DIGITAL SERVICES ACT (DSA) – SOUVE
I. GENERAL INFORMATION
1.1. Within the Souve online store available at www.souve.eu (the “Store”), certain functionalities may qualify as intermediary services 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 (Digital Services Act – “DSA”).
1.2. The Store is operated by Souve Szymon Machniak, ul. Dunikowskiego 14/7, 40-127 Katowice, Poland, NIP 6343065999 (the “Service Provider”).
1.3. The purpose of this document is to provide information on how the Service Provider complies with obligations arising from the DSA, in particular regarding illegal content, reporting mechanisms and moderation procedures.
—II. TYPES OF SERVICES COVERED BY DSA
2.1. Within the Store, the following functionalities may constitute intermediary services within the meaning of the DSA:
- Product reviews – functionalities allowing users to publish opinions regarding Products;
- User-generated content – any content submitted by users via forms, communication tools or other Store features;
- Future marketplace functionalities – features enabling third-party partners to present and offer Products through the Store (if implemented in the future).
2.2. The Service Provider may expand or modify the scope of such services as the Store develops, including introducing new digital functionalities, community features or partner integrations.
—III. ILLEGAL CONTENT
3.1. Users of the Store are prohibited from publishing, transmitting or making available any illegal content.
3.2. Illegal content means any information that is not compliant with applicable law or the Store’s Terms and Conditions, including content which, by its nature or context, violates legal provisions.
3.3. Illegal content may include in particular:
- content infringing intellectual property rights, including copyright or trademarks;
- content that is defamatory, offensive, discriminatory or incites hatred or violence;
- content violating personal rights or privacy;
- misleading or false information regarding Products;
- content violating consumer protection regulations;
- unlawful advertising or hidden commercial communication;
- content containing personal data without legal basis.
IV. RULES FOR PRODUCT REVIEWS
4.1. Users may publish reviews of Products provided that the review is based on actual experience with the Product.
4.2. The Service Provider reserves the right to refuse publication or remove reviews which:
- are misleading or false;
- are created in exchange for undisclosed benefits;
- contain advertising, promotional or commercial content;
- include external links;
- violate personal rights or applicable law;
- contain vulgar, offensive or inappropriate language;
- include personal data or sensitive information;
- do not relate to the Product.
4.3. Reviews may be subject to automated filtering mechanisms designed to detect prohibited language or content.
—V. REPORTING ILLEGAL CONTENT
5.1. Any person or entity may report illegal content present in the Store.
5.2. Reports may be submitted electronically via contact channels available in the Store or by e-mail to: hello@souve.eu.
5.3. A report should include, where possible:
- a description of the content;
- its exact location (e.g. link or page);
- justification of why the content is illegal;
- contact details of the reporting person (optional).
5.4. Reports submitted by trusted flaggers or competent authorities may be given priority.
—VI. MODERATION AND DECISION-MAKING
6.1. The Service Provider does not carry out general monitoring of content nor automated pre-screening of all user-generated content.
6.2. Content moderation decisions are taken upon obtaining knowledge of potentially illegal content.
6.3. Decisions are made by appropriately trained personnel, supported where necessary by automated tools.
6.4. Upon obtaining knowledge of illegal content, the Service Provider may:
- remove the content;
- disable access to the content;
- limit visibility (e.g. deprioritize or block display);
- suspend or restrict the user account;
- terminate provision of services to the user.
6.5. The Service Provider acts with due regard for fundamental rights, including freedom of expression and access to information.
6.6. Where appropriate, the affected user will be informed about the decision and its justification.
—VII. COMPLAINTS AND APPEALS
7.1. Users have the right to submit complaints regarding decisions related to content moderation.
7.2. Complaints may be submitted within six (6) months from the date on which the user was informed about the decision.
7.3. Complaints may be submitted electronically via contact channels or by e-mail.
7.4. The Service Provider shall review the complaint and respond without undue delay.
7.5. If complaints are manifestly unfounded or repeatedly submitted despite prior warnings, the Service Provider may suspend handling of such complaints for a reasonable period, not exceeding twelve (12) months.
—VIII. LEGAL OBLIGATIONS AND AUTHORITIES
8.1. The Service Provider shall comply with binding orders issued by competent judicial or administrative authorities.
8.2. Where such orders concern user content or user data, the Service Provider shall inform the affected user unless prohibited by law.
8.3. If the Service Provider becomes aware of information indicating a serious criminal offense involving a threat to life or safety, it shall notify competent authorities and provide relevant information.
—IX. CONTACT POINT (DSA)
9.1. The Service Provider designates the following electronic contact point for communication with authorities of Member States, the European Commission and the Digital Services Coordinators:
Email: hello@souve.eu
9.2. Communication may be conducted in Polish or English.
—X. FINAL PROVISIONS
10.1. This document may be updated in order to reflect changes in legal requirements, technological developments or the scope of services provided by the Store.
10.2. The current version is available on the Store’s website.
10.3. This document does not limit any rights granted under mandatory provisions of law.