This public offer for charitable contributions (hereinafter referred to as the Offer) is intended for a wide range of individuals and legal entities (hereinafter referred to as Donors) who visit the official website of the Charitable Foundation "BIG HEART OF UKRAINE" (hereinafter referred to as the Foundation) through the Internet portal https://bigheart.org.ua/ (the "Site") and express their desire to make a charitable contribution in accordance with this public offer (the "Charitable Contribution Agreement"). In this context, together with the text of the offer, they will be referred to as the "Parties", and separately as a "Party".
The text of the offer is an official proposal from the Foundation, executed by the founder of the organization, Semko Dmytro Mykolayovych, acting on the basis of the charter, to conclude a charitable contribution agreement (hereinafter - the "Agreement"), the content of which is indicated below.
1. 1. Understanding and terminology
1.1. A Public Offer is an active offer of the Foundation posted on the Website for the purpose of making a charitable contribution and is intended for a wide range of persons, including the Donor.
1.2. Acceptance means full acceptance of the Public Offer by taking appropriate actions to make a money transfer using the payment forms and means posted on the Website, as well as by transferring funds to the Fund's current account through banking institutions. The date of acceptance shall be the date when the funds are credited to the bank account of the Fund.
1.3. A charitable donation is a gratuitous transfer of funds by the Donor to the Foundation to achieve certain pre-established goals of the Foundation's activities, in accordance with the terms of the Agreement and in accordance with the laws of Ukraine, in particular, the Law "On Charitable Activities and Charitable Organizations".
2. Object of the transaction
2.1. The subject matter of this Agreement is a free and voluntary transfer of funds from the Donor to the Foundation by way of voluntary donations for the implementation of the statutory purposes and activities of the Foundation, as well as for the provision of charitable assistance by the Foundation in accordance with the legislation of Ukraine, in particular the Law "On Charitable Activities and Charitable Organizations", and the Foundation's programs.
2.2. The Philanthropist shall determine the amount and size of charitable donations at his/her own discretion.
2.3 The fulfillment of the terms of the Offer by the parties is not aimed at obtaining profit or any benefits for any of the parties.
2.4. The Parties confirm that making a profit, whether directly or indirectly, is not the subject of the Offer.
2.5. Acceptance of this Public Offer by the Benefactor is carried out through the payment of a charitable donation.
3. Acceptance of the offer is an act of confirmation of the Benefactor's consent to the terms and conditions set forth in the Public Offer and the performance of actions provided for by these terms and conditions.
3.1 Acceptance of the Offer (acceptance of the terms of the Offer) means that the Donor agrees to all the terms of the Offer. He/she is familiarized with the Foundation's Statute, which is available in electronic form on the Foundation's website, and fully understands and accepts the subject matter of the Agreement, its purpose and the goals of public charitable donations. The Donor also agrees that the Foundation has the right to use a part of the charitable donation for administrative expenses, but not more than provided by the legislation of Ukraine.
3.2. The Donor and the Foundation agree that in accordance with Articles 207, Part 2 of Article 639, as well as Articles 641 and 642 of the Civil Code of Ukraine, the Charitable Donation Agreement shall be deemed concluded from the moment of acceptance of the offer.
3.3. The Parties agree that failure to sign the written form of the Charitable Donation Agreement shall not invalidate it.
4. Rights and obligations of the Fund
4.1 The Fund has the right to:
4.1.1. Receive charitable donations and use them in accordance with the terms and conditions specified in the Public Offer and the Charitable Donation Agreement.
4.1.2. To modify the areas of use of the charitable donation within the framework of the Statutory Activities of the Foundation.
4.1.3. Use part of the charitable donation for the administrative expenses of the Foundation without the prior consent of the Donor, while complying with the restrictions established by the legislation of Ukraine.
4.2. The Fund is obliged to:
4.2.1. Create the necessary conditions for the Donor to make a charitable donation in accordance with the terms and conditions set forth in the Public Offer.
4.2.2 Use the charitable donations received to achieve the goals set forth in the Foundation's Charter.
4.2.3. To keep confidential information, including personal data received from the Benefactor, and not to transfer it to third parties without the Benefactor's consent, except as provided for in the Public Offer and the current legislation of Ukraine.
5. The rights and obligations of the Philanthropist.
5.1. The Donor has the right to:
5.1.1. To transfer a voluntary charitable donation to the Foundation's account in the manner specified in the Agreement.
5.1.2. Request the Foundation to provide a report on the use of charitable donations.
5.2. The Donor is obliged to:
5.2.1. Carefully read all the terms and conditions of the Offer and accept them when making a charitable donation, as well as all additional rules governing the relations of the Parties under the Offer.
