Complaints Policy.

Complaints Policy

K2 strives for excellence in everything we do. Occasionally, however, we will fall short of the high expectations our business associates, clients and partners have for us. When that happens, we want to know. This allows us to consider what has happened and have a chance to rectify any mistakes we may have made.

K2’s complaints policy covers all types of complaint, to ensure that all complaints are treated with due consideration, fairness and equitability. It covers all services and products which we deliver directly, or are delivered by third parties on our behalf; and also the behaviour and conduct of K2’s staff, and that of our contractors.

This complaints policy cannot be used where K2 has in place other policies or procedures that cover specific areas such as by staff who should refer to the staff grievance policy/procedure.

General complaints

If you have a general complaint about someone or something at K2, please address your correspondence to info@k2partnering.com. We will review your concerns and respond to you within 28 days of receipt of your complaint.

General Data Protection Regulations (GDPR) complaints

If you wish to complain to K2 about how your personal information has been processed, your GDPR complaint has been handled, or appeal against any decision made following a complaint, you can do so by following the steps below.

Procedure for handling and escalation of GDPR related complaints:

1. Complaints regarding how your personal information has been processed can be submitted in one of the following ways:

• By email to our Data Protection Officer, Maurizio Scozzafava, at dataprotection@k2partnering.com
• By post to K2 Partnering Solutions Holding Co Ltd, FAO Data Protection Officer, 2nd Floor, Broad Street House, 55 Old Broad Street, London, EC2M 1RX, United Kingdom.

K2 will acknowledge receipt of the complaint within three working days.

2. The Data Protection Officer will review and respond in writing to your complaint within 28 working days of receipt of the complaint. If an extension is required, this will be with the agreement of both parties and up to a maximum of a further 10 working days.

3. If you remain dissatisfied, you may forward your complaint to K2’s lead supervisory authority. K2’s selected European Union supervisory authority is “Garante per la Protezione dei Dati Personali”. You can contact them at urp@gpdp.it. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/. Alternatively, you can lodge a complaint with a supervisory authority in the country your of residence.

Anonymous Complaints

Complaints submitted anonymously will be considered if there is enough information in the complaint to enable K2 to make further enquiries. If, however, an anonymous complaint does not provide enough information to enable us to take further action, we may decide not to pursue it further.

However, K2 may give consideration to the issues raised, and will record the complaint so that corrective action can be taken as appropriate. Any decision not to pursue an anonymous complaint will be authorised by the Data Protection Officer. If an anonymous complaint contains serious allegations, it will also be reviewed by an independent member.

Abusive, persistent or vexatious correspondence and complaints

It is important to distinguish between people who make a number of complaints because they really think things have gone wrong, and people who are simply being difficult. It must be recognised that complainants may sometimes act out of character at times of anxiety or distress and we make reasonable allowances for this.

K2 might consider the following complaints vexatious or abusive:

• Persisting in a complaint after being advised that there are insufficient or no grounds for their complaint or that K2 is not the appropriate authority.
• Refusing to co-operate with the complaints process, without good reason, whilst still wanting their complaint to be resolved, including a failure or refusal to specify the grounds of a complaint despite offers of assistance, changing the basis of the complaint as inquiries are made and introducing trivial or irrelevant new information and expecting this to be taken into account and commented on.
• Submitting repeat complaints, after the complaints procedure has been completed, essentially about the same issues, with additions/variations which the complainant then insists on being treated as new complaints and put through the full complaints procedure again.
• Refusing to accept the outcome of the complaint procedure after its conclusion, repeatedly arguing the point, complaining about the outcome, and/or denying that an adequate response has been given.
• Harassing or verbally abusing or otherwise seeking to intimidate staff dealing with their complaint or correspondence, by using foul or inappropriate language, by the use of offensive and racist language and/or making what would appear to be groundless complaints about those staff.
• Making an unreasonable number of contacts to K2, by any means, in relation to a specific complaint or correspondence including making persistent and unreasonable demands or expectations of staff and/or the procedure after the unreasonableness has been explained (such as insistence on immediate responses to numerous, frequent and/or complex letters, faxes, telephone calls or emails).
• Recording meetings and conversations without the prior knowledge and consent of the other person involved.
• Unreasonably pursuing multiple lines of enquiry regarding the same issue, for instance, persistently pursuing a complaint or complaints not only with K2 but at the same time with other organisations or individuals.

K2 will firstly ensure that correspondence and/or complaints are being, or have been, investigated properly. K2 recognises that failing to deal with an issue promptly or properly can lead people to behave in ways we might otherwise characterise as vexatious or abusive. If a decision has been taken to record the complaint formally, K2 then has to decide on the next steps.

Prior to any decision to treat a complaint or correspondent as vexatious or abusive, K2 will issue a warning to the complainant. The complainant will be contacted either by phone, in writing or by email to explain why this behaviour is causing concern, and asked to change this behaviour. K2 will also warn of the actions that may be taken if the behaviour does not change. If the behaviour continues, the Data Protection Officer will decide whether to limit contact from the individual and to what extent. Any restriction that is imposed on contact with K2 will be appropriate and proportionate and will be subject to review. The kinds of restrictions which may be imposed are:

• Limiting contact to a specific mailbox or one named member of staff.
• Refusing to accept telephone calls.
• Only accepting telephone contact through a third party for example via a solicitor/friend acting on their behalf.
• Indicating that correspondence will not be responded to unless substantially new matters are raised (this implies that all incoming correspondence will be read).
• Blocking the individual’s email address so that it is not received by K2 (this will only be done in extreme cases after all other avenues have been tried).

When the decision has been taken to apply this policy, the individual will be written to with reasons for the decision and what action K2 is taking. That decision may be amended if the individual continues to behave in a way which is unacceptable. Where the behaviour is so extreme or it threatens the immediate safety and welfare of staff, K2 may consider other options, for example reporting the matter to the police or taking legal action.

Adequate records will be retained by the Data Protection Officer of the details of the case and the action that has been taken and retain a record of:

• The name and address of each individual who is (or whose complaint has been) treated as abusive, vexatious or persistent;
• When the restriction came into force and ends;
• What the restrictions are; and
• When the individual and members of staff were advised.