Politika vsebin in moderiranja

1.1. This Content and Moderation Policy (the "Policy") describes the rules applicable to user content that is hosted and displayed on Votinova (the "Platform"), an interactive presentation and real-time audience-voting software service provided by Atbion OÜ —a private limited company (Osaühing) incorporated under Estonian law, with registry code 16890390, VAT number EE102728154 and registered office at Ahtri tn 12, Kesklinna linnaosa, Tallinn 15551, Harju maakond, Estonia ("Atbion", "we")—.

1.2. This Policy forms an integral part of the Terms of Service and is complemented by the Code of Conduct.

1.3. The user content covered by this Policy is limited and comprises, in particular:

• the content of the presentations and questions that the presenter creates or imports into the Platform; and
• the contributions of participants that are displayed to the audience of a session, such as answers to open-ended questions, Q&A contributions and word-cloud terms.

1.4. Atbion hosts that limited amount of user content in order to display it to the audience of the relevant session. For this reason, with respect to such content, Atbion has the status of a hosting service within the meaning of Regulation (EU) 2022/2065 (Digital Services Act, "DSA") and assumes the proportionate obligations arising therefrom, as described in this Policy. Atbion is not a marketplace or an online platform that allows consumers to conclude contracts with third parties, and therefore the obligations specific to that type of service do not apply to it.

1.5. Atbion does not carry out general and prior monitoring of all user content, nor is it under any obligation to do so. The measures described in this Policy are applied in a proportionate manner and consistently with the prohibition on imposing a general monitoring obligation.

2.1. User content must be lawful and respectful, and must comply with the Terms of Service, the Code of Conduct and applicable law.

2.2. It is prohibited to contribute, import, display or disseminate through the Platform content that:

(a) is unlawful or promotes, facilitates or instructs the commission of unlawful activities; (b) is harmful, misleading or fraudulent, or that unduly manipulates the results of a vote; (c) infringes intellectual or industrial property rights, trade secrets or other third-party rights; (d) constitutes harassment, intimidation, bullying or threats against a person or a group; (e) incites hatred, discrimination or violence on grounds of race, ethnic origin, nationality, religion, sex, sexual orientation, disability or any other status; (f) is sexual content involving minors: such content is strictly prohibited, is removed immediately and is reported to the competent authorities; (g) constitutes spam, unsolicited advertising or unwanted bulk communications; or (h) contains malicious software, links to harmful content or elements designed to damage, interfere with or circumvent the security of the Platform or of third parties.

2.3. The presenter is responsible for the content they create or import, as well as for the lawful use of the voting feature during their sessions. Participants are responsible for the contributions they make to the audience.

3.1. Automated filters. Before displaying certain user content to the audience, the Platform applies automated moderation filters:

• AWS Rekognition for the analysis of images (for example, images associated with heatmap questions or uploaded by users); and
• AWS Comprehend for the analysis of text (for example, answers to open-ended questions and Q&A contributions).

These filters detect potentially unlawful or inappropriate content in order to prevent or delay its display to the audience and to flag it for review.

3.2. Moderation by the presenter. The presenter moderates the questions and answers of their own session. In particular, they may approve, hide, delete or highlight the Q&A contributions and open-ended answers from the audience before or during their display.

3.3. Human review. Where appropriate —in particular following a notice received in accordance with clause 4 or a flag from the automated filters—, Atbion carries out a human review of the affected content before adopting a moderation decision.

3.4. The automated filters constitute support for moderation under human control. They do not produce automated decisions with significant legal effects on individuals; the measures affecting a user are adopted in accordance with clauses 5 to 8.

4.1. Atbion has a notice-and-action mechanism in accordance with Article 16 of the DSA, which allows any person or entity to notify content that it considers unlawful.

4.2. To notify allegedly unlawful content hosted on the Platform, the following may be used:

• the form available at votinova.com/report; or
• the email address moderation@votinova.com.

4.3. In order for the notice to be processed effectively, in accordance with Article 16(2) of the DSA it should include:

(a) a reasoned explanation of the grounds on which the content is considered to be unlawful; (b) the exact electronic indication of the location of the content (for example, the link or the session and question details); (c) the name and email address of the person submitting the notice, except where it concerns content related to alleged child sexual abuse offences; and (d) a statement of good faith as to the accuracy and completeness of the information provided.

