TERMS OF SERVICE FOR DOBRODAJ.PL

§ 1

  1. Caritas Archidiecezji Katowickiej (Caritas Katowice Archdiocese) with its registered office in Katowice, Wita Stwosza 20, 40-042 Katowice, KRS: 0000221725, NIP (Tax ID): 9542153986 operates an online charity service available at dobrodaj.pl, hereinafter referred to as ‘the Service’ in accordance with these Terms of Service and the Privacy Policy (https://dobrodaj. pl).
  2. The Service operates to implement and support the non-economic statutory activities of Caritas Katowice Archdiocese.
  3. The Service operates within the non-economic statutory activities of Caritas Katowice Archdiocese.
  4. Income from donations received with a designated purpose constitutes statutory income of Caritas Katowice Archdiocese.
  5. The Terms of Service, hereinafter referred to as ‘the Terms of Service’, set out the terms of operation of the Service, including the rights and duties of Users, Donors, and the Operator.
  6. These Terms of Service also set out the Operator’s scope of responsibility.

§ 2

The following words used in these Terms shall be understood according to the definitions below:

  1. Purpose – a campaign undertaken by the Operator in the Service, involving the raising of funds for the execution of a specific socially useful enterprise falling within the Operator’s statutory activities, or an enterprise in fulfilment of general statutory objectives of Caritas Katowice Archdiocese;
  2. Donor – any legal entity, including but not limited to a natural person, legal person or unincorporated body which has made at least one donation in any form for a Purpose specified in the Service in accordance with these Terms of Service;
  3. Donation – a donation within the meaning of generally applicable provisions of law, in particular the Polish Civil Code, constituting an amount of money voluntarily transferred by the Donor in order to support the Operator’s statutory activity for a Purpose designated in the Service or without a designated Purpose, whereby no debt arises;
  4. Operator – Caritas Archidiecezji Katowickiej (Caritas Katowice Archdiocese) with its registered office in Katowice, ul. Wita Stwosza 20, 40-042 Katowice (KRS: 0000221725, NIP (Tax ID): 9542153986), which operates the Service;
  5. Financial Intermediation Service – the financial intermediation service operated by ING Bank Śląski S.A., ul. Sokolska 34, 40-086 Katowice (KRS 0000005459, NIP (Tax ID) 6340135475) and PayPal Europe) S.à r.l. et Cie, S.C.A. 22-24 Boulavard Royal L-2449 Luxembourg, trade register number: R.C.S. Luxembourg B 118 349 VAT number: LU22046007, to help Donors make Donations;
  6. User – any legal entity, including natural persons, legal entities or unincorporated bodies, including Donors, which uses the Service in any way.

§ 3

  1. The Operator is the sole owner of the Service.
  2. Before using the Service, each User should read the Terms of Service and the Privacy Policy.
  3. By using the Service, each User unconditionally accepts these Terms of Use and the Privacy Policy in full.
  4. The use of the Service, even in part, for any purpose without the Operator’s permission is prohibited.

§ 4

  1. The use of the Service may not violate any generally applicable provisions of law, the Terms of Service or the Privacy Policy.
  2. In order to use the Service correctly, each User should have technical devices with access to the Internet with legal software, including web browsers.
  3. Users making a payment for designated Purposes via the Financial Intermediation Service should have an active personal electronic mail (email).

§ 5

  1. Use of the Service is entirely voluntary and free of charge
  2. The Operator shall enable Users:
    • to make Donations for statutory Purposes by voluntarily choosing the Financial Intermediation or by posting on the Service about the target account number of Caritas Katowice Archdiocese;
    • to receive a newsletter from the Operator, sent to the electronic mail address (email) indicated voluntarily by the User or provided on the donation form, using the Financial Intermediation Service. The User, including the Donor, may unsubscribe from the newsletter at any time by clicking the relevant link contained in each newsletter.
  3. Users may contact the Operator via e-mail at: dobrodaj@caritas.katowice.pl

