Donation Transfer Regulations for the Polish Migration Forum
I. Preliminary Provisions
A. These regulations, hereinafter referred to as the “Regulations,” set out the rules for the provision of electronic services by the Polish Migration Forum Foundation, located in Izabelin, Orła Białego Street 44, 05-080 Izabelin, a public benefit organization, entered into the register of associations, other social and professional organizations, foundations, and public healthcare institutions, and the register of entrepreneurs of the National Court Register, kept by the District Court for the capital city of Warsaw in Warsaw, XIV Economic Division of the National Court Register, under KRS number 0000272075, NIP: 118-18-79-509, REGON: 140851979 (hereinafter referred to as the “Foundation”), which consists of enabling individuals using the website [https://forummigracyjne.org/donate] to transfer monetary donations for the statutory activities of the Foundation.
B. Whenever the term “Donor” is used in these Regulations, it shall mean any person using the website [https://forummigracyjne.org/] for the purpose of making a donation.
C. By using the website to make donations, the Donor declares and confirms that they have read the content of the Regulations and accept its provisions.
D. The current version of the Regulations is always available to the Donors on the website [https://forummigracyjne.org/donate].
II. Rules for Making Donations
A. Purpose of donations: Donations made by Donors are used exclusively for activities consistent with the statutory objectives of the Foundation.
B. Form of making donations: By transferring financial resources, the Donor makes a donation within the meaning of Article 888 § 1 of the Civil Code. The transfer of financial resources fulfills the prerequisites of Article 890 § 1 sentence two of the Civil Code, which means that regardless of the form of the notarial deed, the donation is valid and effective regardless of the form in which the Parties’ declarations were made.
C. Payment operator: Donations are transferred via the payment operator – PayU S.A. company, located in Poznań, Grunwaldzka Street 186, 60-166 Poznań, NIP 7792308495, REGON 300523444, KRS 0000274399 (hereinafter referred to as the “Payment Operator” or “PayU”), on the terms agreed upon by the Parties.
D. Method of making donations: A donation can be made by filling out a form available on the website [https://forummigracyjne.org/donate] and clicking on one of the “Pay with PayU” options. After clicking on the link, one should follow the instructions posted on the Payment Operator’s website.
E. Payment methods: Donations can be made using electronic transfer, credit or debit card, and the BLIK mobile payment system.
F. Transaction security: Donor payments are protected with a secure SSL certificate. Thanks to this, all transmitted information is encrypted.
G. Payment realization: Details regarding the realization of online payments are defined in the Payment Operator’s regulations available on the PayU website [https://poland.payu.com/legal-documents-download/].
H. Confirmation of making a donation: If the Donor wants to receive confirmation of the donation payment, they should inform the Foundation about this before making the donation payment, at [info@forummigracyjne.org] of the Polish Migration Forum. In such a case, the Foundation promptly confirms the fact of making a donation to the Donor by sending them a message containing the Foundation’s statement about the donation made by the Donor, to the email address of the Donor indicated in the form referred to in point D above.
I. Types of donations: Through the website, one can make one-time donations or cyclic donations, allowing for the regular, monthly transfer of a declared amount of money from the indicated card to the Foundation.
J. Choice of donation amount: When making a donation, the Donor can choose one of the amounts suggested on the website [https://forummigracyjne.org/donate] or enter any amount they choose in the “Other” field.
K. Fees and commissions: PayU does not charge the Donor a fee for the service. The entire amount of the donation goes to the Foundation’s account. PayU charges the Foundation a commission and additional fees.
L. Transfer of data to PayU: The Donor’s data, the title, and the payment amount are provided to PayU by the Foundation. The order is registered after PayU receives the payment.
III. Tax Exemptions
A. Public benefit organization status: The Foundation is a public benefit organization.
B. Possibility of deducting donations from income: According to the provisions of the law, Article 26 section 1 point 9 of the Personal Income Tax Act, it is possible to deduct from income in the tax year the value of donations made to the Foundation.
C. Deduction limit for individuals: An individual may deduct from their income the amount of the donation up to 6% of the income before taxation.
D. Deduction limit for legal entities: A legal entity may deduct from their income the amount of the donation up to 10% of the income before taxation, according to Article 18 section 1 points 1 and 7 of the Corporate Income Tax Act.
E. Keeping the transfer confirmation: The transfer confirmation should be kept for a period of 5 years from making the donation in order to be able to take advantage of the tax deduction opportunity.
IV. Regular Donations in the Form of Cyclic Payments
A. Choice of cyclic payment form: The Donor, deciding to make a donation in the form of cyclic payments, agrees to the monthly collection by the Payment Operator of the monetary amount corresponding to the height of the donation chosen or entered by them.
