Termeni și condiții – ARAS

Terms and conditions

GENERAL DETAILS

Please read these “Terms and Conditions of Use”, hereinafter also referred to as the “Agreement” or “Terms of Use”, very carefully before using or benefiting from the services offered by the Romanian Association Against AIDS. This agreement sets out the legal terms and conditions for using the website https://arasnet.ro, for making a donation and for the collaboration between the association and its beneficiaries.

The website https://arasnet.ro is created and administered by the Romanian Association Against AIDS, identified by tax code (CUI) 5466592, with its registered office in Bucharest, 86 Pantelimon Road, block 409A, entrance B, ground floor, apt. 45, Sector 2, postal code 021637, email: aras@arasnet.ro. The website https://arasnet.ro is an information and fundraising platform, used only by the Romanian Association Against AIDS, through which it runs fundraising campaigns to provide social and/or medical services for people who are dependent on drugs in Bucharest.

ACCEPTANCE OF THE TERMS

  • Any access to https://arasnet.ro/ shall be considered acceptance of these Terms and Conditions.
  • The Association reserves the right, at its sole discretion, to modify or replace these “Terms and Conditions” by posting the updated terms on the website. It is your responsibility to check the Terms and Conditions of Use periodically for any changes, and continued use constitutes acceptance of those changes.
  • The Association reserves the unilateral and discretionary right to modify, suspend or discontinue the Service at any time.

MEANING OF THE TERMS

  • For the purposes below, the following terms shall have the following meanings:
  • Beneficiary = any person who receives any kind of help from the association;
  • Parent / Parents = the legal representative of the beneficiary, if the beneficiary is a minor;
  • Romanian Association Against AIDS / the Association = the official and/or generic name of our association, which carries out social, educational and health activities and owns this fundraising and social campaign platform;
  • Donor = any person who has made a donation on this donation and fundraising platform.
  • https://arasnet.ro = platforma de donații

 Throughout this document, the following terms are defined as follows:

  • Website: the portal owned and administered by the Romanian Association Against AIDS, located at https://arasnet.ro
  • Website content: any material and information published on the website in any form – text, photographs, graphics, audio, video;
  • User: a person who accesses the website and has accepted the terms and conditions of use of this website;
  • Abusive use: use of the website without complying with the regulations and legislation in force, or in any other way that may harm the association.

 Website content, Copyright:

The https://arasnet.ro platform contains the Romanian Association Against AIDS's own texts and reports, or information materials produced with the support of its partners.

 The content of the https://arasnet.ro platform is presented in good faith. Each user accesses the platform's content at their own risk, and the Romanian Association Against AIDS cannot be held liable for any negative consequences that may result from its use. Access to the https://arasnet.ro platform is permitted to persons of any age. We assume no responsibility for donations made by persons under the age of 18.

 The content of the https://arasnet.ro platform (text, images, video material on the website and in the programming code) is the intellectual property of the Romanian Association Against AIDS and is protected by Law 8/1996 on copyright and related rights.

These materials may be copied or reproduced only by citing the Romanian Association Against AIDS as the source. Anyone who notices a breach of these rules on the website is asked to inform us at aras@arasnet.ro

 The emblem and logo are the exclusive property of the Romanian Association Against AIDS and may not be copied or reproduced without the association's written consent.

 The website https://arasnet.ro is administered by the Romanian Association Against AIDS and by accessing it you agree to the terms and conditions set out here.

The Romanian Association Against AIDS reserves the right to amend the terms and conditions, as well as the content of the website, without prior notice.

 

  1. WHO ARE WE?

The Romanian Association Against AIDS, with the contact details set out below, processes personal data in accordance with REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 (the Regulation) and the other legal provisions applicable to the processing of personal data.

This information notice describes why and how we process personal data and provides information about your rights. The Association acts as the personal data Controller.

  1. HOW CAN YOU CONTACT THE ASSOCIATION AND THE DATA PROTECTION OFFICER?

You can contact us using the following details:

Email: aras@arasnet.ro

Address: 49 Eroii Sanitari Blvd., Sector 5, postal code 050471, Bucharest

Phone: 021 319 07 71

We have a Data Protection Officer who can be contacted using the contact details above.

