Terms and Conditions
I. Goals and meansk
1.1. The www.gyeakoncert.hu website
1.1.1. The website enables civil society organisations registering on the site (hereinafter “Organisation”) to collect donations from their own donors (hereinafter “Donors”) for public benefit purposes. The Children’s Nutrition Foundation(Gyermekétkeztetési Alapítvány) (hereinafter “GYEA”) is streaming a concert to support this goal. The GYEA allows Donors making donations to the Organisation through the website www.musehelps.com to view the concert.
1.1.2. Organisations may register on the website only if they are deemed to be civil society organisations and they acquire some of their funds through fundraising.
1.2. The concert
1.2.1. The concert is the recorded performance of the Anima Musicae Chamber Orchestra (conductor: Prof. Gergely Sugár) and the violinist Orsolya Korcsolán at the Academy of Music in Budapest.
1.2.2. Concert programme:
184.108.40.206. Wolfgang Amadeus Mozart: The Marriage of Figaro, Overture
220.127.116.11. Ludwig van Beethoven: Symphony No. 1
18.104.22.168. Gábor Király: Four Fantasies for Chamber Orchestra and Violin (premiere)
1.2.3. GYEA is the organiser and owner of the rights to the concert.
1.3. The donations
1.3.1. Donor supports the goals of the Organisation
22.214.171.124. Donations are collected in the Barion wallet of GYEA.
126.96.36.199. The code word provided by the Organisation and entered by the Donor in the reference field during donation identifies the Organisation entitled to the donation.
188.8.131.52. Donations made to the Organisation constitute the property of the Organisation
1.3.2. The Organisation supports the goals of GYEA
184.108.40.206. The Organisations financially support the goals of GYEA.
220.127.116.11. The amount of support varies for each Organisation. For all organisations, the amount corresponds to 50% of the amount donated by the first twenty (20) Donors of the given Organisation plus 10% of the amount donated by all of its subsequent Donors.
18.104.22.168. GYEA shall transfer to the account of the Organisation the excess of the amount of received donations provided by the Organisation to GYEA as support.
22.214.171.124. GYEA shall begin transferring the share of donations due to the Organisations on 30 June 2023. The share of donations due to the Organisations is a gross amount. The Organisation shall receive the amount less the costs of card usage and bank transactions.
126.96.36.199. The GYEA shall transfer the amount to the bank account registered by the Organisation on this website. Due to incorrect data provision, after the transaction rejected by the bank, GYEA shall notify the Organisation of this fact via email, which may correct the incorrect data on this website. It shall notify GYEA of this via email, the latter then transferring the amount to the correctly stated bank account. The Organisation may request GYEA to transfer the amount in the transaction rejected by the bank with the corrected data by 31 December 2023. Thereafter GYEA shall return the full amount to the Donor(s).
1.3.3. Administration of donations
188.8.131.52. The Organisation is entitled to the full amount of received donations. Under the agreement between the Parties, the share due to GYEA is the Organisation’s donation to cover the public benefit goals and operating expenses of GYEA.
184.108.40.206. The Organisation shall issue to the Donors the declaration of acceptance and granting the right to a tax exemption on the full amount of received donations.
220.127.116.11. GYEA issues a declaration of acceptance for the donation provided by the organization to GYEA.
18.104.22.168. GYEA does not deem Donors to be donors of the GYEA (except for those specifically choosing GYEA as Organisation). It shall not contact such Donors by any means, except for automatic messaging referred to in the GTC hereunder.
22.214.171.124. Online debit card payments are transacted through the Barion system. Debit card data are not provided to merchants. The service provider is Barion Payment Zrt., an institution under the supervision of the Hungarian Central Bank with licence number: H-EN-I-1064/2013.
1.4. Viewing of the concert
126.96.36.199. GYEA allows Donors to view the concert.
188.8.131.52.1. The Donor can access the concert from GYEA’s server in the form of an online stream.
184.108.40.206.2. The Donor may exercise such right until 30 June 2023.
220.127.116.11.3. The Donor can log in to the online platform for viewing with the password it received. The password is valid for a single viewing. The Donor may pause the recording any time within 24 hours from the start of viewing and continue viewing the concert from the paused time after logging in again.
