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Please read these terms of use carefully. By registering on this website and by performing a donation, you agree to be bound by the terms described herein. If you do not agree to all of these terms, do not use this website. Please read these terms of use carefully.

1. COMPANY INFORMATIONS

www.wishraiser.com and its services are offered by Wishraiser Ltd, a limited liability company registered in England and whose registered address is 20/22 Wedlock Road, N1 7GU London, United Kingdom. Secondary office address is at Via Stefanardo da Vimercate 28, 20188, Milan, Italy, VAT number 09140550964, share capital 10.000 €, registered at the Companies Register of Milan with registration number 09140550964. Wishraiser Ltd, an innovative startup engaging in social activities, is the exclusive owner of the website including domain name www.wishraiser.com.

2. BACKGROUND

Wishraiser.com is a digital fundraising platform enabling Non-Profit Organizations to launch Fundraising campaigns for Charity projects.

Wishraiser wants to improve the fundraising process encouraging participation in charitable causes and allowing donors to make Contributions and at the same time live a “once in a life time” experience that goes beyond the personal satisfaction of supporting a social cause.

Testimonials, Supporters, Non-profit organizations and Wishraiser, each within their scope of competence, will jointly contribute to the success of a Fundraising campaign as described in detail in these Terms and Conditions.

3. DEFINITIONS AND INTERPRETATION

In these Terms and Conditions, any term used where singular shall include the plural and vice-versa, and any term in the masculine shall include the feminine and neuter.

Account”: set of features and tools assigned to a User upon registration to the website.

Account deactivation”: the procedure through which User obtains the deactivation of his Account, terminating the use of this website and its features.

Beneficiary”: Non-profit organization that collects a Donation from a Supporter.

Charity contest”: prize draw with charitable purposes promoted by Wishraiser for the success of a Fundraising campaign.

Charity project”: a project made possible thanks to the funds collected through a Fundraising campaign.

Company” or “Wishraiser”: Wishraiser LTD, located at 20/22 Wedlock Road, N1 7GU London, United Kingdom. Secondary establishment located at Via Stefanardo da Vimercate 28, 20128, Milan, Italy.

Contents”: All contents, information, features related to the website or any other content created or provided by Wishraiser or its assignors.

Contract” or “Term and conditions”: this legal agreement that governs both the relationship between Wishraiser and Users with respect to the use of this website and the relationship between Users and Beneficiaries in respect of the donations made.

Contribution” or “Donation”: a pledge of money made by a User to a Beneficiary in support of a Fundraising campaign.

Fundraising campaign” or simply “Campaign”: set of activities promoted by a Non-profit organization through the website and designed to raise financial resources in support of charity and social projects.

Log-in credentials”: e-mail address and password that allow Users to access the website.

Non-profit organization” or “Charities”: organizations whose purposes are other than making a profit.

“Registration”: procedure allowing a Visitor to register to the Website and become a User by completing the online form and providing the requested information.

Reward”: good or services that are provided by the Beneficiaries to the Supporters in return for Contributions.

Service” or “Experience”: an activity, event or experience that the Testimonial is committed to carry out with the Supporter.

Sponsor” or “Testimonial”: celebrities or socially relevant individuals working in the show business, culture, sport, science or art community, who want to dedicate some of their spare time in order to promote and support a Fundraising campaign, using their image and fame for this purpose.

Supporter”: A User who contributes to the success of a Fundraising campaign by making a Donation to Non-profit organizations.

User”: an individual who registers on the website by creating a personal Account.

Visitor”: any individual who accesses the Website and the content published therein, without signing up beforehand or without carrying out a Donation.

Website” or “Platform”: Vehicle of Fundraising campaigns promoted by Non-profit organizations accessible at https://www.wishraiser.com and any other associated subdomain.

4. OBJECT

Wishraiser, through its website www.wishraiser.com, intends to provide Non-profit organizations with a digital tool allowing them to promote Fundraising campaigns and support their Charity projects. Users will have the chance to support the Campaign by selecting the level of Contribution they are comfortable with and making a monetary donation by using the payment systems implemented on the Website. Funds will be instantly directed to the Beneficiary. For each Donation received, the Beneficiary undertakes to offer a Reward consisting of goods or services. Users who carried out the Donation will have the opportunity to enter a Charity Contest promoted by Wishraiser for a chance of winning a final prize, as indicated on the Website.

