We value all of our donors, no matter what they donate, will treat them fairly and reasonably and are accountable and responsible with the resources given to us. We respond to all feedback given to us by our donors. The purpose of this policy is to communicate our approach to fundraising.

 

Legal requirements

This policy and related procedures consider the following legal requirements and regulatory codes, standards and guidance:

• Charities (Protection and Social Investment) Act 2016
• Charities Act 2006 Fundraising Policy 4 Version 1: Aug 2018
• Charities Act 1992
• Data Protection Act 2018
• General Data Protection Regulation (GDPR).
• Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003
• Safeguarding Vulnerable Groups Act 2006
• Equality Act 2010
• Payment Card Industry Data Security Standards (PCI-DSS).
• Fundraising Regulator Code of Fundraising Practice
• Certified Institute of Fundraising Treating People Fairly Guidance
• Gambling Act 2005
• Mental Capacity Act 2005
• Bribery Act 2010

 

Fundraising Regulator

Watershed is registered with the Fundraising Regulator. We commit to its Fundraising Promise and follow its Code of Fundraising Practice. The code sets out the standards that apply to fundraising carried out by all charitable institutions and third party fundraisers in the UK.

Our Development Manager ensures that all staff engaging in fundraising for Watershed are aware of the Code of Fundraising Practice and any updates.

Fundraising complaints must be monitored, recorded, and reported annually to the Fundraising Regulator by the Development Manager.

 

Responsibilities

Watershed’s Board of Trustees takes ultimate responsibility for our fundraising, and acts in the best interest of Watershed at all times.

They delegate operational management of fundraising to our CEO, Executive Team, Senior Management Team and Development Manager.

 

Fundraising Activities

All our fundraising must be legal, open, honest and respectful:

• We will not fundraise in a way which is an unreasonable intrusion on a person’s privacy, is unreasonably persistent or places undue pressure on a person to donate.
• Our fundraisers or fundraising materials must not mislead anyone.
• We will not take advantage of mistakes made by a donor.
• If talking about finances and financial benefits we will let donors know that we are not able to offer formal financial advice.
• Our fundraising will not discriminate against people with characteristics protected under the law of England, Scotland and Northern Ireland.
• We will take all reasonable steps to treat a donor fairly, so that they can make an informed decision about any donation.
• We will not ask for funds for a purpose which does not fit within our charitable aims.
• Donations will be used for the purpose for which it was given by the donor. Any donations given with conditions attached to the donation will be recorded.
• If fundraising for a particular purpose, we will include a statement saying what will happen to the funds if the total raised is not enough to reach (or is more than) the target.

Individual Giving and Corporate Support

We have several ways that individuals and companies can donate to us: when buying a ticket through our Box Office, a one-off online donation, a regular gift, a seat sponsorship and when they are making a purchase at our Café & Bar or Undershed. We may also arrange static collections (money and card payments). We also undertake specific direct mailing campaigns which involve postal, email and text mailings and information shared on our website and social media platforms.

Key principles we follow:

• We will be clear in our ask for support and will make sure that it is legal, decent, honest, and truthful.
• We will make sure that our fundraising asks are suitable for our audiences and do not contain anything that is likely to cause serious or widespread offence.
• We will thank every donor for their donation unless they ask us not to. This includes general thank you messages in our building and online for those who give anonymously.
• We will regularly communicate our plans to publicly acknowledge donors and give them opportunity to opt out.
• We will take all reasonable steps to avoid asking for regular donations for anyone under 18 years old. 
• When sending direct marketing mailings, we make sure that we do not send it to anyone who has registered with the Mailing Preference Service unless we have a previous relationship with them.
• We will not make marketing phone calls to anyone who has registered with the Telephone Preference Service (TPS) and Corporate Telephone Preference Service (CTPS) unless they have told us that they agree to receiving direct marketing calls from us for the time being.
• If a donor/funder/company asks us not to contact them again we won’t.
• If we offer benefits to someone for their donation, we will make sure that we have the power to give those benefits, that they are appropriate and proportionate to the size and frequency of the donation.

Events

Occasionally Watershed hold fundraising events (in person, online, hybrid). When organising a fundraising event, we will:

• Consider issues of equal access for all.
• Carry out suitable risks assessments for each event.
• Make sure that the event is covered by our insurance.
• Make sure we have all the permissions or licences we need for the event.
• Ensure that we have permission from the owner of the space to fundraise if the event is taking place outside of Watershed.
• Make sure that number of attendees is within agreed limits for the space we are using.
• Make sure that all marketing materials have accurate and clear details of the event and clearly state how the money raised from the event will be used.
• Make sure on the day that the event can take place safely.

Grant making bodies (including trusts and foundations)

We receive a large proportion of our income from grant making bodies.

We make sure we undertake due diligence before approaching a grant making body to ensure that their objectives and interests align with our work. Where possible we will contact the grant maker in advance to check eligibility and make applications to only those we believe we are eligible to. Our applications will be a true reflection of our work. If we are required to give a referee in an application, we will get their permission in advance.

