General Terms of Use of

1. KOALA Interactive, a Société par actions simplifiée (Société à associé unique), a simplified joint-stock company with a sole shareholder incorporated under French law, with a share capital of 188,932 euros, registered with the Trade and Companies Register of Nanterre under number 922 077 540 and whose registered office is located at 121, rue Edouard Vaillant - 92300 Levallois-Perret (hereinafter “Koala”), is the publisher of the website www.wyylde.com (hereinafter the “Website”) hosted by the company Amazon Web Services EMEA SARL, 38 Avenue John F. Kennedy, L-1855 Luxembourg, Luxembourg.

2. The GTU form the contract entered into between Koala and the user. They are supplemented by the Wyylde Charter, the Privacy Policy, the Cookie Policy, the moderation policy, the complaints policy, the non-exploitation policy, the pre-contractual information displayed at the time of any order and, where a particular Service so requires, by specific terms and conditions. In the event of any inconsistency, the specific terms and conditions shall prevail for the Service concerned, then the order information, these GTU and lastly the Wyylde Charter.

3. The purpose of these GTU is to set out the general terms and conditions under which, on the one hand, Koala makes the Website and the Services available to the User and, on the other hand, the User may access and use the Website and the Services. They are supplemented by the wyylde.com Charter, available at https://www.wyylde.com/en-us/charte.

4. Accessing the Website and the Services entails the application and acceptance by the User of these General Terms of Use and of the wyylde.com Charter.

5. Users and any other person may contact Wyylde through the “Support” section accessible from the Website or by email at team@wyylde.com. Requests relating to personal data may be sent to the data protection officer at dpo@wyylde.com. Exchanges are possible in French and in English. Requests made in another official language of the European Union are also accepted and handled under reasonable conditions.

• 1. Definitions

  • Cookies: files containing data (and in particular a unique identifier) transmitted by the server of a website to the User’s browser and stored on their hard drive;

  • Personal data: the information and data making it possible to identify or making identifiable a User of the Website, such as their name or pseudonym, email, image, IP address;

  • GTU: these General Terms of Use and the wyylde.com Charter;

  • Account: the personal space created by a User, whether an individual Account, a couple Account or an Account authorised to administer an Official Page.

  • Explicit Content: any Content of a sexually explicit or pornographic nature or which, given its presentation, is liable not to be capable of being displayed to a minor.

  • Event: the events offered by third parties via the Website;

  • Official Page: a profile created by a third party to identify a service offered, such as a bar, a nightclub, etc.;

  • Website: the pages of the Website accessible at the address www.wyylde.com;

  • Services: all the services made available to the User on the Website free of charge or for a fee, as described in article 3 below or offered in the future on the Website;

  • User: the natural person of full age (over 18 years old) who has completed an age verification, accessing the Website and wishing to use the Services.

• 2. Description of the Website

  6. Wyylde is an online community platform reserved for persons of full age. The site is prohibited to minors and may not be used for commercial or prostitution purposes. Any registration, attempted registration, use or access to Explicit Content by a minor is prohibited. Any person who has not reached this age must leave the Website immediately.

  7. Registration on the Website is free of charge. However, access to certain features requires payment of a subscription and age certification by Users.

  8. The Website and the Services are provided to the User on an “as is” basis and are accessible subject to availability. They are in principle accessible 24 hours a day, 7 days a week, except in the event of force majeure or of an event beyond Koala’s control, and subject to maintenance periods and any breakdowns.

  9. Koala reserves the right to make changes to the Website and/or to modify or remove all or part of the Website and/or the Services under the conditions set out in the Amendments to the GTU Section.

• 3. Description of the Services and access levels

  3.1. Accessibility of the Website

  10. The Website offers the User the following free Services, without this list being exhaustive:

  • • register free of charge on the Website in order to complete their profile, post an advertisement, photographs and videos;

  • • view the advertisements and restricted profiles of other Users registered on the Website, as well as the Events and the Pages;

  3.2. Gold Subscription

  11. The Website offers the User, in addition to the free Services, the following paid Services through its Gold Subscription, without this list being exhaustive:

  • • Communicate and interact with other Users, in particular by chat, internal messaging, comments, likes or any other means of exchange offered on the Website;

  • • Access the content and features of the Website reserved for subscribing Users, including media (photo, video, live, event, pages)

  12. The applicable rates are available on the Website.

  13. Access to Explicit Content requires, cumulatively, an active Account, the level of access that may be required by the offer and valid proof of full age. Certain publishing or broadcasting functions may further require identity or profile certification.

  3.3 Subscription to the paid Services

  14. Payment is made through a secure payment service provider. Debits relating to the paid Services appear on the User’s bank statement under the label “Neteck VPC”. In the event of an unrecognised label, the User is invited to contact the Support service before initiating any bank dispute.