User understands that the decision to support a Fundraising campaign and a Charity project through a Donation will result in the execution of a donation contract between Supporter and Beneficiary, Wishraiser excluded. The Company’s role is merely to provide Charities with the use of the Platform as a tool to promote Fundraising campaigns in support Charity projects.

5. ACCEPTANCE OF TERMS AND CONDITIONS AND CHANGES

5.1 Acceptance

In order to properly use the Website and complete the donation process, Users will need to accept these Terms and conditions without exception, agreeing to comply with them.

User is aware of the electronic conclusion of the Contract through the “point and click” function – clicking on the virtual acceptance and payment button.

5.2 Amends

The Company reserves the right to modify this Contract at any time and in its sole discretion, however any future amendments will not affect any Donations already made and will take effect only for future Contributions.

Please note that every time a User undertakes to support a Fundraising Campaign through a Donation, he will be requested to confirm the acknowledgement and acceptance of these Terms and Conditions before any Donation is made.

Therefore, Users will be able to finalize a new contract at any time and at their sole discretion or to deactivate their account by either clicking on the “deactivate account button or by forwarding a request to the following mail address:  HYPERLINK “mailto:admin@wishraiser.com” admin@wishraiser.com

6. SERVICE FEATURES

6.1 Visitors

The access to this Website is free and no mandatory registration is required. However, registration is needed before certain futures of the Platform can be used and before supporting a Fundraising campaign. Therefore, in order to make a Donation, a Visitor will need to register an Account, providing the required information in the specific registration and payment forms.

6.2 Users

During the registration process and in order to donate, Users shall provide the Company and the Beneficiary with some personal data. In addition, Users will be required to tick the relevant box to confirm the acknowledgement and the acceptance of these Terms and Conditions, the Privacy Policy and the Charity Contest regulation in case they choose to enter the contest.

As soon as the registration is completed, Users will be able to carry out the Donation, contributing to the Fundraising campaign promoted by the Beneficiaries in support of one or more Charity projects. Be advised that a User must be a HYPERLINK “http://context.reverso.net/traduzione/inglese-italiano/least+18+years+of+age”t least 18 years of age in order to register to this Website and to enter into this Contract.

6.3 Website purpose

The Site represents only a vehicle of Fundraising campaigns promoted by Non-profit organizations, with the exclusion of any promotional objective other than raising awareness on the Fundraising campaign itself.

The use of the Website and its features is free of charge to Users. Wishraiser provides a digital platform through which Non-profit organizations can raise funds from their Supporters for Charity projects giving Supporters a chance to enter into a Charity contest and win a once-in-a-lifetime experience with the Campaign Testimonial. Once the payment is completed, Users will be able to visualize the exact amount of their Contribution. No specific goal is taken into any consideration in order to deem a Campaign as successful.

7. HOW TO SUPPORT A CAMPAIGN

After selecting the level of Donation he is comfortable with, a User will be redirected to the payment form where he will finalize the transaction by providing his credit card data or his Paypal account. After completing a transaction, Users will receive a payment receipt.

Paypal Inc and Stripe Inc, as providers of the gateway payment services, will guarantee that the amount of money donated will be directly wired to the Beneficiary through the payment processing system, less applicable transaction fees imposed by the gateway payment providers. The Company does not receive or save any payment data, such data will be transmitted directly to the gateway payment provider.

8. USER LIABILITY AND OBLIGATIONS

User undertakes:

– To donate the chosen amount, as displayed on the Website while finalizing the transaction.

– To carry out the payments in compliance with the Website regulation, using the gateway payment providers such as PayPal Inc. and Stripe Inc., accepting their terms of use displayed at this link:  HYPERLINK “https://www.paypal.com/it/webapps/ua/useragreement-full”https://www.paypal.com/it/webapps/ua/useragreement-full and  HYPERLINK “https://stripe.com/it/terms.”https://stripe.com/it/terms

– To authorize the gateway payment provider to carry out the Donation, charging the payment card or the PayPal account with the relevant amount of money.

– To thoroughly examine the Fundraising campaigns promoted on the Website and freely select the level of donation he intends to carry out.

– To follow a process of awareness-raising in respect of the Charitable project that the Campaign is set to fund.

– Not to create more than one single personal Account.

– To act in accordance with the laws and the applicable regulations.

– Not to create an Account on behalf of a third party without authorization.

– Not to transfer his personal account to any third party.

