The BMW M Drivers Community is an intermediary service within the meaning of Art. 3 lit. g) of Regulation (EU) 2022/2065 on a single market for digital services (Digital Services Act or Digital Services Act or “DSA”) and an online platform within the meaning of Art. 3 lit. i) DSA. Insofar as the BMW M GmbH Gesellschaft für individuelle Automobiles (Daimlerstr. 19, 85748 Garching-Hochbrück, hereinafter also “BMW M” or “we”, “us”, “our”) offers intermediary services on this website within the meaning of Art. 3 lit. g) DSA for users with a place of establishment or headquarters in the European Economic Area, the following information applies to them:

Our central point of contact for the authorities of the Member States, the Commission and the Board referred to in Article 61 DSA (Art. 11 (1) DSA) as well as for users of our services (Art. 12 (1) DSA) is

Email: bmwmdriverscommunity@bmw-m.com

You can also reach us by phone at +49 89 1250 160 16.

Communication can be carried out in German as well as in English.

Pursuant to Art. 15 para. 1 DSA, we are required to publish transparency reports once a year on content moderation carried out by us. Such a report will be published on our website in due course.

Pursuant to Art. 16 of the DSA, individuals and entities have the opportunity to notify us on information published in the BMW M Drivers Community that they consider to be illegal content by e-mail to bmwmdriverscommunity@bmw-m.com or by telephone on +49 89 1250 160 16. Such a message should include:

(i)  a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content;

(ii)  a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of service of the BMW M Drivers Community;

(iii)  the name and email address of the individual or entity submitting the notice, unless it is information that is presumed to concern an offence referred to in Articles 3 to 7 of Directive 2011/93/EU (e.g. sexual abuse or sexual exploitation of children, child pornography, contacting children for sexual purposes, or incitement, aiding or attempting to commit such offences). In these or other cases, in which you would like to submit a report without the possibility of identification, you can contact the BMW M telephone on +49 89 1250 160 16

(iv)  a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

Users also have the option to notify what they consider to be illegal content via the “report” button. Detailed information, e.g. on information required under paragraph (i) above, can be provided under the “Other” option. The declaration in accordance with paragraph (iv) above must also be submitted there.

We will process all such notices in a timely, diligent, non-arbitrary and objective manner, will inform the notifying individual or entity of the decision immediately and provide information on the possibilities for redress in respect of that decision. Where we use automated means for that processing or decision-making, we shall include information on such use in out information to the notifying individual or entity.

Insofar as the following information relates to our internal complaint handling system (Art. 20 DSA) and out-of-court settlement (Art. 21 DSA), it concerns only users of BMW services, which are “online platforms” within the meaning of the DSA.

User Content Restrictions

We may take the following restrictive measures with respect to the content or accounts of BMW M Drivers Community users (including reporting persons and entities) in accordance with the DSA if we believe that users have violated the law or our terms of use for the BMW M Drivers Community (hereinafter: “Terms”): (i) any restrictions on the display of certain individual information provided by the user, including removal of content, blocking access to content or downgrading content; (ii) suspending or terminating all or part of the service; (iii) suspending or closing the user's account.

We will provide all affected users with a clear and specific statement of reasons for any of restrictions mentioned above.

We may also decide not to take action on a notice submitted because of content that is potentially illegal or that violates our Terms.

Internal complaints handling system:

If the user or the notifying individual or entity does not agree with such a decision by us, an appeal against this decision can be filed free of charge via our internal complaints handling system. Complaints can be filed within 6 months of receipt of the contested decision by e-mail to our contact point (contact options see para. 1 above). If we need further information to process the complaint, complainants can be contacted by us. Complaints are dealt with in a timely, non-discriminatory, diligent and non-arbitrary manner under the supervision of appropriately qualified personnel. The complainant will be informed without undue delay once we have made the decision.

Out-of-court dispute settlement before approved out-of-court dispute resolution bodies:

In order to settle disputes in connection with decisions brought about within the framework of our internal complaint handling system, there is, among other things, the option of out-of-court dispute settlement before a so-called approved out-of-court dispute settlement body within the meaning of Art. 21 DSA. Approved out-of-court dispute settlement bodies are impartial and independent bodies expressly approved by EU Member States which, by virtue of their capacity and expertise, are able to review the disputes submitted to them. We will work with the out-of-court dispute settlement body within the framework of legal requirements. However, we are not bound by the decisions of the out-of-court dispute settlement body.

Further details of any out-of-court dispute settlement will be provided to users, if applicable, together with any appealable decisions.

The above information does not limit users' rights to bring their claims against us in court.

To protect against misuse, we will, for a reasonable period of time and after having issued a prior warning, suspend the provision of our services to users, who frequently provide manifestly unlawful content, and the processing of notices and complaints submitted through the notice and action mechanisms and internal complaints- handling systems, respectively, by individuals or entities or by complainants that frequently submit notices or complaints that are manifestly unfounded.

When deciding on suspension, we will assess, on a case-by-case basis and in a timely, diligent and objective manner, whether the user, the individual, the entity or the complainant engages in the misuse, taking into account all relevant facts and circumstances apparent from the information available to the provider of online platforms. Those circumstances shall include at least the following: (i) the absolute numbers of items of manifestly illegal content or manifestly unfounded notices or complaints, submitted within a given time frame; (ii) the relative proportion thereof in relation to the total number of items of information provided or notices submitted within a given time frame; (iii) the gravity of the misuses, including the nature of illegal content, and of its consequences; (iv) where it is possible to identify it, the intention of the recipient of the service, the individual, the entity or the complainant.