Introduction
Welcome to Osculteo. The Osculteo website and application allows you, as a user, to access the Osculteo service free of charge and/or for a fee on the Internet. Osculteo’s mission is to enable each individual to regain control over their digital identity, personal data and improve their online reputation. The Osculteo service (“Service”) makes it possible to check its online presence, carry out e-reputation diagnostics and, as far as possible, delete content identified as negative. These terms and conditions apply to the use of our websites and any current or future mobile platform or application providing access to the Services. This document contains important provisions concerning the rights and obligations of users. By accessing the Site, using the Site and making purchases on the Site, you (the “User”) accept these Terms and Conditions of Use without reservation. You therefore undertake, each time you use the Service, to comply with these General Terms and Conditions of Use. We will always obtain your consent when it is necessary and will provide you with clear and necessary information to ensure that your consent is informed. You are invited to print this page for your convenience.
Update: 2020/01/23.1- Object
The purpose of this document is to define the terms of use of the Osculteo.com Website, access to the Website and its parts, such as the blog, as well as the use of the Digital Identity Protection Service.
2- Definitions
“Service”: refers to the digital identity protection service, which allows users to monitor and manage their digital identity and e-reputation, thanks to the deletion requests that they can make. “Osculteo”: hereinafter referred to as IPROTEGO SAS with a capital of 40,000 euros, whose registered office is located at 13, rue Trigance, 13002 MARSEILLE, registered with the RCS of Marseille under number 518 552 088 and owner of the brand, site and technology used. “Users”: refers to the persons using the Service. “Diagnosis”: refers to the procedure for searching and analyzing documents on the web. This procedure, which includes a cloud of keywords (or tagcloud) associated with the Internet user’s digital identity, allows the user to evaluate and control the visibility of the content concerning him/her. “Private data”: any data allowing the User to be identified directly or indirectly and which can be linked to the keyword defined during the diagnosis. “Digital identity” is the digital equivalent of regalian identity. Digital identity consists of all the digital information corresponding to an Internet user, given voluntarily or not by him. Generally speaking, the two facets of digital identity are: reputation on the Internet or e-reputation and privacy on the Internet. The “e-reputation” is the opinion that Internet users can have of a person, a brand or a company through the observation of web pages returned by tools such as search engines, Google in the lead, social networks, the press, blogs, forums, and generally the Internet. “A URL” refers to the Internet access address to a web page. It is a unique element that allows to identify a specific web page.
3- Website description
Osculteo allows users to monitor, improve and protect their digital identity and e-reputation on the Internet. For this purpose, the Website offers a service that allows users to monitor web pages indexed in search engines and/or visible on the Internet that contain their name or any keyword related to them as well as private data. Access, consultation and use of the Website is limited to the rights granted by this Agreement and by applicable laws and/or regulations. The site includes a public and a private part offering users the possibility to better inform their profile in order to allow the Osculteo diagnostic system to identify the web pages concerning them.
4- Conditions of access to the service
The user must be 18 years old to use the service. The services offered on the Website may only be used by individuals who, in accordance with the law and regulations, have the capacity to enter into and be bound by a contract. The services offered on the Website are not accessible to minors (children under eighteen years of age) except when they are under the control of a holder of parental authority (adult parent, father, mother, guardian, legal guardian, etc.). In the latter case, the adult will be solely and entirely responsible for all the minor’s actions on the Website. Registration is done at the beginning of the search and is definitively validated once the user has completed his initial diagnosis. The full service is only available to users who have validated their account and are using their own information. When a visitor to the Website registers to become a User, he or she selects a valid email address (“login”) and a user password (“Password”) to create a unique and personal User Account.
Upon registration, a User must be able to accept the designation of a default country (as well as the language and currency used, predetermined by Osculteo, for that country) based on the IP address used to access the Website. The user can connect to Osculteo from his country of residence, however the prices of the services remain expressed in Euros. The user is solely responsible for the security and confidentiality of his account information. Osculteo cannot be held responsible for the loss of the user’s login credentials and password.
