Regulations for the provision of electronic services within the framework of websites belonging to the Cancer Fighters Foundation

§1 Definitions

For the purposes of these Regulations, the following meaning of the expressions used herein is adopted:

1. Service Provider - CANCER FIGHTERS FOUNDATION, 7/9 Borowskiego Street, 66-400 Gorzów Wielkopolski, entered in the Register of Associations, Other Social and Professional Organizations, Foundations and Public Health Care Institutions of the National Court Register kept by the District Court in Zielona Góra, VIII Economic Division of the National Court Register, under the number 0000581036; NIP: 599 317 81 99, e-mail address biuro@cancerfighters.pl.
2. Projects - Projects organized and run by the Service Provider, in particular "Pomagam.CancerFighters.pl", and others, aimed at broadly supporting people suffering from oncological diseases and their families by organizing help for those in need, in particular, informing and activating the public to take charitable actions.
3. User - a natural person, a legal person, an organizational unit with legal capacity, as well as public institutions and budgetary units, who uses the Services offered by the Websites, which do not require the creation of an Account.
4. Customer - a natural person, legal entity, organizational unit with legal capacity, as well as public institutions and budgetary units, who has an Account and uses Services provided electronically by the Service Provider.
5. Website or Websites - websites belonging to the Service Provider, where the Service Provider provides Services. The Websites are located, among others, at the address: "Pomagam.CancerFighters.pl" and others where these Terms and Conditions are made available.
6. Regulations - these Regulations for the provision of Services by the Foundation. The Regulations are available free of charge at the Internet address Pomagam.CancerFighters.pl.
7. Services - all services provided electronically by the Service Provider under these Regulations to Users and Service Recipients.
8. Account - an electronic collection of information resources relating to the Service Recipient, which is an integral part of the Site, allowing the use of the Site Services to the extent appropriate to its type, having a name and password individual for each Service Recipient.
9. Registration - an electronic procedure for creating an Account requiring, in particular, the provision of the user's relevant personal data in accordance with the forms displayed on the relevant pages of the Website and acceptance of the Terms and Conditions.
10. Personal Data - any information concerning an identified or identifiable natural person processed by the Service Provider in order to properly provide the Services specified in these Terms and Conditions, as well as for statistical purposes related to the conduct of the Seller's business.
11. The PDPA - the Act of August 29, 1997 on the protection of personal data (Journal of Laws 2002, No. 101, item 926, as amended).
12. RODO - Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
13. UŚUDE - the Act of July 18, 2002 on the provision of electronic services (Journal of Laws 2002, No. 144, item 1204, as amended).

§ 2 General provisions

1. The Regulations set forth the rights and obligations of the Service Provider and Users and Service Recipients, related to the provision of Services on the Sites.
2. The Regulations set out the rules for the protection of Personal Data of persons using services provided electronically through the Services, as defined by the DPA and the RODO.
3. The Service Provider on the Services shall make the Terms and Conditions available to Users and Service Recipients free of charge before concluding the contract for the provision of Services.
4. The Service Provider shall provide the Services in accordance with the Regulations.
5. The User and the Service Recipient are obliged to comply with the provisions of the Terms and Conditions. The User and the Service Recipient are not bound by those provisions of the Terms and Conditions that have not been made available as described above.
6. Photos are placed on the Website for illustrative purposes and are used solely for the presentation of the services indicated on them.

§3 Acceptance of Regulations

1. In order to begin using the Site and the services offered through it, the User and the Service Recipient are required to read and accept the Terms and Conditions.
2. The regulations are available at: pomagam.cancerfighters.pl.

§ 4 Conclusion of the Agreement

1. The contract for the provision of Services is concluded with the User upon his/her use of any Services offered on the Sites that do not require the creation of an Account.
2. The contract for the provision of Services is concluded with the Customer upon Registration.
3. The User and the Service Recipient accepts the necessity of having a current, active e-mail address. This address is provided in the process of Registration or use of other specified Services by the User.
4. The e-mail address is linked to the account, is a necessary form of identification of the customer to the service provider and will be used for all correspondence between the service provider and the customer related to the provision of services.
5. The Service Provider may refuse to create an Account, block or delete an existing Account if its name is already used within the Services or if the Service Provider obtains reasonable, credible information that it is contrary to the law, morality, violates the personal rights of third parties or the legitimate interests of the Service Provider.
6. The Customer accesses the created Account using his login (e-mail address) and a self-established password.
7. The recipient is obliged not to disclose the password to access the Account to any third party and is solely responsible for any damage caused by such disclosure.