 PERSONAL DATA PROCESSED AS CONTROLLER

Personal data means any information relating to a natural person that identifies them or may lead to their identification.

The processing operations carried out by the Association in connection with fundraising through www.arasnet.ro generally concern personal data / categories of data such as:

  1. Identification data such as: surname, first name, identity document series and number (ID card/passport), etc.
  2. Other data contained in identity documents, such as date and place of birth, citizenship, home address, etc.
  3. Contact details such as email, telephone numbers, home/residence address
  4. Data related to profession, capacity as representative of a legal entity, position held
  5. Processing also concerns signatures and other personal data with which the ASSOCIATION may come into contact in the course of various legal relationships
  1. THE SOURCE OF THE PERSONAL DATA AND, WHERE APPLICABLE, WHETHER IT COMES FROM PUBLICLY AVAILABLE SOURCES

In general, we collect personal data from you.

We may also receive personal data from other sources, such as:

  • from our legal-entity partners (regarding data belonging to their representatives), institutions, contracting authorities and other third parties
  • from donors, natural persons, who make a donation on the https://arasnet.ro platform
  • public sources (such as the ONRC trade register portal, the ANAF website, social media sites),
  1. TYPES OF PROCESSING

The ASSOCIATION generally processes personal data for the purposes set out in this information notice, and for each purpose one or more data processing operations may be used, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

  1. THE PURPOSES FOR WHICH PERSONAL DATA ARE PROCESSED

The ASSOCIATION processes personal data for multiple purposes, and the methods of collection, legal basis for processing, use, disclosure, retention periods, etc. may differ depending on each type of data and purpose.

In principle, we may use personal data for one or more of the purposes described in this information notice. If the ASSOCIATION subsequently processes personal data for a purpose other than those you have already been informed of, and which is not compatible with the purposes for which the data were originally collected / which were brought to your attention, we will provide you with information about that secondary purpose and any other relevant information.

We process personal data mainly for the following purposes:

  • Organising courses, trainings, events and similar activities
  • We process personal data in order to fulfil our contractual obligations and commitments
  • Managing risks related to our activity, for which we take security measures to protect personal data, involving the detection, investigation and resolution of security threats. Personal data may be processed as part of physical security monitoring (video data processing) or within the IT applications we use. We may also carry out checks on natural persons acting as representatives and/or guarantors of clients or partners that are legal entities.
  • In accordance with applicable law, we use the contact details of our clients, partners and collaborators to provide, directly or indirectly, information that we consider to be of interest to them.
  • When you visit our websites or our social media pages, we may process some information about the visitor's online identifier or other personal data potentially received through these platforms
  • Compliance with legal and/or regulatory requirements, such as those of a fiscal nature or those required by special legislation governing our field of activity or, where applicable, archiving requirements.
  • Economic, financial and administrative management
  • Establishing, exercising or defending a right in court
  • Internal statistics.
  • LEGAL GROUNDS AND LAWFULNESS CONDITIONS ON WHICH THE PROCESSING IS BASED

The legal grounds for processing (lawfulness of processing) take into account the provisions of the REGULATION and the legislation on the processing of personal data adopted in Romania, and the applicable legislation.

Processing is based on at least one of the following lawfulness conditions:

  • processing may be necessary for entering into a legal relationship/contract and/or for its performance;
  • processing may be necessary for compliance with a legal obligation to which the Association is subject (e.g. those relating to the management of supporting documents for tax purposes);
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Association .
  • processing is necessary for the purposes of the legitimate interests pursued by the Association or by a third party, namely:

– for carrying out and administering our activity (in pursuing the Association's object of activity and other related activities

– for managing risks related to our activity

– for managing our relationships with potential donors or partners, including but not limited to sending communications containing information about our services and those of our partners, in accordance with the law, organising specialised courses, etc.

– handling notifications/complaints about our services, in order to resolve any issues raised and improve our services, and establishing, exercising or defending a right in court

  • processing may be based on your consent, in the cases expressly provided for by the Regulation.
  • HOW LONG DO WE KEEP PERSONAL DATA?