6. The place and terms of receipt of charitable donations are determined in accordance with the terms and conditions set forth in the Public Offer and the Charitable Donation Agreement.
6.1. Public fundraising may be carried out in any country of the world in accordance with the requirements set forth in Article 7 of the Law of Ukraine "On Charitable Activities and Charitable Organizations". However, the Foundation's direct activities related to the public solicitation of donations under the Agreement are usually carried out at the location of the Foundation itself.
6.2. The public collection of donations shall continue until the liquidation of the Foundation, unless otherwise determined by the Foundation.
7. The procedure for making a charitable donation.
7.1. The Foundation shall provide the Donor with the opportunity to pay the Charitable Donation by electronic payment on the Website, by transferring funds to the Foundation's bank account. The Donor chooses the payment format at his/her own discretion: one-time or regular (with the possibility of canceling regular payments at any time).
7.2. The payment is considered to be made by the Donor at the moment of confirmation of the successful transaction by the bank or payment system. All expenses related to the payment of the donation amount shall be borne by the Donor.
7.3. A charitable donation paid by the Donor is non-refundable under any circumstances.
8. The procedure for using charitable donations:
8.1. The charitable donations received under the Agreement shall be used by the Foundation in accordance with the purposes set forth in its statutory activities. The Foundation shall have the right to dispose of charitable donations at its sole discretion, and the received charitable donations shall not be refundable. Liability for violation of the terms of this Agreement or the procedure for using charitable donations is determined by the requirements of the current legislation of Ukraine.
8.2. The donor or persons authorized by him/her shall have the right to control the targeted use of the charitable donation.
9. Responsibility of the Parties
9.1. In the event of non-fulfillment or improper fulfillment of their obligations under the Public Offer, the Parties shall be liable in accordance with the current legislation of Ukraine and the terms of this Offer.
9.2. The Fund shall not be liable in case of actions or omissions of third parties that led to the Fund's failure to fulfill its obligations under the terms of the Offer.
10. Confidentiality and protection of personal data
10.1. By making the Acceptance, the Benefactor confirms his/her familiarization with and consent to the collection and processing of his/her personal data.
10.2. The Foundation collects and processes the Donor's personal data in accordance with the purposes provided for in the Offer, as well as in accordance with the requirements of the Law of Ukraine "On Personal Data Protection".
10.3. The Donor agrees that after providing information about himself/herself when making a charitable donation, subscribing to the Foundation's news on the Website, he/she may receive reports on the results of public meetings and the use of charitable donations by the Foundation, letters and messages, including advertising.
10.4. The Foundation undertakes not to disclose the e-mail address and other information about the benefactors to third parties, except in cases provided for by the current legislation of Ukraine.
10.5. The Foundation is responsible for maintaining the confidentiality of the Donors' personal information and undertakes to take all necessary measures to prevent unlawful access to this data by third parties. In addition, the Foundation guarantees that any disclosure of personal information will be made only with the consent of the Donor. In this regard, our Foundation continuously monitors security systems to avoid any breaches of data security. We strive to ensure that information about our benefactors remains safe from any threats.
11. The validity period of the Offer. Procedure for making changes and additions
11.1. The Public Offer comes into force from the moment it is posted on the Website and is valid until the Fund is liquidated, unless another term is determined by the Fund. This provision also applies to any additions or changes to the Offer. However, it is important to note that any amendments to the Offer must be published on the Website of the specified Fund and shall take effect from the moment they are posted, unless otherwise provided in such amendments. This approach ensures transparency and accessibility of information for all interested parties.
11.2. The Foundation reserves the right to unilaterally change the terms of the Public Offer at any time, without any restrictions. This means that the Foundation may make changes to the terms of the Offer without the consent of the Donor. The amendments come into force from the moment they are published in a new version on the Foundation's Website. This approach allows the Foundation to adapt its terms and conditions to changes in legislation or business conditions, while ensuring transparency and informing all stakeholders.
11.3. The Benefactor shall be obliged to independently monitor changes in the terms of the Public Offer by familiarizing himself with the current new (current) version on the Foundation's Website. He/she should periodically check the Website in order to be aware of any changes that may affect his/her rights and obligations. This is important because changes in the terms and conditions may occur without direct notification to the Donor, and he/she should be informed about it to avoid possible misunderstandings or conflicts in the future.