§5 Technical conditions for the provision of Services

1. The technical requirements necessary for cooperation with the information and communication system used by the Service Provider are as follows:
   • Internet connection,
   • A web browser that allows HTML documents to be displayed on a computer screen,
   • A browser that accepts an email account.
2. The Service Provider informs about the possibility of noting the Buyer's IP address in order to keep statistics of the Website and to make improvements to the Website.
3. The Service Provider cautions that the use of the Services may involve standard risks associated with the use of the Internet. The User and the Service Recipient are advised to take appropriate steps to minimize them.
4. The Service Provider undertakes to the Client to begin providing services related to the Agreement immediately, but no later than 24 hours after the completion of the Account creation process.
5. If the Service provides for the possibility of sending attachments, files with extensions .txt, .rtf, .doc, .docx, .xls, .xlsx, .csv, .odt, .pdf, .jpg, .gif, .tiff are acceptable.

§6 Services

1. The creation and use of the Account is free of charge.
2. In order to use some of the Services offered on the Website, it is required for the User to create an Account.
3. By accepting the Terms and Conditions, the User and Service Recipient agrees to all the terms and conditions contained therein and undertakes to abide by them.
4. As a condition for using the Services, in addition to providing the data referred to in these Terms and Conditions, you must agree to choose the Law Applicable to the Contract, i.e. Polish law.
5. Agreeing to choose the Applicable Law is voluntary but necessary in order to use the Provider's Services.
6. The User, by submitting the Registration Form, declares that:
   • the data provided therein about the User are complete and consistent with the facts,
   • is entitled to conclude the Agreement under the applicable law,
   • the information provided does not violate the rights of third parties,
   • Has familiarized himself with the content of the Regulations and undertakes to comply with their provisions.
7. The Service Provider, upon receipt of a properly completed Registration Form, will send a message to the e-mail address provided by the User containing an activation link for completing the registration process.
8. After completing the Registration process referred to in Section 7 of these Terms and Conditions, the Service Provider will create an Account on the Site using the login provided in the Registration form.
9. The contract between the Service Provider and the Client is concluded upon confirmation of registration by the Client by activating the link sent for this purpose by the Service Provider to the Client's e-mail address.
10. The Service Provider is entitled to verify the personal data provided by the User and the Customer at any time by contacting them by phone or sending a message to their e-mail address.
11. The Service Provider may make the Client's registration on the Site subject to confirmation of the accuracy of the data provided by the Client in the registration form.
12. The Customer's Account on the Site contains the Customer's data provided by the Customer in the registration form. If any data changes, the recipient should immediately update them in the Account assigned to him. It is not permitted during the use of the Services for the recipient to delete the data provided, as referred to in the paragraphs above, except to update them, as well as to provide data that is false, incomplete or of third parties who have not given their consent.
13. The recipient is not entitled to change the identifying name he/she provides on the Website. A different e-mail address must be assigned to each Account.
14. The service recipient is not authorized to use the account of another service recipient and share his account with others.
15. Logging into the Account on the Site is done using a login and a unique password known to the authorized Service Recipient.
16. The Service Recipient accepts the need to provide an e-mail address. This address is a necessary form of identification of the Service Recipient. The address provided will be used for all correspondence related to the provision of Services. The recipient agrees to update the e-mail address, if it changes, in the settings of the established Account.
17. The User and the Service Recipient shall immediately notify the Service Provider of known violations of the Terms and Conditions and of the unlawful nature of data, information or actions taken through the Sites. Upon receipt of such notification, the Service Provider shall take the actions prescribed by law, including immediately preventing access to the specified data, information or activities.
18. The Service Provider has the right to block the Account if:
    • The recipient engages in activities detrimental to the Site, in particular, disrupting its operation, preventing its use or causing its malfunction, as well as insulting the Service Provider or other Users,
    • The Customer violates any of the provisions of the Terms of Service,
    • The recipient promotes content that is prohibited by law or contrary to good morals,
    • The recipient does not comply with the Service Provider's admonition not to violate the Terms of Service,
    • The Service Provider will become reasonably suspicious that the Service Recipient is using personal data that is not his own.

