Effective from 17 February 2024
This Policy provides you with information in accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (Text with EEA relevance) (the “DSA”), as we meet the definitional criteria of a provider of intermediary hosting services (the “Policy”).
This Policy sets out the necessary information about our rights and obligations under the DSA.
Nice Reply, s.r.o., with its registered seat at Staré Grunty 3546/7A, 841 04 Bratislava - Karlova Ves, Slovak Republic, ID No.: 46682007, registered in the Commercial Register maintained by the Municipal Court Bratislava III, Section Sro, File 81612/B
The contact email is dsa@nicereply.com, and serves as the designated point of contact for both you and government authorities concerning matters related to the DSA. You can communicate with us in English, Slovak and Czech.
Communication with us via the above-mentioned email does not rely on automated means of communication, therefore your messages are always handled by an actual natural person.
According to Article 16 of the DSA, your notification of illegal content must contain all the elements listed below:
- Sufficiently substantiated explanations of why you consider the content to be illegal,
- Clearly stating the exact electronic location of this information by (i) providing us with the URL, (ii) making available to us the form in which the illegal content occurred, (iii) sending us a screenshot showing where the illegal content is located. By submitting a notification of illegal content, you also agree to provide us with reasonable assistance to locate the illegal content if it is not identifiable from the information you submit,
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Your name and surname, unless it involves one of the following offenses:
- Crimes related to sexual abuse,
- Crimes related to sexual exploitation,
- Offenses related to child pornography,
- Contacting children for the purpose of sexual abuse,
- Incitement, aiding and abetting an attempted offense.
- By submitting a notification of illegal content, you also represent that you are doing so in good faith and that you are providing us with accurate and complete information about the illegal content.
If your notification lacks any of the above information, we reserve the right to contact you with a request for the missing information.
If you submit a notification of illegal content under this clause, we will notify you within a reasonable period of time (but without undue delay) of our receipt of such notification.
After assessing the reported content, we will inform you within a reasonable period of time (but without undue delay) about how your report will be handled.
If you disagree with our decision or the reasoning behind it regarding illegal content, you have the right to complain about it within 6 months of us informing you of how we have dealt with your report. You can file a complaint electronically via email, which is also the medium used to report illegal content available on our website and platform.
We will respond to your complaint within a reasonable time (but without undue delay) and clarify your objections.
Note: If the complaint or report is unfounded, we will inform the individual who submitted it. However, if the complaint or report is repeated, despite the notice sent to the individual making the report, we reserve the right to suspend consideration of the complaint or report made by that individual for 12 months.
Illegal content is information which, in itself or by reference to a specific activity, does not comply with generally applicable laws of a Member State or the European Union. Illegal content may include, but is not limited to:
- infringing content;
- content that is discriminatory, offensive, abusive, vulgar, incites hatred or otherwise violates personal rights;
- presentation of products and information about them that do not comply with certain legal requirements or violate the rights of others.
We cannot detect illegal content on our own and we rely solely on information about the existence of illegal content from any person or entity, including trusted whistleblowers, who bring it to our attention.
We do not perform prior and automated identification and verification of illegal content. Decisions are made upon receiving information about its existence from another person or entity.
Upon receipt of information about illegal content, we assess its legality and, if it's deemed illegal, remove or restrict access to it. Should it take longer to assess, we reserve the right to temporarily restrict access to content reported as illegal.
If a recipient of our service reports content that is illegal or violates the Terms, we may also:
- restrict visibility of certain information, including removal, preventing access and storing it;
- suspend or terminate the service in whole or in part;
- suspend account access or terminate the electronic service contract with immediate effect.
Decisions on illegal content are always made by an actual natural person, without automated and/or algorithmic decision-making.
We respect the fundamental rights of our service recipients and the right to freedom of expression and information. We provide justifications for any restrictions applied.
If a restriction is applied, we also provide a justification to all affected recipients as to why it was necessary.
The DSA mandates us to perform the specified acts or provide the information if ordered by a competent judicial or administrative authority. If such actions concern you or the content you've provided to us, we will inform you upon receipt of such an order within the specified limit or, if unmentioned, at the time the relevant measures are taken.
Upon learning of any information indicating a potential criminal offense against life or safety, we will immediately inform the competent authorities in the concerned Member State(s) and share all available information for effective action. Our priority is to ensure the safety and protection of our clients' interests.
Your right to report illegal content is supported by our commitment. Reports can be made via the mentioned email. If you notice illegal content on our service, you have the right to report it to us. You can do so via the mentioned email.
