§ 1
DEFINITIONS
The terms used in these Terms and Conditions have the following definitions:
- Kasisi Foundation – a foundation headquartered in Warsaw at ul. Pomiechowskiej 47/14, 04-694 Warsaw, entered into the register of associations, other social and professional organizations, foundations and independent public health care institutions, also entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000457951, assigned to NIP: 9522124295, REGON: 1466266628; hereinafter referred to as the “Foundation”, “Organizer” or “Administrator”, mailing address: ul. Klarysewska 52c, 02-936 Warsaw, email address: [email protected].
- Terms & Conditions – this document along with all attachments to it constituting its integral part defining the rules of using the website www.fundacjakasisi.pl and participation in the following programs: Adoptions from the Heart, Shop for Kasisi, Organize a Fundraiser, and Urgent Help.
- Program – an initiative of the Foundation serving the implementation of its Statutory Objectives, in particular by supporting a group of people or in need of assistance.
- Statutory Objectives – goals included in the Organizer’s statute, also posted on the Organizer’s website at https://fundacjakasisi.pl/fundacja/cele-statutowe/
- Program Participants – adults who take part in the Program and meet the conditions set out in these Terms & Conditions, as well as authorized representatives of legal persons/organizational entities without legal personality but with legal capacity, and sole proprietors who take part in the Program and meet the conditions stipulated in these Terms & Conditions.
- User – any visitor who uses the Website in any way.
- Website – the website located at the following address: fundacjakasisi.pl, hereinafter referred to the “Organizer’s Website.”
- Services – a service provided electronically, the subject of which is:
a) providing the User with information about the Foundation’s activities,
b) obtaining help by the User as part of the Foundation’s programs and projects,
c) making donations by the User to support the statutory activities of the Foundation.
- Bank Account – The Foundation’s bank accounts maintained at the ‘Santander Bank Polska SA’, to which transfers should be made in order to make a donation to implement the Foundation’s Statutory Objectives in accordance with the rules provided for in these Terms & Conditions.
- PayPal, PayU, Apple Pay, Google Pay – payment systems that allow sending and receiving payments via the internet.
- Rewards Program “Heart for a Heart” – a system that gives Users who make donations through the “Shop for Kasisi” as well as “Organize a Fundraiser” program points that can be exchanged for gifts.
- Kasisi Orphanage – a residential institution for the care and education of children and adolescents, located in the town of Kasisi in Zambia and run by the Sister Servant of the Virgin Mary of Immaculate Conception of the Polish Old Village.
- Resident/Residents – a pupil/pupils of the Kasisi Orphanage, whose legal guardian is the Director of the Kasisi Orphanage.
- Privacy Policy – the applicable rules for the collection and use of personal data of Website Users, also when placing orders for the service provided electronically, the subject of which is the delivery of newsletters, available at https://fundacjakasisi.pl/fundacja/polityka-prywatnosci/.
- Good Factory Foundation – a foundation headquartered in Warsaw at ul. Pomiechowskiej 47/14, 04-694 Warsaw, entered into the register of associations, other social and professional organizations, foundations and independent public health care institutions, also entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000519542, assigned to NIP: 9522131059, REGON: 147361669; hereinafter referred to as the “Foundation”, “Organizer” or “Administrator”, mailing address: ul. Klarysewska 52c, 02-936 Warsaw, email address: [email protected].
§ 2
GENERAL INFORMATION
- Funds obtained through the programs and initiatives carried out by the Organizer will be allocated to fulfill the Organizer’s Statutory Objectives, including in particular ensuring the functioning of the Kasisi Orphanage by covering the costs related to, among others, providing for residents, medical treatment (providing appropriate medical services and basic medical equipment), education (in Zambia and abroad), as well as covering the costs related to the maintenance and expansion of the existing infrastructure.
- The Organizer of the Programs reserves the right to transfer the financial resources obtained from the Participants’ payments to other needs, should such a need arise, in accordance with the Statutory Objectives of the Organizer published on the Organizer’s Website.
- Any amount transferred by the User to the Foundation’s bank account to support its activities constitutes a donation under the Act of April 23, 1964 – Civil Code.
- The Administrator is not responsible for:
a) disruptions in the use of the Service, including interruptions in the functioning of the Service, caused by force majeure, illegal activity of a person or third parties, or incompatibility of the website with the technical infrastructure of persons using or trying to use the website,
b) blocking the sending or deleting of emails by mail server administrators or by installed software on the computer of the person using the website, including through anti-spam filters,
c) technical interruptions or other disruptions in the operation of Participant banks or PayPal or PayU, Apple Pay, Google Pay, if due to such interruptions or disruptions no transfer or standing order will be executed.
