TITLE I. SUBJECT MATTER AND SCOPE

Article 1.- Purpose

1.1. The purpose of these regulations is to regulate the operation of the Customer Care Service (hereinafter, the "CCS"), in order to provide the services determined in Order ECO/734/2004, of 11 March, on customer care departments and services and the customer ombudsman of financial institutions (hereinafter, the "Order"); subject to the principles of transparency, independence, efficiency, coordination, speed and security.

1.2. The purpose of the CCS is to attend to and resolve complaints and claims submitted by customers and users of financial services, related to their legally recognised interests and rights, whether they derive from contracts, transparency and customer protection regulations or good financial practices and uses, in particular, the principle of fairness.

Article 2.- Scope of application

2.1. The CCS shall, in accordance with the requirements and limitations described in these regulations, hear claims and complaints submitted by customers and users of the various services provided by the entity MI ENVIO, ENTIDAD DE PAGO, S.L.U. (hereinafter, "Mi Envio").

2.2. For the purposes set out in this Regulation, the following shall be considered as:

1. Complaints, those referring to the operation of the services provided to customers and users by Mi Envío and presented due to delays, lack of attention or any other type of deficient performance observed in its operation.
2. Complaints, those submitted by customers and users of financial services who state, with the aim of obtaining the restitution of their interest or right, facts, referring to actions or omissions by Mi Envío that involve, for the person who formulates them, a prejudice to their interests or rights due to noncompliance with contracts, transparency and customer protection regulations or good financial practices and usages.
3. Customer of Mi Envio services, who is directly legally related to Mi Envio as a consequence of a provision of services.
4. User of Mi Envio services who uses, even occasionally or in isolation, any of the Mi Envio financial services.
5. Transparency and customer protection rules are those that contain specific precepts referring to Mi Envío and which, in order to protect the legitimate interests of customers, establish a set of specific obligations applicable to contractual relations between them, require communication of the basic conditions of transactions and regulate certain aspects of their advertising, rules of conduct and information.
6. Good banking practices are those which, without being imposed by contractual or supervisory regulation or constituting financial usage, are reasonably required for the responsible, diligent and customer-friendly conduct of financial business.

2.3. Complaints and claims must refer to events that have occurred, been produced and/or agreed and must be submitted before five (5) years have elapsed from the date on which the events complained of occurred, always respecting the minimum period of two years from when the customer or user became aware of the events that caused them.

TITLE II. CUSTOMER SERVICE

Article 3.- Mission
3.1. The mission of the CCS is to protect the legitimate rights and interests of customers and users of the various financial services provided by Mi Envio; to this end, it will deal with complaints and claims submitted to it and advise customers, users, and Mi Envio's managers and employees on their rights in terms of transparency and customer protection.

Article 4.- Organisational structure of the CCS and autonomy of its decisions
4.1. The established organisational structure ensures that the SAC takes its decisions autonomously and avoids conflicts of interest.

4.2. The SAC and its head report hierarchically to the General Manager of Mi Envío, who in turn reports to the entity's Management Committee, with total independence and autonomy from Mi Envio's commercial and operational services.

4.3. In order to fulfil its purposes, the CCS must have the technical, organisational, material and human resources necessary for the performance of its function, subject to the principles of transparency, independence, efficiency, coordination, speed and security detailed in Article 6 of the Order.

4.4. All members of the CCS shall keep secret all data and information they receive in the performance of their duties and may not use them for their own benefit or provide them to third parties, without prejudice to the obligations of transparency and information imposed by current legislation. They shall carry out their functions avoiding conflicts of interest, communicating them, in any case, to their hierarchical superior, if they could not be avoided, abstaining from hearing the matter and ceding competence to another member of the CCS.

4.5. With regard to conflicts of interest of the CCS, in any case, management and control measures are set out in Annex II to this Regulation.

Article 5.- Functions of the SAC
5.1. In carrying out its role, it is the responsibility of the SAC:

1. To hear and resolve complaints and claims made by customers and users in relation to the cases envisaged in article 2 of these Regulations.
2. To present to the General Manager and to the corresponding departments at his request, any reports, recommendations and proposals, in all those aspects that fall within his competence, and which, in his opinion, may strengthen the good relations and mutual trust that should exist between Mi Envio and its clients and service users.