5- Service Description
The Website provides a service that allows Users to monitor web pages indexed in search engines and/or visible on the Internet that contain their name or any keyword related to them, their data considered as private, their photos on the Facebook social network, as well as the content on which they are mentioned.
Access, consultation and use of the Website is limited to the rights granted by this Agreement and by applicable laws and/or regulations.
The “Profile” section of the user account offers users the possibility to better fill in their profile in order to allow the Osculteo diagnostic system to identify the web pages concerning them. When a visitor to the Website registers to become a User, they must provide their identity and e-mail address in order to create a unique and personal User Account.
This data is necessary for the provision of the Service. More information about the collection and processing of your data is available in section 22 “Personal Data Policy” as well as in our privacy policy.
The user will then be able to create several profiles within this account so that each member of his household can use Osculteo services individually. The User undertakes to provide a valid e-mail address. The service includes various sections allowing Internet users to have a global or detailed view of the documents related to the searches performed.
Different features are available to users to perform new searches, refresh existing searches, request the deletion of a URL or identify similar results.
The purpose of the service is to provide the User with a centralized view of as many documents as possible concerning him/her on the Internet and to clean up content that could potentially damage his/her online reputation.
This monitoring system allows you to create, using keywords, searches and alerts based on the results of these searches. Osculteo offers to any new User registered as a private individual a free search on his complete name, and 2 additional searches. This research benefits from the alert system, as well as a monthly refresh of the results, i.e. twelve per year.
Other functionalities that the User can use according to his offer:
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- Creating a new search
- Search for similar content
- Request to delete a web page
- Request to delete data on the web
- Request to delete images
6- Purchase of “Removal” service
Any User may request the removal of negative content. The price of this service, starting from 49 euros including VAT, varies according to several criteria and will thus be the subject of a personalized estimate.
“Premium” service can be added to the initial order for an additional 60 €, by checking the box provided for this purpose, when validating the order. It allows the User to benefit from the following options:
- “Priority processing”: the user will benefit from the priority service. Its order will be validated and taken into account as a priority by our teams, and the steps taken will be given priority over simple orders. However, from the date of acceptance of your request, we have a period of two (2) clear months to deploy all the means at our disposal in order to obtain the result.
- “Satisfied or refunded guarantee”: in the event of failure of the mission, the User may request reimbursement of the removal action.
It is necessary to have an Osculteo account to be able to make removal requests.
In order to provide the requested service, the User will be invited to upload in his personal space the required documents to carry out the mission.
The documents required to carry out the service are as follows:
- A legible copy of an identity document to prove your identity to publishers or hosts
- A pre-established representation agreement that allows us to represent you to publishers and hosts.
These documents are used exclusively for the performance of the service. They are not subject to any other use, sharing or communication.
These documents will be automatically deleted at the end of the service or within a maximum period of one year.
For any request concerning your data, you can contact us by email: data@iprotego.com or consult our privacy policy.
7- Details on removal requests
The search results for which the User requests deletion must be consultable on the Google search engine and carried out from France on Google.fr.
The “Google News” search results, or those appearing in the “Top Stories” snippet are excluded from the service.
Requesting the removal of a web page does not offer the certainty that it will be realized. Osculteo undertakes to use all means necessary for the successful completion of the operation without guaranteeing that the expected result will necessarily be achieved. The removal of content is a best-efforts obligation and not a result requirements. The removal request is not a removal in itself: seeing content disappear from the search results of an engine such as Google is subject to several factors, usually involving several website editors and is not technically feasible, since there is no link between Osculteo and Google or other search engines or other websites. On the other hand, the deletion of content may conflict with certain rights: copyright, freedom of the press, freedom of speech… thus making deletion impossible to obtain. The user declares that he/she understands that, as a last resort, only the publisher of the disputed content is responsible for accepting the removal of information or a web page.
However, we have two (2) clear months from the date of acceptance of your request to process it and attempt to obtain a result. The mission will be deemed to have been accomplished as soon as the disputed content no longer appears in the results of search engines on the defined request (Surname, first name).
8- Offers and subscriptions
The User has the possibility to choose among different subscriptions including various Osculteo features, depending on the subscription chosen.
a ) Description of the offersAll our offers are available here.
