1. In short
1.1 Anyone can tell us about content on Tokyofishmarket that they believe is illegal or breaks our rules. You can use the report button on the content, or write to legal@tokyofishmarket.com. You do not need an account to write to us.
1.2 When we act against your content or your account, we tell you what we did and why. You can appeal free of charge for at least six months. A person who was not involved in the original decision reviews your appeal. If you reported something and we did not act, you can appeal that too.
1.3 This document is part of the Terms of Service and carries out section 14 of those terms. Where the two differ, the Terms of Service govern. This section is a summary; the clauses that follow govern.
2. Who can report, and where
2.1 Anyone may report content, whether or not they hold a Tokyofishmarket account. This includes individuals, businesses, rights holders, organisations and public authorities.
2.2 If you are signed in, you can report directly from the platform. Report buttons are available on:
- marketplace listings;
- posts and comments in Circles;
- articles and guides, and the comments on them;
- reviews;
- user profiles and seller booths.
2.3 Each report button asks you to pick a reason and lets you add details. The report buttons are available only to signed-in users. If you do not have an account, or if the content cannot be reported with a button (for example a private message), write to legal@tokyofishmarket.com.
2.4 Copyright complaints follow their own procedure, with the statutory elements it requires. Use DMCA & Copyright for those. You may still use this document to appeal a copyright decision, as section 9 explains.
2.5 If someone is in immediate danger, contact your local emergency services first, then tell us. Section 7 explains what we do.
3. What a report should contain
3.1 A report sent by email should contain enough for us to identify the content and decide without further questions:
- the exact location of the content, such as the link to the listing, post, comment, review, article or profile;
- an explanation of why you believe it is illegal, including the law you rely on if you know it, or which of our rules it breaks;
- your name and an email address we can reply to;
- a statement that you believe, in good faith, that the information in your report is accurate and complete.
3.2 You do not have to give your name or email address if your report concerns child sexual abuse material or the sexual exploitation of a child. In that case we cannot send you a confirmation or tell you our decision.
3.3 A report sent with a report button already records the content, the reason you selected and your account. Add details if the reason alone does not explain the problem.
3.4 We may treat a report that does not let us identify the content, or does not explain the problem, as incomplete. When we can, we ask you for what is missing.
3.5 We do not tell the person you reported who you are, unless the law requires it. A seller may be told that a listing was reported and why, but never by whom.
4. What happens after you report
4.1 Confirmation. When you use a report button, the screen confirms that your report was sent. When you write to legal@tokyofishmarket.com, we acknowledge receipt within the time set out in section 13.
4.2 Priority. We handle reports in order of the risk of harm. Reports about the safety of a child are treated first, then reports about threats of violence, self-harm and impersonation, then the rest. Reports from trusted flaggers designated under the EU Digital Services Act are handled with priority, as section 12 explains.
4.3 Who decides. A report about a post or a comment in a Circle goes first to that Circle's moderators. Our team can also decide it, and does so for any report that concerns illegal content or a breach of our platform-wide rules. Every other report, and every report sent to legal@tokyofishmarket.com, is decided by our team. Reports are decided by a person, not by an automated system.
4.4 Decision. We decide in a timely, diligent, non-arbitrary and objective way. We may remove the content, restrict who can see it, restrict the account that published it, or take no action. Our action is proportionate, as section 14.1 of the Terms of Service sets out.
4.5 Telling you the outcome. If you gave us a way to reach you, we tell you what we decided about your report and how to appeal it.
5. Automated tools, and what a person reviews
5.1 We use automated tools to detect some content that may be illegal or break our rules before anyone reports it. This section describes them.
5.2 Images and videos you upload. Every image or video uploaded to the platform is checked when you upload it. Images are checked by a model from OpenAI, then by Hive; still images are also checked by Sightengine. Videos and animated images are checked by Hive. These services look for, among other things, sexual content involving minors, sexual content and nudity, graphic violence, self-harm, weapons, drugs and hate symbols. Executable files are refused.
5.3 If an upload is not cleared by these checks, including when the checks cannot be completed, it is refused at the moment you make it: it is not published and the file is not kept. This is the automated decision described in section 14.4 of the Terms of Service. You see a message telling you the upload was refused, with the ground and how to contest it, and you can try another file. We keep a record of the check, not the file.
