Terms and conditions of volunteering
Organised at the Blooming House by the Other Space Foundation.
Expressing boundless gratitude and great respect for all people who selflessly offer their time, skills and heart to others, and stressing that charity would not be possible without volunteers, it is decided as follows:
§ 1 Definitions
Beneficiary – Fundacja Inna Przestrzeń with its registered office in Warsaw, ul. Nowy Świat 23/25 lok.32, KRS no. 0000257224, represented by Anna Kłos, the plenipotentiary for Kwitnący Dom, which uses the services of volunteers in order to implement its statutory public benefit tasks.
Voluntary service – a set of activities serving public benefit purposes, commissioned by the Beneficiary to be performed by a Volunteer, which the Volunteer agrees to perform voluntarily and free of charge.
Volunteer – a person who declares, by filling in an application form or otherwise, their intention to perform volunteer services for the Benefiting Party.
Volunteer – a natural person who voluntarily and unpaid performs voluntary services for the Beneficiary, within the scope of public benefit activities.
Activities – the specifically defined tasks assigned to a Volunteer in the performance of his/her services.
Parent – a parent or other identical person, in accordance with generally applicable law.
Guardian – a parent or a person acting with the knowledge and authority of the parent, in particular a teacher, volunteer coordinator.
§ 2 General provisions
The Beneficiary makes it known that the course of the event for documentary and informational purposes of the Beneficiary and its supporters may be recorded in the form of photographs and video recordings and subsequently published. Consequently, the image of an individual volunteer (without linking this image to the relevant personal data) may also be recorded and made public in this context.
The beneficiary shall advertise the demand for volunteer services as he/she sees fit and is not obliged to give individual notification. The announcement shall specify the date and manner of application, the time limit and the type of services to be provided.
The person making the request shall make the notification on his/her own behalf or, in the case of a parent, on behalf of a minor child.
Notification may also be made on behalf of the Volunteer by a school, foundation, workplace and other entity or institution.
Persons who are under 18 years of age shall apply with their parent’s consent, which must be provided in writing at the time of application.
The declaration referred to in Section 4 is not required of a volunteer performing services under the supervision of a guardian.
The Beneficiary undertakes to notify the Enrollee of the acceptance of the enrolment or to propose any changes.
The Benefiting Entity is not obliged to inform the Enrollee of its intention not to make use of the Enrollee’s services and the reasons why.
The Beneficiary reserves the right not to use the Enrollee’s services when:
– the type, scope, time or other conditions of the offered service are not useful in the act of the Benefiting Entity,
– has a justified fear about the intention of the person making the enquiry or his/her ability to provide the services,
– for other reasons relevant to the Beneficiary’s charitable activities.
Intellectual property rights and related rights concerning the creations created as a result of the performance of voluntary services shall be transferred to the Benefactor.
The volunteer shall be liable for damage to the Beneficiary’s property caused
intentional fault.
§ 3 Establishment of agreement
An agreement is established when a Volunteer reports at a place and time agreed with the Benefiting Party in order to perform services and signs a list of volunteers’ presence during the event.
The agreement may be in writing or oral form.
Volunteer services are performed to the extent, in the manner and at the time specified
in the agreement with the Beneficiary.
The agreement may be terminated by either party, at any time, without cause, by verbal or written communication to the other party.
§ 4 Performance
Prior to the commencement of the service, the volunteer is obliged to inform the Beneficiary, to the extent necessary, of any individual restrictions concerning him/her that may affect the scope or type of the outsourced activities.
The Beneficiary reserves the right to check the qualifications, if required, or the skills of the volunteer.
The Benefiting Entity provides the Volunteer with conditions for the performance of services, in particular health and safety conditions, at least as required by the employer for employees.
When assigning activities to a Volunteer, restrictions arising from the Labour Code and regulations issued on its basis shall apply, in particular concerning the work of young persons, pregnant women and disabled persons.
The Beneficiary provides the Volunteer with detailed instructions on the outsourced activities.
The Volunteer undertakes only those activities for which they have the skills or qualifications if such are required by separate provisions.
The Volunteer shall perform the ordered activities under the supervision of the Beneficiary or a person designated by the Beneficiary.
The Volunteer shall report the beginning and the end of the performance of the activity or service to the person referred to in Section 7.
