1. GENERAL PROVISIONS
1.1. The Description of the Complaints Handling Procedure (hereinafter referred to as the Description) establishes the procedures for accepting, handling and making decisions on complaints of Titaris, UAB, company code 304923251, registered office at Rinktinės g. 5-101, LT-09234 Vilnius, Lithuania, known as Orbitos.io, (hereinafter referred to as the Company).
1.2. This Description has been prepared in accordance with the Law on Crypto-Assets Markets of the Republic of Lithuania (hereinafter referred to as the Law)
Definitions
The terms used in this Description shall be understood as defined in the Definitions section of this Description. Other terms used in this Description shall be understood as defined in the Civil Code of the Republic of Lithuania.
Complainant – a natural or legal person (hereinafter referred to as the Customer) who has established a business relationship with the Company to receive services, but is dissatisfied with the services not provided or provided improperly by the Recipient.
Complaint – an official statement submitted in writing in accordance with the procedure established by the Law, filled out according to a pre-established template publicly available on the Company website https://orbitos.io (provided for in Annex 1 of this Descripton) or in a free form regarding non-provided or improperly provided services by the Recipient to the Complainant, as a result of which the latter suffered damage or loss.
Recipient – the Company receiving a complaint from the Complainant regarding non-provided or improperly provided services.
2. REQUIREMENTS FOR COMPLAINTS
2.1. The Complaint must state all the circumstances related to the subject of the complaint and provide detailed information.
2.2. Any natural or legal person who has established a business relationship with the Company or any other interested party, including consumer associations representing holders of asset-linked tokens in connection with the issuance, offering or seeking admission to trading of asset-linked tokens in accordance with Regulation (EU) 2023/1114, has the right to file a complaint.
2.3. The Complaint shall be submitted in Lithuanian or English.
2.4. All documents supporting the Complaint shall be in Lithuanian or English, and if a translation is submitted, it shall be certified by a notary.
3. SUBMITTING COMPLAINTS
3.1. The Complainant can submit a Complaint, by filling out the Complaint Submission Form (the Complaint Submission Template is specified in Annex 1 of this Description) or by submitting a free-form complaint, and sending the supporting documents to the Company by e-mail specified: compliance@orbitos.io or by sending the completed printed Complaint Submission Form together with the printed supporting documents to the Company by mail at the address specified by the registered office: Rinktinės g. 5-101, LT-09234 Vilnius, Lithuania.
3.2. Customers who submit a Complaint electronically, must do so using the e-mail address associated with their Orbitos.io account.
4. ACCEPTANCE OF COMPLAINTS
4.1. The responsible employee of the Company shall, upon receiving a Complaint electronically or on paper, register the received complaint in a secure electronic journal.
4.2. The Complainant shall be sent a confirmation of the received Complaint indicating the date of receipt, storage location, and a copy of the complaint itself.
4.3. Upon receiving a paper Complaint, the responsible employee of the Company shall scan the Complaint itself and the supporting documents and save them in the Customer file.
4.4. The responsible employee of the Company shall save the Complaint and the supporting documents received electronically in the Customer file, but shall not print them.
4.5. Upon receiving the Complaint, the responsible employee of the Company shall check whether all necessary information and additional documents have been submitted. If the information provided is not accurate, the responsible employee of the Company contacts the Customer using the specified contact details and requests clarification or addition of the information so that the Complaint can be examined.
5. COMPLAINT HANDLING
5.1. Upon receipt of a Complaint and/or collection of all necessary information, the responsible employee of the Company shall examine the subject of the Complaint and take the necessary actions in order to examine the Complaint, make an appropriate decision and provide a reasoned response to the Complainant within the shortest possible time.
5.2. During the examination of the Complaint, the responsible employee of the Company shall collect all necessary information that would help to examine the subject of the Complaint.
5.3. The Company shall inform the Complainant about additional actions taken to examine the Complaint.
5.4. The Complaint shall be examined and a reasoned response shall be provided to the Complainant no later than within 15 calendar days from the date of receipt of the Complaint. In cases where the Complaint cannot be resolved within 15 calendar days, the responsible employee of the Company must notify the Complainant thereof, indicating the circumstances of the delay in providing a response and the deadline by which the Complaint will be resolved and the Complainant provided with a response. In any case, the final response deadline shall not exceed 35 working days.
5.5. The response to the Complaint shall be submitted in the same form in which the Complaint was submitted, unless the Complainant indicated in the Complaint that the response would be submitted in a different form.
