General Conditions, Race Regulations & Privacy Policy

Run in the Sun- KLM Curacao Scheveningen Beach Run INDIVIDUAL PARTICIPATION

·       Article 1 Definitions 1. In these general conditions the following terms are understood: a Event: a running competition, which forms part of the Run in the Sun- KLM Curacao Sheveningen Beach Run- event, which is organized in any given year by the Organizers. b Participant: the actual person, not acting as an entrepreneur, who has entered to take part in the Event, in a manner permitted by the Organizer. c Agreement: the agreement relating to participant’s participation in the Event. d Organizer: Foundation Run in the Sun 2. These general conditions are applicable to every Agreement.

·       Article 2 Participation 1. Participation in the Event is only possible for an individual who has reached at least the minimum age set by the Organizer. 2. The participant may only take part in the Event provided he has filled in the entry form pertaining to the Event completely and truthfully, provided the entry fee is paid in full and provided the participant agrees with the general conditions. 3. The Participant will personally take part in the Event. It is therefore not possible to allow another person to take the place of the Participant in the Event. 4. Transfer of an Agreement for the ‘5km or 10 km ’ element to a third party is not possible. 5. If, for the element ‘5km or 10 km’, the Participant is unable to take part in the Event, the entry fee paid including other payments will only be refunded, after a deduction of  Euro 5,00 administration fee, if the Organizer has been advised at least two months before the Event. After this period no refund will take place of entry fee and other payments. No refund of entry fee or other payments will be made in case the Participant is unable to take part in any other element other than the ‘marathon’. Changing from the element for which one has registered to another will also result in the entry fee and other payments not being refunded. 6. The Organizer can decide to cancel the Event on grounds of exceptional circumstances (including national mourning in Curacao or the Netherlands). Under no circumstances will expenses, costs and so forth be refunded or reimbursed. 7. The Organizer can, under exceptional circumstances, decide to end prematurely, postpone or neutralize the Event. The Organizer can also, under exceptional circumstances, decide to change the route or the distance. In such cases no refund will be made. The final two complete sentences from paragraph 6 are also applicable here. 8. A decision by the Organizer to prevent the Event from taking place does not give rise to reimbursement for costs incurred by the Participant.

·       Article 3 Liability 1. Participation is at own risk. The Organizer is not liable for any damage whatsoever, which the Participant may suffer as a result of Participation, unless this damage is a direct result of the Organizer’s willful or gross neglect. This exclusion of liability also applies to damages of a severe nature, such as all possible losses as a result of injury or death. 2. If, notwithstanding what is stated in the first paragraph of this article, the Organizer’s liability for damage caused to the Participant must be assumed, the obligation of the Organizer to compensate for such damages is limited to the maximum amount that the insurer of the Organizer will pay in respect of those damages. 3. The Participant must be adequately insured against the risk of loss, which he or a next of kin may suffer as a result of his death, injury or illness caused by his participation in the Event. 4. The Participant declares he is aware of the fact that participation requires both mental and physical fitness and declares that he meets this requirement and that he is sufficiently prepared, by training and in other ways, for the Event. The Organizer advises the Participant, explicitly and expressly, to undergo a (sports) medical examination in connection with his participation in the Event. 5. The Participant shall indemnify the Organizer for damages, which third parties may suffer as a result of the Participant’s actions or negligence relating to the Event. The Participant shall be adequately insured against the risk of liability for such loss. 6. Sponsors of the Event and the municipality (ies) in which the Event takes place are on the same footing as the Promoter, excluded from liability.

·       Article 4 Privacy the Participant gives advance permission to the Organizer for making public, during or around the time of the Event, photographs, images and such material, wherein the Participant is recognizable. Article 5 Personal data The Organizer will store all personal data given by the Participating Company or a Participant in a database. By entering into the Agreement, the Participant grants authority to the Organizer to use the personal data to send information to the Participant and for providing data to third parties for the purpose of sending information to the Participant. The Participant may at any time without charge, in writing or by e-mail indicate their objection to receiving information from the Organizer or to the transfer of personal data to third parties. The Organizer will then cease to send information and/or cease to transfer personal data to third parties. The Participant grants, by entering into the Agreement, authority to the Organizer to publish his name and race results, e.g. through publication in newspapers and on the Internet.

