Digital Services Act (DSA)
1. Our status under the DSA
WishPride is a hosting intermediary service within the meaning of article 6 of Regulation (EU) 2022/2065 of 19 October 2022 on a single market for digital services ('Digital Services Act' or 'DSA'). We are neither a very large online platform (VLOP) nor a very large online search engine (VLOSE) within the meaning of article 33 of the DSA, as the threshold of 45 million average monthly active recipients in the European Union is not met. We nonetheless apply all obligations applicable to online platforms within the meaning of article 3(i) of the DSA.
2. Single point of contact (art. 11 DSA)
In accordance with article 11 of the DSA, you may contact us electronically at dsa@wishpride.com for any matter relating to the application of the DSA, including requests from competent national authorities, the European Commission or the European Board for Digital Services. Accepted languages: French and English. Target response time: 7 working days.
3. Legal representative in the European Union (art. 13 DSA)
WishPride is published by a sole proprietorship established in France (Damien Altman, see /legal/legal-notices). As the publisher is established within the European Union, the designation of a legal representative under article 13 of the DSA is not required.
4. Moderation policy (art. 14 DSA)
Our content moderation policy is described in our Content Policy (/legal/content-policy) and our Community Guidelines (/legal/community-guidelines). This policy enforces a 'Zero NSFW' rule: genital nudity, visible nipples, sexual acts and any child sexual abuse material are strictly prohibited. Moderation combines: (a) an automated image classifier (AWS Rekognition) applied before publication, (b) CSAM detection via perceptual hash-matching (Microsoft PhotoDNA) on 100% of images, (c) human moderation for reported or grey-zone content.
5. Notice and action mechanism (art. 16 DSA)
Every piece of content published on WishPride has a 'Report' button accessible to any logged-in user. The reporting form collects: (a) a sufficiently substantiated explanation of why the content is considered illegal, (b) a clear indication of the location of the content (URL), (c) the contact details of the notifier (unless the content concerns an offence referred to in articles 3 to 7 of Directive 2011/93/EU, in which case the report may remain anonymous), (d) a good-faith declaration. Reports are processed within a target time of 24 working hours.
6. Statement of reasons (art. 17 DSA)
When a moderation decision is made affecting a user (content removal, downranking, content suspension, account suspension or termination), WishPride provides the affected user with a clear and specific statement of reasons including: (a) the nature of the restriction and its geographic and temporal scope, (b) the facts and circumstances that motivated the decision, (c) identification of the content concerned, (d) the legal basis or the rule of these Terms that was violated, (e) the available remedies (internal complaint system, out-of-court dispute settlement, judicial remedy). In V1, this statement is sent by manual email by the publisher within a target time of 48 working hours. An automated tracking system will be implemented in V1.5.
7. Internal complaint-handling system (art. 20 DSA)
You may challenge any moderation decision affecting you by writing to appeals@wishpride.com within 6 months from the notification of the decision. This system is free and accessible electronically. Your complaint must include: your account identifier, the contested decision, the grounds for your challenge. Our team reviews the complaint under human supervision (never solely automated) and replies within a target time of 14 working days. If the initial decision is overturned, the content is restored or the account reactivated without delay.
8. Out-of-court dispute settlement (art. 21 DSA)
If you are not satisfied with the outcome of the internal complaint, you may resort to a certified out-of-court dispute settlement body within the meaning of article 21 of the DSA. In France, the national coordinator for digital services is the Autorité de régulation de la communication audiovisuelle et numérique (ARCOM, https://www.arcom.fr). The list of certified bodies is maintained by the European Commission at https://digital-strategy.ec.europa.eu. You may also use the European online dispute resolution platform: https://ec.europa.eu/consumers/odr. Recourse to an out-of-court body does not prejudge your right to bring judicial proceedings at any time.
9. Trusted flaggers (art. 22 DSA)
In accordance with article 22 of the DSA, WishPride processes as a matter of priority and without undue delay notifications submitted by trusted flaggers duly certified by the national digital services coordinator of their Member State. Trusted flaggers can contact us at dsa@wishpride.com with their certification identifier.
10. Measures against abuse (art. 23 DSA)
Users who repeatedly submit manifestly unfounded notices or who manifestly act in an abusive manner may have their access to the reporting mechanism suspended, after prior warning and based on an assessment using objective criteria including: the absolute and relative number of unfounded notices, the proportion of accounts that have been the subject of unjustified reports, the severity of the abuse, where appropriate the manifest intention. Accounts repeatedly publishing manifestly illegal content may also be suspended under the same criteria. Any suspension is preceded by a warning and is subject to a statement of reasons (see section 6).
11. Transparency reports (art. 15 DSA)
As WishPride is not a very large online platform (VLOP), it is subject to the obligation to publish a transparency report at least once a year under article 15 of the DSA. The first report will be published no later than 12 months after the public opening of the platform. It will notably contain: the number of orders received from authorities, the number of notices received under article 16, actions taken under own-initiative moderation, complaints received and their outcome, the use of automated means.
12. Account suspension and termination
WishPride may temporarily suspend or permanently terminate an account that violates these Terms, the Content Policy or the Community Guidelines. Grounds for immediate suspension include in particular: publishing child sexual abuse material (immediate termination + reporting to authorities), publishing non-consensual content, characterised harassment, fraud, using a third party's identity. Any suspension decision is subject to a statement of reasons (section 6) and may be challenged (section 7). In the event of termination, a 30-day grace period applies before the permanent deletion of data, in accordance with our Terms.