Article 6.- Head of the SAC
6.1. The holder of the CCS is appointed by the Sole Administrator of Mi Envio, for an indefinite term, from among those who are employees of Mi Envio and who, in the opinion of said representative, meet the conditions of commercial and professional integrity, with adequate knowledge and experience to perform their functions. The appointment will be communicated to the Bank of Spain, as well as to the corresponding supervisory body.

6.2. Ownership of the SAC shall be incompatible with the exercise of any other private activity, whether self-employed or employed. It shall also be incompatible with the holding of any public office or public activity, unless such office or activity is a direct or indirect consequence of holding the SAC.

6.3. Those who are subject to criminal proceedings for fraudulent offences, those who appear in asset solvency registers with obligations pending compliance, those who have been disqualified from holding administrative or management positions in financial institutions, those who have been sanctioned as responsible for committing offences defined by the laws regulating the activities carried out by the economic groups created by credit institutions may not be eligible for election.

6.4. Since the appointment of the CCS's head is for an indefinite term, the Sole Administrator may dismiss him at any time, giving reasons for his decision - provided that such dismissal is not related to the outcome of the resolutions on complaints and claims by the CCS - and notifying the head and the Banco de España, as well as the relevant financial supervisory body, in writing. In any event, it shall be terminated when any of the following causes arise:

1. For the loss of the requirements that condition their eligibility in accordance with this Regulation and the applicable regulations.
2. In the event of death or supervening incapacity.
3. By resignation or resignation from office.
4. For termination of their employment relationship with the entity.
5. By reasoned agreement of the Sole Administrator of the entity in the event of serious breach of his duties.
6. For having been disciplinarily sanctioned in accordance with the labour regulations in force.
7. For having been convicted of a crime by a final judgment.

6.5. The holder of the SAC may resign from the SAC by duly notifying the Sole Administrator.

6.6. Once the position becomes vacant for any of the reasons described above, the Sole Administrator of Mi Envío shall appoint a new SAC holder within thirty days immediately following the date on which the vacancy occurred.

TITLE III.- THE OBLIGATIONS OF MI ENVIO AND ITS DEPARTMENTS TOWARDS THE SAC AND INFORMATION OBLIGATIONS

Article 7.- Guarantee of the autonomy and adequacy of the CCS to its functions
7.1. Mi Envio shall adopt any measures necessary for the best performance of its functions by the CCS, ensuring, in particular, the absolute autonomy of its actions.

7.2. In addition, Mi Envio shall adopt the appropriate measures to ensure that the procedures foreseen for the transmission of the information required by the CCS to the rest of the organisation's services comply with the principles of speed, security, efficiency and coordination.

7.3. Mi Envio shall ensure that the Service is equipped with the appropriate human, material, technical and organisational resources for the performance of its functions. In particular, they shall take the necessary actions to ensure that the Service's staff has adequate knowledge of the regulations on transparency and protection of financial services customers.

Article 8. Adequacy of information to the CCS for the performance of its functions
8.1. All Mi Envio departments have the duty to provide the CCS with all the information requested in relation to the operations, contracts or services provided by them, which are the subject of complaints or claims by their customers and users, when they refer to matters within the scope of their competence, and to ensure that all their managers and employees provide the appropriate collaboration.

Article 9. Information to customers on the functioning of the CCS
9.1. Mi Envio will make the following information available to its customers on its website and in each and every one of the offices that it may open to the public:

1. The existence of the CCS with an indication of the postal and e-mail contact address;
2. The obligation on the part of Mi Envio to attend to and resolve the complaints and claims presented, within the obligatory deadlines established in the Regulations, computed from the presentation of the complaint or claim;
3. Reference to the Banco de España's Complaints Service, specifying its postal and email address, and the need to exhaust the CCS channel in order to file complaints and claims with them;
4. Access to the current Operating Regulations of the CCS, duly approved by the Sole Administrator of Mi Envio and verified by the Bank of Spain;
5. References to transparency and customer protection regulations for financial services;

TITLE IV. COMPLAINTS AND CLAIMS AND THE HANDLING THEREOF

Article 10.- Object and purpose
10.1. Complaints and claims must be based on Mi Envio contracts, operations or services of a financial nature in respect of which a complaint or claim has been made. treatment that the customer or user of financial services considers contrary to good banking practices and practices, and which affects legally recognised interests and rights, whether they derive from contracts, transparency and customer protection regulations or good financial practices and practices, in particular the principle of fairness.

