Legal documentation · loupixa.com
Notice & Takedown Policy
Scope & Purpose
This Policy governs all notifications submitted to LoupiXa Agency in respect of content published, distributed, or made accessible in connection with the LoupiXa platform — including content published by Clippers on TikTok, Instagram Reels, YouTube Shorts, or any other social media platform as part of a LoupiXa campaign.
Legal Framework
| Instrument | Requirement |
|---|---|
| LCEN Art. 6-I-2 | French Law n°2004-575 — liability exemption for hosting providers who act promptly on manifestly illegal content notifications |
| DSA Art. 16 | Regulation (EU) 2022/2065 — mandatory notice-and-action mechanism for hosting service providers |
| DSA Art. 17 | Obligation to provide a statement of reasons to users whose content is restricted |
| DSA Art. 20 | Internal complaint-handling — users must be able to lodge complaints against content moderation decisions |
| DSA Art. 22 | Trusted flagger regime — notifications from recognised trusted flaggers must be processed with priority |
| DSA Art. 8 | Prohibition on general monitoring obligations — LoupiXa is not required to proactively monitor all content |
| CPI Art. L122-4 and L335-2 | Copyright infringement — basis for takedown requests from rights holders |
Who Can Submit a Notification
Anonymous notifications are accepted but may limit LoupiXa's ability to communicate the outcome of the notification to the submitting party.
Grounds for Notification
| Ground | Legal basis | Examples |
|---|---|---|
| Copyright or neighbouring rights infringement | CPI Art. L122-4, L335-2 | Use of a film extract, music track, or third-party video without authorisation in a paid campaign |
| Trademark infringement | CPI Art. L713-1 et seq. | Use of a registered trademark to suggest endorsement without the rights holder's consent |
| Image rights violation | French Civil Code Art. 9 | Unauthorised use of an identifiable person's image or likeness in commercial content |
| Undisclosed commercial intent | Law n°2023-451 Art. 5; Code conso Art. L121-3 | Sponsored content without the mandatory "Publicité" / "Collaboration commerciale" mention |
| Defamatory content | Law of 29 July 1881 on press freedom | Content making false statements of fact about an identifiable person or entity |
| Hate speech or discriminatory content | Code pénal Art. 225-1 et seq. | Content inciting hatred or discrimination based on a protected characteristic |
| Misleading or deceptive advertising | Code conso Art. L121-2 et seq. | Content making false or unsubstantiated claims about a product's benefits |
| Content harmful to minors | DSA Art. 28; Code pénal | Content targeting or exploiting minors |
| Violation of LoupiXa Content and IP Policy | LoupiXa Content and IP Policy | Paid campaign content not sourced from the CCP and not original to the Clipper |
| Other illegal content | As applicable under French or EU law | Content constituting a criminal offence under applicable law |
How to Submit a Notification
| Email (primary) | rights@loupixa.com — subject: "Notice and Takedown — [description of content]" |
| Online reporting form | [loupixa.com/report — to be created before publication] |
| Postal address | 47 rue Vivienne, 75002 Paris, France |
Required Contents of a Valid Notification
| Required information | Description |
|---|---|
| Identification of content * | Precise URL(s) of the content, or a sufficiently detailed description of the content and its location to enable identification. |
| Ground(s) for notification * | The specific ground(s) on which you consider the content to be illegal or non-compliant (see Article 4), with reference to the applicable legal provision or policy rule. |
| Description of illegality * | A clear explanation of why and in what respect the content is considered illegal — including which specific element(s) are at issue. |
| Identity of notifying party | Your name (or the entity you represent), contact email, and role (rights holder, Brand client, public authority, etc.). |
| Rights holder information | Where based on IP infringement: confirmation that you are the rights holder or authorised to act on their behalf, and identification of the specific right(s) claimed. |
| Supporting documentation | Any available evidence: screenshots, certificates of registration, licences, contracts, or other materials establishing the claimed right or illegality. |
| Accuracy declaration | A declaration that, to the best of your knowledge, the information in the notification is accurate and complete, and that you are acting in good faith. |
Processing Workflow
LoupiXa sends an acknowledgement to the notifying party confirming receipt and providing a reference number. Payment freeze applied simultaneously.
Assessment of whether the notification contains sufficient information to proceed, and classification of apparent severity. Incomplete notifications will result in a request for additional information.
Where the notification concerns manifestly illegal content (including CSAM, direct incitement to violence, or manifest copyright infringement), LoupiXa will immediately request removal from the Clipper and take all available measures to restrict access.
LoupiXa notifies the Clipper, providing a description of the notification received and a deadline by which the Clipper must respond with either a removal confirmation or evidence establishing the lawfulness of the content.
The Clipper must either confirm removal with evidence, or provide written evidence establishing that the content is lawful. Failure to respond is treated as an inability to establish the lawfulness of the content.
LoupiXa conducts a substantive assessment and reaches a decision: (i) content removed — notification upheld; (ii) content retained — notification rejected. Decision communicated in writing to both parties.
All notifications, evidence, decisions, and communications are archived in LoupiXa's Evidence Vault.
Counter-Notice Procedure
Any Clipper whose content has been removed or whose payment has been suspended may submit a counter-notice to contest that decision (DSA Article 20 — internal complaint-handling mechanism). Counter-notices must be submitted to rights@loupixa.com, subject: "Counter-Notice — [reference number]".
LoupiXa will acknowledge receipt within 24 hours and communicate a decision within 7 working days. Where a counter-notice is upheld, LoupiXa will reinstate the content (where technically possible) and release suspended payments. Where a counter-notice is rejected, LoupiXa will provide reasons and inform the Clipper of further redress options, including the right to refer the matter to ARCOM or seek redress before a competent court.
Trusted Flaggers
Under DSA Article 22, certain entities may be recognised as "trusted flaggers" by the competent Digital Services Coordinator. In France, the competent Digital Services Coordinator is ARCOM — arcom.fr. LoupiXa will process trusted flagger notifications with priority.
Contact
| Notice and takedown submissions | rights@loupixa.com — subject: "Notice and Takedown — [description]" |
| Counter-notices | rights@loupixa.com — subject: "Counter-Notice — [reference number]" |
| Online reporting form | [loupixa.com/report — to be created] |
| General legal contact | rights@loupixa.com |
| Postal address | 47 rue Vivienne, 75002 Paris, France |
| Acknowledgement — all submissions | Within 24 hours |
| Decision — standard notifications | Within 7 working days |
| Decision — manifestly illegal content | Within 24 hours of triage |
| ARCOM (Digital Services Coordinator) | arcom.fr |
| INPI (rights registration) | inpi.fr |