Notice & Take Down Procedure
Our platform www.splitagift.com aims to assist and support the charities with whom we have partnered. We attach great importance to the quality of our platform and wish to prevent and/or combat (whenever necessary) the use of our platform in a manner that will infringe the right of others. In this Notice & Take Down Procedure (NTD Procedure) you can read how to notify us of an unlawful expression when you encounter such a situation, and how we subsequently deal with this. If you would like to notify us of an unlawful expression on our platform, you can use our Notification Form.
We may amend this NTD Procedure at any time. Last update of this NTD Procedure: 1 May 2015
Which expressions can be unlawful?
- Expressions on the Event Page could be unlawful because of an infringement of your image rights, your intellectual property (such as copyrights or trademarks), injury to your honour and reputation, infringement of your privacy, but also due to unlawful processing of your personal data. Examples are: submitting your photograph without your consent, making insulting or defamatory statements, or using your personal data without complying with applicable privacy requirements.
- When considering whether an expression is unlawful, you have to take into account that not all negative or displeasing expression are also unlawful. The rights of the person who made the expression could justify the expressions, for example by relying on the right to freedom of expression.
Who can use this NTD Procedure?
- You can file a notification if you are the owner of the intellectual property rights, thus if you are a (legal)person who claims that his or her rights have being infringed by something which has been posted on our platform. The victim of an unlawful expression can also file a notification. Intelligence services can also file a notification. You need to adequately demonstrate that you are the rightful owner of the intellectual property or its victim, or that you are authorised to represent such (legal)person, or that you are an intelligence service.
- Before you notify us of an unlawful expression, you should first try to induce the person who made the expression to remove it. We will only examine the notification, if you can adequately demonstrate that you have done this.
- Your notification should be sufficiently substantiated. Therefore, you must at least complete all input fields in the Notification Form as fully and carefully as possible. We only take fully and truthfully completed notices into consideration. Naturally, we only take notifications into consideration that are related to expressions on our online platform.
What actions do we take in the event of a notification?
- We aim to respond to your notification within a week. We will inform you if there is a reason not to take your notification further into consideration, or if we need more information.
- If we take your notification into consideration, we will investigate the notified expression. If we consider it sufficiently plausible that the expression (or part thereof) is unlawful, we will proceed with (partial) removal of it. Where possible, we will inform the person who made the expression. If we do not deem the unlawfulness of the expression (sufficiently) plausible, we will not proceed with the removal of the expression and inform you accordingly.
- After completing our investigation, we will destroy all documents submitted by you as soon as possible, unless we need these documents to take additional measures.
Careful consideration and indemnification
- Before you file a notification, you should carefully consider whether the expression in question is indeed unlawful. Please note that ultimately only a judge (or another independent arbiter) can determine whether it actually is an unlawful expression.
- We do not deliver an opinion on the unlawfulness and completely rely on the received notification. You are fully responsible and liable for the notification and subsequent removal (including its consequences). We have included an indemnity in the Notification Form.
- Our Privacy Statement applies to the processing of personal data in connection with a notification.
- You can download the Notification Form here. If you wish to file a notification, we request you to fill in this Notification Form as completely as possible, to sign it and send the signed form by e-mail to firstname.lastname@example.org together with any required attachments.
- Split-A-Gift B.V., registered with the Chamber of Commerce number 60687738 and having its registered office at Prins Hendriklaan 28 (1075 BD) Amsterdam, email: email@example.com; VAT number 854016326 B 01, bank account number Stichting Beheer Split-A-Gift NL08 INGB 0006 691615, registered with the Chamber of Commerce number 61644404.