Terms of Use and Privacy Policy

Last update: November 29, 2010 TIGERLILY is the author of software Applications destined to create additional Tabs (thumbnails) on its Clients' Facebook pages. The present Terms of Use of TIGERLILY's Applications and privacy policies (the "Terms of Use") are part of the Tigerlily General Conditions and provide the conditions pursuant to which the Users can use the Tabs and the conditions pursuant to which TIGERLILY can, within the scope of these uses, collect, store and make use of the User's Personal Data.

1. GENERAL: 1.1 TIGERLILY is a French Société par actions simplifiée (limited liability company) with a share capital of 27,500 Euros, having its registered office located 34 rue du Faubourg Saint Antoine 75012 Paris, France, incorporated under the number 522 661 495, RCS Paris ("TIGERLILY").; 1.2 The present Terms of Use apply to any final user using a functionality of a Tab (a "User"), proposed by a Client of TIGERLILY, and cancel and supersede all previous agreements between TIGERLILY and the User.

2. DEFINITIONS: 2.1 The words beginning with a capital letter have the meaning specified in the concerned provisions and/or the following clauses.; 2.2 "Application(s)": software(s) created by TIGERLILY enabling the display of additional Tabs with particular functionalities and which rights are licensed to Clients under the Service.; 2.3 "Change": permanent or temporary change, or modification or technical error occurring on the Facebook website (www.facebook.com) or platform that can deteriorate or permanently prevent from the use of the Applications.; 2.4 "Client": subscriber of Tigerlily's Service, i.e. Tigerlily software application licenses.; 2.5 "Personal Data": User's personal data collected during the Use of the Tabs by the User, for which the User, by virtue of his Use of a Tab, authorizes TIGERLILY to collect, store and make use under the present Terms of Use, the Facebook Terms of Use and the provisions of the Law n° 78-17 of January 6, 1978, regarding information technology, files and civil rights.; 2.6 "Punitive Damages": damages other than in consideration of the direct prejudice suffered by the victim, such as punitive damages under US Law or exemplary damages under British Law.; 2.7 "Tab": designates a tab (or thumbnail) of a Facebook Page, created and operated by a TIGERLILY Application. Tabs are edited by TIGERLILY pursuant to the computer standards of the Facebook website. A Tab enables Tigerlily's Clients to present to Users commercial data of different nature, and in particular, texts, sounds, images, motion pictures, videos and data bases.; 2.8 "Page": designates the special page profiles created on Facebook website for promoting a commercial, politic or charitable activity (such as non-profit association, a political campaign, a music band, or a personality) and accessible by the Users through the Facebook website.; 2.9 "Facebook Platform" designates the Facebook Platform hosting the Page in which are inserted the Tabs, which are hosted on the Tigerlily Platform.; 2.10 "Tigerlily Platform" designates Tigerlily's unique platform on which the Applications, the Tabs and their contents are hosted.; 2.11 "Use" designates any surfing or visit on a Tab, any subsequent way of getting information, using functionalities, free or not free, booking, ordering and paying goods or services, or participating to special offers, contests and attractions of any nature, proposed by the Client to the User, through a Tab of his Facebook Page.; 2.12 "User" designates any person proceeding to a Use.

3. LEGAL PROVISIONS: Users are protected as regards the collect, storage and use of their Personal Data by French Law, and in particular, the Law n° 78-17 of January 6, 1978 on information technology, files and civil rights.

