Content moderation and appeals

What this document covers

This document explains how Haydamax OÜ reviews content and accounts in the services of the Chakloon package, which restrictions it applies, how it informs the people affected and how they can appeal. It completes the section on content moderation in the Terms of Service and follows the Digital Services Act (DSA). The rules we enforce are the Terms of Service, the Community Guidelines, the Child Safety Standards, the rules of each service and the law.

Where cases come from

• Reports from users through the Report button. It is available on the social network, in Chakloon Chat and in other services where it is offered.
• Notices of illegal content under article 16 DSA, sent through the notice form or to legal@chakloon.com by anyone, whether or not they have an account. What a notice must contain is explained in Report illegal content.
• Messages to abuse@chakloon.com and child-safety@chakloon.com.
• Our own checks, including automated tools that look for spam and abuse.
• Orders of courts and authorities under articles 9 and 10 DSA, see Requests from authorities.

Who decides

Cases are handled by our moderation desk. Automated tools pre-sort incoming cases, group duplicates and point to likely spam and abuse, so that the urgent ones are seen first. They do not take decisions on reported content. One exception is the automatic check of links in Chak, which can refuse, warn about or block a link known to be dangerous, see Chak Acceptable Use Policy; such a decision can be appealed and is then reviewed by a person. Every other decision to restrict content or an account is taken by a person, who looks at the content, its context, the apparent intent, the possible harm and the earlier conduct of the account.

We decide in a timely, diligent, non-arbitrary and objective manner, without discrimination and in proportion, with due regard to the fundamental rights of everyone concerned, including freedom of expression and information and the freedom and pluralism of the media (articles 14(4) and 16(6) DSA).

How fast

• Child safety and immediate threats to life or safety: immediately.
• Other notices of illegal content: without undue delay, as a rule within 24 hours.
• Appeals: an answer within 14 days.

If a notice includes the notifier's e-mail address, we confirm receipt without undue delay and then, also without undue delay, tell the notifier what we decided, whether automated means were used and how to seek redress (article 16(4) and (5) DSA).

Measures

Depending on the case, we may:

• remove content or disable access to it
• reduce the visibility of content
• suspend an account for a period or close it
• suspend payments or the display of ads
• refuse a handle or a short link

We choose the least restrictive measure that is enough to stop the harm.

Statement of reasons

When we restrict content or an account, we send the affected person a statement of reasons under article 17 DSA, at the latest when the restriction takes effect. It is written in plain language and says:

• what we decided and to what extent, and for how long if the measure is temporary
• the facts and circumstances on which the decision is based, including whether it was taken after a notice or on our own initiative
• whether automated means were used in detecting the content or in taking the decision
• the legal ground, if the content is illegal, or the contractual ground, if it breaks our rules, with an explanation
• how to appeal to us, and the other ways to seek redress, including the courts

We do not send a statement where we have no contact details of the person, where the content is deceptive commercial spam sent in large quantities, or where we act on an order of an authority under article 9 DSA; in that case you are informed as described in Requests from authorities, unless the authority lawfully requires us not to.

Appeal

You can appeal a decision that affects you, and the notifier can appeal our decision on their notice.

• Appeal within 6 months after you were told of the decision.
• Use the appeal form at the end of this page with the case number from our message, reply to that message, or write to legal@chakloon.com. Name the decision and explain why it should change. Add any context or evidence you have.
• The appeal is free.
• It is reviewed by a different person than the one who took the first decision.
• We answer within 14 days.

The outcome may confirm, change or reverse the decision. If we reverse it, we restore the content or the account without undue delay. As a micro-enterprise we are not obliged by the DSA to run an internal appeal system, and we offer it voluntarily.

Misuse of reporting and repeat infringers

Accounts that frequently publish manifestly illegal content are suspended for a reasonable period after a warning. If the conduct continues, the account is closed.

The reporting and appeal channels are there to protect people. Filing reports or notices that are knowingly false or manifestly unfounded, in large numbers or in a coordinated way, is a breach of our rules. After a warning, we may stop handling notices and appeals from a person or account that does this for a reasonable period. In both cases we assess each case individually, taking into account how many items or notices there are, how serious they are, what consequences they had and the apparent intent of the person.

Threats to life and safety

If we learn of information that gives rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, we inform the police at once, as article 18 DSA requires: the authority of the country concerned, in Estonia the Police and Border Guard Board (PPA), and, where the country cannot be identified, the PPA or Europol. We report apparent child sexual abuse material to the competent authorities, as set out in the Child Safety Standards.

Court and other options

You can go to court against any decision at any time, whether or not you have appealed to us. Estonian law applies, and consumers keep the protection and the courts that the law of their country gives them. You can also lodge a complaint about our compliance with the DSA with the Digital Services Coordinator of Estonia, Tarbijakaitse ja Tehnilise Järelevalve Amet (TTJA), https://www.ttja.ee, or with the coordinator of the Member State where you live. As a micro-enterprise we are not bound by article 21 DSA on certified out-of-court dispute settlement bodies. A consumer can also take a dispute about a paid service to the Consumer Disputes Committee (Tarbijavaidluste komisjon) at TTJA.

Transparency

Haydamax OÜ is a micro-enterprise. Under article 19 DSA it is not obliged to publish transparency reports under article 15 or to apply articles 20 to 28, except article 24(3). We describe our moderation in this document and in the Terms of Service, and we tell you about material changes before they take effect. On request of the Digital Services Coordinator of Estonia or the European Commission, we provide the average monthly number of active recipients of our services in the European Union (article 24(3) DSA).

Contact

Notices, appeals and questions about moderation: legal@chakloon.com. Child safety: child-safety@chakloon.com. Spam and abuse: abuse@chakloon.com.