Terms of Use

These Terms of Use of the Darujme.cz Donation Portal, hereinafter “Terms”, pertaining to the provision, collection and administration of donations, set forth the conditions of the relationship between the donation portal operator, which is the Via Foundation, Business Identification No.: 673 60 114, with Registered Seat at Prague 1, Jelení 195/9, hereinafter “the Via Foundation”, and the party interested in acquiring funds for charitable purposes, hereinafter the “Recipient”; and also of the relationship between Darujme.cz and the provider of the donation, hereinafter the “Provider”; and finally of the relationship between the Recipient and the Provider; and further pertain and describe the manner of handling personal data of the users registered on the Darujme.cz portal and using the services offered by the portal, hereinafter the „User“. The User may but is not obliged to be also the Provider or the Recipient´s representative. The Provider is not obliged to be a registered User of the portal. The Donation Portal Darujme.cz is run for the Via Foundation run by VIA Association; Business Identification No.: CZ27013812, with Registered Seat at Prague 7, Dělnická 9, hereinafter “the Administrator”.

I.

General provisions

The Via Foundation is a non-political, independent, non-profit legal entity which serves only charitable goals. The foundation’s mission is to support and strengthen active public participation in the development of democratic society in the Czech Republic. To fulfill its mission, the 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 their communities;
  3. serves the philanthropic needs of corporate and individual donors to help these donors become responsible members of the communities in which they operate;
  4. helps donors decide on direct allocation of charitable gifts to ensure that use of such gifts complies with the foundation’s mission.

The Via Foundation’s fulfillment of this mission includes operation of the Darujme.cz Donation Portal, through which the foundation presents Providers with a comprehensive overview of ways to support the non-profit sector, charitable activities, and humanitarian, cultural, environmental and other projects run by non-profit organizations and enables Providers to provide donations to these non-profit organizations. The Via Foundation is not a business entity pursuant to S.2 of the Commercial Code.
The User agrees that its relationships to the Via Foundation shall be governed by the provisions of these Terms, unless agreed otherwise.

The Provider agrees that its relationship to the Via Foundation and to the Recipient shall be governed by the provisions of these Terms, unless agreed otherwise.

The Recipient agrees that its relationship to the Via Foundation and to the Provider shall be governed by the provisions of these Terms, unless agreed otherwise.

II.

Confidentiality and Protection of Personal Data

The Via Foundation shall be required to manage the Provider’s and the User´s personal data in compliance with Act No. 101/2000 Coll., on the Protection of Personal Data, as amended – hereinafter the “Act on Personal Data Protection”.

All information and personal or corporate data provided to the Via Foundation by the User during the registration and using the portal Darujme.cz shall be confidential. The Via Foundation obliges to process the User’s personal data solely for the purpose of correct and full provision of services offered by Darujme.cz.

The User shall be required to notify the Via Foundation without delay of any changes to its personal or data that could affect performance of the Via Foundation’s responsibilities.

Should the User give the Via Foundation its consent to processing of its personal data for the purpose of additional provision of information about the donation portal and about opportunities for further cooperation, the VIA Foundation obliges to use these data solely for these purposes and in the scope necessary for these purposes. Such consent shall also include the Provider’s consent to provision of the User’s personal data solely for these purposes and in the scope necessary. Such consent shall be valid for the entire operation of the Darujme.cz donation portal. The User shall be entitled to state that it objects to processing of personal data. Such objection may be expressed in writing and delivered to the Via Foundation’s offices or sent via e-mail to: info@darujme.cz.

All information and personal or corporate data provided to the Via Foundation by the Provider during the provision of a donation shall be confidential. The Via Foundation obliges to process the Provider’s personal data solely for the purpose of performance of the contract with the Recipient and for the purpose of sending a donation receipt. Personal data shall not be provided to other parties with the exception of the Recipient identified by the Provider and with the exception of communicating the delivery name and address to the postal carrier in the case of sending a donation receipt, or in the case of other necessary communication with the Provider, and with the exception of communicating the Provider’s name and data to the bank upon its request for acceptance of MasterCard and VISA credit cards through the Internet public data network, or to another payment service provider in the scope necessary to execute the Provider’s order.

