General Terms of Use and Sale
Preamble
These General Terms of Use and Sale (GTUS, the “Agreement”) apply to the services offered on the website getonce.com (the “Site”) and in the Once mobile application, operated by TOP 5 LTD (“us,” “we,” the “Company”, “Application”, “Once”).
The service is published by TOP 5 (Limited shared company subject to the law of United Kingdom countries) which is registered in the Registrar of Companies for England and Wales under the registration number 9688309. The GTUS set out the rights and obligations of the parties in relation to the use of the mobile application. They form the basis of a contractual relationship between the member and TOP 5 LTD.
These GTUS set out the main rules for the use of the mobile application. They are supplemented by additional policies, the Personal Data Policy, the Cookie Policy and the Frequently Asked Questions (FAQ) to give the member more precise guidance for the use of the mobile application. In the event of a conflict between the various policies which renders the rules incomprehensible, unintelligible and/or unpredictable, these GTUS shall take precedence over the Personal Data Policy, the Cookie Policy and the FAQ.
If any provision of these GTUS is declared void or unenforceable pursuant to a law, regulation or judicial decision issued by a court with jurisdiction, the other provisions shall continue to be valid and effective, except where these GTUS are distorted or where this causes a significant imbalance in the parties’ obligations.
Article 1 - Definitions
In the GTUS, the words or expressions below shall have the following meanings:
Application : the ONCE application, which is available in the Apple App Store and the Google Play Store and on the Site.
GTUS : these General Terms of Use.
Account : the account is the Member’s personal space in the Application, which (s)he accesses by signing on and connecting to the Application. It enables the Member to access the Services.
Match : the situation where two Members have “Liked” each other.
Crown(s) : one or more unit(s) which can be used in the Application. A Crown enables a Member to:
- Send a Message to a Member without a Match (present or past);
- have an instant date;
- choose his/her next date;
- access more profiles in order to choose his/her next date;
- send a chat request to a Member whom you have “Liked” and “Noted”;
- have a bigger list of Members to note.
Send a Message : the action represented by a paper plane. Sending a message is a paid-for action which allows a message to be sent to a Member. Messages can be sent free of charge once a match has been made between two Members (the two Members have “Liked” each other).
Facebook Connect : the function that enables Members to use their Facebook account to identify themselves in the Application in order to make the sign-on process simpler.
Like : the action represented by a heart which is used to express interest. This action is visible but not reported to the “Liked” Member, until the “Liked” Member himself/herself likes.
Member(s) : a person (or group of persons) registered in the Application.
Rating : the action of giving a rating between 1 and 5 stars to the profile of a Member based on his/her physical attractiveness
ONCE : TOP 5 LTD (Limited shared company subject to the law of United Kingdom) which is registered in the Registrar of Companies for England and Wales under the registration number 9688309, the owner and sole operator of the Application, the Site and the “Once” brand.
Packs : sets of Crowns purchased by Members.
Pass : the action represented by a cross which expresses a lack of interest. This action is secret and not reported to the “Passed” Member. “Passed” profiles can no longer make contact with the Member in future, unless they “Like” the Member’s profile or a Message is sent by one party to the other (this is a paid-for action).
Next date : the next date that is chosen by the Application, or a paid-for action whereby the Member can independently choose his/her next date from among several profiles of suggested active Members.
Instant date : the action underneath the countdown on the main screen which shows the waiting time before the next date represented by a flash of lightning. An instant date is a paid-for action which makes it possible to be connected immediately with an active Member within the next few minutes.
Services : all services, whether paid for or not, which are offered by ONCE in order to facilitate virtual or real dates between Members who are interested in each other, based on the selected search criteria.
Site : the website www.getonce.com.
Article 2: Applicable Law and disputes
These Terms of Use shall be governed, construed and applied in accordance with Swiss law, subject to the protection that is given to Members by the mandatory provisions of French law. In the event of a dispute over the meaning of any provision or term of the GTUS, the Member can contact ONCE by letter sent to Top 5 LTD, Wenlock Studios, Unit 204 50-52 Wharf Rd London N1 7EU, United Kingdom or by sending an email directly to hello@getonce.com.
In the event of a dispute, the Member shall contact ONCE in the first instance in order to settle the conflict amicably. Disputes which are not settled amicably shall be referred to the Courts with jurisdiction in the Canton of Schwyz subject to the mandatory provisions of French law with regard to the jurisdiction of courts and the possibility of referral to a consumer mediator in accordance with Title I of Book VI of the Consumer Code.
Article 3 – Changes to the Services and Terms of Use
ONCE may amend the GTUS at any time. The Member will be informed of the nature of such amendments when they are placed online on the Site and in the Application. The new GTUS will be communicated through the Application and/or by sending an email to the address provided by the Member and will apply immediately;
- For Members who signed up after amendments were posted online on the Site, these amendments will be applicable to them immediately as they will have agreed to them explicitly when they became a Member.
- For Members who signed up before the amendments were posted online on the Site, these amendments will be deemed to have been accepted unconditionally by the Member if (s)he continues to use the Services in the Application.
The Member must read the GTUS carefully when they are updated and familiarise himself/herself fully with the resulting amendments. If (s)he does not agree to the amendments to the GTUS, the Member can terminate the Services and cancel his/her Account in accordance with article 11.
