TERMS AND DEFINITIONS

Acknowledgement - Acknowledgement of the Company of the received Complaint given to the Complainant;

Business day - A day being a working day within the Company’s working hours;

Company - FUNDAUS SIA, registration number: 40203692541, legal address: Duntes iela 28 – 213, Riga, LV-1005, Latvia;

Complainant - The Customer, who makes the Complaint;

Complaint - The statement of the Customer, which expresses its dissatisfaction with the Services;

Customer - An Investor or Project owner to whom the Company provides the Services;

Customer support - A member of the Company’s staff responsible for provision of the Customers support;

Consumer - A natural person who acts for purposes not related to its business or professional activities;

GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

Investor - An individual or legal entity, registered on the Platform’s webpage, who has passed the process of identity verification and has been accepted by the Company as a user of the Services;

KIIS - Key investment information sheet - a document that provides the information on development project, its owners and risk factors, in order to help the prospective investors to decide on whether the respective project meets its needs and expectations;

Platform - An electronic system, placed on a homepage www.fundaus.com and operated by the Company;

Policy - This Complaints handling policy;

Project owner - A legal entity, which applies for and receives the loans for financing of its business projects via the Platform;

Response - An answer to the Complaint provided by the Company to the Complainant;

Service - Lending-based crowdfunding services, provided by the Company;

User - User of the Services;

We - The Company;

You - The Complainant.

INTRODUCTION

In order to protect interests of the Customers, the Company adheres the principles of prompt, fair and consistent handling and investigation of the Complaints without charging of any fees from the Complainant. Thereby, the Company has executed this Policy to inform the Customer on the processes related to the submission, receipt and review of the Complaints.

The Company ensures regular review of the Policy and its amendments in case of such necessity. The current version of the Policy is published at the Platform’s homepage www.fundaus.com.

SUBMISSION OF THE COMPLAINTS

You can submit the Complaint in any event, when You are not satisfied with the provided Services or other Our activity. Your expressed opinion or suggestion for improvement of the Services is considered as the Complaint and is dealt in accordance with this Policy. You can also withdraw the Complaint at any time, if You decide that there is no such a necessity.

Within the meaning of this Policy the Complaint does not constitute an application for the exercise of the personal data protection rights under requirements of the GDPR, submission and processing of which is governed by Our Privacy Policy.

We accept the Compliant submitted in each language of the KIIS being published on Our website www.fundaus.com .

You can submit the Complaint in several ways:

• by completing an online Complaint form if You are the Investor. You can find the form in Your personal cabinet (Fundroom) on the Platform’s webpage;
• by sending the completed the Complaint form https://fundaus.com/ComplaintsFundaus.pdf by ordinary post to Our legal address: Duntes iela 28 – 213, Riga, LV-1005, Latvia, or e-mail info@fundaus.com;
• by sending the Complaint in free form by ordinary post to Our legal address: Duntes iela 28 – 213, Riga, LV-1005, Latvia, or e-mail info@fundaus.com.

IMPORTANT NOTE: For the unregistered and non-identified Users submission of the signed Complaints is mandatory. Therefore, You will be able to receive the Response only after the duly signed Complaint is submitted. Please choose one of the options:

• sign it with an electronic signature (in accordance with requirements of the EIDAS Regulation) and send it to Us by email to the email address: info@fundaus.com;
• print it, sign it and send to Us with the notarial certification of the signature by ordinary post or courier to Our legal address indicated above.
• In order to contribute prompt and efficient investigation of the Compliant, We ask You to include in the Complaint at least:
  • Your full name and identification data:
    • identification number or date of birth of the Complainant being a natural person;
    • registration number and registered address of the Complainant being a legal entity;
  • full name and identification data of Your representative (if any);
  • preferable form of communication (electronic or in writing) in the Complaint related matters;
  • e-mail or post address for communication;
  • date of the Complaint;
  • the Complaint essence and overview of circumstances being the basis of the Complaint;
  • signature, if the Complaint is submitted in written form.

If the Complaint is submitted by Your authorized representative, please, provide the document, that proves rights of authorization.

We provide the Acknowledgement with information on whether the Compliant is admitted as an admissible or not, and the reasons for the position to admit the Complaint as inadmissible, as soon as possible, but not later than within 10 (ten) calendar days for the Complainants being the Customers, and within 10 (ten) Business days for other Complainants, after the Complaint has been received by Us.

If the Complaint is admitted as an inadmissible You can eliminate deficiencies being the reasons for such decision and submit the Compliant repeatedly.

HANDLING OF THE COMPLAINTS

After the Complaint has been received, We identify the Complainant by comparing identification data (name, surname, date of birth or identification number and contact details) indicated in the Complaint with identification data We have at Our disposal and previously received from the Customer. We also ascertain whether a submitter of the Complaint is entitled to submit it and, when the Complaint is submitted by an authorized representative, We verify the authorization rights.

Please note, that We are entitled to admit the Compliant as an inadmissible and refuse, when We cannot identify the Complainant or verify the rights of authorizations.

When the Complaint is admitted as an admissible, We provide the Response without, as soon as possible, not later that within 15 calendar days for the Complainant being the Consumers, and 30 Business days for other Complainants, after the Complaint has been received by the Company.

When the Response cannot be provided within the time limit defined above due the reasons of complicacy and scope of the Complaint or the amount of the Complaints being under the investigation, We can extend the mentioned period for further 30 Business days. We will inform You on the causes for such delay and the deadline by which You are expected to receive the final Response.

SETTLEMENT OF DISPUTES

If You are not satisfied with Our Response, You are entitled to complain to the Bank of Latvia by sending it electronically, as specified in the website of the Bank of Latvia: https://www.bank.lv/par-mums/noderigi/apmekletaju-un-iesniegumu-pienemsana, by sending it by ordinary post to its address: K. Valdemāra iela 2A, Riga, LV-1050, Latvia, or in person.

You can also contact the Bank of Latvia to get an independent advice or explanations by using the following contact details:

As Consumer, You also have a right to address complaint to the Consumer Rights Protection Center of the Republic of Latvia, by using the following contact information:

Both natural persons and legal entities have a right to submit a claim to the court which in accordance with our Company’s jurisdictions is Riga City Court (latv. Rīgas pilsētas tiesa): https://www.tiesas.lv/lv/tiesu-saraksts-pec-apgabala#rigas.

When You consider that Your personal data protection rights are violated, in accordance with our Privacy Policy you are entitled to write to info@fundaus.com and to complain the Data State Inspectorate of the Republic of Latvia by using the following contacts:

STORAGE OF THE COMPLAINTS

The Complaints, Acknowledgements and Responses are stored in accordance with Our Privacy Policy and requirements of the GDPR.

Information non-disclosure obligation is obliged for all members of Our staff and any person involved in dealing with the Complaint and its related activities. Only requirements of the binding legal regulation give a basis to disclose the information in the scope and volume that cannot be excessive to the purpose it is disclosed for.