Complaints policy

1. Ebury complaints policy

If you have a complaint about any aspect of our service, then we would like to hear from you. You can contact us by post, fax or email at complaintslu@ebury.com. Please address all correspondence to the Compliance Manager. Our complaints department will be best placed to receive your complaint and work with you to resolve it.

2. Complaints procedure

2.1 Complaint reception

Ebury Partners Belgium (Luxembourg) have established an internal complaints procedure to ensure your complaint is dealt with efficiently and by the correct person. To help us investigate and resolve the problem as quickly as possible, please make sure you give us the following information:

• Your name, address and client reference number
• A clear description of your concern or complaint
  
• Details of what you would like us to do to put it right
• Copies of any relevant documents, such as letters
• A daytime telephone number where we can contact you

2.2 Timeframe

We will try to resolve your complaint immediately and with minimum inconvenience to you. The first step is for
us to be really clear on what the problem is and to identify with you what we can do to put it right. The more
information you can give us the better.

Sometimes we will not be able to solve the problem for you immediately. If we are unable to resolve your
complaint by the following day and if we have not already contacted you to agree with our proposal for resolving
it, we will send an acknowledgement of your complaint in writing within five (5) business days, including
information on who will handle your complaint and how you can contact this person.

If your complaint is particularly complex in nature, we will keep you informed of the progress we are making as
we continue our investigations.

We will endeavour to provide a full response to your complaint without undue delay and, in any case, within one (1) month from the date of receipt. If your complaint relates to payment services (governed by the Luxembourg law implementing PSD2), we will issue a final response within 15 business days of receipt. In exceptional circumstances beyond our control, if we cannot provide a full response within 15 business days, we will send a holding reply explaining the delay and specifying the date by which you will receive our final response, which will not exceed 35 business days from the original date of receipt.

2.3 Response

In our final response we will include:

• A summary of your complaint
• A summary of the outcome of our investigation
• Whether we acknowledge there has been any fault on our side and whether the complaint will be upheld
• Details of any offer to settle the complaint and how long this offer will remain open
• If you are an eligible client, a notification of your right to refer the matter to the Commission de Surveillance du Secteur Financier (CSSF).

If you are an eligible client and you remain dissatisfied with our final response, or if you have not received a satisfactory response within the timeframes outlined in Section 2.2, you have the right to escalate your complaint internally to the Manager responsible for complaint handling at the management level. Following this internal escalation, if the issue is still not resolved to your satisfaction within one month, you will be notified of your right to refer the matter to the Commission de Surveillance du Secteur Financier (CSSF) for out-of-court resolution.

3. Complaints authority

The CSSF is competent to receive complaints from customers (natural or legal persons) of the professionals subject
to its supervision and to act as an intermediary in order to seek an amicable settlement of these complaints.

The complaint can be filed either:

• by filling in the online complaint form where all relevant documents can be attached;
• or by sending the completed complaint form (PDF):
  
  • either by mail (simple mailing, no registered letter required) to the following address:
    Commission de Surveillance du Secteur Financier
    Département Juridique CC
    283, route d’Arlon
    L-2991 Luxembourg
  • or by email to the following address: reclamation@cssf.lu

The opening of an out-of-court complaint resolution procedure with the CSSF is subject to the following cumulative
conditions:

• The complaint must be aimed at a professional entity which is supervised by the CSSF (banks, professionals
  of the financial sector, investment firms, specialised professionals of the financial sector, support
  professionals of the financial sector, payment institutions, electronic money institutions etc.);
• The dispute must concern a financial product, a financial service or a statutory audit;
• The complaint must not concern the business policy of the professional;
• The complaint must have been first submitted in writing to the person responsible for the complaint handling
  at the level of the management of the professional aimed by the complainant (“manager responsible for
  complaint handling”);
• The complainant has not received a satisfactory answer nor an acknowledgement of receipt within one
  month as of the date the complaint was sent to the manager responsible for complaint handling;
• The complaint has not previously been or is not currently being examined by another ADR, an arbitrator, an
  arbitration tribunal or a court in Luxembourg or abroad;
• The complaint is not unreasonable, frivolous or vexatious;
• The complaint was filed with the CSSF within one year after the complainant has filed a complaint with the
  professional aimed at by the complaint;
• The complaint handling does not seriously impair the efficient functioning of the CSSF.

The complaint shall be filed together with all relevant documents in English, French, German or Luxembourgish and
shall be duly motivated and accompanied by the following documents:

• Detailed and chronological description of the facts of the complaint and of the steps already followed by the
  complainant;
• Copy of the complaint that was sent to the manager responsible for complaint handling;
• Copy of the answer that was given by the professional to the complaint that was sent to the manager
  responsible for complaint handling or the confirmation by the complainant that she/he did not receive an
  answer within one month after she/he sent her/his complaint to the manager responsible for complaint
  handling;
• Confirmation of the complainant that s/he has not referred the matter to a court, an arbitrator or an other
  out-of-court complaint resolution body in Luxembourg or abroad (see confirmations to be given in the
  complaint form);
• Agreement to the terms according to which the CSSF intervenes as ADR (see confirmations to be given in
  the complaint form);
• Express declaration granting the CSSF the right to transmit the complaint (including the attachments) as
  well as any future correspondence or information to the professional aimed at by the complaint (see
  confirmations to be given in the complaint form);
• In any case (should an other person act on behalf or not of the complainant), a copy of a valid ID document
  of the complainant (natural person) or, where the complainant is a legal person, a valid ID document of the
  natural person representing this legal person;
• Copy of the power of representation if the complainant is represented by a third party;
• In case the complainant is acting on behalf of a legal entity, an official document stating that the complainant
  is legally entitled to represent the company concerned (for example an extract of the trade and companies
  register) must be attached to the complaint.

In principle, the CSSF issues its reasoned conclusions within 90 days as of the date when the complaint has been
considered complete. The CSSF can extend the initial deadline of 90 days in case of highly complex cases.

The procedure is free of charge. Each party shall bear its own costs (e.g. lawyer fees).

4. Data protection authority

If your complaint is in relation to Data Protection, and we are unable to provide you with a final response within one calendar month we will write to you with:

• An explanation as to why we are unable to provide you with a final response and with an indication as to when you will get one.
• If you are an eligible client, a notification of your right to refer the matter to the National Data Protection Commission (CNPD).

For the purpose of our processing the Lead Supervisory Authority is:

National Data Protection Commission (CNPD)

Address:15, Boulevard du Jazz, L-4370 Belvaux, Luxembourg.

Tél. (+352) 26 10 60-1 

Fax : (+352) 26 10 60-29 

Email : info@cnpd.lu 

Website: http://www.cnpd.lu/

‍

We value your feedback. Help us get it right every time, for every client!