By using the Forget.me service the user authorizes Reputation VIP to complete, sign and send Microsoft Corporation And Google Inc. the “Request to block Bing search results in Europe” and “Search removal request under European Data Protection law” forms.
The removal request that Reputation VIP sends to Google Inc. has been expressly requested and validated by users. Such request and validation are formalised by email.
Users agree to provide Reputation VIP with a copy of a signed ID document when validating the form. Reputation VIP will send the search removal request to Microsoft Corporation and Google Inc., along with the ID document provided and Annex 1 serving as proof of user authorisation.
This authorisation does not have the effect of passing the risks associated with abusive search removal requests to Reputation VIP.
The Forget.me service offered by Reputation VIP is completely independent from the services offered by Microsoft Corporation and Google Inc.
Article 1. Preamble
The forget.me site is published by Reputation VIP, a French simplified joint stock company (société par actions simplifiée) with a share capital of €59,645, registered with the Companies Registry of Lyon under number 381 539 582, with registered offices located at 39, rue Sergent Michel Berthet 69009 Lyon, represented by its CEO, Mr. Bertrand Girin - telephone +33 1 84 16 13 20, email address forget.me/contactus, individual VAT identification number: VAT: FR70539381582.
The forget.me site is hosted by Amazon Web Services, whose headquarters located at Amazon Web Services LLC, P.O. Box 81226, Seattle, WA 98108-1226, USA.
Reputation VIP has developed a service called “Forget.me” allowing users of the site to easily contact Microsoft Corporation and Google Inc., the operators of the Bing and Google search engines, in order to requesting the removal of the list of results displayed following a search made on the basis of their name of the links to web pages published by third parties and containing information relating to them personally.
The technical interface can serve as a tool to help users choose customizable templates to explain their search removal request. The sole purpose of the interface is to copy such information and submit it to Microsoft Corporation and Google Inc.
The Forget.me service is completely independent from the services offered by Microsoft Corporation and Google Inc., and users acknowledge that Reputation VIP is not responsible for the decisions to be taken by Microsoft Corporation and Google Inc. regarding the development of its own services.
The Forget.me service is a free service.
However, Reputation VIP reserves the right to offer paid value-added services in the future.
The service provided on the site is detailed in the documentation made available to users on the website. For questions, users are invited to contact the Forget.me service via the contact form forget.me/contactus.
The Forget.me service is reserved for users registered on the forget.me site in compliance with these terms of service.
Article 2. Prerequisites
The site users represent that they are eligible for Microsoft Corporation’s and Google Inc.’s services.
Users represent that they have obtained from Reputation VIP any information required on the service offered and that they unreservedly agree to these terms of service.
The members acknowledge that the use of the site requires the compliance with these terms of service.
Users can benefit from the services offered on the site subject to fulfilling the following prerequisites:
have the hardware required to access the site;
have a valid email address;
agree that their commitment does not require a handwritten or electronic signature; their commitment is formalized by the acceptance of these terms of service
Users can save and print these terms of service using the standard features of their browser or computer.
Article 3. Purpose
The purpose of this document is to set forth the terms and conditions to access and use the Forget.me service as well as the respective rights and obligations of the parties when using the Forget.me service.
Article 4. Enforceability
Users can benefit from the Forget.me service only after having agreed to these terms of service.
The terms of service shall be binding on and enforceable against users upon their accepted registration to the site.
Reputation VIP reserves the right to make such changes to these terms of service as it may deem necessary or appropriate. Reputation VIP will make its best efforts to inform users of the existence and entry into force of new terms of service by any means available (emails, online information etc.).
Users can at any time stop using the service but will remain liable for any previous use.
Users can access to the archived terms of service on request by using the contact form forget.me/contactus.
The terms of service posted online on the site shall prevail over any earlier printed version.
Article 5. Access to the service
Access to the service is reserved for users with a personal username and password.
Users can create a user area and use of the services for free, except for the access costs (Internet subscription, etc.) that are the responsibility of users, subject to any subsequent changes to these terms of service, which will be subject to user acceptance.
5.1 - Register
To open an account, users must register by completing the form available online on the site.