Article 4: Terms of access and Registration for the Services
The Application can be downloaded free of charge in the Apple App Store for iPhones running iOS 7.0 or higher, in the Google Play Store for Android smartphones running version 4.1 or higher, and through the Site. Where the requirements for Member status are met, ONCE will assign an Account containing the following to the Member personally:
- An editable profile
- A chat space
- A date history
To sign up, any person who is interested in the Services must be at least 18 years old and have read and agreed to these GTUS, the Cookie Policy and the Personal Data Policy.
When registration occurs via Facebook Connect, this enables ONCE to use the profile photo, first name, age deduced from the date of birth and interests of the Member to create a “profile” page for him/her. The Member must therefore check that his/her details in Facebook are correct before registering for the Services.
Registration can also be performed by email, which enables ONCE to ask the user to provide his/her email address and telephone number in order to confirm his/her registration by text message.
When registering, the Member agrees to these GTUS and the Personal Data Policy and undertakes to fulfil his/her obligations as stated in article 7 of these GTUS.
Article 5: Services and functions
The Application gives ONCE Members a personal and private environment which enables them to make contact with other Members selected on the basis of the compatibility criteria (proximity and search criteria entered in Members’ profiles) in order to arrange virtual or real dates. Each Member is free to talk to and form relationships with other Members in accordance with these GTUS.
Free services
The following ONCE Services are available from the Application free of charge (excluding connection costs and telecommunications charges) for the Member, who undertakes to comply with these GTUS:
- One or more daily date(s) with another Member. The Member to whom a Member is suggested is also suggested to him/her. Members have 24 hours to indicate whether they like each other;
- Liking profiles of Members suggested by ONCE;
- Unlimited sending of Messages and photos in the event of a Match;
- Confidentially visiting an unlimited number of profiles of suggested Members unless one party blocks the other. If there is no Match, the profile will be accessible from the dating history and will disappear after 30 days;
- Noting other Members’ profiles
- Passing an unlimited number of profiles of Members suggested by ONCE;
- Confidentially blocking all Members whose behaviour justifies this decision;
- Confidentially reporting all Members whose behaviour is contrary to these GTUS or the applicable law;
- Viewing the list of Passed Members;
- Configuring his/her search preferences;
- Receiving notifications;
- Viewing the FAQ and the tutorial;
- Adding to his/her profile, in accordance with these GTUS.
Services which are paid for with Crowns
The paid-for Services that are made available through the Application can be accessed by Members by purchasing Packs of Crowns.
A Crown enables a Member:
- to Send a Message to a Member with whom (s)he has been put in contact if there has not been a Match (within 30 days);
- to Get an Instant Date in order to avoid having to wait until the Next Date;
- to choose his/her next date from a list of potential dates, without the chosen Member being aware of this;
- to access a bigger list of potential dates than the one initially shown;
- to send a chat request to a Member whom you have “Noted”;
- to have a bigger list of Members to note.
- to discover a person who wants to chat with you.
Purchased Crowns have no time-limit and can be accumulated. They are valid indefinitely in accordance with these GTUS. However, in the event of early termination due to a breach of these GTUS, ONCE reserves the right to cancel the Member’s Account without the option of reimbursement for Crowns which are still registered in the Member’s Account.
Special case of offered Crowns: ONCE can offer Crowns to Members through its loyalty programme or for a special occasion.
Crowns cannot be purchased singly. They are available in the form of Packs of several Crowns and in accordance with the pricing terms stated in the Apple App Store, in the Google Play Store and on the Site. A Pack of 3 Crowns is offered to women and one Crown is offered to men when registering in the Application.
“ONCE VIP” subscription
Any Member can also decide to take out a subscription in order to benefit from the following Services in addition to the Services that are accessible through Packs of Crowns:
- Indicate your date proximity preferences;
- Receive your “non-blurred” chat requests;
- Receive 3 extra matches a day (according to the availabilities set on the basis of your criteria);
- Find out who has secretly “liked” you.
Each Member can take out a subscription for the following periods and fees:
| Period | Monthly Fee | Fees (one-off purchase) |
|---|---|---|
| 1 month | EUR 19.99 | EUR 19.99 |
| 3 months | EUR 15.00 | EUR 44.99 |
| 6 months | EUR 10.00 | EUR 59.99 |
When a subscription is taken out, a copy of these GTUS on a durable medium will be supplied to the Member via the email address that was provided.
Subscribing through the Application
To take out a subscription, the Member must go to the “VIP” section of the Application and press “Subscribe”. The Member then chooses the desired length of the subscription (1, 3 or 6 months) and presses “Continue”. The Member is explicitly informed that taking out a subscription creates an obligation to pay for it.
The financial terms of the subscription contract entered into through the Application are those of the relevant store (App Store for iOS devices and Play Store for Android devices).
The main financial terms of the subscription contract entered into through the Application are as follows:
- Payment in full at the time of ordering: the amount that is charged for a subscription is payable in full when the contract is entered into.
For example, if a Member takes out a subscription for a period of three (3) months, the Member will be charged the corresponding amount (EUR 44.99) when taking out the subscription.
Automatic renewal: after each subscription period, the contract is renewed automatically for the period that was initially agreed unless the Member terminates his/her subscription no later than 24 (twenty-four) hours before the initial period ends. The total amount that is charged for each renewal period will be charged within 24 (twenty-four) hours before the end of the initial period.
