1.          GENERAL PROVISIONS

1.1. Daskapital carries out crowdfunding activities, within the scope of which it guarantees its users the right to complain.

1.2. Daskapital aims to provide a service of excellence and this aim is reflected in the design of all its services and products. In the event that any of the services or products do not function correctly or according to expectations, we encourage platform users to exercise their right to complain, and even on these occasions Daskapital intends to maintain its commitment to quality and an impeccable level of service. To this end, and in compliance with all regulatory obligations, namely the requirements set out in Directive 2014/65/EU of the European Parliament and of the Council of May 15, 2014, Daskapital has established procedures for the swift and appropriate handling of complaints, at no cost to users.

1.3. This Complaints Handling Policy complies with the General Laws of the Portuguese Republic and the provisions of Regulation (EU) 2020/1503 of the European Parliament and of the Council of October 7, 2020 on European providers of crowdfunding services to entities, and the terms used herein shall be interpreted accordingly, unless otherwise specified.

1.4. The procedure for handling complaints (this Complaints Handling Policy document) is available and easily accessible place on Daskapital website (www.daskapital.eu).

2.          DEFINITIONS

2.1. Unless otherwise specified, for the purposes of this document, the words and expressions listed below shall have the following meanings:

2.1.1. "Personal Data" means any information of any nature and regardless of its medium, including sound and image, which allows the identification of a natural person directly or indirectly;

2.1.2. "Daskapital", Das Kapital, Lda. private limited company, NIPC Nº 516 460 730, with an equity of 50.000.00 (fifty thousand euros) and with registered offices at Rua do Pereiro, número 291, Ul, 3720-593 Oliveira de Azeméis, Portugal, responsible for managing the Daskapital websites/platforms, or other entities with which it is in a control or group relationship, such as Daskapital - Crowdfunding S.A. and Daskapital España S.L.; in certain contexts, the same as Daskapital Platform;

2.1.3. "Investor" means an entity or entities (individuals, SMEs, Companies, Associations, Public or Private Institutions, other Organizations or Legal Persons) that intend to make investments and that have created an account on the Daskapital Platform, having accepted its General Terms and Conditions and Privacy Policy;

2.1.4. "Law" means the General Laws of the Portuguese Republic or Regulation (EU) 2020/1503 of the European Parliament and of the Council of October 7, 2020 on European providers of crowdfunding services to entities;

2.1.5. "Daskapital Platform", an information system based on the Internet and accessible to the public at www.daskapital.eu, to be operated or managed by Daskapital which, operating in accordance with EU regulations and other applicable legislation, allows Promoters to present Collaborative Financing Projects and credit assignment proposals to obtain liquidity and funding from Investors;

2.1.6. "Project" means a project intended to meet business, professional, scientific, research or other needs, with the exception of consumption, to be published and/or posted on the Platform, for the execution of which the Project Owner or Promoter is seeking to raise funds;

2.1.7. "Project Owner or Promoter" means entity(ies) (SMEs, Companies, Associations, Public or Private Institutions, other Organizations or Legal Persons, and, in some cases, individuals or natural persons) seeking funding or liquidity from Investors and who have created an account on the Daskapital Platform, having accepted its General Terms and Conditions and Privacy Policy;

2.1.8. "User" means the universe of Promoters and Investors as defined above.

2.2. All other terms used in this document shall be understood in accordance with the Laws of the Portuguese Republic.

3.          COMPLAINTS HANDLING PROCEDURE

3.1. Complaints must be submitted by Users by filling in a standard template/form, in accordance with Annex I of this document, and available at www.daskapital.eu.

3.2. Daskapital's complaints handling procedure stipulates that complaints can be submitted in writing by the following means:

1. E-mail to complaints@daskapital.eu;

2. Letter, addressed to Daskapital, Rua Alfredo Allen, nr. 455/461, Sala 2.04, 4200-135 Porto, Portugal;

3.3. The complaint must include all the elements necessary for its analysis, namely, a clear identification of the complaining user, including their full name, email address and telephone number, a clear description of the facts motivating the complaint and be accompanied by all the documents or elements demonstrating them.

3.4. All complaints must be analyzed by the Compliance Officer, however, Daskapital may communicate a reasoned rejection of the complaint in specific cases, namely:

1. in cases where, after warning the complainant and after the stipulated period has elapsed, essential elements for the identification and processing of the complaint are still missing, or the complaint remains unintelligible;

2. in cases where there is a duplicate complaint from the same complainant.

3.5. The date of receipt of the complaint for the purposes of calculating deadlines is considered:

1. the working day following the day of dispatch, if the complaint is sent by e-mail;

2. the 5th working day following its dispatch, if the complaint is sent by post.

3.6. Within 5 working days of receiving the complaint, Daskapital must analyze the complaint and identify the cause.

3.7. Within a maximum of 10 working days of receiving the complaint, Daskapital must notify the complainant, via the e-mail address provided by the complainant, of the result of the analysis carried out and, if appropriate, the justification and proposal for resolving the complaint. If it has not yet been possible to reach a conclusion, Daskapital must explain the reasons and inform the complainant of the expected date of conclusion.

3.8. Within a maximum of 60 days of receiving the complaint, Daskapital will communicate, via e-mail, the final result of the analysis carried out, including, where appropriate, a justification of the facts and a proposal for resolving the complaint.

3.9. If Daskapital's final decision is not reached within 60 days of receiving the complaint, or if it is unsatisfactory within that period, the complainant has the following options, among others:

1. Forward the complaint to the Portuguese Securities Market Commission (CMVM), Daskapital's regulator, whose mission includes, in addition to supervising and regulating the financial instruments markets and the agents that operate in them, the protection of investors, directing the matter to the Investor Relations Department (DRI), which is responsible for receiving and assessing complaints against companies regulated by the CMVM.

2. Filing a complaint with an Arbitration Center, for example, the CNIACC (National Center for Information and Arbitration of Consumer Conflicts) or CICAP (Consumer Conflict Arbitration Center), for alternative dispute resolution

3. File a complaint on the European Commission's online dispute resolution platform (www.ec.europa.eu/consumers/odr/), which allows you to send a complaint from any European country via the online complaint form.

3.10. All complaints received will be archived and kept on file for a period of no less than 7 years.

3.11. The register of complaints will be accompanied by a survey of responses and actions taken, as well as actions to be taken in the future.

4.          CONTACT US

4.1. Daskapital
Rua Alfredo Allen, nr. 455/461, Sala 2.04, 4200-135 Porto, Portugal
Website: www.daskapital.eu
Email: complaints@daskapital.eu

4.2. CMVM
Rua Laura Alves, nº. 4, apartado 14258, 1064-003 Lisboa
Telephone: +351 800 205 339
Email: cmvm@cmvm.pt
Website: www.cmvm.pt

4.3. European Commission
Online Dispute Resolution: www.ec.europa.eu/consumers/odr/

Last updated: October 7, 2024