  15. Bank details are transmitted directly, from the payment interface, to our payment service provider Stripe “Neteck”, in order to carry out the transactions necessary for access to Wyylde’s paid features. This data is stored on the secure servers of the payment service provider and is not shared with any third party, including Koala, which only receives limited transaction data (Koala never has access to the full card number).

  3.4. Right of withdrawal

  16. The User may exercise their right of withdrawal within fourteen days following the conclusion of the contract by means of the online feature, by means of the form set out in annex 1, or by any unambiguous statement sent to team@wyylde.com or to Koala’s registered office.

  17. An acknowledgement of receipt is sent on a durable medium.

  18. Where the User expressly requests that the Service begin before the expiry of the withdrawal period, access may be activated immediately. If they withdraw before the end of the period, Koala may retain an amount proportionate to the Service actually supplied up to the communication of the withdrawal, provided that it has obtained this express request and has provided the information required by law.

  19. In the event of a valid withdrawal, the amounts due are reimbursed without undue delay and at the latest within fourteen days from receipt of the decision to withdraw, using the same means of payment, unless expressly agreed otherwise at no cost. The proportionate amount that may be due for the performance period commenced at the User’s request may be deducted.

  20. After the withdrawal takes effect, access to the paid Service may be deactivated. The User shall cease using the Service and the digital Content concerned.

  3.5. Renewal, termination, refund

  21. Every paid subscription includes a tacit renewal clause. The subscription is therefore renewed automatically at the end of the initial period for an identical duration, unless terminated by the User no later than 48 hours before the expiry date, through the “Settings / Subscription” section.

  22. In the event that automatic renewal is deactivated, the subscription will end upon expiry of the period subscribed for. For any subsequent renewal, the User will again have to make payment by bank card or by reactivating the direct debit on an existing means of payment.

  23. Refund policy. Apart from the cases of withdrawal set out above, no refund is due for digital content already supplied. However, Koala Interactive examines any refund request on a case-by-case basis in the event of a double debit, of a technical failure that prevented access to the paid Service, or of an unauthorised transaction. Any request is to be sent to the “Support” section (team@wyylde.com) with the transaction reference; Koala responds within 72 business hours. The User is invited to contact Koala before initiating a dispute with their bank.

• 4. Registration and access to the Website and the Services

  4.1 – Conditions of access to the Site and the Services

  24. In order to be able to use the Website and the Services, the User must first be registered on the Website.

  4.1.1. Additional safeguards for age verification

  25. Registration is free of charge and reserved for persons of full age and strictly prohibited to minors. WYYLDE implements safeguards to verify that its Users are of full age, in accordance with applicable laws, within the current technological limits.

  26. In countries subject to regulation on access to explicit content: In accordance with the applicable French legislation and with the reference framework of the Autorité de régulation de la communication audiovisuelle et numérique (Arcom), which determines the minimum technical requirements applicable to age verification systems, prior to any age verification, no pornographic or explicit content may be displayed to the User in order to prevent any exposure of minors.

  27. A mere declaration of being of full age is not sufficient to justify access to the explicit content of the Site. Accordingly, registration and access to explicit content are subject to an effective and reliable age verification, compliant with the technical requirements defined by Arcom, ensuring that only persons of full age may access such content, while offering sufficient protection of Users’ personal data and of their privacy.

  28. A visible notice will inform the User, before any payment, that access to explicit content is subject to a mandatory age verification. This information will be displayed clearly before the finalisation of the purchase and worded as follows: "You confirm that you have read and accepted the GTU and that you have been informed that an age verification, required in your country, will be necessary in order to access explicit content."

  29. This notice, displayed before validation of the payment, is deemed to constitute proof of the User’s consent, in accordance with the requirements of the regulations in force.

  30. WYYLDE uses the service provider Jumio, which is responsible for the age verification of Users. Jumio is legally and technically independent from WYYLDE and complies, within the current technological limits, with the technical requirements of the reference framework published by Arcom on age verification.

  31. The technical age verification process provided by Jumio complies with the principles arising from Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

  32. The technical age verification process provided by Jumio guarantees compliance with the principles of the GDPR, as well as clear, concise, transparent and easily accessible information for Users. It also ensures an appropriate data retention period, while enabling individuals to exercise their rights, in particular the right of access, objection, rectification, restriction of processing, erasure and portability. Lastly, it guarantees optimal security of the information systems used for the processing of personal data, in accordance with the standards in force, and to limit the possibilities of circumvention through its robustness against the risks of attacks.

