Terms of Use and Privacy Policy

Last update: March 15, 2012

TIGERLILY is the author of software Applications destined social marketing actions on the Facebook and Twitter platforms. These Applications are offered as a service rented online (SaaS) to TIGERLILY’s Clients (individually, the “Client”), who use it to communicate with Facebook and Twitter users and to offer them their services.

1. DEFINITIONS: The words beginning with a capital letter have the meaning specified in the concerned provisions and/or the following clauses.; 1.1 "Application(s)": software(s) created by TIGERLILY enabling the management of contents and actions, through Tabs displayed on Facebook pages, Facebook applications, Twitter accounts and websites using Facebook Connect, as well as the unified collect of Personal Data which the Users accept to communicate on these media (the “Publication and Action Media”).; 1.2 "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 the use of the Applications.; 1.3 "Client": holder of a Facebook Page and/or websites providing links to Facebook Connect, responsible for the User’s Data Processing.; 1.4 “Data” : all contents, data, communication of any nature, and, in particular offers to Users, that contain the Publication and Action Media.; 1.5 "Personal Data": User's personal data, information relating to an identified User – or who can be identified by any means – transferred by Facebook or Twitter to the Client or collected by the Client through the Publication and Action Media, that the User authorizes the processing by the Client and the Client’s subcontractors, in accordance with the present Conditions, the Facebook general terms and conditions and the provision of the Law 78-17 dated 6 January 1978 on information technology and civil rights.; 1.6 “Facebook Connect”: link to the Facebook Platform accessible on a website (the Client’s one) enabling an exchange of data between Facebook and the other Publication and Action Media.; 1.7 "Tab": tab (or thumbnail) of a Facebook Page, created and operated by a TIGERLILY Applicationon behalf of the Client. Tabs are edited pursuant to the computer standards of the Facebook website. A Tab enables the Client to present to Users commercial data of different nature, and in particular, texts, sounds, images, motion pictures, videos and data bases.; 1.8 "Page": special profile created on Facebook website by the Client for promoting a commercial, politic or charitable activity and accessible by the Users through the Facebook website.; 1.9 “Publication and Action Media”: accounts held by the Client, directly linked to social platforms (Facebook Pages, apps; Twitter accounts; and websites using Facebook Connect).; 1.10 "Facebook Platform": the Facebook Platform hosting the Page in which are inserted the Tabs, which are hosted on the Tigerlily Platform.; 1.11 "Tigerlily Platform": Tigerlily's unique platform on which the Applications and the Data on behalf of the Client, by TIGERLILY.; 1.12 “Tigerlily”: a French company (SAS) with a share capital of EUR 38.493, which registered office is located 34 rue du Faubourg Saint Antoine 75012 Paris, France, identified under the number 522 661 495, RCS Paris ("TIGERLILY" or the "Subcontractor”). Tigerlily is the subcontractor of the Client and Facebook’s official "Preferred Developer Consultant".; 1.13 "Use": any surfing or interaction on a Publication and Action Media, any subsequent way of getting information, offers, free or not free, booking, ordering and paying goods or services, or participating to special offers, forums, contests and attractions of any nature, proposed by the Client to the User, through Publication and Action Media.; 1.14 "User": any person proceeding to a Use.

2. CONTRACTUAL RELATIONSHIPS: 2.1 The Client is the holder and publisher of the Page and responsible for its contents and Data.; 2.2 TIGERLILY is the Client’s subcontractor, and in particular:
- host of the Applications and their contents and data, and
- author of the Applications operating the Publication and Action Media.; 2.3 TIGERLILY is not related to the Users in any other capacity through the Use of the Publication and Action Media, and in particular, does not act with Users as service provider, seller, or editor of any content and does not guarantee the obligations borne by the Client in respect of this relationship.; 2.4 The User must be registered on Facebook and/or Twitter and submitted to the Facebook and/or Twitter general terms and conditions, which applies to Tigerlily and any Client.; 2.5 In addition to the present conditions, Tigerlily is bound by Facebook and Twitter general terms and conditions, and by

