CONTENT POLICY v12.06.2024

 This document is published by Loly, represented by ITDW, a limited liability company whose address is Rue Jean-Joseph Piret 105, 6280 Gerpinnes (hereinafter referred to as “the Operator”, “We” or “Loly”) as part of our commitments to our payment service partners who provide Creators with payment services via Loly. It is intended for Creators of content referenced as such on the Loly Platform (hereinafter “Creators”, or “You”) and supplements the General Terms of Services (GTS) that they must accept upon certification. In order to benefit from our services, you agree not to upload, post or publish on Loly any content that:

    1. shows, includes or refers to :

    • any individual under the age of 18 (or who refers to individuals under the age of 18 in general); or

    • any other person, unless you have a document confirming that all persons shown, included or referred to in your content are at least 18 years of age, and you have obtained written consent from each person to use his or her name or image in content published on Loly ; 

    1. shows, promotes, advertises or refers to :
        1. firearms, weapons, or any goods whose sale, possession or use is subject to prohibitions or restrictions; 

        1. drugs or drug paraphernalia;

        1. self-mutilation or suicide;

        1. incest ;

        1. bestiality ;

        1. violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sado-masochistic abuse or bondage, extreme fisting or genital mutilation;

        1. necrophilie ;

        1. urinary, scatological or excrement-related material;

        1. revenge porn” (i.e. any sexually explicit material featuring a person who has not given their prior, express and fully informed consent for such material (a) to be taken, captured or otherwise stored, or (b) to be published and shared on the platform);

        1. escort services, sex trafficking, pimping or prostitution. 

    1. contains unsolicited sexual content or unsolicited language that makes another user or any other person a non-consensual sexual target, or contains false or manipulated sexual content in relation to another user or any other person (including “deepfakes”) ;

    1. contains, promotes, advertises or refers to hate speech (i.e. content intended to vilify, humiliate, dehumanize, discriminate, exclude, attack, threaten or incite hatred, fear or violence against any group or individual because of their race, ethnic origin, nationality, immigration status, caste, religion, gender, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status or any other protected characteristic);

    1. contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, e-mail addresses, platform login credentials, financial information, including bank account details and credit and debit cards, biometric data and medical records) without that person’s express written consent;

    1. either :
        1. in the case of content depicting public nudity, recorded or broadcast from a country, state or province where public nudity is illegal; or

        1. in the case of content depicting sexual activity, recorded or broadcast from a public place where members of the public are reasonably likely to view the activities in progress (this does not include outdoor locations where members of the public are not present, for example private property such as a private backyard, or secluded areas in nature where members of the public are not present).

    1. gives the impression that it originates from Loly, or that it is approved, authorized or endorsed by Loly;

    1. causes or is calculated to cause annoyance or anxiety to someone else or is likely to upset, embarrass or seriously offend someone else, particularly in the case of content amounting to revenge porn ;

    1. is used or is intended to be used to extract money or other advantage from someone else in exchange for the removal of the content.

Any breach of these obligations may give rise to the account restriction measures detailed in the TOS, which the Creator accepts in advance. In this respect, Loly reminds you that it is implementing the measures described below to ensure that these requirements are met.

Process for fighting illegal content

Loly is particularly committed to combating illegal content and all forms of online violence. In this respect, in compliance with the legal framework and its status as host of content edited and published by Creators, Loly has set up a process to combat such illicit content, organized as follows:

    1. Loly certifies any user wishing to become a Creator on the Platform by requiring identification and a selfie in real time. These identification elements are processed and authenticated by an artificial intelligence solution to minimize the risk of falsification.
      Thanks to this certification, Loly can identify any author of potentially illicit content and, if necessary, initiate the necessary proceedings.

    1. All content, when uploaded by a creator, is analyzed by another artificial intelligence solution which automatically detects any element that could possibly be considered as prohibited by law or the present Content Policy.

    1. Any content containing a detected illegal element is blocked and may not be published.

    1. Similarly, if a Creator proposes content featuring several third parties, he/she may be required to provide proof of the consent of these persons (assignment of image rights and authorization to broadcast);

    1. Any dispute or uncertainty during this process prior to the publication of Content can be forwarded to the team dedicated to these moderation issues.

