1. Purpose and applicability
This Procedure (hereinafter referred to as the “Procedure”) establishes how the heads of the European Digital Exchange S.A.’s departments (“we“) treat the complaints of users (“you”) of the Ronin platform (“the Platform“), respectively the retrieval, registration, analysis and establishment of measures regarding our crowdfunding services (“Services“). The Procedure has been drafted in accordance with the provisions of Article 7 para. 1 of the Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937.
The procedure applies to complaints / complaints concerning:
a) the documents setting the Services’ performance;
b) the use of the Platform;
c) Campaigns carried out on the Platform.
This Procedure will not apply to any other complaints, requests, information, etc. displayed, submitted or otherwise published on the Platform.
2. How do you file a complaint?
Your complaint will reach us directly as follows:
Email: [email protected]
3. Conditions for the admissibility of the complaint
The claim must be submitted in writing, in Romanian or in English, and must include the following information:
3.1 The Platform to which you address the complaint;
3.2 Identification data of the person submitting the complaint:
If you are a natural person: name, surname, full address, telephone number, electronic correspondence address (email);
If you are a legal person: name of the legal entity, registered office, registration number, tax registration number, name and position of the legal representative, telephone number, electronic correspondence address (email);
If the complaint is anonymous, we will analyze and decide if it is appropriate to continue the analysis or not. If we do not have enough information or it is not conclusive or pertinent, from a first analysis, and the petitioner cannot be identified, we will close the complaint.
3.3 If you represent another person, your identification data (according to the details in points 3.1 and 3.2), the proof of representation, as well as the person you represent (indicating their identification data);
3.4 Description of the notified problem, indicating any violations, actions or omissions of the Platform / ours and the arguments and evidence in support of your position. Evidence can be any written documents and communications, audio/ video that are the basis of your argument.
3.5 What do we expect from you? Clear description of your request.
3.6 Date of complaint.
The standard form for filing a complaint is set out in Annex 1.
4. Registration of the complaint
Upon receipt of the complaint submitted as described in section 3 above, the person designated by us, who receives the complaint, will print it and will enter on the document the date and registration number according to the register of complaints. At the same time, each complaint will receive a registration number that will be communicated to you.
5. Resolution of the complaint
5.1 The platform will take any reasonable and necessary measures to investigate and resolve your complaints.
5.2 When investigating complaints, the Platform must comply with the relevant legal provisions, the fundamental principles of respect for human rights, fairness, integrity, reasonableness, objectivity, impartiality and confidentiality.
5.3 The person designated by the Platform to solve the complaints will make every effort to solve any disputes amicably and through mutual concessions, as the case may be.
5.4 The procedure for solving the complaint and any correlative correspondence is carried out/ is carried out in Romanian or English.
5.5 The procedure for solving the complaint consists of the following steps:
5.5.1. Within a maximum of 10 (ten) days from the date of receipt of the complaint, the representative of the Platform designated for solving the complaints will confirm the receipt of the complaint and whether the complaint is admissible or not.
The communication of the confirmation of receipt of the complaint will contain the following information:
- Identification data, including the email address and phone number of the person to whom you can ask any questions regarding your complaint;
- The term within which you will receive a decision to solve your complaint, according to point 5.5.4 below;
- If the complaint is not admissible, it will tell you the reasons for this answer.
- If the complaint is admissible, but clarifications, information and additional documents are required, it will indicate the information, evidence, documents that you must submit;
- The deadline for completing the complaint (where applicable), which shall not be less than 5 (five) working days and a maximum of 10 (ten) working days. If you do not complete the complaint or do not communicate the requested information and documents within the indicated time limit, the complaint is considered withdrawn.
5.5.2. The person appointed by the Platform to solve the complaint has the right to request any documents and information necessary to solve the complaint, including to request the views of the persons referred to by you in the complaint, as may be the case. We may also ask for your point of view on statements and evidence submitted by the persons referred to by you in the complaint, having the obligation to respond to us within 10 (ten) working days.
In the absence of sufficient and conclusive, clear information and evidence, directly related to the situation notified by you, the Platform has the right to reject your complaint, communicating to you an answer in this regard.
5.5.3 When the complaint is complete, clear and admissible, the person appointed by the Platform to solve the complaint shall analyze all the documents and information made available and may take the following decisions:
a) to reject the complaint;
b) to partially comply with the requests;
c) to fully comply with the requests.
In the cases provided for in points a) or b) of this paragraph, we will send the motivation to the petitioner.
5.5.4 The person appointed by the Platform to solve the complaint will communicate your decision within 30 working days from the date on which the application is considered complete.
In exceptional cases, to the extent that your complaint cannot be resolved within the above term, you will be notified of the possible delay and related circumstances, as well as the new response term.
During the process of solving the complaint, you will always be informed and you will receive prompt answers regarding any reasonable request for information.
5.5.5 Always, the decision will be communicated in writing, exclusively by e-mail to the email address provided according to the instructions in section 3. As a plaintiff, you retain the right to request communication on paper format.
5.5.6 The complaint is considered closed on the date when the answer containing the decision (according to point 5.5.3 above) is communicated to you.
5.5.7 If you are not satisfied or you are partially satisfied with the answer received or the way in which the process of solving the complaint was carried out, you can contact the Financial Supervisory Authority or the civil courts of law
6. Monitoring the implementation of the measures ordered
The monitoring of the resolutions ordered as a result of solving a complaint is carried out periodically by the person in charge designated by us, through reports aimed at improving the quality of the services offered on the Platform and constantly increasing customer satisfaction.