The registration process comprises the following steps:
Step 1: the user completes a registration form by filling out the required fields; some fields may be mandatory according to the services selected by the user; the data must be accurate and regularly updated;
Step 2: the user reads and agrees to the terms of service by checking the relevant box; if the user does not agree to the terms of service, the user must stop the registration process and leave the site immediately;
Step 3: once his/her profile is correctly completed, the user validates the form and will receive an email confirming the registration at the email address he/she provided.
The user guarantees the accuracy of the information provided for the purposes of the registration to the service.
Upon confirmation of the registration, the user becomes a service user provided he/she has formally agreed to the terms and conditions by checking the relevant box.
5.2 - Username/Password
Users are solely responsible for the protection and confidentiality of their username and password.
The password is strictly personal and confidential.
Users agree to take all appropriate measures to ensure complete confidentiality.
Any use of a user password is deemed made on behalf of the user.
Users agree to promptly notify Reputation VIP if the password is lost, forgotten or intentionally or unintentionally shared with third parties.
Such notification should be sent to Reputation VIP directly online through the “Forgot your password” form.
Reputation VIP will interrupt access to all services and deny access with this password within a short period of time.
A new password will be provided to the user in a reasonable time.
Users are solely responsible for the use that will be made under their password until they request a change of password.
Article 6. Right of withdrawal
Users acknowledge that the service is performed in real time, after the various elements entered via the interface are validated, and that these elements are directly transmitted to Microsoft Corporation and Google Inc.
Due to these technical constraints, users acknowledge that the removal request they validated is firm and final and that they have no right of withdrawal.
Article 7. Intellectual property
The forget.me site, taken as a whole, as well as each and every of the individual elements composing it, including the specific programs and developments and the content containing data, texts, still or animated images, logotypes, sounds, graphics, files, are the exclusive property of Reputation VIP or any third party licensors. Any total or partial representation of the site or any of the elements composing it without Reputation VIP’s express authorization is strictly forbidden and shall constitute an infringement punished by Articles L.335-2 et seq. of the French Intellectual Property Code.
The databases appearing on the site are protected by Articles L. 341-1 et seq. of the French Intellectual Property Code and any extraction or re-utilization of a significant part of the content of the databases, evaluated qualitatively or quantitatively, shall be punished.
The trademarks and logotypes appearing on the site are registered trademarks of Reputation VIP or third parties. Any total or partial reproduction, imitation or use of these distinctive signs without express permission and in violation of the prohibitions laid down in Articles L.713-2 et seq. of the French Intellectual Property Code shall be prohibited and actionable.
The other distinctive signs, including company names, trade names, shop names, domain names, reproduced on the site are the property of Reputation VIP or third parties and any reproduction without express permission may constitute infringement actionable under Article 1382 of the French Civil Code.
Article 8. Liability
Reputation VIP’s intervention is limited to providing a technical interface service, such as set out in the Preamble of these terms of service.
It will make its best efforts to provide a service accessible to all users in the best conditions.
However, it cannot guarantee that the site to access the service will be fully accessible or available.
It reserves the right to temporarily or permanently shut down the site platform or the access to the services, without notice or compensation, for purposes including, but not limited to the update, maintenance, modification or change of the operating methods, the platform and accessibility hours.
It is not responsible for any damage of any kind resulting from said changes and/or from any temporary or permanent unavailability of the site platform or related services.
It reserves the right to enhance or modify the platform and the services at any time according to the technological changes and will inform the members by any means of such enhancement tor modification.
Reputation VIP will use reasonable endeavors to provide the service.
Users are aware that Reputation VIP has no control over the data users give on the website and cannot guarantee the quality, reliability, accuracy, completeness or correctness of the information given by users in customizable templates.
The information provided by Reputation VIP is based on the information given by users and cannot therefore be responsible for errors of any kind whatsoever from users. Thus, it can in no way be liable for the consequences of incorrect or incomplete information.
Users shall remain solely responsible for the information that will be entered on the customizable templates made available on the site.
Users agree to use the site fairly in compliance with these terms of service and act in a manner consistent with the site and applicable laws and regulations.
Users agree to make a search removal request only for data concerning them personally.
