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Terms of Service

This document includes important provisions related the rights and obligations of users. By ticking the box “I have read and accept the Terms and Conditions”, hereafter referred as the “contract”, you hereby agree to be bound by this contract. We invite you to print this page for all practical purposes.

Updated : 05/25/2018

1- Purpose

This document defines the terms of use for the website Osculteo.com, the access to the website and to its parties such as the blog, and more specifically the digital identity protection service.

2- Definitions

“Osculteo service”: digital identity protection service which enables to monitor and manage one’s both digital identity and online reputation, through the removal requests that users can ask for.

“Osculteo”: digital service provided by the IPROTEGO SAS, with a capital of 40 000 euros, having its registered office 13, rue Trigance 13002 MARSEILLE, FRANCE, registered at the Marseille Companies Register under number 518 552 088 and owner of the brand, the website and the technology used.

“Users”: people who use the service.

“Diagnosis”: process which searches and analyses documents on the Internet. This process displays a tagcloud including keywords related to the user’s digital identity, thus enabling them to assess and control the visibility of any online content about them.

The “digital identity” is the digital equivalent of the real identity. The digital identity is made of all the digital information related to an Internet user, whether they are wilfully provided or not. More generally, the two main elements of the digital identity are: the online reputation (or e-reputation) and their privacy online.

The “e-reputation” is the opinion other Internet users have about an individual, a brand or a corporation through pages than can be consulted and indicated by tools such as search engines (Google), social networks, press, blogs, forum… and the Internet in general.

The “SERP SCULPTING” where SERP is the acronym for Search Engine Result Page is a technique that influences search engines results in order to set some webpages on the first results page on a specific engine, at the expense of other webpages. SERP Sculpting means the action of sculpting this Google results page to get a result that satisfies the user in terms of good reputation.

An “URL” is the specific adress through which a webpage can be accessed. This is an unique element enabling the identification of a specific webpage.

3- Website description

Osculteo enables its users to monitor, improve and protect their digital identity and their online e-reputation. The website thus displays a service through which users can keep an eye on webpages visible online and/or the search engine results pages which contain their name or any keyword refering to them. The access, reading and using of the Website are limited to the rights conferred by the application of this contract and by the laws and/or applicable regulations. The website includes a public section and a private section that enables users to provide accurate information about their profile to help the Osculteo diagnosis system to find webpages about them.

4- Service access conditions

The user must be at least 18 years old to use the service. In accordance with the law and regulations, only people legally competent for contracting and being bound by a contract shall use the service available on the Website. The registration takes place when the search begins and is definitively done once the user has completed its first diagnosis. The full service is only accessible to users who validated their account by using their own information. When a Website visitor signs up to become an User, they choose a free user name (“login”) and an user password (“password”) so that they can create an unique and personal User account.

During registration, any User must be able to accept the default appointement of a country (plus the language and currency used in that country which are predetermined by Osculteo) depending on the IP address they use to access the Website. Osculteo can, in its sole discretion, enable the User to choose another country than the first one set by default (but the language and the currency of the chosen country will remain predetermined by Osculteo). Once these information entered, they cannot be changed later. The User is the one responsible for indicating if they register as an individual, on behalf of a company or any legal entity, and, if so, entering the concerned company or legal entity’s name.

The User is the only responsible for the security and confidentiality of their account information. Osculteo shall not be held responsible for the loss of their user identification or password.

5- Terms modification

Use of the Website implies acknowledgement and acceptance of the terms of this Agreement. If you refuse to accept this Agreement, it is your responsibility not to use and access the Website and its associated services. The present General Conditions of Sale are applicable in their terms on the day of subscription according to their wording on this Site. However, they may be subject to change. Any update is opposable as soon as it has been published online. However, if we make a substantial change to the Terms of Use, we will give you reasonable notice before the change takes effect by sending you an email to the address associated with your account

6- Modification or deletion of services

We may at any time modify the contractual or technical conditions of provision of a Service (including deletion of a component of a Service), after informing the Customer with a minimum notice of 15 days before the effective date of the modification or deletion. The modifications are applicable during the term of the Contract.

In case of substantial modification, the latter may automatically terminate the services concerned, at the latest 2 months after the date of entry into force of the modification, and this without cancellation fees.

In case of deletion of the Service, we may possibly offer the Customer to keep the Service until the expiry date initially provided, provided that we expressly indicate his willingness to keep said service within 15 days following the information sent by email

7 – Non-transferability of the Contract

Your User Account on the Website cannot be sold nor transfered to any physical individual or legal entity. If you use the Website on behalf of a legal entity, you claim and assume to be empowered enough to engage the legal entity under this Contract. The User certifies to use their real identity or is exposed to have their user account suspended. You can in no way use the Website for fraudulent purposes or use it in a way it is not dedicated to.

8- Description of the Osculteo diagnosis service

The Website provides a service which enables users to monitor webpages indexed in search engines and/or visible online and that contain their name or any keyword referring to them, any picture of the social network Facebook, and any other content they are mentioned on.

Access, reading and using the Website are limited to the rights granted by the Contract and by relevant laws and/or regulations.