– Free Osculteo offer (Starter):Each user creating an account will be able to benefit from the following features:
- Create e-reputation searches associated with a keyword, within the limit of 1 keyword;
- Automatic monthly update of the e-reputation diagnosis;
- the monitoring of 2 private data among the first 30 results of your last diagnosis
Each user holding the Solo offer will be able to benefit from the following features:
- Create e-reputation searches associated with a keyword within the limit of 2 audits;
- Automatic monthly update of the e-reputation diagnosis;
- The monitoring of 10 private data (5 by audits) among the results of the most frequently used search engine;
- Deletion of private data (telephone / email address) offered on the list of sites defined here
- Create e-reputation searches associated with a keyword, up to 7 audits;
- Automatic monthly update of the e-reputation diagnosis;
- The monitoring of 35 private data or 5 data by real-time audits on all the results associated with your profile.
- Deletion of private data (telephone / email address) offered on the list of sites defined here.
Your subscription is automatically renewed every month until its cancellation.
c) Terms of PaymentTo use the Solo or Family service, you must provide us with a payment method. A “Payment Method” refers to a current, valid, accepted, updatable payment method.
Unless you cancel your subscription before your monthly billing date, you authorize us to invoice you for the following month’s subscription fees via your Means of Payment (see “Termination” below).
d) Invoicing and Cancellation- Invoicing. The subscription fees will be invoiced each month on the calendar day corresponding to the beginning of the paid period of your subscription via your Payment Methods. You will be informed of the date of your next billing by email as well as in your User Account.
- Payment Methods. To benefit from the Solo or Family offers, you must provide us with a payment method. You can update your payment methods in your User Account. After any update, you authorize us to continue withdrawing your account via the relevant payment method. You are liable for any amount not withdrawn. If a payment fails due to the expiry of the card, insufficient balance or for any other reason, and you do not terminate your account, we may suspend your access to our service until we have successfully debited your account via a valid means of payment.
- Cancellation. You can cancel your Solo or Family subscription at any time and you will continue to have access to the service until the end of your monthly billing period. To the extent permitted by applicable regulations, payments are non-refundable and we do not provide refunds or credits for partial periods of use. To cancel your subscription, access your Account and follow the instructions.
You can request a change of your subscription to another offer at any time. The change of offer will be taken into account immediately.
9- Withdrawal right
Any consumer has a withdrawal period of 14 clear days from the acceptance of the offer, pursuant to Article L121-21 of the Consumer Code. Under Article L121-21-5 of the Consumer Code, the consumer has the possibility to request that the performance of the provision of services begin before the end of the withdrawal period.
A consumer who wishes to exercise his right of withdrawal before the end of this period when the performance of the service has begun shall be required to pay the trader an amount corresponding to the service provided until the communication of his decision to withdraw; this amount shall be proportionate to the total price of the service agreed in the contract.
If you take out a paid subscription, you authorize Osculteo to automatically invoice you each month until you cancel.
To exercise this right of withdrawal, all the user has to do is log into his Osculteo account, then send us his request by filling in the withdrawal form available in the Contact section of the site.
10- Modification of Terms of Use
The use of the Website implies the recognition and acceptance of the terms of this Agreement. If you refuse to accept this Agreement, it is your responsibility not to use or access the Website and its associated services. These General Terms and Conditions of Sale are applicable in their terms on the day of subscription as drafted on the Site. However, they may be subject to change. Any update is enforceable as soon as it has been put online. However, if we make a material 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.
11- Modification or deletion of services
We may at any time modify the contractual or technical conditions for the provision of a service (including the deletion of a component of a service), after having informed 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 Agreement. In the event of a substantial change, the latter may automatically terminate the services concerned, at the latest 2 months after the date of entry into force of the change, and this without termination costs. In the event of termination of the service, we may possibly offer the Customer to retain the service until the initially scheduled expiry date, provided that we are expressly informed of his or her intention to retain the said service within 15 days of the information sent by email.