·       Article 6 Disputes Disputes between the Organizer and the Participant will exclude the civil courts and will be settled by arbitration in accordance with the Arbitration Rules of the Athletic Union or, failing that, the rules of the Dutch Arbitration Institute. A dispute is deemed to exist if one of the two parties’ states that this is the case.

·       Article 7 Competition rules the competition rules of the Run in the Sun-KLM Curacao Marathon which form part of these general conditions, are applicable to participation by the Participant in the Event.

Race regulations

·       A. Application the contest regulations of the International Amateur Athletic Federation (IAAF) shall apply except if at variance with the contest regulations of the (beach run) organisation and these general conditions.

·       B. Assignment of categories the organizer assigns a category to the Entrant on the basis of sex and age on the day of the Event. Before the Event the Entrant shall verify whether the category assigned to him by the Organizer is correct. The Organizer is not liable for the consequences of an incorrect category assigned.

·       C. Prizes Each Entrant who will reach the finish in time, will receive time registration, online results, an Amstel Bright and an event T-shirt (The Brunch/ BBQ and Running Shirt are extra options)

·       D. Determination of the result the organizer shall determine the result and is entitled to change the result after irregularities have been found.

·       E. Manner of movement All Entrants shall run following a course set by the Organizer in a manner appropriate for this type of athletics.

·       F. Starting position The Organizer will allocate a starting section to an Entrant.

·       G. Starting numbers The Entrant will receive from the Organizer one piece of textile showing the starting number allocated to him. The Entrant shall fix the starting number on his chest with the aid of safety pins distributed by the Organizer. The piece of textile shall be fixed and worn in such a way that the starting number, bar code and other information thereon will be properly visible. They may not be cut or folded. The Entrant may not wear starting numbers other than those provided by the Organizer. The Entrant is advised to mention any medical information on the inside of the starting number on his back. The Organizer will collect the starting numbers of Entrants who have been disqualified or have withdrawn or stopped participating.

·       H. Time records The Organizer ascertains the finishing time and the intervals of the Entrant. Such ascertainment shall be binding. The times will be recorded through the MYLAPS BibTag. The Organizer can only record the Entrants times if he/she will wear a MYLAPS BibTag in the proper manner. The Entrant receives a MYLAPS BibTag from the Organizer.

·       I. Deadline / last runner. Any Entrant who will not have reached or passed a certain point at a certain point of time, will be withdrawn from the Event by the Organizer. The decision of the arbiter so appointed by the Organizer as to whether an Entrant has passed a certain point in time, shall be binding. Any Entrants who will pass the finish and have thereby exceeded the duration set by the Organizer, will not be counted in determining the results of the contest.

·       J. Disqualification / withdrawal from the contest The Organizer is entitled to disqualify and / or withdraw an Entrant from the contest if he does not adhere to these contest regulations or if such is deemed necessary for medical reasons or in connection with the orderly progress of the Event.

·       K. Instructions by contest management Entrants shall follow the instructions given by the Organizer or persons apparently belonging to the organization of the Organizer, considering their dress or other external features.

·       L. Other provisions: The Entrant may not accept any aid (drinks, food, sponge, etc.) from anybody other than a post so equipped and manned by the Organizer. The Entrant is not allowed to let himself be guided on the course, irrespective of the purpose and any person. Bringing such objects as (domestic) animals, perambulators, banners etc. is not allowed. It is not possible to leave clothes in the start area. For that reason, the Entrants are advised to arrive in the start area while dressed to run. The Organizer does not accept any liability for lost clothing or other properties of Entrants. This also applies to any matters left behind in the dressing accommodation made available by the Organizer. The Entrant should note that this accommodation will not be guarded by the Organizer. The Entrant is expected not to damage other persons properties and not to leave any litter behind.

Privacy policy
Foundation Run in the Sun respects your privacy and ensures that your personal data are handled with due care. Below is an explanation regarding all of Foundation Run in the Sun’s websites (including sporthive.com, sporthive.mylaps.com, inschrijven.nl, uitslagen.nl– the “Websites”), the related mobile applications (the “Apps”) and the products linked to those Apps and Websites (the “Products”) that use cookies and how we handle the personal data that we receive from you via the Websites, Apps or Products. Your details are not shared with third parties without your consent and you yourself may decide what data you do or do not wish to share online.