– Not to create a second Account without authorization from the Company if the original account has been deactivated.

– To ensure that provided personal data is correct and up-to-date.

– Not to share his password, nor allow a third party to access the personal Account nor perform any other action that may endanger the security of the Account.

–  To use the Website and make one or more Donation with full awareness of contributing to a Fundraising Campaign in support of Non-profit organizations.

– In case of entering the Charity Contest, to fully respect the relevant regulation without any exception.

– To use the Website in compliance with this Contract and as indicated on the Website itself.

– Not to copy, modify or distribute the content of the Website or the trademarks belonging to Wishraiser and its assignors.

– Not to use the Website in any manner that could damage or violate any right of any third party.

– To print or archive this Contract in order to preserve a back-up copy.

– To respect terms and conditions provided by the gateway payment providers and consent to the processing and use of personal data.

– Not to provide a false name for the Registration.

– Not to use unauthorized or fake credit cards.

– To pay commissions and fees charged by the relevant bank or by the payment gateway providers.

– If participating to an experience, to deliver a certificate of pending proceedings including criminal convictions and to sign a letter of intent provided by the Company containing rules of good behavior to comply with during the Experiences.

–   to be solely responsible for determining if any amount donated to the Beneficiary is tax deductible and to consult with qualified tax advisor.

9. WISHRAISER LIABILITY AND OBLIGATIONS

Wishraiser undertakes to provide Users with an online platform that allows them to make a Donation and support a Fundraising campaign promoted by a relevant Non-profit organization. Wishraiser also undertakes to fulfill the promise indicated in the Regulation of the Charity Contest and supervise the correct unfolding of the Contest and the Experience itself. Wishraiser agrees to properly respond to any User’s inquiry for information and assistance. Although Wishraiser may from time to time agree to advertise certain Charitable projects also in order to raise Users’ awareness on their goals, it is also understood that the Company will not be involved in the management of or use of Contributions received by the Beneficiaries in relation to the success or fulfillment of a Charitable project. Wishraiser shall not be held responsible in any case for any non-fulfillment resulting from causes outside its reasonable control, including website malfunctions that may impede access to the Platform. The Company shall not be held responsible for any dispute arising between Beneficiaries and Supporters, between Users and a third party.  To the extent permitted by the applicable law, Wishraiser declines any responsibility for any processing error of payments or their successful outcome, in particular with regard of fiscal aspects, taxation or any issue related to the management of the Contribution made in favor of the Beneficiaries. Furthermore, Wishraiser is not in the position to determine nor control any fee or commission charged to the Supporter by the relevant bank and related to the Donation. Wishraiser is not responsible for the content on any third-party link and, without limitation, any link contained in a linked site, and User acknowledges that the Company cannot be held responsible for the content or any other aspect related to those websites. If User decides to access third-party websites, including Beneficiaries’, he does so at his own risk.

10. NON-PROFIT ORGANIZATION REPRESENTATIONS AND WARRANTIES

The Beneficiary undertakes:

– To fulfill the Rewards offered based on the level of Donation made by a Supporter, within the estimated fulfilment or delivery date indicated on the Website and in any case not later than 30 (thirty) days from the end of the Fundraising campaign.

– To deliver the Donation receipt upon Supporter’s request.

– To realize the Charity project promoted through the Site.

The Beneficiary will receive directly the amount of collected Donations raised during the Fundraising Campaign.

11. DELIVERY OF REWARDS

All Rewards will be delivered by courier both in Italy and abroad.  Delivery is free.

In the event of non-delivery due to absence of the Buyer, the courier will attempt a new delivery on the following day. In case of failure of a second delivery attempt due to User’s absence, then the courier will leave a delivery note and User will have to collect the Reward directly at the warehouse where it will be stored within 7 days.

In case of failure to collect the Rewards, these will be returned to the Beneficiary and if Supporter requests a new shipment, this will have to be arranged following the instructions provided by the Company and Supporter shall bear the costs of the second shipment.

12. WARRANTIES

12.1 Exclusion of warranties related to the functioning and the content of the website

Except as otherwise provided by mandatory law, the Company does not guarantee that access to this Website will be uninterrupted or error-free, nor the fixing of all bugs and malfunctions.

