General Terms of Use

Welcome to Lale.help! We are happy that you are interested in the work of our helper circles and perhaps wish to join us as a helper. Lale.help is a charitable initiative and predominantly a non-profit organisation. Our goal is to provide an internet platform for coordinating helper circles for refugees and/or asylum seekers in Europe.

Use of the internet platform is free of charge for individual helpers and aid recipients as well as for helper circles with a small number of members. Depending on the size of a helper circle and as increased website traffic can impair the availability of the platform, Lale.help may subject the services to additional, special terms of use and a fee. Every user is responsible for the cost of his or her internet connection, which you need to access the platform. If you wish to use the internet platform for commercial purposes or make use of special premium services, you may have to pay a fee. The fee and the terms and conditions of commercial use and premium services are set out in special terms of use that Lale.help will provide to the user as required.

These General Terms of Use define the legal aspects of providing and using this internet platform. As a user of the platform, you are asked to accept and comply with these General Terms of Use. Please read them carefully.

1

Scope of Application

Lale.help GmbH, Zamboninistr.15, 80638 München, Germany (“Lale.help”) offers various services on the website at www.lale.help, the Lale.help app or other internet platforms hosted by Lale.help GmbH (together the “Platform”) to support the following users:
- Organisers of helper circles, that is to say members of an organisation which, regardless of its legal form and not for profit, helps refugees and/or asylum seekers who are migrating to Germany (“Helper Circle(s)”);
- Individuals who help and support refugees and/or asylum seekers migrating to Germany or a Helper Circle, either as member of a Helper Circle or individually (“Helper(s)”);
- Individuals who, being refugees and/or asylum seekers, are directly supported by the activities of Helpers and Helper Circles (“Aid Recipient(s)”).
- Employees of overarching institutions and bodies, for example of district or municipal administrations or charity organisations, who support the coordination of multiple Helper Circles (“Umbrella Entities”).

Our services support Helper Circles in fulfilling their current tasks, in particular by:
- Task management: defining specific tasks to support Aid Recipients and fulfilment of the tasks by Helpers;
- Donations management: managing the demand and supply of in-kind donations;
- Information management: administration of Helper data and supporting communication with Helpers and Aid Recipients.

Specifically, users can connect to other users in chats, forums, blogs or other media to talk about experiences and the progress of tasks of their Helper Circle. Users can deposit, post or upload (“post”) contributions and content on the Platform, such as text, pictures or videos and/or other information (“Content”). These offers, features and services (together the “Services”) are subject to the General Terms of Use below.

2

Registration

You have to register as a user to participate in Lale.help. Please fill in all required information truthfully. You are authorised to register if you have full legal capacity or are 14 years of age or older and act with your legal guardian’s consent. You have no legal claim to be registered on Lale.help. By registering as a user or using the Services you, as user, accept these General Terms of Use as binding on you. Users must keep their registration details up to date at all times. Your registration may be verified by an administrator and rejected if it does not meet our conditions.

The personal data entered at registration and posted thereafter while using the Services are subject to the Lale.help Privacy Statement. For further details please read our Privacy Statement.

3

User Name, Password

To register for Lale.help you have to create a user name and a password. A valid e-mail address will be used as unique user name. The user is solely responsible for keeping the password confidential. Any disclosure to third parties is not permitted. Users may use their real name or an alias on the Platform. Lale.help encourages transparency and openness. Please remember that some of the Lale.help Services are open to everyone and that you may be identifiable to third parties if you use your real name to participate in these Services.

4

Lale.help Services

The Services of Lale.help are only available to Helpers, Helper Circles, Aid Recipients and Umbrella Entities. Depending on the nature of a user, only specific Services or Service features may be available to the user. By registering on Lale.help and setting up a user account your access to the designated Services will be activated.

The Lale.help Platform consists of a variety of different Services intended to facilitate the work of Helper Circles and individual Helpers. The user has no legal claim to the availability of the Platform and offer of specific Services. Lale.help may modify, continue to develop or terminate the Platform in its entirety or the Services or parts thereof.