If we are successful, we will follow the administrative requirements of the grant making body regarding payments. We will make sure that both Watershed and the grant making body understand and agree any conditions that apply to the grant before we formally accept it.

We will closely follow the reporting guidelines and requirements of the grant making body and will keep them updated throughout the grant period. If we wish to spend a grant in a different way to what was originally planned, we will seek the approval of the grant making body before any changes are made to the work.

If we are unsuccessful, we will request feedback to improve future applications, however, we will respect the decision of the grant maker.

Gift in Wills Fundraising

Watershed highlights the fact that people could choose to leave a gift in their will to the organisation and actively promotes any charitable giving in this way – not just to Watershed. Gifts in Wills can be a particularly sensitive area of fundraising. To ensure that there is no undue influence and pressure in our gifts in wills fundraising, we will:

• Make sure that all fundraising activity relating to gifts in wills considers:
  • The freedom of the person leaving the legacy to provide for their family and others; and
  • Any sensitive circumstances of the person potentially leaving us a gift in their will and their friends and family.
• Make it clear that Watershed does not provide legal advice and that the content of any communications regarding gifts in wills are not intended to be legal advice.
• Always suggest that a person considering leaving a gift in their will should get their own professional advice.
• Ensure that people invited to an event about legacies, or if legacies will be discussed and asked for at an event, are aware of the reason for the invitation.
• Ensure that fundraisers visiting people who might consider leaving a legacy to Watershed in their will always:
  • Accept the person’s right to invite other people of their choice to be present at any stage of the meeting;
  • Reminds the person of the purpose of the visit;
  • Makes sure that the meeting is carried out in a way and at a length that is sensitive to and suits the person considering leaving a legacy’s interests and concerns;
  • Accepts the person’s right to end the meeting at any time, and does this promptly and politely;
  • Makes and keeps attendance notes of meetings and communications with the person on file; and
  • Acts professionally and not in any way that a reasonable person might judge to be threatening or as putting undue pressure or influence on the person.

We will not:

• Provide people with suggested wording to use in their will. However, we will offer out our full name, registered charity number and registered office address so that we can be clearly identified.
• Agree to become an executor of a will if asked.
• Exploit beneficiaries or supporters when using their stories as case studies or testimonials for legacy giving. We will respect their dignity and privacy. We will only use case studies with the permission of the person leaving the legacy, or if they have died, from the person responsible for the estate.
• Hold face to face meetings in the home of a person who potentially will leave us a gift in their will without them first having the opportunity to refuse the meeting.
• Draft, or be directly involved in drafting wills in our favour – Watershed Board members and staff should not witness a will which leaves a gift to the charity.

Close relationships can develop between a fundraiser and a person considering leaving a legacy to a charity. If a fundraiser working for Watershed is offered a personal legacy (rather than the charity), they must explain to the person making the will that if they want to give a legacy to them personally, they must tell their line manager about the gift. Fundraisers must not take advantage of being employed by Watershed to ask for a personal legacy. If Watershed believe that a fundraiser has abused their position and has asked for a personal legacy, we will follow disciplinary procedures for dealing with these situations.

We may choose to work with will writing partners (online and in person) in order to raise awareness of writing a will and giving people the opportunity to write a will using a service of this kind. We recognise there are considerable risks to the organisation in paying the costs involved in making a will which includes a legacy to us, and where possible will look to partner with organisations that offer a free will service. However, if we decide to partner with an organisation which charges us for wills written by our supporters as a result of our promotion of their offer:

• We will not insist that we receive a legacy.
• We will always recommend to the person making the will that they should get independent legal advice.
• We will make it clear to the person making the will that the solicitor or will writer will be acting only in their own interests and on their instructions.

If we are informed by a supporter that they have left a gift in their will to Watershed:

• We will continue to update them on the work of Watershed, unless they say they no longer want to receive any further marketing communications. We will respect their wishes.
• We will not agree to explain to family members why they are not included in their will but only say that we can explain why we need the legacy.
• We will respect the supporter or their estate’s wishes about public recognition of the gift.

Where we can meet any conditions set out as part of a legacy we will. If we cannot meet the conditions, we will inform the supporters’ personal representatives of the reasons why and contact the Charity Commission for help (i.e., because the purpose has been fulfilled, the money can no longer be used for that purpose, the purpose is no longer a charitable purpose of Watershed. Or if the intended purpose has stopped being a suitable and effective use of the money or does not provide a use for all the money). We will not use the legacy left under a condition for a different purpose without proper authority of the Charity Commission.

 

Adults at Risk (Vulnerable People)

If we think that someone who is engaging with our fundraising activities is not fully understanding the nature of the donation they are being asked to make to Watershed, or the consequences of making that donation we will politely end the conversation without asking for a donation as the welfare of the person is the paramount consideration for us.

Our Safeguarding Policy outlines definitions of adults at risk and we will consider the needs of any possible donor who may be in vulnerable circumstance or need extra care and support to help them to make an informed decision. If the fundraiser is unsure they will still politely end the conversation without asking for any donations, take the persons contact details and discuss the matter with a member of the Executive Team before taking any further action.