B. Frequency of collecting donations: A cyclic donation will be collected by the Payment Operator once a month.
C. Saving card details and setting up a standing payment order: The Donor within the cyclic payment service has the option to save card details and set up a standing payment order. The card details are stored by the Payment Operator.
D. Token for cyclic payments: PayU, facilitating the payment, provides a Token for cyclic payments (a virtual card identifier), enabling the assignment to an individual Donor of a unique identifier.
E. Storing credit card details: The Foundation does not collect and process in its information system the credit card (credit or debit) details of Donors. These details are provided exclusively to the Payment Operator by the Donor.
F. Lack of funds in the Donor’s account: In the case of a lack of funds in the account or too low an authorization limit, the declared amount will not be collected.
G. Expiry of card validity: On the day when the validity of the Donor’s card expires, the charging of the card will cease, and donations will not be collected. The Donor can make subsequent donations after renewing the card and re-establishing regular payments with the new card on the website [https://forummigracyjne.org/donate].
V. Complaints, Withdrawal from Cyclic Payments, Donation Refunds, Refusal to Realize Donation, PayU
Services Complaints:
A. Reporting donation issues: In case of problems with making a one-time or cyclic donation, they should be reported to the Foundation at the address: [info@forummigracyjne.org].
B. Complaints about the Payment Operator’s services: The Donor may file a complaint if the services provided in the Payment Operator’s regulations have not been realized or are being realized inconsistently with its provisions. A complaint can be submitted: in writing to the address PayU S.A., Grunwaldzka Street 186, 60-166 Poznań, electronically through the form [https://www.payu.pl/help], by phone at + 48 61 628 45 05.
C. Withdrawal from cyclic payments: Cyclic payment can be canceled at any time by contacting the Foundation at: [info@forummigracyjne.org]. Please include in the subject of the message the words: “Withdrawal from donation”, and in the content include information such as: name and surname, email address, which was provided in the declaration of joining the cyclic payments. The payment will be canceled from the month following the month in which the Donor reported the cancellation.
D. Donation refund: Donations made using PayU payments are non-refundable, except in cases provided for by generally applicable law.
E. Refusal to realize a donation: The Foundation is entitled to refuse to realize a donation, about which it is obliged to promptly inform the Donor and refund the funds paid in case the data indicated in the form are incorrect and/or if there was a violation of the Regulations during the payment. The Foundation will notify the Donor of the refusal to realize the donation by sending a message to the Donor’s email address indicated in the form referred to in point II.D of the Regulations.
VI. Data Processing
A. Data controller: The data controller is the Polish Migration Forum Foundation, located in Izabelin, hereinafter referred to as the “Administrator”.
B. Consent to the processing of personal data: The Donor making a donation accepts the Regulations and consents to the processing of their personal data by the Administrator, and also consents to the processing of their personal data by the Administrator in accordance with the provisions of the Privacy Policy available on the website [https://forummigracyjne.org/news/rodo_pl].
C. Legal basis for processing personal data: The legal basis for processing the Donor’s data is consent, which is given as a result of making a Donation and for the acceptance of which the processing of the Donor’s data is necessary.
D. Purposes of processing personal data: Personal data of the Donor are processed exclusively for purposes related to the acceptance and accounting settlement of the Donation.
E. Provision of personal data: The provision of personal data is not mandatory, however, failure to provide them will mean that making a Donation will be impossible.
F. Collection of personal data: The Administrator may collect the following data: name, surname, email address, date of payment, and amount of the donation – if the Donor has provided this data.
G. Period of processing personal data: Personal data of the Donor will be processed for the time until the expiration of the period of limitation of claims and obligations arising from the contract concluded with the Administrator.
H. Transfer of personal data: The Administrator does not intend to transfer the Donor’s data to a third country or to international organizations.
I. Rights of the Donor: The Donor has the right to access their data, correct them, request their deletion, as well as the right to limit processing and to object to the processing of personal data. To do this, the information should be reported to the address: [info@forummigracyjne.org]. The Donor also has the right to lodge a complaint with the supervisory authority (the President of the Personal Data Protection Office) if their data is processed in violation of legal requirements.
J. The right to withdraw consent: To the extent that the data are processed based on separate consent, the Donor has the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing of data carried out before its withdrawal.
K. Making decisions regarding personal data: Based on the personal data of the Donor, the Administrator will not make automated decisions towards the Donor, including decisions resulting from profiling.
VII. Final Provisions
A. Amendment of the Regulations: The Foundation has the right to change the Regulations at any time, in particular to adapt its provisions to generally applicable legal regulations.
B. Application of generally applicable laws: In matters not regulated by the Regulations, the relevant provisions of generally applicable law shall apply.
C. Validity of the Regulations: The Regulations are effective from the day of their announcement on the website [https://forummigracyjne.org/donate].
