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General Terms of Use and Sale

Preamble

These General Terms of Use and Sale (GTUS) apply to the services offered on the website www.getonce.com and in the mobile application.

The service is published by TOP 2 AG, Aktiengesellschaft (joint-stock company subject to the law of German-speaking countries) which is registered in the Trade Register of the Canton of Schwyz under the registration number CHE-199.083.691. 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 2 AG.

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 2 AG, Aktiengesellschaft (joint-stock company subject to the law of German-speaking countries) with share capital in the amount of CHF 100,000, registered in the Trade Register of the Canton of Schwyz under the registration number CHE-199.083.691, 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 2 AG, Schindellegistrasse 3, 8808 Pfäffikon, Schwyz, Switzerland 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:

PeriodMonthly FeeFees (one-off purchase)
1 monthEUR 19.99EUR 19.99
3 monthsEUR 15.00EUR 44.99
6 monthsEUR 10.00EUR 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. Once will inform you via the email address provided or through the Application’s chat feature, 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 not to renew the subscription.

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:

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. Once will inform you via the email address provided or through the Application’s chat feature, 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 not to renew the subscription.

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.

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 2 AG, Schindellegistrasse 3, 8808 Pfäffikon, Schwyz, Switzerland or by email at hello@getonce.com.

Personal Data Policy

Version of 12 December 2017

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 particular importance to respecting your privacy and protecting your personal data. The additional information that is given below constitutes the Personal Data Policy for personal data which is collected in relation to the use of the Application and the Site. The personal data processing that is performed by Once is necessary to perform a contract to which the Member is a party.

1. Categories of personal data collected

Once collects personal data. The term “Personal Data” means all information concerning an individual who is identified or can be identified, directly or indirectly, by reference to an identification number or one or more items which are specific to him/her.

The Personal Data that must be collected by Once is as follows:

  • If registering by email: email address, first name, age, sex, mobile phone number and photo.
  • If registering via Facebook Connect: surname, first name, age, sex, date of birth, email address, friend list, education, work, 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;
  • Sensitive data: sexual orientation, ethnic origin, religion

Once does not collect or process any data concerning your payment methods. These are managed directly, where applicable, by the Apple App Store, the Android Google Play Store or Stripe for purchases made through the Site.

2. Reasons why personal data is collected and processed

Personal Data associated with your Account:

Once collects, processes and uses your Personal Data to:

  • enable you to use the Application and benefit from the Services. To this end, the following pieces of Personal Data, if provided by the Member, are made public through the Application to any other Member: first name, age, job, height, education, religion. Data concerning your religion is sensitive data. When registering, you explicitly consent to the processing of this data by Once in accordance with this Personal Data Policy.
  • communicate with you by email, text message or post;
  • send you emails about products and services offered by Once;

Personal Data associated with an application for a job at Once:

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. Necessary and proportionate collection

The Personal Data that is collected by Once is sufficient, relevant and not excessive for the purposes for which it is collected and subsequently processed.

Personal Data is kept for no longer than the period necessary for the purposes for which it is collected and processed.

If the Account is deactivated by the Member, the Member’s Personal Data will be kept for a period of 1 year following deactivation to make it easier for the Member to reactivate the Account within this period. If the account is deleted, the Member’s Personal Data will be kept for a period of 1 year in case fraudulent behaviour is reported or another Member makes a complaint about the Member. If the Account is cancelled by ONCE in accordance with article 11 of the GTUS, the Member’s Personal Data may be kept by ONCE for the period for which the Member is forbidden to re-register (up to 3 years).

Details of your ethnic origin, religion and/or sexual orientation which is collected when you register is sensitive information. By providing this information when you register, you explicitly consent to the processing of this data by Once in accordance with this Personal Data Policy.

Once uses the email address provided to send you emails about its products or services (newsletter).

You can de-register at any time from Once’s business prospecting lists by sending an email to the address hello@getonce.com.