  33. Jumio retains the personal data collected in connection with the verification for a maximum period of thirty (30) calendar days from the date of the verification, and provided that such retention is provided for in Jumio’s general terms of use. After this period, the data is securely deleted, in accordance with the standards in force regarding the protection of personal data. Any retention of data does not exceed what is strictly necessary.

  34. In accordance with article 22 of the GDPR, which governs processing implementing automated decisions, Jumio puts in place measures to enable Users to contest an erroneous decision and to rectify their information. In the event of a failed verification, the User has a remedy with Jumio. The precise arrangements are set out in Jumio’s general terms and conditions, accessible in English here.

  35. Jumio has developed a technical solution that limits discriminatory bias in order to guarantee its reliability.

  36. WYYLDE does not have access to the data used to verify the User’s age, except where a verification of the gender entered on the profile is necessary in order to guarantee the authenticity of the profile and that information is not clearly available on the identity document. This one-off verification serves only to guarantee consistency between the gender declared on the profile and the actual gender of the person concerned. Apart from this specific case, WYYLDE cannot access any other personal information of the User.

  37. WYYLDE undertakes to develop its age verification system proactively, as technological solutions improve, in order always to better comply with the recommendations of ARCOM (double anonymity) and with the principles of privacy protection.

  4.1.2. Acceptance of the GTU and information to be provided

  38. Registration is open to persons of full age and mandatorily requires acceptance of these GTU and of the wyylde.com Charter, as well as the provision of the following identification information: pseudonym and password chosen by the User, email address, and sexual profile sought (such as bi, hetero, couple, etc.). However, access to explicit content may be restricted by an age verification according to the legal requirements of the country of residence.

  39. Once the registration process is complete, Koala sends the User, at the email address provided by the latter, an email validating their registration and setting out an internet link which the User must click in order to be redirected to the Website and finalise their registration.

  40. The following information must mandatorily be provided in order to finalise the registration: pseudonym, sex, sexuality, city, date of birth.

  41. By providing this data, the User expressly consents to its processing, in accordance with article 9.2 a) of the GDPR.

  42. The User may then access the Website.

  43. Koala never requests the disclosure of Users’ surnames and first names and recommends that they use a pseudonym.

  4.2 – General obligations

  44. The User undertakes to provide accurate, complete and truthful information and to update it regularly.

  45. In the event that the User provides false, inaccurate, outdated or incomplete information or information infringing the rights of third parties (image rights, invasion of privacy, disparagement, etc.), Koala is entitled to suspend or terminate the User’s registration or Account without delay and to refuse them, immediately and/or in the future, access to all or part of the Website.

  46. The information entered by the User (with the exception of their postal and email addresses) and the photograph(s) transmitted by them will be put online and will appear in their advertisement on the Website. It is accessible only to the other Users of the Website.

  47. The User expressly authorises Koala to reproduce and broadcast on the Website the information, messages, photographs and videos thus transmitted.

  48. The User expressly authorises Koala to reproduce and broadcast the User’s videos or lives on the Website’s news feed and in the “best lives ranking”, “Activity wall” and “zapping” sections.

  49. The User may, at any time, access their profile and modify, supplement or delete their information (including their photos and videos).

  4.3. Individual Account / Couple Account

  50. An individual Account may represent only its holder.

  51. A couple Account may represent only two persons of full age who have both accepted the creation and use of the Account. Each of them must be informed of the profile settings, of the Content published and of the interactions carried out in their name. Where verification of full age, of identity or of consent is required, it must be carried out separately for each of the persons concerned.

  52. The person who materially administers a couple Account warrants that they have the agreement of the other person for the actions carried out. Any person represented may request the separation, suspension or closure of the Account as well as the removal of Content concerning them. Koala may carry out additional verifications before executing the request.

  4.4. Account security

  53. The username and password provided by the User are personal and non-transferable, the latter undertaking not to disclose them, deliberately or through negligence, to any third party. Any connection or transmission of data carried out using the User’s username and/or password shall be deemed to have been carried out by the latter. Any loss, misappropriation or unauthorised use of the username and/or password and the consequences thereof fall under the sole responsibility of the User.

  54. The User may at any time choose to change their email and/or password through the “Settings / General” section or to put in place two-factor authentication protection in order to secure access to their Account from their settings.

  55. If the username and/or password are fraudulently used or lost, the User must inform Koala without delay, through the “Support” section accessible at: team@wyylde.com, which will proceed with the immediate cancellation of the username and/or the immediate change of the password upon proof of their identity.

