In order to ensure prompt handling of complaints, Walliance SIM S.p.A. has adopted, implements and maintains an effective complaints handling policy which, formulated in writing, allows for the identification of roles and responsibilities of the Company's structures and organizational units and is aimed at ensuring prompt and exhaustive responses, promoting the overcoming of critical issues found on the basis of complaints received, safeguarding the quality of relations and maintaining correct and transparent relations with customers, as well as ensuring utmost care to prevent legal disputes also by resolving amicably those that have already arisen, through effective and satisfactory interlocution with customers.
Therefore, the aforementioned policy defines the terms and methods by which the Company's clients, both in the provision of crowdfunding services and with reference to the performance of investment services, may make complaints regarding the service offered, whether they qualify as Issuers or as investors (hereinafter, the "Clients"), in line with the provisions of Article 7 of Regulation (EU) 2020/1503 and the relevant investment services legislation, as well as with the provisions of the Company's internal directives.
A Customer who feels that he or she has not received a level of service that is in keeping with expectations has the right to please note a complaint to the Company free of charge in the language used by the Company to promote its services or campaigns on the portal. In particular, the Customer may please note a complaint in writing by electronic means, using the standard form published on the Company's website.
The complaint may be sent to the following email address dedicated to this purpose reclami@walliance.eu, using the format available at the following link:
or alternatively, via appropriate template available in the footer of the site.
Complaints received through templates will be handled through a CRM system called "Factorial”, which can receive communications from any user of the portal. Factorial's system also allows for keeping track of correspondence between users and the portal in Factorial's own secure database. The link can be accessed from here https://walliance.factorial.it/complaints.
The Company has appointed the company's Customer Support department as the person responsible for handling complaints.
Communications between Walliance and the complainant, at the complainant's request, may also be in paper format.
The complaint, dated and duly signed, should contain the following information: (i) the complainant's identifying data (first name, last name/name or company name, residence or registered office) and relevant contact details at which the complainant wishes to be contacted (email address, telephone number); (ii) in case of a legal entity, the identified data and contact details of the legal representative (in which case documentation proving the legal representative's powers, e.g. power of attorney, etc., should be attached.); (iii) the specific reference to the investment made and/or agreement entered into with the Company to which the claim relates (e.g. investment reference number, name of Issuer and/or crowdfunding project, other relevant transaction references, etc.); (iv) a detailed description of the subject matter of the complaint, attaching all relevant documentation; (v) the date(s) of the facts giving rise to the complaint; (vi) a description of the damage, loss, or injury suffered (if relevant); and (vii) any additional information the Client deems relevant.
Regarding the processing of complainants' personal data, please refer to everything specified in the privacy policy available in the Client's personal area on the portal.
Walliance will confirm to the Customer (i) that it has received the complaint, and (ii) whether the same is admissible, within 10 (ten) business days from the date of its receipt. In the event that the complaint does not meet the conditions of admissibility, the Company shall - within the aforementioned period - provide the complainant with a clear explanation of the reasons for rejecting the complaint as inadmissible. In particular, the acknowledgement of receipt sent to the Customer shall contain the identity and contact details, including the email address and telephone number of the designated function to which the complainant may address any questions related to his or her complaint, and a reference to the time limit within which Walliance will send an acknowledgement of the complaint.
Where the Company finds that the claim is unclear or incomplete, it shall promptly request from the Client any additional information or documents necessary for the proper handling of the claim.
In addition, Walliance will keep the complainant duly and continuously informed of any further steps taken to handle the complaint and will respond to (any) inquiries made in this regard by the complainant without undue delay.
The Company will provide feedback regarding the received complaint within 20 (twenty) days from the date of the acknowledgement of receipt. In the event that Walliance, in exceptional situations, fails to communicate a decision within the aforementioned time limit it will clearly inform the complainant regarding the reasons for the delay and specify a new time limit for decision making.
Responses will contain the reasons, in a clear and simple manner, why Walliance believes the complaint to be well-founded or unfounded. Responses will also be consistent with previous decisions made by Walliance in relation to similar complaints, unless there are specific reasons that justify a different approach. In this case, the Company will provide clarification.
In the event that the complaint is deemed well-founded, Walliance will inform the user of the measures and timeframe by which it intends to resolve the problem reported by the complainant and remedy any damage suffered by the complainant. In the event that the complaint is found to be unfounded or only partially satisfies the complainant's request, Walliance will provide, in addition to the reasons behind its decision, the necessary guidance for recourse to out-of-court dispute resolution systems if it deems it appropriate.
Should the Client not be satisfied with the response received from the Company, he or she indeed retains the right to resort to any form of judicial or extrajudicial dispute resolution. In particular, he retains the possibility of resorting to an out-of-court dispute resolution (ADR) system with respect to which the submission of a prior complaint is, for some of them, a condition of proceeding. Among additional out-of-court dispute resolution mechanisms, the Client, in fact, has several bodies to turn to in an attempt to reach a consensual and mutually satisfactory agreement depending on the subject of the complaint. In particular, he or she can appeal to the Arbitrator for Financial Disputes (hereinafter "ACF"), established at CONSOB by Regulation No. 19602/2016.
In particular, recourse to the ACF is permitted if the following conditions are met: (i) a complaint has been previously made to the Company; (ii) the dispute is not alreadỳ the subject of another out-of-court procedure; (iii) the dispute involves a sum of 500,000 euros or less; (iv) the damage is pecuniary in nature; and (v) the damage is a direct consequence of the Company's failures. The right to appeal to the ACF is unwaivable.
The Company evaluates and reviews when necessary, but at least annually, the policy on complaint handling and takes appropriate measures to remedy any deficiencies in it.