【Intellectual property right Policy】

Users of GITA Transparency Platform accessible through https://gita.foundation/ (the “Website”) are responsible for making sure the material that has been used, copied, distributed or disclosed through the Website, complies with our Terms of Use. To protect intellectual property and in order to cooperate with the intellectual property right owners, we implemented the following notice and take down procedure.

  1. IF YOU BELIEVE YOUR RIGHTS HAVE BEEN INFRINGED
    1. Reporting infringement of your rights
    2. If your intellectual property right -protected work was posted on the Website without authorization, that constitutes an infringement of your intellectual property rights, you may submit an intellectual property right infringement notification (“Notice”). These requests should only be sent in by the intellectual property right owner or an agent authorized to act on the owner’s behalf.

      Before serving a Notice, you may wish to contact a lawyer to better understand your rights and obligations under the applicable laws. Our notice and take down procedure does not constitute legal advice.

      In the Notice, please provide us with the following written information. Without this information, we will not be able to comply with your request:

      1. Your contact information
      2. You will need to provide information that will allow us and the uploader(s) of any content(s) you request the removal to contact you regarding your complaint, such as your full name, email address, postal address and telephone number on which you can be contacted.

      3. A description of your work that you believe has been infringed or violates your Rights
      4. In your Notice, be sure to clearly and completely describe the content that infringes or violates your intellectual property rights. Where there is more than one infringement of your intellectual property rights, the law allows a representative list of such works.

      5. Each allegedly infringing content’s specific URL
      6. Your Notice must contain the specific URL of the content you believe infringes your intellectual property rights, or we will be unable to locate and remove it. General information about the content, such as a title of a project, is not adequate. Please include the URL(s) of the exact content(s).

      7. You must agree to and include the following statement:
      8. "I have a good faith belief that the use of the material in the manner complained of is not authorized by the intellectual property right owner, its agent, or the law.”

      9. And the following statement:
      10. "The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”

      11. Your signature
      12. Physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the intellectual property righted content that is allegedly infringed. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature at the bottom of your complaint.

        You may contact us via email, postal mail, or fax, being sure to include the requirements above.

    3. Removal
    4. The content or other material will be taken down or the access to the content (temporarily) will be disabled by GITA as soon as practicable upon our receipt of the Notice. The name you enter as intellectual property right owner will be published on GITA in place of disabled content. This will become part of the public record of your request, along with your description(s) of the work(s) allegedly infringed. All other information, including your full legal name and email address, are part of the full Notice, which may be provided to the uploader. For privacy reasons we will not provide you with the contact information of our user without consent of the user, unless GITA is legally obliged to do so with a court order.

      The respective user may send a Counter-Notification to GITA as further described.

  2. IF YOU BELIEVE YOUR CONTENT WAS WRONGFULLY REMOVED
    1. Counter-Notification
    2. If your content or other material have been taken down or the access to the content (temporarily) has been disabled, and you believe that your content or other material does not infringe any intellectual property rights, you may provide us with an counter notification ("Counter-Notification"). In case GITA does not receive a Counter-Notification from you within 4 weeks after we sent you a copy of the Notice regarding the alleged infringement, GITA will permanently take down (deletion) and/or permanently deny access to the content or other material concerned.

      However, please do not re-upload the content yourself. Please be aware that in case the material concerned is infringing intellectual property rights, you may be liable for damages and costs including attorneys’ fees.

      Before serving a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the applicable laws. Our notice and takedown procedure does not constitute legal advice.

      In the Counter-Notification, please provide us with the following written information.

      1. Each accused infringing content’s specific URL
      2. Your Counter-Notification must contain the specific URL of the content you believe that (temporarily) has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled. Please include the URL(s) of the exact content(s).

      3. You must agree to and include the following statement:
      4. A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question.

      5. Your contact information
      6. You’ll need to provide information that will allow us to contact you regarding your Counter-Notification, such as your full name, email address, postal address and telephone number on which you can be contacted.

      7. Your signature
      8. Physical or electronic signature. To satisfy this requirement, you may type your full legal name (a first and last name, not a company name) to act as your signature.

        You may contact us via email, postal mail, or fax, being sure to include the requirements above.

    3. Resolving the issue
    4. After GITA receives the Counter-Notification, we will send a copy to the party who filed the Notice. If they don't notify us in 10 business days that they are seeking a court order to prevent further infringement or reaching a settlement, we may replace or restore access to the material we removed.

      If GITA, at its own discretion, decides that there is reason to believe that the alleged claim(s) is (are) true, we reserves the right to permanently take down (deletion) and/or permanently deny access to the content or other material concerned.

      We encourage the relevant parties, i.e., those issuing the Notice and Counter-Notice, to resolve the issue swiftly and amicably and to the satisfaction of both parties, with the following possible outcomes:

      1. The content or other material concerned is permanently removed.
      2. The content or other material concerned is replaced unchanged.
      3. The content or other material concerned is replaced with changes. GITA reserves the right to keep the content unavailable as long as the user and the complainant did not agree upon a solution.

      In addition, GITA may act in accordance with a final judgement of the court.



【Legal and Compliance Policy】

Users of GITA Transparency Platform accessible through https://gita.foundation/ (the “Website”) are responsible for making sure the material that has been used, copied, distributed or disclosed through the Website, complies with the regional laws of your jurisdiction, including but not limited to securities laws and regulations, the anti-money laundering and countering financing of terrorism act, etc. In making material available on the Website, GITA is acting in good faith. However, it is possible that material published online may be in breach of applicable laws or contain content that is otherwise unlawful. To avoid any disputes, we implemented the following take down procedure.

  1. Removal
  2. The content or other material will be taken down or the access to the content will be (temporarily) disabled by GITA as soon as practicable upon our receipt of a notice or order from a governmental authority. We will notify you by email of our receipt of such notice or order and our take down of the information. GITA reserves the right to terminate user account access to the platform.

  3. Replace and restore
  4. GITA will replace and restore the access to the disabled/removed material only upon our receipt of evidence (i) that the government authority has retracted its order or (ii) a final court judgement or confirmation by the governmental authority that the content posted is legally permissible.