Notice and Action Policy

NOTICE AND ACTION POLICY

Notice and action policy for our platform

Scope of this policy

This Policy applies to notices submitted in relation to Content that is accessible in the European Union and to users located in the European Union, for the purpose of compliance with the Digital Services Act.

For users located outside the European Union, including in the United States, similar notice-and-action processes may apply as a contractual matter under our Terms of Service and applicable local laws.

We (Fannilla B.V.) want to ensure that our Platform is a safe space where you can enjoy and/or post Content. However, we cannot and are not obliged to review all Content that is posted on our Platform. So, you might come across illegal or incompatible Content.

Illegal Content means any Content that is in violation of the law, such as: infringement of intellectual property rights, incitement to violence and child abuse material.
Incompatible Content means any content that is incompatible with our Terms or Acceptable Use Policy. This also includes Content that is not directly illegal, but we still want to avoid on our platform, such as: cyber bullying.

With this notice-and-action policy (the Policy) we want to inform you on how you can notify us of illegal or incompatible Content. We also want to inform the Creators on what will happen if their Content is reported as illegal or incompatible. This Policy is in line the requirements of the European Digital Services Act.

All capitalised terms in this Policy have the same meaning as in the Terms.

If you have a complaint about something other than illegal or incompatible Content (for example our services) please see article 12 of the Terms on how to file a complaint.

How can you notify us of illegal or incompatible Content?

If you believe Content is illegal or incompatible, you can notify us by following this roadmap:

Step 1: Report the Content

Click on ‘report content’ in your screen when you view the Content and fill out the form.

Step 2: Motivate your notice

If you report Content, we need at least the following information from you:

your name and email address (unless you are reporting sexual abusive or child pornographic Content); and
a reasoned explanation why you allege the Content to be illegal or incompatible.

Step 3: Confirm you are bona fide

If you report Content, you declare that (i) you sincerely believe that the Content is illegal or incompatible and (ii) that your notice is complete and accurate. We will explicitly ask you to confirm this.

What happens after your notice?

If we receive your notice, we shall immediately send you a confirmation of receipt.

We will investigate your notice. We will assess whether the reported Content violates European Union law or the laws of an EU Member State (where applicable), and/or whether it violates our Acceptable Use Policy, or our Terms . We use the software tool Ondato.com to assist us in the content moderation process.

We shall inform you of our decision within 30 days.

Suspension and termination

If we believe Content to be violating European Union law, the laws of an EU member state, the Acceptable Use Policy or our Terms we may impose the following restrictions on the Creator who has posted the Content:

deletion of the relevant Content
suspending or deleting the account of the Creator
suspending or terminating the Creator Earnings; or
a combination of the above restrictions.

If we suspect a criminal offense involving a threat to the life or safety of a person has taken place or is likely to take place, we will immediately inform the relevant authorities.

How will we notify you of restrictions?

If we impose restrictions, we will give you an explanation with our reasons for the decision. We strive to inform you 48 hours before the restriction is imposed. At the latest we shall inform you on the date the restriction will be imposed.

What if you disagree with the decision?

If you disagree with our decision, you can file a complaint via help@fannilla.com within 6 months of your receipt of the decision. This applies whether you are the person who has flagged the Content or the Creator on who a restriction in imposed.

We shall inform you without undue delay of our decision with regard to your complaint. If we believe your complaint is justified, we will reverse our previous decision without undue delay.

What if you disagree with the decision on your complaint?

You can bring your complaint to court. Please see our Terms for which court you can bring your claim. The competent court and applicable law may differ depending on your place of residence and the entity providing the Platform to you, as set out in our Terms of Service.