1. GLOSSARY

1.1. All capitalised terms used in this Description of the Complaints Handling Procedure of the Company  (the Description) shall have the following meaning:

1.1.1. Applicable Law - means laws, rules, and regulations applicable to the Company and its activities.

1.1.2. Board of Directors - means the management body of the Company.

1.1.3. Company - means the M WAY AG, legal entity number: CHE­- 243.390.756.

1.1.4. Complaint - means expression of dissatisfaction addressed to the Company by one of the Clients, whether in written or electronic form, concerning the Services of the Company. General inquiries, support requests, or technical questions without an allegation of dissatisfaction are not considered Complaints.

1.1.5. Complaint Register - means an electronic register of Complaints in which the Company registers Complaints received from the Clients.

1.1.6. Complaint Handling Process - means actions of Employees of the Company related to receiving, registering, examining, and performing other required actions of handling the Complaint.

1.1.7. Chief Legal Officer - means a person responsible for ensuring that the Company adheres to and complies with legal requirements under the Applicable Laws; also referred to as the CLO.

1.1.8. Client - means a legal or natural person to whom the Company provides the Services, or who applied to the Company for the potential provision of Services.

1.1.9. Employee - means an employee of the Company, working under the employment contracts and/or other agreements, including the managers and members of the Company's management bodies.

1.1.10. Person Handling the Complaint - means a person, the Employee operating in the Company, who is assigned to handle the specific Complaint, including collecting information required for the assessment of the Complaint, making a decision, and submitting the response to the Client.

1.1.11. Services - means crypto-asset-related services provided by the Company.

1.1.12. Website - means a website of the Company through which the Service is offered, and available here.

 

2. INTRODUCTION

2.1. The Company is committed to ensure a smooth and efficient complaint handling process and the rules defining such a process. The purpose of this Description is to provide the Clients of the Company with a clarity on such rules and information on when and how the Complaint can be lodged, how the Complaint submitted to the Company should be investigated, and what other institutions the Client can contact when he/she is not satisfied with the Company's response.

2.2. This Procedure forms part of the Company’s organisational measures to ensure fair treatment of the Clients, proper governance, and traceable documentation.

2.3. The requirements set in the Procedure are applicable in regard to receiving, registering, dealing with, and deciding on Complaints related to the Services provided by the Company as a regulated crypto asset service provider.

2.4. If any discrepancies between this Procedure and the Applicable Law are identified, the legal acts must be followed until such discrepancies are properly eliminated.

 

3. LODGING AND ACCEPTING COMPLAINTS

3.1. Complaint shall be submitted in writing by filling a Complaint:

3.1.1. in electronic form via email support@fincryptou.com;

3.1.2. in paper form – by mail to the Company's registered office address.

3.2. Complaints are filed and handled free of charge.

3.3. Complaints may be lodged in English or in any other language in which the Website is available.

3.4. Complaints may be lodged using the  which is provided in Annex No 1 (the Template), and which is made available on the Website.  Notably, the use of the Template is not mandatory, and it cannot be a reason to automatically reject the Complaint. The Complaints may also be submitted in a free form, provided that it contains the information specified in Clause 3.5.

3.5. The Complaint must contain the following information:

3.5.1. Personal data of the Client:

(a)  Name and surname for natural persons or the name of a legal person for legal entities;

(b) Personal code for natural persons or legal entity code for legal entities;

(c) LEI for legal persons (if available);

(d) Client reference (if available)

(e) Registered address of the Client;

(f) Telephone;

(g) Email address;

3.5.2. If another person represents the Client, the following information should also be provided: name and surname or legal entity name, personal code for natural persons and legal entity code for legal entities, registered address telephone, email of the representative and the basis of representation, including the respective representation document. 

3.5.3. Information about the Complaint:

(a) Full reference of the Service or agreement to which the Complaint relates;

(b) Description of the Complaint’s subject matter (reason for the Complaint);

(c) Date(s) of the facts that have led to the Complaint;

(d) Description of damage, loss, or detriment caused (where relevant);

(e) Other comments or relevant information (where relevant).

3.5.4. Date of Complaint submission;

3.5.5. List of documents enclosed together with the Complaint (such as Power of Attorney or other relevant documents, copy of the transaction to which the Complaint relates, and documents supporting the Complaint, etc.);

3.5.6. Signature of the Client or the Client’s authorised representative.

3.6. The Client should provide all documents supporting the Complaint’s arguments, facts, and lodged claims to the Company. 

3.7. If the Complaint is lodged by the legal representative of the Client, the Complaint must be accompanied by a valid authorisation or other document certifying the right of the representative’s powers to lodge a Complaint and receive a response from the Company.

3.8. The Complaint to the Company should be submitted not later than within 3 (three) months from the day the Client became aware or ought to have become aware of the violation of their rights or lawful interests.

