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Terms and Conditions – Cause Registration

Welcome to iFundraise.ie

iFundraise.ie is operated by iDonate.ie LTD and is registered with the Company Registration Office Dublin 533426

These Terms and Conditions, together with any and all other documents referred to herein, user Terms and Conditions , Privacy Policy and Cookie Policy, set out the terms of use under which you may use this website, www.ifundraise.ie (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

In order to promote and facilitate the efficient collection of donations, Our Site provides online payment and administrative services to organisations such as Clubs, Schools Causes, volunteer and community organisations and personal causes.

By registering with Our Site you are requesting that Our Site provide these Services.

Our Site has agreed to provide these Services on behalf of the organisation on the terms and conditions as set out on this document.

Our Site will make a payment to the organisation each month. The payment will include all donations received in the previous month to the bank account provided below. All Payments are made in 1 Lump Sum. Payments are completed by 15th of each month at the latest.

Any changes to this agreement shall be communicated by eMail to the signed organisation.

Registration

Our Site is open to Clubs, Schools Causes, volunteer and community organisations and personal causes. Our Site may seek proof of registration for any organisation registered on Our Site.  Our Site do not control or monitor how organisations use donations made through Our Site.

Privacy

Please review our Privacy Statement and Cookie Policy, which also governs your visit to our website, to understand our practices.

Electronic Communications

When you visit Our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Our Site or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Our Site, with copyright authorship for this collection by Our Site, and protected by international copyright laws.    

Reviews, Comment, EMails, and other Content

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Our Site reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Our Site and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Our Site and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Our Site or its associates for all claims resulting from content you supply. Our Site has the right but not the obligation to monitor and edit or remove any activity or content. Our Site takes no responsibility and assumes no liability for any content posted by you or any third party.

Applicable Law

By visiting Our Site, you agree that with the Irish law and the Courts of Ireland shall have jurisdiction to determine any dispute arising in connection with them.

Disputes

If you have a dispute with Our Site please let us know by calling +353 (0) 93 52467 or email [email protected] and we will try to resolve the problem quickly.

Site Policies, Modifications and Severability

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time, provided you are notified of the change first and given an opportunity to terminate this agreement if it is not acceptable. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. 

Data Processor Agreement

  1. Introduction

1.1 This agreement re processing of personal data (the “Data Processor Agreement”) regulates iDonate Ltd.’s (the “Data Processor”) processing of personal data on behalf of the client (the “Data Controller”) and is attached as an addendum to THE PROVISION OF ONLINE DONATIONS agreement in which the parties have agreed the terms for the Data Processor’s delivery of services to the Data Controller.

  1. Legislation

2.1 The Data Processor Agreement shall ensure that the Data Processor complies with the applicable data protection and privacy legislation (the “Applicable Law”), including in particular The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)

  1. Processing of personal data

3.1 Purpose: The purpose of the processing under the Agreement is the provision of the Services by the Data Processor as specified in the Agreement.

3.2 In connection with the Data Processor’s delivery of the Main Services to the Data Controller, the Data Processor will process certain categories and types of the Data Controller’s personal data on behalf of the Data Controller.

3.3 ”Personal data” includes “any information relating to an identified or identifiable natural person” as defined in GDPR, article 4 (1) (1) (the ”Personal Data”). The categories and types of Personal Data processed by the Data Processor on behalf of the Data Controller are listed in sub-appendix A. The Data Processor only performs processing activities that are necessary and relevant to perform the Main Services. The parties shall update sub-appendix A whenever changes occur that necessitates an update.

3.4 The Data Processor shall have and maintain a register of processing activities in accordance with GDPR, article 32 (2).

  1. Instruction

4.1 The Data Processor may only act and process the Personal Data in accordance with the documented instruction from the Data Controller (the “Instruction”), unless required by law to act without such instruction. The Instruction at the time of entering into this Data Processor Agreement (DPA) is that the Data Processor may only process the Personal Data with the purpose of delivering the Main Services as described in the Main Service Level Agreement. Subject to the terms of this DPA and with mutual agreement of the parties, the Data Controller may issue additional written instructions consistent with the terms of this Agreement. The Data Controller is responsible for ensuring that all individuals who provide written instructions are authorised to do so.

