Procedure for handling customer complaints
DATE : 03/07/2023
SUBJECT:
This procedure for handling customer complaints (the " Complaints Procedure ") has been set up by RAIZERS in order to comply with the new regulatory obligations defined by Regulation EU 2020/1503 of October 7, 2020 on European providers of participatory financing services for entrepreneurs, as well as those of Delegated Regulation EU 2022/2117 of July 13, 2022 supplementing it (the " Regulation "), certain provisions of which have been adapted into French law by Ordinance no. 2021-1735 of December 22, 2021 modernizing the framework relating to participatory financing.
Pursuant to Article 7 of Regulation (EU) 2020/1503 supplemented by the ESMA technical standards, RAIZERS must implement effective and transparent procedures for the prompt, fair and consistent handling of customer complaints. The description of these procedures must also be easily accessible to RAIZERS' customers on the platform it operates (the " Platform ").
SCOPE OF APPLICATION :
The Complaints Procedure applies to RAIZERS SAS (" RAIZERS ").
The complaints procedure enables customers within the meaning of the Regulations to lodge a complaint in connection with the services offered by RAIZERS. The notion of " customer " within the meaning of the Regulations corresponds to any potential or actual investor or project owner to whom the Platform provides or intends to provide participative financing services.
I. HOW RAIZERS HANDLES CLAIMS
Complaints from RAIZERS customers must be written in English or French. They can be sent by e-mail or, at the customer's request, on paper by post.
All customer complaints and any action taken in response to them must be specifically recorded in a register. These records are kept for a minimum period of 5 years.
A. Definition of a claim
A complaint is the action by which a RAIZERS customer notifies RAIZERS of his or her dissatisfaction with the provision of a service. A request for information, advice, clarification, service or performance is not a complaint.
B. How to file a claim
Filing and processing claims is free of charge for customers.
However, if the customer wishes to have recourse to external legal counsel for the management of his claim, he shall assume the full cost thereof. RAIZERS will not bear any costs associated with the use of external legal counsel.
To file a claim, the customer must complete a specific form attached in Appendix 1 to this procedure. This form is available in the "Contact us" section at the bottom of all RAIZERS website pages. When accessing this section, customers can select the reason for their contact request: "complaint". Once this choice has been made, a form opens automatically. Once the form has been duly completed and signed by the customer, he/she should send it to the following e-mail address: [email protected]
Only claims submitted in this way and containing all the information indicated on the form will be examined by RAIZERS.
C. Information required to file a claim
The subject of the claim must be precisely identified. The customer must provide as much relevant information and evidence as possible so that RAIZERS can validly examine and resolve the complaint.
As part of the claim form, the customer must provide the following information:
a. Customer information
If the customer is an individual:
- name ;
- first name ;
- date of birth ;
- address;
- telephone number and e-mail address.
If the customer is a legal entity:
- company name ;
- RCS number ;
- address of registered office ;
- telephone number and e-mail address ;
- elected domicile (if applicable) ;
- information on the legal representative :
- If the legal representative is a natural person: first name and surname ;
- If the representative is a legal entity: company name and registered office address ;
- Telephone number and e-mail address of legal representative.
b. Claim information
- full reference of the investment and/or agreement to which the claim relates;
- summary of claim ;
- date of events giving rise to the claim ;
- damage, loss or injury (if any) ;
- other comments or relevant information (if applicable) ;
- all available evidence in support of the claim and copies of all relevant documents in the customer's possession (e.g. power of attorney of the legal representative, copies of contractual documents, copies of e-mails, etc.).
The customer must provide an accurate e-mail or postal address in order to receive a reply to the complaint. In the event that the complaint is unclear or incomplete, RAIZERS will promptly request the additional information or evidence necessary to properly process the complaint. If the customer does not provide this additional information, RAIZERS declines all responsibility.
D. Acknowledgement of receipt of a claim
RAIZERS will send an e-mail to the claimant with the claim form duly completed and signed by the claimant. RAIZERS will acknowledge receipt of the claim within ten (10) business days of receipt of the claim.
RAIZERS will inform the customer, within thirty (30) working days of this sending, whether the claim is admissible or not.
a. If the claim is inadmissible
RAIZERS may consider a complaint inadmissible in certain circumstances (the customer's contact details are inaccurate or incomplete, the reason for the complaint has no real connection with RAIZERS' business, etc.).
RAIZERS will provide a clear explanation of the reasons for this decision.
b. If the claim is admissible
When an application is accepted, RAIZERS checks that it is sufficiently clear and complete, and contains all the information and supporting documents required for its examination.
It is RAIZERS' responsibility to gather the information and evidence necessary to investigate the request and, if necessary, to ask the customer for any additional information, evidence or clarification useful for investigating the request.
RAIZERS will communicate the deadline by which the final decision on the claim will be notified.
E. Claims handling
Upon receipt of a claim by an investor, RAIZERS will use its best efforts to resolve the claim without undue delay. RAIZERS will assess whether the claim is clear, complete and includes all relevant evidence and information.
RAIZERS reserves the right to ask the customer and/or third parties for proof and/or additional information necessary for the proper handling of the complaint.
In its communications with the customer, RAIZERS will communicate in clear, simple and understandable language, in the language in which the customer has lodged its complaint.
RAIZERS will inform the customer of the status of the processing of his complaint and will respond to any requests for information.
Communications will be made electronically or, at the customer's request, by post.
F. Processing times
RAIZERS will do its utmost to resolve and reply to the customer within the time period indicated in the acknowledgement of receipt sent automatically once the complaint has been lodged.
In exceptional cases, RAIZERS will inform the customer of the reasons for any delay and indicate a new deadline for response.
G. Final answer
RAIZERS will send a final reply after examining the customer's complaint, at the latest within two (2) months of receipt of the complaint.
This response will include the following elements:
- what RAIZERS has found and understood about the claim, addressing all the points raised in the claim;
- what it plans to do following this decision;
- the reasons for this decision, which will be consistent with any previous decisions made by RAIZERS with respect to similar claims, unless RAIZERS is able to justify why a different approach is taken.
The final response from RAIZERS will be either :
- accept the claim and, where appropriate, propose an offer of redress or corrective action;
- Or reject the claim and give reasons for doing so.
In the event of a total or partial refusal, RAIZERS will indicate the possibility of lodging a complaint with a competent authority if the customer is not satisfied with the response. In particular, RAIZERS will invite the customer to use the services of a mediator.
II. PROTECTION OF PERSONAL DATA
The processing of complaints requires RAIZERS to be provided with personal information that can be used to identify customers. In order to process customer complaints efficiently, RAIZERS collects personal data provided by customers. RAIZERS must respect and protect the privacy of its customers by ensuring the protection of this data.
Only the information strictly necessary for RAIZERS to process the claim should be requested from the customer.
The data communicated is used to process claims efficiently. It may also be communicated to third parties only if required to process the claim or if required by law.
RAIZERS retains complaints and decisions made during the processing procedure for a minimum of 5 years.
Customers may exercise their rights concerning personal data processed by RAIZERS under the conditions of the privacy policy relating to personal data available on the Platform's website at the following address: https: //raizers.com/conditions-generales-utilisation.
Appendix 1 Claim form