Cancelling your subscription: You can cancel your subscription at any time by going into your account settings in the store and deactivating your automatic renewal.
The Member will be reminded of these terms before pressing “Continue” and thereby confirming his/her subscription.
To ensure that (s)he receives full and up-to-date information, the Member should refer to the general terms of the stores. These can be accessed via the links below, among other places:
App Store : https://www.apple.com/legal/internet-services/itunes/fr/terms.html
Play Store : https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=androidbuyertos&ldr=FR&ldl=und
Subscribing through the Site
To take out a subscription, the Member must go to the “VIP” section of the Site and press “Subscribe”. The Member then chooses the desired length of the subscription (1, 3 or 6 months) and presses “Continue”. The Member is explicitly informed that taking out a subscription creates an obligation to pay for it.
- Payment in full at the time of ordering: the amount that is charged for a subscription is payable in full when the contract is entered into.
For example, if a Member takes out a subscription for a period of three (3) months, the Member will be charged the corresponding amount (EUR 44.99) when taking out the subscription.
Automatic renewal: after each subscription period, the contract is renewed automatically for the period that was initially agreed unless the Member terminates his/her subscription no later than 24 (twenty-four) hours before the initial period ends. The total amount that is charged for each renewal period will be charged within 24 (twenty-four) hours before the end of the initial period.
Cancelling your subscription: You can cancel your subscription at any time by going into your account settings and deactivating your automatic renewal.
The Member will be reminded of these terms before pressing “Continue” and thereby confirming his/her subscription.
If a subscription contract is entered into through the Site, the user will be asked to use the services of Stripe in order to make the required payment. When doing this, the user must read and agree to Stripe’s general terms ( https://stripe.com/fr/checkout/legal). The general terms of Stripe are separate from those of ONCE and Stripe has sole responsibility for setting them.
Trials
From time to time, ONCE may offer free or discounted paying Subscription “Trials” for a specific period. ONCE reserves the right, in its absolute discretion, to determine its Members eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, ONCE will require Members to provide their payment details through the Application and hence, the associated store, or through the Website, to start the Trial. The financial terms of the subscription contract entered into through the Application are those of the relevant store (App Store for iOS devices and Play Store for Android devices).
At the end of such Trials, Members may automatically be charged, on the first day following the end of the Trial. Members agree to this charge using such payment details. Members may cancel their Subscription at any time to avoid being charged at the end of the Trial, in accordance to relevant Store and / or Website procedures.
Payment security
Packs of Crowns and subscriptions can be paid for securely by the payment methods allowed and required by the Apple App Store, the Android Google Play Store or Stripe for payments through the Site. The Apple App Store, the Android Google Play Store and Stripe have sole responsibility for the methods and process of payment, in which ONCE has no authority to intervene in accordance with the terms laid down by the platforms. Any requests for reimbursements or requests relating to payment must be made to Apple, Android or Stripe depending on the interface (Application or Site) from which the purchase was made. Bank details are collected directly by Apple, Android or Stripe and are not collected or processed by ONCE.
Article 6: ONCE Personal Data Policy
When registering on the Site or in the Application, users must provide details which relate to them in accordance with article 4.
This information undergoes automated processing by ONCE.
When confirming his/her registration in the Application and/or on the Site, the user must read the ONCE Personal Data Policy. The personal data processing that is performed by ONCE is necessary to perform a contract to which the Member is a party.
ONCE uses cookies to operate and improve the Site and also improve the Services that are offered. By continuing to browse the Site, the Member consents to the use of cookies in accordance with the ONCE Cookie Policy.
In accordance with articles 38 et seq. of Law no. 78-17 of 6 January 1978 as amended by Law no. 2004-801 of 6 August 2004 on data processing, files and freedoms, anyone can access and, if necessary, correct or erase personal data which relates to them by contacting ONCE, whose contact details are given in article 2 of these GTUS. Anyone can also, for legitimate reasons, object to the processing of personal data which relates to him/her.
Article 7: Obligations and responsibilities of Members
Obligations
Members undertake to do the following when using the Services specified in article 5:
- To be honest and sincere in what they say;
- To comply with current laws and regulations and not violate public order;
- To respect intellectual or industrial property rights;
- Not to put photos of a third party online;
- Not to perpetrate any offences of defamation, abuse or provocations, including of a racial or discriminatory nature, or vindication of war crimes or crimes against humanity;
- To comply with the rules regarding morality and propriety, and in particular not to disseminate any pornographic or exhibitionist content and not to incite violence or racial hatred in any way whatsoever;
- Not to communicate their passwords and other confidential codes enabling third parties or other Members to access the Services from their Account;
- Not to use any software, applications, interfaces or third-party assistance in order to interfere in contact which is made with other Members of the Application (the Application’s credibility is based on the genuineness of interaction);
- To respect the confidentiality of correspondence and privacy of other Members; Not to broadcast or disclose the content of correspondence and messages which have been sent to them directly through Services which have been made available to them;
- To refrain from proposing or suggesting to other Members anything which is contrary to their expressed wishes;
- To be polite and courteous towards other Members;
- Not to undermine the Services, the Site or the Application;
- Not to offer, solicit or promote paid-for goods or services or financial compensation; prostitution is formally prohibited on the Site and in the Application;
- Not to divert Members away from the Application to another site or application, or a rival service;
- To refrain from using the Site and the Application for commercial or advertising purposes;
- Not to organise any demonstrations or group meetings of members through the Site, the Application and the Services made available to them.
