PROCEDURE FOR FILING AND RESOLVING COMPLAINTS AND GRIEVANCES
The purpose of this procedure is to regulate the activity and functioning of the complaints and claims service of PFP CAPITAL CELL, S.L. (hereinafter referred to as "Capital Cell").
- Scope of Application
All complaints and claims directly related to the functioning of Capital Cell's Platform will be subject to this procedure.
- Scope of Action
It is the responsibility of the Administrative Department of Capital Cell to investigate and process the complaint or claim filed by the Users, which will be resolved by the Managing Director of the company.
- Conflict of Interest
In those complaints or claims in which the Managing Director of the company has a personal interest or may have a conflict of interest, they will abstain from participating in the processing or resolution of said 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 have a personal interest or may have a conflict of interest, they will abstain from participating in the processing or proposed resolution of the complaint or claim.
- Subjective Scope
All Users who have effectively registered on the Capital Cell Website may file a complaint and/or claim.
- Deadline for Submission
The deadlines for filing a complaint or claim will be two (2) months from the date the aggrieved User became aware of the facts leading to the complaint or claim.
- How to File a Complaint or Claim
The complaint or claim will be filed preferentially via computer, as long as this allows for the reading, printing and preservation of the documents that support the complaint or claim, by sending it to the e-mail address: firstname.lastname@example.org. Otherwise, this may be done in person or by proxy on paper at the offices of Capital Cell.
The procedure will be regarded as having been initiated upon presentation of a document stating:
- The name, surname, ID number and address of the User concerned and, as the case may be, of the person representing them.
- The reason for the complaint or claim, with clear specifications of the issues on which Capital Cell is requested to rule.
- That the claimant is unaware that the matter that is the subject of the complaint or claim is being substantiated via any other arbitration, administrative or judicial proceeding.
- The place, date and signature.
- The User concerned will be able to add all the documentation in their possession that supports their complaint or claim to their letter.
- Admittance to Procedure
Once the complaint or claim has been received by the Administration Department of Capital Cell, a written receipt will be sent to the concerned party, stating the date of filing, and the corresponding case file will be opened.
Once an initial analysis of the complaint or claim has been made, if the identity of the claimant 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 archived without further processing if the required information has not been submitted.
Admittance to procedure of complaints or claims may be rejected in the following cases:
- When essential information for admittance to procedure are omitted and are not corrected within the set deadline provided in the preceding paragraph, including cases in which the reason for the complaint or claim is not specified.
- When the facts and claim that define the issues that are the subject of the complaint or claim are not related to specific campaigns or operations, or do not fall within the scope of this procedure.
- When the term granted for the presentation of the aforementioned complaint or claim has elapsed .
- When complaints or claims are repeated by the same User in relation to the same facts already previously resolved.
- When an intent is made to process as a complaint or claim matters that correspond to other jurisdictions or that have been resolved in other instances.
In the event that the admittance of the complaint or claim is rejected, this decision will be noted on the complaint or claim form, duly justified, and the conclusion of the filed complaint or claim communicated to the claimant User, 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 their 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 archived accordingly.
- Investigation and Resolution of the Case File
Once all the necessary information has been compiled for the study of the complaint or claim presented by the User and in the event that it is not an problem with an easy solution 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, and coordinating the necessary actions for this purpose.
The report and the proposed measures, where necessary, for the resolution of the complaint or claim will be sent to the Director of Capital Cell, who will study said report and settle it to provide an adequate response to the complaint or claim presented.
The concerned 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 period to carry them out.
- 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 concerned User of their completion. If the concerned User is satisfied with the measures taken, the complaint or claim will be closed (noting the date of resolution and attaching the documentation generated, if applicable) and archived as appropriate. Otherwise, the concerned User will have to analyze the reasons for their disagreement and if they are legitimate, design new actions for the resolution of the problem according to the procedure described.
The claimant User may withdraw their complaint or claim at any time, resulting in the immediate termination of the procedure and its archiving.
- Completion and Notification
The case 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 substantiated and will respond to the issues raised in the complaint or claim filed.
The resolution will be communicated to the concerned Users within ten (10) calendar days from its date, in writing or electronically, depending on the means used to file the complaint or claim or according to what the user has specified for communication with Capital Cell in said case file.