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Crime Prevention

Notice and Take Down Policy

If you discover any content hosted at our Internet data facilities which is unlawful e.g. infringement of copyright or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, or which otherwise constitutes any breach of ComCanaria’s Terms of Service, you may file a report of (alleged) unlawful content, directed at removal of disputed content (“Report” or “Reports”). This Notice and Take Down Policy describes the procedures and time limits ComCanaria applies in dealing with such Reports.

Report requirements

Any person or organization that makes a Report (“Notifier”) has the duty to ensure that the report is unambiguous, correct, complete and well substantiated.

ComCanaria must be able to verify that Reports as part of an investigation regarding a criminal offence have originated from the designated Police Force, or an order of Court by designated courts.

For Reports other than those stated above should include at least the following information:

  • Notifier’s name, address, telephone number, facsimile number (if any) and email address, and the address for service if the Notifier is not resident on the Canary Islands;

  • sufficient information to enable ComCanaria to identify the unlawful content and its online location;

  • a statement that the Notifier requires ComCanaria to remove/disable access to the content;

  • a statement that the Notifier, in good faith, believes that the content is unlawful;

  • a description of why the content is unlawful according to the notifier, or why it is in conflict with ComCanaria’s Terms of Services;

If the report regards an alleged infringement of an intellectual property right, like a copyright or trademark, a statement to prove that Notifier is the rightful owner or holder of these rights or that the he is entitled to act on behalf of the aforementioned party. In the event of the latter, the Notifier will have to provide the identity and contact details of the owner or holder of these rights;

  • a statement that the information in the Report is accurate; and

  • agreement that the Notifier agrees to submit to the jurisdiction of the Maspalomas courts.

All notices are to be sent via post:

Computer and Communication S.L Internet Solutions, Ave. Tirajana 37, 35100 San Bartolomé de Tirajana, GC

Or contact us online.

ComCanaria reserves the right not to entertain any Reports that does not satisfy the requirements or is incomplete.

Indemnity

Notifier will provide ComCanaria with an explicit indemnity against 1) claims from the user who’s content is at dispute (“Content Provider”) relating to any actions ComCanaria has taken in relation to handling the Report, and 2) any claims from Notifier in relation to content hosted at our Internet data facilities.

Evaluation

ComCanaria will assess the Report on the basis on the applicable law, regulations or case law as well as the ComCanaria’s Terms and Conditions for Content Providers. If the report concerns a formal legal order from the Maspalomas courts regarding criminal Third Party Content, ComCanaria shall not make an assessment.

ComCanaria strives to make a decision as soon as possible, but in any event within 10 days after receipt of the report. If this is reasonably not possible, ComCanaria will inform you shortly on the reasons for the delay and the term in which you can expect a decision.

Evaluation

ComCanaria will take action on the basis of the results of its assessment.

In the event that Vodien determines that the content concerned is not unequivocally unlawful, ComCanaria will inform you accordingly, together with the reasons for this where necessary.

In the event that ComCanaria determines that the concerned is unequivocally unlawful, illegal or harmful, ComCanaria will take reasonable steps to inform and provide the Content Provider first chance to respond to the request to remove the content. The Content Provider shall respond within 72 hours before ComCanaria implements measures such as complete suspension of Services, or block, or permanently remove content. ComCanaria at its own discretion may instantly block or remove the content by itself, if convinced that the content is unquestionably unequivocally.

In the event that it has not been possible to come to an unequivocal judgement as to whether the content concerned is unlawful, Comcanaria informs the Content Provider about the Report with the request to remove the content or to contact you. Should the Content Provider be unwilling to make him or herself known to you, Vodien may act as an intermediary between the Notifier and Content provider.

The Content Provider may appeal the decision of the Report within 48 hours after measures have been implemented to disable or remove content. ComCanaria will take reasonable steps to restore the content, if it is technically and feasible to do so, except where court proceedings are commenced by the Notifier to prevent that content, or access thereto, from being restored, and ComCanaria is informed in writing of such proceedings.
  • Content Provider’s name, address, telephone number, facsimile number (if any) and email address, and the address for service in Spain if the Content Provider is not resident in Spain;
  • information to enable ComCanaria to identify the content removed or access was disabled and its online location before it was removed or disabled;
  • a statement that the disabled or remove content is lawful or does not constitutes any breach of ComCanaria’s Terms of Service;
  • If the report regards an alleged infringement of an intellectual property right, like a copyright or trademark, a statement that the Content Provider, in good faith, believes that the content was removed or access was disabled as a result of mistake or misidentification or the content does not infringe copyright in any content;
  • a statement to provide ComCanaria with an explicit indemnity against 1) claims from the Notifier relating to any actions ComCanaria has taken in relation to handling the Report, and 2) any claims from Content Provider in relation to content hosted at our Internet data facilities.
  • a statement that the information in the Report is accurate;
  • and agreement that the Content Provider agree to submit to the jurisdiction of the Maspalomas courts.

All appeals are to be sent via post:

Computer and Communication SL, Ave. Tirajana 37, 35100 San Bartolomé de Tirajana, GC

Law Enforcement Agencies Subject Access Requests, here