CONTENTS:

Central contact point according to the Digital Services Act - DSA (Regulation (EU) 2022/265)

You can reach our central contact point for users and authorities in accordance with Art. 11, 12 DSA as follows:

  • E-mail: servus@alphanodes.com
  • The languages available for contact are: German, English

Information on the moderation and restriction of the customer’s content when using managed application hosting services

In the following, we inform you about the measures we have established for moderating and restricting content as part of the managed application hosting services we provide to our contractual partners (hereinafter: customers).

If you use our services as a customer and save, upload or post content (text, image, audio or video contributions) in our online services, you as the customer are solely responsible for this content and must observe the following rules.

1. What content is prohibited?

You may not save, upload or post any content on our online services that violates applicable law or the contracts concluded between us. In particular, you may not:

  • be offensive, racist, glorify or trivialise violence, incite hatred, be right-wing extremist, discriminatory, anti-constitutional, harmful to minors, pornographic;
  • violate criminal or administrative offence law;
  • violate the contracts or general terms and conditions concluded with you;
  • infringe the rights of third parties (e.g. trade mark rights and copyrights);
  • violate competition law;
  • violate laws or morality;
  • contain malware or malicious code;
  • violate other rules or guidelines imposed by us (e.g. netiquette).

2. How is the content reviewed?

The moderation and restriction of user content is carried out on the usual basis of content moderation for hosting services and takes into account the legal model of liability for unauthorised third-party content after obtaining knowledge ("notice and take down") in accordance with § 10 of the German Telemedia Act (TMG).

3. What happens with prohibited content?

If we receive a report or become aware of unauthorised content, we will contact the customer responsible for the content and request that it be blocked:

  • Blocking: the content in question should first be blocked immediately
  • Statement period: we will grant the customer a reasonable period of time to respond and/or submit a counterstatement
  • Final decision: If the customer makes a statement, we will assess the facts of the case on the basis of the available information and decide what measures we will take.

In particular, the following measures are possible:

  • We reserve the right to temporarily block the customer's access after the expiry of the deadline and in the absence of a response until the problem has been rectified by the customer or a statement or counterstatement has been submitted by the customer (legal basis: § 10 TMG, section 5 of our Service Agreement Managed Application Hosting).
  • Ordinary or extraordinary termination of the contract.
  • Criminal prosecution or reporting to the public order office (if a criminal offence is involved that poses a risk to the life, limb or safety of a person, we must report this for legal reasons).

We consider our decisions carefully. The follow-up measures will be proportionate. This means that we will always choose the mildest measure appropriate to the offence. In particular, we will take the following into account

  • the seriousness of the offence
  • the number and total offences
  • potential impact on our services and our users and other third parties
  • the overall behaviour of the user (e.g. their ability to understand the infringement)
  • Fault (intent, negligence)
  • Motives of the offence (if recognisable)
  • Inclusion of the user (if available)

We will inform our customer of the outcome of our evaluation; we will not provide such information if we are not permitted to do so for legal reasons (e.g. ongoing police investigations).

4. How can I report illegal content?

If you find illegal content on our provided services or have any suspicions to this effect, you can inform us at any time. You can find our contact details in our legal notice. You can also use our Contact form. Your personal data will not be passed on to the originator of the reported information. The following information is mandatory for further processing of the enquiry.

  • name the information you consider to be unlawful and explain why you consider it to be infringing.
  • indicate where this content is located (e.g. exact URL address and other relevant information to identify the content).
  • provide your full name and e-mail address or the name and e-mail address of the organisation for which you are making the report.
  • leave a confirmation that the information and statements contained in the notification are correct and complete.

Note: If we receive a report in accordance with Art. 16 DSA, all associated personal data will be processed by us for the purpose of checking and correctly processing the report. This also includes personal data of the person making the report, insofar as this has been provided (e.g. names, e-mail addresses). The personal data from the report will be processed for a specific purpose and deleted once the purpose of processing no longer applies. The data processing is carried out on the basis of Art. 6 § 1 lit. c GDPR in conjunction with Art. 16 Digital Service Act (DSA). You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to object, the right to data portability and the right to lodge a complaint with the competent supervisory authority. Furthermore, you can request the rectification, erasure and, under certain circumstances, the restriction of the processing of your personal data. Details can be found in our privacy policy on this website.

Date: March 2024