5.4 Words and links. Posts and comments are checked against lists of banned words and banned web addresses, set by us for the whole platform and by moderators for their own Circle. A post or comment that contains a banned word or address is not published, and you are told that it contains a banned word or a banned address, so you can edit it.
5.5 Repeated seller faults. When a person on our team decides that a problem with an order was the seller's fault, that decision is recorded. When such decisions repeat, the seller's account is suspended automatically. Each decision was taken by a person; the suspension that follows is automatic. The seller is told, and can appeal under section 9.
5.6 Apart from the cases in 5.3 and 5.5, an automated detection does not by itself lead to a decision against you. Reports made by users are always decided by a person. Every notice we send you under section 8 states whether automated means were used.
5.7 Automated tools make mistakes. If you believe one made a mistake about you, appeal under section 9.
6. Circle moderators
6.1 Circles are run by volunteer moderators. Under the Community Guidelines, moderators may remove posts and comments in their Circle, mute members, suspend or remove members from their Circle, set the Circle's rules and manage its word and link filters. They cannot remove content outside their Circle, and they cannot suspend or close an account.
6.2 Moderators are bound by our rules. Their actions are recorded in the Circle's audit log.
6.3 You may ask us to review a moderator's decision, as section 14.5 of the Terms of Service provides. Open a support ticket in the "decision appeal" category, naming the moderator's decision, or write to legal@tokyofishmarket.com. We review the decision against the law, our rules and the Circle's published rules. If the moderator was wrong, we reverse the decision.
7. Child sexual abuse material and threats to life
7.1 Child sexual abuse material is never allowed on the platform, in any form, including drawn, animated or AI-generated depictions. When our tools detect possible child sexual abuse material at upload, the upload is refused, an incident is opened, and our team is alerted immediately for review by a person.
7.2 Where we have reason to believe that child sexual abuse material has been shared on the platform, we report it to the competent authorities: in Canada, to Cybertip.ca and, where the law requires, to the police; in the United States, to the National Center for Missing & Exploited Children (NCMEC); and elsewhere, to the authority the law designates.
7.3 Where we become aware of information that gives 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, we promptly inform the police or the competent authority of the country concerned and give them the information we have.
7.4 We preserve the information the law requires us to preserve when we make such a report, for as long as the law requires.
8. What we tell you when we act
8.1 When we or a Circle moderator remove or restrict your content, restrict its visibility, suspend or end your ability to sell or be paid, or suspend or close your account, we tell you, by email or on the platform, at the latest when the decision takes effect. Our notice states:
- what we did, to which content or account, and for how long if the measure is temporary;
- the facts and circumstances we relied on, including, where relevant, that we acted on a report and, where needed, the type of report, without naming the person who made it;
- whether automated means were used to detect the content or to take the decision;
- the ground for the decision: the law we relied on if we consider the content illegal, or the rule in our terms, policies or the Circle's rules if we consider it a breach of those, cited to its clause;
- a reference number for the decision, so you can quote it in an appeal;
- how to appeal under section 9, the deadline to do so, and the other remedies in sections 10 and 11.
8.2 We do not send this notice where the law forbids us to, for example when an authority has asked us not to so that an investigation is not compromised, or where the content is deceptive high-volume commercial content. This matches section 14.2 of the Terms of Service.
8.3 The notice is written in clear language, in the language of your account where we can.
9. Appealing a decision
9.1 Who can appeal. You can appeal if:
- we or a Circle moderator took a decision described in 8.1 about your content or your account;
- you reported content, to us or with a report button, and we decided not to act, or acted in a way you believe is not enough.
9.2 Deadline. You can appeal free of charge for at least six months after we tell you about the decision.
9.3 How. Reply to the notice we sent you, or write to legal@tokyofishmarket.com with the reference number from the notice. Tell us which decision you are appealing, and why you believe it was wrong, and add anything that supports your appeal. You may also use:
- the "decision appeal" category of the support ticket form, for an account suspension, a content or listing removal, a Circle moderator's decision, an upload refusal or a seller sanction;
- if you are a seller, the appeal form next to the violation on your seller reputation page, where it is available;
- if your request to create a Circle was refused on review, the appeal form offered with that refusal, which opens a support ticket in the Circle moderation appeal category.