5. Use of your personal data and communication of your personal data

Your Personal Data will not be used without your consent for purposes other than those that are stated and for which they were collected. If your Personal Data is processed for different purposes, Once would obtain your consent beforehand.

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 communicate your Personal Data (your photos only) to third parties who provide certain services on behalf of Once, such as external service providers who are responsible for helping it to detect photos which do not comply with its GTUS (see Article 7 of the GTUS). No moderation decisions are taken solely on the basis of automated processing of personal data.

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.

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.

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

Browser configured for “Do not track”

You must configure your browser in such a way that it disables any cookies on the Internet. Although Once would not allow third parties to track your Internet browsing before and after you visit the Site, Once cannot have any control over such third parties who may still track your browsing without your consent.

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

In accordance with articles 39 et seq. of the Law of 6 January 1978 as amended, known as the “Data Processing and Freedoms” law, you have a right to access information which relates to you. You can also ask for Personal Data held by Once to be corrected, erased, blocked or destroyed.

If a copy of the Personal Data that it holds is requested, Once may ask you to pay certain costs which cannot exceed the cost of copying it.

In accordance with article 38 of the Law of 6 January 1978 as amended, known as the “Data Processing and Freedoms” law, you can object, for valid reasons, to the processing of your Personal Data.

You may exercise the aforementioned rights by writing to the following address: hello@getonce.com. Once will process your request within two months 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.

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: hello@getonce.com.

COOKIE POLICY

A “cookie” is a small computer file placed by an online service provider (such as Once) which the Internet browser downloads onto the terminal of its visitors. A cookie file makes it possible to identify the terminal in which it is registered, for as long as the cookie is valid. It can collect information about visitors’ habits with regard to the use of one or more Service(s), such as registration or the purchase of Packs on the Once website.

Once uses cookies mainly in order to operate the Once website and improve the Services that are offered.

Once uses 4 types of cookies for the purposes described below:

  • Cookies which are necessary for the operation of the Site
  • Function cookies
  • Analytics cookies relating to the use of ONCE Services
  • Conversion cookies
  1. Cookies which are strictly necessary for the operation of the website www.getonce.com

These are cookies which are necessary to browse the website www.getonce.com (such as session IDs) which enable visitors and Members to use the main functions of the site and make their connection secure.

  1. Once’s function cookies

These are cookies which are used to optimise the operation of the website www.getonce.com. They are also used to adapt the layout of the site to the screen of the visitor’s terminal, making browsing smoother and more personalised. These cookies are used to improve the user’s experience.

Eliminating these cookies hinders normal use of the website www.getonce.com.

  1. Analytics cookies

Audience measurement and analytics cookies are used to collect information about the way in which the site is used by Members (e.g. to identify the pages that the Member opens most often, whether (s)he receives error messages on certain pages, etc.).

Audience measurement cookies are used to compile statistics on visits to the website www.getonce.com (visitors) and analytics cookies are used to find out about the use of the site and/or performance of the Services offered and hence to compile statistics on the use and take-up of Once’s Services.

  1. Conversion cookies

The main purpose of conversion cookies is to enable Once to ascertain whether an Internet user who has clicked on advertising of any kind relating to Once has registered or made a purchase on Once.

How can you disable cookies?

You can disable cookies by configuring your browser as follows:

  • For Google Chrome:
    1. Select the “Settings” menu and then click “Show advanced settings”
    2. Click “Content settings” in the “Privacy” section
    3. In the “Cookies” section, select your preferred options
  • For Microsoft Internet Explorer:
    1. Select the “Tools” menu and then “Internet options”;
    2. Click the “Privacy” tab;
    3. Select the desired level using the cursor.
  • For Mozilla Firefox:
    1. Select the “Tools” menu and then “Options”;
    2. Click on the “Privacy” icon;
    3. Find the “Cookies” menu and select your preferred options.
  • For Opera 6 and above:
    1. Select the “File” menu > “Preferences”;
    2. Privacy.
  • For Safari:
    1. Select the “Edit” menu > “Preferences”
    2. Click the “Personal data” option
    3. “Cookies” section

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.