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StartMonday Notice and Take Down Policy

Version: May, 2018

StartMonday respects your rights and expects that you respect the rights of others. In the unfortunate event that StartMonday 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 video upload service, you agree to be bound by our Notice and Take Down Policy below.

Code of Conduct

StartMonday subscribes to the Dutch Notice and Take Down Code of Conduct (“Code”) of the Platform Internet Security (Platform Internetveiligheid). This Code of Conduct establishes procedures for internet intermediaries like StartMonday 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 StartMonday applies in dealing with such Reports.

Report requirements

Any person or organisation that makes a Report (“Notifier”) has the duty to ensure that it is correct and complete. StartMonday 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:

• Notifier’s contact details, name, function, organisation, address, email address);
• all information StartMonday needs in order to evaluate the lawfulness of the disputed content, including its location (URL);
• motivation as to the unlawfulness of the content, or why it is in conflict with StartMonday’s Terms of Service, NTD or Privacy Policy;
• motivation of the reason(s) why StartMonday is the most appropriate intermediary to deal with the matter.

Indemnity

Notifier will provide StartMonday with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions StartMonday has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content send through our Service.

Urgency

Notifier might request StartMonday to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. StartMonday determines at its own discretion whether the report should be dealt with as a matter of urgency on the basis of the foregoing explanation.

Evaluation

StartMonday 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 (onmiskenbaar onrechtmatig) 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).

Measures

StartMonday’s categorisation of the Report determines which measures are taken to address the Report.

• In the event that StartMonday determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), StartMonday ensures that the content concerned is immediately removed;
• In the event that StartMonday 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. StartMonday will inform Notifier accordingly;
• In the event that StartMonday is not or insufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, StartMonday will inform Content Provider about the Report with the request to (i) allow StartMonday 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 Dutch court of law. Should Content Provider be unwilling to sufficiently identify himself to Notifier, StartMonday 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.

Period

Categorisation and appropriate measures will preferably take place as soon as possible, yet ultimately 10 days after receiving the Report.

Due caution

In the events that content is to be removed, StartMonday shall exercise due caution to ensure that no more than the necessary content, in regards of the Report, is removed.

Questions?

For questions about this NTD Policy, please contact StartMonday by sending an email to sales@StartMonday.com We speak English and Dutch.