- Use of the Service and participation in the Programs means acceptance of these Terms & Conditions.
§ 3
PERSONAL DATA
- The administrator of your personal data is Kasisi Foundation with its registered office in Warsaw (04-694) at ul. Pomiechowska 47/14, registered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under the KRS number: 0000457951, NIP: 9522124295, REGON: 1466266628.
- You may contact the Foundation via email at [email protected] or by phone at +48 533 365 505, as well as through the Inspector of Personal Data Protection appointed by the Foundation by emailing [email protected].
- Personal data of the Participants of a given Program will be used solely for the purpose of implementing the Program. Each Participant has the right of access to their personal data, the ability to correct, amend or request erasure thereof by the Administrator, as well as the right to data transfer, the right to limit its processing, object to its processing, and – if the processing of personal data occurs in a manner that is against data protection regulations – the right to lodge a complaint with the President of the Office for Personal Data Protection.
- Detailed information regarding the processing of personal data are included in the Privacy policy and the use of cookies policy.
§ 4
INFORMATION ABOUT THE PROGRAM “ADOPTIONS FROM THE HEART”
- For the purposes of this Program, the following terms are used in the following meanings:
a) Adoptions from the Heart Program – a program organized and managed by the Organizer, hereinafter referred to as the Program, through which the Participants can make a material or spiritual adoption of at least one child. Children are assigned to the following age groups: Babies (0-3 years), Toddlers (3-7 years), Pupils (7 years and older);
b) Spiritual Adoption – a form of participating in the program by declaring to periodically pray for the intention of the child. In order to sign up, Users must fill out the appropriate form available on the Organizer’s Website;
c) Material Adoption (sponsorship) – a form of participating in the program by financially supporting at least one child through monthly donations to the Kasisi Orphanage. In order to sign up, Users must fill out the appropriate form available on the Organizer’s Website as well as make a payment to the Organizer’s bank account or via payment systems PayPal, PayU. Apple Pay or Google Pay in a manner described on the Organizer’s website as well as in these terms and conditions;
d) Profile Page – a tab on the Organizer’s Website page where users can select a child for spiritual or material adoption. The Profile Page also includes pictures and current news about the child.
- Detailed information about the procedure for individual forms of adoption can be found on the Organizer’s website in the Program tab.
- Existing participants enrolled in the “Adopt with a Heart” Program under the terms and conditions of May 18, 2015 will be transferred along with profiles of the children they support to the Organizer’s Website. The Organizer will inform those Users about the above by email.
§ 5
INFORMATION ABOUT THE PROGRAM “SHOP FOR KASISI”
- For the purposes of this Program, the following terms are used in the following meanings:
a) “Shop for Kasisi” – a program organized and managed by the Organizer, hereinafter referred to as the “Program,” in the form of an online shop where Users can purchase Products.
b) Product – a virtual product without any material value acquired by the User.
c) Product Categories – individual divisions of the program with virtual products: Fill Our Pantry, Fun & Toys, Invest in Education, Help Maintain Our House, and Support Emergency Services.
d) Product Purchase – a donation made by a Program Participant to the Program Organizer for purposes specified in the Terms and Conditions. The purchase of the Product does not constitute a purchase and sale transaction. Consequently, the Program Participant is not entitled to receive a cash or material equivalent for the purchased Products. At the participant’s request, a confirmation of purchase of the Product is issued.
e) Confirmation – electronic confirmation of a Product Purchase sent by the Program Organizer at the request of the Program Participant to the email address provided in the order form. Confirmation is sent after the Program Participantaccepts the terms and conditions and completes the payment.
- The program is addressed to persons who want to financially support the Foundation and, to this end, purchase a Product via PayPal, PayU, Apple Pay, Google Pay in the manner specified on the Organizer’s Website.
- The Program Organizer reserves the right to post new Products on the website, as well as change or remove already existing Products. Each list of Products will be published on the Organizer’s Website.
- Each Program Participant who has made a donation through the Organizer’s Website using the payment form is enrolled in the “Heart for a Heart” Rewards Program through the “Shop for Kasisi” program. Detailed rules of the Rewards Program are specified in §7 of these Terms & Conditions.
