Terms and Conditions of Use of Donation Facility

Valid from 5 February 2021

1. GENERAL PROVISIONS

   1. The terms and conditions of use of Donation Facility (hereinafter Conditions) govern the relationships between LHV Pank (hereinafter Bank) and the Bank’s client (Client) in regard the making of Donations to Charity Organisations using the means of payment (Card) issued to the Client by the Bank.
   2. The Conditions are an integral part of the Card Agreement linked to the use of the Donation Facility and they shall be applied pursuant to the Card agreement as long as not agreed otherwise between the Bank and Client.
   3. In matters not governed by the conditions, the Bank and Client shall additionally proceed from the terms and conditions of the agreement on the Card connected to the use of the Donation Facility and the Bank’s General Terms and Conditions and the terms and conditions of the payment service agreement, including other documents referred to in those conditions. The Client has read and understood all the above-mentioned conditions and accepts the Parties’ rights and responsibilities arising from them.
   4. The law of the Republic of Estonia applies to the terms and conditions.

2. DEFINITIONS

   1. In addition to the terms and definitions set forth in the Bank’s General Terms and Conditions and the terms and conditions of the payment service agreement, and the terms and conditions of the agreement on the Card connected to the use of the Donation Facility and other documents referred to in these conditions, these Conditions also include the following terms and definitions in the following meanings.
      1. Donation is a voluntary monetary gift for a specific purpose, selected by the Client and executed by card payment in the amount received from Card Payments, which does not entail obligations, favours or provision of service, and which is done for the purpose of helping a Charity Organisation raise funds for the benefit of the activities and goals set forth by the organisation;
      2. Charity Organisation is a trustworthy non-profit organisation proposed by the Bank based on the Bank’s strategic goals to the Client and/or Card User for making Donations (e.g. non-profit organisation, foundation), which helps to advance life in Estonia through its public actions and goals;
      3. Donation Facility is the making of a Donation to the Charity Organisation by way of Card Payment.
      4. Card Payment is the use of funds on the Client’s Account connected to the Card for paying for goods and/or services in stores, apps and online (Including using Near Field Communication device and/or smart device supported payments, standing orders and automatic payments), not including cash deposits and withdrawals made using the Card. Card Payment is an Operation for the purpose of the Card Agreement connected to use of the Donation Facility and shall be subject to the provisions set forth in the relevant Card Agreement regarding Operations except to the extent separately agreed otherwise between the Bank and Client.

3. MAKING DONATIONS

   1. Eligibility to use the Donation Facility is held by the Client and/or Card User who has, in conformity with the Terms and Conditions, activated the relevant Donation Facility in the Bank’s physical location or via the Bank’s electronic service channel (e.g. internet bank). The activation and use of the Donation Facility shall take place based on the Card selected for use of each individual Donation Facility (not based on the relevant Card agreement; i.e. if more than one card is connected to a single Card agreement, the activation of the Donation Facility can be decided separately in regard to each Card).
   2. Upon activation of the Donation Facility, the Client and/or Card User shall make the selection of the amount of Donation to be calculated from each Card Payment executed with the relevant card (selecting from among the preset options of Donation amounts, where the corresponding selection of amount shall take effect with regard to each Card Payment) and of the Charity Organisation to which the Client and/or Card User wishes to make Donations.
   3. The Client and/or Card User may, at any time, in the Bank's physical location or via its electronic service channel (e.g. internet bank) unilaterally change the amount of Donation calculated on each Card Payment made with the Card and the Charity Organisation to which the Card User wishes to make the Donations. Each change will take effect as of the day following the making of the change.
   4. The amounts of Donation selected by the Client and/or Card User shall be calculated from each Card Payment made with the relevant Card and debited from the Client’s Account connected to the Card on the next day as the total amount of Donations made on the previous day, with the name of the Charity Organisation displayed in the payment details for the respective payment.
   5. The Donation amounts shall not be reserved on the Client’s account connected to the Card prior to being debited.
   6. If at the moment of debiting the total amount of Donations for the previous day, there are not enough funds on the Account connected to the Card, the Bank shall not debit the previous days’ Donations from the Account and the calculation of Donations shall start as of the following day.
   7. Upon activating the Donation Facility, the Client and/or Card User shall grant the Bank all authority and rights to transfer the amounts debited as Donations on behalf and at the expense of the Client first to an intermediate holding account at the Bank, from which the Bank shall then transfer them to the Charity Organisation(s) selected by the Client and/or Card User pursuant to the cooperation agreement entered into between the Bank and Charity Organisation or in accordance with clause 5.3 of the Conditions agreed with the Client and/or Card User.
   8. The Client and/or Card User is entitled to receive information on the status of their Donations in the Bank’s physical locations or other agreed manner (e.g. via internet bank).