§7 Privacy and personal data protection

1. Within the Service, the Service Provider processes personal data of Users and Service Recipients in accordance with the rules set forth in the "Privacy Policy", available at: pomagam.cancerfighters.pl.
2. The Administrator of the Personal Data of Users and Service Recipients is the Service Provider.
3. The scope of the processed personal data is as follows: name, surname, residence/site address, e-mail address, company name, tax ID, PESEL.
4. In addition, the Service Provider may process exploitation data in terms of IP address in order to keep statistics of the Website and to make improvements to the Website.
5. The Service Provider, under the DPA and the RODO in connection with the U.S. DPA, is authorized to process the User's and the Service Provider's Personal Data for the use of the Services (including the transfer of Data for the performance of the Service), as well as for the billing of the Service, the processing of complaints, the investigation of claims for payment for the use of the Service, and for archiving purposes.
6. By using the Services, the User or Customer agrees to the processing and use of his/her personal data for the purpose of performing the Service, in particular, to the transfer of his/her personal data to other entities for the purpose of performing the Service.
7. The Service Provider shall ensure the security of the Service Recipient's personal data.
8. In addition, the Service Provider shall provide technical measures to prevent unauthorized persons from obtaining and modifying personal data sent electronically.
9. The Service Provider shall ensure complete protection of the personal data provided by the User or Client from access by third parties and their disclosure, with the proviso that in certain situations disclosure of data may occur for reasons prescribed by law.
10. The User or Service Recipient has the right to inspect his/her personal data, to correct it and to request the discontinuation of its use.
11. Providing data is voluntary, but necessary in order to set up an Account and use the Services requiring an Account.
12. The User's or Service Recipient's e-mail address may be used to send commercial information electronically only after the User or Service Recipient has given his consent. The User or Service Recipient has the option to withdraw consent at any time, without giving any reason.

§8. intellectual property rights and use of content on the Website

1. Copyright to the Services, regardless of their type and form, is vested in the Service Provider.
2. The User or Client making any content available to the public or submitting any content for publication on the Site, at the same time grants the Service Provider an unlimited as to time and territory, free of charge, non-exclusive license for commercial and non-commercial use of such content on the Sites and other activities of the Service Provider in the following fields of exploitation:
   • fixation and reproduction of the work in the form of copies by all techniques, in particular printing, reprography and digital on any media,
   • marketing, lending or leasing of the original or copies of the work,
   • Distribution of the work through its public exhibition, display, reproduction,
   • Broadcasting and re-broadcasting, as well as making the work available to the public in such a way that anyone can have access to it at a place and time of their choosing (including the Internet, mobile phone networks and other electronic communication networks) and transmission by e-mail.
3. The User and the Client, within the scope of the license set forth in paragraph 2, grants the Service Provider a license to use the dependent rights, in particular to make elaborations and translations of this content.
4. The User and the Service Recipient shall leave to the Service Provider the freedom to designate the authorship of the content or not to do so, subject to those works for which the Service Provider is required to designate authorship.
5. The User and the Service Recipient declare that the content does not violate the rights of third parties and that the User accepts full warranty responsibility to the Service Provider that no entity will, in connection with the use of the content, raise any claims against the Service Provider.
6. If the User or Client uses the Services related to making his/her image available to the public on the Sites, pursuant to Article 81 of the Law on Copyright and Related Rights, the User or Client consents to its gratuitous recording, reproduction and distribution by the Service Provider under the terms and fields of exploitation indicated in paragraph 2.
7. The license and consent referred to in the paragraphs above may be terminated by the User or the Service Recipient with 6 months' notice.
8. In terms of providing content from Users in comments on articles and in ratings, the Service Provider only provides Users with the resources of its ICT system for their storage and is not responsible for their content.

§9 Complaint procedure

1. The User and the Service Recipient have the right to complain directly to the Service Provider on matters relating to the performance of the Services.
2. A properly submitted complaint should contain at least the following details:
   • identification of the User or Service Recipient, in particular: first name, last name, e-mail address,
   • The address of the Service to which the complaint relates,
   • subject of complaint,
   • circumstances justifying the complaint.
3. Complaints that do not contain the above data will not be considered by the Service Provider.
4. Complaint (marked "Complaint") should be submitted:
   • to the Service Provider's address: CANCER FIGHTERS FOUNDATION, 7/9 Borowskiego St., 66-400 Gorzów Wielkopolski,
   • via the form available on the Services,
   • at email address: biuro@cancerfighters.pl,
5. The Service Provider will endeavor to resolve complaints within 30 days at the latest, and will notify the applicant of the decision via e-mail to the address provided in the complaint in accordance with paragraph 2 above.

