MUCHGAMING B.V., company registered in Curacao, with business address at Fransche Bloemweg 4, Willemstad, Curaçao, is legal person operating under the jurisdiction of Curacao (hereinafter referred as “we”, “us”, “our company”, “company”).
We are governed by the provisions of the License 8048/JAZ and other applicable legal framework for entities operating in e-gaming industry.
We believe our clients should be able to provide feedback (both positive and negative) about our services and the way we provide them. Complaints handling (dispute resolution) is not only a requirement by law, it is also an essential business practice. The feedback mechanism provides the business with an opportunity to learn and improve operations.
Therefore, within this policy we set the direction for client complaint management in our company and describe the mechanisms within the company in relation to complaints handling.
It is relevant to the size and nature of the e-gaming services business conducted by the company and is approved by management board. The Chief Compliance Officer will oversee the implementation of the Policy. This policy will be reviewed at least annually to ensure that it continues to comply with applicable laws.
Case owner means company’s employee responsible for the settlement process of specific client’s complaint. Case owner can be Complaints Manager or Chief Compliance Officer, depending on the level of the complaint.
Client means consumer and merchant, which is in business relationship with the company. According to this Policy client is also complainant.
Client Complaint Management System means IT supporting system (back-office) is using for complaints management.
Complaints Management Function means company’s Chief Compliance Officer respectively the Data Protection Officer, including escalation and reporting obligations to the Management Board.
Complaint means an expression of dissatisfaction made to us in relation to its products and services under applicable laws and regulations (e.g. the above listed and any other laws, depending on the concrete circumstances., communicated through the official channels mentioned below.
Complaints management means complete settlement process of all complaints sent to us by clients.
I. Purpose of the Policy
(1) Values: we are committed to delivering high quality services that respond to the community’s needs. Company values the benefits of handling complaints in a prompt, responsive, effective, efficient, fair, transparent and consistent manner.
(2) Goals: our goal with this Policy is to cover procedures relating filling the complaint by the client, procedures relating to receipt of complaints, the opening of complaint files and the internal management of complaints (complaints management). This Policy is an important control document and covers both regulatory and business requirements.
(3) Objectives: key policy objectives are:
Business improvement: complaints are a valuable source of feedback that help us find opportunities for staff and business improvement by using complaints data to identify areas where processes and systems can be improved. In addition to any immediate remedial actions required in the handling of specific complaints companywill on an ongoing basis review and analyze complaints in general to identify potential hot spots and areas for improvement. We will ensure that no client will in any way be disadvantaged as a result of making a complaint. To allow us to fully and fairly investigate a complaint, we would expect the client to make us aware of the cause of the complaint as soon as possible of the issue arising.
II. Scope of the Policy/Types of the compliant handled
In line with the foregoing, we will investigate a Complaint, if it is submitted to us, in accordance with the Complaint Handling Policy set forth herein.
If the Complaint or dispute cannot be resolved internally by us in accordance with our Policy set out herein, we may refer the matter to the Group Ombudsman, as stipulated in section 8 of this Policy, or the competent external authorities / courts.
(1) From the functional perspective, company’s complaints management system consists of 5 steps: internal compliance handling, assessment and resolution, internal review, external review and post-analysis. From the organizational perspective, there exist 3 levels of management, whereas two levels are internal, third level is external:
INTERNAL COMPLIANCE HANDLING AND RESOLUTION
Steps 1, 2 and 5 are the steps that are usually followed when dealing with complaints covered by this Policy.
Steps are followed as required or when requested.
Once a complaint is resolved, the additional step of ‘monitor, review and report’ is essential for business improvement and informed decision making.
(2) Compliance Officer is responsible for level 1 complaints.
(3) In exceptional cases, level 1 complaints shall escalate directly to level 2 complaints:
(4) Complaints not solved by Complaints Officer to the client’s satisfaction, shall be referred to Chief Compliance Officer for level 2 complaint settlement process.
(5) Complaints not solved by Chief Compliance Officer to the client’s satisfaction, shall be referred to Group Ombudsman for level 3 complaint settlement process.
(6) Client cannot submit directly level 2 or level 3 complaint.
(1) Complaints Officer acts as a case owner for level 1 complaints, which means he is responsible to internally or externally coordinate each complaint settlement process. (2) Complaints Officer liabilities related to level 1 complaints are:
(4) Complaints officer may propose to Chief Compliance Officer to escalate level 1 complaint to level 2 complaint.
(1) Chief Compliance officer is ultimately responsible for each complaint settlement process and for complaints management in general.
(2) Chief Compliance Officer is responsible (case owner) for level 2 complaints, which means he is responsible to internally or externally coordinate each complaint settlement process.
(3) Chief Compliance Officer becomes case owner in the event of escalation of level 1 complaint, according to third paragraph of article 3 of this Policy.