3.9. The Complaint is admissible when:

3.9.1. The subject matter of the Complaint considers the Company’s Services and the claims are related to the activities the Company is responsible for (i.e. relate not to unregulated activities of the Company or where the Company is not responsible for the activities related to the Client’s claims);

3.9.2. It is prepared in a language acceptable to the Company;

3.9.3. The Complaint is submitted not later than 3 (three) months from the occurrence of the circumstances or the moment the Client acknowledged circumstances that potentially led to the breach of their rights;

3.9.4. The Complaint is not anonymous, and the Client’s (and authorised representative’s if applicable) personal and contact details are duly provided, so that they are sufficient to identify and reach out to the Client, as provided in Clause 3.5.1 and 3.5.2);

3.9.5. The subject matter of the Complaint and, if applicable, a description of damage, loss, or detriment caused, as well as requirements to the Company, are clearly disclosed.

3.10. The submitted Complaint shall be assessed if it is compliant with the requirements of admissibility set out in Clause 3.9 of the Procedure. 

3.11. If the Company is in any doubt about the admissibility of the Complaint, it should treat the Complaint as admissible.

3.12. If the Complaint meets the requirements of admissibility set out in this Procedure, it shall be accepted, and a notice of the acknowledgment that the Complaint has been accepted (the Notice on Acceptance) shall be sent to the Client as soon as possible, but no later than within 5 (five) business days from the receipt of the Complaint. 

3.13. The Notice on Acceptance shall include the following information:

3.13.1. Confirmation that the Complaint meets the requirements of admissibility;

3.13.2. The information of the Person Handling the Complaint to whom  the Client can address any query related to the lodged Complaint;

3.13.3. The date of receipt of the Complaint;

3.13.4. Timeline for handling the Complaint as indicated in Clause 4.4.

3.14. If the Complaint does not comply with the requirements of admissibility set out in Clause 3.9 of the Procedure, the Client shall be notified as soon as possible but not later than within 5 (five) business days by sending a notice of acknowledgment indicating a clear explanation of the reasons for rejecting the Complaint as inadmissible.

 

4. COMPLAINT HANDLING AND DECISION MAKING

4.1. The Company shall seek to handle Complaints as promptly and comprehensively as possible. The Company shall handle Complaints following the principles of respect for human rights, justice, good faith, reasonableness, objectivity, impartiality, operation, and other principles established in the legal acts applicable to the Company.

4.2. The Person Handling the Complaint shall assess whether the Complaint is clear and complete, as well as collect and evaluate all documents and data related to the Complaint in question, which have been submitted by the Client and which the Company may legitimately collect on its own initiative. The Person Handling the Complaint shall not require from the Client information that is already in the Company’s possession, or that should be in their possession.

4.3. The Person Handling the Complaint shall keep the Client duly informed about any additional steps taken to handle the Complaint. They shall reply to reasonable information requests made by the Client without any undue delay. It should also be ensured that the Complaint is handled without conflicts of interest.

4.4. The Complaint shall be examined, and a response shall be submitted to the Client by the Person Handling the Complaint without undue delay, but in any case no later than within 15 (fifteen) business days from the day of receipt of the Complaint. If the Complaint, for objective reasons, cannot be examined within the period specified in this paragraph, the Person Handling the Complaint must notify the Client and provide the estimated deadline by which the Complaint will be examined. Where the deadline is extended, the final decision must be submitted to the Client no later than within 35 (thirty-five) business days from the receipt of the Complaint. 

4.5. After examining the Complaint one of the following decisions shall be made:

4.5.1. to dismiss the Complaint;

4.5.2. to partially satisfy the claims specified in the Complaint;

4.5.3. to fully satisfy the claims specified in the Complaint.

4.6. If, during the Complaint Handling Process, the Client, who has lodged the Complaint, waives his/her claim in writing, the Person Handling the Complaint shall terminate the Complaint examination. In such a case, a respective entry of the wave of the Complaint and termination of the Complaint examination process shall be made in the Complaint Register.

4.7. When the Client is provided with the decision specified in Clauses 4.5.1 and 4.5.2  of the Procedure, the Client shall be informed about the reasons leading to such a decision and available remedies.

4.8.  It must be ensured that decisions are consistent with any previous decision taken by the Company in respect of similar Complaints, unless there are circumstances allowing it to justify why a different conclusion is drawn.

 

5. COMMUNICATION WITH CLIENTS

5.1. When handling Complaints, the Persons Handling the Complaints must communicate with Clients in clear and plain language that is easy for Clients to understand.

5.2. Any communication to the Client under this Procedure should be made in the language in which the Client filed the Complaint, provided that the language used by the Client is one of the languages accepted by the Company.

5.3. The communication with the Client with respect to this Procedure, including the response, should always be in writing and carried out primarily through electronic means, e.g., via e-mail or, upon the Client’s request, in paper form by post to the Client’s address.