Through the “Profile” section of the user account, users can provide more information about themselves which will enable the diagnosis system Osculteo to gather webpages about them more efficently. When a Website visitor registers to become an User, he/she must indicate their identity and their e-mail adress in order to create an unique and personal User Account.

The user can then create several profiles with the same account so that each person of their family can use Osculteo services on an individual scale. The user undertakes to provide a valid e-mail adress. Once these information have been set during registration, they cannot be changed. The service includes several sections which enable Internet users to have a global or detailed vision of documents related to searches performed.

The users are provided with various features to perform new searches, refresh current searches, make removal requests or identify similar results.

The aim of the service is to enable the User to benefit from a centralized vision of all the maximum of online documents about them et to clean up content that might potentially be harmful for their reputation.

This monitoring system enables the creation of searches and alerts depending on search results based on keywords. Osculteo offers all new Users registered as individuals a free search on their first name and 2 additional searches. This research benefits from the alert system, as well as a monthly refresh of the results, twelve per year.

The User can use other features depending on their offer:

– Creation of a new search

– Search for similar contents

– Webpage removal request

– Online data removal request

– Pictures removal request

9- Purchase of the “Deletion” service

Any User may request the removal of negative content. The price of this service, starting from 49 euros TTC, varies according to several factors and will be the subject of a personalized estimate.

Premium Option : The “Premium” service can be added to the initial order for an additional 60 €, by ticking the box provided for this purpose, when validating the order.

It gives the User the following options:

– “Priority processing”: the user will receive priority service. His order will be validated and taken into account in priority by our teams, and the steps undertaken in priority to simple orders. However, from the date of acceptance of your request, we have a period of two (2) clear months to deploy all means at our disposal in order to obtain the result.

– “Satisfied or refunded” guarantee: in case of failure of the mission, the User will be able to ask for the refund of the action of suppression.

It is necessary to have an Osculteo account to be able to make deletion requests.

10- Precisions about removal requests

Asking for a webpage removal does not mean the webpage will actually be removed. Osculteo undertakes to implement all useful methods to get the result without guarantee to obtain it. Content removals are subjected to an obligation of means and not to an obligation of results. A removal request is not a removal itself: many factors generally involving several websites editors must be taken into account for a removal request towards search engines such as Google. Plus, the technical removal is not performable by Osculteo itself as there is no direct link between Osculteo and search engines such as Google. Morevoer, content removal might be in conflict with some rights: copyrights, press freedom, freedom of expression…making the removal request impossible to achieve. The User declares that he or she understands that as a last resort, the website editor is the only person responsible for agreeing to remove any information or webpage.

However, we are bound to start the mission and try to get a result within (2) months after we accept your request. The mission will be considered fulfilled once the content will be either totally removed or modified or deindexed from the search engines results pages on the request (full name).

11- Management and Operation of the Website

Osculteo reserves the right, at its sole discretion, to change or interrupt at any moment one or several service(s) on the Website. You acknowledge and agree that Osculteo does not have to keep the running of the Website, of a specific section or service (may this non-disponibility be voluntary or non-voluntary by Osculteo). The editor does everything possible to enable the access 24/7, except in the case of force majeure or of any event the editor does not have control or any eventual breakdown and maintenance intervention necessary to the proper functioning of the website and its services. The editor’s responsibility shall not be held in case the website is out of access and/or the service is unavailable. Osculteo reserves the right, at its sole discretion, to interrupt or delete your User Account at any time, including your Login and Password.

12- Cookies management policy

You acknowledge and accept that Osculteo might stock personal information and other information about you on your computer under “local storage”. This tool is similar to a cookie, but does not track users’actions and is not stocked after the web session has been closed. Local storage is used only when the website is running.

You acknowledge and accept that if you forbid or limit the cookies use on your device, this restriction might have a negative effect on your use of the Website. You acknowledge and accept that Osculteo can also stock personal information about you on its computers in France or abroad.

– By using the Website, you acknowledge and accept that Osculteo can, at its sole discretion:

– Keep or unveil those information if needed by the law

– Make this Agreement’s terms be respected

– Cope with any complaint about a removal request that might impair anyone else’s rights

– Protect the rights, the property and security of Osculteo, of its users or the public.

13- Right to withdraw

In accordance with article L121-21 of the French Consumer Code, any consumer may revoke their agreement within fourteen days since the day the offer was accepted.

In accordance with article L121-21-5 of the French Consumer Code, the consumer can ask for the service to start before the end of the withdrawal period.

The consumer who wishes to exercise their right to withdraw before the end of this period while the service has started is to pay to the professional an amount which corresponds to the service provided until he/she indicated their wish to withdraw, this amount is proportional to the overall price of the service as arranged in the contract.

To exercise their right to withdraw, the user just has to connect to their Osculteo account, then inform us about their wish to withdraw through the form on the contact section of the website.

14- User account

You acknowledge and accept to keep confidential the Login and User Account provided to you by Osculteo, the Password you chose and which has been approved by Osculteo to use the User Account associated with the Login.

