Terms and Conditions
Article 1. Identity of the Foundation
Tilburg Orientation Program Foundation* (TOP)
Chamber of Commerce no. 41096095
Warandelaan 2, Esplanade Building 202, 5037 AB Tilburg
Telephone: 013 466 28 49
*The Tilburg Orientation Program Foundation is run under the auspices of Stichting Tilburg Orientation Program.
Article 2. Applicability
2.1 These Conditions apply to access to and participation in events, activities, and manifestations organized by the Tilburg Orientation Program Foundation that are open to or accessible to TOP participants, TOP mentors, and/or TOP crew.
2.2 The TOP Foundation is represented by at least two jointly acting Board members and possibly by a representative authorized as such by the board.
2.3 For the purpose of these Conditions, TOP participants are defined as any prospective students of a program offered by Tilburg University, Avans University of Applied Sciences, and Fontys University of Applied Sciences who have registered for the introduction week (hereinafter referred to as: TOP Week) and take part in it.
2.4 For the purpose of these Conditions, TOP mentors are defined as volunteers appointed by the Tilburg Orientation Program Foundation, always senior students, who supervise TOP participants designated as such by the Tilburg Orientation Program Foundation during TOP Week.
2.5 For the purpose of these Conditions, TOP crew is defined as volunteers appointed as such by the Tilburg Orientation Program Foundation and designated by the Tilburg Orientation Program Foundation to offer support during activities taking place in TOP Week.
2.6 For the purpose of these Conditions, an event is defined as any activity organized by the Tilburg Orientation Program Foundation that is open to or accessible to TOP participants, TOP mentors, or TOP crew.
2.7 These Conditions apply to TOP participants, TOP mentors, and TOP crew and/or legal acts by the TOP Foundation, the latter unless stipulated otherwise by contract.
2.8 Deviations from these Conditions are valid only if agreed on explicitly in writing, after confirmation by both parties. Deviations in that case are valid exclusively for the agreement in which the deviation in question was agreed on.
2.9 If any provision of these Conditions is null and void or is voided, the other conditions of these Conditions will remain fully in effect and the TOP Foundation will determine provisions to replace the null and void or voided provisions, taking into account as much as possible the objectives and the meaning of the null and void or voided provisions. In so far as desired, the parties will consult on the exact wording of these new provisions.
Article 3. Payment
3.1 All prices mentioned are in euros and inclusive of VAT.
3.2 Participants who have registered for TOP Week and who no longer want to take part must sign themselves out. If they do so before August 3, 2020, participants will be reimbursed in full. If they sign out between August 3 and August 9, half the registration fee will be reimbursed. If participants sign out in the week before the event, they are no longer entitled to reimbursement of the registration fee.
Article 4. Admission
4.1 E-tickets or different admission tickets are not refundable.
4.2 On presentation of an original e-ticket and after their ID has been checked, TOP participants receive a wristband.
4.3 Admission to events is open to TOP participants and TOP mentors on the presentation of a wristband supplied by the Tilburg Orientation Program Foundation. The color of the wristband determines whether admission to an event or part of an event is open to the wearer of the wristband.
4.4 The TOP wristband is strictly personal and not transferable. Participants are not permitted to transfer their wristband to others.
4.5 Entitlement to admission to an event is canceled if it is established by or on behalf of the Tilburg Orientation Program Foundation that the maximum capacity of the venue has been reached.
4.6 Wristbands that have been tampered with are no longer valid. On presentation of the broken wristband and a valid ID, TOP participants and TOP mentors can obtain a new TOP wristband.
4.7 During events, TOP participants and TOP mentors are obliged to show their wristband on request to the Tilburg Orientation Program Foundation and to security personnel.
4.8 If TOP participants or TOP mentors lose their TOP wristband, they may buy a new one. A new wristband without a chip costs € 25, a new one with a chip costs € 40. It is not possible to buy a new wristband if the original one was taken away by the board of the TOP Foundation.
Article 5. Other Obligations
5.1 TOP participants, TOP mentors, and TOP crew are obliged during events to observe the instructions and/or directives of the Tilburg Orientation Program Foundation, the operators of the manifestation where the event is taking place, security personnel, the fire department, and other authorized persons. At all times, the TOP Foundation can deny access to events to TOP participants, TOP mentors, or to TOP crew who do not observe the instructions and/or directives, or who are guilty of improper behavior.
