary´s representative. The Provider is not obliged to be a registered User of the donation portal. Darujme.cz is operated on behalf of Via Foundation by VIA Association; ID No.: CZ27013812, with its registered seat at Prague 7, Holešovice, Dělnická 1324/9, VAT No. CZ27013812 – hereinafter referred to as “the Administrator”.

I. General Provisions

Via Foundation is a non-political, independent, non-profit legal entity focused exclusively on charitable goals. Its mission is to support and strengthen active public participation in the development of democratic society in the Czech Republic. To fulfill its mission, Via Foundation:

  1. supports partnerships between the public, private and non-profit sector, citizen participation in public affairs and local problem-solving approaches that are based on community-wide involvement;
  2. strengthens non-profit organizations’ ability to help improve life in the communities in which they operate;
  3. serves the philanthropic needs of corporate and individual donors to help these donors become responsible members of their communities;
  4. helps donors decide on direct allocation of their donations to ensure that use of such donations complies with Via Foundation’s mission.

Via Foundation fulfills the above mentioned mission through the operation of the donation portal Darujme.cz providing the Providers with a comprehensive overview of opportunities to support non-profit sector or charitable activities, as well as humanitarian, cultural, environmental and other projects operated by non-profit organizations and enabling the Providers to send donations to these non-profit organizations. Via Foundation is not a business entity pursuant to S. 2 of the Commercial Code.

The User agrees that its relationship with Via Foundation is governed by the provisions of these Terms, unless agreed otherwise.

The Provider agrees that its relationship with Via Foundation and the Beneficiary is governed by the provisions of these Terms, unless agreed otherwise.

The Beneficiary agrees that its relationship with Via Foundation and the Provider is governed by the provisions of these Terms, unless agreed otherwise.

II. Provision and Administration of Donations

Provision of Donations

Via Foundation shall act solely as intermediary in the provision of donations through the donation portal and based on a contract concluded with the Beneficiary, it shall ensure acceptance and transfer of the given donation to the Beneficiary´s bank account.

The Provider shall send donations to the Beneficiary through the donation portal operated by Via Foundation in the manner and pursuant to the Beneficiary´s Donations Policy.

The following list includes the most used methods of the provision of donations pursuant to the Beneficiary´s Donations Policy:

  1. Donation – Based on the provision of donation, i.e. once the donation is credited to the relevant bank account as stipulated therein, a donation agreement is concluded. Its content is the provision of a donation to the Beneficiary identified by the Provider and its acceptance by the Beneficiary, whereas these Terms shall become part of the agreement.
  2. Public collection – Once the donation is credited to the Via Foundation´s account, the donation is provided to the specific public collection of the Beneficiary pursuant to the specifications made by the Provider.

Together with the donation, the Provider transfers to Via Foundation all data necessary for the donation transfer to the intended Beneficiary or to the specified public collection, or data to be listed on the Donation Receipt. These data mainly include identification of both the Provider and the Beneficiary, or its specified public collection, typically using a variable symbol which the Provider may find on www.darujme.cz. Relationships arising out of the personal data processing performed by Via Foundation within the user account or the Collector’s accounts shall be governed by a separate personal data processing agreement.

By providing the donation, the Provider also confirms to have read and accepted these Terms and provided the donation in accordance therewith. The Provider also confirms that the data provided are true and that he or she is the provider of the donation as well as the entitled Beneficiary of Donation Receipt for tax purposes.

By providing the donation, the Provider further declares that the provided funds are of legal sources.

The Provider acknowledges that provision of the donation does not mean any transfer of rights to use trademarks, business names, corporate logos or any other item being the intellectual or industrial property of Via Foundation, the Beneficiary or other parties.

The Provider may donate using one of payment methods enabled through the donation portal Darujme.cz, mainly the following:

  1. Electronic transfer to the Administrator’s bank account,
  2. On-line credit card payment, and
  3. “Quick transfer” using PayU.

Administration of Donations

Via Foundation has established a special fund to operate the donation portal, hereinafter referred to as the “Fund”. The Fund is not an independent legal entity and therefore does not hold any legal status. It ensures administration of donations provided by the Providers using the donation portal and distribution of donations to the Beneficiaries pursuant to the Providers´ specifications. Statutes of the Fund described herein are to be found on www.darujme.cz.

Via Foundation accepts donations provided using the donation portal to a special bank account and store these donations separately from other funds until administered in compliance therewith.