The Provider shall be required to notify the Via Foundation without delay of any changes to its personal or corporate data that could affect performance of the Via Foundation’s or the Recipient’s responsibilities.

Should the Provider give the Via Foundation its consent to processing of its personal data for the purpose of additional provision of information about the donation portal and about opportunities for further cooperation, and for the purpose of donor care, the Via Foundation obliges to use these data solely for these purposes and in the scope necessary for these purposes. Such consent shall also include the Provider’s consent to provision of the Provider’s personal data in the same scope and for the same purpose to the Recipient identified by the Provider in relation to the provided donation. Such consent shall be valid until five years from the last donation or until the Provider states that it objects to processing of personal data. Such objection may be expressed in writing and delivered to the Via Foundation’s offices or sent via e-mail to: info@darujme.cz.The Via Foundation is in this event obliged to notify also the Recipient of any such objection.

Via Foundation is authorized to process the personal data (given by Provider) through the Administrator (as the processor).

In regard to personal data processing, the Provider and the User shall be entitled to access its personal data, and above all shall have the right to information about processing of its personal data (S. 12 of the Act on Personal Data Protection) and the right to correct its personal data. Further, should the Provider believe that unauthorized processing of its personal data is taking place, the Provider shall be entitled to request an explanation and correction of the situation and to address the Office for Personal Data Protection (S. 21 of the Act on Personal Data Protection).

The Recipient shall be liable for protection and processing of personal data with which it has been provided.

III.

Provision and Administration of Donations and

Provisions of Donations

The Via Foundation shall act solely as intermediary in the provision of donations through the donation portal, whereby, on the basis of a contract with a specific Recipient, it shall provide acceptance and transfer of a given donation, to the account of the specific Recipient.

Donations shall be provided by Providers to individual Recipients through the donation portal operated by the Via Foundation in the manner and under the terms pursuant to fund collection rules established directly by individual Recipients.

The following is a list of the primary ways in which donations shall be provided, pursuant to the rules of specific Recipients:

  1. Donation – Provision of a donation, i.e. posting to the relevant account under the terms stipulated herein, signifies conclusion of a contract on provision of a donation to the Recipient identified by the Provider and acceptance of such donation by the Recipient, whereas these Terms shall become part of the contract.
  2. Public collection – As soon as the donation is posted to the account of the Via Foundation Donation Portal, the donation has been provided to a specific public collection of the Recipient pursuant to the specifications executed by the Provider.

Along with its donation, the Provider shall hand over to the Via Foundation all data necessary for the transfer of its donation to the intended Recipient or to the specified public collection, or data that it would like to have listed on the donation receipt. Such data mainly include identification of the Provider and of the Recipient, or its specified public collection, typically through the variable symbol that the Provider may find on the Internet site www.darujme.cz. Management of personal data shall be governed by Art. II herein.

By providing a donation the Provider also confirms that it has read and accepted these Terms and that the donation complies with them. The Provider also confirms that all data which it provided about itself are true and that it is the provider of the donation and the entitled recipient of the donation receipt for tax purposes.

By providing a donation the Provider also declares that the provided funds are of legal origin.

The Provider is aware that provision of the donation shall not entitle it to any rights to use trademarks, business names, corporate logos or any other item that is the intellectual or industrial property of the Via Foundation, the Recipient or other parties.

The Provider may provide a donation using one of the payment methods enabled through the DARUJME.CZ Donation Portal, including the following:

  1. electronic transfer to the operator’s bank account,
  2. on-line payment by credit card,
  3. electronic “quick transfer” through a tool PayU.

Administration of Donations

The Via Foundation has established a special fund for the purposes of operating the donation portal, hereinafter the “Fund”, which is not an independent legal entity and which therefore does not have any legal status; it was established by the Via Foundation and serves for the administration of donations provided by Providers through the donation portal and for their distribution to Recipients pursuant to specification by Providers. The statutes of the Fund described in this paragraph are accessible on the Internet site of the donation portal www.darujme.cz.