12. Dispute Resolution Procedure
12.1. Disputes and disputes arising from the performance of the Charitable Donation Agreement concluded under the terms of the Offer shall be resolved through negotiations in writing between the parties. Such an approach promotes constructive conflict resolution and allows finding mutually beneficial solutions without involving third parties or judicial intervention. The founding position on written negotiations helps to avoid misunderstandings and preserve the partnership between the Foundation and the Benefactor.
12.2. The claim shall be submitted to the Party in writing by sending a registered letter with acknowledgment of receipt, within a period not exceeding ten (10) calendar days from the date of occurrence of the remarks that are the basis for the dispute or dispute. Upon receipt of the claim, the Party addressed to it shall have ten (10) calendar days to consider the claim and respond to it. Such a clear and fast procedure for reviewing claims contributes to the effective resolution of conflicts and ensures timely response to comments.
12.3. In case the Speakers fail to reach an agreement during the discussions in writing, the dispute shall be resolved in accordance with the procedures provided for by the applicable laws of Ukraine.
12.4. In all other respects not covered by this Proposal, the Reporters shall be guided by the relevant provisions of Ukrainian law.
13. Force majeure
13.1. In case of non-fulfillment or improper fulfillment of obligations is the result of force majeure circumstances, such as fires, epidemics, floods, earthquakes or other natural disasters, war and hostilities, strikes, sabotage, accidents, riots and civil commotion, quarantine restrictions, acts of state authorities or governance, international sanctions and other events directly affecting the execution of the Agreement and arising after its conclusion, the Parties shall be released from liability for non-performance or improper performance of their obligations under the terms of the Offer. The duration of these circumstances and their consequences shall result in an automatic extension of the term for fulfillment of the obligations under the Agreement.
13.2. In case of impossibility to fulfill the obligations under the Agreement due to force majeure circumstances and their consequences, the Party that cannot fulfill its obligations shall notify the other Party in writing of the occurrence or termination of these circumstances. It shall also provide documentary evidence of the occurrence and existence of such circumstances within 15 calendar days.
13.3. In case of failure to notify or untimely notification of force majeure circumstances, the relevant Party shall lose the right to refer to these circumstances as exempt from liability. The Fund may be notified of the occurrence of force majeure circumstances, in particular, by posting relevant information on the Website.
13.4. Notification of the occurrence of force majeure may be, in particular, by posting relevant information on the Fund's Website.
14. Information about the Charitable Foundation:
Charitable organization "Charitable Foundation "Big Heart of China" (CO "CF "Big Heart of China")
Ukraine, 07400,
Kyiv region, Brovary district,
Brovary, Zazimsky Shlyakh Street,
building 11, office 5
EDRPOU code 45239948
tel. +38(063)-232-82-83
e-mail: fondbighearts@gmail.com
Payments in UAH
Name of the recipient: BO BF BIG HEART YUA
Recipient code: 45239948
Recipient's account: UA333052990000026007025033423
Name of the bank: JSC CB "PRIVATBANK"
Payments in USD
Company details / Company details
Company Name: BO BF BIG HEART UA
CHARITY ORGANIZATION "CHARITY FUND "BIG HEART UA". CO "CF "BIG HEART UA".
IBAN Code: UA803052990000026000015030466
Name of the bank: JSC CB "PRIVATBANK", 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE
SWIFT code of the bank / Bank SWIFT Code: PBANUA2X
Company address: 07400, UKRAINE, KYIV REGION, R-N. BROVARY, BROVARY, ZAZIMSKY SHLYAKH STR. 11, BLDG. 5.
Ukraine, 07400, Kyiv region, city of Brovary, st. Zazimsky Shlyach, building 11, office 5.
Correspondent banks
Account in the correspondent bank: 001-1-000080
SWIFT Code of the correspondent bank / SWIFT Code of the correspondent bank: CHASUS33
Correspondent bank: JP Morgan Chase Bank, New York ,USA
Or.
Account in the correspondent bank: 890-0085-754
SWIFT Code of the correspondent bank: IRVT US 3N
Correspondent bank: The Bank of New York Mellon, New York, USA
Or.
Account in the correspondent bank: 36445343
SWIFT Code of the correspondent bank: CITI US 33
Correspondent bank: Citibank N.A., NEW YORK, USA
Payments in EUR
Company details / Company details
Company Name: BO BF BIG HEART UA
CHARITY ORGANIZATION "CHARITY FUND "BIG HEART UA". CO "CF "BIG HEART UA".
