Display Europe eingetragene Genossenschaft, Missindorfstraße 21/4, 1140 (also “We”) is the operator of the Cultural Broadcasting Archive, accessible under cba.media („CBA„), an online database for the collection and online provision of media content especially of radio programs of community media stations, podcasts, videocasts and articles.

Uploaders (“Uploaders”) have the possibility to store information (e.g. radio broadcasts) („Information“, individually a „Contribution“) in the database („Upload“) and thus make it available to the public via the internet („making available“). The operator stores and aggregates the information entered by Uploader without influencing the content of the Contributions and makes the information available online. Users („Users“ or “Recipients”) access, interact with, and/or consume the content made available by Uploaders and post comments (“Posts”, “Information”) on the platform (together our “Service”).

2 Scope and applicability

As the recipient of these Terms of Use (via cba.media/ToU, hereinafter referred to as “ToU”), Users and Uploaders confirm that they have taken note of the following Terms of Use of Display for CBA and that they agree with them.

Our ToU apply in the current version (1.1.2025). Users and Uploaders will be informed of any significant changes to the ToU in a timely manner via the platform, email, or other appropriate communication channels.

The ToU applies to all Information shared by Uploaders and Users on CBA. The reproduction takes place in the interest and on the initiative of the Uploader or User, who makes the information available to the public on the internet.

2.1 Age Requirements

You may use the Service if you are at least 16 years old; however, children of all ages may use the Service if enabled by a parent or legal guardian.

3 Description of service

The content on the Service includes videos, audio (for example podcasts), graphics, photos, text, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials. Content may be provided to the Service and distributed by our Uploaders and we are a provider of hosting services for such content. In order to use our Service as an Uploader, you are obliged to sign an Uploading Agreement with us. In case of contradictions between these ToU and the Uploading Agreement, the latter shall prevail.

Users have the possibility to comment via postings on uploaded content (“Postings”). Uploaders’ and Users’ content are regarded collectively as „Content”. Content is the responsibility of the person or entity that provides it to the Service.

3.1 Recommendation system

Our current recommendation system features the following categories: Latest posts, Popular last week, Recently active podcasts. Recommendations based on displayeurope.eu’s recommendation system relates on content similarity.

3.2 Our Use of Technologies

We prioritize the use of Open Source Software and usually open source our developments.

Matomo for analytics
WordPress
Nextcloud

These technologies not only support our commitment to open-source principles but also enhance our ability to provide robust and flexible services.

4 Guiding Principles of the Platform

CBA is a European media platform designed to be accessible across Europe. The platform provides media content in various languages, allowing Uploaders and Users across Europe to both access and contribute content. We support independent and community media that empower marginalized and oppressed minorities, advocate for fundamental rights and civil liberties, and contribute significantly to democratic discourse.

We are committed to building a European media platform founded on public values and inclusivity. The platform contributes to a shared European media landscape, acknowledging the cross-border influences on the lives of Europeans. It offers a space free from governmental and commercial pressures where Europeans can connect, share ideas, discuss opinions, and find reliable information to promote accountability.

We aim to provide access to trusted information and diverse perspectives on Europe, supplementing what mainstream or national media offer. CBA gathers, translates and shares trustworthy media content from various parts of Europe. The platform relies on a sovereign, self-managed open-source digital infrastructure, setting itself apart from major tech social media and streaming services, with the goal of fostering a more democratic media representation across Europe.

5 Applicable Legal Framework

We facilitate the hosting and dissemination of content provided by Uploaders to the public and thus are a platform provider as defined in Article 3/i of the Digital Services Act (DSA). We also meet the criteria of an information service provider according to § 3/1 Austrian E-Commerce Act (ECG).

We enable the distribution of user-generated videos to the public via electronic communication networks and are therefore considered – regarding the uploaded video content – to be a provider of a Video-Sharing Platform according to § 2/37a Austrian Audiovisual Media Services Act (AMD-G).

We are a hosting service provider in the meaning of Art 2 (1) of Regulation 2021/784 on addressing the dissemination of terrorist content online.

It is important to note that, as the platform provider, we do not assume editorial responsibility for the content shared. Our role is to determine the organization and presentation of content, including the use of automated means or algorithms to display, tag, and arrange content on the platform.

