Gaijin Community Guidelines: Digital Services Act
Gaijin Community Guidelines: Digital Services Act
THESE GAIJIN COMMUNITY GUIDELINES: DIGITAL SERVICES ACT CONSTITUTE AN INTEGRAL PART OF THE COMMUNITY GUIDELINES (“GUIDELINES”) AVAILABLE AT https://legal.gaijin.net/communityguidelines, AND BOTH SHALL BE INTERPRETED AND APPLIED TOGETHER.
The capitalized terms (words) not defined in this document shall be interpreted as provided by the Guidelines.
1. General Information. The Digital Services Act (“DSA”) entered into force in the European Union (“EU”) on November 16, 2022. This DSA applies only to Users who reside in the EU. For those in jurisdictions outside of the EU, please refer to the Guidelines (https://legal.gaijin.net/communityguidelines) for details.
The DSA sets forth the responsibilities of digital services acting as intermediaries in their role of connecting consumers with goods, services, and content. This includes online platforms, where you can share your user experience with other players, such as Gaijin Websites, among others. The DSA strengthens user protections and fundamental rights online, introduces a comprehensive framework for transparency and accountability for online platforms, and implements a consistent, unified approach throughout the EU.
2. Information on active monthly users. Under Article 24(2) of the DSA, online platforms must disclose "information on the average monthly active recipients of the service" within the EU at least every six months. This requirement aims to establish whether an online platform qualifies as a “very large online platform” (“VLOP”), defined as one attracting an average of at least 45 million users monthly in the EU - equivalent to 10% of the EU's population. VLOPs are subjected to further obligations, given their significant influence on the distribution of content across the EU.
Based on the six-month period from August 2023 to January 2024, the average number of monthly active recipients of each of the Gaijin's Website(s) in the EU was well below the threshold of 45 million. Therefore, Gaijin does not meet the criteria for classification as a VLOP since it remains below the threshold for VLOP designation.
This number has been calculated in accordance with the relevant provisions of the DSA and the Guidance published by the European Commission on February 1, 2023.
We will continue to monitor the number of average monthly active recipients of our Gaijin's Website(s) in the EU and will periodically publish updated information in accordance with Article 24(2) of the DSA.
3. Unlawful Content. If you have noticed “Unlawful Content” on Gaijin's Website(s), as may be described as information, irrespective of its form, that under the applicable law is either itself illegal, such as illegal hate speech or terrorist content and illegal discriminatory content, or that the applicable rules render illegal because it relates to illegal activities, please send us a notification of Unlawful Content (“Notice of Unlawful Content”).
Your Notice of Unlawful Content shall include the following information*:
a) The list of all Unlawful Content and sufficient information about such content that is necessary to identify its exact electronic location (e.g., URL, screenshots).
b) The reasons why you consider such information in question to be Unlawful Content and documentation that evidences that (e.g., licensing agreements, images, registrations, etc.). If you believe that such information in question violates EU law or the law of your home country, please provide us with that explanation.
c) Information reasonably sufficient to contact you, including your name, email address, and/or physical address at which you may be contacted.
d) Confirmation that you are a resident of the EU.
e) Statement confirming the bona fide belief that the information and allegations contained in the Notice of Unlawful Content are accurate and complete.
*You must be based in the EU to submit a Notice of Unlawful Content.
Actions against Unlawful Content. We will review your Notice of Unlawful Content in a timely manner and may, at our reasonable discretion, take action against anyone who violates applicable law, such as by (1) temporarily or permanently, ban, mute, suspend or terminate Gaijin Account; and/or (2) remove or disable access in a given territory to content that Gaijin believes in good faith is considered to be Unlawful Content. Please note that you can find a detailed list of prohibited actions and the sanctions for their violations in paragraph 3 of the Guidelines. We may also take such actions, at our reasonable discretion, in respect of anyone who knowingly submits a false Notice of Unlawful Content in bad faith.
Dispute Mechanism. If you believe that we have mistakenly taken actions against your Gaijin Account or content, you have a right to appeal our decision within six months following the decisions made or actions taken by contacting through our internal complaint-handling system, currently available at https://support.gaijin.net. If the complaint or dispute cannot be resolved to your satisfaction, you are entitled to seek resolution through an alternative dispute resolution (“ADR”) process conducted by an EU-approved ADR entity. Additionally, you might be eligible to utilize the European Online Dispute Resolution (“ODR”) platform, accessible at https://ec.europa.eu/consumers/odr/, for resolving disputes with us. Opting for ADR or using the ODR platform does not restrict your right to seek legal action in your local jurisdiction. Decisions made by out-of-court dispute settlement bodies are not binding on you or on us.
4. Designated Point of Contact. Gaijin’s designated point of contact for receipt of Notice of Unlawful Content (“Designated POC”) is legal@gaijin.net. Notice of Unlawful Content may also be sent to the attention of the Legal Department to Ifigeneias street 63, Office 302, 2003 Strovolos, Nicosia, Cyprus.
Member States’ authorities, the Commission, and the Board, as provided in Article 11(1) of the DSA, may communicate with us also via Designated POC.
For communication with the Designated POC, please use English or Greek.
For the avoidance of doubt, only notices submitted under the DSA should be sent to the Designated POC.
Last revised and effective: February 10, 2024