4. PRIVACY, INFORMATION, LODGNIG OF COMPLAINTS AND LIABILITY

   1. The Client understands and accepts that upon activation of the Donation Facility, the Bank shall process the Client’s personal data in conformity with the Principles of Processing of Customer Data established by the Bank. The Client understands and accepts that processing of their personal data encompasses, inter alia, transmission of personal data to the Charity Organisation selected by the Client and/or Card User in accordance with clause 3.2 of the Conditions or by the Bank in accordance with clause 5.3 of the Conditions. The composition, purpose and legal basis for the data transmitted have been specified in the Principles of Processing of Customer Data. The Charity Organisation to which data are transmitted shall process the Client’s personal data in the role of the data controller in conformity with the privacy conditions disclosed on its website.
   2. When making Donations to the Charity Organisations entered into the list of associations with income tax incentives, the Card User may deduct the Donation amount from its taxable income. The relevant data shall be sent to the Tax and Customs Board by the Charity Organisation.
   3. The Bank shall not be liable for filing any declarations to the Tax and Customs Board related to the activities and performance presented by the Charity Organisation and purposeful use by the latter of the Donations, or for the privacy and security of the Client data granted to the Charity Organisation’s possession.
   4. In regard to complaints and liability related to Card Payments and raising relevant Donations, the conditions of the Card agreement related to use of the Donation Facility shall be applied.

5. ENTRY INTO FORCE AND AMENDMENT OF CONDITIONS, AND TERMINATION OF USE OF DONATION FACILITY

   1. The Client and/or Card User accepts the Conditions, meaning that the Conditions enter into force upon activation of the Donation Facility with respect to the Client and/or Card User and shall remain in force without a term.
   2. The Bank is entitled to unilaterally amend the Conditions (including to terminate or commence cooperation with the Charity Organisation) or not to enable the Client and/or Card User to use the Donation Facility, notifying the Client and/or Card User thereof pursuant to the provisions of the Bank's General Terms and Conditions, the terms and conditions of payment service agreement, the terms and conditions of the Card Agreement connected to the use of the Donation Facility and the Imperative Provisions.
   3. Should the Bank terminate cooperation with the Charity Organisation to which the Client and/or Card User has thus far made donations, the Bank shall contact the Client and/or Card User to agree on the making of further Donations to another Charity Organisation, on potential changes in the recipient of donations debited from the Client’s account but as yet not transferred to the Charity Organisation, or on terminating use of the Donation Facility. If the Bank is unable to contact the relevant Card and/or Card User, the Client and/or Card User shall be deemed not to have made a new selection of Charity Organisation to which to make Donations and the use of the Donation Facility shall end in accordance with clause 5.5 of the Conditions and the Bank shall have the right to transfer Donations debited from the Client’s account and yet to be transferred to the Charity Organisation to a Charity Organisation chosen at the Bank’s own discretion.
   4. The Client and/or Card User shall be entitled, unilaterally and without advance notification provided to the Bank, to terminate use of Donation Facility, by confirming the relevant change in the Bank's physical location or electronic service channel (e.g. via internet bank).
   5. Use of the Donation Facility shall terminate automatically upon confirmation of the termination of the Donation Facility in the Bank’s physical location or via electronic service channel (e.g. Internet Bank) and/or upon termination of the Card Agreement between the Bank and Client connected to use of the Donation Facility and/or termination of the payment services agreement entered into between the Bank and Client and/or termination of the cooperation agreement entered into between the Bank and the Charity Organisation selected by the Client and/or Card User, if the Client and/or Card User do not make a new selection of Charity Organisation to which to make Donations.
   6. The termination of the Donation Facility shall not have any bearing on the collectability or satisfaction of monetary claims arising prior to the termination of the use of the Donation Facility.