Order

Bylaws of the foundation

Regulations updated as of: 01.01.2024.

§1. Definitions

Terms used in these regulations shall mean:

1. “Donation” – a non-refundable amount constituting a donation within the meaning of the Civil Code, transferred by the User to the Foundation, in particular in connection with a specific Collection;

2. “Additional Support” – A donation for the statutory purposes of the Help4people Foundation, which the User, when making a Donation to the Collection Goal, may voluntarily make separately from the Donation made to the Collection Goal.

3. “Company” – a Donor with the status of an entrepreneur or a Donor who is a legal entity or an organizational unit without legal personality, which in connection with its business or statutory activity uses the Portal, in particular makes Donations;

4. “Foundation” – Help4people Foundation based in Bydgoszcz, ul. Rozlogi 77, 85-179, entered in the register of associations, other social and professional organizations, foundations and independent public health care facilities, under the KRS number 0001051029, whose registration files are kept by the District Court in Bydgoszcz, NIP 9532797920, REGON 526019469;

5. “Campaign” – A collection whose Purpose meets all of the following conditions:

1. 1. has been concretized, i.e., it has been indicated more narrowly than “statutory purposes in general.”
   2. does not include assistance to a specific Help4people Mentee or Organization Mentee,
   3. falls within the statutory objectives of the Organization in question (when the Campaign relates to the objectives of the Organization) and in any case of the Foundation.
   4. A campaign may be announced on the Portal either once or periodically (“Periodic Campaign”).

6. “Account” – functionality available to the User registered in the Portal, allowing to enter, manage and send data in the Portal structure;

7. “Organization” – User being:

1. 1. foundation,
   2. association,
   3. not being a foundation or association User having the status of a church organization, acting on the basis of one of the legal acts regulating the relationship of the Polish state to churches or religious associations,
   4. A sports club operating under the Sports Act,
      • – on the condition that the Foundation registers this entity in the Portal as an Organization, after prior formal verification, as well as any other entity that has been granted Organization status by the Foundation on the basis of a decision preceded by formal verification, (detailed rules for the use of the Portal by Organizations are defined in separate regulations);

8. “Donor” – a User who has registered on the Portal for the purpose of making Donations, however, in the case of natural persons, the Donor may only be a person with full or limited legal capacity;

9. “Portal” – Internet portal “Help4people.oth” available in the domain Help4people.org;

10. “Help4people Needy” or “Help4people Wards” – a User who has entered into an agreement with the Foundation to establish the terms and scope of the provision of social assistance to a Needy Person by the Help4people Foundation and concerning the Needy Person’s Account and Profile at Help4people.org (the “Agreement”) or an agreement with another title, regulating the terms and conditions of the provision of social assistance by the Foundation;

11. “Organization needy” or “Organization ward”. – an individual with whom the Foundation has not entered into an Agreement and meets all of the following conditions:

1. 1. her personal data and information regarding her life situation, as well as the personal data of her guardian, if any, the Foundation has received from the Organization and which have been confirmed by her or her guardian,
   2. for its benefit on the Portal was, is, or in the assumption of the Organization is to be, conducted a Collection with the help of the Organization,
   3. established the Account, unless the Foundation has waived this condition.

12. “Regulations” – this document defining, in particular, the terms and conditions of operation and use of the Portal, the rights and obligations of Users and the rights and obligations of the Foundation;

13. “Financial intermediation service”:

1. 1. Stripe, a financial intermediation service operated by a company called Stripe, Inc. based in California, U.S., and Dublin, Ireland,
   2. Przelewy24 and other financial intermediation services run by a company under the name of PayPro S.A., based in Poznań, ul. Kanclerska 15, 60-327 Poznań, entered in the Register of Entrepreneurs of the National Court Register under the KRS number 0000347935, whose registration files are kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register, NIP 7792369887, REGON 301345068,
   3. PayPal.com, a financial intermediation service operated by PayPal (Europe) S.àr.l. et Cie, S.C.A., a Luxembourg-based company (R.C.S. Luxembourg B 118 349),

