Participation Conditions of the EVONIK Football Academy

§ 1 Scope

BVB Fußballakademie GmbH, Rheinlanddamm 207-209, 44137 Dortmund, represented by the managing directors Carsten Cramer and Benedikt Scholz, telephone number 0231-90200, fax: 0231-90204105, email address [email protected] (hereinafter referred to as "BVB"), operates the BVB Evonik Football Academy. The BVB Evonik Football Academy offers various events (hereinafter referred to as "events") for children, adolescents, and adults, in particular, but not exclusively, football training and football courses. These terms and conditions apply to all events of the BVB Evonik Football Academy. The individual events and their procedures as well as their prices can be viewed on www.bvb.de/fussballakademie or linked there.

§ 2 Conclusion of Contract

(1) By presenting and advertising events of the BVB Evonik Football Academy on the website, print media (e.g., flyers), BVB does not make a binding offer to conclude a contract. By listing the course offerings and vouchers in the BVB's online shop, BVB makes a binding offer to conclude a purchase contract for these items.

(2) "The booking of events of the BVB Evonik Football Academy for minors participating in these events is exclusively made by the legal representatives of the minor participant. The booking of events of the BVB Evonik Football Academy for participating adults is made by the participating adult person. Both the legal representatives of the minor participating person and the participating adult person are hereinafter referred to as 'participants'."

(3) Participants can select events of the BVB Evonik Football Academy from those listed on www.bvb.de/fussballakademie. By clicking the "book now" button, the selected event is collected in a so-called shopping cart. Other products from the BVB assortment can also be selected and collected in the shopping cart by clicking the "add to cart" button. Before clicking the "order with obligation to pay" button, all events and, if applicable, products selected by the participant, including the total price, are displayed again in an order overview. Before submitting the order, the participant can change the data displayed in the order overview at any time. By clicking the "order with obligation to pay" button, the participant accepts the terms and conditions of the football academy and the terms and conditions of the online shop, as well as the contract terms, and accepts our offer to conclude a purchase contract for the items in the shopping cart. The purchase contract is thus concluded by clicking the "order with obligation to pay" button.

(4) BVB then sends an automatic order confirmation by email, which lists the order and the payment modalities again and which the participant can print out using the "print" function. The automatic booking confirmation includes the order overview and, as an attachment, the general terms and conditions. At the latest one week before the start of the event, all relevant information for participating in the event will be sent by email.

(5) The conclusion of the contract takes place in German.

§ 3 Payment for the Booked Event

(1) Payment for the booked event must be made immediately after receipt of the booking confirmation from BVB. The full payment of the fee for the booked event must be made no later than two weeks before the start of the event and is a prerequisite for participation in the respective event. If the registration is made after this deadline, the fee must be paid within 5 days, but no later than before the start of the event.

(2) Payment Methods

1. Payments can be made by accepted credit cards (VISA, Mastercard, American Express), or PayPal.

2. The selection of the available payment methods is at our discretion. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only PayPal.

3. Orders placed without prior registration (guest orders) can only be paid by credit card or PayPal.

4. Payment by credit card is made by entering the credit card number, expiration date, and, if applicable, CVC number in the corresponding input fields of the order dialogue. We use the Secure Socket Layer (SSL) encryption method, which currently corresponds to the highest security standards on the Internet. Once you have entered your data for payment and clicked on the confirmation button, your details will be encrypted and transmitted. They are thus protected from external access.

5. When paying via PayPal, you have the option to make payments with MasterCard, VISA, American Express, or your bank account. You have two options:

   i. You have a PayPal account: If you have selected PayPal as the payment method in our order dialogue, you will automatically be directed to the PayPal login page after clicking the "order with obligation to pay" button. Log in with your PayPal account credentials and complete the payment.

   ii. You do not have a PayPal account: In the PayPal payment dialogue, the message "You do not have a PayPal account yet?" appears. There you will find the further link "Continue". Click on this link to subsequently select your payment method as a guest. Here too, you have the choice between MasterCard, VISA, American Express, and your bank account. The advantage: you do not need to register with PayPal.

§ 4 Non-Appearance of the Participating Person and Withdrawal from the Contract for the Provision of an Event

(1) Withdrawal from the contract for the provision of the booked event of the BVB Evonik Football Academy is possible at any time. The withdrawal must be made in writing (§ 126b BGB) to BVB. The decisive factor for the time of withdrawal is the receipt of the withdrawal declaration by BVB.

(2) If the participating person does not attend the event without a written withdrawal declaration being received by BVB beforehand, this shall be deemed as a withdrawal from the contract declared on the first day of the event. If participation is discontinued after the start of the event, for whatever reason, there is no entitlement to a refund of the participation fee.

