User Content Moderation Policy

§ 1 General Provisions

  1. BizYou Sp. z o.o., with its registered office at Al. Jerozolimskie 181 B, Brain Embassy Adgar West Park, 5th floor, 02-222 Warsaw, entered into the Register of Entrepreneurs of the National Court Register under number KRS 0000828200, Tax Identification Number (NIP): 1182206020 (hereinafter referred to as the “Provider”), in connection with the provision of intermediary services in the form of hosting services consisting of:
    – maintaining social media profiles, and
    – storing content within webinars and online trainings,
    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 and amending Directive 2000/31/EC (Digital Services Act) (hereinafter referred to as the “DSA”), and the obligations arising therefrom, hereby adopts these Regulations (hereinafter referred to as the “Regulations”).
  2. Whenever these Regulations refer to:
    a) Social Media – this shall mean any profiles (fan pages) operated by the Provider on platforms such as Facebook, LinkedIn, and YouTube,
    b) Platforms – this shall mean any space in which the User has the ability to post User Content used by the Provider for the purpose of conducting webinars and online trainings,
    c) User – this shall mean any person visiting the Provider’s Social Media or using the Provider’s services through the Platforms,
    d) User Content – this shall mean any information generated or provided by the User in the course of using the Provider’s Social Media or Platforms, in particular comments, direct messages, posts, and notes.
  3. Pursuant to the provisions of the Digital Services Act (DSA), the Provider has designated a contact point for direct communication with Member State authorities, the European Commission, the Digital Services Board, as well as with Users, via the following e-mail address: bizyou@bizyou.pl.