12- Non-transferability of the Contract
Your User Account on the Website may not be sold or transferred to any other person or entity. If you use the Website on behalf of a legal entity, you represent and warrant that you have sufficient authority to bind such entity under this Agreement. The User certifies that he/she is using his/her true identity at the risk of having his/her user account suspended. You may not under any circumstances use the Website in a fraudulent manner or use it in a manner for which the Website is not reasonably intended.
13- Website Management and Operation
The publisher endeavours to allow access to the site 24/24, 7/7 except in the event of force majeure or an event beyond the publisher’s control and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site and services. The publisher cannot be held liable if it is impossible to access the site and/or use the Service. Osculteo reserves the right, at its sole discretion, to change or discontinue at any time any service(s) on the Website. You acknowledge and agree that Osculteo is not required to maintain the operation of the Website, any particular section or service (whether or not such unavailability is voluntary on the part of Osculteo).
14- User Account
You acknowledge and agree to keep confidential the Login and User Account that Osculteo has provided to you, the Password that you have selected and that has been approved by Osculteo for use of the User Account corresponding to that Login. Your Login, User Account and Password are personal and must not be shared or transferred to any person or entity. You acknowledge and agree to be solely responsible for all uses of your User Account, Login and corresponding Password. You also acknowledge and agree that Osculteo may consider the use of your User Account, Login or Password as conclusive evidence that you have used the Website.
15- Capacity and Guarantees
In addition to all your statements and warranties previously made, you warrant that you have the right and ability to enter into this Agreement.
16- Limitations and Liability of the website editor
You agree that Osculteo, its affiliates, their directors, officers, employees, owners, agents, representatives, shall not be liable for any direct or indirect, principal or incidental, material or consequential damages arising from your use of the Website. Finally, Osculteo makes no statement or warranty, express or implied, regarding works and content, viruses, worms, trojan horses or any other code with malicious, hostile, disruptive and/or destructive features. Osculteo declines all responsibility for all content transmitted or posted on the Website, including in particular any material or content transmitted or posted by a User on the Website, in a forum or as a comment on a blog. As soon as an illegal message, contrary to public order or morality is posted, the publisher of the site cannot be held responsible unless the presence of this message has been notified to him. From this notification, the publisher undertakes to act promptly to remove the disputed content.
17- Account deletion
Osculteo may, at its sole discretion, delete your user account at any time, in particular for a breach of any of the User’s statement, warranties or obligations under the TOS or in the event of the User’s inactivity on the Website. In case of deletion of the User account by Osculteo, a notification of the deletion will be sent to you by Osculteo. Osculteo will delete your Login and Password. The User may delete his account at any time by logging into his User Account on the Website or by sending a deletion request to Osculteo at data@iprotego.com.
18- Effect of deleting the account
From the date of deletion, your User Account will be cancelled and closed, your Login and Password will be deleted. Will also be deleted: Research already carried out The results associated with the research Personal information stored in your profile The current offer selected on your account Termination of this Agreement does not release the User from any obligations entered into prior to termination, or from any other obligation resulting from an ongoing deletion request, refresh or new research in progress.
19- Suspension
Osculteo reserves the right, at its sole discretion, for legitimate reasons, to suspend your User Account at any time for a certain period of time. If Osculteo decides to suspend your User Account, your searches and all the features offered by the customer area will be blocked.
20- User’s consent
iProtego ensures that the consent of its users is not tainted by a defect of any kind. In accordance with article 1369-5 of the French Civil Code, any user may check his order before confirming it, in order to ensure that it does not contain any errors. The customer’s consent is obtained as soon as he definitively validates his order by a second click. Once the order has been placed, the customer receives an acknowledgement of receipt of his order by e-mail to the address he has indicated to the company.
21- Privacy Policy
As part of the service offered, iProtego collects the following information: name, first name, email address.
To carry out the “deletion request” service, you will be asked to provide proof of identity to publishers and hosts. This document will be automatically deleted at the end of the service or within a maximum period of one year.
a) Invoice and transaction dataIf you subscribe to one of the fee-based offers, iProtego collects the necessary Data for billing, transaction management and accounting purposes. This Data includes information relating to the type(s) of subscription(s) subscribed to, information relating to your payment method, details of the transaction carried out.
iProtego does not have access to the credit card data that is stored at the payment provider.
b) Connection and navigation data on the Services- The IP address (indicating the location of the country and city of connection).
