# SCHEDULE C — ENFORCEMENT AND APPEALS PROCEDURE **To the ENCY Extension Store Publishing Policy** **Version 1.0 — Effective 1 November 2026** --- ## C.1 Purpose This Schedule sets out how ENCY takes, communicates and reviews decisions to refuse, restrict, suspend or remove an Extension, or to terminate a Developer Agreement. It exists so that decisions are **consistent, evidenced and reviewable**. Every decision taken under Section 6 of the Policy must follow this procedure. --- ## C.2 Statement of reasons — mandatory content No restriction, suspension, removal or termination takes effect without a statement of reasons issued on a durable medium (email to the Developer's registered address, with a copy retained in the Developer Portal). Every statement of reasons **must** contain all of the following: | # | Element | |---|---| | 1 | The Extension and version affected, and the measure being applied (Stage 1–5 per Policy para 6.1) | | 2 | The **specific numbered provision** of the Policy, Schedule or Agreement relied on | | 3 | The **specific facts** on which the decision is based — the finding, the test performed, the marketing text quoted, or the third-party notice received | | 4 | Whether the decision was triggered by a third-party notification, an internal review, an automated check, or a legal or regulatory obligation | | 5 | Where remediation is possible, **what change would resolve the issue** | | 6 | The remedy period and the date the measure takes effect | | 7 | How to appeal under section C.4, and the deadline | | 8 | Contact point for questions | A statement that recites only the provision breached, without elements 3 and 5, is **non-compliant** and must not be issued. --- ## C.3 Prohibited grounds A decision must **not** be taken, and a statement of reasons must **not** be framed, on the ground that an Extension: (a) competes commercially with an ENCY product; or (b) reduces or may reduce ENCY's revenue. Where an Extension falls within a Reserved Functionality Domain, the operative ground is the **entitlement condition in Policy para 4.3** and the integration, validation, support and safety considerations set out in Policy para 4.1 — not commercial competition. > **Why this matters.** The Policy permits third-party Extensions within Reserved Functionality Domains, subject to entitlement gating. The enforceable question is therefore always *"was the entitlement condition met?"* — a factual, verifiable question — and never *"does this compete with us?"*. Framing a decision in commercial terms is inaccurate as to the actual basis of the decision and creates unnecessary legal exposure. Decisions must be recorded and communicated on their true basis. --- ## C.4 Appeal ### C.4.1 Right of appeal A Developer may appeal any decision within **30 days** of receiving the statement of reasons, by writing to **appeals@encycam.com** with the reference number stated in the notice. Appeals are free of charge. Filing an appeal does not of itself suspend the measure, save as provided in C.4.3. ### C.4.2 Who decides An appeal is decided by a person **not involved in the original decision**, at a level senior to the original decision-maker. Where the appeal concerns the application of Section 4 of the Policy, the reviewer must include, or take written input from, a person independent of the product line concerned. ### C.4.3 Suspension of the measure pending appeal Where the measure is removal (Stage 4) or termination (Stage 5), and the appeal is filed within 10 days of the statement of reasons, the measure is **stayed** pending the outcome, unless the decision was taken under Policy para 6.3 (immediate action). An interim suspension of distribution under Policy para 6.1A is **not** stayed by the filing of an appeal, and remains in effect pending the review provided for in that paragraph and the outcome of the appeal. That measure suspends new installations only; installations already made continue to operate. ### C.4.4 Timetable | Step | Deadline | |---|---| | Acknowledgement of appeal | 5 business days | | Request for further information from Developer, if needed | 10 business days | | Reasoned decision on appeal | **20 business days** from acknowledgement, or from receipt of requested further information | ### C.4.5 Outcome The appeal decision is issued in writing and states the reasoning. Where the appeal succeeds in whole or in part, ENCY shall, without undue delay: (a) reinstate the Extension to its former status; (b) restore the Developer's access to data as it stood immediately before the measure took effect; (c) restore ranking and placement signals so far as technically possible; (d) where the Extension was removed from sale, confirm in writing the period of unavailability, for the Developer's own records. ### C.4.6 Escalation If the Developer remains dissatisfied, it may: (a) submit a complaint under Section 7 of the Policy, if not already done; (b) propose mediation under Policy para 7.2, which ENCY will consider in good faith; (c) bring proceedings before a competent court, or bring or participate in proceedings under Article 14 of Regulation (EU) 2019/1150. Nothing in this Schedule restricts those rights or requires exhaustion of this procedure before exercising them. --- ## C.5 Repeated infringement ### C.5.1 Definition A Developer is subject to a repeated-infringement determination where, within any rolling **12-month** period, it has received **three or more** upheld Stage 3 or higher measures in respect of substantially similar breaches, each of which was either not appealed or was confirmed on appeal. ### C.5.2 Effect A repeated-infringement determination permits ENCY to proceed directly to Stage 4 or 5 in respect of a subsequent breach of the same kind, without the Stage 1 remedy period. The statement of reasons must identify the prior measures relied on. ### C.5.3 Expiry A determination lapses 12 months after the most recent qualifying measure. --- ## C.6 Third-party notifications ### C.6.1 Handling Where a third party notifies ENCY that an Extension infringes its rights, ENCY will: (a) forward the substance of the notification to the Developer within **5 business days**, redacting only what is necessary to protect personal data; (b) give the Developer **10 business days** to respond; (c) take no removal action before that period expires, unless required by law, by court order, or where the notice discloses an imminent security or safety risk. ### C.6.2 Counter-notice Where the Developer provides a substantiated counter-notice, ENCY will not act as arbiter of the underlying dispute. ENCY will maintain the status quo pending resolution between the parties, unless a court order or legal obligation requires otherwise. --- ## C.7 Record-keeping ENCY shall retain, for not less than **5 years**: (a) each statement of reasons issued; (b) the evidence on which each decision was based; (c) each appeal and its outcome; (d) the identity of the original decision-maker and of the appeal reviewer. These records support the aggregate complaint reporting referred to in section C.8. --- ## C.8 Transparency reporting ENCY will publish annually, in aggregate and anonymised form: - the total number of complaints and appeals received; - their principal categories; - the average processing time; - the aggregate outcomes. > **Note.** ENCY qualifies as a small enterprise within the meaning of Commission Recommendation 2003/361/EC and is therefore exempt from the internal complaint-handling obligation in Article 11 of Regulation (EU) 2019/1150. This reporting is undertaken voluntarily. **If ENCY ceases to qualify as a small enterprise — by exceeding 50 staff or EUR 10 million turnover — the Article 11 complaint-handling system and the Article 12 obligation to designate at least two mediators become mandatory, and Policy para 7.2 and this note must be revised accordingly.** --- ## C.9 Internal escalation matrix | Measure | Decided by | Appeal reviewed by | |---|---|---| | Refusal at review (Policy s.5) | Store Review | Review Lead | | Stage 1–2 | Store Review | Review Lead | | Stage 3 | Review Lead | Head of Platform | | Stage 4–5 | Head of Platform | Director, with independent input per C.4.2 | | Immediate action (para 6.3) | Head of Platform or Security Lead | Director — expedited, within 10 business days | --- *End of Schedule C v1.0*