Content and conduct policy
Translation. This text is a translation provided for convenience. The Spanish version is the authoritative one and prevails in case of any discrepancy (https://atrazos.app/normas?lang=es)
This policy says what may not be published or sold on A Trazos, how to notify us of illegal content, how we handle notices and what measures we may take. It applies to everything workshops publish (showcases, products, photos, descriptions, prices and terms) and to everything anyone sends through the service. It forms part of the Terms and conditions (https://atrazos.app/terminos).
1. Our role
A Trazos is a hosting service: workshops publish their own showcases and sell in their own name. Each workshop is solely responsible for what it publishes, for its products, for its prices, for the intellectual and industrial property rights over what it displays and for its sales.
We do not review in advance what is published, nor do we have a general obligation to monitor it (article 8 of Regulation (EU) 2022/2065, the Digital Services Act, “DSA”). When we obtain actual knowledge of illegal content (normally through a notice), we act expeditiously to remove it or to disable access to it (article 16 of Ley 34/2002 (LSSI-CE, the Spanish Information Society Services and Electronic Commerce Act) and article 6 of the DSA). We may also review content on our own initiative.
2. What may not be published or sold
Counterfeits and intellectual or industrial property
- Counterfeits, replicas and imitations of branded products, even if they are advertised as “style”, “inspired by” or “replica”.
- Products with trade marks, logos, club crests, characters from films, series, cartoons or video games, or other protected creations, without a licence from their owner. This includes made-to-order embroidery, prints, cakes, figures or 3D prints that reproduce them.
- Photos, texts or designs copied from other makers or from other shops without their permission.
Illegal products or products that do not comply with their rules
- Weapons, their parts and replicas that could be mistaken for real weapons, ammunition, explosives and pyrotechnics.
- Drugs and drug paraphernalia, medicines and products advertised with unauthorised healing or health properties.
- Tobacco, vaping products and alcoholic drinks, unless the workshop meets all the legal requirements for selling them.
- Food, cosmetics (such as soaps or creams), toys and other regulated products that do not comply with their safety, labelling and information rules (for example, those on allergens).
- Protected species and products obtained from them, products withdrawn from the market because they are dangerous, and any other goods whose sale is prohibited.
Fraud and deception
- Fake showcases, impersonating another workshop or person, taking payment with no intention of delivering, obtaining data by deception (phishing) and any other scam.
- Misleading claims: saying that something is handmade or is made of a material or comes from an origin that it is not, environmental or health properties that cannot be proven, false prices or discounts and invented urgency.
- Fake, bought or manipulated reviews, ratings or testimonials.
People and data
- Child sexual abuse material and any content that sexualises minors. We remove it immediately and report it to the authorities.
- Sexually explicit or pornographic content.
- Content that incites hatred, discrimination or violence, or that glorifies terrorism.
- Other people’s personal data or images without their consent: photos of customers or their children, names and dates on personalised pieces, addresses or phone numbers.
- Harassment, threats or insults.
Security of the service
- Malware, fraudulent links, spam emails or messages and any attempt to harm the service or its users.
In general, nothing may be published that is illegal under the law of the European Union or of Spain.
3. Personalised orders
Many products are made at the customer’s request. If a customer asks for a trade mark, a character, a logo or another person’s image to be reproduced, the workshop decides whether to accept and is responsible for it: the fact that the customer asks for it does not make lawful what is not. If there is no licence, the answer must be no.
4. How to notify us of illegal content
Anyone can notify us of content they believe is illegal or breaches this policy:
- With the form https://atrazos.app/denunciar or with the report link on each showcase and each product, which fills in the address for you.
- By email to legal@atrazos.app, if you cannot use the form.
For us to be able to act, the notice must include (article 16 of the DSA):
- A sufficiently substantiated explanation of why the content is illegal or breaches this policy.
- The exact address (URL) of the content: the specific showcase or product.
- Your name and your email address. This is not necessary if the notice concerns child sexual abuse.
- Your statement that you are acting in good faith and that the information is accurate and complete.
If the notice concerns an infringement of intellectual or industrial property, also state which right is infringed and whether you are its owner or are acting on the owner’s behalf.
When you submit the form you will receive an acknowledgement of receipt and a link to a tracking page where you will see the status of your notice and our decision. Keep that link: it is the way to check the answer without having to give us any more details.
5. How we handle notices
A person reviews each notice; we do not use automated means to decide. We handle notices diligently, objectively and in a non-arbitrary manner, and we tell you the decision and the ways to challenge it on the tracking page, without undue delay. If the notice does not contain the necessary information, we may not be able to act, and we will tell you so.
A notice that contains all of the above gives us knowledge of the content for the purposes of our liability as a hosting provider. That does not mean the content is illegal: we decide that after reviewing it.
6. What measures we may take
Depending on the seriousness, repetition and intent, we may:
- Do nothing, if the content is not illegal and does not breach this policy.
- Hide a product from the showcase.
- Remove or unpublish the showcase.
- Remove a specific piece of content.
- Suspend the workshop’s account, temporarily or permanently.
Where there is a serious or urgent risk (child abuse, a risk to people’s life or safety, fraud in progress), we act immediately.
7. Statement of reasons to the workshop
If we restrict content or an account, we inform the workshop concerned in the app, with a clear statement of reasons (article 17 of the DSA) that includes:
- What we have restricted, to what extent and for how long.
- The facts and circumstances we rely on, and whether we acted in response to a notice or on our own initiative.
- That the decision was taken by a person, without automated means.
- The legal provision or the rule of this policy that has been breached.
- How it can ask us to review the decision and that it can go to the courts.
We do not disclose to the workshop the identity of the person who sent the notice, unless it is strictly necessary, for example in an intellectual property claim, and in that case we will tell the person who sent the notice beforehand.
8. If you disagree with a decision
Both the workshop concerned and the person who sent the notice can ask us to review the decision, within six months, by writing to legal@atrazos.app and explaining why. A person will review the case and give you a reasoned reply. If the review finds in your favour, we will reverse the measure without delay. In any case, you can go to the courts.
9. Misuse
If a workshop repeatedly publishes manifestly illegal content, or a person repeatedly sends manifestly unfounded notices, we may, after warning them, suspend their account or stop processing their notices for a reasonable period. We decide this case by case, taking into account how many times it has happened, how serious it is and the intent.
10. Reporting to the authorities
If we become aware of information giving rise to a suspicion of a criminal offence involving a threat to people’s life or safety, we report it immediately to the competent police or judicial authorities (article 18 of the DSA). We always report child sexual abuse material. We also comply with orders to act against illegal content and orders to provide information issued to us by the authorities (articles 9 and 10 of the DSA).
11. Points of contact
- Authorities, the European Commission and the European Board for Digital Services (article 11 of the DSA): legal@atrazos.app, in Spanish or in English.
- Users of the service (article 12 of the DSA): https://atrazos.app/denunciar and legal@atrazos.app, in Spanish or in English.
12. Changes to this policy
If we change this policy, we will publish the new version at https://atrazos.app/normas and in the app. If the change is significant, we will let workshops know in the app beforehand.