1 Purpose and scope

This annex sets out the procedure by which any person may notify Forge Digital EOOD, trading as Cars by Forge Digital (the "Provider"), of specific content on a Website hosted through the Platform that the notifier considers to be illegal. This procedure is provided pursuant to Article 16 of Regulation (EU) 2022/2065 (the "Digital Services Act" or "DSA"). It forms an integral annex to the Terms of Service and, together with them, sits under the Master Services and Subscription Agreement (the "MSA"). For the purposes of this annex, "illegal content" has the meaning given to it in Article 3(h) DSA: any information which, in itself or in relation to an activity, is not in compliance with Union law or with the law of any Member State that is in compliance with Union law, irrespective of the precise subject matter or nature of that law.

2 Who can submit a notice

Any natural or legal person or entity may submit a notice under this procedure. This includes without limitation:

• a person whose intellectual-property, personality, privacy or data-protection rights are affected by the content;
• a public authority (including any authority acting under Article 9 DSA in respect of orders to act against illegal content);
• a trusted flagger recognised under Article 22 DSA;
• any other person who considers the content to be illegal.

The Provider does not require the notifier to be personally affected by the content, and does not charge for the submission or handling of a notice.

3 How to submit a notice

Notices are submitted by email to notice@forgedigital.io, or by using any notice form that the Provider may publish from time to time. The Provider acknowledges receipt of every notice, by return email, without undue delay.

4 What a valid notice must contain

To enable the Provider to assess the notice and to comply with Article 16(2) DSA, a notice should contain each of the following elements. Notices that are missing an element may be assessed but the Provider may ask for additional information before deciding on the merits.

• (a) A sufficiently substantiated explanation of the reasons why the notifier considers the content to be illegal, referring to the specific legal provision(s) that the content is said to violate.
• (b) A clear indication of the exact electronic location of the content, in particular the exact URL or URLs, and, where necessary, additional information enabling the identification of the content (for example, a screenshot).
• (c) The name and email address of the notifier, 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 (child sexual abuse material), where the notifier may remain anonymous.
• (d) A statement confirming the notifier's good-faith belief that the information and allegations contained in the notice are accurate and complete.

Where a notice contains the elements referred to above, the Provider is deemed to have obtained actual knowledge of the specific item of content it identifies for the purposes of Article 6 DSA, in respect of the legal ground(s) explained in the notice.

5 Acknowledgement, assessment and decision

5.1 Acknowledgement

The Provider acknowledges receipt of every notice by email to the notifier's email address without undue delay.

5.2 Assessment

The Provider assesses each notice diligently, in a non-arbitrary and objective manner, and in a timely manner having regard to the nature and complexity of the notice. The Provider decides, on the basis of the notice, its assessment of the content, and any information reasonably available to it, whether the content is illegal or otherwise incompatible with the Terms of Service.

5.3 Decision

The Provider may, following its assessment:

• remove the content or disable access to it;
• restrict the visibility of the content (for example, by de-listing it);
• leave the content in place;
• take other proportionate measures, including suspending or terminating the account of the Client concerned, in accordance with the MSA and the Terms of Service;
• report the content to the competent authorities where the Provider considers that a serious criminal offence involving a threat to the life or safety of a person or persons has taken place or is likely to take place (Article 18 DSA).

5.4 Communication of the decision

The Provider communicates its reasoned decision to the notifier by email without undue delay after the decision is taken, and provides information on the possibilities of redress available.

6 Statement of reasons to the Client

Where the Provider decides to remove Client Content, restrict its visibility, or suspend or terminate the Client's account as a result of a notice or on its own initiative, the Provider provides the Client with a clear and specific statement of reasons for that decision in accordance with Article 17 DSA. That statement includes, at minimum:

• whether the decision entails removal, disabling of access, restriction of visibility, or suspension/termination of the account;
• the facts and circumstances relied on in taking the decision, including where relevant that the decision was taken pursuant to a notice submitted under this procedure or in accordance with a legal order under Article 9 DSA;
• where applicable, information on the use of automated means in the decision;
• a reference to the legal ground(s) or the contractual ground(s) relied upon;
• the information about the possibilities of redress available to the Client, including the Provider's internal complaint-handling mechanism (Section 7) and out-of-court dispute settlement bodies (Section 8).

7 Internal complaint-handling mechanism

The Client and any notifier who is dissatisfied with a decision taken by the Provider under this procedure may lodge a complaint against that decision by writing to complaints@forgedigital.io within six (6) months of being informed of the decision. Complaints are handled in accordance with Article 20 DSA, insofar as that Article applies to the Provider. In particular:

• the Provider handles complaints in a timely, non-discriminatory, diligent and non-arbitrary manner;
• complaints are not decided solely on the basis of automated means, and a decision reversing the original decision may be taken where the complainant provides sufficient grounds;
• the Provider communicates its reasoned decision on the complaint to the complainant without undue delay.

8 Out-of-court dispute settlement

A Client or notifier may select any out-of-court dispute settlement body that has been certified in accordance with Article 21 DSA by the competent Digital Services Coordinator of a Member State to resolve disputes relating to a decision taken by the Provider under this procedure, including complaints that have not been resolved through the internal complaint-handling mechanism. The Provider engages in good faith with any such certified body. The outcome of the out-of-court dispute settlement is not binding on the parties, without prejudice to any right to bring the dispute before a court.

9 Misuse of the notice mechanism

Notices that are manifestly unfounded may be handled with reduced priority. Where a notifier repeatedly submits notices that are manifestly unfounded, the Provider may, after a prior warning, suspend the processing of further notices from that notifier for a reasonable period in accordance with Article 23 DSA, having regard to the specific facts and circumstances of the misuse.

10 Repeat infringers

Where a Client repeatedly publishes content that is illegal or that materially breaches the Terms of Service, the Provider may, after a prior warning, suspend the Client's account in accordance with Article 23 DSA and the MSA. In assessing whether a Client is a repeat infringer, the Provider takes into account the absolute number of items of illegal or infringing content, their relative proportion in the Client's overall content, the gravity of the misuses, and the intentions of the Client.

11 Trusted flaggers

The Provider gives priority to notices submitted by trusted flaggers awarded that status by the competent Digital Services Coordinator under Article 22 DSA, and processes them without undue delay. To be treated as a trusted flagger, the entity should identify itself as such in the notice and, on request, provide evidence of its status.

12 Record-keeping

The Provider keeps a record of every notice received under this procedure, the decision taken, the statement of reasons provided, and any complaint received about the decision, for a period sufficient to comply with the Provider's obligations under the DSA and other applicable law, and to be able to demonstrate compliance.

13 Contact point

The Provider's designated contact point for the purposes of Articles 11 and 12 DSA (as those provisions apply to the Provider) is:

• Forge Digital EOOD, trading as Cars by Forge Digital
• ul. Aleksandar Stamboliiski N 5-B, flr. 8, office 60, 6000 Stara Zagora, Bulgaria
• Email for notices: notice@forgedigital.io
• Email for complaints: complaints@forgedigital.io
• General contact: info@forgedigital.io

The working language for communications with authorities and users under the DSA is English. Communications may additionally be submitted in Bulgarian, Dutch, French or German where the Provider is reasonably able to process them.

End of Notice-and-Takedown Procedure.