• 5. Obligations of the User

  56. The User undertakes to comply with these GTU and with the Wyylde.com Charter.

  57. Generally, and without this list being capable of being regarded as exhaustive, the User shall refrain from:

  • • using the Website and the Services for professional, commercial or non-private purposes; in particular, any canvassing, soliciting or approach akin to prostitution (escorts, etc.) is prohibited;

  • • By way of exception, professionals who have entered into a commercial agreement with Koala may promote their services on the Website, under the conditions and within the limits defined by that agreement. This option is strictly reserved for partners who have received the prior and express authorisation of Koala to that effect, and may not be invoked by a non-partner User to justify a commercial, professional or canvassing use of the Website or of the Services.

  • • making or uttering remarks or broadcasting, in any form whatsoever, content infringing the rights of others or of a defamatory, insulting, obscene, offensive, violent nature or inciting violence, of a political, racist or xenophobic nature and, generally, any content contrary to the laws and regulations in force;

  • • downloading, reproducing, recording, capturing and/or copying, by any process or means, the content of the Website and of the Services, and in particular the profiles and/or photographs and/or videos offered thereon;

  • • downloading, sending, transmitting, in any manner whatsoever, any unlawful content, any advertising, any unsolicited and unauthorised promotional material, as well as any computer virus, code, file or programme designed to interrupt, destroy or limit the functionality of the Services or of the servers, networks or networks connected to the Services;

  • • hindering or disrupting the Website, the Services, the servers, the networks connected to the Services, or refusing to comply with the requirements, procedures, general rules or regulatory provisions applicable to the networks connected to the Services;

  • • attempting to mislead other Users, by usurping the name or corporate name of other persons, and more particularly by passing themselves off as an employee or affiliate of Koala and/or of the Website or as a moderator or a host;

  • • publishing, broadcasting, soliciting or seeking any content depicting, or appearing to depict, a minor in a sexual or suggestive context, including drawn, animated, artificial intelligence generated representations or representations simulating a minor (zero tolerance);

  • • publishing or broadcasting content with incestuous themes, bestiality or animal cruelty;

  • • publishing or broadcasting content depicting rape or any non-consensual sexual act, whether real or simulated;

  • • publishing or broadcasting intimate images or videos without the consent of the persons depicted (“revenge porn”), content captured without the persons’ knowledge, as well as any deepfake content or synthetic media depicting a real person without their consent;

  • • promoting, facilitating or profiting from human trafficking, trafficking for sexual purposes or any form of exploitation;

  • • using, in titles, descriptions, keywords, metadata or search terms, expressions suggesting one of the prohibited categories above (in particular evoking minors or the absence of consent); such terms are subject to blocking and monitoring.

  58. Any breach results in the immediate removal of the content, the suspension or termination of the Account, the preservation of evidence and, where applicable, a report to the competent authorities (see article 6).

  59. The User undertakes that the photographs, videos, texts and/or any other content posted and/or broadcast by them on the Website do not infringe the rights of third parties, and in particular intellectual property rights (trademarks, copyright, designs in particular), personal rights (in particular defamation, insults, abuse, disparagement, harassment, etc.), respect for privacy (including image rights), public order and public morality (in particular the glorification of crimes against humanity, incitement to racial hatred, infringement of human dignity, etc.) and, more generally, the applicable regulations in force and the usual rules of politeness and courtesy.

  60. The User who publishes Content depicting one or more identifiable natural persons other than themselves undertakes to retain, for the duration of the publication of the Content and for a period of twelve (12) months after its removal, proof of the consent of each person depicted to the creation and to the dissemination of such Content on the Site, as well as a supporting document making it possible to attest to the full age of each person depicted. This proof must be capable of being produced at Koala’s request, in particular in the event of a report, a judicial requisition or a regulatory inspection, within a period of 48 hours. Failure to produce such proof within this period results in the removal of the Content concerned and the application of the sanctions provided for in article 58.

  61. The User indemnifies Koala against any claim, action and/or demand from other Users or third parties concerning such content, without prejudice to Koala’s right to obtain compensation for its own loss.

  62. The Website uses a system for protecting the photographs and videos put online by the User and making their recording and duplication by another User or by a third party impossible in principle, without its liability being able, however, to be sought and incurred in the event of a failure of this system.

  63. This authorisation may be withdrawn for any future broadcasting, in accordance with the terms of article 6. Only verified Users may publish or broadcast content.

• 6. Moderation

  6.1. Detection of illegal content

  64. In accordance with article 11 of Regulation (EU) 2022/2065 on digital services (“DSA”), Koala has designated a single point of contact enabling the authorities of the Member States, the European Commission, the European Board for Digital Services and the judicial authorities to communicate directly with it by electronic means. This point of contact can be reached at the address: team@wyylde.com. Exchanges with this point of contact may take place in French, the official language of the Member State in which Koala is established, as well as in English. Requests made in another official language of the European Union are also accepted and handled.