4.4. Atbion acknowledges receipt of the notice without undue delay and communicates its decision in a diligent, non-arbitrary and objective manner and with due diligence. Where the notice makes it possible to determine the unlawful nature of the content without a detailed legal or factual examination, Atbion acts promptly.

5.1. Where Atbion adopts a measure against a user's content or against their account on moderation grounds, it provides the affected user with a clear and specific statement of reasons, in accordance with Article 17 of the DSA.

5.2. The statement of reasons includes, to the extent applicable: the type of measure adopted and its scope; the facts and circumstances on which the decision is based, indicating whether it stems from a notice or from an own-initiative detection; where applicable, the use of automated means in the detection or the decision; the reference to the contractual or legal basis relied upon and the explanation of its application; and information on the available means of complaint and redress.

6.1. Atbion makes available to affected users an internal complaint-handling system that allows them to challenge moderation decisions, free of charge and easily accessible.

6.2. The affected user may appeal a moderation decision within a reasonable period from receipt of the statement of reasons, by contacting moderation@votinova.com or using the channel indicated in the decision itself.

6.3. Complaints are examined in a diligent, non-discriminatory and non-arbitrary manner, under human supervision. If the complaint demonstrates that the content is neither unlawful nor contrary to this Policy, or that the measure was disproportionate, Atbion reverses the decision adopted without undue delay.

7.1. If, after exhausting the internal complaint system, the disagreement persists, the dispute-resolution avenues are described in the Dispute Resolution Policy.

7.2. For users acting as consumers, that Policy details the alternative dispute resolution (ADR) avenues available to them, without prejudice to their right to bring proceedings before the courts.

8.1. In the face of unlawful content or content contrary to this Policy, Atbion adopts measures that are proportionate to the severity, nature and repetition of the infringement, which may include:

(a) the removal or blocking of the affected content, or the disabling of access to it; (b) the restriction of the visibility of the content or of certain functionalities; or (c) the temporary or definitive suspension of the account or of the participation of the responsible user or participant.

8.2. Atbion endeavours to apply the least restrictive measure that is suitable. Save in cases of urgency, legal requirement or serious risk, Atbion informs the affected user and, where appropriate, gives them the opportunity to remedy the situation.

8.3. Atbion may suspend, for a reasonable period and after prior warning, the provision of the service to users who frequently contribute manifestly unlawful content, as well as the processing of manifestly unfounded notices or complaints, in accordance with the DSA.

9.1. Atbion designates a single point of contact for DSA-related communications with the authorities and with users: dsa@votinova.com.

9.2. This point of contact allows direct communication by electronic means, without prejudice to the use of the relevant languages in communications with users.

10.1. In accordance with Article 15 of the DSA, Atbion publishes on an annual basis a transparency report on the content moderation activities it has carried out.

10.2. The report is published at votinova.com/transparencia and includes, to the extent applicable, information on the orders received from the authorities, the notices received through the notice-and-action mechanism, the moderation carried out on its own initiative, the use of automated means and the complaints processed through the internal system.

11.1. Atbion acts in accordance with the orders to act against unlawful content that it receives from the competent judicial or administrative authorities, under the terms of Article 9 of the DSA, and reports on the action taken in compliance with the order.

11.2. Atbion likewise complies with the orders to provide information about one or more specific users, under the terms of Article 10 of the DSA, to the extent that it has such information.

11.3. Where the law permits, Atbion informs the affected user of the order received and of the action carried out. The competent authority in its capacity as Digital Services Coordinator is the Tarbijakaitse ja Tehnilise Järelevalve Amet (TTJA), Estonia.

12.1. Atbion may amend this Policy to adapt it to regulatory, technical or service changes. Material changes will be notified with reasonable advance notice through the Platform and, where appropriate, by email.

12.2. The version in force is the one published on the Votinova legal Hub. Continued use of the Platform after an amendment takes effect implies acceptance thereof, without prejudice to the mandatory rights of consumers.