Important Information on Complaint Handling

Please read the information below carefully before making a complaint to ensure the admissibility of your complaint and effective handling of your complaint.

Introduction

PitchedIt Limited ("PitchedIt") views every complaint or expression of dissatisfaction (or feedback from a customer that conveys a certain level of dissatisfaction) as an opportunity to improve its services. When a customer expresses dissatisfaction, it provides insight into the customer experience, but it also enables PitchedIt to analyse received complaints and to (be able to) take immediate action if there appear to be systemic problems or potential legal or operational risks. A complaint will be handled with the utmost care and PitchedIt will address and, where possible, resolve the customer's problem.

For PitchedIt to be compliant with Regulation 2020/1503, PitchedIt has requirements regarding the design of an adequate and transparent complaint-handling procedure. To provide you with more information regarding the way PitchedIt has set up its complaints handling procedure and how your complaint is resolved, we have prepared this page for you.

Free of charge

Every user has the right to make complaints free of charge. PitchedIt will not require or ask for any form of payment from its users to file and handle a complaint.

What is a complaint?

A ‘complaint’ means a statement of dissatisfaction addressed to PitchedIt by one of its users relating to the provision of crowdfunding services within the meaning of point (a) of Article 2(1) of Regulation (EU) 2020/1503, which includes:

• PitchedIt’s services related to investing on the Platform; and
• PitchedIt’s services related to seeking funding through the Platform.

You can assume that any service offered on our platform related to offers on our platform falls under the above categories. All complaints received are recorded adequately and transparently in the internal complaints administration, handled by the Complaints Management Function according to PitchedIt’s complaints procedure and reported to the Compliance function.

What makes a complaint admissible

A complaint is admissible if the following conditions are met:

• The complaint is related to the provision of crowdfunding services
• Within the meaning of point (a) of Article 2(1) of Regulation 2020/1503 which includes:
  • PitchedIt’s services related to investing on the Platform; and
  • PitchedIt’s services related to seeking funding through the Platform.
• The user makes the complaint by using the standardised form as given in the Technical Standards and provided on the PitchedIt platform
• The user provides the required information and evidence with their complaint
  • Further specified in Required information and evidence
• The user has used any official language of the jurisdiction in which PitchedIt provides crowdfunding services
• The person making the complaint is a PitchedIt Investor / PitchedIt Member / Project Owner and has a user profile on the platform
  • Everyone has the right to leave feedback to PitchedIt, but the complaint procedure will only be followed with PitchedIt Investors / PitchedIt Members / Project Owners
• The user has used the digital form available at the bottom of this page to send a complaint electronically.

Required information and evidence

For every complaint we require at least the following information:

• Personal data of the complainant

  • Natural Person:
    • Full name
    • Address
    • Postcode
    • City
    • Country/Region
    • Telephone
    • Email
  • Legal Person:
    • Registration number and LEI (if available)
    • Business name
    • Address
    • Postcode
    • City
    • Country/Region
    • Telephone
    • Email

• Personal data of the legal representative (if applicable)

• Full reference to the investment and/or agreement to which the complaint relates

  • For investments: Full project name + Unique project number

• Description of the complaint’s subject-matter

• Date(s) of the facts that have generated the complaint

• Description of damage, loss, or detriment caused

Required evidence

• The complainant/representative should provide all available proof supporting the claims made by the complainant
• A copy of the contractual documents of the investments to which the complaint relates (if applicable)
• A power of attorney or another official document as proof of the appointment of a representative (if applicable)

The evidence required strongly depends on the matter of the complaint, but the following should at least be considered

• Proof of damage
• Proof of a conversation
  • The proof can be a copy of a conversation e.g., a copied email.
  • The user can refer to a conversation with a PitchedIt employee by providing details on the conversation, e.g., the time of conversation, the department they have spoken to, and the method used to contact PitchedIt.

The procedure regarding the handling of complaints

PitchedIt has a formal procedure in place to handle complaints. After the complaint form has been sent to us a standard procedure starts. The procedure can be divided into the following steps:

• Acknowledgement of receipt and verification of admissibility
• Investigation of the complaint
• Decision process

Acknowledgement of receipt and verification of admissibility

We send an automated confirmation of receiving the complaint as soon as the complaint is received and processed in our system. This confirmation is sent for the sole purpose of giving assurance the complaint has been received. The automated confirmation will contain the following information:

• The email address and method of adding additional information/data to the complaint.

