CONTENT MODERATION AND REPORTING RULES
DSA REGULATION
CONTENT MODERATION AND REPORTING RULES - DSA REGULATION
for the website of the GÓRZYŃSCY NIERUCHOMOŚCI brand
§ 1. General Provisions and Contact Points
- These regulations (hereinafter: “DSA Regulation”) define the rules for posting, verifying, moderating, and reporting opinions, comments, and other information provided by users (hereinafter: “User Content”) on the website available at the agency’s domain address (hereinafter: “Service”) and on the official social media profiles maintained by the Service Provider.
- The Service Provider and administrator of the Service is GÓRZYŃSCY Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw, ul. Grzybowska 87, 00-844 Warsaw, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the M.St. of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS number: 0001031112, REGON: 525053441, NIP: 5273052085 (hereinafter: “Service Provider”). Business activity within the Service is conducted under the trade brand GÓRZYŃSCY NIERUCHOMOŚCI.
- Pursuant to Articles 11 and 12 of the Digital Services Act (DSA), the Service Provider designates a single point of contact intended for direct electronic communication both for state authorities and users of the Service:
- E-mail address dedicated to DSA matters: dsa@gorzynscy.com
- Communication may be conducted in Polish and English.
§ 2. User Content Admissibility Standards
- The Service Provider enables users to interact within the Service by posting opinions on the provided real estate brokerage services, rating real estate agents, and commenting on published materials.
- Content posted by the user must reflect their actual opinions, be formulated in a polite manner, and comply with the rules of the Polish language.
- It is prohibited to publish User Content that constitutes illegal content within the meaning of the DSA or violates the internal standards of the Service. In particular, it is forbidden to post materials that:
- a) Are illegal: incite hatred, discrimination, violence, infringe third-party copyrights (e.g., unauthorized use of real estate photos), or violate the personal rights of other persons;
- b) Constitute spam or advertising: contain positioning links, offers of competitive real estate agencies, advertisements for financial or developer services;
- c) Are misleading: contain untrue information about real estate offers, deliberately distort the course of transactions or the customer service process by the agency;
- d) Violate privacy: contain personal data (including phone numbers, e-mail addresses) of agents, clients, or third parties without their express consent;
- e) Are vulgar or aggressive: contain vocabulary commonly recognized as offensive, serve to harass, or intimidate.
§ 3. Verification System and Moderation Mechanisms
- The Service Provider declares that it does not conduct prior, preventative control (so-called pre-moderation) of all User Content before its publication in the Service. Content appears in the Service in real-time.
- The Service Provider reserves the right to verify already published User Content ex-post – on its own initiative (as part of voluntary review actions) or in response to a report received from third parties or public authorities.
- Verification and moderation are conducted by qualified personnel of the Service Provider in an objective, impartial manner, and with due diligence. The Service does not use automated algorithms that make independent decisions on blocking or removing content.
- In the case of maintaining the agency’s profiles on external platforms (e.g., Facebook, Instagram), the Service Provider may use native filtering tools (e.g., automatic hiding of comments containing profanity) provided by those platforms.
§ 4. Procedure for Reporting Illegal or Prohibited Content (Notice and Action)
- Any person or entity that considers content published in the Service to be illegal or in violation of the provisions of this Regulation has the right to report this fact to the Service Provider via the contact point indicated in § 1 section 3.
- In accordance with Article 16 of the DSA, a valid report must contain:
- a) a sufficiently substantiated explanation of the reasons why the content in question is considered illegal or incompatible with the Regulation;
- b) a clear indication of the exact electronic location (e.g., a direct URL link to the opinion or comment);
- c) the first name and surname (or name) and e-mail address of the individual or entity submitting the report (this requirement does not apply to reports concerning information related to sexual offences against children);
- d) a statement confirming the reporting individual’s or entity’s bona fide belief that the information and allegations contained therein are accurate and complete.
- The Service Provider immediately confirms receipt of the report by electronic means.
- If the report is incomplete, the Service Provider requests the reporting party to complete it within 14 days. After the ineffective expiry of this period, the report shall be left without consideration.
- The Service Provider reviews the report within 14 days from the moment of receiving complete data, deciding whether to remove, block the content, or refuse to take action. Both the reporting party and the author of the content (if the Service Provider possesses their data) are informed of the decision made and its justification.
§ 5. Moderation Measures and Sanctions Against Users
- In the event that User Content is found to violate the law or this Regulation, the Service Provider is entitled to apply the following measures (proportionately to the severity of the violation):
- a) refusal to publish the content;
- b) temporary hiding of the content (for the duration of clarifying the matter);
- c) permanent removal of the content or disabling access to it;
- d) deprioritizing the content (limiting its visibility in the structure of the Service).
- If a given user grossly or persistently (repeatedly) violates the provisions of § 2, the Service Provider – after a prior warning – may apply personal sanctions in the form of:
- a) suspension of the entitlement to post opinions and comments in the Service;
- b) permanent blocking of the possibility to add content by the given user;
- c) blocking the user on official profiles in social media (e.g., a ban on the Facebook profile).
§ 6. Appeal Procedure and Justification of Decisions
- Any decision of the Service Provider resulting in the removal of content, restriction of its visibility, or imposition of sanctions on a user requires a clear statement of reasons (in accordance with Article 17 of the DSA), containing the factual and legal grounds for taking such a step.
- The author of the moderated content and the reporting party (in the event of a refusal to remove content) have the right to lodge a free-of-charge appeal to the Service Provider within 6 months from the date of delivery of the decision.
- The appeal must be sent to the e-mail address indicated in § 1 section 3 or in writing to the address of the registered office of GÓRZYŃSCY Sp. z o.o. It should contain arguments and facts challenging the position of the Service Provider.
- The Service Provider considers the appeal without undue delay, no later than within 14 days, ensuring that the matter is analyzed by an employee who was not involved in issuing the original decision. The decision made as a result of the appeal is final within the internal procedure.
§ 7. Final Provisions
- The Service Provider is not liable for illegal User Content posted in the Service, provided that it did not have knowledge of it, and upon obtaining a credible report or gaining knowledge from other sources, it took immediate action to remove or block it.
- In the event of obtaining credible information about the possibility of a crime being committed that threatens the life or safety of persons, the Service Provider immediately informs the competent law enforcement authorities.
- The DSA Regulation enters into force on [insert current date]. The Service Provider reserves the right to amend the document in the event of the evolution of the Service’s functions or changes in the law, publishing the new version with at least 7 days’ notice.