6 Use of the Service as a Recipient

6.1 Content on the Service

You may access and use the Service as a Recipient as made available to you, as long as you comply with these ToU and the law. You may view or listen to or use Content for your personal, non-commercial use, unless additional use is stated otherwise in the Content’s copyright attribution. Uploaded content usually have Creative Commons licenses as copyright attribution.

6.2 Rules for Comments (Postings)

We give Users the opportunity to share opinions, ideas and information with a wider audience by publishing posts on CBA. As part of the CBA community, you can take part in political or social debates and contribute to the diversity of opinion. We provide the website’s reach on CBA for this purpose.

You undertake to write your contributions carefully and conscientiously, to argue objectively, to label quotations and to substantiate assertions with sources. You undertake to comply with media law regulations and in particular to refrain from making unverifiable insinuations and suspicions.

By creating text content (posting), you give Us your assurance that you are the sole author of the text content in question, that you can freely dispose of this content and the existing rights of use, and that you declare that this content is free from third-party rights. You are liable for the lawful transfer of the rights of use to the content you use.

The CBA community is a place for public discourse. As a User, you are aware that your posts on CBA will appear publicly and indefinitely under your community name. We reserve the right to use your pseudonym in connection with your contributions.

Granting of rights:

By publishing posts on CBA, you grant Us the non exclusive rights of use to your comments. Notwithstanding these rights of use, you may continue to dispose of your contributions without our consent. The moral rights to the contributions also remain unaffected by this. The exploitation of the rights of use granted is free of charge.

The granting of non exclusive rights of use shall cover any legal nature of the current and future legal situation and shall be unrestricted in terms of subject matter, time and place. This also includes currently unknown types of use and the period of any extension of the term of protection, irrespective of the medium used.

The rights transferred and granted include in particular, but not exclusively, the following rights: (a) the broadcasting right for all possible broadcasting methods, (b) the right to make available to the public by means of analogue, digital or other storage and data transmission technology, (c) the right to extend in interactive forms, (d) the reproduction and processing right, (e) the editing right, (f) the translation and synchronization right (also automated), (g) the ancillary printing right, (h) the stage, radio play and audio book right, (i) the title usage right, (j) the further development and enhancement right, (k) the sub-licensing right, (l) the right to use for research purposes for Display Europe eG

We are authorised to transfer these rights of use, in whole or in part, to third parties and to grant them rights of use. We are under no obligation whatsoever to use the contributions made.

Commenting Rules:

In order to maintain and promote the quality of discussions in the CBA community, it is necessary that you adhere to the following rules in your posted content, including linked content, and when choosing your community name.

Respect legal boundaries, be fair to others, stay on topic and participate constructively in the discussion.

Please also choose your community name in such a way that it is not possible to be mistaken for someone else or to assume that you are speaking for a particular organization or group.

Please ensure that you comply with the following points in detail:

1. compliance with laws and regulations: You are obliged to comply with laws and regulations in your postings. In particular, refrain from making statements that could fall under defamation, slander, libel, damage to credit or incitement to hatred. Calls for violence are not accepted in our commenting section. Sharing links that lead to illegal content (e.g. unauthorised streaming portals) is also prohibited. You may be held responsible for your postings. We will disclose your data to third parties or authorities if we are legally obliged to do so. In particular, the following rules on 7) Prohibited Content and 8) Content Restrictions apply for Comments (Postings) as well.

2. fair behaviour towards others: Treat other Users, people mentioned in articles and Our employees with respect and consideration and refrain from hostility. Take care not to belittle or ridicule anyone. For example, refrain from slurring names or making derogatory comments about people’s appearance. Verbal abuse, threats and insults as well as statements that are damaging to someone’s reputation or business will not be accepted. Racist, sexist, misogynistic, homophobic, anti-Semitic and other misanthropic posts in which groups are condemned or denigrated in general terms are not permitted. It is your responsibility to exclude such interpretations.

3. relevance to the topic: Your posts must relate to the topic of the content, include relevant aspects and may contain opposing viewpoints. The further your post strays from the original topic, the more likely it is that it will be deleted by us. This also applies to questions and comments relating to our moderation. You may not publish personal data relating to third parties such as name, address and telephone number or details from the private lives of others. Advertising and other content of an advertising nature is prohibited.