§ 6

  1. The Purposes shall be stated in the Service by the Operator in the course of its statutory activities of Caritas Katowice Archdiocese.
  2. Users can make a donation of their choice by depositing amounts into the Operator’s account via the Financial Intermediation Service, e-banking websites (online transfers) or traditional money transfers and by direct debit (bank / postal orders).
  3. Commissions apply where the User voluntarily chooses to make a transfer via the Financial Intermediation Service, as specified in the terms of the agreement concluded between ING Bank Śląski S.A. and PayPal (Europe) S.à r.l. et Cie, S.C.A. (“PayPal”) and the Operator. Also, any transactions relating to Donations by credit card will be handled by the Financial Intermediation Service and commissions will apply as specified in the terms of the agreement concluded between ING Bank Śląski S.A. and PayPal S.à r.l. and the Operator. The Operator does not receive any income from the collection of commission by the Financial Intermediation Service. The amount of the commission will be kept confidential under the agreement concluded between ING Bank Śląski S.A. and PayPal S.à r.l. and the Operator. The purpose of the Financial Intermediation Service is to make it as easy as possible for Users to make contributions. Where other payment methods are selected, no commission will be charged by the Operator.
  4. The Operator will post in the Service the approximate amount of donations made by Users for a designated Purpose.
  5. If, for reasons beyond the Operator’s control, during the course of the campaign the Purpose becomes irrelevant, or if the amount necessary to fulfil the Purpose through the Service and other sources of funding is not obtained within a specified time period, the Operator may allocate the entire sum raised to fulfil non-economic statutory purposes, in particular to a purpose similar to the original purpose of the campaign and the Operator shall inform the Users thereof by posting an appropriate notice in the Service. In addition, fundraising for a specific Purpose may be repeated until the amount necessary to implement the Purpose is raised, if the Operator decides that the Purpose is likely to be achieved.
  6. In cases where a person has been provided with funds in error or incorrectly, or where a person has been provided with an required for actual assistance, they shall return such funds immediately in each of the above cases.
  7. The Operator declares that the funds transferred to the account of Caritas Katowice Archdiocese by the Users constitute a donation by the User for the Purposes designated in the Service which fall within the Operator’s non-economic statutory activity. The Operator declares that the funds transferred to the account of Caritas Katowice Archdiocese by the Users constitute a donation by the User for the Purposes designated in the Service which fall within the Operator’s non-economic statutory activity.
  8. The payment of a donation does not make anyone, in particular the Operator, a creditor.

§ 7

  1. If the Purpose is to provide assistance by Caritas Katowice Archdiocese as part of its charitable and welfare work for a specific poor or sick individual, it is necessary to enter into a prior agreement with that person or their statutory representative, obtain that individual’s or statutory representative consent to personal data processing, provide a note on personal data processing and obtain consent to image processing to the extent necessary for Caritas Katowice Archdiocese to carry out the fundraiser for its statutory Purposes, acknowledge copyright to the image to the extent necessary for the fundraiser to be carried out, as well as obtain the acceptance of these Terms of Service.
  2. The persons referred to in section 1 above have no right to request the transfer of funds received by Caritas Katowice Archdiocese, which decides in each case on the manner in which aid is to be provided.
  3. If, for reasons beyond the control of Caritas Katowice Archdiocese, the purpose becomes irrelevant, impossible to fulfil, the person referred to in section 1 above does not cooperate with Caritas Katowice Archdiocese, the funds are wasted, the funds are used contrary to the Purpose of the fundraiser or the funds raised are not used in accordance with the Purpose of the fundraiser, the funds raised may be used to provide assistance to other people as part of the charitable and welfare activities of Caritas Katowice Archdiocese.
  4. In cases where a person has been provided with funds in error or incorrectly, or where a person has been provided with an required for actual assistance, they shall return such funds immediately in each of the above casesfunds immediately in each of the above cases.
  5. The person referred to in section 1 above shall submit a detailed written technical and financial report and account for the funds received within the time-limit laid down in the agreement by presenting original receipts and invoices.

§ 8

  1. The total reasonable and justifiable costs of running the Service, including the proper allocation of funds and their settlement covered by the funds raised may not exceed 15% of the total net amount of funds raised.