We keep the personal data we process only for as long as necessary for the purpose for which it was collected (including in accordance with applicable laws or regulations), such as:

  1. For the duration of the contract/legal relationship, for the personal data necessary for its performance, including personal data with which the Association may come into contact during the legal relationship, and after the legal relationship ends where there are provisions that survive its termination (such as the obligation to keep documentation related to projects implemented with public and/or European funds for a certain period indicated by the contracting authority / beneficiary, etc.)
  2. Until the limitation period expires, in cases where the Association has a legitimate interest in keeping certain personal data in connection with a potential dispute that may arise between the parties
  • For the period provided by law, where there is applicable legislation (e.g. mandatory accounting registers and the supporting documents underlying financial accounting records, etc.)
  1. For the duration of managing the relationship with potential donors, beneficiaries of our services, partners of the Association and their representatives, or until the right to opt out is exercised, for sending communications containing information about our services and invitations to events such as conferences, presentations, courses, etc.;
  2. Until consent is withdrawn, for personal data processing based exclusively on consent;
  3. For the archiving period in the public interest stated by law or in the Association's applicable policies, as the case may be, for data contained in documents for which the law or the Association has provided for archiving.

In any other cases, or in the absence of specific legal, regulatory or contractual requirements, our reference period for keeping personal data is at least 3 years from the date the relationship ended / the last contact between the Association and the data subject.

By way of exception to the above, where applicable, any data may be kept by the Association until the limitation period expires, in situations where the Association has a legitimate interest in keeping certain personal data in connection with a potential dispute between the parties, for example in the context of the possible legal liability of the Company or of the data subject.

In any situation, except those provided for by applicable legislation, we delete your data when you ask us to. Any applicable exceptions will be communicated to the requester in our association's response to the request for data deletion.

  1. YOUR RIGHTS AND HOW TO EXERCISE THEM

Our association is responsible for facilitating the exercise of any of your rights listed below.

Any of these rights may be exercised by sending an email to aras@arasnet.ro, or you may send us a written request at the Association's registered office or submit it in person at the office in Bucharest, 86 Pantelimon Road, block 409A, entrance B, ground floor, apt. 45, Sector 2, postal code 021637

To protect your data and prevent abuse by malicious persons seeking access to your data, our association may ask you to complete certain identification steps beforehand, to make sure that you are the person exercising the rights below through a request. If we receive a request from you to exercise any of the rights above, we may ask you for additional information to verify your identity before acting on the request.

If the data subject submits a request electronically to exercise their rights, our association will also provide the information electronically where possible, unless the data subject requests another format.

We will try to respond promptly to any request from you and, in any case, within the time limits expressly set by the applicable legal provisions (usually 30 days from registration of the request). In certain situations expressly provided for by applicable legislation, we may charge a fee for an access request, taking into account the administrative costs of fulfilling it.

If, as a result of applying certain legal provisions, our association cannot fully or partly comply with a request from the data subject, the applicable exceptions will be communicated to the requester in our association's response to that request.

Right of access

 

You have the right of access under Article 15 of the Regulation, namely to obtain from the Association confirmation as to whether or not it processes personal data concerning you and, where that is the case, the following information: (a) the purposes of the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored or, if not possible, the criteria used to determine that period; (e) the existence of the right to request rectification or erasure of personal data or restriction of processing, or to object to such processing; (f) the right to lodge a complaint with a supervisory authority; (g) where the personal data are not collected from you, any available information as to their source; (h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the Regulation and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

Where personal data are transferred to a third country or to an international organisation, you have the right to be informed of the appropriate safeguards pursuant to Article 46 of the Regulation relating to the transfer.

At your request, the Association will provide a copy of the personal data undergoing processing.

Right to rectification

 
 

You have the right to obtain from the Association, without undue delay, the rectification of inaccurate personal data concerning you, under Article 16 of the Regulation. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Where possible or necessary, we will make corrections (as appropriate) based on the updated information and will inform you accordingly if applicable.