4. constructive discussion: substantiate your opinion with comprehensible reasons, cite trustworthy sources and respond to the arguments of other Users on a factual level. Please refrain from insinuations, suspicions and unverifiable claims. Pay attention to the quality of your sources of information and question them if necessary. The dissemination of false information is prohibited in our commenting section. Constructive criticism is welcome if it is formulated respectfully and objectively and is based on concrete arguments (details). Please formulate your contributions in generally understandable terms and language. Profanity, foul language, crude, ambiguous or obscene language are not permitted. Content that may be inappropriate or offensive to minors will also not be tolerated. Refrain from spamming (multiple postings with the same or similar content) and flooding (‘flooding’ the debate with a large number of posts). This also applies to ratings. It is also not permitted to post with multiple user accounts.

Moderation and measures:

Regarding moderation and complaint mechanism, we refer to the sections Safeguards Against Prohibited Content and Notice and Action Mechanism below.

7 Prohibited Content

Uploaders and Users of our platform are responsible for ensuring that any content they upload respects the human dignity and fundamental rights of others in both its presentation and substance. They are prohibited from uploading content that fails to uphold these values and must ensure all content they share are respectful and legally compliant.

Prohibited content includes, but is not limited to:

Illegal Content: Content that infringes applicable national or European laws or regulations. According to § 54d AMD-G, this specifically includes the following crimes as outlined in the Austrian Criminal Code (StGB):
- Child-Endangering Content: Visual material depicting sexual abuse of children and visual depictions of minors in a sexualized manner (§ 207a StGB);
- Terrorist Content: Incitement to commit terrorist offenses and approval of terrorist act (§ 282a StGB);
- Incitement to Violence or Hatred (§ 283 StGB):
  - Publicly inciting violence against a church, religious community, or any group of persons defined by actual or perceived criteria such as race, skin color, language, religion or belief, nationality, descent, national or ethnic origin, gender, disability, age, or sexual orientation, or explicitly calling for hatred against such a group or a member of such a group because of their membership in that group;
  - Insulting any of the groups mentioned above, or a person belonging to such a group, in a manner intended to violate the dignity of the members of the group or the person, and in a way that is capable of making the group or person contemptible or demeaning them in public opinion;
  - Approving, denying, grossly trivializing, or justifying crimes as defined in Sections 321 to 321f and Section 321k StGB (Genocide, crimes against humanity, war crimes), which have been definitively determined by a domestic or international court, whereby the act is directed against one of the groups mentioned above or a member of such a group explicitly because of their membership in that group and is committed in a way that is capable of inciting violence or hatred against such a group or a member of such a group;
  - Making publicly available written material, images, or other representations of ideas or theories that endorse, promote, or incite hatred or violence against a group or a member of such a group.
Hate Speech and Discrimination: Additionally, any content that constitutes incitement to violence or hatred against a group or a member of a group, based on any ground such as sex, race, color, ethnic or social origin, genetic characteristics, language, religion or belief, political or other opinion, association with a national minority, property, birth, disability, age or sexual orientation, insofar as it does not already fall under § 283 StGB.
Intellectual Property Infringement: Unauthorized use or distribution of third-party intellectual property.
Harmful content: Content that may impair the physical, mental, or moral development of minors, specifically prohibited content according to 10.1

We reserve the right to take necessary actions against Uploaders and Users violating these obligations, including the removal of such content and potential suspension or termination of the Uploader’s or User’s account, ensuring compliance with the DSA and the AMD-G, as well as other national and European laws on prohibited and harmful content.

8 Content Restrictions regarding the Upload of Audiovisual Commercial Communication (Advertisement)

Uploaders who upload audiovisual content must adhere to the following guidelines for audiovisual commercial communication according to the AMD-G. Audiovisual commercial communication are images with or without sound that are designed to promote, directly or indirectly, the goods, services or image of a natural or legal entity pursuing an economic activity, or to support a cause or idea.

Transparency: Uploaders must ensure that all audiovisual commercial communications they share are easily identifiable as such.
Prohibition of Subliminal Advertising: Uploaders are prohibited from employing subliminal techniques that fall below the threshold of perception or engaging in any similar prohibited practices.
Content Restrictions: Audiovisual commercial communications must not:
- Violate human dignity;
- Contain or promote discrimination based on gender, race, ethnic origin, nationality, religion or belief, disability, age, or sexual orientation;
- Encourage behaviors that endanger health or safety;
- Advocate behaviors that significantly harm environmental protection;
- Promote illegal practices;
- Mislead or harm the interests of consumers.