1.5. Concert tickets
18.104.22.168.1. The Donor may donate the following amounts on the www.musehelps.com site:
22.214.171.124.1.1. Thalia Donation Ticket, EUR 15 (fifteen)
126.96.36.199.1.2. Melpomene Donation Ticket, EUR 45 (forty-five)
188.8.131.52.1.3. Euterpe Donation Ticket, EUR 90 (ninety)
184.108.40.206.1.4. Erato Donation Ticket, EUR 200 (two hundred)
220.127.116.11.1.5. Kleio Donation Ticket, EUR 500 (five hundred)
18.104.22.168.1.6. Calliope Donation Ticket, EUR 5,000 (five thousand)
22.214.171.124.2. The Donor shall receive the following gifts in relation to the given amounts:
126.96.36.199.2.1. Thalia Donation Ticket : One (1) password for viewing the work Four Fantasies
188.8.131.52.2.2. Melpomene Donation Ticket: One (1) password for viewing the work Four Fantasies plus the downloadable pdf file of score of the Four Fantasies
184.108.40.206.2.3. Euterpe Donation Ticket: One (1) password for viewing the works The Marriage of Figaro by Mozart, Symphony No. 1 by Beethoven and Four Fantasies by Király plus the downloadable pdf file of score of the Four Fantasies.
220.127.116.11.2.4. Erato Donation Ticket: Two (2) passwords for viewing the works The Marriage of Figaro by Mozart, Symphony No. 1 by Beethoven and Four Fantasies by Király plus the downloadable pdf file of score of the Four Fantasies, plus the gift offered by the Organisation.
18.104.22.168.2.5. Kleio Donation Ticket: Five (5) passwords for viewing the works The Marriage of Figaro by Mozart, Symphony No. 1 by Beethoven and Four Fantasies by Király plus the downloadable pdf file of score of the Four Fantasies plus two (2) gifts offered by the Organisation.
22.214.171.124.2.6. Calliope Donation Ticket: Ten (10) passwords for viewing the works The Marriage of Figaro by Mozart, Symphony No. 1 by Beethoven and Four Fantasies by Király plus the downloadable pdf file of score of the Four Fantasies, plus three (3) gifts offered by the Organisation, plus display of the Donor’s name at the end of the broadcast.
1.6.1. GYEA and the Organisations provide gifts to Donors.
126.96.36.199. GYEA shall provide the password for streaming the concert and the downloadable pdf file of score of the Four Fantasies.
188.8.131.52. GYEA shall ensure that the name of the Donor making a EUR 5,000 donation is displayed as supporter of the Organisation at the end of the concert’s recording.
184.108.40.206. The Organisation shall provide additional gifts. These gifts may be, among other things, logoed products promoting the Organisation, commercially available gift items or gifts made by members, supports or volunteers of the Organisation. These gifts must in each case be objects existing in a physical form.
220.127.116.11.1. The Organisation agrees to deliver such gifts to eligible Donors by 31 July 2023.
18.104.22.168.2. The gift may not be an object, the distribution of which is prohibited by law in the country of the Organisation and/or Donor and/or GYEA.
22.214.171.124.3. The gift may not be an object with a negative connotation related to a social group, race or person.
1.7. The donation process
1.7.1. The Organisation registers on the www.gyeakoncert.com site by providing its data. Among other things, it provides a code word that the Donor it invites can specifically use to address its donation to the given Organisation.
1.7.2. The Organisation chooses which types of tickets to offer to its Donors.
1.7.3. The Organisation specifies the gifts it will send to its Donors in relation to the tickets (except for the Thalia, Melpomene and Euterpe categories, where gifts are not sent by the Organisation)
1.7.4. The Organization announces the possibility of donating via www.musehelps.com and accessing the concert using the available methods. Beneficiary shall independently choose how to address its sponsors, prospective donors on its social media platforms (by way of a website, Facebook, Instagram, TikTok, newsletter, advertisements or otherwise). Organiser shall not apply any restrictions in relation to the above. Exception: With regard to the fundraising campaign hereunder, no views expressed by the Beneficiary may insult, offend and/or smear any group of people.
