Illegal Content Notice (Digital Services Act)

This notice is issued by Espero-Soft Informatiques SRL, operator of the domilinko platform, a marketplace for renting properties between private individuals and agencies.

In its capacity as a provider of an intermediary service and of an online platform within the meaning of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services (Digital Services Act, hereinafter the « DSA »), domilinko provides a mechanism enabling any person or entity to report the presence of information, listings or behaviour it considers to be illegal content.

Illegal content means any information that, in itself or in relation to an activity, is not in compliance with Union law or the law of a Member State, irrespective of the precise subject matter or nature of that law.

domilinko acts as a hosting service provider for the listings and content published by its users and is not the author of that content. This document sets out the applicable arrangements for notification, handling, decision-making and redress.

domilinko provides a single electronic point of contact for reports of illegal content: signalement@domilinko.com.

This point of contact allows users, as well as the authorities and courts of the Member States, to communicate directly and rapidly with domilinko by electronic means.

For any other request relating to the services, you may also write to info@domilinko.com.

The languages accepted for submitting a report and for related communications are English, French and Dutch. A report drafted in another language may be subject to delayed handling or to a request for reformulation.

In accordance with Article 16 of the DSA, domilinko establishes an easily accessible and user-friendly mechanism to report any allegedly illegal content, listing or behaviour.

To submit a report, you send a notification to signalement@domilinko.com, or use, where available, the reporting form or button integrated into the relevant listing page.

The mechanism allows notifications to be submitted exclusively by electronic means. The submission of a sufficiently precise and adequately substantiated notification gives rise, on the part of domilinko, to actual knowledge of the reported content.

In order to enable domilinko to assess and handle your report diligently, your notification must contain the following elements:

a) a precise indication of the electronic location of the information, in particular the exact URL(s), as well as, where relevant, the identifier of the listing, profile or message concerned;

b) a sufficiently substantiated explanation of the reasons why you consider the content to be illegal, and the ground of illegality relied upon;

c) a clear description of the content, listing or behaviour reported;

d) your name and email address, except where the report concerns information relating to offences referred to in Articles 3 to 7 of Directive 2011/93/EU, for which the report may be anonymous;

e) a statement confirming your good-faith belief that the information and allegations contained in the notification are accurate and complete to the best of your knowledge.

An incomplete or imprecise report may be subject to a request for further information before handling.

Where your notification contains your electronic contact details, domilinko sends you an acknowledgement of receipt without undue delay.

domilinko handles all reports received as soon as possible, in a non-arbitrary, objective and diligent manner, in principle within 5 business days.

Handling is carried out impartially and with due regard to the rights and legitimate interests of all parties involved, including fundamental rights such as freedom of expression and information.

Where domilinko uses automated means for the purposes of handling or decision-making, you are informed accordingly.

Following the examination of a report or on its own initiative, domilinko may take one or more of the following measures in respect of the content or user concerned:

a) the removal of the content or listing, or the disabling of access to it;

b) the restriction of the visibility of the content or listing, in particular its demotion or delisting;

c) the suspension, termination or other restriction of the account of the user who published the illegal content;

d) the suspension, limitation or restriction of payments, payouts or financial features associated with the user or transaction concerned;

e) any other proportionate measure intended to bring the illegality to an end and to prevent its recurrence.

The measures taken are proportionate to the nature and gravity of the illegal content identified.

Where domilinko takes a moderation decision in respect of content, it informs the author of the content concerned of the decision and provides a clear and specific statement of reasons, in accordance with Article 17 of the DSA.

That statement specifies in particular the nature of the restriction, the facts and circumstances leading to the decision, the legal or contractual ground relied upon, any use of automated means, and the available means of redress.

The reporting party is also informed, where its contact details are known, of the follow-up given to its report.

Any person or entity that is the recipient of a decision is informed of the possibilities of challenge described in Articles 8 and 9 of this notice.

In accordance with Article 20 of the DSA, domilinko provides an internal complaint-handling system enabling moderation decisions to be challenged by electronic means and free of charge.

Both the authors of content affected by a restriction decision and reporting parties whose report was not acted upon may lodge a complaint.

The complaint is addressed to signalement@domilinko.com within a period of six months of the contested decision.

Complaints are examined in a timely, non-discriminatory, objective and diligent manner, under the supervision of qualified staff and not solely on the basis of automated means. Where a complaint is well-founded, domilinko reverses its decision without undue delay.

In accordance with Article 21 of the DSA, any recipient of a moderation decision, as well as any reporting party, has the right to select an out-of-court dispute settlement body certified by the competent Digital Services Coordinator in order to resolve disputes relating to such decisions, including complaints that have not been resolved by the internal system.

Recourse to such a body is not binding on the parties and does not deprive any of them of the right to bring judicial proceedings.

These provisions are without prejudice to the right of users and third parties to bring proceedings before the competent courts at any time in accordance with applicable law.

In accordance with Article 23 of the DSA, domilinko may, after issuing a prior warning, suspend for a reasonable period the handling of reports submitted by persons or entities that frequently submit manifestly unfounded notifications.

Likewise, domilinko may suspend, after a warning, the provision of its services to users who frequently publish manifestly illegal content.

The abusive or manifestly unfounded nature is assessed on a case-by-case basis, taking into account the number, proportion and gravity of the items concerned.

domilinko acts upon orders to act against one or more items of illegal content issued to it by the competent national judicial or administrative authorities on the basis of Union law or applicable national law, in accordance with Article 9 of the DSA.

domilinko informs the issuing authority, without undue delay, of the effect given to the order, specifying whether and when effect was given to it.

In Belgium, the reference authority is the Digital Services Coordinator designated within the Belgian Institute for Postal Services and Telecommunications (BIPT / IBPT), Boulevard du Roi Albert II 35, 1030 Bruxelles.

The authorities may contact domilinko through the point of contact indicated in Article 2 of this notice.

These terms are governed by Belgian law. Failing an amicable resolution, any dispute falls under the exclusive jurisdiction of the Belgian courts.

For any question relating to this notice or to submit a report, you may contact Espero-Soft Informatiques SRL, whose registered office is located at Rue de la Colonne 1A, 1080 Molenbeek-Saint-Jean, Belgium.

Point of contact for reports: signalement@domilinko.com. Service: info@domilinko.com. Telephone: +32 484 71 17 19.