Responsibilities
Responsibility for the performance of obligations and moderation by ONCE of content published by a Member
Responsibility:
The Member has sole responsibility for his/her actions and data which (s)he publishes via the Application and, in particular, photos published by the Member and the description that is added to his/her profile. Photos published by the Member cannot be illustrations or feature nudity or pornographic content. If ONCE is held liable for the Member’s non-performance of his/her obligations, the Member shall hold ONCE harmless from any convictions pronounced against it which arise out of the Member’s violation of the law or these GTUS.
All pornographic or exhibitionist photos which are indecent and generally contrary to moral standards are formally prohibited.
Moderation:
Checks carried out by ONCE:
When a Member registers, ONCE moderates the content published by Members (photos published and descriptions added to profiles). ONCE also checks that each photo published by a Member is in accordance with these GTUS (in particular article 7 above) and enables the Member to be identified. ONCE reserves the right to remove all content (messages, photos or other) which does not meet the aforementioned requirements.
As such, a photo published by a Member can be rejected by ONCE in the following situations:
- the photo is an illustration;
- the photo does not show a visible face;
- the photo features nudity or is pornographic or exhibitionist;
- the photo is too blurred for the Member to be identifiable;
- the photo is a group photo and does not enable the Member to be identified.
In this event, the photo will be deleted from ONCE’s servers and the Member will be invited to submit a new photo.
In addition, publishing pornographic or exhibitionist photos which are indecent, incite violence or racial hatred and are generally contrary to moral standards constitutes serious misconduct which may result in suspension and/or cancellation of the Member’s Account, without prejudice to other penalties which may be imposed by the courts.
The consequences of the moderation performed by ONCE are set out in article 11 of the GTUS (“Cancellation of the Account by ONCE in the event of breaches of the GTUS”).
ONCE uses an external service provider to help it detect photos which are not in accordance with these GTUS.
No decisions are taken solely on the basis of automated processing of personal data.
Reporting by Members:
While using the Application and/or the Site, any Member can report illegal content which contravenes applicable law or these GTUS using the moderation tools provided by the Application / the Site in the menu that appears on each chat screen with the word “Report”.
Responsibility in relation to real dates
ONCE gives the following warning to Members who wish to go on “real” dates. Members are solely responsible for checking the identity of persons with whom they arrange these dates. These “real” dates are arranged independently of ONCE, at the sole responsibility of Members. ONCE cannot be held liable for acts and problems of any kind which are committed or caused by Members and/or former Members during events which take place as a result of the use of the Application / the Site. In this respect, ONCE messaging deliberately offers the advantage, once again to protect the peace of mind and safety of its Members, of enabling Members to choose which persons will be allowed to see their profiles and talk to them. With regard to persons with whom the Member has agreed to exchange messages, it is strongly recommended that (s)he does not disclose information which does not appear on the ONCE profile such as his/her telephone number, address or surname. As a safety measure, ONCE very strongly recommends that real dates should only be arranged in very busy public places or that the Member should tell a person close to him/her about them, and that contact details should only be disclosed after a reasonable period of time.
Responsibility in relation to the Member’s equipment
The cost of equipment (hardware or software) which is necessary to access the Services and all other associated costs, including telecommunications charges, are solely payable by the Member. The Member has sole responsibility for the equipment that is used for the purposes of the Service.
Article 8: Combating fraud
To maintain Members’ trust in each other and increase the safety of its Members, ONCE implements a system to combat fraudulent profiles of users who perpetrate abuse, scams or illegal activities of any kind through their Account.
On the basis of objective and cumulative criteria (complaints from Members, use of VPN, use of photos of third parties including celebrities, location very far from the one stated in the profile, requests for money or transfers of money made through the Application’s chat service), ONCE will examine the profile of the Member concerned.
If it is ascertained by ONCE that the Member is perpetrating abuse, scams or any other illegal activity, ONCE will close his/her account.
ONCE uses an external service provider to help it detect fraudulent behaviours.
No decisions are taken solely on the basis of automated processing of personal data.
Article 9: Obligations and responsibilities of ONCE
Obligations
ONCE undertakes to provide the infrastructure and technical resources that are required to provide a high-quality Service to Members who have an iPhone terminal which runs on the operating system IOS 7.0 or higher or an Android Smartphone which runs on version 4.1 or higher. ONCE cannot be held responsible for any malfunctions of the Member’s terminal or problems in terms of compatibility between the Application and the terminal. Every effort is made to minimise the risk of fraudulent access to ONCE’s system. To this end, ONCE uses a firewall (equipment located between the Internet and the private network of a company to increase the security of the latter by filtering traffic from or to the Internet). However, it is impossible to guarantee that a network is entirely secure. ONCE is not responsible for breakdowns, interruptions or improper operation of the services of the Member’s Internet access provider, and any cause external to ONCE which may interrupt or impair access to ONCE Services. The Member must ensure that (s)he has a secure email address. Despite these precautions or due to failure to take them, the Member’s Account may be subject to fraud. ONCE also wishes to warn the Member of any exceptional risk of receiving unwanted Messages or Messages purporting to come from ONCE. The Member must be careful and vigilant so that, if these situations arise, (s)he can warn ONCE by sending a letter or email to the address given in article 2 of these GTUS.