5.6. The responsible employee of the Company must constantly analyze the reasons for the Complaints received, consider whether such reasons may also affect other processes or products, including those not directly complained about;
5.7. In order to ensure quality services, the Company must analyze such reasons and make appropriate decisions in order to eliminate the causes of the problems.
6. ADOPTION OF THE DECISION
6.1. The Company must immediately inform the Complainant about the decision made on the examined Complaint.
6.2. The content of the decision must be clear and detailed, justifying the reasons for the decision made by the Company.
6.3. The decision must be submitted to the Complainant in a clear and understandable language, in the same form in which the Complaint was submitted, unless the Complainant indicated in the Complaint that the response would be submitted in a different form.
7. APPEAL AGAINST THE DECISION ON THE EXAMINED COMPLAINT
7.1. The Complainant who has received a decision from the Company regarding the examined Complaint and does not agree with its conclusions has the right to apply to a competent institution or court.
7.2. All disputes are resolved in accordance with the applicable laws of the Republic of Lithuania.
8. PROCEDURE FOR HANDLING COMPLAINTS RELATED TO THIRD PARTIES
8.1. If the Complaint submitted by the Complainant is related to services provided by a third party, the Company must inform the Complainant thereof.
8.2. The Company must direct the Complainant to the third party service provider, providing all necessary contact information of the third party service provider, if known.
9. FINAL PROVISIONS
9.1. Filing and processing of a Complaint is free of charge.
9.2. Having filed a Complaint, the Complainant may, during the entire period of the complaint processing, contact the Company with a request to be informed about the progress of the Complaint processing, and the responsible Company employee must immediately provide the Complainant with the requested information.
9.3. All information related to Complaints is stored in accordance with the Law on Documents and Archives of the Republic of Lithuania.
9.4. This Description may be amended by a resolution of the Company Board.
9.5. All personal data is processed in accordance with the General Data Protection Regulation (GDPR) Regulation (EU) 2016/679.(BDAR)
General Data Protection Regulation (GDPR) – https://eur-lex.europa.eu/LT/legal-content/summary/general-data-protection-regulation-gdpr.html
Appendix 1 of the Description of the Complaints Handling Procedure
Template
| SUBMISSION OF A COMPLAINT |
1.a. Personal data of the complainant
| LAST NAME/ LEGAL ENTITY | FIRST NAME | PERSONAL CODE/ DATE OF BIRTH/ REGISTRATION NUMBER | LEI CODE (IF AVAILABLE) | CUSTOMER REFERENCE (IF AVAILABLE) |
| ADDRESS: STREET, NUMBER, FLOOR (In case the complainant is a | POSTCODE | CITY | COUNTRY |
| TELEPHONE | |
1.b. Contact details (if different from 1.a)
| LAST NAME/ LEGAL ENTITY NAME | FIRST NAME |
| ADDRESS: STREET, NUMBER, FLOOR (In case the complainant is a | POSTCODE | CITY | COUNTRY |
| TELEPHONE | |
2.a. Personal data of the legal representative (if applicable) (a power of attorney or other
official document as proof of the appointment of the representative)
| LAST NAME/ LEGAL ENTITY | FIRST NAME/ LEGAL ENTITY NAME | PERSONAL CODE/DATE OF BIRTH/REGISTRATION NUMBER | LEI CODE (IF AVAILABLE) |
| ADDRESS: STREET, NUMBER, FLOOR (In case the complainant is a | POSTCODE | CITY | COUNTRY |
| TELEPHONE | |
2.b. Contact details (if different from 2.a.)
| LAST NAME/ LEGAL ENTITY NAME | FIRST NAME |
| ADDRESS: STREET, NUMBER, FLOOR (In case the complainant is a | POSTCODE | CITY | COUNTRY |
| TELEPHONE | |
3. Information about the complaint
3.a. Full reference of the issuance, offer or seeking of admission to trading of an asset-referenced tokens or agreement to which the complaint relates (i.e. name of the issuers of asset-referenced tokens, Asset-Referenced Tokens reference number, or other references of the relevant transactions…)
3.b. Description of the complaint’s subject-matter
*Please provide documentation supporting the facts mentioned.
3.c. Date(s) of the facts that have led to the complaint
3.d. Description of damage, loss or detriment caused (where relevant)
3.e. Other comments or relevant information (where relevant)
In_____(place) on_____(date)
Signature
