Bopperty Digital Services Act Notice.

This Notice describes how Bopperty Ltd ("Bopperty", "we", "us", "our") complies with Regulation (EU) 2022/2065 of the European Parliament and of the Council on a Single Market for Digital Services (the "Digital Services Act" or "DSA").

Bopperty Ltd is registered in Ireland. CRO number: 822120. Registered office: 77 Camden Street Lower, Dublin 2, D02 XE80.

This Notice should be read with the Terms of Use, Privacy Policy, and Cookie Notice. Where there is any inconsistency in respect of DSA-specific procedural matters, this Notice governs. The Privacy Policy and Cookie Notice govern Bopperty's processing of personal data and use of cookies or similar technologies, including where the underlying matter has a DSA dimension.

Terms of Use: https://bopperty.ie/terms Privacy Policy: https://bopperty.ie/privacy Cookie Notice: https://bopperty.ie/cookies

The Digital Services Act applies to providers of "intermediary services" established in the European Union or directed at recipients in the European Union (Article 2, DSA). Intermediary services fall into three categories under Article 3: "mere conduit" services, "caching" services, and "hosting" services. The DSA imposes additional obligations on hosting services that are also "online platforms", and further obligations on very large online platforms and very large online search engines.

Bopperty has assessed its classification under the DSA as follows.

Bopperty carries on hosting activities within the meaning of Article 3(g)(iii) of the DSA. Article 3(g)(iii) defines hosting as "the storage of information provided by, and at the request of, a recipient of the service". Bopperty's service is an information service — the generation and publication of area reports, statistics, and guides from public and licensed data — and, in the course of operating it, Bopperty stores information provided by, and at the request of, recipients of the service in seven categories:

• correction requests and sold-prices position suggestions submitted through the correction routes;
• /local-experts submissions;
• /for-agents submissions;
• contact form submissions;
• consumer account records and Head Start watches;
• affordability updates sign-ups;
• property listings and related content submitted by PSRA-licensed agents through the agent portal.

Each of these submissions is stored at the user's request as a necessary part of providing the service the user has asked Bopperty to deliver. On that basis, Bopperty treats those storage activities as hosting activities within the meaning of Article 3(g)(iii) DSA, and applies the corresponding DSA obligations to them.

Bopperty is not an "online platform" within the meaning of Article 3(i) of the DSA. An online platform is a hosting service that, at the request of a recipient, stores and disseminates information to the public. Bopperty stores user submissions for operational purposes but does not disseminate user-submitted information to the public. Agent-submitted listings are stored and processed within the portal and are not disseminated to the public. If Bopperty begins publicly disseminating agent-provided listings, Bopperty's classification will change to online platform and this Notice will be updated in line with Section 12 at that time.

Bopperty is not an online platform allowing consumers to conclude distance contracts with traders within the meaning of the DSA's online-marketplace provisions. Bopperty does not provide a platform for consumer-trader contracting.

Bopperty is not a "very large online platform" or "very large online search engine" within the meaning of Article 33 of the DSA. Bopperty does not approach the 45 million monthly active recipients threshold in the European Union and has not been designated by the European Commission as a very large online platform or very large online search engine.

Bopperty reviews this classification periodically and when material service features change. If Bopperty's classification changes, this Notice will be updated in line with Section 12.

The DSA obligations that apply to Bopperty's hosting activities are described in Sections 4 to 8 of this Notice.

3.1 Single Point of Contact for Authorities and Recipients (Articles 11 and 12)

Bopperty's single point of contact for communications from Member State authorities, the European Commission, and the European Board for Digital Services (Article 11), and for recipients of the service (Article 12), is legal@bopperty.ie. Recipients of the service may also use the contact form at /contact. Communications may be in English or Irish.

3.2 Legal Representative

Bopperty is established in Ireland. As a provider of intermediary services established in the European Union, Bopperty is not required to designate a legal representative under Article 13 of the DSA.

Bopperty's Terms of Use describe the restrictions Bopperty may impose on the use of the service in connection with information provided by users, including:

• the categories of conduct prohibited under the Terms (Section 21 of the Terms of Use);
• Bopperty's content moderation policies and procedures (described in Section 5 of this Notice);
• the rules applicable to /corrections, /local-experts, /for-agents, consumer accounts, the agent portal, and other user-submitted content;
• the free usage allowances Bopperty applies and the technical controls used to enforce them.

The Terms are written in clear, plain, intelligible, user-friendly and unambiguous language and are publicly available at https://bopperty.ie/terms.

Bopperty's content moderation at launch operates as follows. Agent-submitted property listings receive human review before publication; no automated tool makes or recommends restriction decisions. Automated security controls (bot detection and rate limiting) operate as security measures, not as content-moderation decisions. The restrictions available to Bopperty, and the grounds for them, are those set out in the Terms of Use and, for publishing agents, the Bopperty Agent Listing Terms.

Bopperty acts in a diligent, objective, and proportionate manner in applying and enforcing its Terms. In applying and enforcing these restrictions, Bopperty acts with due regard to the rights and legitimate interests of all parties, including the fundamental rights of recipients under the Charter of Fundamental Rights.

Bopperty operates a notice-and-action mechanism allowing any person to notify Bopperty of information that the person considers to be illegal content present on the service. Where Bopperty publishes property listings, this notice-and-action mechanism applies equally to listing content.

5.1 How to Submit a Notice

Notices under Article 16 of the DSA may be submitted by either of the following routes:

• by email to legal@bopperty.ie, with "DSA Article 16 notice" or similar in the subject line; or
• through the /corrections form at https://bopperty.ie/corrections, selecting the option to submit an illegal-content notice.

