Complaints Policy

MAKING A COMPLAINT

bitFlyer clients are welcome to address their issues to Customer Support at first to acquire prompt solutions towards them. Should the Customer Support provide a response which the client deems as unsatisfactory, or is unable to resolve the issue, or if the client is willing to undergo the formal complaints resolution process at once, then the client is recommended either to request the Customer Support to forward his issue to the Complaints Department, or submit his complaint directly to complaints-eu@bitflyer.com.

bitFlyer accepts complaints submitted via e-mail to complaints-eu@bitflyer.com.. While submitting the complaint in writing, the complainant (i.e. the client) should provide the following information to the Complaints Department to ensure faster resolution:

• The client’s name and surname;
• The client’s bitFlyer account ID number;
• The affected transaction numbers, if applicable;
• The date and time when the issue had been experienced; and
• A detailed description of the issue.

The Company shall communicate any and all of the complaints related information, its decisions and responses exclusively via e-mail, using the complainants e-mail address registered in the Company’s system.

INITIAL RESPONSE AND ACKNOWLEDGEMENT

bitFlyer shall provide an initial response to the complainant within 10 business days. The initial response shall include the following information:

• Acknowledgement that the complaint has been received by the Complaints Department;
• Name of the employee further handling the complaint and employee’s contact information;
• Any findings so far, or any other information that might be relevant to the issue;
• Complaint resolution time frames;
• A copy of Complaints Policy attached.

HOLDING RESPONSE

Should bitFlyer fail to conclude the investigation and provide the complainant with the final response within 1 month from the date the complaint has been acknowledged, bitFlyer shall issue a Holding Response.

This Holding Response shall inform the complainant of the reasons why bitFlyer has been unable to issue a Final Response to the submitted complaint as well as provide further indication of progress made on the investigation and when the complainant may expect to hear from bitFlyer next.

FINAL RESPONSE

Once bitFlyer concludes its investigation, an e-mail containing the summary of the investigation shall be sent to the complainant. Where appropriate such e-mail may include a final offer of redress.

Should bitFlyer fail to resolve the complaint to the complainant’s satisfaction, or the complainant finds the offer of redress insufficient or inappropriate, the complainant may request to have his complaint reviewed by a member of the management team of bitFlyer. In the event the complainant does not receive a satisfactory resolution or has not received a response from the management of bitFlyer within one month from the date of his request, the Final Response will hold contact information of the Commission de Surveillance du Secteur Financier Luxembourg, allowing the complainant to seek out-of-court resolution.

THE COMMISSION DE SURVEILLANCE DU SECTEUR FINANCIER (CSSF)

The CSSF is a public institution which supervises the professionals and products of the Luxembourg financial sector. Customers are advised to use one of the following means of communication to submit their complaint for out-of-court resolution within one year from the initial claim:

The full list of documents, that need to be submitted to the CSSF in support of such out-of-court resolution request can be found on the above mentioned website.

Customers are not obliged to accept any decision made by the CSSF in respect to their complaint and retain the right to further seek redress in court. However, should the decision made by the CSSF be accepted, it shall immediately become binding both on the complainant and bitFlyer.

SUBMITTING THE REQUEST TO CSSF

When submitting a complaint to the CSSF, the complainant should ensure that the request is supported by a statement of reason on which it is based together with the following documents:

• A detailed and chronological statement of the facts underlying the complaint and the steps already taken by the complainant;
• A copy of the prior complaint to bitFlyer;
• A copy of the answer to the prior complaint or the confirmation by the complainant that he/she did not receive an answer one month after he/she sent the prior complaint;
• The statement of the complainant that he/she did not refer the matter to a court, an arbitrator, or another out-of-court complaint resolution body in Luxembourg or abroad;
• The agreement of the complainant with the request handling conditions of the CSSF as body responsible for the out-of-court resolution of his/her complaint;
• The express authorization of the complainant so that the CSSF can transmit its request (including the attachments) as well as any future correspondence or information to bitFlyer;
• In the case where a person acts on behalf of a complainant or on behalf of a legal person, a document showing that the person is legally entitled to act so;
• A copy of a valid ID document of the complainant (natural person) or, where the complainant is a legal person, of the natural person representing this legal person.

INADMISSIBLE REQUESTS

Should a complainant decide to mediate his complaint with CSSF, the complainant should consider that the CSSF shall not accept his/her complaint in the following cases:

• The complaint has been previously or is currently being examined by another alternative dispute resolution body, arbitrator, arbitration tribunal or a court, in Luxembourg or abroad;
• The complaint concerns the business policy of bitFlyer;
• The complaint concerns a non-financial product or service;
• The request is unreasonable, frivolous and vexatious;
• The complaint has not been previously submitted to bitFlyer;
• The complainant has not filed a request with the CSSF within one year after he/she filed a request with bitFlyer;
• The request handling would seriously impair the efficient functioning of the CSSF;
• The request has been submitted in a language other than in Luxembourgish, German, English or French.

UNACCEPTABLE ACTIONS

Occasionally, the behaviour or actions of individuals may create a situation where bitFlyer may find it difficult to provide proper complaints handling. bitFlyer understands that some issues that are complained of may raise frustration of the complainant, however, if this escalates into any aggression (regardless the form and method) towards bitFlyer staff, it will be considered unacceptable. Any violence or abuse towards staff will not be accepted.

Violence is not restricted to acts of aggression that may result in physical harm. It also includes behaviour or language (whether verbal or written) that may cause staff to feel afraid, threatened or abused, and may include threats, personal verbal abuse, derogatory remarks and rudeness. bitFlyer also considers inflammatory statements and unsubstantiated allegations to be abusive behaviour.

bitFlyer also recognizes unreasonable demands to be a form of abusive behaviour, where the demand becomes unreasonable, when it starts to impact substantially the work of the Complaints Department. Examples may include:

• Repeatedly demanding responses within an unreasonable timescale;
• Insisting on speaking to a particular representative of the Company, when that is not possible;
• Repeatedly changing the substance of a complaint or raising unrelated concerns.

Should bitFlyer identify the actions of the complainant as unacceptable it shall act to protect its employees. Examples of such actions may include restricting communication to written form, or refusing further communication as such, should abusive or offensive language be used in correspondence. In cases of threats involving physical violence bitFlyer may file a report to the respective law enforcement institutions.

Nevertheless, bitFlyer shall always inform the complainant of what actions are taken and why.

POLICY REVIEW (QUALITY CONTROL)

In its effort to improve the provided services bitFlyer shall have the Head of Compliance review all complaints on a quarterly basis for the identification of systemic or recurring issues. Should such issues be identified, bitFlyer shall consider what actions it may take to address or have them rectified.

The Head of Compliance, or appropriate appointee, shall review the Complaints Policy periodically, and at least annually, to enhance its delivery of efficient and effective outcomes. bitFlyer shall observe the recommendations made and consider what actions can be taken to address the identified deficiencies.