Users shall not act in a manner that would be illegal or fraudulent against Reputation VIP, other users or third parties.
Under no circumstances does Reputation VIP carry out a personalized analysis of the data provided by users.
Users are responsible, and Reputation VIP declines all liability, for the choice of the customizable template used to serve as the basis for their search removal request; the customizable template and explanations provided by users are not validated by Reputation VIP.
Users are aware that Reputation VIP is not a legal professional and cannot give legal advice either on the relevance of the customizable template selected or the data entered in such template or any other legal information of any kind whatsoever.
It cannot be held liable for fraudulent or improper use or as a result of an intentionally or unintentionally disclosure of the username and/or password to log in to user account to anyone.
Reputation VIP shall not be liable for:
the processing time or all or part of the processing process for search removal requests submitted to Microsoft Corporation and Google Inc. through the site;
the follow-up given by Microsoft Corporation and Google Inc. to search removal requests;
abusive search removal requests.
Reputation VIP cannot be liable for any breach of these terms of service or any activity on the site, whether wrongful or otherwise, by users.
Article 9. Protection of personnal data
In accordance with Article 32 of the French Data Protection Act No. 78-17 of 6 January 1978, as amended, Reputation VIP, acting as controller, informs users that it processes personal data relating to them. The data disclosed by users in the registration form and Bing and Google search removal request form are intended for the authorized personnel of Reputation VIP for managing the search removal requests submitted to Microsoft Corporation and Google Inc. Fields marked with an asterisk must be completed; otherwise, the processing of their request may be delayed or even impossible.
To process a search removal request Microsoft Corporation and Google Inc. request to provide a signed copy of an ID document of the person requesting the removal of the list of results displayed following a search made on the basis of their name of the links to web pages published by third parties and containing information relating to them personally, Reputation VIP will collect a copy of the signed ID document but will not keep it after the form is sent to Microsoft Corporation and Google Inc.
Users have a right to access, inquire about, modify, rectify and delete personal data relating to them.
Users further have the right to object on legitimate grounds to the processing of their personal data and to the use of their data for the purposes of direct marketing.
To exercise such rights, users should send Reputation VIP a letter and a copy of a signed identity document:
by mail at the following address: Reputation VIP: 39, rue Sergent Michel Berthet 69009 Lyon, France; or
Users are informed that, during his visits to the site, a cookie may be automatically installed on their browser. For more information on cookies please read the Cookies Policy available on the site.
Users are informed that Reputation VIP may disclose their identification data to third parties if such disclosure is ordered by a court decision.
Users must comply with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978, as amended, and any violations are punishable by criminal penalties. In particular, users shall not collect or misuse personal data or otherwise act in a manner that may adversely affect the privacy or reputation of others.
Article 10. Force majeure
The service may be suspended or discontinued in case of force majeure.
At first, a force majeure event will suspend the performance of the terms of services.
If the force majeure event lasts for more than two (2) month, these terms of service shall automatically be terminated.
It is expressly agreed that force majeure events shall mean events usually accepted as such by the case law of French courts and tribunals.
Article 11. Miscellaneous
11.1 Good faith
The parties agree to perform their obligations with utmost good faith.
The parties represent that their commitments under the terms of service are sincere.
Each party thus represents not knowing any elements which, had it been disclosed, would have modified the consent of the other party.
If one or several provisions of the terms of service were to be held invalid or so declared by a law, a regulation or a final decision having res judicata effect rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.
11.4 Entire agreement
These terms of service constitute the entire agreement between the parties.
11.5 Rules of evidence
The electronic acceptance of these terms of service will have for the parties the same probative value as acceptance on a paper document.
The computer logs stored in the site’s information systems will be kept in reasonable security conditions and considered as evidencing the communications made between the parties.
The contractual documents are archived on a reliable and durable medium that may be used as evidence.
Article 12. Language
These terms of service have been drafted in French and in English.
In case of dispute between the parties, the French version shall prevail.
Article 13. Governing law - Jurisdiction
These terms of service shall be governed by French law. French law shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations.
DISPUTES SHALL BE SUBMITTED TO THE COURTS OF THE PLACE WHERE THE USER IS ESTABLISHED.