Digital Services Act
Company Kentico software s.r.o. together with the daughter companies from the Kentico group (each of them hereinafter referred to as „Company“) ensure that their practices in providing hosting services comply with the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (hereinafter referred to as “Digital Services Act”). The Companies provide hosting services in particular within the Xperience by Kentico service, whereby the provider of these hosting services within the meaning of Digital Services Act are following Companies: Kentico Software CZ s.r.o. (Czech Republic), Kentico Software GmbH (Germany), Kentico Software Belgium (Belgium).
Illegal content.
An illegal content pursuant to the Digital Services Act means any information that, in itself or in relation to an activity, including the sale of products or the provision of services, is not in compliance with Union law or the law of any Member State of the European Union which is in compliance with Union law, irrespective of the precise subject matter or nature of that law.
For more information on illegal content please see the terms of service of Xperience by Kentico in the section Content, which are available here: Xperience-by-Kentico-Terms-of-Service-cloud.pdf
Notice on illegal content.
If any person or entity believes (the „notifier“) that the service contains illegal content, the notifier may submit a notice through e-mail address privacy@kentico.com to the Company. The notice must always contain following elements:
- a sufficiently substantiated explanation of the reasons why the notifier alleges the information in question to be illegal content;
- a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of hosting service;
- the name and email address of the notifier submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU (i.e. offences concerning sexual abuse, sexual exploitation, child pornography, solicitation of children for sexual purposes, incitement, aiding and abetting, and attempt for mentioned offences); and
- a statement confirming the bona fide belief of the notifier submitting the notice that the information and allegations contained therein are accurate and complete.
The Company shall investigate the information contained in the notice, assess their soundness and take a decision if there is a presence of illegal content and on the possibilities for redress in respect of that decision. If the notice is not sufficiently precise and adequately substantiated to enable the Company, upon careful examination, to discover the illegality of the activity or information in question without detailed legal review, the Company is not obligated to address it.
If the notice contains electronic contact information of the notifier, the Company shall, without undue delay, inform the notifier of the decision in respect of the information to which the notice relates, providing information on the possibilities for redress in respect of that decision.
The Company does not use automated processes while administrating the notice or taking decision on the notice.
Upon receipt of the notice, the Company may collect and process personal data of the notifier stated in the notice and of persons concerned in order to assess the soundness of the notice also without their consent. Information on personal data processing related to the notice and information on rights of subjects of data processing are contained in Company’s information on personal data processing available here: Privacy Policy | Kentico.
Single point of contact.
The companies Kentico Software CZ s.r.o. (Czech Republic), Kentico Software GmbH (Germany), Kentico Software Belgium (Belgium) designate a joint single point of contact in order to communicate with EU Member States’ authorities, the Commission and European Board for Digital Services regarding Digital Services Act agenda through following e-mail address: privacy@kentico.com
English and following languages can be used to communicate with the above-mentioned single point of contact:
- when communicating with the company Kentico Software CZ s.r.o. (Czech Republic) Czech language;
- when communicating with the company Kentico Software GmbH (Germany) German language;
- when communicating with the company Kentico Software Belgium (Belgium) English.
The companies Kentico Software CZ s.r.o. (Czech Republic), Kentico Software GmbH (Germany), Kentico Software Belgium (Belgium) designate a joint single point of contact in order to communicate with the customers regarding Digital Services Act agenda through following e-mail address: privacy@kentico.com.
Transparency reporting obligations.
The Company has not yet published any report on any content moderation.