5.2 TOP mentors, TOP participants, and TOP crew agree to be frisked on entering the event sites if security personnel deem this necessary.
5.3 TOP participants, TOP mentors, and TOP crew are not allowed to bring the following onto the event site:
- alcoholic beverages
- other dangerous objects, substances, or liquids.
As and when necessary, the Tilburg Orientation Program Foundation has the authority to prohibit or confiscate any specimens of the above-mentioned objects, substances, materials, or liquids.
5.4 TOP participants, TOP mentors, and TOP crew must comply with smoking bans in force on event sites.
5.5 During events, TOP mentors, TOP participants, and TOP crew must present a valid ID to persons and authorities referred to in the first paragraph to allow these persons and authorities to fulfill their legal obligations in the framework of events, including, but not limited to, monitoring compliance with the prohibition to serve and sell alcoholic beverages to persons under the age of eighteen. Once the Tilburg Orientation Program Foundation has issued a warning to an offender, the Tilburg Orientation Program Foundation has the authority to remover this offender from the site of the TOP event concerned.
5.6 TOP participants, TOP mentors, or TOP crew under the age of eighteen are not allowed to consume and/or buy alcoholic beverages. Once the Tilburg Orientation Program Foundation has issued a warning to an offender, the Tilburg Orientation Program Foundation has the authority to remove this offender from the site of the TOP event concerned.
5.7 TOP participants, TOP mentors, or TOP crew are not allowed to engage in promotional activities during events without explicit permission from the Tilburg Orientation Program Foundation, regardless of whether these activities be commercial or idealistic in character.
Article 6. Force Majeure
6.1 In the event of force majeure in the broadest sense of the word, including, but not limited to, sickness of or cancellation by an artist, non-performance of suppliers or suppliers failing to perform in a timely fashion, strikes, fires, weather conditions, authorized orders and instructions, etc., the Tilburg Orientation Program Foundation has the right to move the event entirely or specific activities to a later date or time or to cancel it altogether.
6.2 If due to or as a result of force majeure, the event as a whole or specific activity is canceled, TOP participants will not be offered any amount of reimbursement by the Tilburg Orientation Program Foundation. Neither can TOP participants claim access to a different event in replacement.
Article 7. Liability and Damage
7.1 The Tilburg Orientation Program Foundation is liable for immediate damage suffered by a TOP participant, TOP mentor, or TOP crew directly and exclusively caused by a breach attributable to the Tilburg Orientation Program Foundation. The Tilburg Orientation Program Foundation shall not in any way be liable for damage resulting from events or circumstances beyond its control. The only damage qualifying for compensation is damage against which the Tilburg Orientation Program Foundation is insured and which it is compensated for by the insurer.
7.2 TOP participants, TOP mentors, and TOP crew must see to it themselves that they have adequate accident and liability insurance.
Article 8. Intellectual Property Rights
8.1 The Tilburg Orientation Program Foundation hires a professional photographer and videographer during events. The photographs and recordings will be kept on file in the hard drive and in the Tilburg Orientation Program group on Dropbox for a maximum of ten years. Tilburg Orientation Program has adopted appropriate organizational and technical measures to safeguard the photographs and recordings against loss or any form of unlawful processing. The photographs and recordings may be used for Tilburg Orientation Program publications such as posters, flyers, the TOP website, an ‘after movie’, and social media. Persons involved can agree to the publication and dissemination for promotional purposes of photographs and recordings made of them on behalf of the Tilburg Orientation Program.
8.2 Unless explicit written permission has been given by the Tilburg Orientation Program Foundation, any commercial use of the brand name or the logo of TOP or its events is strictly forbidden.
Article 9. Concluding Provision
9.1 In case of any disputes arising between the Tilburg Orientation Program Foundation and TOP participants, TOP mentors, and/or TOP crew as a result of a TOP event, in first instance an attempt will be made to resolve them by consultation between the two parties. If the parties fail to resolve the conflict, the Supervisory Board of the TOP Foundation will give a binding ruling on the matter. In the third instance, disputes will be submitted for assessment to the competent court.
9.2 These Terms and Conditions are governed by Dutch law.
Adopted by the Board of the Tilburg Orientation Program Foundation on May 8, 2019.
This privacy statement concerns the way in which personal data are collected and how they are handled by the TOP Foundation, as well as the rights of providers of personal data. This privacy statement has been drawn up in accordance with the General Data Protection Regulation.