Liability
ONCE and its partners cannot be held liable for actions committed by its Members which are illegal or punishable by criminal penalties, including but not limited to:
Illegal behaviours
ONCE is not responsible for cases of fraud, scams, deception, identity theft, prostitution, infringement of intellectual property of third parties and other criminal offences committed by Members through the Site and the Application and the Services that are made available to them.
Contentious content
ONCE is not responsible for contentious content disseminated by Members and reserves the right to save any contentious content, including in order to pass it on to the competent authorities.
Real dates
ONCE is not responsible for real dates arranged by Members. Members who wish to arrange such meetings are reminded that they do so at their own liability as stated in article 7.2.3 of these GTUS, as ONCE cannot guarantee the truthfulness of information communicated by Members.
Group demonstrations
ONCE prohibits the organisation by Members or third parties of demonstration(s) or group meeting(s) of its members through the Site and/or Application made available to Members. ONCE cannot be held liable for disturbances of public order or damage caused by Members and third parties who have attended such meetings.
Article 10: Intellectual property
Trademark
The trademark “Once” is solely owned by ONCE. ONCE owns all rights associated with it. The trademark has been registered at the Institut National de Propriété Industrielle under number 144 118 105 and at the United States Patent and Trademark Office (USPTO) under number 4984545. Any reproduction and/or use and/or partial or full application and/or alteration and/or removal of the trademark and the associated rights, such as but not limited to the slogan and logo proposed by the Application, by any means, in any form, on any medium and through any media, is strictly prohibited without express prior written permission from ONCE and shall be liable to prosecution. The Member must not use meta-tags or any other “hidden” text containing the name or trademark “Once” without the explicit written consent of ONCE. The trademark is protected by articles L713-2 et seq. of the Intellectual Property Code and by international intellectual property law.
Copyright
ONCE owns all intellectual property rights associated with the Application and the Site.
As part of and solely for the purposes of normal use of the Site or the Application, ONCE grants the Member a right to use works which appear in the Application and on the Site, such as but not limited to texts, paginations, presentations, layouts, photographs, images, drawings, graphics, buttons, videos, sounds and data (“Works”).
The licence to use the Works which is granted by ONCE to the Member is non-exclusive and non-transferable and is reserved for private, personal and non-commercial use, worldwide, as part of and during the period of registration for the Services. It is forbidden to sell, rent out, lend, distribute or sub-licence all or part of a Work or transfer any right to all or part of this Work. It is forbidden to copy, modify or otherwise alter a Work, in whole or in part, create works derived from a Work or incorporate all or part of a Work into other works of any kind.
Works are protected under L122-4 et seq. and L335-3 et seq. of the Intellectual Property Code and by international intellectual property law.
Software
The following terms apply to all software (source codes, updates and development, preparatory design material and associated documentation) of ONCE which is used in connection with the Services (Software). All Software is the property of ONCE, which owns all intellectual property rights and associated rights of use. The Software is protected by article L122-6 of the Intellectual Property Code and by international intellectual property law. As part of and solely for the purposes of normal use of the Site or the Application, ONCE grants the Member a provisional right to reproduce the Software. This right to reproduce includes the right to load, display and run the Software. Rights which are not explicitly granted to the Member are retained by ONCE. The right of use which is granted by ONCE to the Member is non-exclusive and non-transferable and is reserved for private and personal use, worldwide, as part of and during the period of registration for the Services. It is forbidden to sell, rent out, lend, distribute or sub-licence all or part of a Software program or transfer any right to all or part of this Software. It is forbidden to incorporate all or part of a Software program into other programs, compile all or part of a Software program with another program, transfer all or part of a Software program in order to use it with another service or copy, modify or otherwise alter all or part of a Software program, create works derived from the Software program or reverse engineer or decompile a Software program in whole or in part, except insofar as the law allows. To keep Software up to date, ONCE may offer automatic or manual updates at any time and without prior notice.
Use of the database
The database associated with the Application and the Site is the sole property of ONCE, which owns all associated intellectual property rights.
It is forbidden to extract, by way of a permanent or temporary transfer, all or a qualitatively or quantitatively substantial part of the contents of the Application or the Site onto another medium, by any means and in any form whatsoever.
It is also forbidden to reuse, by making them available to the public, all or a qualitatively or quantitatively substantial part of the contents of the Application or the Site, regardless of their form.
Finally, repeatedly and systematically extracting or reusing qualitatively or quantitatively insubstantial parts of the Application or the Site is forbidden where such operations manifestly go beyond the normal terms of use of the Application or the Site.
Unfair competition
Designing a product which is similar to the Application or the Site or creating a product derived from them, and more generally engaging in parasitic use, acts of imitation, smearing or any other act which constitutes unfair competition, is formally prohibited. Where appropriate, ONCE reserves the right to sue the Member in order to obtain full compensation for the loss caused to it by the Member.
The Member shall be liable to penalties if (s)he grants or attempts to grant licences or sub-licences, sell, resell, transfer, assign or distribute the Services, Application or Site in any way, or otherwise commercially exploit them or make them available to third parties.