§ 2 Rules Concerning the Moderation of User Content

  1. The Provider shall not be held liable for User Content posted on Social Media or Platforms where the Provider:
    a) has no actual knowledge of any illegal activity or illegal User Content, and, with respect to claims for damages, is not aware of facts or circumstances that clearly indicate illegal activity or illegal User Content; or
    b) acts expeditiously to remove or disable access to illegal User Content once it has obtained such knowledge or awareness.
  2. A User intending to post User Content on Social Media or Platforms is obliged to act in accordance with the principles of social coexistence and good morals, including the proper and substantive use of written language.
  3. The User shall not post User Content that constitutes illegal content within the meaning of the Digital Services Act (DSA), generally applicable laws, or that otherwise violates these Regulations or good morals. In particular, the User shall not post User Content that:
    a) is inconsistent with the topic of the given thematic module or interest group;
    b) duplicates content previously posted within the given thematic module or interest group;
    c) concerns technical matters related to the functioning of the Platforms or Social Media;
    d) contains links or other content of a spam nature;
    e) serves to conduct activities competitive to the Provider, e.g., the promotion of competing business activities;
    f) serves to conduct prohibited advertising, promotional, or marketing activities, in particular by posting advertisements, selling, or promoting products, services, projects, or fundraising campaigns;
    g) serves to carry out illegal actions, e.g., attempts at fraud or financial extortion from other Users;
    h) incites violence against any living beings, including animals, or condones such violence;
    i) promotes any fascist or other totalitarian political regime;
    j) incites hatred based on gender, sexual orientation, nationality, ethnicity, race, religion, or lack of religion, or condones such hatred;
    k) insults a group of people or individuals due to their gender, sexual orientation, nationality, ethnicity, race, religion, or lack of religion;
    l) contains chauvinistic or misogynistic content, or exhibits signs of gender discrimination;
    m) defames or insults any third party;
    n) violates the personal rights of any third party;
    o) infringes the copyright of any third party;
    p) contains vulgarities or other offensive content;
    q) encourages or glorifies dangerous behavior;
    r) insults religious feelings;
    s) may cause discomfort to other Users, particularly through lack of empathy or respect;
    t) is otherwise unlawful or contrary to applicable law.
  4. If the Provider becomes aware that a User has violated generally applicable laws, including the Digital Services Act (DSA) or these Regulations, the Provider may decide to impose the following restrictions on the provision of services:
    a) blocking access to such content on Social Media or Platforms;
    b) permanently deleting such content from Social Media or Platforms;
    c) removing the User from a webinar or online training session within the Platforms;
    d) blocking the User’s access to the Provider’s Social Media or Platforms;
    e) permanently deleting the User’s account from the Platform;
    f) suspending the User’s ability to use certain functions within Social Media or Platforms, such as screen sharing, microphone (muting the User), camera (disabling the User’s camera), or posting comments, for a specified period of time;
    g) permanently preventing the User from using certain functions within Social Media or Platforms, such as screen sharing, microphone, camera, or posting comments.
  5. The Provider shall make the decision referred to in §2(4) of these Regulations based on the seriousness of the matter and the degree of the violation of applicable law or these Regulations, guided by the principles of proportionality and adequacy.
  6. With respect to Social Media, the implementation of a given restriction shall occur only after prior justification of the decision has been presented to the User who committed the violation. With respect to Platforms, due to their specific nature, the restriction may be imposed prior to providing justification to the User. In such cases, the User shall receive the decision within 7 days of the restriction being imposed. The User has the right to appeal the Provider’s decision under the principles set out in the justification.
  7. The Provider reserves the right to verify User Content posted on Social Media and Platforms at its own discretion and at times of its choosing. Such verification activities shall be undertaken with due diligence and in good faith. Verification is carried out for the purpose of detecting, identifying, and potentially removing, restricting, or disabling access to illegal content. The provisions of points 4–6 of this paragraph shall apply mutatis mutandis to decisions concerning the restriction of illegal or inappropriate User Content identified during the Provider’s verification activities. The verification actions described in this point do not give rise to the Provider’s liability for User Content, as referred to in point 1 above.
  8. If a User, acting in good faith, believes that certain content posted by another User is inconsistent with points 2 and 3 of this paragraph, the User may notify the Provider via e-mail at: bizyou@bizyou.pl.
  9. To facilitate the reporting procedure, the Provider makes available to Users a Violation Report Form, which constitutes Annex No. 1 to these Regulations.
  10. A report referred to in point 8 above should, in particular, include:
    a) a sufficiently reasoned explanation of the reasons why the person or entity alleges that the User Content is inconsistent with the Regulations;
    b) a clear indication of the exact electronic location of the information, such as a precise URL or URLs, and, where applicable, additional information enabling identification of the User Content;
    c) the name and surname or business name and e-mail address of the person or entity submitting the report, except where the report concerns information related to criminal offenses;
    d) a statement confirming the good faith belief of the person or entity submitting the report that the information and allegations contained therein are accurate and complete.
  11. The Provider confirms receipt of the report and carries out verification and subsequent actions in accordance with the provisions of these Regulations (internal regulations for the verification of complaints and notifications).
  12. The Provider reserves the right to inform competent law enforcement or other public authorities if it obtains any information giving rise to a suspicion that a crime threatening the life or safety of persons has been, is being, or may be committed by a User.
  13. The Provider allows the person submitting the report to appeal against the decision made by the Provider regarding the reported Content. The appeal must be submitted promptly, but no later than 14 days from the date of receipt of the Provider’s response to the report concerning the User Content. In the event that the appeal is rejected, the reporting party may refer the matter to judicial proceedings, provided that there are factual and legal grounds to do so, in accordance with the final provisions of these Regulations.

§ 3 Final Provisions

  1. These Regulations enter into force on 22 April 2024.
  2. The Provider reserves the right to amend these Regulations. In particular, amendments may be made due to:
    a) changes in the conditions of the services provided;
    b) the necessity to adapt the Regulations to legal changes;
    c) the necessity to adapt the Regulations to a decision, judgment, or other ruling of a competent court or public authority;
    d) the necessity to comply with a legal obligation imposed on the Provider;
    e) editorial changes.
  3. In matters not regulated by these Regulations, the relevant provisions of generally applicable law shall apply, in particular the provisions of the DSA, the Consumer Rights Act, and the Copyright and Related Rights Act.