Notice & Take Down Procedure
What is a Notice-and-Take-Down procedure?
Because Scamadviser does not actively monitor the way users of the website behave and the content they add, it is dependent on notifications from third parties. The purpose of this Notice-and-Take-Down procedure is to notify Scamadviser of manifestly unlawful content. Undeniable unlawful content only exists if there is no doubt that this is evident from the content itself and/or from further information made available to Scamadviser.
How do we deal with negative reviews and other complaints regarding content on Scamadviser.com?
You can use our Notice and Take Down procedure to report complaints about content on Scamadviser.com.
The Notice and Take Down procedure cannot be used to take reviews or other content offline purely because of its negative nature.
Complaints that relate to negative reviews or other content, without it being evident that the content is unlawful, will not be dealt with.
When does Scamadviser take action?
Scamadviser will never take action on the basis of a suspicion of unlawfulness. Only if it is clear at a single glance that the content is unlawful will Scamadviser take appropriate measures.
Who is allowed to file a complaint?
Only the person on whom the content has an unlawful effect, or his representative such as his (legal) advisor, is entitled to start the Notice-and-Take-Down procedure.
When can a complaint be submitted?
A complaint may only be submitted after the complainant has attempted to contact the content provider directly by reasonable means and this contact has not led to a result. If it appears from the Notice & Take Down procedure request that the complainant has failed to do so, the request will be rejected.
How can a Notice & Take Down procedure request be submitted?
Notice & Take Down procedure requests can only be sent via the contact form on Scamadviser.com or directly to scamadviser (at) ecommercefoundation.org.
Unsubstantiated requests will not be considered. Each complainant must ensure that the necessary information is provided to enable Scamadviser to establish the unlawfulness of the content.
If you wish to submit a Notice and Take Down request, please send the following information:
- Company name.
- The URL of the company website to which the content or review relates.
- Your first and last name.
- Your phone number.
- Your e-mail address.
- The URL of the content on Scamadviser to which your request relates.
- If it concerns a review also:
- The title of the review
- The content of the review itself
- The name of the reviewer
- A clear substantiation of why the content is unlawful and the evidence proving it. For example, in the event of an infringement of an intellectual property right, you will have to enclose evidence showing that you are the rightsholder.
- Your correspondence with the publisher about the content or review.
- Evidence showing that you are the (authorized representative of the) owner of the Website.
- A description of exactly what you wish to achieve with this Notice and Take Down procedure.
How does the Notice and Take Down procedure work?
- A Notice & Take Down request is submitted via the above procedure, after which Scamadviser will process the request.
- A Notice & Take Down request will only be handled if the complainant has shared sufficient information on the basis of which it is clear at a single glance that it concerns unlawful content. If insufficient information is available, for example, if a request is not further substantiated, the Notice & Take Down request will be rejected. In that case, the complainant will receive an (automatic) message by e-mail.
- On the basis of the content of the Notice & Take Down request and the content to which the complaint relates, Scamadviser will assess whether the content is unmistakably unlawful. Scamadviser will make every effort to provide a substantive response within fourteen (14) days after receipt of the complaint at the latest.
- If it is not possible for Scamadviser to establish the unlawfulness of the content, the request will be rejected and the complainant will receive confirmation of this by e-mail. If on the basis of the Notice & Take Down request, Scamadviser comes to the conclusion that there is unlawful content, Scamadviser will, at its own discretion, take appropriate action.
Retention against the Notice and Take Down Procedure
If you wish to object to the outcome of the Notice and Take Down Procedure, you can do so by initiating a new Notice and Take Down procedure. This will only be dealt with substantively by Scamadviser if new (evidence) means have been provided.
Websites may not threaten, abuse or blackmail Users and Reviewers. Threats include making unjustified claims for damages in order to have specific reviews (typically negative) removed.
Further, we also do not tolerate threats against Ecommerce Foundation employees. Under no circumstances will we accept such behavior.
We consider threatening or abusive behavior a material breach between the Website and us, which will lead to us immediately blocking the Website’s account and filing a report with the relevant authorities.