3. USERS’ PERSONAL DATA COLLECTING, PROCESSING AND USING: 3.1 Tigerlily collects, stores and process Users’ Personal Data within the scope of the running and operating of the Applications, in its capacity as subcontractor of the Client, editor and host of the Applications which contain the Data, including the Personal Data, on behalf of its Clients, whom are solely liable and responsible as regards the Data and the Personal Data processing.; 3.2 Tigerlily does not collect Personal Data for itself. The only personal use of Personal Data by Tigerlily is for statistic survey, to study and improve its service. The Users give their agreement to the processing of their data when they accept the privacy policy submitted online by the Client.; 3.3 Personal Data are not stored anymore after a one-year period starting from the last visit of a User on one Publication and Action Media.; 3.4 The User must read and accept the privacy policy submitted by the Client before the Use of the Publication and Action Media.; 3.5 The Client must obtain the User’s consent for any Personal Data processed by the Client or his subcontractors, before any first collect of Personal Data, through a pop-up message, displaying a link to the Client’s privacy policies with a box to check as acceptation of the said policies.; 3.6 The Personal Data that can be collected from a User through the Tigerlily Applications are the:
- basic information of his Facebook account (name, first name, email, gender, birth date, city of residence, URL profil picture),
- other data communicated by Facebook (all data publically released by the User on Facebook and all data obtained through the use of Facebook API, including aggregated, anonymous and derivated data),
- interactions of the User with Facebook, the Page or with any Client’s website on which the User access through Facebook Connect,
- information rendered public on Twitter,
- and all combination of these Personal Data.; 3.7 The Personal Data can be collected and processed by the Client to:
- customise and improve the User’s experience of the Page and others Client’s websites,
- improve the Client’s communications and offers to the User, as well as the running of the Applications,
- provide services to the User, send him messages related to the performance of a service, provide other contents and services that the User may request and send information regarding the accounts and services, including the confirmations, invoices, technical notes, upgrades, security alerts, and administrative messages;
- send to the User informations on new promotions, products and services offered by the Client and his partners, to proceed to an analysis of aggregated Data on the impact of the promotions.
- studies and surveys purposes,
- and to other purposes described in the present policy or revealed on the Client’s websites or in relation with his services.; 3.8 The User has the right to obtain from the Client, in accordance with the Law n° 78-17 of January 6, 1978, a right of access, opposition and rectification of his Personal Data, by sending an email at the address provided by the Client, responsible for the Data processing; the User can also obtain the suppression of any of his nominative contributions in the forums operated by the Applications, except their storage, with the Personal Data, during a one-year (1) period to the exclusive purpose of compliance with the Decree n° 2011-219 dated 25 February 2011 relating to the storage and communication of data allowing the identification of a person who has contributed to the creation of an online content, or within the scope of a judicial proceeding involving the User.

4. PERSONAL DATA PROTECTION: Tigerlily takes all measures of reasonable protection to protect the Personal Data and avoid any loss, inappropriate use, unauthorized access, divulgation, alteration and destruction of these Data.

5. PERSON RESPONSIBLE FOR THE DATA PROCESSING AND CORRESPONDENT TO THE DATA PROTECTION: 5.1 All Personal Data processing is carried out under the responsibility of TIGERLILY SAS and its President, Mr Matthieu Chéreau; email: mc@tigerlilyapps.com.; 5.2 TIGERLILY's President, as the person in charge of the data processing, receives all claims related to Personal Data and takes all measures to safeguard the concerned rights. He can decide, if needed, of the closing of any access to the TIGERLILY Platform.; 5.3 Tigerlily has declared to the CNIL the designation of a correspondent to the Personal Data protection, Mr Mathieu Fosse, IT Director, Tigerlily; email: mathieu@tigerlilyapps.com (receipt # RCIL 112401).