PROCEDURE FOR THE SUBMISSION AND RESOLUTION OF COMPLAINTS AND GRIEVANCES

I.GENERAL ASPECTS 

  1. Object 

The purpose of this procedure is to regulate the activity and operation of the complaints and claims service of PFP CAPITAL CELL, S.L. (hereinafter referred to as "Capital Cell").

  1. Scope of application 

All complaints and claims directly related to the operation of the Platform at Capital Cell shall be subject to this procedure. 

  1. Scope of action 

It is the responsibility of the Administration Department of Capital Cell to investigate and process the complaint or claim filed by the Users, which will be resolved by the General Manager of the company. 

  1. Conflict of interest 

In those complaints or claims in which the General Manager of the company has a personal interest or may have a conflict of interest, he/she shall abstain from participating in the processing or resolution of such complaint or claim, and its resolution shall correspond to the person in charge of the Management Analysis area. Likewise, when any of the members of Capital Cell has a personal interest or may have a conflict of interest, he/she shall abstain from participating in the processing or proposed resolution of the complaint or claim. 

  1. Subjective scope 

All Users who have effectively registered on the Capital Cell Web Site may file a complaint and/or claim. 

 

II.Procedures

  1. Deadline for submission 

The term for filing a complaint or claim shall be two (2) months from the date the aggrieved User becomes aware of the facts causing the complaint or claim. 

  1. How to file a complaint or claim 

The presentation of the complaint or claim will be made preferably by computer, provided that it allows the reading, printing and preservation of the documents that support the complaint or claim, by sending it to the e-mail address: info@capitalcell.net. Otherwise, this may be done in person or by means of representation on paper at the offices of Capital Cell. 

The procedure shall be deemed to have been initiated upon presentation of a document stating: 

  1. Name, surname, ID and address of the User concerned and, if applicable, of the person representing him/her.
  2. Reason for the complaint or claim, with clear specification of the issues on which it is requested to pronounce Capital Cell.
  3. That the complainant is not aware that the matter that is the subject of the complaint or claim is being sustained through any other arbitration, administrative or judicial proceeding.
  4. Place, date and signature.
  5. The interested User will be able to add to his letter all the documentation in his possession that supports his complaint or claim.

 

  1. Admission for processing 

Once the complaint or claim has been received by the Administration Department of Capital Cell , a written receipt will be sent to the interested party, stating the date of presentation, and the corresponding file will be opened. 

Once the complaint or claim has been initially analyzed, if the identity of the complainant User is not sufficiently accredited or if the facts that are the object of the complaint or claim cannot be clearly established, the User will be requested to complete the information or documentation submitted within a period not exceeding ten (10) calendar days, after which time the complaint or claim will be filed without further processing if the required information has not been submitted. 

Complaints or claims may be rejected for processing in the following cases:

  1. When essential data for processing are omitted and are not corrected within the period provided in the preceding paragraph, including cases in which the reason for the complaint or claim is not specified.
  2. When the facts and request that specify the issues that are the subject of the complaint or claim do not refer to specific campaigns or operations or do not fall within the scope of this procedure.
  3. When the term granted for the presentation of the aforementioned complaint or claim has elapsed .
  4. When complaints or claims are reiterated by the same User in relation to the same facts already resolved previously.
  5. When they intend to process as a complaint or claim matters that correspond to other jurisdictions or have been resolved in other instances.

In the event that the admission of the complaint or claim is rejected, this decision will be noted on the complaint or claim form, duly justified, and the complainant User will be informed of the conclusion of the complaint or claim filed, explaining the reasons or criteria that led to this decision (in the case of a claim, communications will be made in writing). The User will have a period of ten (10) calendar days to present his allegations and if after this period the User concerned has not replied or the causes of inadmissibility continue, the complaint or claim will be closed and filed accordingly. 

  1. Instruction and resolution of the file 

Once all the necessary information has been gathered for the study of the complaint or claim presented by the User and in the event that it is not an easily solved problem that can be resolved quickly, it will be transferred to the Department of Capital Cell directly involved so that it can prepare a report on the claim, determining, if necessary, the most appropriate actions to resolve the complaint or claim, documenting and planning them, coordinating the necessary activities for this purpose. 

The report and the proposed measures, if necessary, for the solution of the complaint or claim will be sent to the Director of Capital Cell, who will study said report and resolve to give a full response to the complaint or claim presented. 

The interested User will be informed of the resolution of the Director of Capital Cell as well as, if approved, the measures proposed to respond to the complaint or claim and the estimated term to carry them out. 

  1. Execution of defined actions 

Once the measures to be taken in response to the complaint or claim submitted have been agreed upon, they will be carried out according to the defined plan, notifying the User concerned of their completion. If the interested User is satisfied with the measures taken, the complaint or claim is closed (noting the date of resolution and attaching the documentation generated, if applicable) and filed as appropriate. Otherwise, the User concerned will have to analyze the reasons for his disagreement and if they are legitimate, design new actions for the resolution of the problem according to the procedure described. 

  1. Withdrawal 

The complaining User may withdraw his/her complaint or claim at any time, resulting in the immediate termination of the procedure and its archiving. 

  1. Completion and notification 

The file must be finalized within a maximum period of two (2) months from the date on which the complaint or claim was filed. The resolution will always be reasoned and will answer the issues raised in the complaint or claim filed. 

The resolution will be notified to the interested Users within ten (10) calendar days from its date, in writing or by computer means, depending on the means used to file the complaint or claim or that which has been notified for communication with Capital Cell in said file.