Content disseminated by the Member
The Member grants ONCE a licence to use the intellectual property rights attached to the content provided by the Member during his/her use of the Services. This licence shall be used by ONCE in a manner which respects his/her right to his/her own image and protects the Member’s personal data, without affecting the genuineness of the Member’s profile and in a manner which is consistent with his/her profile. In particular, this licence includes the right for ONCE to reproduce, represent and alter the aforementioned content in order to comply with the style guide for the Services and make them compatible with its technical performance levels or the formats of the media concerned. These rights are granted on a worldwide basis and for as long as the Terms of Use apply between the Member and ONCE.
The Member shall retain ownership of the content and personal data that (s)he provides. The Member shall hold ONCE harmless from any legal action, appeals or convictions pronounced against it which arise out of the Member’s infringement of intellectual property belonging to a third party. The Member shall hold ONCE harmless from any claims or damages that may result from them.
Article 11: Cancellation
Cancellation by the Member
Deactivation and removal of the Account : At any time, the Member can deactivate his/her Account without notice via the Application if (s)he no longer wishes to be visible in it.
When the profile is deactivated:
- The Member’s profile will be made invisible to other Members for the past and future;
- If the Account is reactivated within 1 year after the Account is deactivated, the stored data will be reassigned to his/her profile and the profile will become visible again.
Deletion of Account : The Member can decide to permanently delete his/her Account by sending an email or letter to ONCE, whose postal and email addresses appear in article 2 of these GTUS, at any time and without notice. The Member’s profile will consequently be permanently deleted. If the Member wishes to start using the Application again, (s)he will be obliged to register in the same way as for an initial registration.
When the Account is deleted:
- The Member’s profile will be made invisible to other Members;
- The Member’s identifying details will be kept for 1 (one) year following this date in case fraudulent behaviour is reported or complaints are made by another Member against the Member;
- The Member cannot reactivate his/her old Account.
Cancellation of the “ONCE VIP” subscription 24 hours before the end of the initial period : If the Member has signed up for a subscription in accordance with article 5.3 of the GTUS, the Member is informed that the contract shall be renewed automatically after each subscription period for the period that was originally agreed unless the Member terminates his/her subscription no later than 24 (twenty-four) hours before the end of the initial period.
In accordance with article L. 215-4 of the Consumer Code, the provisions of articles L. 215-1 to L. 215-3 et L. 241-3 are reproduced in full in the service provision contracts to which they apply.
Article L. 215-1 of the Consumer Code:
For service provision contracts which are entered into for a fixed period with a tacit renewal clause, the professional who is providing the services shall inform the consumer in writing, by way of a dedicated personal letter or email, no more than three months and no less than one month before the end of the period within which renewal can be rejected, of the option of not renewing the contract which (s)he has entered into with a tacit renewal clause. This information, which shall be worded in a way which is clear and easy to understand, shall mention, in a visible box, the time-limit for non-renewal.
Where this information has not been sent to him/her in accordance with the provisions of the first paragraph, the consumer can terminate the contract free of charge, at any time from the date of renewal.
Advances paid after the last date of renewal or, for contracts of indefinite length, after the date of transformation of the initial fixed-term contract shall, in this event, be paid back within thirty days following the date of termination, less any amounts for performance of the contract up until the date of termination.
The provisions of this article apply without prejudice to those which legally make certain contracts subject to special rules with regard to consumer information.
Article L. 215-2 of the Consumer Code:
The provisions of this chapter are not applicable to providers of drinking water and sanitation services.
Article L. 215-3 of the Consumer Code:
The provisions of this chapter are also applicable to contracts entered into between professional persons and non-professional persons.
Article L. 241-3 of the Consumer Code:
If the professional person has not issued a refund as stipulated in article L. 215-1, interest shall be payable at the statutory rate on the amounts owed.
Termination of the Account by ONCE if the GTUS are breached
If a Member breaches the GTUS, his/her Account can be suspended at any time as a precautionary measure and then terminated as of right by ONCE.
At any time, and in the event that these GTUS are not complied with by a Member, ONCE shall be free to suspend access to his/her Account which is accessible from the Site and the Application for a period of 1 (one) month. ONCE will inform the Member whose Account is suspended of this decision by sending a notice in the Application and/or by email. The Member will be invited to contact the customer service department of ONCE by email in order to provide explanations in answer to the criticisms made against him/her. If (s)he fails to respond and/or if his/her explanations do not justify the breach, ONCE may give the Member notice of the termination of his/her Account through the Application and/or by email and inform the Member of the period for which (s)he will be unable to re-register in the Application. If no period is specified, this period shall be 3 (three) years following notice of the termination of the Account.
When the Account is terminated:
- The Member’s profile will be made invisible to other Members;
- The Member’s identifying details will be kept for 1 (one) year from this date onwards;
- The Member will not be able to reopen an Account for a maximum period of 3 (three) years following notice of the termination of the Account.
Article 12: Making Contact
With the Member
Sending mobile and email notifications: The Member may receive notifications through the Application and/or by email so that (s)he can be informed of the events listed below, depending on the type of Services that are available through his/her Account:
- The daily date(s) communicated at midday daily by ONCE;
- A reciprocal Like received from another Member;
- Another Member viewing his/her profile;
- A Message which is being written by a Member;
- A Message or photo received from another Member;
- An Instant Date;
- Find out who has secretly “liked” you
- A Message from ONCE about the Member’s Account.
The email address to which notifications are sent shall be the one that was given by the Member when registering. Notifications can be configured directly from the Member’s Account and can be turned off at any time.