10.2. The procedure for the presentation, processing, resolution and notification of complaints and claims is intended to deal with and resolve complaints and claims presented by customers and users, and to rule on them within the legally established period, counted from their presentation at any Mi Envio office.

Article 11.- Excluded subjects
11.1. They are, in any case, excluded from the competence of the CCS:

1. Complaints and claims relating to labour relations between Mi Envio and its employees, as well as corporate relations.
2. Complaints and claims referring to Mi Envio's discretion regarding the performance of certain contracts, operations or services, as well as those agreements or conditions in which this is established, except when the content of the complaint or claim refers to the existence of a delay or negligence in taking the corresponding decision by Mi Envio.
3. Complaints and claims aimed at preventing, hindering or delaying, with manifest intent, the exercise of any of Mi Envio's rights vis-à-vis the customer or user.
4. Complaints and claims that may be raised by Mi Envio customers who are non-residents in Spain, unless they refer to their relations with transactions carried out in Spain, with the exception of the exclusion of the CCS's competence with respect to those contracts made under Law 22/2007, of 11 July, on the distance marketing of financial services for consumers.

Article 12.- Presentation of complaints and claims
12.1. Place of presentation.

12.1.1. Customers and users of the services provided by Mi Envio may submit complaints and claims addressed to the SAC at:

1. the management of the SAC;
2. the registered office of Mi Envio,
3. any of the Mi Envio offices, if any, that are open to the public,
4. by computer, electronic or telematic means, provided that they comply with the requirements established in Law 6/2020, of 11 November, regulating certain aspects of electronic trust services on recognised electronic signatures and recognised electronic certificates, or electronic national identity card.

12.2. Form of presentation.

12.2.1. The presentation may be made in person or by proxy, on paper, or by computer, electronic or telematic means, provided that, in the latter case, the provisions of number (d) of section 12.1 above are complied with. The presentation and processing of complaints and claims shall be free of charge, and the customer may not be required to pay any payment for this concept.

12.2.2. Users or customers may submit their complaints and claims through a representative, who shall be understood to be the representative of the actions, unless the customer or user expressly declares otherwise. Any person with the capacity to act may act on behalf of another. Representation may be accredited by any legally valid means that provides reliable proof of representation. The lack or insufficient accreditation of representation shall not imply the rejection of the complaint or claim, in which case the procedure shall be in accordance with the stipulations of section 13.2 of these regulations.

12.2.3. When there are several interested parties in a complaint or claim, the proceedings to which they give rise shall be carried out with the representative or claimant that they have expressly indicated and, failing that, with the one who appears first in the complaint or claim.

12.2.4. Those addressed, even in writing, to the Sole Administrator of Mi Envio or to members of the Management Committee shall be communicated to the CCS to be processed in the manner set out in the following section.

12.3. Start of the procedure

12.3.1. The procedure is initiated by the submission of a document stating:

1. Name, surname and address of the interested party and, if applicable, of the person representing him/her, duly accredited; national identity card number for natural persons and data referring to public registry for legal entities; as well as identification of the preferred means or place indicated for the purpose of notifications.
2. Reason for the complaint and claim, with clear specification of the issues on which a ruling is requested and the amount of money claimed, if any.
3. Identification of the department or service or, where appropriate, the office open to the public where the facts that are the subject of the complaint or claim occurred.
4. Statement by the complainant that he/she is not aware that the matter that is the subject of the complaint or claim is being dealt with through administrative, arbitration or judicial proceedings.
5. Place, date and signature.
6. Signature of the applicant or accreditation of the authenticity of his will expressed by any reliable means.

12.3.2. Where the claims of several persons are identical or substantially similar in content and substance, they may be submitted in a single instance.

12.3.3. Customers and users who submit complaints and claims shall be given a receipt (article 30 of Law 44/2002, on Financial System Reform Measures) that accredits the date of submission at any of the entity's offices listed in the first paragraph of article 12.1.1 of these regulations, with a copy showing the date of submission noted by the office or department where it was submitted being accepted as such.

