Stichting Tilburg Orientation Program

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Terms and conditions for TOP participants, TOP mentors and TOP volunteers*

Terms and Conditions

Article 1. Identity of the Foundation

Tilburg Orientation Program (TOP) Foundation

Chamber of Commerce no. 41096095

Warandelaan 2, Esplanade Building 202, 5037 AB Tilburg

Telephone: 013 466 28 49

E-mail: top@tilburguniversity.edu

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 (Winter) 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 students, who supervise TOP participants designated as such by the Tilburg Orientation Program Foundation during TOP (Winter) 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 Winter Week and who no longer want to take part must sign themselves out. If they do so before January 1, 2024, participants will be reimbursed in full. If they sign out between January 1 and January 15, 2024, half the registration fee will be reimbursed. If participants sign out after January, 2024, they are no longer entitled to reimbursement of the registration fee.?

3.3 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 1, 2024, participants will be reimbursed in full. If they sign out between August 1 and August 6, 2024, half the registration fee will be reimbursed. If participants sign out after August 6, 2024, they are no longer entitled to reimbursement of the registration fee.?

Article 4. Admission

4.1 All sorts of admission tickets are not refundable.

4.2 It is expected of participants, TOP Mentors and TOP Crew that they are at every point in time able to identify themselves by means of a valid identity card.

4.3 Entitlement to admission to an event is cancelled if it is established by or on behalf of the Tilburg Orientation Program Foundation that the maximum capacity of the venue has been reached.

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 participants, TOP Mentors and TOP Crew agree to being frisked on entering the event sites if security personnel deems this necessary.

5.3 TOP participants, TOP Mentors, and TOP Crew are not allowed to bring the following onto the event site:

Alcoholic beverages
Foodstuffs
Glassware
Drugs
Fireworks
(fire)Arms
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 participants, TOP Mentors 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 The Tilburg Orientation Program has a zero-tolerance drug policy. It is not allowed to use or carry drugs. Entry will be refused if there is a suspicion of any drug use. Your TOP wristband may be taken away if you break any of these rules.

5.8 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.

5.9 TOP participants, TOP Mentors and TOP Crew are required to abide by the house rules, which have been established by the Tilburg Orientation Program. These rules can be found on the TOP Week website.

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 activities are cancelled, 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 ‘aftermovie’, 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 the 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 October 31, 2023.

Privacy statement

Privacy statement

This privacy statement states how the Tilburg Orientation Program (TOP) Foundation collects personal data, the purposes for which these personal data are processed, and how the data are handled. It also contains all the rights of providers of personal data. This privacy statement has been formulated in conformity with the EU’s General Data Protection Regulation.?

1. 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 participants, TOP Mentors, and TOP Crew in and before TOP Winter Week. The personal data provided by participants and TOP Mentors creating a TOP account, or by TOP Crew completing a digital registration form is used for various purposes.

1.1 Providing information

The TOP Foundation sends participants, TOP Mentors, and TOP Crew information regarding TOP (Winter) Week by using the personal data provided in the TOP account.

1.2 Creating a WhatsApp group

In the weekend before the start of TOP (Winter) Week, the TOP Foundation sends names and phone numbers of 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 (Winter) 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. The cashless payment system isn't used during TOP Winter Week, so no personal data is linked to a RFID chip during TOP Winter Week.

1.5 The TOP Foundation makes audiovisual recordings during TOP activities for reporting and promotional purposes.

2. Receivers of data

2.1 Tactile B.V.

Tactile B.V. is a company that facilitates the Introcloud application for the TOP Foundation. The TOP Foundation commissions Tactile B.V. to process the personal data of participants, TOP Mentors, and TOP Crew based on a data processing agreement. Every participant, TOP Mentor, and TOP Crew member gets a personal account in the Introcloud web application. Tactile destroys all data after three months from the end of the event. These three months are in the best interest of the participant or mentor, for getting back the money put on their account.