- The browser
Depending on the case, the user/customer data will be processed for the following purposes:
- Perform the service provision
- Customer relationship and service management
- Community management
- User account management
- Online purchase
- Subscription to services
- Management of unsubscription requests
- Newsletter management
- Statistics
- Improvement of our services and satisfaction survey
- Mobile application management
These purposes are based on the legal basis of the performance of a contract, the consent of the user/customer and the legitimate interest of the controller.
Under the terms of the law n° 78-17 of 6 January 1978 known as the Data Protection Act, any person may ask iProtego whether personal data concerning him/her is processed, the user has a right of access and a right of questioning. Similarly, if it is found that the data are inaccurate or out of date, it has the right to request their correction.
All information concerning the User is accessible via the User Account. The information stored by Osculteo can be modified and accessed. As part of the Diagnostics or Service, some information may be passed on 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 anyone, and are not stored in a nominative way.
iProtego undertakes to respect the confidentiality of the information provided by the User.
The information communicated through the forms on the website is necessary to respond to the Customer’s request and is intended exclusively for iProtego, as the controller for administrative management purposes and the performance of the expected services. This data is not used for any other purpose and is not communicated to anyone. iProtego undertakes to respect the confidentiality of the information communicated by the user. iProtego undertakes not to retain User Data beyond the period strictly necessary for the purposes for which it was collected and in accordance with applicable regulations.
iProtego undertakes to archive, anonymise and delete the Data as soon as the purpose or period of storage expires.
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 request by contacting: data@iprotego.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 to retrieve part of your data in an open and machine-readable format in order to store or transmit them easily from one information system to another, with a view to their reuse for personal purposes.
To exercise this right, you can contact: data@iprotego.com or request an archive of your data directly from your user account.
For more information, please consult our privacy policy
22- Information about the use of cookies
When visiting our website or application, personal information and other information about you may be stored on your computer in the form of “local storage”. Similar to a cookie, this system does not track user actions and is not retained when you log out.
Different types of cookies may be stored on your device when you access our services when you visit our Site or via our Application and fulfill the purposes described below:
– Technical cookies to enable you to browse the Site and our Application, and to allow you to access the various products and services on the Site and the Application. Technical Cookies include cookies that are strictly necessary for browsing our Site and our application. These cookies have a very short lifespan, for strictly necessary cookies, for session time, and for functionality cookies for session time, a few hours and at most, one week.
– Cookies for audience measurement
In addition to traffic analysis, they make it possible, if necessary, to detect navigation problems and therefore improve the ergonomics of our services. The traffic analysis services used by this Site and Application only provide statistics and traffic volumes, excluding any individual information. They do not allow you to track your browsing on other sites. The lifetime of these audience measurement cookies does not exceed 13 months.
Your choices about Cookies: By using our Site/Application you consent to the use of the aforementioned Cookies. However, you may choose at any time to disable all or part of these cookies. You acknowledge and agree that if you prohibit or limit the placement of cookies on your computer, such prohibition or restriction may have an adverse effect on your use of the Website. You can manage your cookie choices through your browser or device settings. Your browser can be set up to notify you of cookies that are stored on your device and ask you whether or not to accept them, on a case-by-case basis or to refuse them systematically once and for all. For more information, you can consult our cookie policy here.
23- Intellectual Property
The structure of this site as well as the graphic texts, images are the property of the publisher, intellectual works protected by copyright. Any reproduction and/or representation, in whole or in part, of the contents may not be made without the prior written permission of the publisher. Osculteo is a registered trademark, any reproduction and/or partial or total representation of the trademark may not be made without the prior written authorization of the publisher.
24- Customer Support
In accordance with the legislation in force, it is possible to contact us by telephone on 04 84 25 25 62 73, Monday to Friday from 9am to 12pm and from 1pm to 6pm for any additional information (price of a local call).
25- Applicable Law
The applicable law is French law. Any dispute related to the use of the site falls under the exclusive jurisdiction of the courts of the city of Marseille. These conditions may be translated. In the event of a dispute, the French version shall prevail.