8.1 Transparency of Commercial Content

8.1.1 Labelling

Audiovisual commercial communication shall be readily recognizable as such. A functionality is provided for Uploaders to declare, to the best of their knowledge or what can reasonably be expected, whether their content contains commercial communication. This function ensures that any advertisement displayed to Users is clearly identified as such in real-time through highlighted labels.

If we are aware of it, either through such a declaration of an Uploader or for another reason, a clearly recognizable reference will be made.

For the time being product advertisment is not permitted on CBA.

8.1.2 Transparency on Sponsorship

For every advertisement shown, Users are provided with the following clear, precise, and unambiguous information:

The natural or legal person on whose behalf the advertisement is displayed.
The natural or legal person who paid for the advertisement, if different from the person mentioned above.
Information about the key parameters used to determine the targeting of advertisements to Users and how to change them. Currently CBA doesn’t offer the possibility of targeted advertisements.

8.2 Profiling

We do not display advertisements to Users based on profiling as defined in Article 4/4 GDPR using special categories of personal data as referred to in Article 9/1 GDPR or the personal data of Users reasonably believed to be minors.

8.3 Audiovisual Commercial Communication for Tobacco Products

Uploaders must not share any form of audiovisual commercial communication related to tobacco products or related items, including devices intended for consumption.

8.4 Audiovisual Commercial Communication for Medicines, Medical Devices, and Therapeutic Treatments

Uploaders are prohibited from providing audiovisual commercial communication for prescription-only medicines or medical devices that require a prescription.
For all other medicines, medical devices, and therapeutic treatments, communications must be clearly identifiable, honest, truthful, and verifiable; they must not harm people or animals.
Teleshopping for medicines and therapeutic treatments is prohibited.
Uploaders must comply with advertising regulations from the Medicines Act and the Medical Devices Act, as well as abide by advertising restrictions contained in health profession regulations.

8.5 Audiovisual Commercial Communication for Alcoholic Beverages

Uploaders must adhere to the following specific guidelines for audiovisual commercial communication related to alcoholic beverages:

Such communication must not be targeted specifically at minors or depict minors consuming alcohol.
It must not link alcohol consumption with improved physical performance or driving abilities.
It must not suggest that alcohol consumption leads to social or sexual success.
It must not imply that alcohol has therapeutic, stimulating, calming, or conflict-resolving properties.
It should not promote excessive drinking, nor portray abstinence or moderation negatively.
The alcohol content of beverages should not be highlighted as a positive feature.

8.6 Audiovisual Commercial Communication and Protection of Minors

Audiovisual commercial communication must not lead to the physical, mental, or moral impairment of minors.
Such communication must not directly urge minors to purchase or rent goods or services by exploiting their lack of experience or gullibility.
It must not encourage minors to persuade parents or others to buy advertised products or services.
It must not exploit the special trust minors have in parents, teachers, or others.
It must not depict minors in dangerous situations without justified reason.

9 Use of works, Uploader’s Responsibility for Third-Party Rights

Uploaders grant Us a non-exclusive, geographically, temporally, and usage-wise unrestricted right of use of the uploaded work. Uploaders declare that the uploaded work is free of third party rights or that the Uploader has the right to use third party rights, is fully liable regarding third party rights within the uploaded work and indemnifies and holds Us harmless regarding third party rights. Respective detailed stipulations regarding Uploaders granting use of works and third-party rights can be found in the Uploading Agreements.

10 Protection of minors

10.1 Prohibited Content

We are committed to protecting minors from harmful or violent content that could impair their physical, mental, or moral development, the upload of which to CBA is prohibited including:

Content encouraging self-harm or suicide,
Content containing graphic violence,
Content involving gratuitous violence or the uncritical depiction of sexual acts.

To achieve this, the following safeguards are in place:

10.2 Parental Control Systems

CBA doesn’t allow the uploading of prohibited content (10.1).

10.3 Content Rating by Users

Users are provided with simple and easily understandable rating features to categorize and flag content as potentially harmful.

10.4 Age verification

As the uploading of prohibited content (10.1) is not permitted, cba.media does not carry out age verification.