14. “Ongoing Assistance” – A donation made by the User on a recurring, monthly basis, in an amount and day of the month determined by the User;

15. “User” – any natural person, legal entity or unincorporated organizational unit that in any way uses the Portal operated by the Foundation;

16. “Collection” – an action organized on the Portal by the Foundation consisting in the collection of money for the realization of a specific goal (the “Collection Goal”), pertaining to the collection indicated in the description of the Collection posted on the Portal:

1. 1. Needy Help4people,
   2. Needy Organization,
   3. Campaign Objective,
   4. Organization’s statutory objectives,
   5. statutory objectives of the Foundation.

§2. General provisions

1. The Foundation makes its current contact information available to Users at https://www.help4people.org/kontakt.
2. Registration and use of the Portal are voluntary and free of charge.
3. Each User using the Portal is obliged to read the Regulations and accept their contents.
4. The logo and name of the Portal are legally protected and owned by the Foundation. Any use of the logo or name of the Portal without the consent of the Foundation, subject to the provisions of paragraph. 6 below, except as permitted by generally applicable law, is prohibited.
5. Copyright to the graphic elements of the Portal and other content placed therein by the Foundation, constituting a work as defined by the Law on Copyright and Related Rights, as well as to the appearance of the Portal as a whole, is vested exclusively in the Foundation or in third parties with whom the Foundation has entered into appropriate licensing agreements. Any copying, reproduction or distribution of elements of the Portal, as well as its appearance as a whole, without the permission of the Foundation, is prohibited.
6. The rules of use of the objects of the Foundation’s intellectual property rights, including its trademarks and provided banners or widgets, are set forth in the Rules of Use of Intellectual Property of the Help4people Foundation.

§3. Donor registration

1. Donors can independently, voluntarily and free of charge register on the Portal.
2. Registration of a Donor requires the completion of at least those items on the form that are not marked as optional, and confirmation of the User’s e-mail address by clicking on the link sent to the address provided or rewriting the verification code from it. Alternatively, confirmation of your email address is possible when using the option to create an Account using a third-party identity provider such as a Google/Facebook/Apple Account. Approval of the form by the User, provided that the User meets the requirements referred to in this paragraph , results in the activation of the Donor’s Account and the conclusion of an agreement with the Foundation for the use of functionality within the Portal under the terms of the Regulations, provided that the e-mail address in question is not used by another Donor.
3. The provisions of paragraph. 1 and 2 above are appropriately applicable to the Organization’s Wards.

§4. Donor – available functionalities

(1) The Foundation shall make the following functionalities of the Portal available to Donors:

1. 1. Portal Account,
   2. making Donations to the Foundation, including through Financial Intermediation Services,
   3. generating a statement of Donations made through the Financial Intermediation Service, provided that the said Donations are assigned to the Donor’s email address.

(2) The provisions of paragraph. 1 shall apply from respectively to the Organization’s Wards. At the same time, the following functionalities within the Account are additionally available for the Organization’s Wards:

3. access to the balance of the Collection conducted for the Organization’s charge,

4. access to information materials on the Collection conducted for the Organization’s charge.

§5. Company – available functionalities

1. The Foundation provides Companies with the following functionalities of the Portal:

1. Company Account,
2. making Donations to the Foundation, including through Financial Intermediation Services,
3. generating a statement of Donations made through the Financial Intermediation Service, provided that the said Donations are assigned to the Company’s e-mail address.

1. The company is authorized to:

1. use in the name of the Account only the full or abbreviated name (applies to entrepreneurs) or the name in the relevant register, as appropriate,
2. to use only the Company’s registered trademark or official logo of the Company,
3. to provide the address of the website operated by the Company, provided that the website does not contain the content indicated in § 3 paragraph. 2,
4. Establish only one Account on the Portal.