§ 9

  1. By accepting the Terms of Service or by using the Service, the Donor and the User consent to the processing of their personal data by the Operator, in accordance with the terms of these Terms of Service and the rules set out in the Privacy Policy at https://dobrodaj. pl/policy-privacy, forming an integral part of these Terms of Service.
  2. The controller of the personal data is the Operator of the Service, who processes personal data in accordance with generally provisions of law and/or canon law, as the case may be.
  3. The Operator of the Service is Caritas Katowice Archdiocese with its registered office in Katowice, ul. Wita Stwosza 20, which, as the personal data controller, processes Donors’ personal data such as name, surname, mailing address, e-mail address, bank account number, amount of donation, as well as cookies, technical logs at the web server level, any information voluntarily provided by Donors, connection parameters (time stamp, IP address); time of request, time of reply, name of the client station – identification through the HTTP protocol, information about errors which occurred during the HTTP transaction, URL address of a page previously visited by the User (referer link) – in the event that access to the Service was made through a link, information about the browser, IP address information.
  4. The Operator of the Service has appointed a Data Protection Officer who can be contacted in writing at: Caritas Archidiecezji Katowickiej, ul. Wita Stwosza 20, 40-042 in Katowice or by e-mail at: abi@medialearning. pl.
  5. The basis for processing of Donors’ personal data by the Service Operator is a voluntary donation agreement made at the time of payment, as well as consent to these Terms of Service and the lawful interest pursued by the Service Operator through protection against possible claims. The basis for processing the Users’ personal data by the Service Operator is consent to the these Terms of Service and lawful interest pursued by the Service Operator through protection against possible claims.
  6. Personal data of Donors is processed by the Service Operator in order to possibly conclude/execute an agreement, bill donations, draw up reports in connection with the operation of the Service, as well as for the purpose resulting from the function of a specific form Cookies help to understand how the Service users use websites, which enables improvement of their structure and content; information about certain Users’ behaviours is logged in the server layer to be used exclusively for the purpose of administration of the Service and in order to ensure the most efficient handling of the provided hosting services. Personal data of Users is processed by the Service Operator for the purpose resulting from the function of a specific form. Cookies help to understand how the Service Users use the websites, which enables improvement of their structure and content; information on certain behaviour of Users is logged in the server layer to be used exclusively for the purpose of administration of the Service and to ensure the most efficient handling of the provided hosting services.
  7. Personal data of Donors or Users may be made available only to entities authorised on the basis of generally applicable laws, or to other entities which cooperate with the Operator in the running of the Service exclusively for the purpose referred to in section 6 on the basis of agreements on entrustment of personal data processing or duly authorised personnel of the Service Operator.
  8. The Service Operator will not transfer personal data of Donors or Users to third countries or international organisations.
  9. Personal data of Donors will be stored by the Service Operator for 5 years from the date that collection ended. Personal data of Users will be stored until the end of the period prescribed by the statute of limitations for possible claims of Users against the Service Operator, i.e. for a period of 6 years in accordance with Article 118 of the Polish Civil Code, counting from the date that the Service Operator obtained such data.
  10. The Operator informs that Donors and Users are entitled to
    • the right to request from the controller access to their personal data;
    • the right to rectification of their personal data;
    • the right to erasure of their personal data;
    • the right to restrict processing of their personal data;
    • the right to object to the processing of their personal data;
    • the right to personal data transfer;
    • the right to withdraw their consent to the processing of their personal data if this is the only basis for the processing of their personal data;
    • the right to lodge a complaint with the Chairman of the Office for the Protection of Personal Data within the scope of his/her exclusive competence, otherwise with the Ecclesiastical Data Protection Supervisor.
  11. The Service Operator informs that providing personal data is voluntary, however failure to provide such data makes it impossible for Donors and Users to use or provide assistance through the dobrodaj. pl
  12. At the same time, the Service Operator informs that it will not make automated decisions, including profiling of personal data, with regard to Donors or Users.
  13. The Operator may request the Donor or the User to promptly delete inaccurate personal data or to update such data, or alternatively block the Donor’s or the User’s access to the Service.

§ 10

  1. These Terms exclude the Operator’s contractual or tort liability towards the Users, or third parties, for their damage or harm that may arise due to:
    • technical problems of the Service or its updates;
    • loss of data resulting from force majeure, updates to the Service;
    • actions by Users or third parties contrary to the law, or to the Terms of Service or the Privacy Policy.
  2. The Operator’s liability in contract or tort for any obligations of Users or third parties is excluded.
  3. The Operator may allow Users to access, via the Service, services provided by third parties. In such a case, the Operator shall not be liable for the acts or omissions of such third parties.
  4. Each User shall be held fully responsible for any damage or harm caused as a result of using the Service in a manner contrary to the generally applicable law, or to the Terms of Service or Privacy Policy, in particular by infringing personal rights and copyright and related rights.

§ 11

  1. The User may submit a complaint on matters related to the functioning of the Service by e-mail at: dobrodaj@caritas. katowice. pl or in writing at the Operator’s registered address.
  2. A reply to a properly submitted complaint shall be provided by the Operator within 14 days in electronic form or in writing to the User’s address known to the Operator.
  3. Complaints on matters relating to the operation of the Financial Intermediation Service are dealt with by the Financial Intermediation Service on the basis of its separate rules of procedure, independent of the Operator.

§ 12

  1. The Operator may amend the Terms of Service at any time with at least seven days’ notice for the amendments to take effect.
  2. The Terms of Service are valid from the date of their publication in the Service after prior written approval by the Director of Caritas Katowice Archdiocese.
  3. The Terms of Service are available in electronic form in the Service, as well as in written form at the Operator’s office.
  4. Any matter not covered under the Terms of Servce will be governed by generally applicable laws and the relevant provisions of canon law.
  5. Should any provision of the Terms of Servoce be invalid or ineffective, this shall not render the remaining Terms of Service invalid or ineffective.
  6. The court with territorial and substantive jurisdiction over the Operator’s registered office shall have jurisdiction over any disputes relating to the operation of the Service.

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