The notice should include the following information to allow Bopperty to assess it:

• a sufficiently substantiated explanation of the reasons why the person submitting the notice considers the information to be illegal content;
• a clear indication of the exact electronic location of the information, such as the URL or URLs concerned, or other information enabling the identification of the content;
• the name and email address of the person submitting the notice, except where the notice concerns information considered to involve an offence referred to in Articles 3 to 7 of Directive 2011/93/EU, in which case the person may submit the notice anonymously;
• a statement confirming the good-faith belief of the person submitting the notice that the information and allegations contained in it are accurate and complete.

Bopperty may review anonymous or incomplete notices where sufficient information is provided to identify and assess the content, but such notices may not trigger all Article 16 procedural rights unless the required information is provided.

Notices that include sufficient information to enable a diligent provider to identify, without a detailed legal examination, the illegal nature of the activity or information concerned are presumed to give rise to actual knowledge or awareness within the meaning of Article 6 of the DSA.

5.2 How Bopperty Handles Notices

Bopperty acknowledges receipt of each notice without undue delay where contact details have been provided.

Bopperty processes notices in a timely, diligent, non-arbitrary, and objective manner. The time required to process a notice depends on the complexity of the matter, the volume of notices received, and any need to obtain further information.

Bopperty notifies the person submitting the notice of its decision in respect of the notice, together with clear information on the redress possibilities available. The statement of reasons under Article 17 is provided to the affected provider of the content, as described in Section 6 of this Notice. Neither communication discloses the other party's information beyond what Article 17 strictly requires.

To the extent Article 17 applies to a decision, where Bopperty imposes one of the following restrictions on the basis that information provided by a user is illegal content or is incompatible with the Terms of Use, Bopperty provides the affected user with a clear and specific statement of reasons:

• removal of, disabling of access to, or restriction of visibility of items of information;
• suspension, termination, or other restriction of the user's ability to provide information;
• suspension or termination of the user's access to the service.

The statement of reasons contains at least:

• the facts and circumstances relied on in taking the decision, including whether the decision was taken following a notice submitted under Article 16 or based on Bopperty's own initiative, and where strictly necessary, the identity of the notifier;
• where applicable, information about the use of automated means in taking the decision;
• where the decision relates to allegedly illegal content, a reference to the legal ground relied on and explanations as to why the information is considered to be illegal on that ground;
• where the decision relates to alleged incompatibility with the Terms, a reference to the contractual ground relied on and explanations as to why the information is considered to be incompatible on that ground;
• the territorial scope and duration of the restriction, where applicable;
• clear and user-friendly information on the redress possibilities available to the user, including the route described in Section 9 and any judicial redress available under applicable law.

Statements of reasons are made available to the recipient affected by the decision.

Bopperty does not provide a statement of reasons where Article 17 permits it not to do so, including in relation to deceptive high-volume commercial content, or where the recipient affected is not identifiable to Bopperty and the recipient cannot reasonably be contacted.

Where Bopperty becomes aware of information giving rise to a suspicion that a criminal offence involving a threat to the life or safety of a person has taken place, is taking place, or is likely to take place, Bopperty will promptly inform the competent law enforcement or judicial authorities of the Member State or Member States concerned in accordance with Article 18 of the DSA, and provide all relevant information available to it.

Where Bopperty cannot identify the relevant Member State with reasonable certainty, Bopperty will inform the law enforcement authorities of Ireland (the Member State in which Bopperty is established) or Europol, or both, as appropriate.

Bopperty acts on orders received from competent national judicial or administrative authorities, on the basis of the applicable Union or national law in conformity with Union law, to act against one or more specific items of illegal content (Article 9) or to provide specific information about one or more specific individual recipients of the service (Article 10).

Bopperty may verify that an order contains the information required by Articles 9 or 10 before acting on it, including the legal basis, statement of reasons, specific URLs or identifiers where applicable, redress information, and territorial scope.

Bopperty acknowledges receipt of such orders without undue delay and informs the issuing authority of the effect given to the order, including the time needed to give effect to the order and any actions taken.

Where required by the order, and unless the order specifies otherwise on the basis of applicable law, Bopperty informs the affected user of the order received and the effect given to it without undue delay and at the latest at the time of giving effect to the order, or at the time prescribed by the issuing authority.

If you disagree with a decision Bopperty has taken about content you submitted or a notice you made, you can raise it through the contact form at /contact. Bopperty reviews such queries in good faith. The Terms of Use describe Bopperty's right to restrict persons who repeatedly submit manifestly illegal content or manifestly unfounded notices.

Where required by Article 15 of the DSA, Bopperty publishes a clear, easily comprehensible, machine-readable report on any content moderation activity engaged in during the relevant reporting period. The content of any such report follows the requirements in Article 15(1).

Article 15(2) of the DSA provides an exemption from Article 15 for providers of intermediary services that qualify as micro or small enterprises within the meaning of Commission Recommendation 2003/361/EC and that do not also qualify as very large online platforms. Bopperty's eligibility for this exemption is assessed by reference to Commission Recommendation 2003/361/EC; Bopperty keeps its eligibility under review.

The Digital Services Coordinator for Ireland is Coimisiún na Meán. Current contact details are available on its website at https://www.cnam.ie.

Bopperty cooperates with Coimisiún na Meán and other competent authorities of Member States in line with its obligations under the DSA and applicable Irish law.

Bopperty may update this Notice if its DSA-related processes, contact points, or classification change.

The updated version will be published on bopperty.ie with a new effective date. Where changes are material, Bopperty may take additional steps to notify users (such as posting a notice on bopperty.ie or sending an email to email-subscribed users).