Regarding the addressee of the donation, Via Foundation is bound by the Provider’s instructions. Via Foundation therefore undertakes to transfer the received donation within the deadline stipulated in the intermediary agreement concluded with the Beneficiary to the Beneficiary’s bank account indicated by the Provider, with the Beneficiary submitting information on the purpose of the donation, or its determination into a particular public collection.

If the Provider does not provide data needed to deliver the donation to the Beneficiary, Via Foundation shall take steps to obtain the missing information. If these efforts are in vain, Via Foundation shall return the donation back to the Provider. Any donation that fails to be returned to the Provider or that is not refundable remains in the Fund and shall be used to cover the donation portal’s operating costs.

All Beneficiaries being bearers of these projects are responsible for meeting all legal and official conditions for the collection of funds for public benefit purposes for individual projects. Similarly, these Beneficiaries are responsible for the use of the donation in accordance with its general benefit purpose set by the Provider and in accordance with their own policies and the purpose of the program, project, public collection, etc.

Via Foundation is not liable for damages incurred out of the violation of any legal regulations, these Terms or contracts by any Provider or Beneficiary.

Donation Receipt

The Provider is entitled to deduct value of the donation or contribution to a public collection from its tax assessment base provided that the conditions of Act No. 586/1992 Coll., on Income Tax, as amended – hereinafter the “Income Tax Act”, are met.

Via Foundation shall send to the Provider a donation receipt (such receipt may not be used for tax purposes) via e-mail with a note stating that the donation receipt usable for tax purposes is to be provided by the Beneficiary. The Provider may subsequently request the donation receipt from the Beneficiary.

The deduction-related conditions pursuant to the Income Tax Act are as follows:

Conditions for natural persons, including employees (as given by S. 15(1) of the Income Tax Act): Natural persons (including employees) may deduct the value of donations provided from their tax assessment base if the total value of donations provided in the tax period (calendar year) exceeds 2 percent of the tax assessment base or equals to at least CZK 1,000. A maximum of 10 percent of the tax assessment base may be deducted in total. Self-employed individuals apply tax deduction for donations within their tax returns. Employees who file their own tax returns apply the deduction similarly as self-employed individuals – i.e. within their own tax returns. Employees whose tax returns are filed by their employers submit donation receipts to their employer´s wage department once a year, no later than by February 15, for the entire preceding year. The tax assessment base reduction subsequently shows within a higher pay-check, as a rule in March.

Conditions for legal entities (as given by S. 20(8) of the Income Tax Act): Legal entities may deduct the value of donations provided from their tax assessment base if the total value of donations provided equals to at least CZK 2,000. A maximum of 5 percent may be deducted from the reduced tax assessment base in total. Taxpayers that were not established for business purposes are not eligible. To be eligible for tax purposes, the donations provided must equal to at least CZK 2,000.

IV. Coverage of the Donation Portal´s Costs

Via Foundation is entitled to reduce the donation provided by an amount corresponding to the costs (especially banking charges) incurred by Via Foundation in terms of acceptance, administration and transfer of donations.

Any additional charges that arise between acceptance of the donation to the Via Foundation´s bank account and its transfer to the Beneficiary’s bank account shall not be transferred and serve to cover costs associated with performing Via Foundation´s duties.

V. Final Provisions

The User, the Provider and the Beneficiary agree that Via Foundation is authorized to perform its obligations thereunder through the Administrator.

These Terms may be downloaded in electronic form on www.darujme.cz. These Terms shall take effect and force on the day of May 25, 2018. Via Foundation is authorized to modify and supplement these Terms, with such modifications and supplements being effective when published on www.darujme.cz, unless Via Foundation stipulates otherwise. 

Information on the Personal Data Processing

How it works

Darujme.cz is a donation portal operated by Via Foundation (“we” or “our foundation”). Its purpose is to provide non-profit organizations (“organizations”) with a space for fundraising to various philanthropic, charitable or public benefit projects, and donors with a simple and safe way to donate.

Through Darujme.cz, you can contribute to a specific organization and its projects. You choose a project, enter an amount of your donation, and fill in basic information about yourself. By clicking on the donation button (usually labeled as “Donate”, but sometimes also as “Contribute”, “Support”, etc.), you pledge to donate to the non-profit organization you have chosen. Once the non-profit organization you have chosen receives your donation to its bank account, a donation agreement is concluded by and between you and the organization. Our foundation intermediates the donation, provides information about you and your donation to the organization being a contractual party of the donation agreement, in particular to be able to thank you and inform you about the use of your donation, book your donation, and provide you with a deductible donation receipt. Donation payments are accepted and distributed to organizations through the Fund founded by our foundation to pursue this purpose. The Fund has no legal subjectivity and is governed by our foundation.