§ 5 Obligations of the Beneficiary
The Benefiting Entity reserves the right to resign from using the services of a Volunteer if the Volunteer violates the provision of these regulations,
The Beneficiary is obliged to inform the Volunteer of:
– his/her rights and obligations and ensure that this information is available.
– the health and safety risks related to the performed services and the rules of protection against hazards.
The Benefiting Entity is obliged to provide the Volunteer, under the rules applicable to employees, with safe and hygienic conditions for the performance of services, including – depending on the type of services and risks related to their performance – appropriate personal protective equipment.
§ 6 Rights and obligations of the Volunteer
The Volunteer performs their activities with the utmost care, taking care of the property and image of the Beneficiary, the dignity of the persons for the benefit of whom they perform their activities and the promotion of the idea of volunteering.
The Volunteer complies with the law, with particular attention to health and safety at work, fire-fighting, as well as generally applicable norms, including the norms of social coexistence.
and customs of social coexistence, takes care of order and safety of others.
The volunteer is entitled to:
-a rest break to an extent not less than that specified in the Labour Code, or upon request as far as the nature of the activities performed permits.
-to receive a written certificate on the performance of the services, including the time and scope of their performance.
-accident insurance (as required by law);
-to receive the personal protective equipment necessary to carry out the tasks,
-a recovery meal/refreshment/drinks as far as it is possible for the Beneficiary.
At the request of the Volunteer, the beneficiary is obliged to confirm in writing the content of the agreement referred to in § 3.
The Volunteer may stop performing the activity or service at any time and shall inform the Beneficiary accordingly.
If the service of the Volunteer is performed for more than 30 days, the agreement referred to in § 3 shall be made in writing.
At the request of the Volunteer, the Beneficiary may submit a written opinion on the performance of the services by the Volunteer.
A Volunteer who performs the services for a period of not more than 30 days is obliged by the beneficiary to provide accident insurance.
The Volunteer and his/her guardian, if any, shall be responsible for the safe arrival to and return from the place where the services are performed.
§ 8 Processing of the Volunteer’s personal data
In accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (RODO), I inform you that:
The administrator of the personal data is the Inna Przestrzeń Foundation with its registered office in Warsaw, ul. Nowy Świat 23/25 lok.32, KRS no. 0000257224;
The purpose of the processing of personal data is the conclusion of an agreement and the realisation of rights and obligations arising from the performance of volunteer services (Article 6(1)(b) RODO), the realisation of other obligations towards the volunteer as set out in the Act of 24 April 2003 on public benefit activity and voluntary work (Article 6(1)(c) RODO) and the legitimate interest of the Administrator in the protection of claims and protection against claims (Article 6(1)(f) RODO);
Personal data may be transferred to other entities to whom the obligation to transfer data arises by law;
Personal data processed by the Administrator is not and will not be transferred to countries outside the European Economic Area, which consists of the States of the European Union and Iceland, Norway and Liechtenstein;
The data will be processed for the period of the volunteer’s performance of services and thereafter may be retained for a period of 3 years to secure claims and protect against claims;
The provision of personal data by the volunteer is a statutory requirement and the consequence of failing to provide personal data will be the inability to accept the service; In accordance with the norms of common law, declarations of intent on behalf of minors are made by parents or legal guardians;
The volunteer has the right to: access to the content of their data, rectification, restriction of processing, to lodge a complaint with the President of the Office for Personal Data Protection if they consider that the processing of their personal data violates the provisions of the RODO. There is no right to object, to data portability, to data erasure due to the Administrator’s right to establish, assert or defend claims;
Data shall not be processed for any other purpose or by automated means.
§ 9 Processing of other personal data
Personal data of parents, legal guardians and guardians of underage volunteers are processed, only for the purpose of fulfilling the Beneficiary’s legal obligations to ensure the safety of underage volunteers.
Personal data-images of volunteers and guardians (without linking them to the relevant identification data)-may be recorded in the form of photographs and video recordings and published for documentary and informational purposes of the Beneficiary and supporters. The Beneficiary is not in a position to guarantee the exclusion of image preservation with regard to an individual Volunteer.
The beneficiary does not reimburse per diem or travel expenses – it does not bear the costs associated with volunteer travel or have the volunteer’s permission to do so.
