Dispute Resolution

version 1.0. – May 2020

0. Company

MUCHGAMING B.V., company registered in Curacao, with business address at Korporaalweg 10, 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.

1. Preamble

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.

This Policy is based on the concepts of:
  • open, honest and cooperative business relations with clients;
  • the provision of a complaints handling process for all clients;
  • fair dealing in the resolution of complaints or disputes.
  • fostering the highest possible standard of client relations.
The company has developed internal complaints handling procedures which it believes to be compliant with the relevant dispute handling legislation within the EEA area and which also reflects good industry practice globally, including Curacao and is relevant for the company having regard for:
  • the size and type of our business;
  • the e-gaming services offered by us;
  • the nature of our client base and
  • the likely number and complexity of complaints.

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.

2. Definitions

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.

3. Definitions

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:

Client-focused service delivery. Providing the company’s client with the best possible customer experience through ensuring full transparency for the clients:
  • providing a standardized way of dealing with client complaints;
  • having a set process in relation as to the recording and reporting of client complaints;
  • having a systematic approach to reviewing client complaints as means to improving client service and satisfaction;
Supportive and effective complaints management:
  • ensuring consistency with the complaints management;
  • ensuring delivery of high standards of service in relation to complaints management;
  • giving guidance to the company’s stuff with regards to appropriate complaints management;
  • ensuring company observes all regulatory and procedural requirements in relation to information received through complaints and comments, including data protection requirements.

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

(1) In scope:
  • complaints received from clients, business partners as well as anonymous complaints and complaints from general public.

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.

(2) Beyond scope:
  • decisions involving the interpretation of the relevant laws, courts decisions or tribunals;
  • complaints that do not meet requirements set forth in this Policy e.g. complaints that are incomplete or not sufficiently specific or different kinds of vague allegations without supporting documents;
  • complaints (in any kind of form) submitted by public authorities;
  • complaints submitted by company’s employees (employment relationship related matters).

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.

III. Complaints management principles Management principles for each complaint settlement process are:
  • pen, honest and cooperative business relations with clients;
  • processing of data and handling of complaints in accordance with the applicable data protection provisions and any other applicable specific legislation fostering the highest possible standards of client relations;
  • response to complaints shall be at no cost to the client (complainant);
  • maintaining transparent approach to complaints management by publishing the complaints-handling process on a publicly available section on company’s website;
  • ensuring fair, prompt and efficient response to complaints
  • addressing and responding to all questions of the complaint
  • identifying and mitigating possible conflicts;
  • ensuring procedural fairness, consistency and effectives in complaints management as well as the disputes resolution;
  • ensuring appropriate level of confidentiality is maintained;
  • having a systematic approach to reviewing complaints in order to improve the overall business process and identify and address issues before they become systemic and potentially reportable, and potential legal and operational risks, eg by:
    • analyzing the causes of individual complaints so as to identify root causes common to types of complaint;
    • considering whether such root causes may also affect other processes or products, including those not directly complained of;
    • correcting, where reasonable to do so, such root causes;
    • properly documenting ECR’s actions in addressing and resolving the complaints./li>
IV. Complaints management framework
  • Our client complaint management system is part of a broader system for managing various types of complaints;
  • Complaints are managed depending on the type of issue reported;
  • This policy does not replace or override policies and procedures regarding staff performance matters, corruption, disciplinary and grievance processes, or complaints dealt with under specific legislation;
  • The diagram below shows the different processes for managing complaints in the company:


4. Responsibilities

V. Levels of complaints management

(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:

  • complex complaints, according to paragraph three of article 5 of this Policy, including complaints with potentially reportable, and potential legal , operational and security risks, affecting several clients, products or services
  • Complaints Officer misses the deadline for solving the complaint, according to first paragraph of article 12 of this Policy.

(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.

VI. Complaints Officer

(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:

  • determination whether complaint falls within the scope of this Policy;
  • prompt an appropriate resolution of clients’ complaints;
  • ensuring that all complaints are appropriately logged and regularly monitored for timely response and remedial action into Client Complaint Management System;
  • provision of resolution status to the client and
  • communication of the resolution outcome on all complaints.
(3) In case there are several Complaints officers:
  • Chief Compliance Officer assigns specific complaint to case owner (Complaint Officer) within the Client Complaint Management System;
  • within Client Complaint Management System case owners has only access to their case records.

(4) Complaints officer may propose to Chief Compliance Officer to escalate level 1 complaint to level 2 complaint.

VII. Chief Compliance Officer

(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.

(4) Chief Compliance Officer liabilities related to level 2 complaints are all responsibilities stipulated in third paragraph of article 5 of this Policy. Chief Compliance Officer is responsible for:
  • ensuring the proper escalation of clients complaints;
  • provision of reports for management, if so requested and regularly, at least annually
  • creating case owners in the Client Complaint Management System;
  • assessing appropriateness and effectiveness of implemented processes, measures and risk of complaint handling violations and, where required, necessary remedial actions,
  • preparing root cause analysis and initiation of service improvement actions as applicable.

(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.

VIII. Ombudsman

(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.

5. Complaint making process

IX. Submitting complaint

(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:

  • e-mail [email protected];

(2) If the client’s account of the situation is incomplete, company has right to contact the client to obtain further written information.

X. Content of the complaint

(1) Complaint should include minimum the following information:

  • client’s name and contact details (e-mail, phone number);
  • client’s relationship with the company;
  • client’s contact person within the company (if applicable);
  • the nature of the complaint;
  • the signature of the complaint (if applicable).

(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.

6. Complaints’ management

XI. Receiving 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:

  • details of the identity of the customer who filed the complaint, allocated Reference number;
  • details of the complaint owner that undertook to provide the service to the customer;
  • date of receipt of the complaint;
  • date of complaint acknowledgment issued;
  • details of the complaint – full description, including dates, figures, amounts, list of supporting documentation etc.; in case of databreach, extent of data brach, type and volume of personal data involved,
  • extent in e-gaming terms of the potential loss that the customer claims he/she has suffered or as it is derived from the content of the complaint;
  • investigations, risk assessment and resulting outcome (customer type; suspected root cause; outcome; remedial action taken)
  • date and in summary, the content of the reply/ies of the company (including list of supporting documentation) to the said complaint;
  • Notifications/reportings
  • Claim reference (if applicable);
  • Date resolved/closed

(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. upon receiving the complaint, company must register the complaint directly to an internal register, giving it a unique reference number;
  2. the unique reference number is communicated to the complainant;
  3. company informs the complainant that he should use the said reference number in all future contact with the company, the E-gaming Ombudsman regarding the specific complaint.

XII. Solving complaint

(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.

XIII. Final decision

(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:

  • description of the final decision (clearly marked as final decision);
  • indication of all the facts that served as a basis for the final decision;
  • copies of all the relevant documentation;
  • instructions how to proceed in case final decision is not solved in client's satisfaction (escalation of the complaint), with contact details of the Compliance Officer.

(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.

XIV. Unresolved Disputes and External Dispute Handling

(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.

VII. Record keeping

XV. Complaint file Each complaint file includes information listed in 11(1) article. In addition, complaint file shall include the following information:
  • a unique reference number
  • a copy of a client's complaint;
  • a copy of the acknowledgement of receipt sent to the client (complainant);
  • results of the complaint handling process, including supporting documents;
  • a copy of the final decision.
XVI. Internal register

(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.