Illegal content is any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with European Union law or the law of any EU Member State which is in compliance with European Union law, irrespective of the precise subject matter or nature of that law (hereinafter: ‘Illegal content’).

The regulation on illegal content is included, among others, in Digital Services Act – 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) (L 277, 27.10.2022, p. 1–102) (hereinafter: ’Digital Services Act’).

This section of the regulations contains provisions arising from the Digital Services Act to the extent that they concern the Website and its Administrator. The user of the Website is generally not obliged to provide content when using it. However, the Website user may be able to provide content, among others, when filling in the contact form. In each case of providing content by the Website user, they are obliged to comply with the rules contained in the regulations.

CONTACT POINT – The Administrator designates the email contact@redfoxam.com as the single point of contact. The contact point enables direct communication between the Administrator of the Website and the authorities of the EU Member States, the European Commission, and the European Board for Digital Services, and at the same time enables the service users (including the users of the Website) to communicate directly, quickly and in a friendly manner with the Administrator electronically, for the purposes of applying the Digital Services Act. The RedFox Automotive designates Polish and English languages for the purpose of communication with their contact point.

Illegal Content notice and action mechanisms as required by Article 16 of the Digital Services Act:

1. To the e-mail address contact@redfoxam.com, any person or entity may report to the RedFox Automotive the presence of certain information that the person or entity considers to be Illegal Content.
2. The notification should be sufficiently precise and adequately substantiated. To this end, the RedFox Automotive enables and facilitates submitting – to the e-mail address provided above – reports containing the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of service; (3) the name and email address of the individual or entity submitting the notice, except in the case of information involving one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
3. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow the RedFox Automotive, acting diligently, to identify the illegality of the relevant activity or information without a detailed legal examination.
4. If the report contains electronic contact details of the person or entity that made the report, the RedFox Automotive shall, without undue delay, send such person or entity a confirmation of receipt of the report. The RedFox Automotive shall also notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.
5. The RedFox Automotive shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner. Where the RedFox Automotive uses automated means for that processing or decision-making, they shall include information on such use in the notification referred to in the previous paragraph.

Information on the restrictions imposed by the Administrator in connection with the use of the Website, in relation to the information provided by the Website users:

1. The Website user is bound by the following rules in the case of providing any content within the Website:
   1. the obligation to use the Website, including to add content (e.g. as part of contact form inquiry), in accordance with its intended use, these regulations and in a manner consistent with the law and good practice, taking into account the respect for personal rights and copyrights and intellectual property of the RedFox Automotive and third parties.
   2. the obligation to provide content that is factually accurate and not misleading.
   3. prohibition on the provision of illegal content, including the prohibition on the provision of Illegal Content.
   4. prohibition of sending unsolicited commercial information (spam) via the Website.
   5. prohibition of providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive.
   6. the obligation to have – if necessary – all required rights and permissions to provide such content on the pages of the Website, in particular copyrights or required licenses, permits and consents for their use, distribution, sharing or publication, in particular the right to publish and distribute in the Website (when necessary) and the right to use and disseminate the image or personal data in the case of content, which includes the image or personal data of third parties.
   7. the obligation to use the Website in a manner that does not pose a threat to the security of the Administrator’s ICT system, the Website or third parties.
2. The Administrator reserves the right to moderate content provided by the users to the Website. Moderation is carried out in good faith and with due diligence and on the Administrator’s own initiative or on the received notification in order to detect, identify and remove Illegal Content or other content that does not comply with the Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and the law of any EU Member State which is in compliance with European Union law, including the requirements set out in the DSA, or the requirements contained in the regulations.
3. The moderation process may be carried out manually by a human or be based on automated or partially automated tools to help the Administrator identify Illegal Content or other content that does not comply with the regulations. After identifying such content, the Administrator makes a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take other actions that it deems necessary (e.g. contacts the claimant to clarify objections and change the content). The Administrator shall inform the service user who provided the content (if we have their contact details) in a clear and easily understandable manner about its decision, the reasons for making it and the available options to appeal against this decision.
4. act in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the service users enshrined in the Charter of Fundamental Rights of the European Union, such as the freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

Any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Administrator on the basis of the received notice or the Administrator’s decision made in accordance with the provisions of these regulations may be submitted in a procedure analogous to the complaint procedure indicated above in the regulations in the section regarding use of the Website. This procedure is free of charge and allows you to submit complaints electronically to the e-mail address provided. The use of the notice and action mechanisms is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect its other rights.

The Administrator shall consider any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the RedFox Automotive on the basis of the received notice or the Administrator’s decision in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Administrator to believe that their decision not to take action in response to the complaint is unjustified or that the relevant information is not illegal and inconsistent with the regulations, or contains information indicating that the complainant’s action does not justify the measure taken, the Administrator shall, without undue delay, revoke or amend its decision as to whether to remove or disable access to the content or otherwise reduce their visibility or take any other action it deems necessary.

Persons or entities who have reported Illegal Content, to whom the Administrator’s decisions regarding Illegal Content or content inconsistent with the regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the EU Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Administrator’s internal complaints resolution system.