Additional safeguards may be implemented to confirm Users meet the minimum age requirement.

11 Media Literacy

We believe that media literacy is crucial for navigating today’s digital world, helping Users distinguish credible information, protect their privacy, and critically engage with media. As part of our commitment, and in accordance with § 54e/3/3 AMD-G, we refer to the Media Literacy Atlas provided by the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR) under the following link: https://medienkompetenz.rtr.at/startseite.de.html. This resource offers a wide range of projects and initiatives aimed at promoting media literacy for diverse audiences.

12 Safeguards Against Prohibited Content

We implement a comprehensive system to ensure the protection of the general public from prohibited content. Specifically, the following measures are in place:

12.1 Content Upload Warnings

When Uploaders attempt to upload content, we provide clear and easily understandable step-by-step explanations regarding the types of content that are prohibited under applicable laws and the ToU.

Before completing the upload, Uploaders are required to explicitly confirm their understanding of the rules and that their content complies with the law and the ToU.

12.2 Moderation

CBA’s own moderators will assess flagged content and ensure the discussion is moderated in accordance to our terms of use. Users who violate any applicable law or regulation, who disrupt other users’ ability to use the service, who stalk, intimidate, threaten or impersonate other users and people will have their ability to comment on the platform restricted and, depending on their behaviour, we reserve the right to terminate their account.

We apply and enforce restrictions carefully, objectively, and proportionately. In doing so, we take into account the rights and legitimate interests of all parties involved, including the fundamental rights of our Users and Uploaders as enshrined in the EU Charter of Fundamental Rights. This includes protecting freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

13 Notice and Action Mechanism

13.1 Submission and Handling of Notices

In accordance with Article 16 DSA, § 54e AMD-G and Art 5 (2) lit b Regulation 2021/784 on addressing the dissemination of terrorist content online, we provide an easily accessible and user-friendly way to report illegal content. This includes any information that does not comply with European or national law. The notice can also be used to report content that violates our ToU. Our Users and third parties can report allegedly unlawful content that is provided or displayed on our website by submitting an online form.

Anyone, including individuals and organizations that are Users or third parties, can report content. In general, an anonymous notice is possible, especially for suspected depictions of child sexual abuse according to Articles 3 to 7 of Directive 2011/93/EU. For reports of copyright-infringing content, rights holders identity disclosure is needed. Trusted flaggers‘ notices are processed with priority. The notice form therefore includes an option for identification as a trusted flagger. see https://digital-strategy.ec.europa.eu/de/policies/trusted-flaggers-under-dsa).

Reporting buttons are placed next to all displayed information on the platform, such as articles or videos, comments, allowing Users and third parties to easily access the reporting form. It is possible to report several specifically named contents in a single submission. Users can submit their notices in the language available to them on the platform, ensuring accessibility and ease of use.

The notice should contain the following information in order to be processed effectively:

Contact information (name, email address) of the notifier for further inquiries;
An indication of whether the notifier is a trusted flagger according to Article 22 DSA;
A justification for considering the content to be illegal;
The URL or another specific identifier of the location of the content.

By submitting the notice, the notifier expressly confirms that he or she believes in good faith that the information and allegations contained in this notification are accurate and complete.

After the notice is sent, we will send an automatic confirmation of receipt without undue delay, provided contact information was given.

We will process any notice and take a decision in respect of the information to which the notices relate in a timely, diligent, non-arbitrary and objective manner.

13.2 Privacy Policy for the Processing of a Notice

The personal data provided by the notifier in the notice form (particularly name and email address) will be processed by Display Europe eG, Missindorfstraße 21/4, 1140 Wien, based on a legal obligation under Article 6/1/c of the General Data Protection Regulation (GDPR) in conjunction with Article 16 of the DSA. The provision of personal data is required for executing the notice and action procedure mandated under Article 16 DSA. We are legally obligated to implement this procedure to efficiently review and address potentially illegal content.

Providing personal data is generally voluntary. However, without sufficient information, it may not be possible to fully assess the reported violation. Specifically, for notices regarding copyright-infringing content, providing the notifier’s identity is necessary to verify the legality of the affected content. For notices concerning offenses such as sexual abuse or exploitation of children, child pornography, solicitation of children for sexual purposes, or related offenses under Articles 3–7 of Directive 2011/93/EU, providing contact details is not mandatory.