Your Login, your User Account and your Password are personal and must not be shared with any physical person or legal entity. You acknowledge and accept to be the only responsible for all uses of your User Account, your Login and your Password.

You also acknowledge and accept that Osculteo might consider the use of your User Account, your Login and your Password as a piece of evidence to prove that you actually have used the website.

15- Capacity and guarantees

Above all your statements and guarantees previously granted, you assume to have the right and the capacity of entering into this Contract.

16- Limitations and responsibilities of the website editor

You accept that Osculteo, its affiliates, directors, administrators, employees, owners, representatives, shall not be held liable for direct or indirect damage, main or incidental, material or immaterial resulting from your use of the Website.

Moreover, Osculteo does not expressively or implicitely make any declaration or guarantee about works and contents, viruses, worms, Trojan horses or any other code including any malicious, hostile, disruptive or destructive element.

Osculteo cannot be held liable for all content communicated or posted onto the Website, including any material or content uploaded on the Website by an User, in a forum or in a blog comment. When a message which is illegal or contrary to public order and morality is posted, the website editor can be held liable only once being notified of such a message on their site. Once notified, the editor undertakes to quickly act to have the contentious content removed.

17- Account deletion

Osculteo can, at its sole discretion, delete your user account at any time, for example if one of User’s declarations, guarantees or obligations included in the Terms has not been respected or in case the User has not been active on the Website.

You will get a deletion notification in case your user account has been deleted by Osculteo. Osculteo will then perform the deletion of yout Login and Password.

The User can delete their account at any time by opening their User Account session on the Website and then sending an account deletion request to Osculteo.

18- Account deletion effect

From the date the account was deleted, your User Account will be cancelled and closed, your Login and Password will be suppressed. The followings will also be suppressed:

Performed searches

Results associated to searches

Personal information in your profile

The offer you selected on your account

This Contract termination does not liberate the User from their obligations previously undertaken before the termination or from any other obligation resulting from a current removal request, from a refresh or a new search being performed.

19- Suspension

Osculteo reserves the right, at its sole discretion, for legitimate reasons, to suspend at any time your User Account for a certain time. If Osculteo decides to suspend your User Account, your searches and all features available in the customer area will be blocked.

20- User’s consent

The iProtego corporation ensures the users’consent might not be violated by any vice of any nature. In application of article 1369-5 of the French Civil Code, any user can check their order before confirmation, in order to make sure it does not content any mistake.

The client’s consent is acquired once he/she definitively validates their order through a second clic. Once the order is placed, the client receives a acknowledgment of receipt of their order by mail, to the adress indicated to the corporation.

21- Personal information protection policy

The iProtego company has previously made a declaration to the CNIL, the number is as following: 1402409.

As part of the service offered, the server collects a certain amount of data, iProtego necessarily collects data about its customers from sources on the web. The purpose of this collection is the service itself and to meet the user’s request. According to the law n° 78-17 of January 6, 1978 known as data processing and freedoms, any person can interrogate the iProtego company in order to know if personal data concerning it are treated, the user has a right of access and a right of interrogation. Similarly, if it proves that the data are inaccurate or outdated, it has the right to request rectification.

All information concerning the User is accessible via the User account. The information stored by Osculteo can be modified and accessed. In the context of Diagnostics or Service, certain information may be forwarded to our development department in order to improve the service, understand a malfunction or respond to a particular customer case. These data are not used for any other purpose, are not communicated to individuals, and are not stored in a nominative manner.

iProtego undertakes to respect the confidentiality of the information communicated by the User.

The information communicated via the forms on the site are necessary to respond to the Customer’s request and are intended exclusively for iProtego, in its capacity as controller for administrative management purposes and the performance of the services expected.

These data are not used for any other purpose and are not communicated to anyone. iProtego undertakes to respect the confidentiality of the information communicated by the user.

In accordance with the French Data Protection Act, you have the right to access, modify and delete your personal data. You can exercise your rights on simple request by contacting: support@osculteo.com

Your request will be taken into account as soon as possible and processed within a maximum of one month.

In accordance with the “Data Protection Act”, you have the possibility of recovering part of your data in an open and machine-readable format for easy storage or transmission from one information system to another, for reuse for personal purposes.

To exercise this right, you can contact: support@osculteo.com or request an archive of your data directly from your user account.

For more information we encourage you to consult our data use policy.

22- Intellectual property

The structure of the website and its graphical texts and images belong to the editor, intellectual works protected by copyright. Any full or partial reproduction or representation shall not be made without the written authorization of the editor.

Osculteo is a trademark, any full or partial reproduction or representation of the brand shall not be made without the written authorization of the editor.

23- Customer service

In accordance with the laws in force, you can contact us by phone at the +33 (0)4 84 25 62 73, from Monday to Friday from 9 AM to 12 PM and from 1 PM to 6 PM for any complementary information.

24- Applicable law

The applicable law is the French law. Any dispute related to the use of the website falls under the exclusive competence of the French jurisdictions of the city of Marseille. The present terms can be subject to translation. In case of a dispute, only the French version will prevail.