Notice and Take Down Policy

VesTransfers respects your rights and expects that you respect the rights of others. In the unfortunate event that VesTransfers 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

1. Notice: Someone reports content they believe is illegal.
2. Assessment: VesTransfers checks if the content is clearly illegal.
3. Take Down or Notify:
   • If it’s clearly illegal, the content is taken down.
   • If it’s not clearly illegal, VesTransfers may forward the complaint to the Uploader or leave it for legal authorities to decide.
4. Transparency: VesTransfers 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. VesTransfers 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 VesTransfers 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 VesTransfers’s Terms of Service, NTD or Privacy Policy;
• motivation of the reason(s) why VesTransfers is the most appropriate intermediary to deal with the matter.

Indemnity

Notifier will provide VesTransfers with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions VesTransfers 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 VesTransfers to deal with the report as a matter of urgency. In that case, the Report should substantiate all reasons for urgency. VesTransfers 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

VesTransfers 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); and
• all other content, falling neither under category 1) or 2).

Measures

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

• In the event that VesTransfers determines that the content concerned is unequivocally unlawful or punishable, in other words falls under the above mentioned categories 1) and 2), VesTransfers ensures that the content concerned is immediately removed;
• In the event that VesTransfers 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. VesTransfers will inform Notifier accordingly;

In the event that VesTransfers is not or insufficiently able to judge whether the content concerned is unequivocally unlawful or punishable, VesTransfers will inform Content Provider about the Report with the request to (i) allow VesTransfers 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, VesTransfers 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, VesTransfers 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 VesTransfers by sending an email to legal@VesTransfers.com. We speak English.