IBAN Code: UA373052990000026007045023402
Name of the bank: JSC CB "PRIVATBANK", 1D HRUSHEVSKOHO STR., KYIV, 01001, UKRAINE
SWIFT code of the bank / Bank SWIFT Code: PBANUA2X
Company address: 07400, UKRAINE, KYIV REGION, R-N. BROVARY, BROVARY, ZAZIMSKY SHLYAKH STR. 11, BLDG. 5.
Ukraine, 07400, Kyiv region, city of Brovary, st. Zazimsky Shlyach, building 11, office 5.
Correspondent banks
Account in the correspondent bank: 400886700401
SWIFT Code of the correspondent bank: COBADEFF
Correspondent bank: Commerzbank AG, Frankfurt am Main, Germany
Or.
Account in the correspondent bank: 6231605145
SWIFT Code of the correspondent bank / SWIFT Code of the correspondent bank: CHASDEFX
Correspondent bank: J.P. MORGAN AG, FRANKFURT AM MAIN, GERMANY
Or.
Account in the correspondent bank: 5184099710, IBAN DE39503303005184099710
SWIFT Code of the correspondent bank: IRVTDEFX
Correspondent bank / Correspondent bank: THE BANK OF NEW YORK MELLON, FRANKFURT AM MAIN
Or.
Account in the correspondent bank: 0042997188, IBAN IE96CITI99005142997188
SWIFT Code of the correspondent bank: CITIIE2X
Correspondent bank / Correspondent bank: CITIBANK EUROPE PLC
Version of the Offer dated March 16, 2024
Published on the Website on 03/16/2024
Terms of use of the website of the Charitable Organization "Charitable Foundation "BIG HEART of Ukraine" (CO "CF "BIG HEART of Ukraine")
The latest edition: March 16, 2024
"Please, before using the website or making a charitable donation to the "BIG HEART of Ukraine" Charitable Foundation, please read the Terms of Use of the Website carefully. These Terms are important to ensure your safety and proper use of the Foundation's resources. If you have any questions or need additional information, please do not hesitate to contact us."
These Terms are an important part of our services and contain key information about your rights and obligations. By using the Website, you confirm that you have read these Terms, understand their content and undertake to comply with them in full. This approach guarantees the efficient and safe use of our services.
If you do not agree to the terms, please refrain from using this Site.
The term "Charitable Organization "Charitable Foundation "BIG HEART of Ukraine", "Foundation", "we", "us" or "our" used in these Terms and Conditions means the Charitable Organization "Charitable Foundation "BIG HEART of Ukraine" (CO "CF "BIG HEART of Ukraine") Ukraine, 07400, Kyiv region, Brovary district, Brovary city, 11 Zazymskyi shlyakh str., office 5 EDRPOU code 45239948 tel. +38(063)-232-82-83
e-mail: fondbighearts@gmail.com which carries out charitable activities through the Website.
The collection and use of your personal information in connection with your use of the Site is subject to our Privacy Policy. If you have any questions or comments regarding these Terms or the Site, please contact us at the email address below fondbighearts@gmail.com
These Rules, together with all regulations published on the Site, including our Privacy Policy, constitute the entire legally binding agreement between you ("you" or "user") and the Foundation that governs your activities on the Site and the process of collecting charitable contributions through it.
By using the Site, you automatically confirm and acknowledge that:
(1) According to the applicable laws of your country, you are an adult and have the right to enter into this agreement.
(2) Your country's laws do not restrict your use of the Site.
(3) You are responsible for complying with these Terms and applicable legal requirements.
Areas of activity of the Foundation
Since November 17, 2023, the Charitable Organization "Charitable Foundation "Big Heart of America" (CO "BH "Big Heart of America") has been actively raising charitable funds to provide assistance to military hospitals and hospitals during the period of Russian aggression against Ukraine. The foundation also provides support to families affected by the hostilities in Ukraine. The founder of the foundation is Dmytro Mykolayovych Semko. It is important to note that BIG HEART UA has no connection with political parties or commercial organizations. The foundation's activities are financed exclusively by charitable contributions from individuals and legal entities.