Newsletter : When registering in the Application, the Member shall agree to receive a newsletter from ONCE. (S)he can unsubscribe at any time by exercising his/her right to object by clicking on the link to unsubscribe at the bottom of each email received from ONCE.
With ONCE
Members can contact ONCE directly by post at the address: Top 5 LTD, Wenlock Studios, Unit 204 50-52 Wharf Rd London N1 7EU, United Kingdom or by email at hello@getonce.com.
Personal Data Policy
Version of 10/09/2018
Except where explicitly agreed otherwise, the capitalised terms are deemed to have the same meanings as those specified in the Once Terms of Use and Sale.
Introduction
Once attaches great importance to respecting your privacy and protecting your Personal Data, as defined in Regulation No 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (hereinafter “GDPR”). The following provisions constitute the Personal Data Policy in relation to the following types of processing carried out by Once (Top 5 LTD, Wenlock Studios, Unit 204 50-52 Wharf Rd London N1 7EU, United Kingdom, hello@getonce.com) via the Site and the Application, in its capacity as controller of the aforementioned processing. It is pointed out that the Personal Data collected by Once is adequate, relevant and not excessive for the purposes for which it is collected and its subsequent processing.
1. Purposes and legal basis of processing
Management and use of the Application and the Site:
Once collects, processes and uses your Personal Data to:
- enable you to use the Application and benefit from the Services;
- communicate with you by email, text message or post;
- improve our service (data analysis, research and development, detection of fraudulent behaviours, with no moderation decisions being taken solely on the basis of automated processing)
This processing of Personal Data carried out by Once is necessary for the performance of a contract to which the Member is a party. As part of this processing, Once collects and processes “sensitive” data (sexual orientation, etc. – see “Categories of personal data collected” below). The processing of this sensitive data is based on your explicit consent, given in the form of your registration. By logging in via Facebook Connect and ticking the box dedicated at the time of registration, the Member gives his/her consent to the processing by Once of the related data (see “Categories of personal data collected” below) for the above-mentioned purpose.
Newsletters: Once processes Personal Data in order to send you emails about products and services offered by Once. Once has a legitimate interest in carrying out this processing of Personal Data for sales prospecting purposes. You have the option of objecting to such processing of your Personal Data.
Applications management: Through the Site, Once publishes job offers for which you can apply. For this purpose, Once performs processing of collected Personal Data on the basis of the applicant’s consent.
2. Categories of personal data collected
Management and use of the Application and the Site:
The Personal Data that must be collected by Once is as follows (if this data is not provided, you will not be able to benefit from the Services):
- If registering by email: first name, age, email address, sex, geographical location and photo(s)
- Registration via telephone number: first name, age, telephone number, email address, sex, geographical location, and photo(s).
- If registering via Facebook Connect (and if the user grants access to this data): first and last name, date of birth, email address, friend list, photos, interests and likes as published on Facebook.
- Sensitive data: sexual preferences (heterosexual, homosexual, bisexual).
The optional Personal Data that is collected by Once is as follows:
- Height, education, job, employer, languages spoken, tobacco consumption, alcohol consumption, marital status;
- Sensitive data: sexual orientation, religion, ethnic and/or religious date preferences, political views.
- Data collected through surveys
- Data collected through customer service: we collect the information that you give us as part of this interaction. Sometimes, we monitor or record these interactions for training purposes and in order to guarantee a high quality of service.
- Data arising out of use of the service: All data relating to all activity on the Site and in the Application. This includes all actions performed via the Site and the Application, your logins, your login times and all interactions with other users.
- Data relating to your peripherals: models and version of the operating system for the purposes of improving mobile applications.
- Data from other partners: we may receive data from our partners which enables us to know which marketing source you joined Once through.
Newsletters: In order to send you its newsletters, Once collects and processes the email address provided. The user is free not to provide it. Provision of your email address is mandatory if you wish to receive newsletters from Once.
Applications management: If you wish to apply for a vacancy published on the Site, Once will collect the Personal Data that is strictly necessary to assess the applicant’s ability to do the envisaged job.
3. Retention period
Personal Data is kept for no longer than the period necessary for the purposes for which it is collected and processed.
4. Sharing of your personal data
Management and use of the Application and the Site:
Your Personal Data is can be sent to the following third parties:
Members: other Members of ONCE to whom the Member is suggested for the purposes of dates can access the Personal Data published by the Member through his/her profile.
Service providers: Once may share your Personal Data with third parties who provide certain services on Once’s behalf, such as external services, including for data hosting and maintenance, analyses, customer support, payment processing and security operations. We go through a rigorous screening process before hiring any service provider or working with any partner. All of our service providers and partners are bound by strict obligations in relation to confidentiality.
Recipients of your Personal Data are carefully selected by Once and are required to implement a Personal Data policy which meets its requirements. Once ensures that these requirements are met through contracts and other measures, so that your Personal Data is not processed for purposes other than those specified herein, including for advertising purposes.
Newsletters:
Service providers: Once may share your Personal Data with third parties who provide certain services on Once’s behalf, such as external services, marketing and advertising. We go through a rigorous screening process before hiring any service provider or working with any partner. All of our service providers and partners are bound by strict obligations in relation to confidentiality.