4.1

Task Machine

Task management by using the task machine is an important element of the Platform. The task machine serves to define, assign and fulfil specific tasks without the need for e-mail communication between Helpers, which may be cumbersome and prone to errors. In particular, the task machine shows which user has taken charge of which task. Users can use the task machine to enter details of open tasks and make them visible to others in order to get support from other Helpers.

The task machine also helps to efficiently manage in-kind donations.

4.2

Circle Messenger

The Circle Messenger is a tool to communicate with other users. It has a reminder function to help users in completing tasks and provides users, at their choice, with daily or weekly updates on the progress of other Helpers or Helper Circles.

4.3

Community Features

The Platform offers a number of features to share Helper Circle experiences with other users, including chats, forums, blogs or the public wall (“Community Features”). The tasks accepted and fulfilled by Helpers can be publicly communicated on the public wall, including to unregistered users, in order to share Helper Circle experiences with other people. Please be mindful of the discussion rules set out below.

4.4

Circle Administration

Membership administration (called Circle Administration on Lale.help) by means of the Platform is another important aspect of supporting Helper Circles. The purpose of Circle Administration is to give the Helper Circle administrators a better overview of the activities of individual Helpers.

5

General Obligations of Users

The Services offered by Lale.help may only be used for purposes of coordinating and supporting Helpers, Helper Circles, Aid Recipients or Umbrella Entities for refugees and/or asylum seekers. Any use for other purposes, including other purposes that are charitable but not related to helping refugees and/or asylum seekers, shall be subject to the prior consent of Lale.help. Depending on the size of a Helper Circle and its possible adverse effect on Platform availability, Lale.help reserves the right to subject the Services to further, special terms of use and to a fee.

You may not use the Lale.help Services for commercial or promotional purposes of any kind. You are not permitted to post commercial content (e.g. offering of goods and services); any such content will be taken down as soon as we become aware of it. Any use of the name, the trademarks or other intellectual property rights of Lale.help, including for charitable purposes related to helping refugees and/or asylum seekers, shall be subject to the prior consent of Lale.help.

6

Discussion Rules

Community Features such as forums, chats or blogs and the public wall are open to all users for open and critical debates and discussions. However, please do not use them for personal messages. To send personal messages please use other services, such as e-mail. Please treat other users with courtesy and respect. Lale.help is intended to bring together and support people who wish to help refugees. We know that there may be differences of opinion, but please keep a cool head and tone. Lale.help also strives to be as transparent as possible. We therefore ask you to use German or English when you communicate with others, or a language that is understood by all users in your particular Helper Circle.

7

Content Responsibility

Lale.help does not check the user Content before it is published on the Platform. You are responsible for observing the rights of third parties, including the rights of Lale.help. You are solely responsible for all Content you post on Lale.help.

You may not undertake any action or post or disseminate via the Lale.help Services any Content that contravenes applicable laws. In particular but without limitation, these include criminal laws, data protection and youth protection laws or unfair competition legislation. In particular, you are not permitted to disseminate Content that is threatening or racist, glorifies violence, or is libellous, defamatory or obscene. Please make sure that the publication and/or dissemination of Content (such as text, photographs or videos or other information you post on the Platform) does not violate any third party rights, particularly copyrights, trademarks, name rights or design rights.

8

Rights of Use

In order to give others access to your Content posted on the Platform, you grant Lale.help a royalty-free, nonexclusive, worldwide, perpetual right with no limit as to subject matter, to reproduce, disseminate, make accessible and keep available for retrieval, the Content within the Services of Lale.help. You warrant that you hold the necessary rights in respect of all posted Content or, if you do not yourself own the rights in any Content posted by you, that you have effectively obtained the necessary rights assignment, release and/or consent.

