Digital Services Act (”DSA”)

Insofar as Fleetback (“Fleetback”, “we”, “us”, “our”) offers intermediary services such as hosting services and online platforms on these websites, within the meaning of art. 3 point g of the DSA, the following information applies to these services:

1. Contact point for DSA-related communication (art. 11 and 12 DSA)

Our central contact point for Member State authorities, the Commission and the body referred to in art. 61 DSA (art. 11 paragraph 1 DSA) as well as for users of our services (art. 12 paragraph 1 DSA) is

E-mail : dsa@fleetback.com

You can also reach us by telephone on +32 2 80 80 828.

You can communicate with us in English and French.

2. Notification and action procedures (art. 16 DSA)

In accordance with art. 16 of the DSA, individuals and entities may report information which, in their opinion, contains illegal content to www.fleetback.com. If you wish to make such a report, please include the following points in your notification:

a) a sufficiently reasoned explanation of why you consider the information in question to contain illegal content:

b) a clear indication of the exact memory location of this information, such as the precise URL address or addresses or, if necessary, other useful indications relating to the determination of illegal content, in particular with regard to the type of content or the specific type of service;

c) your name and e-mail address;

d) a statement to the effect that you are convinced in good faith that the information contained in this notification is correct and complete.

We will deal with all notifications in a timely, thorough, objective and non-arbitrary manner, immediately informing the notifying person or entity of our decision and informing them of any appeals.

3. Information concerning restrictions on user content (art. 14 para. 1 sentence 3 DSA), our internal complaints management system (art. 20 DSA) and out-of-court settlement options (art. 21 DSA)

Insofar as the following information refers to our internal complaints management system (art. 20 DSA) and to out-of-court dispute settlement options (art. 21 DSA), it applies exclusively to users of Fleetback services (which are “online platforms” within the meaning of the DSA).
With regard to the content or accounts of users of our intermediary services (including notifying persons and entities), we may take certain restrictive decisions within the meaning of the DSA, if we are of the opinion that users have violated the law or our general terms of use in connection with the intermediary service in question. We may, for example, decide (i) to restrict or block the visibility of user content, (ii) to suspend or terminate in whole or in part the provision of our services to users, (iii) to suspend or close the user account, (iv) to restrict monetization opportunities for user content or (v) to refuse companies the operation of their online marketplaces, if we cannot identify (track) them, as prescribed by the DSA. We may also decide not to intervene following a notification submitted by users, due to potentially illegal content or content violating our terms.

– Internal complaint management system:
In the event that users should disagree with this decision, they have the opportunity to file a complaint against this decision by Fleetback, free of charge, via our internal complaint management system. Complaints can be sent by e-mail to dsa@fleetback.com within 6 months of receipt of the contested decision. If we need further information to process the complaint, complainants can be contacted by our employees. Complaints will be handled in a timely, non-discriminatory, thorough and non-arbitrary manner, under the supervision of qualified staff. Once we have reached a decision, it will be communicated immediately to the complainant.

– Alternative Dispute Resolution (ADR):
For the settlement of disputes in connection with decisions made under our internal complaints management system, there is the possibility of out-of-court dispute settlement before an approved out-of-court dispute settlement body, as defined in Art. 21 DSA. Approved ADR bodies are impartial and independent entities expressly approved by the EU Member States which, by virtue of their capabilities and expertise, are able to monitor the disputes referred to them. Within the scope of legal requirements, Fleetback will cooperate with the ADR body. Fleetback is, however, bound by the decisions of the ADR body.

Further details of any alternative dispute resolution will be communicated to users, where appropriate, in conjunction with any appealable decisions.

The above information does not limit the rights of users to assert legal claims against Fleetback.

4. Measures and protection against misuse (Art. 23 DSA)

For an appropriate period after prior warning, we suspend the provision of our services for users who frequently provide manifestly illegal content. For an appropriate period after prior warning, we also suspend the processing of notifications and complaints from individuals, organizations or complainants who frequently submit manifestly unfounded complaints via notification and action procedures or internal complaint management systems. When deciding on suspension, we assess on a case-by-case basis in a timely, thorough and objective manner whether the user, person, entity or complainant is involved in misuse, taking into account all relevant facts and circumstances emerging from the information presented to us. These circumstances, which we take into account to assess whether misuse exists and to determine the appropriate duration of any suspension, are:
a) the absolute number of manifestly illicit contents supplied over a given period;

b) their relative share in relation to the total number of detailed information supplied during a given period, or notifications made during a given period;

c) the seriousness of the cases, including misuse, the type of illicit content and their consequences;

d) the intentions pursued by the user, person, entity or complainant, provided that these intentions can be determined.