§ 6
INFORMATION ABOUT THE PROGRAM “ORGANIZE A FUNDRAISER”
- “Organize a Fundraiser” Program – a program organized and managed by the Organizer, hereinafter referred to as the “Program,” consisting in organizing a fundraiser as part of the programs: “Celebrate with Us”as well as on Facebook.
1.1. “Celebrate with Us” – a project that gives Participants the following options:
1.1.1. “I’m hosting a party” – for persons who are planning a celebration (wedding, birthday, anniversary, family reunion etc) and would like to have an private fundraiser among their guests to support the Organizer’s statutory objectives.
1.1.2. “I’m going to a party” – for persons who would like to donate money to support the Organizer’s statutory objectives as a gift to another person. The donation will be confirmed in a Greeting Card.
1.2. Fundraisers on Facebook
1.2.1. Users can organize a fundraiser on Facebook to support the Organizer’s statutory objectives.
1.2.2. “Facebook Inc. remains the administrator of the data of the user who creates a fundraiser for the Foundation on Facebook.”
1.2.3. Detailed information on how Facebook Inc. processes your personal data can be found in the Facebook Social Network Privacy Policy, available at https://www.facebook.com/privacy/explanation
1.2.4. Rules and information on creating fundraisers, making donations and encouraging friends to donate using the Facebook social network are available on the Facebook website at https://www.facebook.com/help/1409509059114623/?helpref= hc_fnav
1.2.5. The Foundation is not responsible for the fundraiser or the content posted by the person setting up the fundraiser on Facebook.
§ 7
RULES OF THE REWARDS PROGRAM “HEART FOR A HEART” WITHIN THE “SHOP OR KASISI” AND “ORGANIZE A FUNDRAISER” PROGRAMS
- The “Heart for a Heart” Rewards Program is related to the “Shop for Kasisi” and the “Organize a Fundraiser” Programs. Each Participant who makes a payment through the “Shop for Kasisi” program or organizes a fundraiser on Facebook for the Foundation’s Statutory Objectives through the “Organizer a Fundraiser” program on the Organizer’s Website is enrolled automatically.
- Money donated by a Participant of the Rewards Program is automatically converted into points, i.e. hearts, according to the following rules:
a) each 1 PLN spent within the “Shop for Kasisi” program is one heart,
b) starting a fundraiser on Facebook is 10 hearts. Participants of the Rewards Program should inform the Organizer about their fundraiser by sending an email to [email protected]
- The Rewards Program Participant may exchange hearts for material prizes in the “My Collected Hearts” tab on the Organizer’s Website.
- Participants of the Rewards Program cannot transfer their hearts to other Participants.
- Hearts cannot be exchanged for money. Promotions cannot be combined.
§ 8
INFORMATION ABOUT THE INITIATIVE “URGENT HELP”
- “Urgent Help” Initiative – akcja mająca na celu umożliwienie Organizatorowi zebranie środków pieniężnych na rzecz pilnych potrzeb, realizowanych w ramach Celów Statutowych Fundacji. an initiative aimed at enabling the Organizer to raise funds for urgent needs, implemented as part of the Foundation’s Statutory Objectives.
- The cause of the latest “Urgent Help” initiative is described in the pop-up displayed after pressing the heart icon in the bottom right corner of the screen on the Organizer’s Website.
§ 9
MAKING PAYMENTS AND DONATIONS
- Website Users can make one-off donations or donate regularly to support the Foundation’s activities on a regular basis (hereinafter referred to as “regular donation”).
- Donations can be made through the Foundation’s website. To make a donation, click on the “I want to help” tab and choose the cause you want to support, the method by which you wish to pay (PayPal, PayU, Apple Pay or Google Pay) and provide personal data (name and email address) as well as the amount of the donation, then follow instructions provided by PayPal, PayU, Apple Pay or Google Pay.
- Donations towards fulfilling the Foundation’s Statutory Objectives can be made via bank transfer or standing order.
- Since Kasisi Foundation has the status of a nonprofit organization, donations made towards its Statutory Objectives can be considered when submitting tax returns in a given tax year.
- By choosing to make a regular donation to support a specific program described in these Terms & Conditions, the User agrees that the Payment Operator (PayPal, PayU, Apple Pay or Google Pay, hereinafter referred to as the “Payment Operator”) will periodically, on a monthly basis, collect the amount of money based on payment information provided in the form.
- As part of the regular donation, the user has the option to save card details and set up a direct debit order. The card data will be stored by the Payment Operator (who facilitates the payment by providing the Token tool – virtual card identifiers), enabling the assignment of a unique identifier to an individual Customer, by means of which the Customer periodically makes payments to the Organizer.