The Via Foundation shall accept donations provided through the donation portal on a special account separate from other funds and keep them on this special account until it administers them in compliance with these Terms.

The Via Foundation shall be obliged by the Provider’s order regarding the Recipient of the donation. Therefore the Via Foundation obliges to transfer the received donation without undue delay to the bank account of the Recipient indicated by the Provider, whereas information about the purpose of the donation shall also be provided to the Recipient, or information about its allocation to the specific collection for which it is intended.

Should the Provider fail to list data necessary for delivery of its donation to a specific Recipient, the Via Foundation shall take measures to obtain the missing information and should these efforts be in vain, the Via Foundation shall return the donation to the Provider. Should an effort to return a donation to a Provider fail, or if it shall not be possible to return a donation, such donation shall remain in the Fund and shall be used to help cover the operational costs of the portal.

Fulfillment of all legal and regulatory terms and conditions pertaining to collection of funds for charitable purposes for specific projects shall be the responsibility of the Recipients which manage such projects. These Recipients shall also be liable for use of the donation in compliance with the charitable goal stipulated by the Provider and in compliance with their own rules and the purpose of the given program, project, collection, etc.

The Via Foundation shall not be liable for damages incurred as a result of a violation of legal regulations, these Terms or contracts by any Provider or Recipient.

Donation Receipt

The Provider shall be entitled to deduct the value of a provided charitable gift or donation to a public collection from its tax assessment base under the assumption that the conditions of Act No. 586/1992 Coll., on Income Tax, as amended – hereinafter the “Income Tax Act”, have been met.

The Via Foundation shall send the Provider an e-mail donation receipt (such receipt may not be used for tax purposes) with a note stating that a donation receipt usable for tax purposes can be provided by the Recipient if desired by the Provider. The Provider may subsequently request a specific Recipient for such donation receipt.

The conditions governing deduction of a donation from the tax assessment base pursuant to the Income Tax Act are as follows:

Conditions for natural persons (including employees) (as given by S. 15(5) of the Income Tax Act): Natural persons (including employees) may deduct the value of charitable gifts from their tax assessment base if the total value of charitable gifts in the tax period (calendar year) exceeds 2 percent of the tax assessment base or equals at least CZK 1,000. A maximum of 10 percent from the tax assessment base may be deducted in total. Self-employed individuals apply the tax deduction for charitable gifts on their tax returns. Employees who file their own tax returns apply the deduction similarly to self-employed individuals – i.e. on their own tax returns. Employees whose taxes are filed by their employers submit donation receipts to their wage department once a year, no later than February 15th, for the entire preceding year. As a rule the March pay-check tax statement shows the reduction of the tax assessment base.

Conditions for legal entities (as given by S. 20(8) of the Income Tax Act): legal entities may deduct the value of charitable gifts from their tax assessment base if the total value of charitable gifts equals 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 for this deduction. To be eligible for tax purposes, then, a charitable gift must have a value of at least CZK 2,000.

IV.

Coverage of Portal Expenses

The Via Foundation shall be entitled to deduct from donations an amount corresponding to expenses incurred by the Via Foundation for acceptance, administration and sending of donations (mainly bank fees).

Our pricing

Any additions to the donation that arise from acceptance of the contribution to the Via Foundation´s bank account and its transfer to the Recipient’s account shall not be transferred and serve to pay expenses associated with fulfilling the Via Foundation´s obligations.

V.

Final provisions

The Use, the Provider and the Recipient agree that Via Foundation is authorized to perform its obligations under these conditions by the Administrator.

These Terms may be downloaded in electronic form on the website www.darujme.cz. These Terms shall take effect and force on the day of 24 February 2017. The Via Foundation shall be authorized to change and add to these Terms; such changes and additions shall become effective when they are posted on the Internet site www.darujme.cz, unless the Via Foundation stipulates otherwise.

DARUJME.CZ IS USED BY

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