The personal data included in the notice will be processed solely for handling reports of potentially illegal content on our websites. It will be deleted immediately after the notifier is informed of the decision regarding the content unless further inquiries are open or the data is required for administrative, judicial, or investigative proceedings under the Austrian Code of Criminal Procedure. In such cases, the data will be deleted only after all relevant information has been clarified with the notifier or the proceedings have been completed or closed.

For further information on data protection and the notifier’s rights as a data subject, please visit https://cba.media/privacy or contact us at [email protected].

13.3 Appropriate Measures

Appropriate measures may include:

restricting the visibility of specific items of information provided by the recipient of the service, including removal of content, disabling access to content, or demoting content;
suspension, termination, or other restriction of monetary payments;
suspension or termination of the provision of the service in whole or in part;
suspension or termination of the recipient of the service’s account.

If content is reported and, based on a reasonable assessment without the need for further investigation, a clear and substantiated suspicion arises that the reported content constitutes an offense as outlined in Chapter 8, we will take immediate action, such as removing the content or blocking access to it.

If we become aware of a potential criminal offense that poses a danger to the life or safety of individuals, we are required to inform the responsible law enforcement authorities immediately and provide all relevant information available.

13.4 Information

The notifier will be informed without delay of the remedial decision, provided contact information was given or if the notifier can be identified with reasonable efforts.

The information will include:

a clear and specific statement of the sanction imposed (see Appropriate Measures),
the time of removal or blocking, if applicable,

the facts and circumstances underlying the decision,
information about automated decision-making if automated means were used,
a reference to the applicable legal basis in the case of unlawful content, and
in cases of non-compliance with our ToU, a reference to the relevant contractual provision and an explanation of why the content is deemed incompatible.

In addition, information on the available legal remedies will be provided. In the case of videos, affected parties will be informed about the possibility to participate in dispute resolution proceedings according to § 54f AMD-G (See Dispute Resolution Process under the AMD-G and Right to lodge a complaint under the DSA). Additionally, any other affected Users and Uploaders will be provided with a clear and specific statement of reason and possibilities for redress and in case of videos the possibility to participate in dispute resolution proceedings according to § 54f AMD-G (See 18) without delay, if the relevant electronic contact details are known to us or if the person can be identified with reasonable efforts.

13.5 Measures Against Misuse and Repeated Violations

If a User or Uploader repeatedly posts illegal content, we will suspend their access to our services for a certain period of time after issuing a warning. Likewise, if someone frequently submits unfounded notices or complaints, we will pause processing their submissions for a reasonable time following a warning.

We assess these situations by considering the number of violations or unfounded reports, their frequency in relation to overall activity, the severity and impact of the misuse, and any discernible intent behind these actions.

13.6 Saving Reported Content for Evidence Purposes

When content is reported on our platform regarding videos, we are obliged to securely save the content in question according to § 54e/2/3 AMD-G, along with the timestamp of its creation and the data necessary to identify its author, for evidentiary purposes, including for potential criminal prosecution. This data will be retained for a maximum of ten weeks. However, if a prosecuting authority submits an express request, this retention period may be extended in specific cases to ensure that evidence is preserved and not compromised.

14 Rating Feature

Our platform provides user-friendly, easily accessible, and permanently available features that allow Users to rate the content shared on CBA. This rating feature is designed to be transparent, ensuring that third parties can view and understand the feedback provided by Users. By using this system, Users agree to provide honest and respectful ratings that reflect their genuine opinion of the content.

15 Complaint Procedure

To ensure compliance with the platform’s obligations regarding uploaded videos, we provide a transparent and user-friendly procedure for Users and Uploaders to file complaints if they believe the platform has not adequately implemented its obligations.

Complaints may be submitted particularly in the following cases:

Reporting and Rating System Issues:

Problems with the functioning of the system used to report content or rate content.

Disagreement with the restriction, removal or blocking of content; with the suspension or termination of the service’s account; or with the suspension, termination, or other restriction of monetary payments.

Parental Control or Age Verification System Malfunctions:

Issues related to the system that is designed to control access to harmful content for minors.

Labeling of Audiovisual Commercial Communication:

Problems with the tools that are meant to clearly label audiovisual commercial content.

Complaints System Functionality:

Malfunctions or issues with our complaints system, that prevent effective problem reporting.

