1. (a) An agreement between a recipient charitable organization and a charitable fundraising platform or platform charity, in which the recipient charitable organization provides written consent for the charitable fundraising platform, platform charity, or any partnering platform expressly identified in that agreement to use its name in a solicitation on or through a charitable fundraising platform, shall comply with all of the following requirements:

   1. (1) The agreement shall comply with Government Code section 12599.9, subdivisions (f)(1) and (h), and sections 320 and 321 of these regulations.
   2. (2) The agreement, including any agreement amendments and renewals, may be entered into electronically. Such agreement may refer to or incorporate terms available on a platform provided by a charitable fundraising platform or platform charity as specified in this subdivision (a), as long as a recipient charitable organization is informed or sent written notice when changes are made to the platform containing the agreement's terms, is not charged financially for platform access, and the platform clearly explains the changes.
   3. (3) For an agreement seeking written consent for more than one charitable fundraising platform, all charitable fundraising platforms shall be identified, and a recipient charitable organization shall be able to select the charitable fundraising platforms for which it gives or does not give consent. The identification of charitable fundraising platforms and the ability to give or not give consent may be provided through terms available on a platform.
   4. (4) The agreement shall specify the total amount of fees charged for each charitable fundraising platform or platform charity. This information may be provided through terms available on a platform.
   5. (5) The agreement shall specify the time period for sending donated funds for each charitable fundraising platform, which shall comply with Government Code section 12599.9, subdivision (h), and section 320 of these regulations. This information may be provided through terms available on a platform.
   6. (6) The agreement shall allow a recipient charitable organization to review and approve information in the solicitation about the recipient charitable organization, and if not approved, the information about the recipient charitable organization shall be removed from the solicitation. This includes information that restricts or indicates a preference as to how donations may be used by a recipient charitable organization. Prior approval is not required when peer-to-peer charitable fundraising is involved, or for information provided by the recipient charitable organization.
   7. (7) The agreement shall allow a recipient charitable organization to acknowledge persons who made donations or engaged in peer-to-peer charitable fundraising, and specify any other terms regarding the sharing or use of information provided by such persons, if they choose to share their information with a recipient charitable organization.
   8. (8) For each charitable fundraising platform that engages in solicitation type A or B and allows donors or persons engaging in peer-to-peer charitable fundraising to restrict or designate a preference as to how donations may be used by a recipient charitable organization, a recipient charitable organization shall be able to specify whether it agrees in advance to comply with the designations or restrictions made by donors or persons engaging in peer-to-peer charitable fundraising. This agreement may be provided through terms available on a platform.
   9. (9) For each charitable fundraising platform that engages in solicitation type A or B, the agreement shall permit the charitable fundraising platform to send a tax donation receipt on behalf of a recipient charitable organization. This includes donations or recommended donations made by donors who do not choose to share their information with a recipient charitable organization. This is not required for recommended donations made to a platform charity or a charitable fundraising platform that is tax-exempt under Internal Revenue Code section 501(c)(3).
2. (b) When a recipient charitable organization makes a written request for removal, as described in Government Code section 12599.9, subdivision (f)(2)(C), the charitable fundraising platform or platform charity shall promptly verify the request by asking for identifying or other relevant information from the recipient charitable organization, unless already provided. For purposes of this subdivision and Government Code section 12599.9, subdivision (f)(2)(C), “promptly” means no later than three business days after the written request for removal is made. If the recipient charitable organization does not provide the identifying or other relevant information no later than three business days after it was asked, the charitable fundraising platform or platform charity shall use the information sources specified in Government Code section 12599.9, subdivision (f)(2)(A), to verify the request.

Note: Authority cited: Sections 12587 and 12599.10, Government Code. Reference: Sections 12599.6, 12599.9 and 12599.10, Government Code.

History

1. New section filed 3-26-2024; operative 1-1-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 13).