Complaints handling policy

1. General

1.1. f you are a registered user and you are not satisfied with the services or activities of Estateguru, you may submit a complaint to Estateguru by following the instructions set out in this policy.

1.2. This policy follows the requirements set out in the Commission delegated regulation (EU) 2022/2117, which supplement the requirements to complaints handling in article 7 of the Regulation (EU) 2020/1503 of the European Parliament and of the Council on European crowdfunding service providers (the Crowdfunding Regulation).

1.3. To ensure effective complaints handling, the complaint must be filed by using the template referred in point 2.2 and available on our website. This form and the procedure is harmonized among crowdfunding service providers across the European Union under the Crowdfunding Regulation.

1.4.  Estateguru annually reviews this policy and updates it when necessary, for example when changes have been made in the applicable regulation. The version on Estateguru website is always the policy which is in force.

2. Filing the complaint

2.1.  Filing and handling of the complaint is free of charge.

2.2. The complaints must be filed via Estateguru platform by using the standard template here.

2.3. The complaint must include:

• personal data of the complainant as required in the form; and
• personal data of the representative of the complainant, if the complaint is submitted through a representative (we may require you to also submit a power of attorney or other official document including the appointment of the representative); and
• information about the complaint, including reference of the loan project and/or agreement to which the complaint relates, if applicable;
• summary of what the complaint is about;
• date of the underlying facts of the complaint;
• damage, loss or detriment caused (where relevant); and
• evidential documents supporting the complaint, if any.

2.4. To ensure that we will be able to provide you swift responses, we would appreciate it if you could submit your complaint in English or Estonian. Nevertheless, the complaint form is available and may be submitted in the following languages: English, Estonian, German, Russian, Finnish, Lithuanian and Latvian language.

3. Investigation of the complaint

3.1. Estateguru will acknowledge receipt of the complaint and confirm if the complaint is admissible within 10 working days after the submission of the complaint. If the complaint is considered admissible, Estateguru will provide an estimation on the time needed for responding to the complaint. In case a complaint is considered as inadmissible, Estateguru will provide a clear reason for that.

3.2. Upon receipt of an admissible complaint, Estateguru will, without undue delay, assess whether the complaint is clear and complete. In particular, Estateguru will assess whether the complaint includes all relevant evidence and information.

3.3. If the complaint is not understandable or is based on the documents that are not freely available for Estateguru, Estateguru will promptly request additional information and documents necessary for the proper handling of the complaint.

3.4. Estateguru will keep the complainant duly informed about the further handling of the complaint and reply to reasonable information request made in this regard by the complainant without any undue delay.

3.5. If a final response cannot be provided to the complainant within the term indicated in the letter of acknowledgement, Estateguru will inform the complainant of the new term and explain the reasons for the delay.

4. Decision on the complaint

4.1. In general, the decision on the complaint will be provided as soon as possible but not later than in 15 business days from the confirmation of an admissible complaint.

4.2. If the decision on the complaint could not be provided due to the complicacy of the complaint or other good reason (such as need to involve a lawyer or attorney at law) within 15 business days from the confirmation of an admissible complaint, Estateguru will clearly inform the complainant about the causes of the delay and specify the deadline by which the complainant is expected to receive the decision.

4.3.  A decision on the complaint will address all points raised in the complaint and state the reasons for Estateguru’s position.

4.4. If Estateguru finds the complaint to be justified, Estateguru recovers the rights of the complainant which were violated without undue delay or provides another suitable solution for the complainant.

4.5. In case the decision does not satisfy the complainant’s demand or only partially satisfies it, the complainant has a right to file a complaint to Finantsinspektsioon (Sakala 4 Tallinn 15030 Eesti, info@fi.ee, +372 668 0500), the financial supervision authority exercising supervision over Estateguru.

5. Communication with complainants

5.1. The complaints handling will be managed by the Customer Experience Unit, e-mail address: info@estateguru.co.

5.2. Estateguru communicates with the complainant electronically by e-mail address provided in the complaint or, upon the complainant’s explicit request, in paper form.

5.3. Any communication that is addressed to a complainant, including the decision on the complaint, will be made in the language in which the complainant filed its complaint pursuant to point 2.4 of this policy.

5.4. Estateguru will do their best to communicate with complainants in a clear, plain language that is easy to understand.

6. Data retention

6.1. We retain your data, including documents, related to the complaint until 5 years after the termination of the customer relationship. In case of court proceedings, or other relevant proceedings, it may be required to extend the retention period beyond 5 years after the termination of the customer relationship.

6.2. You can find more information on how we process your data in Estateguru’s Privacy Notice.