The purpose of this policy is to inform Birdee’s clients of the procedure for managing complaints. It defines also the remedies available to each client in the event of a claim. Birdee has established a complaint handling process to respond to all claims fairly and promptly.
In accordance with the CSSF Regulation n ° 16-07, a complaint is “any complaint filed with a Professional to recognize a right or to redress a harm”.
Consequently, a complaint is a written or traceable expression (postal mail, e-mail, chat, recorded phone conversation, …) of dissatisfaction, justified or not, filed by a customer in relation to a service or product provided by Birdee. In that framework, a request for information, clarification or service … cannot be considered as a complaint.
The written communication should provide clear details of the issue or matter of concern and include supporting documentation or evidence, where applicable and appropriate. The Client may submit his complaint in French, English, Dutch or German.
- Submission of complaints
As set out in Article 20.1 of the Discretionary Portfolio Management Agreement between Birdee and its clients, all complaints in relation to Birdee and the management of its assets by Birdee should be raised in a first instance via Chat.
If the reply is unsatisfactory, the Client may also send his request to the daily manager responsible for complaints at the following e-mail address: email@example.com
In order to enable Birdee to properly handle a complaint in accordance with this Policy, clients should specify in their communication that it is explicitly a complaint. They should also provide also various information: full contact details, a description of the product or service which the complaint relates, and a detailed and chronological list of the facts risen to the complaint.
- Complaint Settlement Procedures
Birdee will treat your complaint as follows:
Complaints are handled confidentially, seriously and in the best interest of the Complainant with the required diligence, transparency, efficiency and objectivity with the will to find the truth. Special care will be taken in order to identify and manage any conflicts of interest.
Complaints are handled within a reasonable time frame in view of the nature of the problem raised. Acknowledgement receipt of the complaint is sent to the Complainant within ten business days after receipt of the complaint unless the answer itself is provided to the complainant within this period.
Complaints are answered within a period which does not exceed one month after the receipt of the complaint, except in the event of special circumstances. Complainants are informed of the causes of any further delay and the expected answer date.
- Out of Court Resolution
If the Client remains not satisfied with the response provided by Birdee, the Client has the possibility to file a complaint with the CSSF. However, the circular CSSF 16-07 specifies that this right of appeal is valid for a maximum period of one year from the date the complaint was lodged with Birdee.
If within one month after having sent a complaint to the professional, the Complainant has not received a satisfactory response or at least an acknowledgement of receipt, the complaint is considered as admissible by the CSSF, the Complainant can file a request for out-of-court complaint resolution with the CSSF.
- Clients residing in different jurisdictions may also contact their local authorities
– Germany :
1. to consumer arbitration bodies recognised by the Federal Office of Justice (BfJ – Startseite (bundesjustizamt.de));
2. to the consumer arbitration board established at the German Central Bank (Contact | Deutsche Bundesbank) or the consumer arbitration board established at the BaFin (BaFin – Making complaints and resolving disputes)
– Belgium : FSMA – Autorité des services et marchés financiers (How to make a complaint? | FSMA)
– France : AMF – Autorité des Marchés Financiers (Pré-plainte en ligne (pre-plainte-en-ligne.gouv.fr)
– The Netherlands : AFM – The Dutch Authority for the Financial Markets (Step 1: Write a letter | Complaints procedure | AFM Consumers)