1.7.5. By entering the www.musehelps.com site and typing the code word provided by the Organisation, the Donor views the tickets offered by the organisation and the listing of gifts related thereto. If the Donor visits the website not upon invitation by a specific organisation, it may choose the Organisation it wishes to donate to.
1.7.6. The Donor selects the preferred type of ticket and indicates the number of tickets it wishes to receive.
1.7.7. The website may direct the Donor to the card acceptor Barion, where it may give a donation in the amount stated on the ticket it selected.
1.7.8. If the Donor selected several types of tickets, the amounts of donations related to each types of tickets must be launched in the procedure launched with the Organisation’s code word.
1.7.9. If the Donor chooses a type of ticket in relation to which the Organisation offered a gift, the Donor may provide its address data. If it doesn’t provide an address, the Organisation deems the Donor as not wishing to receive the gifts.
1.7.10. After the successful card transaction, the website sends an automatic email to the Donor, which contains the password(s) enabling the viewing of the concert and lists the gifts offered by the Organisation.
1.7.11. If the Donor chose a type of ticket in relation to which the Organisation offered a gift, after the successful card transaction, the website will send an email to the Organisation containing the Donor’s address data to enable the Organisation to send the gifts to it.
II. Data processing rules
2.1. Data on the data controller
Name: Children’s Nutrition Foundation
Registered office: H-1203 Budapest, Mária u. 3.
Registration number: 01-01-0004307
Tax number: 18049842-2-43
Phone: +361 283 2510
Pursuant to Article 37(1) of the GDPR, GYEA does not appoint a Data Protection Officer; its executive officer is responsible for data protection matters:
Name: FEKETE József Csaba, chairman of the Board of Trustees
Phone: +36 70 455 1955
Email address: firstname.lastname@example.org; email@example.com
2.2. Scope of processed data categories
2.2.1. GYEA processes the following personal data of Donors:
126.96.36.199.2. Contact information (phone number, email address, address)
>188.8.131.52.3. Bank data (bank and bank account data)
>184.108.40.206.4. Data on transactions between GYEA and the Donor.
2.2.2. Data on cooperating partners (Organisations)
220.127.116.11. Data provided by Organisations on the following websites: www.gyeakoncert.com and www.musehelps.com.
2.3. Method of obtaining data:
2.3.1. GYEA obtains personal data referred to in clause 2.2.1. through registration of the Donor on the www.musehelps.com website.
The Donor is required to provide information referred to in clause 2.2.1. during registration. In the absence of this information, GYEA is unable to accept the support or provide the viewing of the concert.
Laws on data processing
• Regulation 2016/679/EU (General Data Protection Regulation/GDPR)
• Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information
• Act V of 2013 on the Civil Code
• Act CLXXV of 2011 on the Right of Association, Public Benefit Status, and the Functioning and Support of Civil Society Organisations
• Government Decree No. 350/2011 (XII. 30.) on certain matters concerning the management of civil society organisations, fundraising and public benefit functions
• Act LXXXI of 1996 on Corporate Tax and Dividend Tax
• Act C of 2000 on Accounting
2.4. Legal basis and purpose of data processing
2.4.1. The primary legal basis of processing is the consent of the data subjects [Article 6(1)(a) of GDPR].
2.4.2. The purpose of processing is acceptance of the donation and the Donor’s access to the concert, enforcement of the rights and obligations arising from these legal relationships, and fulfilment of the legal obligations related to the legal relationship [Article 6(1)(b),(c), Article 9(2)(h) of GDPR].
2.4.3. The purpose of processing is also to pursue the legitimate interests of GYEA or of a third party [Article 6(1)(f) of GDPR].
2.4.4. The purpose of data processing based on the consent of the Donors is to pursue the legitimate interests of GYEA, namely: successful implementation of funding campaigns, maintenance of the donor base [Article 6(1)(f) of GDPR].
2.4.5. GYEA does not use purely automated processing or individual measures for profiling purposes in order to make decisions.
