EU Digital Services Act Information

Short version (DRAFT — pending legal review; not yet in force)

• Report illegal content to [email protected] (or use Report in the app). Child-safety emergencies go to [email protected].
• If we act against your content or account, we tell you why and how to challenge it.
• You can complain to us free of charge for at least 6 months after a decision. A person always decides complaints, never an automated system.
• You can also use a certified out-of-court dispute settlement body, or go to court.
• Kidbys shows no advertising, does not profile anyone for recommendations, and the main gallery is shown in a random order.

Effective date: EFFECTIVE DATE

This page sets out the information Kidbys provides under Regulation (EU) 2022/2065, the Digital Services Act ("DSA"). It forms part of our Terms of Service.

1. About the service

Kidbys is operated by LEGAL ENTITY NAME, REGISTERED ADDRESS, USA. Kidbys is an online platform that hosts children's artwork published by verified parents and guardians, and an online marketplace where that artwork and prints of it can be bought. Full company details are on our Legal notice.

2. Points of contact

3. Reporting illegal content (notice and action, Art. 16)

Anyone can tell us about content on Kidbys they believe is illegal, with or without a Kidbys account. Email [email protected] or use Report in the app. To help us act quickly, please include:

1. a sufficiently substantiated explanation of why you believe the content is illegal;
2. the exact location of the content (for example the artwork link or profile name);
3. your name and email address, unless the content concerns child sexual abuse or exploitation, in which case you may report anonymously;
4. a statement that you believe in good faith that the information in your notice is accurate and complete.

We confirm receipt, review the notice diligently and objectively, and tell you our decision and your options to challenge it. If we use automated tools to process or decide on a notice, we tell you. For content that may involve a child at risk, see our Child Safety Standards. For copyright, you can also follow our Copyright & IP Policy.

Content that is not illegal but breaks our rules can be reported the same way and is handled under our Community Guidelines.

4. Statement of reasons (Art. 17)

When we remove, disable, demote or restrict content, suspend or end an account or features, or withhold payments, we give the affected account holder a clear statement of reasons that includes:

• what we did and its scope and duration;
• the facts and circumstances we relied on, including whether the action followed a notice or our own investigation;
• whether automated means were used to detect or decide;
• the legal ground (if the content is illegal) or the rule in our Terms or Community Guidelines (if it breaks our rules);
• how to complain and seek redress.

Each statement is stored with the action it relates to, so later decisions never overwrite earlier ones. For child profiles, statements go to the Agent, never to the child. We do not give a statement where an authority has ordered us not to, or where the content is deceptive high-volume commercial content.

5. Internal complaints (Art. 20)

If you disagree with a decision we made about your content or account, or about a notice you sent, you can complain to us free of charge for at least 6 months after we informed you of the decision:

• in the app: Profile > Privacy & Data > Appeals; or
• by email to [email protected], quoting the decision.

Complaints are always reviewed and decided by a qualified person, never solely by automated means, and where possible by someone other than the original reviewer. Severe or ambiguous cases are reviewed by two people. We decide without undue delay, reverse our decision if the complaint shows we were wrong, and tell you the outcome with a new statement of reasons.

6. Out-of-court dispute settlement (Art. 21)

If your complaint is not resolved to your satisfaction, you may refer the dispute to an out-of-court dispute settlement body certified by an EU Digital Services Coordinator. The European Commission publishes the list of certified bodies. We will engage in good faith with the body you choose. Using such a body does not affect your right to go to court.

7. Trusted flaggers (Art. 22)

Notices from trusted flaggers designated by Digital Services Coordinators are handled with priority. Trusted flaggers can contact us at [email protected].

8. Misuse (Art. 23)

After a prior warning, we may suspend for a reasonable period accounts that frequently publish manifestly illegal content, and the processing of notices or complaints from people who frequently submit manifestly unfounded ones. We assess each case individually, taking into account the number and severity of incidents and the intent of the person.

9. Reporting suspected crimes (Art. 18)

If we become aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place or is likely to take place, we promptly inform the law enforcement or judicial authorities of the Member State concerned (or Europol), in addition to any reporting obligations described in our Child Safety Standards.

10. Advertising, recommendations and minors (Art. 26, 27, 28)

• No advertising. Kidbys does not show advertising on any surface, and never to children.
• How the gallery is ordered. The main gallery shows moderated, published art in a random order that stays stable during one visit and refreshes between visits. It is not personalised and does not use profiling. Active auctions may be mixed in with their status clearly shown. Optional adult-only discovery features in Collector Pro may sort art by additional criteria, such as newest first DESCRIBE MAIN PARAMETERS OF ANY COLLECTOR PRO SORTING, INCLUDING ANY ENGAGEMENT-BASED ORDER; these never appear to children or change what children see.
• Protecting minors. Children use Kidbys only through a parent-controlled profile, with no messaging, no public identity, no rankings, and no profiling. See our Children's Privacy Notice, which includes a section written for children.

11. Marketplace traders (Art. 30–32)

If an Agent sells on Kidbys as a business (a "trader"), we collect and verify the information the DSA requires before they can sell, including their name, contact details, identification, payment account details and a self-certification of compliance, and we display the trader's name, address and contact details on their listings. Buyers are told whether a seller has declared themselves a trader or a private individual. If we learn that an illegal product or service has been sold through Kidbys, we inform affected buyers as required.

12. Transparency

We publish information on the average monthly active recipients of our service in the EU, and transparency reports on our content moderation, where required, at TRANSPARENCY PAGE URL. Average monthly active recipients in the EU for the period PERIOD: NUMBER.

13. Contact

[email protected] · LEGAL ENTITY NAME, REGISTERED ADDRESS