The Foundation's web portal is a key tool for carrying out charitable activities in the following areas:
1) assistance to military hospitals and clinics during the Russian aggression against Ukraine;
2) health care;
3) ecology, environmental protection and animal welfare;
4) prevention of natural and man-made disasters and elimination of their consequences, assistance to victims of disasters, armed conflicts and accidents, as well as to refugees and persons in difficult life circumstances;
5) guardianship and trusteeship, legal representation and legal assistance;
6) social protection, social security, social services and poverty alleviation;
7) culture and art, protection of cultural heritage;
8) science and research;
9) sports and physical culture;
10) human and civil rights and fundamental freedoms;
11) development of local communities;
12) development of Ukraine's international cooperation;
13) stimulating economic growth and development of the economy of Ukraine and its individual regions and increasing Ukraine's competitiveness;
14) facilitating the implementation of state, regional, local and international programs aimed at improving the socio-economic situation in Ukraine;
15) promoting the country's defense capability and mobilization readiness, protection of the population in emergency situations of peace and martial law.
The platform is aimed at two main audiences: Donors - those who want to make a charitable contribution, and Beneficiaries - hospitals and clinics in need of assistance.
Support
The Website service allows users to make charitable contributions to support the Foundation, which directs them to the above-mentioned areas. You can choose either a one-time payment or set up regular transfers.
In addition, people who visit the website have the opportunity to send humanitarian aid to the charity in the form of medicines, medical equipment, and various medical devices that have become essential accessories in medical institutions.
Reports on the use of charitable contributions by the Foundation are prepared quarterly and sent by the end of the month following the reporting period. This information is available for review at the relevant link. In addition, the Foundation annually submits a detailed report on the use of the charitable organization's income (profit) to the tax inspection.
Please keep in mind that payments through our website are made using payment service providers, such as LiqPay, PRIVATBANK, which are under their control. After clicking on the payment link, it is important to read and comply with the terms of use, privacy policy and other rules established by these providers. Please note that the Fund is not responsible for the processing of payment data carried out by such providers.
Please note that we do not control the exchange rate and fees that may be applied by the bank.
In order to transfer aid through our website or to deliver humanitarian aid, you are required to provide information about yourself. For more information on how we process your personal data, please see our Privacy Policy.
Please note that the Foundation provides assistance exclusively to hospitals and clinics in Ukraine.
To receive assistance from the Foundation, please contact us at the Hotline number.
The Foundation cannot guarantee that you will receive the necessary support in full and in a timely manner due to its dependence on charitable contributions provided by Donors and the number of Beneficiaries applying for assistance. This approach creates uncertainty and may require patience and understanding on your part.
Certain features of the Site, such as making a charitable payment, may require the use of third-party services and websites over which the Foundation has no control. The use of such services may be necessary to ensure the required functionality and efficient operation of the Site, but it may also lead to other terms of use and privacy policies that the Foundation cannot control. Please keep this limitation in mind when using the Site and its functions.
In the event of any problems, we will use our best efforts to resolve them. However, it should be noted that we are not responsible for the content and functionality that may be available on such sites or third-party services. Furthermore, we are not responsible for any loss, damage or other financial liabilities that may arise from your use of such third-party resources or services.
Please note that when using third-party websites and services, their own terms of use and privacy policies apply. The Foundation is not responsible for and does not control the processing of personal data on third-party websites and services. Please be careful and attentive when using such resources, as they may have their own data protection policies and information processing rules.
The Website is owned and controlled by the Foundation. All materials posted on the Site, including texts, images, designs, graphics, information, logos, audio and video recordings, interfaces, software, trademarks, trade names and other ("Content"), are owned by the Foundation or posted with the permission of the owner in accordance with copyright and intellectual property laws.
The use of the Content or any of its elements without the prior written permission of the Fund or the respective owners is prohibited in any way not provided for in these Terms.
Once you have downloaded or made copies of the Content, you do not acquire any rights to such Content. You may not reproduce, publish, transmit, distribute, modify, create or otherwise exploit the Content for any commercial or unlawful purpose without our prior written permission. You agree not to alter or remove any proprietary notices from materials downloaded or printed from the Site.
The Foundation reserves the right to change the terms and conditions or revoke permissions, and to terminate your access to the Content at any time and for any reason without prior notice. Please be aware that the Foundation will protect its intellectual property rights by pursuing all available legal means, including criminal prosecution in cases of serious violations.
Please note that the Fund's Website is provided "as is". Unless otherwise provided, the Fund disclaims all warranties that may apply to the Website, its functionality and content, to the extent permitted by law. Please note that this means that the Foundation does not provide any warranties as to the quality, accuracy, reliability or fitness for a particular purpose of the Site. Please use the Site at your own risk.