The Website and the Contents are provided on a “as is” basis, without any expressed or implied warranty, including -but not limited to- any implied warranties of completeness, fitness for any particular purpose, correctness. Please note that, despite the necessary monitoring carried out on the Non-profit organizations and on the Fundraising campaigns they promote, Wishraiser is unable to guarantee that the Charity projects financed through the Website will be actually carried out. Furthermore, the Company shall not be held responsible for the truthfulness of the Fundraising campaign promoted by the Non-profit organizations on the Website, nor for the content of the information published by the Charities on their dedicated page.

The Company shall not be held responsible for any technical failure or other problems of any telephone network or service, computer online systems, server or provider, hardware, software, failure of e-mail or audio/video programs due to technical problems or traffic congestion on the Internet or on the Website.

12.2 Quality of the rewards.

Beneficiaries will deliver the Rewards to the Supporters according to the Donation amount selected on the Website.

The Rewards consist of digital goods, products and services delivered in the conditions described on the Website. Neither the Non-Profit organization nor Wishraiser will be able to guarantee the quality of Rewards that may include items used during sports events, recreational events and shows that may present flaws and imperfection due to their unique nature and the use that has been made of them. Such flaws and imperfections might also represent an intrinsic characteristic of the Reward, as well as its added value.

13. INTELLECTUAL PROPERTY

The Website and all of its Contents and features, including images linked or even related to the Testimonial, belong to the Company and to its assignors, and are protected by copyright law. It is understood that, unless an express written authorization is given by the Company, Users must use Contents only for specific and legitimate purposes connected with the Website service.

No Content may be modified, distributed, published, transmitted, sold, licensed, copied or used for any purpose other than the use of the Website.

14. COMMUNICATIONS

From time to time the Company may need to provide Users with certain communications, such as service announcements and administrative messages, including – but not limited to – notifications or announcements related to the Fundraising campaigns.

User also undertakes to carefully examine the privacy policy posted on the Platform.

15. APPLICABLE LAW AND COMPETENT COURT

This Contract shall be governed by the laws of Italy. Any dispute arising out of or in relation to this Contract, shall be subject to the jurisdiction of the Milan courts.

PRIVACY POLICY

This privacy policy is provided pursuant to section 13 of Legislative Decree. N. 196/2003 – Personal Data Protection Code (hereinafter simply referred as “Code”). The Data Controller is Wishraiser, a limited liability company having its registered office at 20/22 Wenlock Road, N1 7GU, Great Britain, with secondary office at via Stefanardo da Vimercate 28, 20188, VAT 09140550964 (“Wishraiser” or Data Controller”).

The Data Controller hereby intends to describe its processing of personal data and in particular:

  1. The type of data processed and whether it is mandatory or optional to confer them.

  2. The purposes and methods of personal data processing, concerning data collected either via the site or automatically and processed in the execution of a service;

  3. The consequences of a refusal to provide personal data;

  1. Categories of individuals or entities to whom personal data may be disclosed, in their capacity as data processors or data controllers, and information on personal data disclosure to third parties;

  1. Users’ rights pursuant to article 7 of Legislative Decree 196/2003.

I. PURPOSES AND METHODS OF DATA PROCESSING

The Data Controller will process the data provided by users (hereinafter referred to as “Users” or “Data Subjects”) through the website for the following purposes:

a) Allow the use of the website and its related services including donating to nonprofit organizations and receive the relevant rewards (“contract execution”);

b) participate to the charity contest promoted by the Data Controller, pursuant to the relevant contest regulation (“entering the charity contest”);

Personal data will be processed in the Italian secondary office using automated tools only for the time strictly necessary to achieve the purposes for which they were collected. Specific security measures are taken to prevent loss, illicit or incorrect and unauthorized access to data. The Data Controller may transfer personal data in Italy and abroad, within the European Union, in accordance with article 42 of Legislative Decree no. 196/2003 and outside the EU in compliance with article 43 of Legislative Decree no. 196/2003.

II. THIRD PARTIES DATA COMMUNICATION

Besides the Data Controller, other subjects involved in the operation of the website may have access to personal data (such as administrative and commercial personnel) or external parties (such as technical service providers, service providers for the delivery of communication services, mail carriers, hosting providers, IT companies, agencies) appointed, if necessary, as data processors.

In particular, any transfer of personal data outside of the European Economic Area will take place in full compliance with the applicable legislation on the processing of personal data and upon signing of the EU model clauses pursuant of art. 26(4) of Directive 95/46/CE.