- Personal data
The TOP Foundation processes personal data based on contracts, permission, and legitimate interest. The TOP Foundation needs personal data to be able to provide its services to TOP participants, TOP mentors, and TOP crew in TOP Week. The personal data provided by participants and mentors creating a TOP account, or by TOP crew completing Google Forms is used for various purposes.
1.1 Providing information
The TOP Foundation sends participants, mentors, and TOP crew information regarding TOP Week by using the personal data provided in the TOP account.
1.2 Creating a WhatsApp group
On the weekend before the start of TOP Week, the TOP Foundation sends names and phone numbers of TOP participants to TOP mentors so mentors can create a WhatsApp group. Participants are informed of this when they create a TOP account.
1.3 Registration for events
The TOP Foundation uses personal data for the registration of participants, mentors, and TOP crew to provide access to the events during TOP Week. Creating groups of participants and mentors by means of personal data is also part of the registration process.
1.4 Payment system for events
Personal data are linked to a personal RFID chip that can be used during TOP Week to make payments. The RFID chip is part of a digital, cashless payment system that is used by the TOP Foundation. 1.5 The TOP Foundation makes audiovisual recordings during TOP activities for reporting and promotional purposes.
- Receivers of data
2.1 Tactile B.V.
Tactile B.V. is a company that facilitates the digital cashless payment system for the TOP Foundation. The TOP Foundation commissions Tactile B.V. to process the personal data van participants, mentors, and TOP crew based on a data processing agreement. Every participant, mentor, and crew member gets a personal account in a Tactile web application. Through the account in the web application, personal data are linked to a personal RFID chip, that can be used to make payments during TOP Week. Tactile destroys all data when the contract expires.
2.2 3WA Registration system
The personal data provided when creating a TOP account is automatically stored in the 3WA registration system. The TOP Foundation and the administrator of the TOP registration system have access to the personal data stored on the 3WA server.
The SendinBlue platform is used to provide participants and mentors with information via e-mail. SendinBlue has access to the first names and e-mail addresses of participants and mentors as soon as they are used for sending e-mails. Agreements have been set out on the use of the data in a data processing agreement with SendinBlue.
2.4 Study and student associations
The 3WA registration system included an option to participate in the introduction activities of study and student associations. If TOP participants explicitly indicate in the 3WA registration system the wish to participate in these activities, their personal data will be shared with the relevant study or student association. Furthermore, Magister JFT, the MAK Mentorship System, IDEA, and I*ESN will have access to the data of the mentors and participants relevant to them. These parties are responsible for the annual program after TOP Week.
- Storage period
Personal data will be stored in the registration system for a maximum period of five years after the TOP account is created. In this five-year period, there is the possibility that the TOP account is used by the participant or mentor to reregister.
The TOP Foundation does not make any physical copies of personal data. The data are only managed in above-mentioned systems.
The personal data and the applications managed by the TOP Foundation are adequately secured.
- Rights of the data subjects
a. Right to access
Participants, mentors, and TOP crew have the right to access their data stored by the TOP Foundation at all times, either by e-mail or through telephone contact. An overview of the stored data will be shared with the participant, mentor, or TOP crew member.
b. Right to rectification
If data are incorrect or have changed, the data subject has the right to have them rectified by the TOP Foundation.
c. Right to transfer
If the data subject switches to a different party or service, the data subject has the right to have his/her data stored by the TOP Foundation transferred. The TOP Foundation must transfer all data to the other party.
d. Right to have data removed
The data subject has the right, at all times, to have personal data removed.
e. Right to lodge a complaint
Data subjects have the right to lodge a complaint with the Dutch Data Protection Authority if he/she is of the opinion that the TOP Foundation has infringed his/her rights under the Regulation.
f. Right to stop the data processing (objection)
Data subject have the right to ask the TOP Foundation to stop using their personal data.
The TOP Foundation will never share personal data with third parties other than for the purposes referred to in this privacy statement. The required data are the minimum data required for the provision of services by the TOP Foundation. If these required data are not provided, the TOP Foundation cannot offer its services.
The TOP Foundation reserves the right to share data if it is legally bound to do so or if the TOP Foundation considers it justified to do so to meet a legal request or to protect the rights, property, or security of the TOP Foundation. In doing so, the TOP Foundation will always try to respect the right to privacy of TOP participants, TOP mentors, and TOP crew as much as possible.
Adopted by the Board of the Tilburg Orientation Program Foundation on May 8, 2019.