Darujme.cz also allows registration of user accounts. Users can track their donations and edit certain data in their accounts. Users can also support philanthropic, charitable and public benefit projects at Darujme.cz by sharing them and supporting them through so-called peer to peer campaigns. Such a user is called an ambassador.

User account is also required for access if you are an administrator of an organization registered in Darujme.cz.

Learn how we process your personal data if you are:

DONOR

Data Controller

The Operator and Controller of personal data collected through Darujme.cz is VIA Foundation, ID No.  67360114, with its registered seat at: Dělnická 1324/9, Holešovice, 170 00 Prague 7, registered in the Foundation Register maintained by the Municipal Court in Prague N 395.

Why we process your personal data

We use personal information primarily to intermediate the donation process between you and the selected organization and to transfer the donation to the organization. We receive payment information from payment institutions. This processing takes place in order to fulfill the donation agreement, which you conclude when providing the donation directly with the organization that you have decided to support. Our foundation acts as an intermediary of the donation process.

If you provide your donation at the call of the ambassador, we will disclose your name and the amount of the donation to him or her. The processing is to pursue legitimate interest of third parties – the ambassadors.

We further process personal data to pair donation payments. If the payment is incorrectly identified (for example, a variable symbol is missing), we can use recent historical information to pair the payment and contact you to verify your donation payment. This prevents us from returning incorrectly identified payments to ensure the maximum comfort for you and the organizations. The processing is performed to pursue a legitimate interest of the Controller.

Due to legitimate interest of the Controller, we also process your personal data for statistics and archiving purposes, should any disputes or complaints arise.

Legal regulations further require us to archive certain personal and other data especially for bookkeeping purposes, such as your first name, last name, address, amount of donation.

How do we share your personal data with organizations?

We transfer your personal data exclusively to the organization you supported with your donation. The organization is a contractual party to the donation agreement that you enter into through Darujme.cz. We provide organizations with your contact and identification data and information about the donation and its payment. Organizations are also deemed controllers of your personal data, meaning they have their own privacy policy. Our foundation is not responsible for how the organization handles your personal data, but we hold them responsible in terms of each project to inform donors about the personal data processing (note. It is usually limited to the conclusion of donation agreement, sending you a donation thank-you note and informing you about the use of your donation).

Some organizations may require additional personal data in their donation forms and so may be the personal data controllers. Our foundation does not use such data; we only store them to fulfill functions of the system. If you provide us with your consent to personal data processing during the donation process, it is your consent provided to the organization. The organizations are responsible for setting these consents. We recommend you to get acquainted with how the organization processes donor’s personal data before you donate.

Who else may access your personal data?

We provide your name and the amount of donation to the ambassador if you have supported his or her project.

Otherwise, we only make your personal data accessible to trusted processors.

Where we store personal data

We use secure electronic storages located in the member states of the European Union. This is important because EU countries provide a united high level of personal data protection. This enhances your data security.

Personal data retention period

Information about each donation are archived for 3 calendar years from its provision, should any claim or dispute arises, and subsequently anonymized. If you have donated more than once using Darujme.cz, we archive only donations provided in the last 3 years, unless required otherwise by the law. For a limited period of time, archived data can be used to pair payments.

Personal data related to regular donations are retained for three years after the last payment received.

I am also a user, is the donation administration any different?

Information about your donations automatically appears in your user account and is not limited by the 3-year archiving period. You can display the entire history of your donations provided in your user account unless it had been deleted before you created the user account.

Your rights

In accordance with legal regulations, you have the right to obtain from us the provision of information or performance of certain personal data operations. Our organization is responsible for handling requests related to personal data processing during the donation process, as described therein. If your request relates to personal data processing performed by a specific organization, please contact the organization directly.

  • Right to access:You have the right to receive a copy of the personal data we store about you and to certain information about how we use it.
  • Right to rectification: If you believe the information you provided us with is inaccurate, you may obtain its update or rectification.
  • Right to object:  You have the right to object to the processing we perform to pursue legitimate interest. You may, for example, ask us no to disclose your name to the ambassador. If we do not demonstrate compelling legitimate grounds for the processing, we will not further process your personal data for that purpose.
  • Right to data portability:Under certain circumstances, you have the right to obtain from us the provision of your personal data in a machine-readable format. For example, you may obtain a list of donations you provided via Darujme.cz. You can also have those data transferred to a third party.
  • Right to erasure: Under certain circumstances, you have the right to obtain from us the erasure of your personal data, for example, if your personal data are no longer necessary for the original purposes. However, this must be balanced with regard to other factors and our legal obligations.
  • Right to restriction of processing:Under certain circumstances, you have the right to obtain from us the discontinuation of the use of your personal data, for example if you believe the data are inaccurate or if you believe that it is no longer necessary to continue to use your personal information.