Article 1 – How do we collect your personal data?
Foundation Run in the Sun collects your personal data in the following situations, among others, but not limited to: when you visit one of the Websites; when you use one of the Apps; when you use one of the Products that allow the collection of data from you; when you contact Foundation Run in the Sun e.g. by email, using a contact form or by telephone; when you register for the digital newsletter; when you place an order via the webshop (if applicable) on the Websites; when you open or use an account via the Websites or Apps; when you take part in a public forum on the Websites or via the Apps (a “Community”).

Article 2 – What personal data do we collect?
Visit to Websites, use of Apps or use of Products
When you visit the Websites or use the Apps, our servers automatically store information, such as your URL, IP address, browser type and language and device type, and the date and time of the visit. If you use one or more Products (of Foundation Run in the Sun) it is possible that those Products register data on you, depending on the type of Product that you use. It is possible, for instance, that a Product measures your heart rate (if it contains a heart rate monitor) or measures your location and speed (if it contains GPS). When you load this data into the linked Apps or Websites of Foundation Run in the Sun, this data is sent to and stored on Foundation Run in the Sun servers.

Contact with Foundation Run in the Sun
When you contact Foundation Run in the Sun, for instance with a request for information, Foundation Run in the Sun saves the personal data that you provide on that occasion provided your request has been handled adequately.

Photographs and selfies
Some of our Apps and Websites offer the possibility of taking photographs and/or selfies. Foundation Run in the Sun stores these photographic images in a file. By using our Apps or Websites to make any photographic image, you agree to the processing and handling of your photograph by Foundation Run in the Sun.

Article 3 – Purposes of data processing
Visit to Websites
General visit data and click behavior are monitored on the Websites for the following reasons; to allow us to optimize the layout of the Websites, to improve the provision of information, and to combat fraud. During the use of the Websites cookies, are placed on your computer, smartphone or tablet; see e.g. Article 4 for further information on the use of cookies by Foundation Run in the Sun.
Contact with Foundation Run in the Sun
If you present a request for information to Foundation Run in the Sun, Foundation Run in the Sun processes the personal data provided for that purpose to comply with that request and to answer your questions.

Orders/Registration
In order to process an order/your registration, Foundation Run in the Sun uses the personal data in your account for the following purposes: the acceptance of your order/registration; the handling of your order/registration and the shipment of the product; to keep you informed of the status of your order; payment and invoicing; and handling of any questions and complaints.

Newsletters
If you have stated your email address and agreed with our general terms and conditions, you are registered for our newsletter. You may unsubscribe from the newsletter at any time by clicking the unsubscribe button at the bottom of the newsletter or by sending Foundation Run in the Sun an email.

Live Tracking
During a sports event, technology may be deployed that makes it possible to determine your location at any time (live tracking) by receiving GPS signals from your device and/or from transponder (aka chip or tag worn by you) which is active in the course during the event. We may record that information in a file and publish it on our Websites, via social media and via the Apps (Event App). Spectators of the event (such as family and friends) can then track your exact location in real time. You can switch off Live Tracking at any time via your account (settings).

Photographs and selfies
Foundation Run in the Sun may publish and multiply the photographs and selfies that you take using the Apps or Websites to promote and market certain events and to report to spectators, sponsors and other parties interested in the event.
Other purposes for which personal data may be used
We may also use the personal data with which you provide us via the Websites or the Apps for the following purposes: to perform agreements between you and; to analyze, develop and improve the Websites and to Foundation Run in the Sun’s products; to comply with statutory obligations; and to secure the Websites and the Apps and to combat fraud and abuse of the Websites or Apps.

Article 4 – Use of cookies
What are cookies? To uses cookies and similar techniques. Cookies are small text files that are generated and stored on your computer, tablet or smartphone when you use the Websites. Techniques that are similar to cookies include beacons and scripts.