The Foundation is responsible for the use of charitable contributions in accordance with the current legislation of Ukraine. This means that all charitable contributions will be used in accordance with the purpose specified in the agreement or relevant document and will be used to achieve the statutory goals of the Foundation.
It is important to note that the Foundation cannot provide any guarantees or promises regarding the accuracy, usefulness, reliability and correctness of the Website. Our organization cannot guarantee the continuous operation of the Site or its security, and cannot ensure the correction of any defects or the absence of viruses or other harmful elements.
The Fund is not responsible for any inaccurate or incomplete information, materials or content available on the Website. In addition, the Fund is not responsible for typographical errors or defects in the text or other materials.
In no event shall the Foundation, its founders, employees, contractors or volunteers be liable for any direct, indirect, incidental, special, exemplary or consequential damages arising out of the use of or inability to use the Site. This includes, but is not limited to, any damages resulting from errors, omissions, interruptions, defects or viruses, even if the Fund has been advised of the possibility of such damages. It is important to note that this applies even if the Fund uses its best efforts to ensure the security and reliability of the Website.
The above provisions regarding the disclaimer of warranties and limitation of liability shall apply to the maximum extent permitted by law. This means that if any provision of these terms and conditions is found by a court to be invalid or inapplicable, the remaining provisions shall remain in full force and effect.
To the fullest extent permitted by applicable law, you agree to indemnify, hold harmless and defend the Foundation, our partners, employees and contractors from and against any and all claims, liabilities, damages, losses and expenses, including reasonable legal and accounting fees, in any way related to or arising out of any such claims:
1. Your breach of any of the provisions of these Terms.
2. Your use or improper use of the Website, content, functions available on the Website.
3. Your violation of laws or the rights of third parties.
This condition shall remain in force and effect even if your use of the Site is terminated.
You also agree to indemnify the Foundation for any losses and expenses incurred by the Foundation (including fees or expenses of attorneys, accountants, professional advisors and other experts) in connection with the defense or settlement of disputes arising from your use of the Site for any unlawful or prohibited purpose. This includes costs associated with any legal proceedings or administrative measures arising from your activities on the Site.
We reserve the right to pursue such legal remedies as we deem appropriate, including in cases where you release us from liability. Therefore, you agree to cooperate with us in implementing our strategy to protect your rights. This means that you agree to provide us with the necessary cooperation, documentation and other information to enable us to protect our interests in accordance with the procedures established by law.
These Terms are governed by the laws of Ukraine, except as expressly provided in these Terms or any other policies. All cases are considered and resolved in accordance with the current legislation of Ukraine, regardless of their nature or circumstances.
If any of the content you find on our site or your use of the site violates the laws of your country, then this site is not intended for you and we urge you to discontinue your use of it. You, as a user, are solely responsible for familiarizing yourself with and complying with the laws of your jurisdiction. Please be aware that your use of the site may be restricted or prohibited by local laws.
All disputes, conflicts, claims or controversies related to the Site or these Terms, including their validity, interpretation or application, shall be resolved through amicable negotiations directly with the Foundation's team in accordance with the principles of good faith and cooperation. If the negotiations do not lead to a consensus, any dispute shall be resolved exclusively in the courts of Ukraine, subject to the rules of jurisdiction, in accordance with the current substantive law of Ukraine.
Subject to applicable law, all claims must be filed within one (1) year of their occurrence, unless applicable law provides for a different time limit for such claims.
By submitting your e-mail through the Portal, you consent to our sending you notifications to the contact information you have provided. These notifications may include the following:
1. Announcements of updates on the Portal regarding functionality, new features or changes in the terms of use.
2. Information or materials related to your activities on the Portal, including making charitable contributions and their use.
3. Notification of updates to the terms and conditions of use of the Portal, including any changes to the terms and conditions that may arise over time.
These notices are important so that you can be fully educated about all aspects of your interaction with the Portal.
As an opt-in option, you have the ability to opt-out of receiving email communications from us by following the instructions provided in such communications. This allows you to control the amount and type of notifications you receive, providing you with a more flexible approach to your experience with our service.
If any provision of these Terms is found to be illegal, invalid or inapplicable for any reason, the remaining provisions of these Terms will remain in full force and effect. This approach ensures stability and clarity of the terms and conditions, as well as ensures that an illegal or invalid provision does not affect the performance of other terms of the agreement.
Subject to these Terms, we may transfer our rights and obligations under these Terms to a third party without your prior consent, including in the event of a business resale or a merger with other companies. This means that if we are taken over by another organization, your rights and obligations remain unaffected. Such a transfer does not affect your relationship with us, and your rights remain unaffected, even if there is a change of ownership.