- After selecting the option “regular donation” the User provides the required data (the amount of wybraniu opcji „darowizna cykliczna“ Użytkownik Serwisu podaje wymagane dane (amount of monthly payment, name, expiration date and type of card and optionally the phone number).
- A User can cancel their regular donation at any time by sending an email to [email protected].
- The user may at any time resign from making the payment by contacting by e-mail at the address [email protected]
- Detailed information on processing your online payment as well as personal data provided during the payment, including data concerning the Personal Data Administrator, the applicable rules for collecting and using personal data are set out in the regulations available at www.payu.pl ,www.paypal.com.pl, Information on Google Pay is available at https://policies.google.com/privacy?hl=pl while information on Apple Pay is available at https://support.apple.com/pl-pl/HT203027, which the User is required to read before starting payments.
§ 10
NEWSLETTER
- Kasisi Foundation’s Newsletter is created together with Good Factory Foundation and is a free service consisting in sending information to the subscribing Users about the current activities of both foundations. The Newsletter is sent via email to the email address provided by the User.
- To subscribe to the newsletter, Users must fill out the form available on the Organizer’s Website and consent to the processing of personal data for marketing purposes, then click the link in the email confirming their subscription.
- The User may unsubscribe from the newsletter at any time by clicking on the link “If you cannot unsubscribe” included in the email in which the newsletter was sent. The User’s data will then be automatically removed from the newsletter subscribers list.
- In order to unsubscribe from the newsletter, the User may also contact the Administrator or the Inspector of Personal Data Protection.
- Detailed information on the processing of the User’s personal data is available in the “Privacy Policy” tab.
§ 11
COPYRIGHT
- The contents of the websites are owned by the Foundation. All personal and property copyrights to any elements of the Website (including text, visual content, page layout) are reserved. The websites and all their elements are protected by law, in particular, the February 4, 1994 Act on Copyright and Related Rights and the April 16, 1993 Act against Unfair Competition.
- The rights to all materials published on the Website are reserved for the Administrator or authorized entities (e.g. customers, business partners etc.).
- No element of the Website may be copied or distributed in any form or by any means, including photocopying, printing, recording to drives, floppy discs, CDs/DVDs or other means of data storage without the Administrator’s consent. Possible deviations from the above rule are provided in the Terms & Conditions.
- Downloading and copying Website content is allowed only for private, non-commercial use.
- No part of the Website may be copied in whole or in part, sent electronically or in any other way, modified, linked to or used for commercial purposes without the prior written consent of the Administrator.
§ 12
RESPONSIBILITY FOR CONTENT
- The Administrator makes every effort to ensure that the information posted on the Website is correct and updated regularly.
- Due to technical limitations, the Administrator does not guarantee the correctness, timeliness and constant availability of the Website.
- The Administrator is responsible only for the content posted on the Website.
- The exchange of information, recommendations or advice between the User and the Administrator takes place through individual communication, i.e. via the email address provided by the User.
- The Administrator reserves the right to change the content of the Website, supplement it, modify it, and even delete some information completely.
- The Website may contain links to websites of other entities. The Administrator is not responsible for content posted on these websites.
§ 13
TECHNICAL REQUIREMENTS
- Using the Organizer’s Website requires:
a) Google Chrome, Opera, Mozilla Firefox 3.0, Safari or other web browser with similar properties;
b) providing your email address if you wish to participate in the Programs;
c) a screen resolution of at least 1024×768 pixels;
d) enabled cookies
§ 14
FINAL PROVISIONS
- The organizer has the right to make amendments to the terms and conditions, especially ones that reflect changes to the applicable legislation. Any amendments to the terms and conditions will be announced by posting the new content on the Website. The Organizer will also inform all Users about the changes by publishing information on the Website’s Homepage for a period of at least 15 days, as well as by sending an email to all Users who have filled out the form and/or made a donation.
- In no event shall the Administrator be liable for any direct or indirect damage resulting from the use of the Website. The use of the Website is free.
- Users who have any questions regarding the privacy policy applied by the Administrator as part of the Website, may contact the Website Administrator via email at: [email protected]
- In matters not covered in these terms and conditions, the following provisions shall apply: the Act of 23 April 1964 – Civil Code (Journal of Laws of 2019 item 1145), provisions of the Act of May 10, 2018 on the protection of personal data (Journal of Laws of 2019 item 1781), and the 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).
- These terms and conditions enter into force on November 27, 2019.