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 data stored in 3WA is divided into three categories: personal data, addresses and places of residence, and registrations with products are kept for seven years due to the fiscal retention obligation in accordance with Dutch legislation. Account details, email addresses, and educational information are retained for three years. This is to keep participants informed of future events and for better organization of the TOP-week. Sensitive data, such as medical information and products without prices (nutrition information, clothing sizes, etc.), are deleted after 3 months to protect the privacy of participants and mentors.

2.3 Brevo

The Brevo platform is used to provide participants and TOP Mentors with information via e-mail. Brevo has access to the first names and e-mail addresses of participants and TOP 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 Brevo.

2.4 Tilburg University

The TOP Foundation and the Marketing and Communication department of Tilburg University send e-mails to new students to promote TOP (Winter) Week and to recruit participants. To prevent that students who already registered for TOP (Winter) Week receive these e-mails, the TOP Foundation sends a list of all registrations to the Marketing and Communication department of Tilburg University.

2.5 Study and student associations

The 3WA registration system included an option to get more information about study associations and student associations via the TOP Foundation. If TOP participants explicitly indicate in the 3WA registration system the wish to get more information, their personal data will be shared with the relevant parties. Furthermore, ESN Tilburg, Magister JFT, the MAK Mentorship System and IDEA will have access to the data of the mentors and participants relevant to them. These parties are responsible for the follow-up program after TOP (Winter) Week.

3. Storage period

TOP will not store any personal data for longer than is necessary for the purposes for which the personal data are processed or for compliance with a legal obligation. Personal data such as dietary requirements and clothing sizes, that are not essential for the organization of future editions of TOP Week, will be removed from the system after a period of two months. Other general personal data that are necessary with respect to new editions of TOP Week, will be stored for a maximum of three years in the 3WA registration system in which the TOP account is created. The system is necessary to ensure that TOP Week can be organized in a way that best accommodates the participants. Storing the data for these three years enables the TOP account to be used for future registration as a participant or mentor. Finally, financial records are kept for seven years in accordance with the legal tax retention obligation.

4. Security

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.

5. Rights of the data subjects

5.1 Right to access

Participants, TOP 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, TOP Mentor, or TOP Crew member.

5.2 Right to rectification

If data are incorrect or have changed, the data subject has the right to have them rectified by the TOP Foundation.

5.3 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.

5.4 Right to have data removed

The data subject has the right, at all times, to have personal data removed.

5.5 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.

5.6 Right to stop the data processing (objection)

Data subject have the right to ask the TOP Foundation to stop using their personal data.

6. Duties

6.1 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.

6.2 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 February 26, 2024.

I acknowledge that I have read and agree to the above terms and conditions

Statement of consent*

The undersigned agrees to the use of photographs and recordings taken of himself or herself by order of Tilburg Orientation Program for the benefit of publications of a promotional nature. The undersigned has a right to withdraw consent at any time. The undersigned has the right to request the photographer and videographer to not take pictures and recordings of himself or herself, and has the right to request deletion of pictures or recordings at any time. To request deletion of personal photographs and/or recordings, please send an email to top@tilburguniversity.edu.

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Explanation

Please enter all your data at the left as accurate as possible.

You need a username and password to log in to our website and also to modify your data.

Please note: Your mobile number will be shared with your TOP mentors the weekend before TOP Week, so they can contact you to arrange practical matters.

You can find your student number in the e-mail that you received from Studielink, after your application for your study program. For Tilburg University students, the topic of this e-mail is ‘Your Studielink registration at Tilburg University’ . This number always contains 6 or 7 digits. In case you are having difficulty retrieving this number, you can always contact the Tilburg University student desk via tilburguniversity.edu/students/studentdesk. Students who study at one of the Institutions of Higher Education (Fontys/Avans) have to fill in their student number, which they received from their School.

If anything should happen to you during TOP Week, we will use the information you supplied at ‘In case of emergency’ to inform your relatives.