9

Content Storage and Data Transfer

Lale.help is under no obligation to store, keep available for retrieval or otherwise make accessible, the data posted by users. However, Lale.help has the right to keep all data posted by users available on the Platform for retrieval. Lale.help further may transfer the data provided by users to Helper Circles or Helpers for purposes of supporting the activities of and otherwise coordinating the Helper Circles, either by making the data visible to a particular Helper Circle or providing them for retrieval on the Platform.

If a user objects to any such data transfer by Lale.help with future effect, the contract with the user will be terminated and Lale.help will arrange for the deletion of the user account. The user’s objection only covers the Content and data the user entered in his or her account, whereas Lale.help is not required to take down other Content posted by the user by way of Community Features or other Services or shared with other users, or to encourage the erasure of data transmitted to Helper Circles or individual Helpers.

10

Notice and Take Down

Lale.help does not check the Content posted by users and will only act upon notice by third parties alerting Lale.help to potentially unlawful Content or Content incompatible with these General Terms of Use. In any such case Lale.help may temporarily deactivate the user’s access until the legal circumstances have been determined. Lale.help will advise the user without delay of any deactivation of his or her access and allow the user to refute the allegations. If the user fails to respond or if the lawfulness of the Content in question remains doubtful after the user’s response, Lale.help will take down the Content.

11

Indemnification

If a third party takes recourse against Lale.help for any rights infringement resulting from Content posted by a user that is unlawful or contrary to these General Terms of Use, the user will indemnify Lale.help on first demand and cover the costs of the legal defence. The user will use best efforts to support Lale.help in the defence against any such claims. Failure by the user to comply with this obligation within a reasonable period of time will give Lale.help the right to settle the third party claim in its discretion and, giving due regard to the facts and the legal situation, at the user’s cost.

12

Liability

Lale.help only accepts liability for losses and damage caused by intent or gross negligence or for breaches by ordinary negligence of major contractual duties whose fulfilment is essential for the due and proper completion of the contract or whose breach compromises the achievement of the contractual purpose and whose fulfilment the user may reasonably rely on (material duties). Lale.help accepts no liability for breaches of secondary duties by ordinary negligence.

The above limitation of liability does not extend to claims for damages resulting from injury to life, body or health or a guarantee as to quality or the fraudulent concealment of any defect by Lale.help, or to user claims under the Product Liability Act.

Where the liability of Lale.help has been excluded, this also extends to the personal liability of Lale.help staff, employees, representatives, shareholders and vicarious agents engaged in the discharge of Lale.help duties.

13

Termination

Lale.help may terminate the use at any time, especially if the user has breached the Terms of Use, and upon termination delete the profile created by the user and all user data stored in the user account. Users have no legal claim to the release or other assignment of posted Content.

Users may at any time terminate usage and change, correct or delete the data in their user account. If you fully delete the user account, all Content and user data posted in the user account will be irretrievably erased, except Content posted by the user by way of Community Features or other Services or shared with other users.

14

Changes

Lale.help may amend these General Terms of Use with effect for the future. You will be informed of any such changes by e-mail to the address provided at registration or log-in, subject to a reasonable notice period. The amended Terms of Use will be deemed accepted unless you object to them within four weeks after their communication, and if you continue to use the Platform after becoming aware of the changes. Lale.help will specially advise the user hereof in each case.

15

Governing Law, Forum

These General Terms of Use are governed by the laws of Germany and, if you are a consumer residing in another EU Member State, additionally by the consumer protection legislation that may be applicable to you under the laws of your EU Member State. If the user is a trader within the meaning of the German Commercial Code (HGB) or a public law entity, the courts of Munich will have exclusive jurisdiction. Consumers may appeal to the courts at their residence and in Munich.

Last updated: February 2016

Privacy Statement

We are committed to protecting your privacy when you use the internet platform at lale.help (“Platform”). This Privacy Statement informs you how we handle your personal data and how you should treat the personal data of other users.