§10 Duration of the contract and its termination

1. The contract for the provision of services by electronic means, the content of which constitutes the Regulations, is concluded for an indefinite period of time.
2. At any time, the Service Recipient has the right to terminate the contract for the provision of Services by deleting his/her Account himself/herself or by submitting a request for its deletion to biuro@cancerfighters.pl, and the User by ceasing to use the Services.
3. The Service Provider may terminate the contract for the provision of services under an individual Account without giving any reason with seven days' notice, while notifying the User electronically.
4. The Service Provider has the right to terminate the contract for the provision of Services immediately, including deletion of the User's Account, in the following cases:
   • violation of material provisions of the Regulations by the Customer or User,
   • the Service Provider acquires reasonable, credible information that the Account is fraudulent, contrary to the law, morality, violates the personal rights of third parties or the legitimate interests of the Service Provider,
   • posting on the Site or in the Account content that is untrue, inconsistent with applicable laws, violating the legally protected personal rights of third parties or the legitimate interests of the Service Provider,
   • use by the Customer or User of the Services contrary to their intended purpose,
   • deletion by the Customer of the e-mail address that was used to establish the Account,
   • receipt by the Service Provider of repeated messages about the overflow of the email inbox of the Service Recipient or User, preventing further provision of Services.
5. The service provider reserves the right to refuse to provide the Services, including deletion of the Account, if it is established once again after the removal of the Account by the service provider, resulting from violation of the Rules.

§11 Amendments to the Regulations

1. The applicable Terms and Conditions are available at Pomagam.CancerFighters.co.uk.
2. The Service Provider reserves the right to unilaterally change the provisions of the Regulations, without having to justify the reasons to the User and the Customer, subject to Section 4.
3. The Service Provider undertakes to inform the User and the Service Recipient about the changes made to the Terms and Conditions by posting the unified text of the Terms and Conditions at the Internet address Pomagam.CancerFighters.pl.
4. Changes made to the Regulations shall become effective 7 days after its content is made available at pomagam.cancerfighters.pl. The User or Service Recipient has the right, within 7 days from the date of making the content of the Regulations available, to submit to the Service Provider a statement of non-acceptance. The statement shall be sent by e-mail to biuro@cancerfighters.pl.
5. Submission by the User of the statement referred to in paragraph 2 is equivalent to termination by the User of the contract with the Service Provider.

§12 Final provisions

1. In matters not covered by these Regulations, the provisions of the Civil Code, UODO, UŚUDE, RODO and other laws shall apply.
2. The Appendices and the Privacy Policy are an integral part of the Terms and Conditions.
3. The court competent to resolve any disputes arising under these Terms and Conditions shall be the court with jurisdiction over the registered office of the Service Provider, unless otherwise provided by mandatory provisions of law, in particular concerning the protection of consumer rights.
4. The regulations come into force on 10.11.2021.

Appendix to the Regulations - list and description of services of the services

I. General services

1. Newsletter - Service consisting of sending an electronic newsletter about the Service Provider's activities, including the status of the Projects, by e-mail to subscribers, through a mailing module. The service is available free of charge. Ordering is done by filling out a dedicated form. The Service Recipient may unsubscribe from the Newsletter at any time by clicking on the "Unsubscribe" hyperlink included in each email sent to the Service Recipient with the Newsletter content. The recipient, by placing an order to receive the Newsletter, agrees to receive the information contained therein, also if it is of a commercial nature.
2. Downloadable files - The service consisting in making available by the Service Provider files containing documents needed for the implementation of the Projects, reports on the implementation of the Projects, promotional materials and others.
3. Internet Search Engine - A service that allows the Service Recipient or User to search for information published on the Services.
4. Provision of informative content - the Service Provider through the Services informs about the ongoing Projects, presents the scale of their implementation and possible forms of involvement.
5. Beneficiary Services - Users have the opportunity to financially support the Service Provider and the Projects it organizes through:
   • making a payment by using the direct payment function of the Services or by traditional transfer to the Project's data indicated on the Services;
   • The ability to download a program to prepare annual tax returns and at the same time donate 1% tax to the Service Provider.
   • the transfer through the Service Provider of in-kind donations under the Project.
6. Enabling comments, recommendations and voting on the content made available on the Services - the purpose of comments is to allow Users and Service Recipients the opportunity to express themselves on the content on the Services, as well as mutual discussion about it between Users. The posting of comments follows the following rules:
   • the content of the comments must be related to the content of the Service and be reflections on it, a critical statement or commentary on it,
   • The content of comments must not contain false information and must not cause verbal quarrels in the Service between Users and Service Recipients,
   • Comments may not contain content contrary to the law and good manners, in particular, vulgar or offensive content,
   • Comments must not contain information contrary to the Projects' assistance standards, particularly requests for assistance or bank account numbers,
   • the same comment can be posted only once.
7. Comments that violate the aforementioned rules may be removed by the Service Provider, and the User or Service Recipient who posts them may be banned by the Service Provider from commenting.
8. Contact or application form - a Service whereby a Customer or User can contact the Service Provider using a dedicated form, for the purpose indicated in the form. The Service Provider undertakes to handle messages sent via the form on an ongoing basis. The response to the message sent will be directed to the e-mail address provided by the person sending the message.