An employee of PitchedIt gives a formal confirmation. PitchedIt strives to send this confirmation to the user within three (3) business days but will take no longer than ten (10) business days.

With this confirmation, PitchedIt will also provide the following information to the user:

• If the complaint is admissible
• If inadmissible PitchedIt will inform the user with a clear explanation of the reasons why
• The identity and contact details of the person or department to whom or to which complaints may address any query related to their complaint
• The method of adding additional information/data to the complaint
• Every response to the confirmation mail will also directly be added to the existing complaint file
• The estimated time in which the user can expect a response

Investigation of the complaint

Upon receipt of an admissible complaint, we will do our utmost to resolve it. After PitchedIt  concludes that a complaint is admissible, priority will be given to assessing whether the complaint is clear and complete. In this procedure, PitchedIt  will emphasise whether the complaint includes all relevant evidence and information. PitchedIt  might need more information in addition to what is already available. If  PitchedIt  concludes that this is the case we  will assess whether this additional information can be gathered by the Complaints Management Function  or if the information needs to be provided by the User.

If more information or clarification from the user is required, PitchedIt  will without undue delay request any additional information/clarification necessary. PitchedIt  will keep the user informed on the progression of their case and respond to reasonable information requests made by the complainants without any undue delay. These requests can be made by following the instructions received with the confirmation.

Decision on the complaint

PitchedIt  will continue the decision process if the complaint is deemed clear and complete. During the decision-making process, PitchedIt  will address all the points raised in the complaint and state the reasons for PitchedIt’s position. To ensure fair handling of the complaints PitchedIt will assess whether any precedent has been set on the points raised in the complaints. PitchedIt uses the information to assess whether a precedent has been set including but not limited to:

• any previous complaint which raised similar points; and
• any public response from a competent authority on a similar point.

In the case of a complaint with precedent, PitchedIt will carefully examine whether a different approach is necessary. If PitchedIt  deems a different approach appropriate, we  will clearly explain why the different approach was taken. PitchedIt will strive to make a decision that is consistent with any previous decision.

The decision will be communicated within the allocated time frame. In the case where PitchedIt is unable to respond within the timeframe, we  will clearly inform the complainant about the causes of the delay and specify the deadline by which the complainant is expected to receive the decision.

If PitchedIt  decides to not or only partially uphold the complaint, it shall include a thorough explanation of its  position on the complaint. In addition, PitchedIt  shall inform the user about the possibility to file a complaint to a competent authority in accordance with Article 38 of Regulation (EU) 2020/1503 or taking civil actions. PitchedIt  will specify how further information about such mechanism or authority and the conditions for using it can be accessed.

Record keeping

All complaints must be properly recorded. Records of complaints must be retained for a minimum of five years from the complaint being finalised. A complaint is finalised once PitchedIt has decided on the complaint and no further response is received on the complaint for one full month or if the complainant confirms to agree with the decision.

PitchedIt will maintain a record of each complaint received and the measures taken for its resolution. Such records will include:

• the Case Number;
• the category of the complaint is made up of:
  • The subject of the complaint;
  • Services to which the complaint relates;
• the date on which the complaint is received;
• address from which the complaint was received;
• personal information of the user, including:
  • Name and contact details of the complainant;
• receipt acknowledgement, including:
  • Whether the complaint was deemed admissible or not;
  • The date on which a decision on admissibility was made and communicated to the complainant;
• name of the person(s) responsible for handling the complaint;
• whether the complaint was deemed justified or was upheld or not;
• the date on which the decision on the complaint was made and communicated to the complainant;
• the total processing time of the complaint (total business days from receiving the complaint to deciding on the complaint);
• whether the entire process was completed or not;
• the date on which the complaint is closed;
• the investigation carried out and result/outcome; and
• an audit trail of correspondence and communication with the complainant.

PitchedIt records complaints for the following reasons

• to remain compliant with article 26 (a) Regulation 2020/1503;
• to build a complaint register that allows PitchedIt:
  • to handle similar complaints more quickly in the future;
  • to decide fairly and equally on similar complaints in the future;
• to help improve PitchedIt services.

Methods of filing of Complaint

• Use the digital form available below to directly send a complaint electronically.

Complaint Form