§6. Collections and Donations

1. Collections are organized on the Portal exclusively by the Foundation. Collections can be organized by the Foundation on its own or with the help of the Organization.
2. The Foundation has the ability to block the transfer of Donations within the framework of the Collection, including without stating a reason, as well as to withhold the payment of collected funds if:

1. other websites, including social media (such as Facebook) or websites similar to the Portal, Polish or foreign, in particular such as zrzutka.pl, pomagam.pl, zbieram.pl, will publish any calls for donations for the purpose covered by the Collection outside the Portal during the period in which the Collection is organized on the Portal. The provision covered by the preceding sentence does not apply to Money Boxes; or
2. The purpose of the Collection organized with the assistance of the Organization is inconsistent with the purposes set forth in the Organization’s charter, in particular, it does not fall within these purposes; or
3. in the opinion of the Foundation, the Organization with whose help the Collection is organized has lost the credibility necessary to carry out activities of a public benefit nature, or the agreement linking the Organization with the Foundation is terminated; or
4. in the opinion of the Foundation, the continued conduct of the Collection will adversely affect the reputation of the Foundation; or
5. The Foundation receives a credible message that a Help4people in need or a Needy Organization may be squandering the assistance that the Collection is intended to provide; or
6. in the course of the Collection, the Foundation becomes reliably aware that the realization of the Purpose of the Collection is technically or scientifically, especially medically, pointless and will not bring the expected results.

1. Any amount donated to the Foundation through available channels of donations constitutes a Donation to the Foundation and as such is non-refundable (except as provided by law). The User is not entitled to any reciprocal benefits from the Foundation on account of the Donation. In particular, the Foundation shall not be liable for public promises made by third parties, which imply an obligation to provide a benefit to the Donor, including, in particular, the transfer of ownership of property or rights in exchange for the donation to the Foundation.
2. Users may make Donations through Financial Intermediation Services, by transfer to the Foundation’s bank account, or by using other ways to make Donations as indicated in the Portal. The Foundation does not accept Donations in cash or donations in kind.
3. Once a Donation is successfully made in a manner that involves providing the Foundation with the User’s email address, the User will receive an email notification (this does not specifically apply to Donations made via wire transfer to the Foundation’s bank account). The user may also receive the following information at the e-mail address provided:

1. On completion of the Collection as a result of reaching 100% of the Collection amount,
2. About publishing the result of the Collection in the Portal,
3. About publishing updates on the Collection on the Portal,
4. about the publication on the Portal of another Collection relating to a Needy Help4people or, respectively, a Needy Organization for whose benefit the Collection supported by the User was organized,
5. About the publication of the next edition of the Cyclical Campaign in the Portal,
6. referred to in art. 23 and 24 of the Payment Services Law, linked to a thank-you payment.