(3) In the event of withdrawal, the following withdrawal fees are due to BVB:

a) Withdrawal declaration accompanied by a medical certificate for health reasons of the participating persons that arose only after the conclusion of the contract for the provision of an event by the BVB Evonik Football Academy:

aa) Upon receipt of the withdrawal declaration along with a medical certificate within the period from the start of the booked event until the 20th day before the start of the booked event: 25% withdrawal fees of the contractually agreed fee for the booked event.

bb) Upon receipt of the withdrawal declaration along with a medical certificate within the period from the 20th day before the start of the booked event until the start of the booked event: 35% of the contractually agreed fee for the booked event plus the costs incurred by BVB, such as a personalized jersey for the participating person.

cc) In the event of cancellation of the matchday course for health reasons, there is no entitlement to the ticket service.

dd) In the event of the course being terminated due to health reasons, there is no entitlement to a partial refund of the course fee.

b) Withdrawal for other reasons, i.e., reasons not related to illness:

aa) Receipt of the withdrawal declaration by BVB up to the 21st day before the start of the booked event: 35% of the contractually agreed fee for the booked event.

bb) Receipt of the withdrawal declaration between the 20th day before the start of the booked event and the start of the booked event: 50% of the contractually agreed fee for the booked event plus the costs incurred by BVB for the printed training shirt or booked additional options of the participating person.

cc) In the event of cancellation of the matchday course for other reasons, there is no entitlement to the ticket service.

dd) In the event of the course being terminated for health reasons, there is no entitlement to a partial refund of the course fee.

(4) The participating adult person as well as the legal representative of the participating minor person are permitted to provide evidence that BVB has incurred or will incur lower damages than the cancellation fees in § 4 (3).

§ 5 Rescheduling, Cancellation, Modification of the Event

(1) BVB is entitled to cancel and/or terminate individual or several training sessions of the respective event of the BVB Evonik Football Academy or parts thereof in the presence of objective necessities, such as persistent rainfall, storms, contagious diseases affecting several participants, and/or unplayability of the training ground. This also applies if the minimum number of participants for the booked event is not reached or in the event of the sudden absence of the trainer who conducts the booked event.

(2) In the event of the cancellation of individual parts or the entire event, BVB has the right to offer the participant an alternative service along with the notification of the cancellation. If BVB offers such an alternative service, the participant has the opportunity to accept this alternative service in writing to BVB within 7 days of receiving the notification of the cancellation and the offer of an alternative service. If the participant does not accept the alternative service within the aforementioned period, BVB will promptly refund the paid participation fee to the participant, minus the remuneration for services already provided by BVB. Participants will be informed about the cancellation of individual parts or the entire event, as well as any alternative service offered by BVB, by email.

(3) In the event that BVB is unable to provide the contracted service due to force majeure (e.g., severe weather), BVB is completely relieved of its obligation to perform for the duration of the hindrance. If BVB is unable to provide its services due to force majeure for more than one month, the participant is entitled to withdraw from the contract. Participants will be informed about rescheduling and cancellations via email.

§ 6 Supervision and Health and Liability Insurance, as well as Medical Care of the Participating Person and Obligations of the Legal Representatives of the Participating Person

(1) In the case of participating minors, the legal representatives of the participating minor person are obligated to ensure that the participating minor person follows the instructions of the trainers, supervisors, and accompanying persons of the BVB Evonik Football Academy. In the case of participating adults, the participating adult person is required to follow the instructions of the trainers, supervisors, and accompanying persons of the BVB Evonik Football Academy. In the event of repeated or gross violations, especially in the case of criminally relevant actions, racist or xenophobic remarks or behaviors, repeated or gross violations of the event rules, as well as alcohol or drug consumption, BVB is entitled to exclude the participating person from the booked event. If a participating minor person is excluded, the legal representatives of the participating minor person are obliged to pick up the minor person. In the event of exclusion, there will be no refund of the contractually agreed fee, not even partial. Furthermore, the BVB Evonik Football Academy reserves the right to exclude the excluded participating person from future events of the BVB Evonik Football Academy for an indefinite period.

(2) For BVB, there is a duty of care for participating minors from the beginning to the end of each booked event. In particular, the legal representatives are responsible for supervision during the journey to and from the booked event.

(3) Participants are required to provide evidence of comprehensive health insurance and liability insurance for the booked event in writing upon request from BVB immediately before the start of the booked event. Insurance coverage is a prerequisite for participation.