    1. Once the content has been published, Loly then carries out random checks, enabling it, for example, to further analyze content linked to “exceptional” or “abnormal” transactions. Should Loly find any content to be manifestly illicit, it may be removed.

    1. Finally, in line with its status as a hosting provider, Loly acts promptly on any content notified to it as potentially illicit. Each piece of content features a button enabling any user to make a notification of illegal content in due and proper form, which may lead to the deletion of the media.

Policy to prevent minors from accessing pornographic content

Loly’s mission has always been to prevent minors from accessing violent or pornographic content. This is why the Loly Platform is forbidden to any user (Creator or subscriber) under the age of 18. Loly does, however, verify the age of the various categories of users:

    1. Regarding the verification of Creators’ age: the age of each Creator is verified by means of his or her ID and a selfie of the Creator holding his or her ID at the time of certification. These elements are processed and authenticated by an artificial intelligence solution.

    1. With regard to the integrity of consent and the majority of people appearing on content, in accordance with its Anti-Exploitation Policy, Loly implements drastic verification procedures:

    • Using an artificial intelligence solution, Loly analyzes all content uploaded by Creators to automatically detect potentially illicit elements.

    • If a Creator uploads content featuring several third parties, he or she must provide proof of these people’s consent (assignment of image rights and authorization to distribute).

    • Loly requires that any agency presenting itself as the agent of a Creator registered on the platform sign a formal contract with the Creator, containing a transfer of image rights and a distribution authorization.

    1. When it comes to verifying the age of users wishing to access content containing nudity or pornography, Loly has gone further than the legal requirements.

      Thus, while users already declare on their honor that they are of legal age when registering, they will nevertheless have to undergo a control operated by an artificial intelligence solution when attempting to access said content. This solution is based on real-time analysis of facial features to determine the user’s real age. If the age assessment leaves any uncertainty, then the User can choose to prove their age by any means, in compliance with the RGPD, to a human interlocutor.

ANTI-EXPLOITATION POLICY

This document is published by Loly, (hereinafter “the Operator”, “We” or “Loly”) as part of our commitments to its payment service partners providing Creators, through it, with payment services. It is intended for all users of the Loly Platform, including subscribers, Internet users, Creators, Ambassadors and partner agencies (hereinafter “Users”, or “You”).

ANTI-SLAVERY POLICY STATEMENT 

Modern slavery is a crime and a violation of fundamental human rights. It takes many forms, such as slavery, servitude, forced and compulsory labor and all forms of human trafficking, all of which have in common the deprivation of one person’s freedom by another in order to exploit them for personal or commercial gain. Loly has a zero-tolerance approach to modern slavery and all forms of exploitation of people in situations of weakness, and is committed to acting ethically and with integrity in all its transactions and business relationships, and to implementing and enforcing effective systems and controls to minimize the risk of modern slavery, whether within our company, with our partners and other subcontractors, or among our creators. We are also committed to ensuring the transparency of our own business and the processes put in place to combat modern slavery.We expect the same degree of intransigence from all our designers, suppliers and other business partners. Thus, as part of our contractual processes, we include specific prohibitions against the use of forced, compulsory or trafficked labor, or any person held in slavery or servitude, whether adults or children, and we expect our suppliers to impose the same standards on their own suppliers. This policy applies to all persons working for us, with us or on our behalf, in any capacity whatsoever, including employees at all levels, directors, managers, temporary workers, seconded workers, volunteers, trainees, agents, contractors, external consultants, third-party representatives and business partners. 

Policy responsibility Loly has overall responsibility for ensuring that this policy complies with our legal and ethical obligations, and that all those with whom it is associated comply with it. We are responsible for implementing this policy, monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure that they are effective in combating modern slavery. Management at all levels must ensure that their employees and other representatives understand and comply with this policy, and receive adequate and regular training on it and on the issue of modern slavery in supply chains. You are invited to comment on this policy and suggest ways of improving it. Comments, suggestions and questions are encouraged and should be addressed to legal@Loly.fans. 