  65. The content of the Website is checked regularly. Live chat is subject to moderation.

  66. Koala may use automated or algorithmic tools to assist with the detection and handling of content liable to breach these GTU and the wyylde.com Charter. These tools are not intended to replace a human decision: any decision to delete, restrict or sanction a User’s Account is subject to a review by a natural person before it is applied, save where there is a legal obligation to the contrary.

  67. Voluntary detection and moderation measures do not entail a general obligation to monitor all the information transmitted or stored. Koala does not guarantee that illegal or prohibited Content will be identified before it is viewed. Each User must use the reporting tools and adopt the precautions provided for by these GTU.

  6.2. Notification of illegal content

  68. Any person wishing to bring to Koala’s attention the presence on the Website of illegal content must use the “Support” section and specify: their pseudonym and their email address; the description of the disputed content and its precise location (hyperlink); the reasons for which the content is considered illegal, including a mention of the legal provisions concerned and of the factual justifications; as well as a statement confirming their good faith as to the accuracy and completeness of the information provided. Where the request concerns content directly depicting the applicant (in particular in the event of usurpation or theft of an Account, or of the removal of photographs or videos in which they appear), Koala may request a verification of their identity, for the sole purpose of ensuring that they are indeed the person concerned by the content at issue. This verification does not apply to the notifications of illegal content referred to in the preceding paragraph.

  69. Koala acknowledges receipt of notifications of illegal content without delay.

  70. Non-consensual intimate images. Any person may request the removal of intimate content depicting them that has been published without their consent, through the “Support” section or at the address team@wyylde.com. The request shall include the identification of the content (link), a statement that the depiction is non-consensual and the signature of the applicant (electronic signature accepted). Koala removes the content covered by a valid request as soon as possible and at the latest within 48 hours of its receipt, and makes reasonable efforts to identify and remove known copies.

  71. Koala will disclose the contact details or identification data of the author of the disputed content only upon judicial requisition.

  72. Koala exercises its moderation power diligently, objectively and proportionately, with respect for the fundamental rights of Users, and in particular their freedom of expression.

  73. Where a moderation decision is taken on account of the allegedly illegal nature of Content or of its incompatibility with these GTU, the Users concerned (the User who reported the content and the User concerned by the report) receive, where the law so permits, a clear and specific statement setting out the measure taken and its scope, the facts and circumstances relied upon, the possible origin of the report, the use of an automated means, the legal or contractual basis, as well as the possibilities for contesting it.

  74. The User who is the subject of a moderation decision against them (removal of content, restriction, suspension or termination of the Account) may contest it through the “Support” section or at the address team@wyylde.com, stating the grounds for their contestation. Koala acknowledges receipt of the complaint without delay and undertakes to examine it and respond to it within an indicative period of 72 hours. Following this examination, Koala may confirm, overturn or amend the initial decision.

  75. Without prejudice to judicial recourse or to consumer mediation, the User may choose a certified out-of-court dispute settlement body under article 21 of the DSA in order to contest certain moderation decisions. Koala cooperates in good faith with the chosen body under the conditions provided for by the DSA.

  76. The list of certified bodies is published by the competent authorities here.

  77. For more information on moderation, please refer to our Moderation Policy here.

  6.3. Moderation rules specific to lives

  78. Koala provides a moderation system dedicated to the monitoring of the live broadcasts (“lives”) offered by the Website. These broadcasts may be launched only by Users meeting the conditions of full age detailed above.

  79. This system enables the teams to access ongoing broadcasts, including simultaneously on several streams, in order to ensure overall, continuous and responsive monitoring of all live broadcast content.

  80. In the event of non-compliance with these GTU, and/or with the applicable legal provisions, in particular in the event of a broadcast depicting minors, in the absence of the authorisation of any one of the persons depicted, or of an offer of paid interactions, the moderation teams are formally empowered to intervene at any time, immediately, by sending a warning to the User concerned, by interrupting the broadcast, and/or by temporarily or permanently suspending the Account behind the live in accordance with our sanction scales (see Wyylde’s moderation policy).

  81. Any broadcast on the Website may be subject to a check by the moderation teams, and this at any time.

• 7. Prohibited content and behaviour

  82. The prohibitions in this article apply to public and private Content, to messages, lives, profiles, pseudonyms, titles, descriptions, keywords, metadata, file names, external links and behaviour. Certain categories are prohibited even where they are not necessarily illegal in all countries, in order to protect individuals, preserve the security of the Website and comply with the rules of the payment networks.

  7.1. Minors and/or appearance of minority

  83. It is prohibited to publish, seek, solicit, sell, share or describe any sexual Content depicting or appearing to depict a minor. The prohibition covers real, staged images, drawings, animations, avatars, artificial intelligence generated content, montages, role play and depictions in which age is ambiguous.

