Terms of Use

By using the Toguna website and Toguna service you are agreeing to be bound by the following terms and conditions (Terms of Use).

Basic Terms

1. You must be 13 years or older to use this site.
2. You may not post nude, partially nude, or sexually suggestive photos.
3. You must not abuse, harass, threaten, impersonate or intimidate other Toguna users.
4. You may not use the Toguna service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
5. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (Content) that you submit, post, and display on the Toguna service.
6. You must not modify, adapt or hack Toguna or modify another website so as to falsely imply that it is associated with Toguna.
7. You must not access Toguna’s private API by any other means other than the Toguna application itself.
8. You must not crawl, scrape, or otherwise cache any content from Toguna including but not limited to user photos.
9. You must not create or submit unwanted email or comments to any Toguna members (Spam).
10. You must not use web URLs in your name without prior written consent from Toguna, inc.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. You must not, in the use of Toguna, violate any laws in your jurisdiction (including but not limited to copyright laws).
13. While Toguna prohibits such conduct and content on its site, you understand and agree that Toguna cannot be responsible for the Content posted using it’s application and you nonetheless may be exposed to such materials and that you use the Toguna service at your own risk.

General Conditions

1. We reserve the right to modify or terminate the Toguna service for any reason, without notice at any time.
2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail according to the preference expressed on your account. What constitutes a material change will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
3. We reserve the right to refuse service to anyone for any reason at any time.
4. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.

Proprietary Rights in Content on Toguna

1. Toguna does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, Content) that you post on or through the Toguna Services. By displaying or publishing (posting) any Content on or through the Toguna Services, you hereby grant to Toguna a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly (private) will not be distributed outside the Toguna Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Toguna Services or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Toguna Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Toguna Services.
3. The Toguna Services contain Content of Toguna (Toguna Content). Toguna Content is protected by copyright, trademark, patent, trade secret and other laws, and Toguna owns and retains all rights in the Toguna Content and the Toguna Services. Toguna hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Toguna Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the Toguna Services.
4. The Toguna Services contain Content of Users and other Toguna licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Toguna Services.
5. Toguna performs technical functions necessary to offer the Toguna Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Toguna Services.
6. Although the Site and other Toguna Services are normally available, there will be occasions when the Site or other Toguna Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Toguna. Also, although Toguna will normally only delete Content that violates this Agreement, Toguna reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Toguna in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Toguna encourages you to maintain your own backup of your Content. In other words, Toguna is not a backup service. Toguna will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content.

Data protection policy

• Toguna may collect personal data directly from you or indirectly via third parties. Toguna only collects the data necessary for the purposes for which it is processed.
• The categories of data collected during your usage are:
  1. Profile data including avatar & pseudonym for users differenciation
  2. Usage data: including screen visited, locations accessed for internal performance and optimization of the service
• Your personal data is collected and processed only in accordance with the legal grounds provided for by current regulations:
  1. Based on your consent: User account management within a toguna;
  2. To ensure compliance with our legal and regulatory obligations as defined by applicable legislation.

Retention period

• Personal data may be retained for a maximum period of one (1) year from the end of the commercial relationship.

Who are the recipients?

• Your personal data may be processed by the company's authorised personnel, or by the partners or service providers of Toguna. Use of these partners or service providers is necessary for the proper performance of the contract between you and Toguna.
• None of these recipients are located outside the European Union, which ensures full compliance with the Regulations.

How secure is your data?

• We have implemented technical and organisational measures to protect your data appropriately in accordance with its nature, the extent of processing and its accessibility. This could be for example data encryption, access rights management, etc.
• All of our employees and service providers are required to respect the security and protection of your data.

What are your rights?

• You may at any time request access to your personal data, its correction, deletion (insofar as this does not hinder the proper fulfilment of your compliance with the legal obligations of Toguna) and the limitation of one or more specific processing operations involving your data, as provided for by the Regulations.
• You also have the right at any time to modify or withdraw any consent you have given us regarding the processing of your personal data.
• You also have the right to object to the processing of your personal data and the right to its portability, in accordance with the conditions set out by the Regulations.
• Your personal data may be stored or deleted after your death in accordance with the Regulations. You have the right to instruct Toguna to disclose this data to a third party previously specified by you.
• You can access all your personal data by going to the Profile section of the Toguna Service

• Toguna peut collecter des données personnelles directement auprès de vous ou indirectement via des tiers. Toguna ne collecte que les données nécessaires aux fins pour lesquelles elles sont traitées.
• Les catégories de données collectées lors de votre utilisation sont:
  1. Données de profil comprenant avatar et pseudonyme pour la différenciation des utilisateurs
  2. Données d'utilisation: y compris l'écran visité, les emplacements consultés, diagnostic sur les pannes pour les performances internes et l'optimisation du service
  3. identifiant d'appareil haché pour la reconnaissance de l'appareil
• Vos données personnelles sont collectées et traitées uniquement dans le respect des bases légales prévues par la réglementation en vigueur:
  1. En fonction de votre consentement: gestion de compte d'utilisateur, partage de vos informations avec d'autres utilisateurs au sein d'un toguna;
  2. Assurer le respect de nos obligations légales et réglementaires telles que définies par la législation en vigueur.