If we are informed that a donor has donated while they do not have the capacity to make an informed decision,  we will return the donation to them immediately.

For more information regarding our safeguarding practices read our safeguarding policy.

 

Acceptance/refusal of gifts

Watershed’s fundraising is essential in helping us to continue our work and we work in partnership with donors/funders to achieve our charitable objectives.

Legally Watershed are only able refuse a donation in exceptional circumstances. We undertake due diligence before accepting a donation of more than £5000 or which seems suspicious (unexpected, anonymous or unsolicited donations or donations with special conditions) and may refuse an offer of a donation if we feel that the acceptance of the donation (monetary or in kind):

• would be detrimental to the achievement of our charitable purposes.
• would have a negative effect on our reputation/or lead to a decline in support, if Watershed was to accept such support

Our due diligence will include finding the answers to questions included in The Charity Commission’s ‘Know your donor’ tool.

Where possible we will discuss these issues in advance of a donation/grant being offered to Watershed, or an application for funding is made, to ensure that we partner with complementary donors/funders.

Decision to accept or refuse a gift will follow Watershed’s Decision-Making Criteria and Process as set out in our Ethics Policy. If we decide to refuse a donation, we will keep a record of our decision and the reasons why.

 

Refunding a donation

Under charity law, charities are not permitted to refund donations other than in specific circumstances including:

• if the terms and conditions of the gift provide for it to be returned in particular circumstance,
• where the law specifically provides for the gift to be returned in particular circumstances (including if the donation was intended for a different charity, if we have reasonable grounds for believing that a supporter lacks the capacity to make a decision, or if an appeal does not raise sufficient funds to undertake the work that was advertised)
• or by way of an ‘ex-gratia payment’ (a payment made as a result of a compelling moral, but not legal obligation – This type of donation return will only be permitted where the charity has received an order from the Charity Commission).

If a refund is permitted, we will refund a donation minus the fees it has cost us to process the original donation.

 

Processing personal data of donors

We collect personal data of donors/funders in line with Watershed’s Privacy Policy.

 

Donation Processing

Most of our donations are received online via our Box Office system, as a direct payment into our bank account via our website or via CAF Online. CAF Online incurs a charge for transferring payment however we always record the total donation as income, and record fees charged in our accounts as ‘expenditure’. Our website transactions are processed through Stripe who take a fee for processing the payment on our behalf. As with CAF Online we will record the total donation as income and record fees charged in our accounts as ‘expenditure’.

Several supporters donate by direct debit via CAF Online. Through CAF Online we sign up to the Direct Debit Guarantee Scheme and meet its standards.

Occasionally we receive cheques from donors. Where possible, cheques are paid into the bank account on the same day it is received by the fundraiser. When paying these into the bank the fundraiser must obtain a receipt and send it to our finance department.

We do not normally accept cash, however, if a donor wanted to give only in cash, we would accept it. We will never leave unsecured cash unattended, and cash will be counted and recorded by two unrelated people, in a secure place. Where possible, cash donations are paid into the bank account on the same day it is received. When paying these into the bank the fundraiser must obtain a receipt and send it to our finance department. If cash cannot be banked on the same day, it must be put in a safe or other secure place.

We claim Gift Aid on eligible donations. CAF Online claims gift aid on our behalf for donations made via the platform. Gift aid claims on other donations received are made through our finance department or via our Fundraising Customer Relationship Management system – Beacon – which automatically collates claims and sends them to HMRC on our behalf.  We will only gift aid for a donation if all of the conditions are met. We regularly check that our gift aid declaration meets HMRC’s guidance of Gift Aid.

For specific campaigns we may choose to use other platforms such as Just Giving or The Big Give. Donation processing and gift aid collection will follow similar processes to those mentioned above.

 

Reporting/Communications with Donors

We aim to keep our funders/donors updated about our work and the impact of their donation. The way we do this include:

• Reports to funders
• Quarterly supporter email updates
• Announcements in marketing weekly/monthly emails and on social media
• Promotion within the building

Funders/donors who do not wish to receive these communications can inform us and we will remove them from mailing lists. When funders have specific reporting schedules we will complete and return reports within funder deadlines.

 

Donor research

For a small number of our audience, where we want to better understand people’s engagement with Watershed and their potential interest in supporting us, we may seek additional information. What we collect and from which sources is outlined in our Privacy Policy.

 

Feedback, Compliments and Complaints

We welcome feedback about our fundraising approach and practices, positive and/or negative, and are committed to maintaining positive relationships with our supporters.

Information about how to give feedback, compliments or complaints can be viewed in Watershed’s Complaints Process.

We will ensure that complaints are investigated thoroughly, and we will respond to complaints in a way that is in proportion to the complaint. We will regularly review any lessons to be learnt from complaints and use that learning to help us with our future fundraising activity.

 

Review

This policy and its procedures are reviewed every three years.

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