  84. Also prohibited are sexualised scenarios, outfits, accessories, terms or presentations suggesting minority or infantilisation, in particular “age play”, diapers, school, descriptors of very young age, spelling variants, codes and expressions intended to circumvent filters. Content involving a person whose full age cannot be established is refused or removed.

  7.2. Sexual violence

  85. Prohibited are any rape, sexual assault, forced act, non-consensual act or act presented as such, including simulated, as well as any scenario in which a person is asleep, unconscious, paralysed, hypnotised, sedated, heavily intoxicated, drugged, unable to understand or to express free consent. Terms suggesting coercion, abduction, molestation, absence of will or inability to consent are prohibited when used in a sexualised context.

  7.3. Non-consensual intimate images

  86. Prohibited are intimate photographs, videos, sounds or information obtained or disseminated without consent, content captured without a person’s knowledge, hidden cameras, non-consensual voyeurism, sexual blackmail, doxing, the disclosure of a real identity, of an address, of an employer or of confidential data, as well as deep fakes and synthetic media depicting a real person without their agreement.

  7.4. Human trafficking, exploitation and prostitution

  87. Koala applies a zero-tolerance policy towards human trafficking, slavery, forced labour, sexual exploitation, procuring, prostitution and any commercial sexual activity. It is prohibited to offer, solicit, buy, sell, facilitate, recommend or promote a sexual act that is paid for or obtained by force, fraud, debt, abuse of vulnerability or coercion, as well as to receive a benefit derived from such an activity.

  7.5. Prohibited themes

  88. Prohibited is Content with incestuous themes, whether real, simulated or presented as role play, bestiality Content or Content involving an animal, any animal cruelty, as well as Content exploiting a person in a situation of dependence, disability or vulnerability without fully established consent.

  7.6. Dangerous practices

  89. Prohibited is Content depicting or encouraging extreme violence, homicide, suicide, snuff, mutilation, torture, abduction, unlawful confinement, asphyxiation, strangulation, suffocation, fainting, loss of consciousness, cannibalism or any practice liable to cause serious bodily harm.

  90. BDSM practices are permitted only where they remain manifestly consensual, between adults and compliant with the Wyylde Charter.

  7.7. Identity usurpation

  91. Prohibited is pornographic Content purporting to depict a celebrity, a public figure or an identifiable person without authorisation.

  92. Identity usurpation, the creation of a fake profile and the false representation of a partnership with Wyylde are also prohibited.

  7.8. Other illegal or harmful content

  93. Prohibited in particular are terrorist content, incitement to hatred or violence, threats, harassment, discrimination, the glorification of crimes, scams, money laundering, illegal gambling, the sale of drugs, weapons or prohibited goods, malware, phishing, infringements of intellectual property rights, misleading advertising, spam and any other activity contrary to the law.

  7.9. Circumvention through keywords and redirections

  94. It is prohibited to use a title, a description, a pseudonym, a tag, a deliberate misspelling, a code, an emoji, a link or an external service in order to suggest, seek or facilitate a prohibited category. Koala may block terms, prevent a publication, limit a search and analyse the context in order to identify circumvention attempts.

• 8. Reporting to the authorities

  95. Where Koala becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of one or more persons has been committed, is being committed or is likely to be committed, it promptly informs the competent judicial authorities and transmits the relevant information to them under the conditions of article 18 of the DSA.

  96. Depending on the situation, the channels may include PHAROS, the police or gendarmerie services, the judicial authorities, the emergency services and, where foreign obligations apply, the competent bodies such as the National Center for Missing & Exploited Children. Koala retains the necessary elements within the legal limits and cooperates with the authorities in investigations.

  97. Any child sexual abuse Content or any sexual solicitation of a minor is removed or made inaccessible as soon as it is discovered. The Account is suspended, the evidence is secured and a report is sent to the competent authorities.

  98. Requests relating to a non-consensual intimate image, a threat, sexual blackmail, trafficking or endangerment are handled as a priority. The Content may be deactivated immediately as a precautionary measure and reasonable efforts are made to identify known copies. A person in immediate danger must contact, in France, 17, 112 or the competent services of the country concerned.

  99. Koala does not disclose the identity of the notifier or the data of the author of Content to a third party, except where necessary to handle the request, with consent, under a legal obligation or upon requisition by an authority. It may refrain from immediately informing the User concerned where such information would compromise an investigation, a person’s safety or the preservation of evidence.