(4) When submitting the application for conclusion of a contract for the performance of an event, at the conclusion of this contract, the participant is obliged to inform BVB whether the participating minor person is fully capable of sports and physically healthy, whether there is a food allergy or mental impairment, and whether the participating minor person is suffering from a contagious disease, whether the participating minor person has a valid vaccination protection against tetanus until the end of the booked event and must take medication, and whether there is medication intolerance. When submitting the application for conclusion of a contract for the performance of an event, at the conclusion of this contract, the participant as a participating adult person is obliged to inform BVB whether he/she is fully capable of sports and physically healthy, whether there is a food allergy or mental impairment, and whether he/she is suffering from a contagious disease, whether he/she has a valid vaccination protection against tetanus until the end of the booked event and must take medication, and whether there is medication intolerance. If limitations to the sports capacity of the participating minor person or participating adult person and/or a physical illness and/or a contagious disease in the participating minor person or participating adult person occur for the first time only after submitting the application for conclusion of a contract for the performance of an event or if the participating minor person or participating adult person must take medication for the first time or experiences medication intolerance for the first time after the aforementioned application, the participant is obliged to inform BVB immediately in writing.

§ 7 Liability of BVB

BVB shall not be liable for valuables brought by the participating person or their legal representatives, in particular for damage or theft.

§ 8 Data Protection

(1) With regard to the processing of data of the participating minor and their legal representatives, reference is made to the data protection notices of the BVB Evonik Football Academy.

(2) The controller within the meaning of the European General Data Protection Regulation is:

BVB Football Academy GmbH
Rheinlanddamm 207-209
44137 Dortmund
Germany
Phone: +49 (0) 231-90200
Email: [email protected]
Website: www.bvb.de

§ 9 Recht am eigenen Bild und der eigenen Stimme sowie am gesprochenen Wort

(1) Die gesetzlichen Vertreter der teilnehmenden minderjährigen Person erklären sich mit der Abgabe des Antrags zum Abschluss eines Vertrags auf Erbringung bzw. Durchführung einer Veranstaltung unentgeltlich damit einverstanden, dass die im Zusammenhang mit dieser Veranstaltung angefertigten Fotos, Filmaufnahmen sowie Interviews des Teilnehmers  und alle sonstigen gesprochenen Worte der während der Veranstaltung vom BVB zu Werbezwecken bzw. Werbemaßnahmen in Rundfunk, Fernsehen (insbesondere, aber nicht nur im BVB TV), Printmedien, Bücher, Plakate, fotomechanische Vervielfältigungen und im Internet sowie auf Flyern veröffentlicht, vervielfältigt und bearbeitet werden.

(2) Die Teilnehmer erklären sich mit der Abgabe des Antrags zum Abschluss eines Vertrages auf Erbringung bzw. Durchführung einer Veranstaltung für sich selbst als volljährige teilnehmende Person unentgeltlich damit einverstanden, dass die im Zusammenhang mit dieser Veranstaltung angefertigten Fotos, Filmaufnahmen sowie Interviews der teilnehmenden volljährigen Person und alle sonstigen. gesprochenen Worte der volljährigen teilnehmenden Person während der Veranstaltung vom BVB zu Werbezwecken bzw. Werbemaßnahmen in Rundfunk, Fernsehen (insbesondere, aber nicht nur im BVB TV), Printmedien, Bücher, Plakate, fotomechanische Vervielfältigungen und im Internet sowie auf Flyern veröffentlicht, vervielfältigt und bearbeitet w

(1) Es gilt deutsches Recht unter Ausschluss des UN-Kaufrechts.

(2) Sollten einzelne Bestimmungen dieser AGB ganz oder teilweise unwirksam, undurchführbar oder nicht durchsetzbar sein oder werden, so wird dadurch die Gültigkeit der übrigen vertraglichen Bestimmungen nicht berührt.

Stand 11/2023

I. General Information on Data Processing

Protecting your personal data is of utmost importance to us. We primarily process your data to ensure functional, convenient registration and communication processes for the events offered by BVB EVONIK Football Academy in the context of youth development. We collect health data as part of our duty of care. Regardless of the specific information provided here, you can find the general data protection policy of the corporation at https://www.bvb.de/en/privacy-policy/website-bvb.de. The basic handling of newsletters, technical data protection & social media, or any other IT contact is extensively outlined at https://www.bvb.de/en/privacy-policy/BVB-Social-Media, with guidance provided for each contact.

II. Name and Address of the Controller

The controller within the meaning of the European General Data Protection Regulation is
BVB Fußballakademie GmbH
Rheinlanddamm 207-209
44137 Dortmund
Germany
Phone.: 02 31 - 90 20 0
Mail: [email protected]  
Website: www.bvb.de

III. Contact Details of the Data Protection Officer

You can reach the Data Protection Officer at:

Rechtsanwalt Ulf Haumann, LL.M.
c/o Borussia Dortmund GmbH & Co. KGaA
Rheinlanddamm 207-209
44137 Dortmund
Deutschland
Tel.: 02 31 - 90 20 0
E-Mail: [email protected]
Website: www.bvb.de

IV. Specifics About Your Data

We collect and use the following personal data at the BVB EVONIK Football Academy:

• Salutation, First Name, Last Name
• Date of Birth
• Membership Number (optional)
• Clothing Sizes
• Health Data
• Address of the legal guardian (if applicable)
• Email Address of the legal guardian (if applicable)
• Phone Number of the legal guardian (if applicable)
• Payment or Invoice Data of the legal guardian (if applicable)

Invoice data is collected when registering for paid activities and is limited to relevant billing information. Health data is collected to provide it to a medical team in case of emergency. Otherwise, data is not shared without your explicit consent. Data is deleted once it is no longer needed, typically when you end your participation.