(5) Chief Compliance Officer shall regularly monitor the complaint resolution process (at least weekly) for effective and timely handling via the Client Complaint Management System. All complaints shall be reviewed by Chief Compliance Officer upon successful resolution of the complaints by the Complaints Officer.
(6) Chief Compliance Officer may consider need to escalate specific level 1 or level 2 complaint to the management board or directly to competent authorities.
(1) All level 2 complaints which have not been resolved to the satisfaction of the client escalate to level 3 complaints.
(2) External Ombudsman is responsible for complaint settlement process for all level 3 complaints.
(3) External Ombudsman is independent specialist for complaints management.
(4) Clients submits level 3 complaint directly to the External Ombudsman.
(5) On written request by the External Ombudsman, company forwards Complaint file for level 3 complaint not later than 2 (two) business days after receipt of such request.
(1) Clients wishing to file a complaint must do so in writing by letter or preferably by e-mail. Clients who wish to file a Formal Complaint with the Company’s Compliance Officer can do so, at any time, in writing by completing and sending the relevant document named Complaints Form, which is available to download from the company´s website. Complaints can be received through any of the following means:
(2) If the client’s account of the situation is incomplete, company has right to contact the client to obtain further written information.
(1) Complaint should include minimum the following information:
(2) In case complaint does not include all information stipulated in the previous paragraph, case owner has right to request in writing from the client to provide missing information and documentation.
(3) Client is required to provide requested info not later than 5 (five) business days after receiving request from case owner.
(4) If client doesn’t provide requested info within the deadline stipulated in the previous paragraph and if there is not enough information to continue with the complaint settlement process or in case of any other event as stipulated in the second paragraph of article 2, Chief Compliance Officer has right to dismiss the complaint.
(1) All complaints, typically received by the channels mentioned in art. 9 above are immediately entered in a record kept in Client Complaint Management System by Complaint Officer. Complaint Officer must also ensure that the contact details of the client are included to enable direct communication with the client upon resolution of the complaint by the company. Additionally, Complaint Officer should ensure to enter all complaint related material information and process steps in the system, namely the following information:
(2) All complaints received via website shall be automatically integrated into Client Complaint Management System.
(3) Client Complaint Management System shall automatically forward a notification to the client acknowledging receipt of the complaint along with the Reference Number. Company should communicate in a plain language which is clearly understood. This notification will confirm that company is taking the necessary action needed to resolve the complaint and will get back to the Client in writing about the findings of our investigations once the cause of the complaint has been reviewed and will also provide an approximate timescale up to 7 days in order to do
(4) For easy reference and retrieval, Complaint Officer apply the following procedure:
(1) Complaint settlement process is concluded with issued final decision (article 13) or with the dismissal of the compliant by the Chief Compliance Officer (fourth paragraph of article 10).
(2) All level 1 complaints shall be resolved not later than 10 (ten) business days after the receipt of the compliant from the client.
(3) Complaints not solved within the deadline from the previous paragraph, are directly escalated to level 2 complaint, according to article 3 of this Policy.
(4) All level 2 complaints shall be resolved not later than 15 (fifteen) business days after the receipt of the compliant from the client.
(5) Complaints with immediate resolution shall be communicated to the client same day of receipt.
(6) All resolved complaints shall be logged as such in Client Complaint Management System.
(1) Once the issue has been resolved, responsible case owner prepares final decision in writing, inputs in to the system/register a closed status for the complaint indicating description of taken actions.
(2) Final decision includes:
(3) Final decision is forwarded to client using the same communication channel that client used when submitting the compliant.
(4) The Compliance Officer shall on an on-going basis analyze complaints-handling data, to ensure that company employees identify and address any recurring or systemic problems, and potential legal and operational risks.
(1) Every complaint needs to be answered within 15 working days of the complaint first received, at the latest. If exceptionally, the complaint cannot be processed within this time period company will inform the client in writing that the investigation is continuing, the reasons for the delay and when company expects to address and respond to the complaint at the latest, observing the maximum time period of 35 working days of the complaint first received.
(2) When a final decision does not fully satisfy the complainant’s demands, the company should notify in writing the complainant using a thorough explanation of its position on the complaint and set out the complainant’s option to maintain the complaint e.g. through the External Ombudsman, or the relevant Courts. Based on client’s written request, the complaint file will then be transferred to the External Conciliation Board / Data protection Office of or the relevant Courts. The client has also the right to contact these authorities at any time on his own initiative.
(1) Company will keep a record of all complaints files in a complaints register to be managed by Chief Compliance Officer.
(2) Each complaint file is transferred to complaints register once specific complaint settlement process is concluded.
(3) Records of complaints will be retained for a period of 10 (ten) years, unless specific legislation requires a longer retention period.