§ 1 Definitions
The terms used herein shall be construed to have the following meanings:
1) ‘Food Bank’, ‘SOS Food Bank in Warsaw’ – Bank Żywności SOS w Warszawie, KRS: 0000029435; NIP: 524-106-72-96; REGON: 010607645 – ul. Stanisława Bodycha 97, 05-820 Reguły;
2) ‘Terms and Conditions’ – the present Terms and Conditions;
3) ‘Donor’ – a subject making donations to the Food Bank in any manner;
4) ‘Donation’ – funds conveyed by a Donor to the Food Bank for the performance of its statutory activities (statutory objectives).
§ 2 General provisions
1. The Terms and Conditions set out the rules for making Donations to the Food Bank.
2. Every Donor is obliged to read the Terms and Conditions before making a Donation.
3. Making a Donation entails the acceptance of and obligation to respect the rules set out in the Terms and Conditions.
4. The Food Bank makes the Terms and Conditions available to Donors to read prior to making a Donation free of charge, by posting them on the Food Bank’s website: www.bzsos.pl.
5. By making a Donation, the Donor declares that it understands that making the Donation satisfies the premises of the agreement referred to in Article 888 of the Polish Civil Code, i.e. the donation agreement, which entails granting to the Food Bank a gratuitous benefit at the expense of the Donor’s assets.
6. By making a Donation, the Donor declares that it is aware that, with the transfer, the premises referred to in the second sentence of Article 890 section 1 of the Polish Civil Code, stating that the Donation made is valid regardless of the form of the legal act, are fulfilled.
7. Donations shall be used for the Food Bank’s statutory objectives of providing food to people in need, including procurement, transportation, storage and distribution.
§ 3 Tax exemptions
1. The Food Bank is a foundation enjoying the status of a public benefit organisation.
2. Pursuant to the provisions of Article 26 section 1 point 9 of the Polish Personal Income Tax Law and Article 18 section 1 points 1 and 7 of the Polish Corporate Income Tax Law, respectively, it is possible to deduct the value of certain donations made from one’s income in a given tax year. Donations made for the Food Bank’s operations may be deducted from the income of:
– an individual, up to an amount equal to 6% of income before tax (Article 26 section 1 point 9 of the Polish Personal Income Tax Law), – an entity, up to an amount equal to 10% of income before tax (Article 18 section 1 points 1 and 7 of the Polish Corporate Income Tax Law).
3. The confirmation of the transfer must be kept for a period of 5 years following the end of the calendar year in which the Donation was made.
§ 4 Fees
The Food Bank does not charge Donors any commission or other additional fees on the Donations made.
§ 5 Personal data
1. The controller of the personal data is Bank Żywności SOS w Warszawie (hereinafter: “CONTROLLER”, with its registered office at: ul. St. Bodycha 97, Reguły, 05-820 Piastów 1, Poland. The Controller may be contacted in writing, by post, at the following address: St. Bodycha 97, Reguły, 05-820 Piastów 1, Poland.
2. The Controller has appointed a Data Protection Officer who may be contacted at the following email address: iodo@rt-net.pl.
3. Personal data is processed on the basis of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), as well as of the Polish Law on Accounting of 29 September 1994.
4. The processing is carried out for:
– the performance of the Donation agreement – Article 6 section 1 b) of the GDPR – personal data shall be kept for a period of 5 years following the beginning of the year following the year in which a Donation was made or support was provided to the Controller;
– the issuance of accounting receipts documenting Donations – Article 6 section 1 c) of the GDPR – personal data shall be kept for a period of 5 years following the beginning of the year following the year in which a Donation was made or support was provided;
– thanking the Donors for their support, including sending postcards – Article 6 section 1 f) of the GDPR – personal data shall be kept for one year after support was provided, for the purpose of sending our thanks and information on the activities funded by the Donations by the Controller;
– establishing, pursuing or defending against claims – Article 6 section 1 f) of the GDPR – data will be stored 3 years following a given Donation.
5. Personal data is not obtained from third parties.
6. The Controller does not intend to transfer data to third countries or international organisations.
7. The Controller shall only transfer personal data to other entities based on the provisions of the law and, if necessary, to other entities, based on agreements on personal data processing entrustment, including to:
IT service providers, Caltha – Krzewski, Potempski Sp.J., and the banks that process the payments.
8. The data subject has the right to request access to, rectification of, erasure of or restriction of processing of personal data by the Controller, and has the right to object to processing, as well as the right to data portability.
9. Complaints on the Controller’s actions may be filed with the President of the Data Protection Authority.
10. The provision of personal data is necessary for making a Donation; if the said data is not provided, co-financing the Controller’s activities will not be possible.
11. The Controller does not intend to carry out automated decision-making.
§ 6 Claims
1. Every Donor has the right to make a complaint pertaining to matters associated with making Donations.
2. Complaints shall be made by email to the following address: fundacja@bzsos.pl or in writing, to the Food Bank’s address.
3. The Food Bank shall respond to complaints within 14 days of receipt.
4. A response to the complaint shall be sent to the email address indicated by the Donor in the complaint, or, if the complaint was made in writing, to the email address indicated in the letter.
5. The Food Bank informs Donors that an on-line platform for out-of-court settlement of disputes between consumers and businesses (ODR platform) is available to Donors at http://ec.europa.eu/consumers/odr.
§ 7
Erasure of data, termination and dissolution of the agreement
A Donor has the right to demand that the Food Bank erase its data by sending an email with such a request included in its content to iodo@rt-net.pl from the address provided while making the Donation, and the Food Bank shall be obliged to erase the data immediately following such a request.
§ 8
Changes to the Terms and Conditions
1. The Food Bank reserves the right to introduce changes to the Terms and Conditions.
2. Any changes to the Terms and Conditions shall be communicated on the Food Bank’s website: www.bzsos.pl at least 14 days in advance of the effective date of such changes.
§ 9 Final provisions
1. The Terms and Conditions are valid starting on the date of their publication on the Food Bank’s website: www.bzsos.pl.
2. The Terms and Conditions are available on the Food Bank’s website: www.bzsos.pl in a form permitting its recording and reproduction, as well as at the Food Bank’s office.