The information contained in these Terms is important not only for users, but also for ensuring legal transparency. These Terms may serve as a basis for resolving any disputes or misunderstandings arising in connection with the use of the Website. A printed copy of these Terms and Conditions, as well as any other documents in paper format, are important from the point of view of human rights protection and can be used as evidence in court or administrative procedures.
It is clear that in today's digital age, much attention is paid to electronic documents and their legal force. However, hard copies saved in paper format are no less important, as they can serve as reliable evidence in case of need. Such a document can become a key element in resolving any disputes or controversies, and also helps to ensure the stability and sustainability of legal relations between the parties.
We reserve the right to make changes to these Terms at any time. This may include adjusting or adding new provisions that may affect your use of the Site or your rights as a user. If the changes are material, we undertake to notify you in advance. This may be done by posting a notice on the Site or by sending you an email. This approach allows us to provide you with sufficient information about any changes and their consequences so that you can make informed decisions about your further use of the Site.
If you have any questions or comments regarding these Terms, the operation of the Website or the activities of the Fund, we are always ready to help you. Our team will be happy to provide you with the necessary information and answer your questions. You can reach us using the contact details below:
Email: fondbighearts@gmail.com
Phone: +38(063)-232-82-83
Ukraine, 07400,
Kyiv region, Brovary district,
Brovary, Zazymskyi Shlyakh Street,
building 11, office 5
We are always grateful for your feedback and opinions on the policies and activities of our Foundation. Your opinion is important to us, and we always try to improve the quality of our services based on your feedback.
Privacy Policy of the website of the Charitable Organization "Charitable Foundation "BIG HEART of Ukraine" (CO "BF "BIG HEART of Ukraine")
Charitable organization "Big Heart of America" (BHA) cares about your privacy and takes all possible measures to protect your personal data. Our Privacy Policy is designed to provide you with clear information about what personal data we collect, how we store and use it, and how we protect your privacy when you use the Big Heart UA website. https://bigheart.org.ua/ and our partners' websites to which we link to this privacy policy (we refer to each of these websites as a "Site").
In our Privacy Policy, we provide answers to the following questions:
1. What kind of data do we collect?
2. How do we use the data we collect?
3. Do we share your data with third parties?
4. 4. How do we protect your privacy?
5. How can you control your data?
6. How do I change or delete my personal data?
7. How can you contact us with questions about privacy and data protection?
These answers help you better understand how we treat your privacy and how we process your personal data.
At the Charitable Organization "Charitable Foundation "BIG HEART UA", our address is as follows: Ukraine, 07400, Kyiv region, Brovary district, Brovary city, 11 Zazymskyi shlyakh street, office 5. In the following, we will be referred to as "we" and our websites as "our".
We determine what personal data will be collected, for what purpose it will be used, and how it will be processed.
In case you have any questions, you can contact us by sending an email to fondbighearts@gmail.com.
The information we collect can be divided into two categories: technical information and user-generated data.
When you visit our website, certain technical information is automatically collected. We need this information for the proper operation, maintenance and improvement of the functionality of our website. This technical information includes:
- The IP address of your device,
- UTM parameters,
- Geographical location,
- The type of your device and web browser,
- Cookies that store information about your interaction with the site,
- Data about your activity on the site, such as session ID.
Session ID includes a variety of information about your interaction with our site. This information includes:
- Details of your interaction with the site,
- The name of the website from which you came to our website,
- Site features you use,
- The pages you have visited on our website,
- The way you use our website,
- Actions you perform on the website, if any.
Another important category of data is that which you, the users, provide to us. This data is necessary for the proper identification and effective use of your charitable contribution, as well as to provide you with feedback on the results of the public collection or the use of the funds raised. This data includes:
- Full name,
- Last name,
- Phone number,
- Payment information,
- Email address.
This data helps us manage charitable funds efficiently and provide you with answers to follow-up questions related to your contribution.
You may receive emails with reports and information about the Foundation's activities to the specified email address. You can always unsubscribe from these emails by using the appropriate function in the communication channel or by contacting us at fondbighearts@gmail.com.
We do not process the personal data of users who are minors unless they have provided appropriate permission or confirmation from their parents or guardians. If you have any comments regarding this, please contact us at fondbighearts@gmail.com.
How long do we keep your data?