9.4 Who reviews. A person who was not involved in the original decision reviews your appeal. Your appeal is not decided by automated means alone. The reviewer can see the original decision and the reasons given for it.
9.5 Outcome. We tell you our decision on your appeal and the reasons for it. If we were wrong, we reverse the decision without undue delay and restore what we removed or restricted. For a seller, this includes lifting listing restrictions, releasing payouts held because of the sanction and reactivating the seller account, where no other unresolved violation remains. If we uphold the decision, we tell you about the remedies in sections 10 and 11.
9.6 An appeal does not suspend the decision while it is reviewed, unless we say otherwise.
10. Out-of-court dispute settlement in the European Union
10.1 If you are in the European Union and you disagree with a decision described in 8.1, or with our decision on a report you made, you may refer the dispute to an out-of-court dispute settlement body certified under article 21 of the Digital Services Act. You may do so whether or not you have appealed to us first.
10.2 The European Commission publishes the list of certified bodies on its website. You may choose any body on that list that is competent for the dispute.
10.3 We engage in good faith with the body you choose. The body's decision does not bind either of us. If the body decides in your favour, we bear its fees and reimburse your reasonable expenses for the settlement. If it decides in our favour, you do not have to reimburse our fees or expenses, unless the body finds that you acted manifestly in bad faith.
10.4 Using such a body does not affect your right to go to court.
11. Your other rights
11.1 Nothing in this document limits your right to go to court, or to complain to a regulator. If you are in the European Union, you may lodge a complaint with the Digital Services Coordinator of the Member State where you live or are established.
11.2 Section 18 of the Terms of Service sets out the courts that may hear a dispute with us and the consumer protections that continue to apply to you.
12. Trusted flaggers
12.1 Reports from trusted flaggers designated under article 22 of the Digital Services Act, when made within their designated area of expertise, are given priority and decided without undue delay.
12.2 A trusted flagger should write to legal@tokyofishmarket.com and state its designation in the report.
13. Response times
13.1 We act on reports and appeals as quickly as their seriousness requires. Our targets are:
- acknowledgement of a report: within 24 hours (a report button confirms on screen at once);
- decision on a report of child sexual abuse material or a threat to life: within 24 hours;
- decision on a report from a trusted flagger: within 48 hours;
- decision on any other report: within 7 days;
- answer to an appeal: within 14 days.
13.2 Reports about the safety of a child or a threat to life are handled first, whatever else is in the queue.
14. Misuse of reporting and appeals
14.1 If you frequently submit reports or appeals that are manifestly unfounded, we may, after warning you, stop handling reports and appeals from you for a reasonable period.
14.2 Before we do so, we look at the number of manifestly unfounded reports or appeals you sent in a given period and how that compares with the total you sent, how serious the misuse is and what effect it had, and what you intended, where we can tell.
14.3 We tell you when we suspend the handling of your reports, for how long, and why. You can appeal that decision under section 9.
14.4 Knowingly filing a false report also breaks the Acceptable Use policy and the Community Guidelines. Separately, if you frequently publish manifestly illegal content, we may suspend your account after warning you, as section 14.1 of the Terms of Service allows.
14.5 Report buttons have a limit on how many reports one account can send in a short period, to prevent flooding.
15. Keeping records
15.1 We keep records of reports, our decisions and appeals for as long as we need them to handle appeals and disputes, and to meet our legal obligations, and at least for the appeal window in section 9.2.
16. Changes to this document
16.1 Every version of this document is kept and dated, and the history is linked from the foot of this page. Changes follow section 19 of the Terms of Service.
17. Contact
17.1 Reports of illegal content, appeals, and requests from authorities and trusted flaggers: legal@tokyofishmarket.com. We answer in English and in French.
17.2 Everything else: support@tokyofishmarket.com.
17.3 Manda SENC, 418, avenue des Pins Ouest, bureau 40, Montréal (Québec) H2W 1S2, Canada.