 
 

Right to erasure

 
 

You have the right to obtain from the Association the erasure of personal data concerning you (under Article 17 of the Regulation) without undue delay, except in certain cases provided for by the Regulation, where one of the following grounds applies:

 

 

a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

 

 

b) you withdraw the consent on which the processing is based, where the processing is based exclusively on consent and there is no other legal ground for the processing;

c) you object to processing carried out in the public interest or for the legitimate interests pursued by the Association or a third party and there are no overriding legitimate grounds over your interests/fundamental rights and freedoms in relation to the processing, or you object to processing for direct marketing purposes

 

 

d) the personal data have been unlawfully processed;

 

 

e) the personal data have to be erased for compliance with a legal obligation of the Association under Union or Member State law to which it is subject;

 

 

f) other situations provided for by the Regulation, insofar as applicable

Right to restriction of processing

 
 

You have the right to obtain restriction of processing (under Article 18 of the Regulation) in the following cases:

a) You contest the accuracy of the data, for a period enabling the Association to verify the accuracy of the data;

b) The processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;

c) The Association no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims;

d) You have objected to processing under Article 21(1) of the Regulation, pending verification of whether the legitimate grounds of the controller override those of the data subject.

Right to data portability

 
   

 

 

 

 

 

 
 

You have the right to receive the personal data concerning you (under Article 20 of the Regulation) that you have provided to the Association, in a structured, commonly used and machine-readable format, and to transmit those data to another controller without hindrance from the Association, where:

(i) the processing is based on consent pursuant to Article 6(1)(a) or Article 9(2)(a) of the Regulation or on a contract pursuant to Article 6(1)(b) of the Regulation; 

(ii) the processing is carried out by automated means.

 

 

When exercising the right to data portability, the personal data may be transmitted directly from the Association to another controller expressly indicated by you, where technically feasible.

Right to object where processing is carried out for the legitimate interests pursued by the Association or a third party

 
 

You have the right to object at any time, on grounds relating to your particular situation, to processing carried out in the public interest or for the legitimate interests pursued by the Association or a third party, including profiling. In this case the Association will no longer process your personal data unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defence of legal claims.

Right to object to processing for direct marketing purposes

 
 

Where personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, including profiling to the extent that it is related to such direct marketing.

Right to withdraw consent

 

Where processing is based on your consent, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal. Withdrawal of consent does not apply in cases where the basis for processing is not consent,

       
                         
  1. THE RIGHT TO LODGE A COMPLAINT

If you wish to complain about matters relating to the use of your personal data, please send an email with the details of your complaint to aras@arasnet.ro.

You may also send/submit your request using the details below:

Address: 49 Eroii Sanitari Blvd., Sector 5, postal code 050471, Bucharest

We will review and respond to any complaint we receive within the legal time limits.

You also have the right to lodge a complaint with the National Supervisory Authority for Personal Data Processing (“ANSPDCP”).

  1. RECIPIENTS OR CATEGORIES OF RECIPIENTS OF PERSONAL DATA:

In principle, the Association may transmit / grant access to / disclose personal data to the following categories of entities:

  • public authorities and entities (such as tax authorities, the Court of Accounts, ANAP, etc.)
  • service providers and/or processors that process personal data on behalf of the Association, in accordance with the instructions received from us, and that comply with this information notice, data protection laws and any other appropriate confidentiality and security measures (such as event organisers, travel agencies, marketing service providers, access and video monitoring providers, IT service providers who may have access to personal data and the Association's systems, etc.)
  • CONSEQUENCES OF REFUSING TO PROVIDE PERSONAL DATA

Where personal data are collected directly from you, please note that, as a rule, you are not obliged to provide your personal information to the Association, except where providing it is a legal or contractual obligation or a requirement necessary to enter into a contract. Thus, insofar as you enter into a legal relationship with the Association, are a representative of a client, partner or supplier of the Association, or otherwise benefit from our services/products, providing personal data is necessary from the perspective of legal requirements and/or the legal relationship with us, because this information is needed to fulfil the obligations assumed by the Association towards you or to provide the products and/or services.

Thus, in certain situations, depending on the data you refuse to provide:

  • our association may be unable to enter into the legal relationship / contract or to continue the contractual relationship with you,
  • our association may be unable to fulfil, in part or in full, the obligations it has assumed, including towards you.

If you consider that the information contained herein is ambiguous or unclear, you may ask us for clarification at any time: 49 Eroii Sanitari Blvd., Sector 5, postal code 050471, Bucharest.

By this Notice I acknowledge the information made available by the Association in light of the Regulation and confirm that I have been informed by the Romanian Association Against AIDS of the rights conferred by the Regulation and by Romanian law on the protection of individuals with regard to the processing of personal data and the free movement of such data.

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