Terms of Service

Definitions

Definitions Used in This Document

“Service” – The internet service provided by the Foundation at podarujserduszko.pl, serving as an IT platform to support fundraising for charitable purposes.

“Foundation” – Foundation “Podaruj Serduszko” based in Modrzyca, ul. Czereśniowa 4, 67-106 Modrzyca, Poland, registered in the National Court Register under KRS number 0001097786, NIP 9252144832, also known by its international name “Heart’s Touch.”

“Intellectual Property” – The Foundation’s rights, including author’s economic rights, industrial property rights, particularly trademark rights, and the right to the name “Podaruj Serduszko.”

“Regulations” – These regulations specifying the rules for third parties’ use of the Foundation’s Intellectual Property.

General Provisions

General Provisions

  1. Service Information
  • The portal operating at “https://hearts-touch.com/”, hereinafter referred to as the “Service”, is managed by the Foundation “Podaruj Serduszko” located at Czereśniowa 4, 67-106 Modrzyca, Poland, registered in the National Court Register under KRS number 0001097786, NIP 9252144832, hereinafter referred to as the Foundation, also known by its international name “Heart’s Touch.”
  • These regulations, hereinafter referred to as the “Regulations”, define the terms and conditions for using the Service.
  1. Purpose of the Service
  • The Service allows users to support the Foundation’s activities by making online payments.
  1. Intellectual Property Rights

The use of these materials without the Foundation’s consent is prohibited.

All publications and photos posted on the Service are the property of the Foundation.

Trademarks

  1. Prohibition of Unauthorized Use – The use of the Foundation’s trademarks without explicit consent, which must be provided at least via email, is prohibited. However, use of trademarks is permitted if allowed by law.
  2. Prohibition of Similar Marks – The use of marks similar to those of the Foundation, including modified or color-changed versions of the trademarks, is prohibited.
  3. Conditions for Authorized Use – The Foundation may grant permission to use its trademarks under the following conditions:
    1. The use does not imply partnership, sponsorship, support, or collaboration with the Foundation unless it is factually accurate.
    2. The trademarks are not the most prominent or distinctive element of the material.
    3. The trademarks are not used in materials related to pornography or illegal activities.
    4. The use does not infringe on the Foundation’s rights, including its reputation, and does not place the Foundation in a negative light.
  4. License Fee and Compliance – Any use of the Foundation’s trademarks not described in the preceding sections or in violation of these provisions requires obtaining consent from the Foundation and paying a licensing fee of 20,000.00 PLN (twenty thousand złoty) for each commenced day of use of one trademark.
  5. Discretionary Conditions – The Foundation may, at its discretion, accept different conditions for trademark use than those outlined in the previous sections.
  6. Revocation of Consent – The Foundation may withdraw consent for the use of its trademarks at any time, without providing a reason. This action will terminate the license to use the trademarks.

Portal hearts-touch.com

  1. Ownership of Copyright – The copyright to the graphic elements of the Service and other content placed on the Service by the Foundation, which constitutes a work under the Act of February 4, 1994, on Copyright and Related Rights (consolidated text: Journal of Laws 2018, item 1191, as amended), as well as to the overall design of the Service, belongs exclusively to the Foundation or to third parties with whom the Foundation has entered into appropriate licensing agreements.
  2. Prohibition of Unauthorized Use – Any use, including copying, reproducing, and distributing graphic elements of the Service, as well as the overall design of the Service, without the Foundation’s consent is prohibited, except for use of the Service in the manner for which it was created and as specified in § 3 of the Regulations.
  3. Licensing and Fees – The Foundation may, at its discretion, grant permission to use elements of the Service or its overall design, provided that a licensing fee of 30,000.00 PLN (thirty thousand złoty) for each commenced day of use is paid.

Online Payments

The Service allows users to make online payments to support the statutory activities of the Foundation. Online payments are handled by the payment services PayPal and Stripe. Users will be redirected to the payment portals by clicking the appropriate link on the Service. All amounts must be expressed in British Pounds (GBP). The details of transactions are governed by the terms and conditions of PayPal and Stripe.

Data Protection

In accordance with Article 13 of the General Data Protection Regulation (GDPR) of April 27, 2016 (Official Journal of the European Union L 119 of May 4, 2016), we inform you that the personal data provided by you through the forms and actions described in this regulation will be processed for the statutory purposes of the Foundation and in connection with the services provided by the Service. Using these forms constitutes consent to the processing of the provided personal data.

According to Article 13 of the GDPR, the data controller for your personal data is the Foundation “Podaruj Serduszko”. You can contact the Data Protection Officer via email at: office@hearts-touch.com.

Your personal data will be processed for the purpose of performing the Foundation’s statutory tasks and sending you information about the Foundation’s activities and acknowledgments, based on Article 6(1)(e) of the GDPR. The category of personal data collected is non-sensitive data.

The recipients of your personal data will be only entities authorized to access personal data under the law. Your personal data will be stored until you object to the processing.

You have the right to:

  • Request access to your personal data from the data controller,
  • Request rectification, deletion, or restriction of the processing of your personal data,
  • Object to the processing of your data for purposes other than statutory,
  • Lodge a complaint with the supervisory authority.

Data of individuals who choose to make a donation via the payment form will be transferred to the data controllers at paypal.com or stripe.com based on a data processing agreement. For processing payments, it is necessary for the user to consent to the transfer of data to paypal.com or stripe.com.

Final Provisions

Effective Date
These Regulations, in their current version, are effective from April 4, 2024. The Regulations are available on the Service’s website and at the Foundation’s registered office.

Changes to the Regulations
The Foundation reserves the right to amend these Regulations at any time. The invalidity of any provision of these Regulations does not affect the validity of the remaining provisions.

Service Availability
The Foundation is not responsible for any interruptions in access to the Service. The Foundation has the right to discontinue any of the aforementioned services at its discretion.

Complaints
Complaints regarding the operation of the aforementioned services should be sent to the email address: office@hearts-touch.com. Complaints will be addressed within 21 days from the date of receipt.