After being stored for 36 months, your personal data may be deleted upon your request. If you choose to exercise this right, the data will be deleted within 30 days of receiving a notification from you. Enabling you to control your personal data is our priority, and we are always ready to respond to your requests for deletion or updating. You may contact us in any way convenient for you to request the deletion of your data or to obtain additional information regarding the processing of personal data.
We use your data to carry out our statutory activities and to fulfill the agreements we have with you. In some cases, we may transfer your data to third parties. In order to comply with legal requirements, we may disclose your personal data to third parties to the extent necessary to fulfill such requirements:
In case of fulfillment of a governmental request, court decision or relevant legislation of Ukraine, as well as to prevent illegal use of our website or violation of the terms of use of our website and our policies, we may transfer your personal data to third parties. We may also transfer data to third parties to defend against third-party claims and to help prevent or investigate fraud. We do this on the basis of a public offer to process your data in compliance with technical and organizational measures to protect personal data, for example, to process credit cards and payments.
If you access this site through a link from a partner, we do not share your information with that partner. You provide your information to them independently in accordance with their privacy policy. The partner may own your data and process it according to their own rules. Please review their privacy policies, as in this documentation we only regulate the relationship between us, the Charitable Organization "BIG HEART UA", and you.
We may transfer your data outside of the European Economic Area only if we have appropriate legal grounds and in compliance with the data protection requirements set forth in applicable data protection laws. Data may be transferred to countries that have a level of data protection recognized by the European Commission as adequate, or subject to the conclusion of appropriate standardized data protection agreements, the provision of appropriate data protection mechanisms, or based on your consent to such transfer.
We store the personal data we collect on servers. Usually, the information is stored in Ukraine by default, but it may be processed in other countries. If such a transfer is necessary, we will take appropriate measures to protect the data and obtain your consent, unless it is necessary for the performance of the contract.
In addition, it is important to understand that disabling cookies may result in limitations in the functionality of some websites. For example, without cookies, it may be difficult to automatically fill in login fields or save your account settings on a website. You should also note that some websites may use other tracking technologies, such as pixel tags or web beacons, which may continue to collect information about your online activities even after you disable cookies. Therefore, before deciding to disable cookies, it is recommended that you carefully evaluate the possible consequences for your web browsing experience.
As a data subject, you have a number of rights that protect your privacy and control over your personal information. Here are some of those rights:
1. The right to access data: You have the right to request confirmation from the data controller as to whether your personal data is being processed and to access this data and information about its processing.
2. The right to rectification: If your personal data is incorrect or incomplete, you may request that this information be corrected or supplemented.
3. Right to erasure: You can request the deletion of your personal data, especially if it is no longer needed for the purposes for which it was collected.
4. The right to restrict processing: In some cases, you can request restriction of processing of your personal data, in particular when you dispute its accuracy or lawfulness of processing.
5. The right to data portability: You may request to receive your personal data in a structured, commonly used format or to have that data transmitted to another controller.
6. The right to object: You have the right to object to the processing of your personal data, especially if you believe that the processing violates your rights.
7. The right to withdraw consent: If your personal data is processed on the basis of your consent, you may withdraw your consent at any time.
8. The right to non-interference: You have the right not to have your data processed without your consent, in particular for marketing or analysis purposes.
These rights help you maintain control over your personal information and protect your privacy rights.
You can exercise your rights by sending us an email to our address: fondbighearts@gmail.com.
If you wish to have your personal data deleted from our systems or to file a complaint with a regulatory authority, you may also do so by sending the relevant requests to the address provided.
We guarantee that all your requests will be processed quickly and with respect for your privacy and rights.
If you do not receive the desired response to your request, you can always contact the supervisory authority, the Ukrainian Parliament Commissioner for Human Rights, to file a complaint. They will be able to provide you with the necessary assistance and advice regarding your situation. It is also important to remember your rights to erasure if you wish to have your personal data removed from the systems. To exercise these rights, please contact us via email.
Our privacy policy and the legal relations governed by it comply with the laws of Ukraine, in particular the Law of Ukraine "On Personal Data Protection" dated June 01, 2010, number 2297-VI. Laws and requirements regarding the processing of personal data may change over time, so we undertake to regularly update our privacy policy and post new versions on our website. If material changes are made that may affect your rights and privacy, we will notify you by email and post a notice on the website. If required by applicable law, we will also seek your consent to the changes.
In particular, we may include in the new version of the privacy policy additional information regarding the processing of data through new technologies that may be used on our website. Also, in the new version, we may reflect your rights as a personal data subject in more detail, taking into account the recommendations of the regulatory authority on personal data protection.