Applications management:
Service providers: Once may share your Personal Data with third parties who provide certain services on Once’s behalf, such as external services, in order to recruit and follow up on applications. We go through a rigorous screening process before hiring any service provider or working with any partner. All of our service providers and partners are bound by strict obligations in relation to confidentiality.
Transfer of business: Your Personal Data may also be sent to third parties in connection with a transfer of business from Once to a third company (merger, transfer, winding up, etc.). In this event, you will be informed of any such transfer of your Personal Data and will have the option of objecting to this transfer.
Other: Once may pass on your Personal Data if this is required by law, by a court or by the authorities or appears to be necessary to enable Once to establish that its rights exist or to exercise its rights. Once may also pass on your Personal Data in order to protect its rights, for the protection and safety of the company, users, its staff or others, to comply with applicable law, or to enforce its GTUS or any other contract or policy.
5. Transfers of personal data
The sharing of your Personal Data referred to above sometimes involves cross-border data transfers, for example to the United States of America and other countries. Where transfers of Personal Data are made to countries, such as the United States of America, whose legislation does not provide an adequate level of protection, we use standard contractual clauses approved by the European Commission or other appropriate safeguard clauses to govern these transfers and protect the confidentiality and safety of your data.
6. Cookies
Once uses cookies to operate and improve the Site and also to improve the Services that are offered to you. Once reminds you that by continuing to browse the Site, you have given your consent to the use of cookies. To find out more about them and configure cookies, please read the Cookie Policy.
7. Relationships with third parties
Links to third-party websites The Site and Messages sent by other Members may contain links to third-party websites which are not controlled by Once. Once is not responsible for the practices of such third parties in terms of Personal Data protection and encourages you to take note of the statements and practices of such third parties in this regard. When you leave the Site or the Application, this Personal Data Policy no longer applies.
8. Security
Once takes all precautions necessary to protect the security of your Personal Data, including preventing it from being distorted or damaged and preventing unauthorised third parties from accessing it.
9. Your rights
You have a right to ask Once for access to information concerning you (art. 15 GDPR), rectification (art. 16 GDPR) or erasure (art. 17 GDPR) of such information, and restriction of processing (art. 18 GDPR). You also have a right to data portability (art. 20 GDPR).
You may also, as specified in article 21 GDPR, object to the processing of your Personal Data. To this end, you can unsubscribe at any time from Once’s sales prospecting lists by sending an email to the address hello@getonce.com.
You can also withdraw your consent at any time, without such withdrawal affecting the lawfulness of processing carried out on the basis of this consent prior to its withdrawal. Lastly, you have the right to make a complaint to a supervisory authority (in France, the Commission Nationale de l’Informatique et des Libertés – CNIL).
You may exercise the aforementioned rights by writing to the following address: hello@getonce.com. Once will process your request within one month after the request is received, except in special circumstances.
This request must be accompanied by a photocopy of a form of ID which bears the holder’s signature.
If a Member’s requests are manifestly unjustified or excessive, in particular due to their repetitiveness, Once may i) charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the requested action, or ii) refuse to act on such requests.
10. Changes to the Personal Data Policy
Once reserves the right to amend, add, remove or develop sections of this Personal Data Policy at any time and without notice in order to comply with changes in the law in this field, among other reasons.
A new version of the Once Personal Data Policy will then be provided to you. If you do not agree to the terms of this new Personal Data Policy as applicable to all future use of the Application and the Site, please stop using the Application and the Site.
11. Contacting Once
For all matters concerning your Personal Data (correction, updating, access, withdrawal of consent, etc.) or if you have any questions, please contact Once by writing to the following address: dpo@getonce.com.
In accordance with the iTunes Store Terms of Use which we recommend you review before proceeding with any online transaction:
- Payment will be charged to your iTunes account at confirmation of purchase;
- Your subscription of Once VIP will automatically renew for the same subscription at the same rate as you initially subscribed unless you cancel your subscription by turning off auto-renewal at least 24 hours before the expiry of the current period;
- Your Account will be charged for renewal at the same rate as you initially subscribed within 24 hours prior to the end of the current period;
- Subscriptions may be managed by you and auto-renewal may be turned off by going to your account settings in the iTunes & App Store section of your iPhone’s Settings. You can read more about how to cancel your App Store subscriptions anytime in Once FAQ.
- From time to time, ONCE may offer free or discounted paying Subscription “Trials” for a specific period. ONCE reserves the right, in its absolute discretion, to determine its Members eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some Trials, ONCE will require Members to provide their payment details through the Application and hence, the associated store, or through the Website, to start the Trial. The financial terms of the subscription contract entered into through the Application are those of the relevant store (App Store for iOS devices and Play Store for Android devices). At the end of such Trials, Members may automatically be charged, on the first day following the end of the Trial. Members agree to this charge using such payment details. Members may cancel their Subscription at any time to avoid being charged at the end of the Trial, in accordance to relevant Store and / or Website procedures.
- Payment will be charged to your payment method at confirmation of purchase;
- Your subscription of Once VIP will automatically renew for the same subscription at the same rate as you initially subscribed unless you cancel your subscription by turning off auto-renewal at least 24 hours before the expiry of the current period;
- Your Account will be charged for renewal at the same rate as you initially subscribed within 24 hours prior to the end of the current period;
- Subscriptions may be managed by you and auto-renewal may be turned off by going to your account settings.
- You also agree that your purchase will be available immediately and that you waive your statutory right of withdrawal.