V. Purpose of Data Processing

Specifically, the processing of your personal data serves the following purposes:

• To provide you with important information about the events for which you register and information about our corresponding products/events (direct advertising).
• To process payment terms and invoice information.
• The rights to use videos, images, film recordings, and photos taken during the event, as well as interviews of the participant and any other spoken words of the participant, are transferred to Borussia Dortmund (BVB) through the contract you enter into with us upon registration.

VI. Legal Basis

We process your personal data for the fulfillment of contracts and to ensure the security and smooth running of the events.

1. Contract

The legal basis for processing your personal data by the controller in the context of organizing our events is the contract pursuant to Article 6(1) subparagraph 1 lit. b) GDPR. Accordingly, your personal data may be processed if and to the extent necessary for the fulfillment of our contractual obligations towards you. This also applies to all processing necessary to carry out pre-contractual measures initiated by you. Further details are regulated in the General Terms and Conditions (GTC) for the events of Borussia Dortmund Football Academy GmbH, which you can find at the link https://www.bvb.de/en/football-academy/terms-and-conditions. By participating in one of the offered events, we owe you the execution of the associated services.

1. Legitimate Interest

We take all measures within our capabilities to ensure the security of your data, if provided by you, and the smooth running of our events. We collect health data to provide it to a medical team in case of emergency. Otherwise, data is not shared without your explicit consent and is only accessible to a limited circle of responsible employees who need it for their tasks in the context of contract processing. Ensuring and observing security measures during our events is part of our duties. Therefore, we have a legitimate interest in processing all necessary information for this purpose and are therefore entitled to do so pursuant to Article 6(1) subparagraph 1 lit. f) GDPR, unless your interests in confidentiality of the data outweigh. However, security aspects generally take precedence. We also process your data for the prevention and investigation of crimes. Direct advertising is in our legitimate interest and is therefore lawful pursuant to Article 6(1) subparagraph 1 lit. f) in conjunction with Recital 47 last sentence GDPR.

1. Consent

The transfer of your data for advertising purposes is carried out in accordance with Article 6(1) subparagraph 1 lit. a) GDPR only with the explicit consent of the legal guardian, which can be revoked at any time for the future by informal notification to the aforementioned controller.

VII. Data Retention Period

We delete personal data as soon as we no longer need it to fulfill our contractual and/or legal obligations and it is not archived for documentation purposes. For example, invoice data may only be deleted after 10 years have passed.

VIII. Data Transmission

In principle, your data is not transmitted. However, in special cases (e.g., to enforce a nationwide stadium ban), this may be necessary and is contractually regulated in our terms and conditions (AGB). Furthermore, information may be shared with service providers (e.g., software companies) based on a data processing agreement pursuant to Article 28 GDPR.

IX. Data Security

In accordance with the legal requirements of Article 32 GDPR, we have implemented appropriate technical and organizational measures to ensure a level of security appropriate to the risk for the personal data processed as part of your booking.

X.   Ihre Rechte

Als betroffene Person haben Sie grundsätzlich über Ihre gesetzlichen Vertreter*innen das RecX. Your Rights

As the data subject, you, through your legal representatives, have the right:

1. to access your processed data according to Article 15 DSGVO,

2. to rectify your data according to Article 16 DSGVO,if we process inaccurate information about you,

3. to erase your data according to Article 17 DSGVO, if we no longer need the data and there are no legal retention purposes against it,

4. to restrict the processing of your data according to Article 18 DSGVO,if and as long as your objections to data processing have not yet been clarified, and

5. to object to the processing of your data according to Article 21 DSGVO,when we process this data as part of our overriding interest. In the case of direct advertising, you can do this without giving reasons. Otherwise, you can successfully object to data processing if, in your case, your personal interests outweigh our and public interests in data processing.

In addition, you have the right to lodge a complaint with the supervisory authority (Article 77 DSGVO,), namely the State Commissioner for Data Protection and Freedom of Information (LDI) (https://www.ldi.nrw.de/).

We always comply with all these rights. If you would like further information, we will be happy to provide it. Please contact our aforementioned Data Protection Officer for this purpose.

You can find the complete text of the DSGVO,at https://dsgvo-gesetz.de/.ht