4.2 The Data Controller guarantees to process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. The Data Controller’s instructions for the processing of Personal Data shall comply with Applicable Law. The Data Controller will have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which it was obtained.

4.3 The Data Processor will inform the Data Controller of any instruction that it deems to be in violation of Applicable Law and will not execute the instructions until they have been confirmed or modified.

5.The Data Processor’s obligations

5.1 Confidentiality

5.1.1 The Data Processor shall treat all the Personal Data as strictly confidential information. The Personal Data may not be copied, transferred or otherwise processed in conflict with the Instruction, unless the Data Controller in writing has agreed.

5.1.2 The Data Processor’s employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all the Personal Data under this DPA with strict confidentiality.

5.1.3 Personal Data will only be made available to personnel that require access to such Personal Data for the delivery of the Main Services and this Data Processor Agreement.

5.2 The Data Processor shall also ensure that employees processing the Personal Data only process the Personal Data in accordance with the Instruction.

5.3 Security

5.3.1 The Data Processor shall implement the appropriate technical and organizational measures as set out in this Agreement and in the Applicable Law, including in accordance with GDPR, article 32. The security measures are subject to technical progress and development. The Data Processor may update or modify the security measures from time-to-time provided that such updates and modifications do not result in the degradation of the overall security.

5.4 The Data Processor shall provide documentation for the Data Processor’s security measures if requested by the Data Controller in writing.

5.5 Data protection impact assessments and prior consultation

5.5.1 If the Data Processor’s assistance is necessary and relevant, the Data Processor shall assist the Data Controller in preparing data protection impact assessments in accordance with GDPR, article 35, along with any prior consultation in accordance with GDPR, article 36.

5.6 Rights of the data subjects

5.6.1 If the Data Controller receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and the correct and legitimate reply to such a request necessitates the Data Processor’s assistance, the Data Processor shall assist the Data Controller by providing the necessary information and documentation. The Data Processor shall be given reasonable time to assist the Data Controller with such requests in accordance with the Applicable Law.

5.6.2 If the Data Processor receives a request from a data subject for the exercise of the data subject’s rights under the Applicable Law and such request is related to the Personal Data of the Data Controller, the Data Processor must immediately forward the request to the Data Controller and must refrain from responding to the person directly.

5.7 Personal Data Breaches

5.7.1 The Data Processor shall give immediate notice to the Data Controller if a breach occurs, that can lead to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to, personal data transmitted, stored or otherwise processed re the Personal Data processed on behalf of the Data Controller (a “Personal Data Breach”).

5.7.2 The Data Processor shall make reasonable efforts to identify the cause of such a breach and take those steps as they deem necessary to establish the cause, and to prevent such a breach from reoccurring.

5.8 Documentation of compliance and Audit Rights

5.8.1 Upon request by a Data Controller, the Data Processor shall make available to the Data Controller all relevant information necessary to demonstrate compliance with this DPA, and shall allow for and reasonably cooperate with audits, including inspections by the Data Controller or an auditor mandated by the Data Controller. The Data Controller shall give notice of any audit or document inspection to be conducted and shall make reasonable endeavours to avoid causing damage or disruption to the Data Processors premises, equipment and business in the course of such an audit or inspection. Any audit or document inspection shall be carried out with reasonable prior written notice of no less than 30 days, and shall not be conducted more than once a year.

5.8.2 The Data Controller may be requested to sign a non-disclosure agreement reasonably acceptable to the Data Processor before being furnished with the above.

5.9 Data Transfers

5.9.1 Ordinarily, the Data Processor will not transfer your data to countries outside the European Economic Area. In some cases, personal data will be saved on storage solutions that have servers outside the European Economic Area (EEA), [for example, Dropbox or Google]. Only those storage solutions that provide secure services with adequate relevant safeguards will be employed.

  1. Sub-Processors

6.1 The Data Processor is given general authorisation to engage third-parties to process the Personal Data (“Sub-Processors”) without obtaining any further written, specific authorization from the Data Controller, provided that the Data Processor notifies the Data Controller in writing about the identity of a potential Sub-Processor (and its processors, if any) before any agreements are made with the relevant Sub-Processors and before the relevant Sub-Processor processes any of the Personal Data. If the Data Controller wishes to object to the relevant Sub- Processor, the Data Controller shall give notice hereof in writing within ten (10) business days from receiving the notification from the Data Processor. Absence of any objections from the Data Controller shall be deemed consent to the relevant Sub-Processor.