The request may be submitted only by you or your representative. If we are not sure of the applicant’s identity, we may ask you to provide further information to verify your identity.

In certain cases, our obligation to comply with the request depends on the purpose for which we process your data. Some rights can only be exercised for certain processing purposes, or there are exceptions.

How to exercise your rights

Regarding your personal data processing or requests for the exercise of your rights, you may contact us at: podpora@darujme.cz.

If you are not satisfied with our response or believe that we process your personal data incorrectly or illegally, you may file a complaint with the Office for Personal Data Protection. For more information on the Office for Personal Data Protection and its complaints procedures, please visit: www.uoou.cz.

USER

Data Controller

The Operator and Data Controller in terms of the administrator´s user accounts is VIA Foundation, ID No.  67360114, with its registered seat at: Dělnická 1324/9, Holešovice, 170 00 Prague 7, registered in the Foundation Register maintained by the Municipal Court in Prague N 395.

Why we process your personal data

The information about all donations you have provided using Darujme.cz throughout the duration of your user account is stored in your user account. When you create new user account, we also upload the donations you have provided using Darujme.cz in the last 3 years if they have the same email address as you used to register your new user account.

If you are logged in to Darujme.cz and want to donate, we automatically pre-fill out your identification and contact details on the donor form to make the process as easy as possible.

Using your user account, you can share certain projects and set up a peer to peer campaign for the organizations. This will make you a project ambassador and you can promote the project among your community and set goals for how much you want to help to contribute to the project. Your account includes information about donations provided by donors for your peer to peer campaign.

We process personal data based on your consent. You can revoke your consent at any time by canceling your user account.

Our system may retain certain technical information about how you use our service, such as logs. We process this information to secure our systems. This processing is based on the legitimate interest of our foundation as the Controller.

With whom we share personal information

We only make your personal data accessible to trusted processors. You always control where and how you publish your ambassador projects – peer to peer campaigns.

Where we store your personal data

We use secure electronic storages located in the member states of the European Union. This is important because EU countries provide a united high level of personal data protection. This enhances your data security.

Personal data retention period

We retain information in your user account and about you throughout the duration of the account. If you cancel your account, we delete its content within 1 month. Deletion of backup is subject to backup retention periods. Technical information on the use of the system is retained for a maximum of 6 months. Information about the donations you have provided is retained in accordance with the archiving times for donations provided. For more information, see the section “DONOR”.

Your rights

In accordance with legal regulations, you have the right to obtain from us the provision of information or performance of certain personal data operations.

  • Right to withdraw your consent:  We process personal data in the user account based on your consent. You have the right to withdraw your consent at any time. Cancellation of your user account is deemed as a withdrawal of your consent. If you withdraw your consent for certain personal information only, it may negatively influence the operations of your user account.
  • Right to erasure: Under certain circumstances, you have the right to obtain from us the erasure of your personal data, for example, if your personal data are no longer necessary for the original purposes or if you have withdrawn consent to their processing.
  • Right to access:You have the right to receive a copy of the personal data we retain about you and to certain information about how we use it.
  • Right to rectification:  If you believe the information you provided us with is inaccurate, you may obtain from us its update or rectification.
  • Right to data portability:You have the right to obtain from us the provision of your personal data in a machine-readable format. For example, you may obtain a list of donations you provided via Darujme.cz. You can also have those data transferred to a third party.
  • Right to restriction of processing: Under certain circumstances, you have the right to obtain from us the discontinuation of the use of your personal data, for example if you believe the data are inaccurate or if you believe that it is no longer necessary to continue to use your personal information.
  • Right to object:  You have the right to object to the processing we perform to pursue legitimate interest.

The request may be submitted only by you or your representative. If we are not sure of the applicant’s identity, we may ask you to provide further information to verify your identity.

In certain cases, our obligation to comply with the request depends on the purpose for which we process your data. Some rights can only be exercised for certain processing purposes, or there are exceptions.

How to exercise your rights

Regarding your personal data processing or requests for the exercise of your rights, you may contact us at: podpora@darujme.cz.