Details of this policy towards Designers Loly intends to combat any form of human trafficking that may be linked, directly or indirectly, to the content provided by creators referenced on its platform. In this respect, Loly systematically verifies the age and consent of people who may appear on content. In practice, Loly :

1.Subjects each Creator to a certification process

All Creator candidates must provide proof of identity, as well as a real-time selfie to prove their age and consent. This data is processed and authenticated by an artificial intelligence solution.

2.Requires any third party appearing in content to provide proof of consent and age of majority

Loly seeks to ensure that any person appearing in content published on its platform who is not the Creator himself is of legal age and consents to the content representing him being broadcast on its platform. Each Creator is thus contractually bound to guarantee and be able to prove that any person who may appear in one of his or her contents is of legal age and that he or she formally agrees to the content in which he or she appears being broadcast and marketed on Loly. In addition, Loly uses an artificial intelligence solution to analyze all content uploaded by creators, in order to automatically detect potentially illicit elements. If a creator uploads content featuring several third parties, he or she is required to provide proof of these people’s consent (assignment of image rights and distribution authorization). In addition, during random checks, creators may be required to provide a posteriori proof of the consent and majority of a third party appearing in a piece of content. Finally, Loly requires any agency that presents itself as the agent of a creator registered on the platform :

    • has entered into a formal contract with the commissioning designer, containing a transfer of image rights and a distribution authorization;

    • has signed the present Anti-Exploitation Policy.

The same applies to Ambassadors registered on Loly, who must, at the end of the General Terms and Conditions of Sponsorship, sign and accept without reservation the present Anti-exploitation Policy.

Policy compliance You must ensure that you read, understand and comply with this policy. The prevention, detection and reporting of modern slavery is the responsibility of everyone who works with us or under our control. You are expected to avoid any activity that may lead to or suggest a breach of this policy. You must inform your line manager OR your Loly contact as soon as possible if you believe or suspect that a conflict with this policy has occurred or may occur in the future. We encourage you to raise concerns about any issues or suspicions of modern slavery with any of our designers, ambassadors, or business partners as soon as possible. If you are unsure whether a particular act, the treatment of workers in general, or their working conditions at any level of our supply chains constitute one of the various forms of modern slavery, raise the issue with your line manager or by writing to legal@Loly.fans. We wish to encourage open-mindedness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be wrong. We are committed to ensuring that no one suffers detrimental treatment for reporting in good faith their suspicion that modern slavery, in any form, is or may be practiced in any part of our business or in any of our supply chains. Adverse treatment includes dismissal, disciplinary action, threats, termination of established business relationships or any other adverse treatment related to raising a query or concern. This policy and declaration on modern slavery and all forms of human trafficking is addressed to designers, ambassadors, agencies and companies in all countries.

Communicating and raising awareness of this policy Any employee, ambassador or designer working with us may be offered training on this policy and on the risk our company faces as a result of modern slavery. Our zero-tolerance approach to modern slavery must be communicated to everyone working for or with us.

Disclosures If you believe or suspect that a violation of this policy has occurred or may occur, we invite you to :

    • inform your line manager or the head of your company, who will contact our services;

    • please contact legal@Loly.fans.

Violation of this policy Any employee who breaches this policy may be subject to disciplinary action, which may result in dismissal for misconduct or gross negligence. Similarly, any offence involving modern slavery or any form of human trafficking may give rise to measures restricting contractual relations with the ambassador or designer concerned.

CHILD PROTECTION POLICY

Declaration 18 USC 2257

Loly is not the producer (at any level) of the content available on the Loly.fans website. With respect to 18 USC 2257, for any content available on this site, please address your request to the creator who published the content.

Loly is a social network that allows the sharing and viewing of various types of content (videos or photos). Although Loly does its best to verify the compliance of all hosted media, these verifications may not be 100% reliable.

Loly follows the following procedures to ensure compliance:

– Require all “creator” users to be 18 years of age or older to register and add videos and photos.

– For help and/or information on finding the creator of content, please contact our support team at support@Loly.fans.

Loly allows its users to report content as inappropriate. If content is reported as illegal, harassing, harmful, offensive or for any other reason, Loly will remove it from its platform without delay.

Loly users who encounter this type of content are invited to report it as inappropriate by clicking on the ‘Report this media’ link located under each video or photo.