Good Fundraising Guarantee Terms and Conditions

1. Eligibility for the Good Fundraising Guarantee

• 1.1.  Your organisation is:

• 1.1.1.  A Registered Scottish Charity i.e., it holds a valid registration with the Scottish Charity Regulator (OSCR).

• 1.1.2.  Headquartered in Scotland or has its principal office in Scotland.

2. Best practice fundraising

• 2.1.  When fundraising you will:

• 2.1.1.  Comply with the law as it applies to charities and fundraising.
• 2.1.2.  Operate in line with the values of the Code of Fundraising Practice; to be Legal, Open, Honest and Respectful in all your fundraising.
• 2.1.3.  Be clear about who your charity is and what it does.
• 2.1.4.  Give a clear explanation of how supporters can donate and be respectful of their decision to change or stop a regular donation.
• 2.1.5.  Have a procedure for working with people in vulnerable circumstances which will be published on your website or is available on request.
• 2.1.6.  Respect the rights and privacy of your supporters.
• 2.1.7.  Handle and process data securely and in accordance with data protection law and regulation.
• 2.1.8.  Monitor fundraisers, volunteers and third parties who work with us to raise funds, ensuring that they also comply with the Code of Fundraising Practice.
• 2.1.9.  Include the Good Fundraising Guarantee logo on your fundraising materials (where practical).

3. Complaints handling

• 3.1.  You will have a complaints policy in place which is clear, easily accessible, and compliant with the Code of Fundraising Practice.
• 3.2.  You will provide clear and evidence-based reasons for your decisions when considering a complaint.
• 3.3.  Your complaints policy should explain:

• 3.3.1.  How a complaint can be made.
• 3.3.2.  The stages within your complaints process including expected time scales for responses from each stage.
• 3.3.3.  How your organisation records complaints and your organisation’s retention policy.
• 3.3.4.  Your charity’s commitment to investigating any complaints received within a reasonable timeframe* and that your findings will be issued in writing. *We suggest a response be provided within 28 days of acknowledgement of receipt of the complaint
  
• 3.3.5.  How a complaint can be referred to the Scottish Fundraising Adjudication Panel if the complainant is unsatisfied with the resolution or feels that their concerns have not been adequately addressed.

• 3.4. The charitable fundraising organisation will cooperate with the Scottish Fundraising Adjudication Panel if a complaint is referred to us. Including but not limited to:

• 3.4.1. providing copies of fundraising materials if requested.
• 3.4.2. complying with recommendations or remedies issued as a result of an inquiry.

4. How we adjudicate complaints about your fundraising

• 4.1.  If a complaint is referred to us, we will handle it in line with our complaints process as published on our website.
• 4.2.  If we adjudicate a breach of the Code of Fundraising Practice our recommendations or remedies may include (but not limited to) one or more of the following measures (all or some of which may be announced publicly):

• 4.2.1. recommending that fundraisers undergo relevant training or directing the charity to online guidance to improve their approach.
• 4.2.2. seeking evidence from the charity as to how it has dealt with the complaint and how this will affect their future campaigns.
• 4.2.3. recommending that the charity suspends fundraising or submit to its Board clear future fundraising campaigns for a stated period and report back to us. In some cases, we may ask the charity trustees/board members to conduct an independent external audit of their fundraising.
• 4.2.4. referral to the Scottish Charity Regulator or other statutory regulator or relevant body.
• 4.2.5. Withdrawing your use of the Good Fundraising Guarantee.

• 4.3.  Where we make recommendations, we shall do so taking into account considerations such as the level of risk, harm and detriment posed by an instance of poor practice.

5. Use of the Good Fundraising Guarantee

• 5.1.  In relation to the use of the Good Fundraising Guarantee, you agree:

• 5.1.1. to comply with our logo use guidelines.
• 5.1.2. to remove the Good Fundraising Guarantee logo and any reference to your organisation’s registration for the Good Fundraising Guarantee from (and if that is not possible, to withdraw from circulation) any materials bearing it on them within one month of the notification of the termination of your registration (unless otherwise agreed).

6. Removal of the Good Fundraising Guarantee

• 6.1.  We take unauthorised use of the Good Fundraising Guarantee seriously. If an organisation displays the guarantee but is not registered with us, we will seek its removal.
• 6.1.1.  Refusal to remove the logo when requested may result in further action from the Panel. Which may include:

• Issuing a cease-and-desist notice
• publicising the charity’s non-compliance,
• reporting the charity to other regulatory bodies or
• the charity being found in breach of 2.1.3 of the Code of Fundraising Practice:
  “You must respond constructively and within an appropriate time to any enquiries you receive from us or the Scottish Fundraising Adjudication Panel relating to keeping to the code. You must also make sure your fundraising partners do the same.”

• 6.2.  Your registration for the Good Fundraising Guarantee will continue, unless:

• 6.2.1. Your membership is revoked by the Scottish Fundraising Adjudication Panel following the adjudication of a breach of the Code of Fundraising Practice.
• 6.2.2. You fail to meet the obligations outlined in the Terms and Conditions.
• 6.2.3. Your organisation is withdrawn from the Scottish Charity Regulator’s (OSCR) register.
• 6.2.4. Your charitable organisation merges with another charitable organisation. The newly formed organisation is required to reapply for the guarantee.
• 6.2.5. You tell us your charitable organisation no longer wishes to be registered.

7. Confirmation

• 7.1.  By registering for the Good Fundraising Guarantee, your organisation confirms that:

• 7.1.1. The charity is eligible to register with the Scottish Fundraising Adjudication Panel and will abide by these Terms and Conditions.
• 7.1.2. The members of the governing body of the charitable organisation have agreed to the organisation’s registration for the Good Fundraising Guarantee and agree to these Terms and Conditions.

8. Withdrawing from the Good Fundraising Guarantee

• 8.1.  Where an organisation no longer operates as a charity; whether they:

• 8.1.1. elect to cease operating as a charity but continue operating in another form
• 8.1.2. are removed from the Scottish Charity Regulator’s (OSCR) register as they no longer meet the charity test
• 8.1.3. are wound up or dissolved
• the charity should inform the Scottish Fundraising Adjudication that they are no longer eligible for the Good Fundraising Guarantee.

• 8.2.  Registration for the Good Fundraising Guarantee can be terminated by emailing info@goodfundraising.scot stating your charity’s name, Scottish Charity registration number (beginning SC0) and your request for your registration to be withdrawn.

By clicking ‘Register’, I confirm that I have read, understood the Good Fundraising Guarantee terms and conditions and the above-named organisation agrees to comply with the terms and conditions.