Abuse Policy

Through this document CodeBee B.V. (hereinafter CodeBee) wants to point out the consequences of violating the Acceptable Use Policy (AUP) to clients and users of CodeBee’s services (hereinafter user[s]). This document also describes how internet users can report a breach of the AUP at CodeBee. For reports of AUP violations regarding unlawful and/or illegal content on the internet, CodeBee uses a separate Notice and Take Down (NTD) procedure, as described below. Below that, the procedure applicable to other types of AUP violations is stipulated.

Notice and Take Down

CodeBee uses a specific Notice and Take Down (NTD) procedure for reporting violations of the Acceptable Use Policy regarding unlawful and/or illegal content on the internet. This procedure is based on, and thus endorses, the 2008 NTD code of conduct. We distinguish between reports by companies and individuals on the one hand, and actions, interventions and request from/by (government) authorities on the other. We use the NTD procedure described here to handle reports. In case of actions and requests of authorities, we act solely on the basis of a strong, legal underpinning such as a judgment or order.

Submitting reports

• The detector should first contact the content provider to come to an agreement.
• A report to CodeBee must contain the following information for it to be taken into consideration:
  • Indication that the report concerns an NTD request, detectors contact information
  • Description of the failed attempt to come to an agreement with the content provider
  • The data CodeBee needs to assess the content, including at least the location of the illegal and/or criminal content (URL)
  • A description of why the content is illegal and/or criminal according to the detector
  • An explanation as to why CodeBee is approached as the most suitable agent to act
  • An explicit indemnity against claims by the content provider as a result of taking measures for dealing with the report
  • The report should be mailed to info@codebee.nl.
  • The detector is responsible for a correct and complete notification

Handling reports

After CodeBee has received the NTD report, CodeBee will respond substantively within to working days of the notification and indicate which of the following options applies. CodeBee may decide to ask a third party to evaluate the content of the report in cases that exposure to the content is suspected to be harmful to CodeBee or the assessing employee. The personal data of the detector and content provider will not be provided to the third party in these cases. When providing information to the detector and/or content provider, the personal data of the detector or content provider will not be shared without permission.

If either CodeBee or the third party finds that the report is:

• Unmistakably illegal and/or undoubtedly punishable and CodeBee knows that an investigation is important for the content to be accessible, CodeBee will not proceed to make the content inaccessible. CodeBee will inform the detector of this.
• Unmistakably illegal and/or undoubtedly punishable and there is an emergency that warrants no further delay, CodeBee will immediately proceed to disabling the access to the content when proportionally possible. CodeBee will inform the content provider and detector of this.
• Unmistakably illegal and/or undoubtedly punishable, CodeBee will inform the content provider about the report and request to have the content made inaccessible within two working days. CodeBee will inform the detector of this. If the content provider:
  • Has made the content inaccessible within two working days, CodeBee will inform the detector of this.
  • Has not made the content inaccessible within two working days and informs CodeBee of an investigation requiring the content to remain accessible, CodeBee will not proceed to make the content inaccessible. CodeBee will inform the detector of this.
  • Has not made the content inaccessible within two working days, CodeBee will do that when proportionally possible. CodeBee will inform the content provider and detector of this.
  • Not unmistakably illegal and/or undoubtedly punishable, CodeBee will inform the content provider of the report. CodeBee will inform the detector of this.

Other Abuse

Violations of the AUP other than unlawful and/or illegal content on the internet is subject to the following procedure.

Abuse with complaint

Submitting abuse complaints:

A complaint is expected to contain the following information to be taken into consideration by CodeBee:

• An indication that the report is an abuse complaint
• The contact information of the detector
• A description of the abuse
• The data CodeBee requires to confirm the abuse, such as IP addresses, logs, etcetera

The abuse complaint should be emailed to info@codebee.nl.

Handling complaints

After CodeBee has received the abuse complaint, CodeBee will respond substantively within two working days. CodeBee gives as much cooperation as possible from the complaining party to be able to investigate the complaint as best as possible. No confidential information will be provided. If a complaint proves to be justified, CodeBee may decide to suspend a service to the causing party, until consultations between the affected user and a CodeBee employee have been concluded. In case this consultation does not result in a satisfactory solution for CodeBee, CodeBee may decide to discontinue the service to the user and terminate the contract with immediate effect.

Abuse without complaint

When CodeBee registers conducts in conflict with the AUP, CodeBee may decide to suspend a service to the causing party, until consultations between the affected user and a CodeBee employee have been concluded. In case this consultation does not result in a satisfactory solution for CodeBee, CodeBee may decide to discontinue the service to the user and terminate the contract with immediate effect.

Revision

CodeBee reserves the right to revise this Abuse Policy unilaterally in accordance with social and technological developments.