12.3.4. Mi Envio will make standardised forms for complaints and claims available to customers and users on its website, at its registered office and, where applicable, at its offices open to the public.

12.3.5. Customers and users may submit the elements they deem appropriate, including documentary evidence in their possession that supports their complaint or claim, which must be admitted and taken into account by the CCS.

12.4. Time limit for the submission of complaints and claims and time limit for their resolution.

12.4.1. The maximum period for the submission of complaints and claims shall be five (5) years from the date on which the events complained of occurred, always respecting the minimum period of two years from the date on which the customer or user became aware of the events giving rise to the complaints and claims.

12.4.2. The deadlines for resolving claims shall be fifteen (15) working days from receipt of the claim. Notwithstanding the foregoing, the exception provided for in section 2 of article 69 of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures for payment services, which establishes the following, shall apply that "in exceptional situations, if a reply cannot be provided within 15 working days for reasons beyond the control of the payment service provider, the payment service provider shall send an interim reply, clearly stating the reasons for the delay in replying to the complaint and specifying the time limit within which the payment service user will receive the final reply. In any case, the deadline for receipt of the final reply shall not exceed one month".

12.5. Data processing

When complaints or claims involve the processing or communication of users' personal data, due legitimacy will be required in accordance with the provisions of the regulations on Personal Data Protection (articles 6 to 9 of Regulation (EU) 2016/679 of the Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and articles 6 and 7 of Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights and concordant).

Article 13.- Admission for processing
13.1. Once a complaint or claim has been received under the terms established in the previous article and, regardless of whether it has been submitted to the CCS or to any of the bodies provided for in these Regulations, the CCS shall analyse whether it is admissible for processing and shall proceed to open the corresponding file, acknowledging receipt thereof to the claimant with an indication of the date of receipt, and shall record the date of submission for the purposes of calculating the deadline for resolving the file.

13.2. If the complaint or claim submitted does not sufficiently accredit the identity of the claimant, or if the facts that are the object of the complaint or claim cannot be clearly established, the signatory will be requested to complete the documentation submitted within ten calendar days, with the warning that if this is not done, the complaint or claim will be filed without further processing. This period shall not be included in the calculation of the time limit for resolution.

13.3. However, if the claimant provides the documentation required by the Customer Service Department after the deadline set out in the previous paragraph, a new complaint file will be opened, which will be processed in accordance with the provisions of these Regulations.

13.4. Upon receipt of the complaint or claim, the CCS shall decide whether it is admissible for processing within the legal deadline, and shall immediately notify the claimant of its decision, indicating, in the event that it is rejected, on the basis of which of the assumptions set out in point 14.1 of these Regulations the complaint or claim is inadmissible for processing.

13.5 When a complaint or claim is declared inadmissible for any of the aforementioned reasons, the interested party will be informed by means of a reasoned decision, informing them that they have a period of ten calendar days in which to present their allegations.

13.6 When the interested party has replied and the reasons for non-admission are maintained, the final decision will be communicated to the interested party, indicating the right he/she has to go to the Banco de España Complaints Service.

Article 14.- Section on the admissibility of complaints and grievances
14.1 Complaints and claims may only be rejected as inadmissible in the following cases:

1. When essential data for processing that cannot be rectified are omitted, including cases in which the reason for the complaint or claim is not specified.
2. When it is intended to process, as a complaint or claim, different appeals or actions which fall within the competence of administrative, arbitration or judicial bodies, or the same is pending resolution or litigation or the matter has been resolved in those instances.
3. When the facts, the reasons and the request specifying the issues that are the subject of the complaint or claim do not refer to specific transactions or do not relate to their legally recognised interests and rights, whether they derive from contracts, transparency and customer protection regulations or good financial practices and uses, in particular, the principle of fairness.
4. When complaints or claims are made, which reiterate other previously resolved complaints or claims that have been processed in accordance with the provisions of these regulations, by the same user or customer in relation to the same facts
5. When the period for the submission of complaints and claims established in section 12.4.1 of these regulations has elapsed.