 

6. PUBLICATION OF THE PROCEDURE AND TEMPLATES

6.1. The Company shall publish an up-to-date, clear description of the Procedure on the Website, as well as the Template and ensure that both description and Template are easily accessible on the Website and on any other relevant digital device that may be used by Clients to access the Services.

6.2. The description of the Procedure is attached as Annex No 2 hereof.

 

7. REGISTERING COMPLAINTS

7.1. The Employee of the Company, who has accepted the Complaint if such Employee is other than the Person Handling the Complaint, shall not later than on the next business day refer the Complaint, including all annexes thereto, to the assigned as Person Handling the Complaint for that specific Complaint.

7.2. The Person Handling the Complaint, who has accepted the Complaint or to whom the Complaint was forwarded by another Employee who has accepted the Complaint, shall register the Complaint in the Complaint Register with a respective reference number. 

7.3. When registering the Complaint, the details listed in Clause 7.4 of the Procedure shall be entered, and an electronic version of the Complaint shall be enclosed (if the Complaint is lodged by mail or delivered to the Company's registered office, the Complaint, including all annexes thereto, shall be scanned).

7.4. The following data shall be entered into the Complaint Register:

7.4.1. lient’s full name (for natural persons) or legal entity name (for legal entities); 

7.4.2. Client’s address specified in the Complaint and other contact details; 

7.4.3. Date of the Complaint receipt and its receipt method;

7.4.4. Date when the notice on acknowledgment was sent;

7.4.5. The essence of the Complaint (brief contents);

7.4.6. The Company’s Services with respect to which the Complaint is lodged, their types;

7.4.7. Date of sending a decision (reply) to the Client;

7.4.8. Final Complaint handling outcome (decision);

7.4.9. Information about the Person Handling the Complaint (examining the Complaint and providing a decision) – name and position of the Employee of the Company;

7.4.10. Additional important information, if any.

7.5. The Company retain all the records related to Complaints in accordance with the Company’s internal policies and applicable regulatory data retention requirements. Records must be readily retrievable for review by auditors, the self-regulatory organisation, or supervisory authorities.

  

8. ANALYSIS OF DATA ON COMPLAINTS

8.1. To ensure a consistent Complaints Handling Process, as well as to identify the deficiencies and potential legal and operational risks, the Company must, on an ongoing basis, analyse the Complaints handling data.

8.2. For this purpose, the Company shall collect and analyse the following data: 

8.2.1. the information on similar complaints related to the same Service or product;

 

8.2.1.1. the average processing time, for the relevant period under consideration, for each step of the Complaints Handling Procedure, including acknowledgment, investigation, and response time;

8.2.1.2. the number of Complaints received, for the relevant period under consideration, and for each step of the Complaints handling procedure, the number of Complaints where the Company did not comply with the maximum time limits set out in the Procedure;

8.2.1.3. the categories of the topics to which Complaints relate (e.g. Services, key issues, etc.);

8.2.1.4. outcomes of investigations:

8.2.1.4.1. the number of Complaints that resulted in a final notice (resolved);

8.2.1.4.2. the number of Complaints that resulted in a final notice (rejected);

8.2.1.4.3. the number of Complaints that resulted in a summary resolution (resolved).

8.3. The CLO or other appointed Employee, based on the analysis, should:

8.3.1. identify the main cause of the occurrence of the Complaints, as well as identify the priorities for eliminating such causes; 

8.3.2. assesses whether the underlying cause of certain Complaints may lead to Complaints about other services of the Company;

8.3.3. analyse whether the underlying causes of cComplaints may be eliminated and make suggestions for such measures.

8.4. The CLO shall, at least annually, present the analysis of the data on the Complaints handling to the Board of Directors or another person authorised by the Board of Directors.

 

9. GENERAL PROVISIONS

9.1. The Procedure becomes effective once it is approved by the Board of Directors or another person authorised by the Board of Directors.

9.2. Any modifications to this Policy must be in writing and approved by the Board of Directors or another person authorised by the Board of Directors.

9.3. The Procedure shall be reviewed by the Chief Legal Officer at least once a year and upon changes in Applicable Law related to the Procedure or if otherwise needed.

 

 

 

ANNEX NO 1 - TEMPLATE FOR LODGING A COMPLAINT

 

SUBMISSION OF A COMPLAINT

     

TO:

PERSONAL DATA OF THE CLIENT:

 

PERSONAL DATA OF REPRESENTATIVE:

INFORMATION ABOUT THE COMPLAINT:

(a) Reference of the crypto-asset service or agreement to which the Complaint relates:

(b) Description of the Complaint’s subject-matter:

(c) Dates of the facts that have led to the Complaint:

(d) Description of damage, loss, or detriment caused (where relevant):

(e) Other comments or relevant information (where relevant):