Points of Contact and Reporting Illegal Content
Points of contact for authorities and users, how to report illegal content, and how decisions and reviews work.
In force from
1. What is the purpose of this notice?
1.1. This notice is issued by WZZ Lab Informatikai és Szolgáltató Korlátolt Felelősségű Társaság (short name: WZZ Lab Kft.) (registered office: 9700 Szombathely, Kassák Lajos utca 32/B 2. em. 3. ajtó, company registration number: 18-09-116842, registry court: Court of Registration of the Szombathely Regional Court, tax number: 33150176-2-18, EU VAT number: HU33150176, email address: hello@poltura.com, hereinafter: “Provider”), the operator of the Poltura Platform. Further details of the Provider are set out in the IMPRINT.
1.2. This notice makes public the points of contact under Articles 11 and 12 of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: “DSA”), as well as access to the notice mechanism under Article 16 of the DSA.
1.3. This notice is not a contractual term. The detailed procedures for reporting illegal content, restrictions, statement of reasons and review are set out in Chapter 14 of the GENERAL TERMS AND CONDITIONS. Information on personal data processed in connection with notices is provided in clause 3.13 of the PRIVACY NOTICE. Capitalised terms used in this notice have the meanings defined in the GENERAL TERMS AND CONDITIONS.
2. What are the designated points of contact?
2.1. Point of contact for authorities. The single point of contact designated for Member States’ authorities, the European Commission and the European Board for Digital Services is the email address dsa@poltura.com. The languages of communication are Hungarian and English.
2.2. Point of contact for recipients of the service. The single point of contact designated for recipients of the service is the email address support@poltura.com, which is available to all recipients of the service, as well as the support interface of the Administration Interface, which is accessible to Merchants. Communication is not conducted exclusively by automated tools. The language of communication is Hungarian.
3. How can you report content considered illegal?
3.1. If you believe that illegal content is available in any Store operated on the Platform, you may report it on the Provider’s publicly available report form. No registration or account is required to submit a notice.
3.2. A notice may also be submitted by email to the address dsa@poltura.com. Please, where possible, indicate “Reporting illegal content” in the subject line of the email. Failure to do so does not render the notice invalid.
3.3. The notice should, where possible, contain the following:
a) a sufficiently substantiated explanation of the reasons why, in your view, the content concerned is illegal, where possible indicating the statutory provision or right allegedly infringed;
b) the exact electronic location of the content concerned, in particular its network address (URL), and – where necessary to identify the content – additional information enabling the identification of the Store concerned as well as the content element concerned;
c) the name and email address of the notifier, with the proviso that in the case of a notice relating to information involving any offence referred to in Articles 3 to 7 of Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography, the provision of these details may be omitted; and
d) a bona fide statement that the data and allegations contained in the notice are, to the best of the notifier’s knowledge and belief, accurate and complete.
3.4. In the event of an incomplete notice, the Provider – if the electronic contact details of the notifier are available – may call upon the notifier to remedy the deficiencies. The incompleteness of the notice in itself does not lead to its automatic rejection if the alleged illegality and the content concerned are otherwise identifiable on the basis of the information provided; in such a case, the Provider assesses the notice on the basis of the information available to it.
3.5. A notice under this Chapter relates to the illegality of content. For inquiries regarding a Store’s products, orders or the Merchant’s performance, please contact the given Merchant directly.
4. What happens after the notice?
4.1. The Provider – if the notifier provided electronic contact details – confirms receipt of the notice without undue delay. The Provider processes the notice in a timely, diligent, non-arbitrary and objective manner, and informs the notifier of its decision taken on the basis thereof without undue delay. The notification of the decision indicates whether the Provider has applied any measure in respect of the content concerned, contains the available review and other redress possibilities, as well as – where automated means were used during processing or decision-making – that fact. If the notifier did not provide electronic contact details, the Provider cannot send the confirmation and the decision.
4.2. If the Provider establishes that the content concerned infringes legislation or its terms and conditions, it applies a measure proportionate to the case under Chapter 14 of the GENERAL TERMS AND CONDITIONS, and informs the Merchant concerned with a statement of reasons. The Provider discloses the name and contact details of the notifier to the Merchant exclusively in the event and to the extent that it is strictly necessary for assessing the alleged illegality or for the Merchant’s defence, or where its disclosure is mandatorily required by legislation.
4.3. Review. Within six months of communication of the notification of the decision, a review of the decision may be requested free of charge on the review interface indicated in the notification of the decision, or by email at the address dsa@poltura.com, where possible indicating “Review of restriction” in the subject line of the email. Please indicate in the request the content concerned, in particular its network address (URL), and – if known to you – the decision subject to the review. The review is conducted electronically, under the supervision of appropriately qualified staff; the review decision may not be based exclusively on the use of automated tools. If, on the basis of the review, the restriction or the decision proves to be unfounded, the Provider terminates the restriction without undue delay and restores the content concerned or the restricted scope of the Service, or, where no measure was taken, takes the necessary proportionate measure, and informs the applicant of the outcome of the review.
4.4. The submission of a request for review – in the absence of information to the contrary – does not suspend enforcement of the restriction, and does not affect the right of the person concerned to turn to a court or competent authority.