Notwithstanding the above, the complainant shall have the right to remedy, after the deadline, the cause for which his or her complaint or claim has been rejected.

14.2 If the CCS becomes aware of the simultaneous processing of a complaint or claim and an administrative, arbitration or judicial procedure on the same matter, it shall refrain from processing the complaint or claim through the procedure provided for in these regulations.

Article 15.- Processing
15.1. Once the complaint or claim has been received, its processing begins, with the opening of the file and the study of the fulfilment of the requirements demanded for its admission for processing.

15.2. The CCS will obtain from the different departments, services and, where appropriate, offices of Mi Envio, the information necessary for the reasoned resolution of the complaint or claim. For the purposes of resolving the procedure, they may request from the offices, departments or services of the group such reports as they deem necessary to understand the financial product about which the complaint or claim is filed or about its operational or management functioning. The request for a report shall specify the matter or matters about which information is requested. All requests for information shall expressly state the regulatory deadline for replying, a regulatory deadline that also applies to the abovementioned reports.

15.3. In compliance with the provisions of Article 8(3)(d) of the Order, all departments, services and offices of Mi Envio must provide the CCS with any information, documentation and means of proof requested in the exercise of its functions, subject to the principles of speed, security, efficiency and coordination.

Article 16.- Finalisation of the file and notification of the decision
16.1. The file must be finalised by means of a Resolution within the period established in these Regulations, and always from the date on which the complaint or claim was filed. Failure to reach a resolution within the corresponding period shall entitle the claimant to refer the matter to the Banco de España's Complaints Service.

16.2. The decision shall always be reasoned, may recognise economic rights in favour of the customer, and shall contain clear conclusions on the request made in each complaint or claim, based on the contractual clauses, the applicable rules of transparency and customer protection, as well as good financial practices and usages, so that in the event that the decision deviates from the criteria expressed in previous similar cases, the reasons for this must be provided.

16.3. This decision is binding for the institution but not for the claimant, who, if he accepts it, will not have to renounce any subsequent right or instance in defence of his interests.

16.4.The Resolution will be notified to the interested parties within ten calendar days of its date, in writing or by computer, electronic or telematic means, provided that these allow the reading, printing and conservation of documents, and meet the requirements of Law 6/2020, of 11 November, regulating certain aspects of electronic trust services, as designated by The customer shall be informed expressly and, in the absence of such indication, by the same means by which the complaint or claim was submitted.

16.5. The decisions issued shall expressly mention the claimant's right to appeal to the Banco de España's Complaints Service in the event of disagreement with the outcome of the decision.

In both cases, i.e. if the claimant does not agree with the CCS's resolution, or if the CCS does not resolve the complaint or claim and the period of fifteen working days has elapsed - or such period as the CCS may exceptionally indicate in accordance with the exception provided for in section 12.4.2 of this Regulation, and provided that the claimant is a consumer, he/she shall be advised that he/she has a maximum period of one year, calculated from the filing of the complaint or claim with the institution or its CCS through any of the channels allowed for this purpose, to go to the complaints service of the corresponding financial supervisor.

16.6. The procedure will be terminated by Mi Envio's acquiescence, the withdrawal of the interested party or the decision issued by the SAC.

16.7. If, in view of the complaint or claim, Mi Envio rectifies its situation with the claimant to the latter's satisfaction, it must notify the CCS and justify it with documentary evidence.

16.8. Interested parties may withdraw their complaints and claims at any time, with the complaint or claim being archived. In any case, the withdrawal must be in writing and express, and if the complaint or claim has been formulated by two or more persons, the withdrawal will only affect those who have made it in the manner established above.

Article 17.- Incompatibility of simultaneous actions and interruption of the limitation period
17.1. Complaints or claims submitted to the CCS shall be incompatible with the simultaneous exercise of any other claim actions on the same matter. Thus, when it becomes aware of the simultaneous processing of a complaint or claim and an administrative, arbitration or judicial proceeding on the same matter, the CCS shall refrain from processing the former.

Article 18.- Interruption of the period of limitation of actions
18.1. The submission of a complaint to the CCS implies acceptance of these Regulations and shall have the effects of interrupting the statute of limitations on actions that article 1,973 of the Civil Code recognises for out-of-court complaints.