1

Data controller

The controller, for purposes of German data protection law, of the collection, processing and use of personal data in connection with our Platform is Lale.help GmbH, Zamboninistr.15, 80638 München, Germany (“Lale.help”).

2

Platform use

The goal of the Lale.help Platform is to support Helper Circles in their work for refugees. For this purpose, personal data are stored on the Platform and made available to individual Helpers to facilitate the efficient handling of tasks. Lale.help is the controller of personal data within the meaning of German data protection laws for all services in connection with the use of the Platform.

3

Data transfer

Where Lale.help transfers personal data collected on the Platform to Helper Circles for coordinating and fulfilling their tasks, the Helper Circle becomes the controller of such personal data under German data protection law from the moment of transfer of the data. Helper Circles may be organised under private law or a church and, therefore, be subject to different legal data protection requirements. Please also ask each Helper Circle about its applicable data protection laws.

4

Personal data

Personal data means information concerning personal or material circumstances of an identified or identifiable individual. For example, on Lale.help this includes information in the user profile such as the user’s age, skills, preferences, availability. Data concerning tasks and other activities of a Helper Circle may include personal data; for example, if the task is to accompany a particular refugee to the doctor, the personal data may even be highly sensitive personal data of the refugee.

5

When and how does Lale.help collect, process and use your personal data?

We collect your personal data that you provide when you register for our Platform. We process these personal data by way of storing them in our database. We further use your personal data by providing them to the Helper Circles associated with or users registered with Lale.help, for coordinating and in particular arranging for help services. For this purpose the data you have entered on our Platform, such as your name, address, telephone number, e-mail address and possibly further details about your skills, availability, etc., will be made available to a Helper Circle. When you create a user profile on our Platform you can provide additional information and, for example, upload a photograph.

We offer designated services on our Platform that are intended to facilitate the coordination of the work of Helper Circles. It may be necessary to enter (further) personal data for this purpose. For example, this includes subscribing to newsletters about current Helper Circle projects and registering for events, for which you may have to register with you name, e-mail address and other information. The details are indicated in connection with each service.

For some tasks that require special skills, such as educational or psychological training, the user may have to state and submit appropriate proof of his or her qualifications.

6

For which purposes do we collect and process personal data?

We collect your personal data for coordinating Helper Circles for refugees. We offer various services for this purpose on our Platform. For more information about the services please see our Terms of Use.

7

IP addresses and cookies

When you visit our Platform your IP address, that is to say the identifier assigned to your PC or mobile device by your internet provider, and further details such as the date and time of your visit and the sites you visited, will be stored on our server for technical reasons.

Our Platform uses cookies. Cookies are small text files that we send to your computer’s hard disk via your browser or other programmes. The purpose of cookies is to remember your personal settings on our Platform. You can adjust your browser settings to refuse cookies. Most browsers have a help menu that explains how and to what extent you can disable cookies. If you have disabled our cookies you may not be able to use all functions of our Platform.

8

Google Analytics

Lale also makes use of Google Analytics, a web analytics service provided by Google, Inc. (“Google”), which uses cookies to analyse how users use the site. The information generated
by the cookie about your use of the site will generally be transmitted to and stored by Google on servers in the United States. At the request of Lale, Google will use this information for the purpose of measuring your activity on Lale’s site, compiling statistical reports on overall website activity for Lale and providing other services relating to the activity and internet usage. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of Lale’s site. In addition, you can prevent the collection of the data generated by the cookie by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available from the following link: http://tools.google.com/dlpage/gaoptout.

Lale has activated the IP anonymisation; in consequence, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. Further information can be found under http://www.google.com/analytics/terms/gb (Google Analytics Terms of Service & Privacy).

9

Questions about data privacy?

If you have any questions about data protection on Lale.help, please send us an e-mail on info@lale.help. You can at any time change, correct or delete your data stored by us in your user account. You can delete your user account at any time. If you delete your user account all data stored on the Platform will be erased, except data you have shared with other users by way of Community Features.

Stand: July 2016