The Data Controller uses the following external providers:

– Amazon Web Services: cloud computing service provider appointed external data processor after signing an agreement on the processing of personal data, containing EU Model Clauses on data transferring outside of the European Economic Area. To examine the provider’s privacy policy, please refer to the following link: https://aws.amazon.com/compliance/data-privacy-faq/?nc1=f_1s

– SendGrid: transactional email service providers, owned and operated by SendGrid Inc. , appointed external data processor after signing an agreement on the processing of personal data, containing EU Model Clauses on data transferring outside of the European Economic Area. To examine the provider’s privacy policy, please refer to the following link: https://sendgrid.com/policies/tos/

 

– Zendesk Inc.: web based customer service provider appointed external data processor after signing agreement on the processing of personal data, containing EU Model Clauses on data transferring outside of the SEE. To examine the provider’s privacy policy, please refer to the following link: https://www.zendesk.com/company/privacy

Through this website, Users will also transmit personal data directly to non-profit organizations in their quality of donation beneficiaries as well as to the campaign testimonials for the purpose of service delivering.

The above communication is necessary for the execution of the contract and to allow users’ participation in the charity contest. The personal data will not be processed for any other purpose without User’s express consent.

III. TYPE OF PERSONAL DATA PROCESSED

a) Data transmitted by Users

Personal data voluntarily provided by Users through the website contact forms may include name, surname, email, country of residence, telephone number. Disclosure of personal data is mandatory for the purposes referred to in letter a) of section I “PURPOSES AND METHODS OF DATA PROCESSING” (i.e. make donations, create an account, receive rewards, inquiring and allow the Data Controller to respond to queries). The provision of personal data for the purpose stated at letter b) of paragraph I is also necessary to allow User’s participation to the charity contest. Any refusal to provide data for this purpose will prevent User from entering the charity contest promoted by the Data Controller.

Personal data will be processed with digital tools in order to manage the different stages of the charity contest.

Paypal and Stripe, as gateway payment service providers, will independently process the payments made by Users through credit card or other methods. Data used for payment will be directly acquired and processed by the gateway payment service providers and will not be collected or processed by the Data Controller. To examine the procedure of the data processing carried out by the gateway service providers please read the policies at the following link: Paypal Inc. https://www.paypal.com/it/webapps/mpp/ua/privacy-full and Stripe Inc. https://stripe.com/it/privacy

b) Data automatically collected by the Data Controller

The website may automatically collect some data, such as IP address, country of origin, browser and operating system, time spent on each page, the page response times, download errors, information on the interaction with the page. The data thus collected although is not used to identify individuals, it may, due to its characteristics, help identify those users by associating the data with other information. The above data will be stored temporarily in compliance with applicable law.

IV. CHANGES TO THIS POLICY

The Data Controller reserves the right to modify this privacy policy at any time reflecting any such changes in the privacy section of the website. Users are invited to visit constantly the privacy policy section, referring to the last modified date indicated at the bottom of the privacy policy. If users do not wish to agree to any changes to this privacy policy, then they must stop accessing the website and can request the Data Controller to delete their personal data.

V. USERS RIGHTS

Users are entitled to exercise at any time their rights according to article 7 of the Code, hereto included for convenience of reference only. Any request shall be addressed to the data Controller by sending an e-mail to admin@wishraiser.com or a registered mail by post to:

WISHRAISER Ltd,

Via privata Stefanardo da Vimercate 28,

20128 Milano, Italia

DATA SUBJECT’S RIGHTS

Section 7
(Right to Access Personal Data and Other Rights)

1. A data subject shall have the right to obtain confirmation as to whether or not personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form.

2. A data subject shall have the right to be informed

a) of the source of the personal data;

b) of the purposes and methods of the processing;

c) of the logic applied to the processing, if the latter is carried out with the help of electronic means;

d) of the identification data concerning data controller, data processors and the representative designated as per Section 5(2);

e) of the entities or categories of entity to whom or which the personal data may be communicated and who or which may get to know said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing.

3. A data subject shall have the right to obtain

a) updating, rectification or, where interested therein, integration of the data;

b) erasure, anonymization or blocking of data that have been processed unlawfully, including data whose retention is unnecessary for the purposes for which they have been collected or subsequently processed;

c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.

4. A data subject shall have the right to object, in whole or in part,

a) on legitimate grounds, to the processing of personal data concerning him/her, even though they are relevant to the purpose of the collection;

b) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.

Last update on 21/06/2016