1. 6% of the amount collected in each Collection, as well as any other amount transferred to the Foundation as a donation (unless the Foundation decides in a given case to reduce or, in the specific case of donations made outside the Portal, to increase this value) rounded to whole pennies in accordance with the rules for rounding decimal numbers, is the amount that the Foundation allocates to the achievement of its statutory objectives, including, in particular, to cover the costs associated with the conduct of the Collections, as well as the maintenance of the Portal, which the User acknowledges and accepts.
2. The Foundation allows for the transfer of Additional Support, which it allocates entirely to its statutory purposes unrelated to the purpose of the Collection. The value of Additional Support is determined by the User at will, but no more than in an amount equivalent to 30% of the value of the Donation to the Collection Goal. The Foundation may set a default value of Additional Support for a given Collection, which the User may freely change. You may also choose not to provide Additional Support, setting its value expressed in currency to zero.
3. Banks and payment service providers, including Financial Intermediation Services, may charge Users, in connection with the transfer of Donations, fees and commissions, including, in the case of payments in currencies other than the Polish zloty, currency conversion fees, and may apply their own exchange rates that differ from the publicly announced interbank rates.
4. A donor who wishes to make a one-time Donation using a payment card can choose to save and remember the card after logging into the Portal. In such a situation, the Donor’s data are transferred to PayU S.A. PayU S.A. generates the token and transfers it to the Foundation. PayU does not provide the Foundation with the full card number or security code (the so-called CVV2/CVC2), and the mentioned data are sent directly to the PayU S.A. system.
5. Any subsequent Donation made by a Donor logged in the Portal, made with a stored payment card, will not require card details. A token is used by the Foundation to order a debit to the account associated with the Donor’s payment card.
6. The token also allows the User to make a recurring donation to the Foundation, as part of Permanent Aid. The user determines the amount to be donated each month and on which day of the month his/her bank account will be debited with the amount of the Donation.
7. Within the Donor Account, all recurring Donations are visible. The donor may, within his Account, disable cyclic donation at any time or change its parameters, such as the date of debiting the account, the amount of the donation. Once a given recurring donation is deactivated, the next amount of that donation will not be charged to the User’s payment account.
8. As part of the Account, the Donor may also request removal of the token at any time through the option to remove the card in the user panel.
9. Settlement of transactions related to donations made by wire transfer, with the exception of transfers made directly to the Foundation’s account, is carried out through the clearing center of the Financial Intermediation Service.
10. The total amount of Donations made by Users for a given Collection may be visible on the Portal, however, this amount is an approximate amount and may differ from the total amount of Donations actually made, due to, among other things, possible delays in the operation of the banking system or incidental non-responses from the payment system.
11. The User may make donations in such a way that his/her identification data (signature: name and surname or nickname and the amount of the donation) are not visible to other users of the Portal (anonymous donation) or so that these data are visible to other Users.
12. In order to promote the Collection on the Internet, Users may use, under the terms of separate regulations, banners prepared by the Foundation.

§7. Donations in Collections organized with the help of the Organization, duties of the Organization

1. The Organization shall be entitled to apply to the Foundation for the transfer of funds raised in the Collection conducted with the help of the Organization, including the Campaign or Collection for the Organization’s statutory purposes, as a donation to the Organization. The funds referred to above are the property of the Foundation until the Foundation executes the donation (completes the transaction). The amount of the donation to the Organization may be reduced, in particular, by the amount of Donations for which an obligation to reimburse the User has arisen.
2. The amount of the donation referred to in paragraph. 1 above, the Organization undertakes to spend in full for the realization of the Purpose of the Collection.
3. If the realization of the Purpose of the Collection organized with the assistance of the Organization becomes objectively impossible (for whatever reason), in particular in light of generally accepted and recognized principles of science and technology:
   1. The Organization shall immediately, no later than within 3 days of the cause, inform the Foundation, through the Account or otherwise with documentary form, of the inability to fulfill the Collection Goal and the reasons for it,
   2. The Organization is obliged to fully comply with the Foundation’s guidelines on how to spend the funds raised in the Collection, including those donated to the Organization (the Foundation, in formulating the guidelines, may take into account the objectives of the Organization’s activities, in particular its statutory objectives, and may also take into account the Organization’s suggestions on how to spend the funds);
   3. The Foundation, if the collection has not yet been completed, may (at its option):

1. Stop the transfer of Collection Donations,
2. change the Purpose of the Collection, which the User acknowledges and accepts,
3. to allocate the funds collected and not transferred to the Organization as a donation, in whole or in part, for another purpose within the scope of realization of the statutory objectives of the Foundation, , including in particular the decision to allocate the collected funds for the benefit of Needy Organizations or other persons, after concluding Agreements with them, or for the realization of other tasks falling within the scope of the statutory objectives of the Foundation, which the User acknowledges and accepts.

The provision of sub. 3.3.3 above also applies when the Collection has been completed, but the collected funds have not been transferred, even in part, to the Organization.

1. In the event that the Foundation terminates the agreement with the Organization for any reason, the Foundation will endeavor to contact the person for whose benefit the Collection was conducted and provide him/her with social assistance within the funds collected in connection with the Collection and not transferred to the Organization as a donation.

