Notice and Take Down Policy
DokTransfers respects your rights and expects that you respect the rights of others. In the unfortunate event that DokTransfers finds or is notified of unlawful files or content being distributed through its 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
- Notice: Someone reports content they believe is illegal.
- Assessment: DokTransfers checks if the content is clearly illegal.
- Take Down or Notify: If it’s clearly illegal, the content is taken down. If it’s not clearly illegal, DokTransfers may forward the complaint to the Uploader or leave it for legal authorities to decide.
- Transparency: DokTransfers would inform all parties involved, if possible.
Report Requirements
Any person or organization that makes a Report (“Notifier”) has the duty to ensure that it is correct and complete. DokTransfers 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);
- All information DokTransfers 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 DokTransfers’s Terms of Service, NTD or Privacy Policy;
- Motivation of the reason(s) why DokTransfers is the most appropriate intermediary to deal with the matter.
Indemnity
Notifier will provide DokTransfers with an explicit indemnity against (1) claims from the user whose content is at dispute (“Content Provider”) relating to any actions DokTransfers has taken in relation to handling the Report, and (2) any claims from Notifier in relation to content sent through our Service.
Urgency
Notifier might request DokTransfers to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. DokTransfers determines at its own discretion whether the report should be dealt with as a matter of urgency.
Evaluation
DokTransfers shall evaluate the Report and classify it into one of three categories:
- Punishable content reported by an inspection or investigation service, or – in the case of a formal legal order – by the Public Prosecutor’s Office;
- Unequivocally unlawful content and/or punishable content reported by other sources than the authorities listed under (1);
- All other content, falling neither under category (1) or (2).
Measures
- If content is unequivocally unlawful or punishable (categories 1 & 2), DokTransfers ensures that the content concerned is immediately removed.
- If content is not unequivocally unlawful or punishable (category 3), the content concerned shall not be removed. DokTransfers will inform Notifier accordingly.
- If DokTransfers is not or unsufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, DokTransfers will inform Content Provider about the Report with the request to (i) allow DokTransfers 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 or bring the dispute before a court. DokTransfers may also provide Notifier with the Content Provider’s identifying details or remove the content.
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, DokTransfers shall exercise due caution to ensure that no more than the necessary content in regard to the Report is removed.
Questions?
For questions about this NTD Policy, please contact DokTransfers by sending an email to legal@DokTransfers.com. We speak English.