• 9. Protection of Personal Data

  100. The Personal Data communicated by the User to Koala and/or disseminated by them from the Website is subject to computer processing and is retained and used by Koala, in its capacity as data controller, throughout the duration of the User’s registration on the Website, for the following purposes:

  • • to enable the User to access the Website and, where applicable, certain reserved areas, to use its various features and to administer their Account;

  • • to put the User in contact with other users, where applicable according to the criteria defined by them;

  • • to record and manage the User’s preferences;

  • • to communicate with the User in order to respond to their requests and enquiries;

  • • to ensure the management of any prize competitions or promotional operations offered on the Website, and in particular the designation of the winner(s) and the delivery of the prize(s);

  • • to send the User, at their request, information messages and/or promotional offers

  • • to measure the performance of the Website, and for example the number of page views or the number of clicks, to compile statistics and use them internally;

  • • to respond to any disputes or requisitions from the authorities;

  • • to comply with the legal obligations incumbent upon it;

  • • to meet certain legitimate interests relating in particular to the management of its activities.

  101. and this in compliance with Law no. 78-17 of 6 January 1978 (known as the “Informatique et Libertés” Law) as amended and with the General Data Protection Regulation (“GDPR”).

  102. The processing carried out by Koala in accordance with the purposes set out above is necessary to enable it to:

  • • fulfil its contractual obligations towards the User, in particular as regards the delivery of the services expected from the Website;

  • • comply with the legal obligations incumbent upon it;

  • • meet certain legitimate interests relating in particular to the management of its commercial activities.

  103. The User’s Personal Data is not disclosed or transferred to third parties for commercial or promotional purposes, save with the prior and express consent of the User. The Website uses cookies, under the conditions described in article 9 below.

  104. The User’s data is stored on secure servers hosted with the company Amazon Web Services in Ireland and is not transferred outside the European Union.

  105. The User may, at any time, access their Account in order to modify or delete the information and data concerning them. The information is then automatically and permanently deleted from the database.

  106. If the User unsubscribes from the Website by deleting their Account, their Personal Data becomes immediately inaccessible to other members and is no longer visible on the Services.

  107. This data is archived securely outside our Services:

  • – 1 month after the deletion of the Account or after 2 years of inactivity, it is transferred to a secure archiving space;

  • – 1 year after its archiving, all Personal Data is deleted with the exception of the email address, the location, the date of birth and the archiving date, which are retained for legitimate purposes (security, prevention of abuse, compliance with legal obligations);

  • – 4 years after the archiving date, all the data, including that retained partially (email, location, date of birth, archiving date), is permanently deleted.

  108. In accordance with the “Informatique et Libertés” Law as amended and with the GDPR, the User has a right of access, rectification, erasure or deletion of all or part of the Personal Data concerning them, a right to object and a right to restriction of processing and to the portability of their personal data, which they may exercise by letter sent to: Koala / DPO, or by e-mail to: dpo@wyylde.com

  109. For processing based on obtaining the User’s consent, the latter additionally has the right to withdraw their consent at any time.

  110. The User is advised that the exercise of these rights does not affect the validity of the processing operations carried out previously, nor the right of the company Koala to archive certain of the Personal Data in question, in accordance with the principles set out above.

  111. Such requests must be submitted by the User personally and in writing, signed and accompanied by a photocopy of an identity document bearing the signature of its holder. This information will be processed solely for the purposes of identifying the User and will not be retained for a period exceeding that necessary to process the response. The request shall specify the e-mail or postal address to which any response is to be sent. The company Koala shall have a period of one (1) month to respond following receipt of the request.

  112. The User also has the right to lodge a complaint with the authorities, and in particular with the CNIL (www.cnil.fr).

• 10. Liability

  113. The User is solely responsible for all the information, content and data that they put online on the Website or that they share with other Users, in particular through the chat, messaging, video and live services.

  114. The user acknowledges and accepts that, in using the Website and its Services, there is a risk that they may be recognised by third parties. The User expressly waives any recourse against Koala on account of any infringement of respect for their privacy or of their image rights arising from the disclosure or dissemination of all or part of the content put online by them.

  115. Meetings arranged through the Website are made at the User’s own risk. Koala does not undertake to verify the identity of the Users of the Website or the truthfulness of the content they post under their sole responsibility. For a first physical meeting, Koala strongly recommends informing a close contact beforehand and favouring a place open to the public and frequented (café, bar, restaurant, etc.).

  116. In the event that Koala’s liability is sought on account of a breach by the User of the obligations incumbent upon them under the law or under these GTU, the User undertakes to indemnify and hold Koala harmless from any order made against it originating in the User’s breach, but also to reimburse all the costs incurred and the loss caused.

  117. It is for the User to ensure the compatibility of their computer equipment, and in particular of their connection to the internet network, before registering on the Website.