Types of cookies
Functional cookies to uses functional and analytical cookies. It also uses marketing cookies and social and external cookies. It is explained below what those cookies are and how we use them.
The functional cookies ensure that the Websites function properly, for instance by keeping you logged in to your account (without having to re-enter your login data), remembering what products are in your shopping basket and calculating the correct amount on checkout.
Analytical cookies
We use analytical cookies to analyze what you buy, when you do so and in what quantity, or which pages of the Websites you visit at what time. That allows us, among other things, to ensure that the right products are in stock at the right time and to ensure that optimal use can be made of the Websites.
Marketing/tracking cookies
We use marketing/tracking cookies to show you the products and advertisements that are relevant to you, on the basis of products that you have viewed.
Social and external cookies
You can also find links on our Websites to social media, such as Facebook, Twitter and Instagram. To ensure that those links function properly, cookies of those social media parties are used, to ensure that they recognize you when you wish to share information on our Websites.
Refusal of cookies
You yourself can decide whether you wish to accept cookies or whether you want your browser to notify you when a cookie is installed. In that case you must change the settings of your browser. Every browser is different; you will have to consult the manual of your browser to determine how that can be done in your browser. You can also remove cookies installed from your computer, tablet or smartphone at any time.

Article 5 – Security
Foundation Run in the Sun applies a security level to the processing of the personal data that suffices, within the possibilities of current technology, to avoid unauthorized access, alteration, publication or loss of your personal data.
The security of your personal data is dependent on your account data (username and password) being kept secret. You yourself must arrange for that by handling your account data with due care and never making them available to a third party.

Article 6 – Right of inspection and removal
You may at any time apply for your data at Foundation Run in the Sun or request Foundation Run in the Sun to change or remove them, via info@curacaomarathon.com. Foundation Run in the Sun may be required by law to keep certain personal data. Foundation Run in the Sun cannot remove or update those personal data at your request. Please bear in mind that, after we update or remove your data at your request, those data may be present in our backups for some time until those backups are also deleted. Foundation Run in the Sun sometimes processes personal data at the instruction of its customers. Foundation Run in the Sun has no control over the personal data processed by Foundation Run in the Sun’s customers themselves. Foundation Run in the Sun therefore cannot change any competition results and other data on the website of an event in which you have taken part. You may contact the organizer of the event with a request to inspect, update or correct those data.

Article 7 – Third parties
We do not pass on your personal data to a third party without your consent, unless: the performance of the agreement between you and Foundation Run in the Sun so requires, for instance due to the payment for or delivery of the products you have ordered; Foundation Run in the Sun is required by law or in an emergency to pass on your personal data to public authorities; or if a reorganization or a transfer of business activities takes place at Foundation Run in the Sun as a result of which Foundation Run in the Sun is required to hand over personal data to another organization.

Article 8 – Determine what you do and do not wish to share with others
Your account can be used in Foundation Run in the Sun’s various sports communities. You yourself can state which data may or may not be visible to others (your coach, friends or other users) who also use the sports community in question. In the standard setting other parties have access to your username, photograph and competition data. Only your coach and the other users (friends) that you have accepted have access to your training data and health measurements; other third parties do not have access to those data in the standard setting.

Article 9 – Third-party privacy policies
If you share your data via the Websites and Apps with third-party websites or apps (e.g. the public sharing of information via social media), those data are made available to those third parties. Foundation Run in the Sun’s privacy policy does not apply to websites or apps of third parties, also not if Foundation Run in the Sun has placed a hyperlink to that other website on its Websites or in its Apps. Foundation Run in the Sun accepts no responsibility or liability for the manner in which such third parties handle personal data and cookies. We advise you to take note of the privacy policies and cookie policies of such websites before visiting them.

Article 10 – Contact with Foundation Run in the Sun
If you have any questions regarding this privacy policy, please contact Foundation Run in the Sun. Our contact data are: Foundation Run in the Sun, Jan van Nassaustraat 93a, 2596BR DEN HAAG, The Netherlands; info@curacaomarathon.com
The name “Foundation Run in the Sun” as used in this privacy policy means the entire Foundation Run in the Sun group: Foundation Run in the Sun Curacao; Foundation Run in the Sun Aruba and Stichting Run in the Sun The Netherlands

Article 10 – Amendments
This privacy policy may be amended at any time. We recommend that you take note of the privacy policy on the Websites or via the Apps before entering any new personal data.