Notice and action policy for our platform
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. We review user-uploaded Content before it is published on the Platform by using automated (AI-assisted) screening, and where needed, human moderation. Nevertheless, it may occur that you might come across illegal or incompatible Content.
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 with the requirements of the Regulation (EU) 2022/2065 (the Digital Services Act, "DSA").
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 13 (if you have a complaint) of the Terms and our Complaints Policy on how to file a complaint.
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’ on 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:
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.
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 EU 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 automated tools, including AI-assisted screening, and human review to assist us in the content moderation process.
We shall inform you of our decision within 5 business days, including whether automated means were used and how you can challenge our decision (see below).
If we believe Content to be violating EU law, the laws of an EU member state, the Acceptable Use Policy or our Terms, we may impose the following restrictions on the user (Creator or Fan) who has posted the Content:
If you frequently provide manifestly Illegal Content or frequently submit notices or complaints that are manifestly unfounded, we may, after a prior warning, suspend the processing of your notices or complaints, or suspend your account, for a reasonable period of time.
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.
If we impose restrictions, we will give you an explanation with our reasons for the decision. This statement of reasons will include the restriction imposed and its scope and duration, the facts and circumstances relied on (including whether the decision was taken following a notice), whether automated means were used, the legal or contractual ground for the decision, and the possibilities for redress available to you. 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.
If you disagree with our decision, you can file a complaint via appeal@fannilla.com within 6 months of your receipt of the decision. Filing a complaint is free of charge. This applies whether you are the person who has flagged the Content or the Creator on whom a restriction is imposed.
We shall inform you without undue delay of our reasoned decision with regard to your complaint. Complaints are reviewed by qualified staff and not decided solely by automated means. If we believe your complaint is justified, we will reverse our previous decision without undue delay.
If you disagree with our decision on your complaint, you may select an out-of-court dispute settlement body certified under article 21 of the Digital Services Act to resolve the dispute. If you are a Consumer, you may also seek redress through alternative dispute resolution (ADR) bodies in your country of residence. You can also bring your claim to court at any time. The competent court and applicable law may differ depending on your place of residence as set out in our Terms of Service.