4. CONTRACTUAL RELATIONSHIPS: 4.1 TIGERLILY has a relationship with Users in its capacity of: - host of the Applications and their contents and data, - author of the Applications generating the Tabs and  - user of the Personal Data collected during the Uses of the Users. TIGERLILY is not related to the Users in any other capacity through the Use of the Tabs, and in particular, does not act with Users as service provider, seller, or editor of any content.; 4.2 By Using a Tab, a User accepts to be bound and protected by the present Terms of Use, when using a Tab. The User further accepts that any amendment of the present Terms of Use shall apply to any Use following its release on TIGERLILY website (www.tigerlilyplatform.com, the "Site") at www.tigerlilyplatform.com/fr/terms, with the indication of the last update, without any other notice.; 4.3 The present Terms of Use prevail over all Users or contractors terms, except Facebook terms of use and the Tigerlily Platform host terms of use (as displayed on www.linode.com).; 4.4 A User is also bound and protected by the Client's terms of use as regards the Uses of the Tabs (on-line edition of any content, participation to contests, couponing, etc.). TIGERLILY does not take any part in the relationship between the Client and the User and does not guaranty any of the obligations borne by the Client in respect of this relationship.; 4.5 For any Use, the User must request all relevant information and applicable terms from the Client and the Client must provide the User with all legal information in respect of this Use, and in particular, in respect of Personal Data collecting and processing, or, of any commercial relationship, such as sales of goods or services proposed by the Client through a Tab.; 4.6 A User is also in relationship with Facebook as a User cannot have access to the Tabs if not connected to Facebook by entering his Facebook email and password, which are personal to the User. A User, by Using a Tab, accepts to be bound and protected by Facebook's terms of use. The breach of these terms by the User can have consequences on the Use of the Tabs, and can result in a suppression of the access, by virtue of Facebook's terms. TIGERLILY is also bound by Facebook terms of use as developer of the Applications and when collecting Personal Data.

5. USERS' PERSONAL DATA COLLECTING, PROCESSING AND USING: 5.1 By Using a Tab, the User authorizes TIGERLILY to collect, store and use his Personal Data gathered when Using Tabs, according to the present terms, the Facebook terms of use, and the provisions of the Law n° 78-17 of January 6, 1978 on information technology, files and civil rights.; 5.2 The User's Personal Data are the basic information of his Facebook account which are, before collecting, expressly asked to be shared with the Client and TIGERLILY (name, fist name, email, sexe, birth date, city of residence, URL profile photo, list of "liked" pages).; 5.3 The User has, in accordance with Law n° 78-17 of January 6, 1978, a right of access, opposition and rectification of his Personal Data, by sending an email at privacy@tigerlilyplatform.com, or a mail at Tigerlily SAS, Direction Générale, Responsable des traitements, 34 rue du Faubourg Saint Antoine, 75012 Paris.; 5.4 The Users' Personal Data are stored and used by TIGERLILY only within the scope of the running and use of the Applications and their functionalities.; 5.5 TIGERLILY undertakes to not sell nor transfer Personal Data for a Use of these data outside the scope of the Applications use and running. In no way, TIGERLILY shall transfer Personal Data directly or indirectly to any ad network or agency or to any other third party who do not participate to the use of the Applications.; 5.6 In the event of termination of use of the Facebook website by TIGERLILY, suppression of the Client's Facebook account, closing of the TIGERLILY Platform or of the TIGERLILY website, the User grants to TIGERLILY the right to keep his Personal Data for the purpose of a future use (within a one-year period) after adaptation of the Application, in order to propose to Users equivalent or similar functionalities through any other media.; 5.7 All rights and obligations provided by the Terms of Use, and in particular regarding the Personal Data, are assignable by TIGERLILY in the event of merger, acquisition, business sale, court order, and in any other case different than a direct or indirect sale of the Personal Data.; 5.8 The data processing has been declared to the CNIL (Commission Nationale Informatiques et Libertés) under the number GCi01022388 on 08/11/2010.; 5.9 Personal Data are not stored anymore after a one-year period starting from the last Use of a User on one of the Page Tabs.; 5.10 Before any Personal Data collecting, the User is informed of his right to refuse the release of all or part of his Personal Data. To this purpose, he must be offered, within the Use process set up by the Client on the Tab, the possibility to indicate his refusal.; 5.11 The User accepts that Uses, other than visiting and surfing on a Tab, can be permitted only provided that the User accepts that his Personal Data be collected, stored and used by the Client and TIGERLILY, in accordance with the present Terms of Use.; 5.12 The Client can collect, store and make use of the User's Personal Data, under conditions at least as restricted and protective of the User than those of TIGERLILY. It is of the User's duty to seek relevant information from the Client about Personal Data processing and the Client, in turn, must (i) obtain from the User confirmation that he has read and accepted the conditions of collecting, processing and making use of his Personal Data as provided in the present Terms of Use and/or in any other terms providing the same guaranties to the User's rights and committing him to the same obligations towards TIGERLILY and (ii) guarantee the User of his legal rights, and in particular of his right of access, opposition and rectification of his Personal Data.