2.4.6. In the case of processing for purposes other than the above, GYEA shall inform the data subject in advance and, if necessary, obtain his/her consent to processing.
2.5. Data retention period
2.5.1. GYEA shall delete the processed personal data immediately when these are no longer needed for the purposes detailed in clause 4. However, after the support has been paid, GYEA shall continue to store personal data it is legally obliged to retain. This is usually due to statutory record-keeping and retention obligations, and limitation periods. On the basis of the above, the retention period for personal data can be up to 10 years. Furthermore, GYEA will retain personal data for as long as any claims may be brought against it.
2.6. Place of data retention, security measures
2.6.1. GYEA retains electronic data on servers and computers at its registered office, and paper data in the archives at its registered office.
The IT systems used by GYEA to process personal data are chosen in such a way that they are accessible to authorised persons, their authenticity is ensured, the integrity of personal data processed can be verified, the systems are protected against unauthorised access and the developer of the IT system certifies its compliance with the GDPR.
Paper-based data are stored in lockable cabinets/rooms.
2.7. Scope of persons authorised to access data, data processing, data transfer
2.7.1. At GYEA, access to the personal data of natural person concerned is limited to those persons who, by virtue of their position, are responsible for facilitating performance of the GYEA’s contractual and legal obligations, have agreed to confidentiality and have been duly informed of the provisions of the GDPR.
2.7.2. In addition, GYEA – in order to fulfil its contractual and legal obligations – also uses third party service providers, who are also bound by confidentiality obligations and are also obliged to fully comply with the provisions of the GDPR. Service providers used by GYEA:
18.104.22.168. Google Analytics
22.214.171.124. Barion Pixel
126.96.36.199. Facebook pixel
188.8.131.52. XXX Könyvvizsgáló Korlátolt Felelősségű Társaság, which may access data on Donors and Organisations necessary for performing auditor duties
2.7.3. In addition to the above, GYEA may also transfer the personal data processed to additional recipients if this is necessary to fulfil its contractual or legal obligations. These may be the following, for example:
184.108.40.206. public prosecutor's office
2.7.4. GYEA does not transfer personal data outside the European Economic Area.
2.8. Rights of the data subject
2.8.1. Right of access and information (Article 15 of GDPR)
220.127.116.11. The data subject may request information about data processed by GYEA, in addition to the information contained in this notice.
2.8.2. Right to rectification (Article 16 of GDPR)
18.104.22.168. The data subject may request GYEA to rectify inaccurate personal data without delay.
2.8.3. Right to erasure, right to be forgotten (Article 17 of GDPR)
22.214.171.124. The data subject may request the erasure of his/her personal data if the personal data are no longer necessary for the purposes for which they were processed, if he/she has withdrawn his/her consent in the case of processing based on consent, or if his/her personal data are unlawfully processed by GYEA.
2.8.4. Right to restriction of processing (Article 18 of GDPR)
126.96.36.199. The data subject may request the restriction of processing in the event of inaccurate data until rectification, or in the event of unlawful processing, if he/she does not wish the data to be deleted or if the purpose of processing has ceased but GYEA needs the data for the purpose of pursuing a claim or until the objection has been dealt with.
2.8.5. Right to data portability (Article 20 of GDPR)
188.8.131.52. The data subject is entitled to receive personal data processed in a structured, commonly used, machine-readable format and to transfer them to a third party controller.
2.8.6. Right to objection (Article 21 of GDPR)
184.108.40.206. The data subject may object at any time, on grounds relating to his/her particular situation, to the processing of his/her personal data based on subparagraph (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. In this case, GYEA may no longer process the personal data, unless it can demonstrate compelling legitimate grounds for processing, which override the interests, rights and freedoms of the data subject or are related to the lodging, enforcement or defence of legal claims.
2.9.1. The natural person concerned may lodge a complaint with the managing director of GYEA, the data protection supervisory authority (National Authority for Data Protection and Freedom of Information, naih.hu) or a court.
III. Miscellaneous provisions
3. User rights
3.1.1. The partner Organisation may track at any given time its current balance on the following page: https://www.gyeakoncert.com/myaccount.html.