Non-Compliance of our ToU with the obligations of the AMD-G for video-sharing platforms
Reporting with regards to the Regulation on addressing the dissemination of terrorist content online

Complaints can be submitted directly through the platform or by email to: [email protected].

All complaints will be reviewed promptly, and complainants will receive updates on the status and outcome of their complaint within a reasonable time frame.

15.1 Processing of personal data

The personal data provided during the complaint process (particularly name and email address) will be processed by , Missindorfstraße 21/4, 1140 Wien, based on a legal obligation under Article 6/1/c GDPR in conjunction with § 54e/3/4 AMD-G. We are committed to keeping all complaints confidential. The processing of personal data is required for executing the complaint procedure mandated under § 54e/3/4 AMD-G. Providing personal data is generally voluntary. However, without sufficient information, it may not be possible to fully assess the reported issue.

For further information on data protection and complainants’ rights as data subjects, please visit https://cba.media/privacy or contact us at [email protected].

15.2 Dispute Resolution Process under the AMD-G and Right to lodge a complaint under the DSA

We will make every effort to address the issue promptly and find a satisfactory solution.

If the issue persists, regarding compliance with the AMD-G (videos), complainants have the right to escalate the matter to the Dispute Resolution Body (Schlichtungsstelle) at the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR). Complaints can be submitted via https://beschwerde.rtr.at/startseite.de.html, where the RTR will review the case, propose a solution, or provide guidance on further steps in a transparent and fair process.

If Users and Uploaders, as well as any person, organization, or association authorized to exercise the rights conferred by the DSA on their behalf, believe we have violated our obligations under the DSA, they may file complaints with the Digital Services Coordinator in their Member State. A list of the Digital Services Coordinators for each Member State is available at the following link: https://digital-strategy.ec.europa.eu/en/policies/dsa-dscs.

The Austrian Digital Services Coordinator is the independent media authority KommAustria. Complaints can also be submitted via the link above (https://beschwerde.rtr.at/startseite.de.html).

15.3 Compensation

Users and Uploaders may claim compensation for damages or losses caused by our failure to comply with the obligations set out in the DSA, in accordance with EU and national law.

16 Liability

The operator of CBA has no influence on the content of the Information. The Uploader or User is solely responsible for the content of the Information, in particular under civil, criminal, data protection and media law. Uploader/User indemnifies and holds harmless the operator for all claims of third parties, e.g. due to infringement of copyrights and exploitation rights, personal rights, media rights or data protection rights, which are raised on the basis of the Information stored by the Uploader/User.

The liability of the operator and that of its board members and employees is limited to intent or gross negligence; liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury. Insofar as liability is excluded or limited, this shall also apply to the personal liability of its board members and employees.

Any liability of the operator for damages is excluded to the extent permitted by law and limited to the payments made by the Contractual Partner for the last financial year if any.

17 Place of jurisdiction, applicable law and formal provisions

As far as legally permissible: The place of jurisdiction is Vienna; substantive Austrian law applies to the exclusion of conflict of law rules.

We are authorised to amend these ToU. We are obliged to inform you in good time before the changes take effect. Information about changes can also be communicated via cba.media.

You then have a four-week period from receipt of the information to object to the changes. The changes shall be deemed approved if you do not object to the changes in writing within the four-week period. This circumstance will be pointed out separately in the notification. In the event of timely objection, the amended ToU shall not apply to the contractual relationship.

Should individual provisions of these ToU be invalid or should these ToU contain loopholes, this shall not affect the validity of the remaining provisions. The invalid provision shall then be replaced by a valid provision that comes closest to the economic purpose of the invalid provision. The same applies in the event of a loophole.

18 Contact Details

Art 11 DSA: The central point of contact for the authorities of the Member States, the Commission and the European Digital Services Board for matters relating to the Digital Services Act is [email protected]. Communication with the central contact point is possible in German and English. When contacting us, please state the name of the authority or body on whose behalf you are contacting us, as well as an electronic contact option in the event of queries, unless this is already clear from your email signature.

Art. 12 DSA: The central point of contact for any Users’ or Uploaders’ concerns is [email protected].

Point of contact for authorities and recipients in the meaning of Art 15 Regulation 2021/784 on addressing the dissemination of terrorist content online: [email protected]