Safe Creative Protocol to possible protected data infringement by a service user.

Safe Creative provides, among other services, a copyright registration service in electronic support. In this sense, after signing up, users carry on copyright registration and deposit of works of authorship, uploading and hosting the electronic files that contain or describe them, to Safe Creative servers.
At this time, and according to the conditions of use of the Service, as a user you declare under your responsibility that the information you deposit in Safe Creative servers complies with EU personal data protection rules.
Therefore, it is the users who declare the foregoing rights and determine, where appropriate, possible uses, licenses or applicable reserve of rights. Safe Creative acts as a witness of such statements, thus providing evidence of authorship and ownership rights.
To manage potential infringements on personal data or image rights, which presumably registration of a work of authorship by a Safe Creative user could produce, Safe Creative articulates this protocol which describes the proceedings to follow after notice of personal data protection infringement.
If you detect a potential breach in this regard, please notify us at the email address or through our contact form.

Content of notice

In order for Safe Creative to take appropriate measures, in case you detect a potential breach of protected by a user of Safe Creative, you will notice us including the following information:
  1. Your contact details: name, National Identity Card, Passport number or equivalent ID, email address and country of residence. If acting on behalf of a corporation, you must provide complete information about it (name, postal address and VAT/EIN number) and indicate your position or the representation terms whereby you send this notice.
  2. A reference that allows us to trace the work of authorship that supposedly injures or violates protected data rules in the records of Safe Creative. For example, the work’s URL, code or registration number, or the exact name or title.
  3. A description as detailed as possible of the offense that the work involved produces regarding personal data protection rules. You will also indicate us what rights you own with respect to the information reported.
  4. The request you would like we send to the allegedly infringing user. That is, if you think the user should withdraw registration of the work, modify it, keep it as private, etc.
  5. A specific statement of the veracity of the foregoing information, assuming all claims and damages arising out of the possible falsehood of the statement, as well as of the actions we take in consequence.

Procedure for data protection claims

Safe Creative will proceed according to the following steps to data protection infringement claims:
  1. Checking the contents of the notification in accordance with the above said, as well as the existence of the record which constitutes the subject of the complaint.
  2. If the above said is correct, Safe Creative will notify the claim to the allegedly infringing user for him/her to reclaim what he/she considers within one week. Since then, that work’s registration will become blocked so that user cannot make changes to it, publicity about that work will stop and access (and download if applicable) will be prevented, as well as any other transaction in Safe Creative relating to such work.
  3. The aforesaid situation will continue indefinitely as long as the notified user does not respond to the requirement.
  4. If user responds reaffirming that such registration does not produce any offense in EU legislation on personal data protection, user will be asked to manifest the same by any reasonable means which can provide user’s guaranteed identity and will (Example: manually signed letter or fax, digitally signed email, etc.). In this regard, user shall submit affidavit to Safe Creative about the legality of the controversial record, regarding possible breaches of EU rules on personal data protection, within the next two weeks, and expressly exempting Safe Creative of any potential liability that may correspond the latter for these acts, as well as for the reproduction, distribution or public communication of the controversial work. Here is a pdf template for personal data conflict declaration.
  5. Once the previous procedure is correctly completed, the record will be kept in the terms that the user chooses.
  6. The result of the above process will be duly communicated to the person who initiated the corresponding claim.
Safe Creative will always keep a neutral position with respect to the parties in conflict; they must be those who initiate any administrative, judicial and/or extrajudicial proceedings in defense of their interests. Without limiting the foregoing, Safe Creative will provide documents, certificates and other information on their records as evidence to the competent authorities.
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