6.2 In the event the Data Controller objects to a new Sub-Processor and the Data Processor cannot accommodate the Data Controller’s objection, the Data Controller may terminate the Services by providing written notice to the Data Processor.

6.3 The Data Processor shall complete a written sub-processor agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable to the Data Processor, including the obligations under this Data Processor Agreement. The Data Processor shall on an ongoing basis monitor and control its Sub- Processors’ compliance with the Applicable Law. Documentation of such monitoring and control shall be provided to the Data Controller if so requested in writing.

6.4 The Data Processor is accountable to the Data Controller for any Sub-Processor in the same way as for its own actions and omissions.

6.5 The Data Processor is at the time of entering into this Data Processor Agreement using the Sub- Processors listed in sub-appendix B. If the Data Processor initiates sub-processing with a new Sub-Processor, such new Sub-Processor shall be added to the list in sub-appendix B under paragraph 2.

  1. Limitation of Liability

7.1 The total aggregate liability to the Client, of whatever nature, whether in contract, tort or otherwise, of the Data Processor for any losses whatsoever and howsoever caused arising from or in any way connected with this engagement shall be subject to the “Limitation of Liability” clause set out in the Main Service Level Agreement.

7.2 Nothing in this DPA will relieves the processor of its own direct responsibilities and liabilities under the GDPR.

  1. Duration

8.1 The Data Processor Agreement shall remain in force until the Main Service Level Agreement is terminated.

  1. Retention period for personal data

    9.1 Retention period of data given to iFundraise.ie when donating to a Fundraising Page
    If you provide iFundraise.ie with an email address, postal address or contact telephone number, this data will be retained for 3 months following the closure of the fundraising page.

9.2 Retention period of data given to iFundraise.ie when donating directly to a cause
If you provide iFundraise.ie with an email address, postal address or contact telephone number, this data will be retained for 6 months following the date of donation.

  1. Data Protection Officer

10.1 The Data Processor will appoint a Data Protection Officer where such appointment is required by Data Protection Laws and Regulations.

  1. Termination

12.1 Following expiration or termination of the Agreement, the Data Processor will delete or return to the Data Controller all Personal Data in its possession as provided in the Agreement except to the extent the Data Processor is required by Applicable law to retain some or all of the Personal Data (in which case the Data Processor will archive the data and implement reasonable measures to prevent the Personal Data from any further processing). The terms of this DPA will continue to apply to such Personal Data.

Fees & Payments

 

When processing payments online, several service providers charge iDonate Ltd. a transaction fee. These include the donors credit card company, the payment processors such as PayPal, Stripe and Global Payments who handle the secure processing of payments and our banking fees. Some of the fees charged are fixed fees and some are a percentage fee. Transactions fees incurred on donations processed are as follows.

  • Standard Debit / Credit Card – Transaction Fee = 1%.
  • PayPal – Transaction Fee = 1.9% + €0.35
  • Google Pay & Apple Pay – Transaction Fee = 1.4% + €0.25iDonate Ltd. site / admin fee is an additional 4%. This allows us to provide this professional service to causes. The site fee goes towards Development costs, Support Costs, Hosting Costs and Taxes.All donations are transferred to charities on a calendar month basis. Donations made to sports club, school, local cause, community group or individual are transferred the following month.

 

Donations are processed immediately by iFundraise and the processing bank. All donations are securely processed by Realex Payments
As online donations are voluntary, if a donor changes their mind about contributing online to any organisation for any reason, or if a donor donate to the wrong amount by mistake, iFundraise.ie is happy to honour the donors decision, as long as they request a refund within 7 days of the date on which you made the contribution so that a refund can be made to your card’s account. Organisations will be notified by eMail of all refunds and reason for refunds.

iFundraise will make payment to the Organisation each month of donations received in the previous month to the bank account provided on this document.   

Contact iFundraise.ie

For any queries relating to our Terms and Conditions please contact us

By Email :  [email protected]

By Post : Unit 28B, N17 Business Park
Galway Road
Tuam, Co. Galway
By Phone :  +353 (0) 93 52467