4.1.1. 10 April 2023
220.127.116.11. The cooperation agreement between the Organisations and GYEA may not be concluded after this date.
18.104.22.168. The concert recording may not be viewed/listened to before such date.
4.1.2. 30 June 2023
22.214.171.124. After this date, the Organiser may disable the option to view the concert online on its website; the viewing rights granted until then, but not exercised, shall no longer be valid.
5. Nature of relationship
5.1. The Agreement and the verbal or written express or implied provisions between the Parties do not establish an association, legal personality, employment, joint venture or any other type of partnership between the Parties; only a relationship between independent Parties is established.
6. Resolution of disputes
6.1. In the event of disputes between the Parties arising from the Agreement hereunder, the Parties agree to the jurisdiction of the court where GYEA has its registered office. If legal action arises from the Agreement, the not prevailing party shall reimburse all reasonable legal fees and judicial costs to the prevailing party. If a dispute arises from the Agreement, the Parties agree to initiate out-of-court dispute resolution.
7. Exclusion of data use
7.1. After expiry of the Agreement, GYEA shall not contact in any form the Donors involved in donations by the Organisation for fundraising purposes.
8. Exclusion of competition
8.1. The Organisation shall not launch a similar campaign or participate in such campaign within one year from termination of the Agreement.
9.1. If the Parties do not insist on strict fulfilment of the terms and conditions, and agreements hereunder, or exercise their contractual or express rights, they shall not be deemed to have waived their rights or remedies.
10. Force majeure
10.1. The Parties are not deemed to breach law or be obliged to provide services, if the breach of duty, liability or failure to perform services is partly or in whole attributable to the following: employee strike, regulations or changes in regulations, war, epidemic, extreme weather, unavoidable accidents, or any other reasons beyond the control of GYEA or Organisation.
11.1. Notification is deemed to be delivered, if sent in writing to the address provided in the cooperation agreement. The Parties shall accept notifications sent via email as notifications sent in writing to the given address. The date of delivery is the date of sending determined for emails with the receipt time stamp of the SMTP server.
12. Right of withdrawal
12.1. GYEA may cancel the Agreement with reasoning, if the notification of cancellation is delivered to the Organisation 3 days before cancellation.
Parts of the sites www.gyeakoncert.com and www.musehelps.com (hereinafter “website” ) use small data files (hereinafter “cookies”) to help identify the website user. By visiting the website and using its certain functions, the data subject gives his/her consent to the storage of such cookies on his/her computer and to their access by the data controller.
As a technical intermediary, the data controller may ensure that third parties cooperating with the service provider, in particular Google Inc., store cookies when a website user visits the website, if the website user has previously visited the website of the data controller and may display an advertisement to the website user on this basis.
What are cookies and how do we manage them?
Cookies are small data files that are transferred to the user’s computer through use of the website, and are saved and stored by the user’s internet browser.
General functions of cookies:
• collection of information about visitors and their devices;
• saving of the visitors’ individual preferences, which are/may be used, for example, when making an online transaction, thus it is not necessary to re-enter them;
• facilitating use of the website;
• providing a quality user experience.
In order to provide a personalised service, a small piece of data called a cookie is placed on the user’s computer and read back during a subsequent visit. If the browser returns a previously saved cookie, the cookie management service provider has the possibility to link the user’s current visit to previous visits, but only in relation to its own content.
Disable cookies for each browser:
• Chrome: https://support.google.com/accounts/answer/61416?hl=hu
• Firefox: https://support.mozilla.org/hu/kb/sutik-informacio-amelyet-weboldalak-tarolnak-szami?redirectlocale=hu&redirectslug=Sütik+kezelése
• Internet Explorer: https://support.microsoft.com/hu-hu/help/17442/windows-internet-explorer-delete-manage-cookies#ie=ie-11
• Safari: https://support.apple.com/kb/PH21411?viewlocale=en_US&locale=en_US
• Edge: https://support.microsoft.com/hu-hu/help/10607/microsoft-edge-view-delete- browser-history
• Opera: http://help.opera.com/Windows/10.20/hu/cookies.html