Terms and conditions for donations made via bzsos.pl

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  • 1 Definitions

The terms used herein shall be construed to have the following meanings:

1) ‘Website’ – the website available at the following address: https://bzsos.pl/;

2) ‘Service’ – enabling making Donations for the statutory objectives of the Service Provider’s activities via the Website;

3) ‘Service Provider’ – Bank Żywności SOS w Warszawie, KRS: 0000029435; NIP: 524-106-72-96; REGON: 010607645 – ul. Stanisława Bodycha 97, 05-820 Reguły;

4) ‘Terms and Conditions’ – the present Terms and Conditions;

5) ‘User’ – a subject that has accepted the Terms and Conditions and makes any kind of use of the Services provided by the Service Provider via the Website;

6) ‘Financial Intermediation Service’ – PayU S.A., payment service provider entered into the register of entrepreneurs kept by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 8th Commercial Department of the National Court Register under KRS number 0000274399, with a share capital of PLN 4,944,000, paid up in full, NIP tax identification number: 779-23-08-495, REGON 300523444;

7) ‘Donation’ – funds conveyed by a Donor to the Food Bank for the performance of its statutory activities (statutory objectives) – via electronic money transfer or using a credit or debit card.

  • 2 General provisions
  1. The Terms and Conditions define the rules for the use of the Website and the provision of Services through it.
  2. Every User is obliged to read the Terms and Conditions prior to using the Website.
  3. Using the Website entails the acceptance of and obligation to respect the rules set out in the Terms and Conditions.
  4. The Service Provider makes the Terms and Conditions available to Users to read prior to the conclusion of the agreement for the electronic provision of Services free of charge, by posting them on the Website.
  5. By using the Website, 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 Service Provider a gratuitous benefit at the expense of the User’s assets.
  6. By using the Website, the User 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.

  • 3 Tax exemptions
  1. The Service Provider 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 to the Service Provider’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).

  1. The confirmation of the money transfer must be kept for 5 years following a given Donation.

  • 4. Terms and Conditions for using the Website
  1. In order for Users to properly use the Services available via the Website, including effective registration, the simultaneous fulfilment of the following conditions is required:

– having an Internet connection;

– having access to equipment allowing the use of Internet resources;

– using a web browser capable of displaying hypertext documents on the screen of the device, connected to the Internet via a web-based service and supporting the JavaScript programming language, also accepting cookie files;

– having an active email account.

  1. The fulfilment of some of the technical requirements set out in § 4.1 above may entail the necessity to pay fees, in particular those for obtaining access to the Internet. All of the costs costs associated with meeting the technical requirements shall be borne by the User.
  2. The use of the Services provided via the Website is voluntary and free of charge.

  • 5 Terms and conditions for the conclusion of an agreement for the provision of electronic services
  1. The agreement is concluded upon starting the use of the Website. In order to perform the agreement, having an account with the Financial Intermediation Service is necessary.
  2. Concluding the agreement is voluntary.
  3. The Service Provider informs you that the use of the Website entails risks characteristic of services provided through electronic means, in particular the risk of third parties installing malicious software, phishing for passwords or attempts at other activities aiming to assume control of the User’s identity.
  4. The risks indicated above may only occur potentially and are risks associated with the use of the Internet.
  5. To avoid the risks described in section 3, the User should equip its device with an anti-virus and firewall software, ensuring that the said software and the operating system running on the device used are kept up-to-date.

  • 6 Service
  1. The Service Provider provides the Service to the Users based on the present Terms and Conditions.
  2. A User may choose to provide to the Service Provider regular support for its activities (hereinafter: ‘Subscription’).
  3. In order to start a Subscription, one must use the form on the Service Provider’s Website.
  4. A Subscription consists in regular Donations, automatically transferred by credit or debit card on a monthly basis.
  5. By making the decision to start a Subscription, the User agrees that the payment operator may charge the payment card with an amount of money corresponding to that of the declared Donation.
  6. Donations shall be used for the performance of the Service Provider’s statutory objectives related to the provision of food to people in need, including its procurement, transportation, storage and distribution.
  7. The Service Provider shall not store the User’s credit or debit card data; this data is stored by the payment  system operator.
  8. While mediating the payment, the payment system operator provides a Token tool enabling a unique identifier to be assigned to an individual user, by means whereof the user periodically makes Donations in support of the Service Provider’s activities.
  9. Following the verification of the credit or debit card data, the Service Provider will receive the first Donation, and the User will receive an email to confirm the correct start of the Subscription.
  10. The Donations that follow will be transferred at 30-day intervals.
  11. The user may end the Subscription at any time.
    For this end, one must either use their personal account and use the option to unsubscribe, or contact the SOS Food Bank in Warsaw by sending an email to fundacja@bzsos.pl.

  • 7 Fees

 

The Service Provider does not charge Donors any commission or other additional fees on the Donations made.

  • 8 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 the 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 the 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;

– for the aim of establishing, pursuing or defending against claims – Article 6 section 1 f) of the GDPR – data will be stored 3 years following a given Donation.

  1. Personal data is not obtained from third parties.
  2. The Controller does not intend to transfer data to third countries or international organisations.
  3. The Controller will 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.
  4. 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.
  5. Complaints on the Controller’s actions may be filed with the President of the Data Protection Authority.
  6. 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.
  7. The Controller does not intend to carry out automated decision-making.

  • 9 Complaints
  1. Every User has the right to make a complaint pertaining to matters related to the Website’s functioning, as well as of the performance of Services by the Service Provider.
  2. Complaints shall be made by email to the following address: fundacja@bzsos.pl or in writing, to the Service Provider’s address.
  3. The Service Provider 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 User in the complaint, or, if the complaint was made in writing, to the email address indicated in the letter.
  5. The Service Provider informs you that complaints concerning services related to the Users’ use of the Website provided by third parties by electronic means, including financial intermediation services provided via the Website, shall be dealt with by these third parties per the rules and procedures set out by the terms and conditions for the provision of services by the said entities.
  6. The Service Provider shall not be held responsible for the intermediary Website’s functioning.
  7. The Service Provider informs the you that an on-line platform for out-of-court settlement of disputes between consumers and businesses (ODR platform) is available to Users at http://ec.europa.eu/consumers/odr 

  • 10 Erasure of data, termination and dissolution of the agreement
  1. A User has the right to demand that the Service Provider 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 Service Provider shall be obliged to erase the data immediately following such a request.
  2. The request for data deletion shall be tantamount to a declaration of the termination of the agreement between the User and the Service Provider.
  3. The agreement is terminated upon receipt of the request referred to in paragraph 1 above by the Service Provider.
  4. In the event that the User violates the provisions of these Terms and Conditions or, in connection with the use of the Website, violates any generally applicable provisions of the law, the Service Provider may terminate the agreement with the User and delete the User’s data.
  5. The User shall be informed of the termination of the agreement according to § 9.4 in a message sent to the email address provided by the User when filling in the form on the Website.

  • 11 Changes to the Terms and Conditions
  1. The Service Provider reserves the right to introduce changes to the Terms and Conditions.
  2. Any changes to the Terms and Conditions shall be communicated on the Website at least 14 days in advance of the effective date of such changes.

  • 12 Final provisions
  1. The Terms and Conditions enter into force starting on the date of their publication on the Website.
  2. The Terms and Conditions are available on the Website in a form permitting its recording and reproduction, as well as at the Service Provider’s office.