§8. Reporting people in need of support

1. Any User may, through the form available on the Portal, report a person or other entity that, in their opinion, requires support, and the User is not authorized to act on behalf of such persons or entities.
2. The Foundation, considering the application, will consider the possibility of concluding an Agreement with the designated person or an agreement with the entity in question (granting Organization status).
3. If the User in the form referred to in paragraph. 1, identifies the Organization as the organization of which the person indicated by him in the application is a ward, the application may be forwarded to the Organization for verification.

§9. Personal information

Information on how the Foundation processes Users’ personal data is provided in the Help4people.org Privacy Policy.

§10. Complaints

1. Each User has the right to file a complaint on matters related to the functioning of the Portal.
2. Complaints should be submitted electronically (to the Foundation’s e-mail address: office@Help4people.org, writing “Complaint” in the title) or in writing.
3. The Foundation will respond to the complaint within 30 (in words: thirty) days of receipt.
4. The response to the complaint will be sent to the User at the e-mail address indicated in the complaint or, if the complaint was submitted in writing, to the e-mail address indicated in the letter or in writing to the address indicated in the letter.
5. The Foundation informs that complaints regarding services provided electronically by third parties, access to which is related to the use of the Portal by Users, including those provided by Financial Intermediation Services, are handled by these third parties in accordance with the rules and procedures set forth in the regulations for the provision of services by these third parties.

§11. Account deletion, contract termination

1. The User may delete the Account on his/her own or request the Foundation to delete the Account by sending an e-mail from the address assigned to the Account on the Portal. Deletion of the Account means that you will not be able to log into the Account and continue to use the features of the Account. The Foundation shall process the User’s personal data related to the Account for the period indicated in the Portal’s Privacy Policy or other detailed information about the rules of processing the User’s personal data provided to such User.
2. The deletion of the Account by the User is tantamount to a declaration of termination of the agreement binding the User with the Foundation with immediate effect.
3. Submission of an e-mail request for deletion of the Account is tantamount to submission of a statement on termination of the agreement binding on the User, effective as of the date the User is prevented from accessing (logging in) to the Account, which will take place no later than within 30 days.
4. The Foundation may terminate the agreement with the User with immediate effect and delete the User’s Account in the event that the User violates the provisions of these Regulations or violates generally applicable laws in connection with the use of the Portal and, despite prior notice, has not ceased the violations.
5. With respect to Help4people in need, the provisions of paragraph. 2-4 above are not applicable. Removal of the Account requires termination of the Agreement.
6. The deletion of the Account of the Organization’s Benefactor by the Organization’s Benefactor or the Foundation, including at the request of the Organization’s Benefactor, prevents the Organization’s Benefactor from initiating or conducting a Collection for the Organization’s Benefactor and from continuing to use the features of the Account.

§12. Amendments to the Regulations

1. The Foundation reserves the right to make changes to the Regulations.
2. Any changes to the Terms and Conditions will be made visible on the Portal at least 15 days in advance of the effective date of the changes.
3. Amendments to the By-Laws shall take effect on the date specified by the Foundation, no shorter than the date specified in Paragraph. 2 above, unless it follows from the law, a decision of a public administration body or a court ruling that the change should come into force on a different date.
4. The Foundation is entitled to amend the Regulations in particular in the following cases:

1. changes in legal regulations affecting the content of the Regulations,
2. obligation imposed on the Foundation by a competent public administration body or court, affecting the content of the Regulations,
3. change the functionality of the Portal, justified, in particular, by the development of the Portal, taking care of the protection of Users’ personal data,
4. technological changes,
5. editorial changes,
6. changes in the model of the Foundation’s operations.

§13. Final provisions

1. The regulations in their current version are effective as of November 20, 2023.
2. The regulations are available on the Portal’s website.
3. The applicable law is Polish law.
4. With respect to the Needy, in the event of a conflict between the provisions of the Regulations and the Regulations for the provision of social assistance benefits by the Help4people Foundation, the provisions of the latter document shall take precedence.

On behalf of the Foundation
Marek Gatz
President of the Board of the Help4people Foundation