  118. The transfer rate and the response times of the information travelling from the Website to the internet are not guaranteed by Koala. Indeed, the speed at which information travels does not fall within the service offered by Koala but within the characteristics inherent in online networks.

  119. Koala may not be held liable for a malfunction, an inability to access or poor conditions of use of the Website and of the Services connected with the User’s computer system or internet connection, or with congestion of the internet network.

• 11. Privacy Policy

  120. Your privacy is important to us. We invite you to consult our privacy policy in order to understand how we collect, use and protect your personal data. By using our website and our services, you accept the terms of our privacy policy.

• 12. Intellectual property

  121. All the elements and content of the Website and of the Services, and in particular the graphics, visuals, logos, and the WYYLDE and WYYLDE.COM trademarks and domain names, are the exclusive property of Koala and/or exclusively exploited by Koala and may not be reproduced, used or represented without the prior written authorisation of Koala, including in order to create derivative works, on pain of legal proceedings.

  122. The content of the Koala Website may not be copied, altered, hacked, downloaded, disseminated, rented or sold, in any manner whatsoever, without the prior written agreement of Koala.

  123. The establishment of hyperlinks directing to the Website is strictly prohibited without the prior written authorisation of Koala.

  124. The User remains the holder of the rights they hold in their Content. They grant Koala a non-exclusive, worldwide, free licence limited to the duration necessary to host, store, technically reproduce, encode, adapt to format, display, transmit and moderate the Content within Wyylde, in accordance with the visibility settings chosen, as well as to ensure security, backup and the defence of rights.

  125. This licence does not authorise Koala to use intimate Content in an advertising campaign or to assign it for commercial purposes independent of the Service without the specific consent of the User. After deletion, limited technical copies may remain for the period strictly necessary for backups, the prevention of abuse, the handling of complaints and compliance with a legal obligation.

• 13. Termination

  126. The registered User may, at any time and free of charge, decide to end their registration by asking Koala to close their Account, by accessing the “Settings / General” section.

  127. This request will be deemed to have been made on the business day following Koala’s receipt of the Account closure request.

  128. The User acknowledges Koala’s right to end all or part of the access right corresponding to their Account and their password, and even to delete their account and their password, if Koala has proper grounds to believe that the User has breached or acted contrary to these GTU or to the wyylde.com Charter.

  129. Koala may also unilaterally, at any time and after having informed the User beforehand, discontinue without compensation of any kind the supply of all or part of the Website and/or of the Services.

  130. The termination of the User’s Account at their request or by Koala shall not give rise to any right to reimbursement of the sums already paid by the User for the use of the Website.

  131. The User will be informed of the termination of their Account by email, at the address indicated upon their registration.

  132. The Personal Data relating to the User becomes immediately inaccessible to other members and is no longer visible on the Services.

  133. For more information on the archiving and deletion of personal data, the User may refer to article 9 of these GTU.

• 14. Amendments to the GTU

  134. These GTU cancel and replace the previous GTU.

  135. The GTU may be amended at any time by Koala. The amendments will be brought to the User’s attention by a message sent to their “wyylde.com” message box and by their publication online on the Website.

  136. Any significant amendment to the GTU is notified clearly on a durable medium and within a reasonable period before it enters into force, generally thirty days. The notification describes the amendment, its date, its reason and the User’s rights. An urgent amendment imposed by law, by an authority or by a security risk may enter into force more quickly, with information provided as soon as possible.

  137. Where the amendment requires a new acceptance, the User is invited to express it actively. In the event of refusal, they may cease using the Platform and close their Account. The rights attached to a paid Service remain protected by the following paragraphs.

  138. The amendments will enter into force as from their publication online on the Website.

• 15. Applicable law and disputes

  139. These GTU are governed by French law. However, if the User is a consumer residing in another Member State of the European Union, they benefit from the mandatory rights granted to them by the legislation of their country of residence, in accordance with Regulation (EC) No 593/2008.

  140. Any dispute relating to the interpretation or performance of these GTU shall fall within the jurisdiction of the competent French courts, subject to the mandatory rules applicable to consumers.

  141. In accordance with articles L. 612-1 et seq. of the French Consumer Code, the consumer User also has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute between them and Koala. After having contacted us and in the absence of a response satisfactory to you, you may have recourse free of charge to a consumer mediation procedure with:

  CM2C
  49 rue de Ponthieu 75008 PARIS
  Tel: 01 89 47 00 14
  Website: https://www.cm2c.net/declarer-un-litige.php
  Email: litiges@cm2c.net

  142. The User may obtain information or ask questions through the “Support” section accessible on the home page of the Website or by writing to: Koala, 121 rue Edouard Vaillant - 92300 LEVALLOIS PERRET

  143. In the event of a translation of these GTU, only the French version is authoritative.