If you are not satisfied with our response or believe that we process your personal data incorrectly or illegally, you may file a complaint with the Office for Personal Data Protection. For more information on the Office for Personal Data Protection and its complaints procedures, please visit: www.uoou.cz.

ADMINISTRATOR OF AN ORGANIZATION

Data Controller

The Operator and Data Controller of the organizations´ administrators is VIA Foundation, ID No.  67360114, with its registered seat at: Dělnická 1324/9, Holešovice, 170 00 Prague 7, registered in the Foundation Register maintained by the Municipal Court in Prague N 395.

Why we process your personal data

We process your personal data to fulfill the contract we have concluded with your organization, as a rule for mutual communication, and to allow you a secure access to administer your organization in the Darujme.cz system. The Darujme.cz database records activity in user accounts, for example through logs, to ensure system security.

We process personal data due to the legitimate interest pursued by the Controller.

With whom we share personal information

We only make your personal data accessible to trusted processors.

Where we store your personal data

We use secure electronic storages located in the member states of the European Union. This is important because EU countries provide a united high level of personal data protection. This enhances your data security.

Personal data retention period

We process your personal data for as long as you are an administrator of your organization’s user account.  We can retain a communication with you for a longer period of time to perform a contract concluded with you organization or logs to ensure system security.

What if I am an Ambassador or want to become an Ambassador?

In your user account, you can activate all features as any other user of the system – for example, to set up a peer to peer campaign.

If you are no longer an administrator of your organization, your user account stays retained but all administrator accesses are removed.

Your rights

In accordance with legal regulations, you have the right to obtain from us the provision of information or performance of certain personal data operations.

  • Right to access:You have the right to receive a copy of the personal data we store about you and to certain information about how we use it. This right may be restricted to protect the information of third parties.
  • Right to rectification:  If you believe the information you provided us with is inaccurate, you may obtain from us its update or rectification.
  • Right to object: You have the right to object to the processing we perform to pursue legitimate interest. If we do not demonstrate compelling legitimate grounds for the processing, we will not further process your personal data for that purpose.
  • Right to erasure: Under certain circumstances, you have the right to obtain from us the erasure of your personal data, for example, if your personal data are no longer necessary for the original purposes. However, this must be balanced with regard to other factors.
  • Right to restriction of processing:Under certain circumstances, you have the right to obtain from us the discontinuation of the use of your personal data, for example if you believe the data are inaccurate or if you believe that it is no longer necessary to continue to use your personal information.
  • Right to data portability: This right is not applicable to you because it applies only to personal data processing due to performance of a contract or based on your consent. We do not process personal data this way.

The request may be submitted only by you or your representative. If we are not sure of the applicant’s identity, we may ask you to provide further information to verify your identity.

In certain cases, our obligation to comply with the request depends on the purpose for which we process your data. Some rights can only be exercised for certain processing purposes, or there are exceptions.

How to exercise your rights

Regarding your personal data processing or requests for the exercise of your rights, you may contact us at: podpora@darujme.cz.

If you are not satisfied with our response or believe that we process your personal data incorrectly or illegally, you may file a complaint with the Office for Personal Data Protection. For more information on the Office for Personal Data Protection and its complaints procedures, please visit: www.uoou.cz.

List of Processors

In order to ensure operation of the donation portal Darujme.cz and to perform contractual obligations between Via Foundation, the Beneficiaries and the Providers, Via Foundation uses the following processors:

  • Sdružení VIA, z.ú.– with its registered seat at Dělnická 1324/9, Prague 7 Holešovice, 170 00, ID No. 27013812, to administer the Darujme.cz system, register and administer organizations and to process queries from organizations and donors.
  • AmazonWeb Services, Inc. – with its registered seat at 410 Terry Avenue North, Seattle, WA 98109-5210 USA, for the purpose of technical processing and storage of data collected through the donation portal Darujme.cz and the operation of technical solution.
  • manGoweb, s.r.o.– with its registered seat at K Rovinám 538/17, Prague 5 Jinonice, 15800, ID No. 24694401, for the purpose of development and technical management of Darujme.cz.
  • The Rocket Science Group, LLC (Mailchimp)– with its registered seat at 675 Ponce de Leon Ave NE, Suite 5000, Atlanta, GA 30308 USA, for the purpose of operational communication with organization´s administrators, in particular to notify them of changes in terms and conditions, new features, or modifications of the system functionalities, etc.; further to notify system users of changes in terms and conditions; and for the purpose of sending bulk notifications to donors, users and administrators resulting from statutory duties of the Controller.

DARUJME.CZ IS USED BY

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