Notice and Take Down Policy
Version: October 23rd 2018
Bounce Boss respects your rights and expects that you respect the rights of others. In the unfortunate event that Bounce Boss finds or is notified of unlawful files or content being distributed through it’s Service, we will follow the procedures described in this Notice and Take Down Policy.By using our website or file transfer service, you agree to be bound by our Notice and Take Down Policy below.
Code of Conduct
Bounce Boss subscribes to the English Notice and Take Down Code of Conduct (“Code”) of the Platform Internet Security. This Code of Conduct establishes procedures for internet intermediaries like Bounce Boss to deal with reports of (alleged) unlawful content, directed at removal of disputed content (“Report” or “Reports”). This Notice and Take Down Policy (“NTD Policy”) describes the procedures and time limits Bounce Boss applies in dealing with such Reports.
Any person or organization that makes a Report (“Notifier”) has the duty to ensure that it is correct and complete. Bounce Boss should be able to verify that Reports following an investigation regarding a criminal offence have originated from an inspection or investigation service, or – in the case of a formal legal order – from the Public Prosecutor’s Office. A Report of any other nature than the foregoing should include at least the following information:
1. Notifier’s contact details, name, function, organisation, address, email address);
2. all information Bounce Boss needs in order to evaluate the lawfulness of the disputed content, including its location (URL);
4. motivation of the reason(s) why Bounce Boss is the most appropriate intermediary to deal with the matter.
Notifier will provide Bounce Boss with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions Bounce Boss has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service.
Notifier might request Bounce Boss to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. Bounce Boss determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.
Bounce Boss shall evaluate the Report and classify it into one of three categories:
1. punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office;
2. unequivocally unlawful content and/or punishable content reported by other sources than the authorities listed under 1); and
3. all other content, falling neither under category 1) or 2).
Bounce Boss’s categorisation of the Report determines which measures are taken to address the Report.
• In the event that Bounce Boss determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), Bounce Boss ensures that the content concerned is immediately removed;
• In the event that Bounce Boss determines that the content concerned is not unequivocally unlawful or punishable, in other words falls under the above mentioned category 3), the content concerned shall not be removed. Bounce Boss will inform Notifier accordingly;
• In the event that Bounce Boss is not or insufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, Bounce Boss will inform Content Provider about the Report with the request to (i) allow Bounce Boss to remove the content or (ii) to contact Notifier. If Notifier and Content Provider are unable to reach an agreement, Notifier can make an official report to the police if a criminal offence might be concerned. If it concerns content that is alleged to be unlawful under civil law, Notifier can bring the dispute with Content Provider before a English court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, Bounce Boss has the right to (i) provide Notifier with the Content Provider’s name, email address and IP-address or (ii) to remove the content concerned.
Categorisation and appropriate measures will preferably take place as soon as possible, yet ultimately 10 days after receiving the Report.
In the events that content is to be removed, Bounce Boss shall exercise due caution to ensure that no more than the necessary content, in regards of the Report, is removed.
You can contact Bounce Boss at legal@BounceBoss.co.uk. If you have any questions, just send us an email in English.