II. Reporting Families in Need

1. As part of the Pomagam.CancerFighters.co.uk Project, the Service Provider allows Users and Service Recipients to apply to the Project for Families in Need through the Service.
2. A family may be enrolled in the Project by an individual or a legal entity (institution).
3. In the case of an application of the Family by a legal entity, acceptance of the Regulations on entrustment of personal data processing is required.
4. A family can be reported only with its prior consent. Consent is received only on a dedicated form made available for download on the Site. The Family gives its consent by having the Family's representative affix his/her handwritten signature to the printed form and providing the Family's representative's information.
5. Submission is made by the User or Service Recipient completing a dedicated form on the Site and uploading a scan (photo) of the consent form with the signature of the Family representative.
6. After enrolling the Family in the Service, the User or Service Recipient is required to send the original (paper) consent form at their own expense to the Service Provider's address, i.e. CANCER FIGHTERS FOUNDATION, 7/9 Borowskiego Street, 66-400 Gorzów Wielkopolski.
7. A User or Service Recipient may submit himself and his family to the Project.
8. Families will not be included in the Project:
   • whose application is incomplete, i.e. does not include a scan of the consent form or other required information;
   • whose application contains errors that make it impossible to contact the family, such as incorrect contact information;
   • whose original consent form is not delivered to the Service Provider's address.

III. Donor Services and Responsibilities of Donors to the Help.CancerFighters.co.uk project.

1. As part of the Pomagam.CancerFighters.co.uk project, the Service Provider posts anonymized stories of needy families on the Website, along with a list of their needs. The User or Service Recipient has the opportunity to read the stories.
2. The User or Service Recipient has the opportunity to select the family to which he will prepare material assistance ("Parcel"). The choice is made through the website pomagam.cancerfighters.pl. It is possible to select more than one family by the User or Service Recipient.
3. Once the selection of the needy family has been made, the User or Recipient undertakes to the Service Provider to prepare assistance for them under the conditions and to the extent specified in the details of these persons and in accordance with the Regulations.
4. The User or Service Recipient, undertaking to perform the obligations referred to in this section, declares that he understands the responsibility for providing assistance to persons in need, and that in performing the obligations assumed, he will exercise the utmost diligence, keeping in mind, first and foremost, the welfare of the persons assisted and the welfare of the Service Provider.
5. If it is found that the User or the Service Recipient is not fulfilling or improperly performing the obligations assumed by the User or the Service Recipient under this Section, the Service Provider may:
   • admonish the User or the Service Recipient, at the same time calling on him to remove the consequences of violations of the Terms and Conditions and to continue to properly perform his obligations,
   • terminate the contract for the provision of Services and cancel the selection of the needy family by the User.
6. The User or Service Recipient who declared in the Service to prepare assistance to a family in need, undertakes to prepare assistance according to the needs specified in the list of family needs.
7. The User or Service Recipient referred to in paragraph 6 is obliged to deliver, at his own expense, the assistance he has declared to the address: CANCER FIGHTERS FOUNDATION, 7/9 Borowskiego St., 66-400 Gorzów Wielkopolski.
8. The service provider does not control the content of packages donated in the action.
9. The User and the Service Recipient take full responsibility for the quality of the assistance provided.
10. Products donated by the User or Recipient should be packaged in accordance with the instructions and marked with a label identifying the assistance for a specific family.
11. The service provider does not provide transportation of bulky aids (e.g. refrigerator, washing machine). The user is obliged to provide transportation of this type on his own.