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Compliance

JIVA provides Business Process Outsourcing (BPO) solutions to Global Financial Services companies in areas such as Mortgage Processing, Customer Service and Customer Acquisition. Compliance is challenging in today’s environment of enhanced focus on Customer Privacy and fast changing regulations. The Audit and Compliance Department at JIVA was established with a view towards assuring complete commitment to Customer Privacy.

The JIVA Audit and Compliance Team keep abreast of the latest legislations and ensures strict adherence to the same. This is done by:

bullet Evaluation of compliance through independent and continuous audits
bullet Structured process implementation of policies
bullet Timely escalation and investigation of incidents
bullet Effective training

The group furnishes the organization with the latest laws that impact our Client operations. The audit process in JIVA systematically examines the operation of procedures in accordance with the ISO 9001-2000 standards and guidelines, to ensure compliance.

The following section explains in detail:

bullet Compliance Laws adhered by JIVA
bullet Key to successful compliance

Compliance Laws

The Financial Services industry operates in a heavily regulated environment. Off Shoring of operations to locations such as India is a major trend among leading Financial Services organizations – to increase quality and reduce cost.

However, remote outsourced operations pose new and additional management challenges for these organizations especially in areas such as compliance. There is need for a knowledgeable and reliable offshore BPO partner who will provide reliable end-to-end support and services. JIVA has laid greater emphasis on regulatory compliance. The paragraphs that follow explain the details of our strict regulatory compliance policies.

Some of Laws Relevant to Financial Service BPO

The Federal Equal Credit Opportunity Act:
This law prohibits discrimination against credit applicants on the basis of color, religion, nationality, sex, marital status, and age.

JIVA has clearly defined Fair Lending policies. We also review calling scripts and customer handling to comply with the requirements of this law.

Fair Debt Collection Practice Act:
This law provides that a debt collector may not use any false, deceptive, or misleading representation, harassment or illegal means while collecting debt.

JIVA has a robust call monitoring process and 100% contact recording process to verify compliance. The calling scripts are reviewed with the client to ensure no misleading information is passed on to the end customer. Any deviation by our customer support representatives, from the policies laid down by us, results in immediate action, including termination if required.

Data Protection Laws:
JIVA has a strong Information Security policy implementation in place. Our policy includes Asset Classification, Access Control, Communications Management and Operations Management.

We have satisfied the policy and audit standards of some of the most demanding clients in this area.

Telephone Consumer Protection Act TCPA 1991:
The purpose of this law is to strike a balance between protecting the rights of consumers and allowing businesses to use telemarketing effectively. The TCPA law requires telemarketers to formalize their existing policies and, where ever necessary, create new ones to bring their operations in compliance with the main restrictions.

JIVA has documented and implemented processes to conform to the requirements of Proper Identification, Calling Hour Restrictions, Do Not Call Policies, Auto Dialer and Automatic Dialing Recorded Message Players (ADRMPs) regulations and Facsimile Regulations.

The Telemarketing Sales Rule & Telemarketing and Consumer Fraud and Prevention Act (TCFPA) 1995:
This Rule requires telemarketers to make certain disclosures and prohibits misrepresentations. At JIVA, continuous monitoring and verification ensures that the required information is provided to the Consumers, proper authorization for payments have been taken and the use of threats, intimidation, profane or obscene language to pressurize a consumer into accepting a sales offer is prohibited.

Federal & California Auto Dialer Law:
Laws governing automatic dialing and announcing devices require the acceptable error rate for connections made by automatic dialing devices, for which no agent or telemarketer is available for the person called, to be 3% (1% for the state of California). JIVA maintains the error rate well below the acceptable limits.

Other Laws:
There are many other Compliance laws applicable to specific Client operations. Often, there are client specific internal compliance policies we need to adhere to. JIVA has structured processes and mechanisms to incorporate and comply with new policies, as required.

Key to Successful

Comprehensive Policies for all Relevant Laws
JIVA has defined, updated, maintained and implemented policies in line with the latest laws to safeguard Customer Privacy and to ensure Fair Lending practices. We have proactively acquired Licenses and Registrations in compliance with State Laws and Applicable regulations.

Company Wide Training
Training includes familiarizing all key Managers and Operations team members with the latest Compliance Policies. The purpose is to train employees to provide them with a clear understanding of the Company’s Compliance Policies and various laws. Training is an ongoing process to ensure that our team is updated with the latest laws.

Continuous and Independent Audits
JIVA’s Audit and Compliance team conducts audits on a continuous basis as per a confidential pre determined annual plan. Policy compliance is a part of the objectives of all key managers.
Audit findings are reviewed and preventive actions are defined to assure that discrepancies observed do not re-occur. The audit reports are available to regulators and our clients, as required.

Process Oriented Implementation
We believe that desired results are achieved more efficiently when activities and related resources are managed as a process.

Clear responsibility and accountability is established for managing key activities. Risks and the impact of our actions on customers, suppliers and other interested parties are evaluated. Formal channels of communication facilitate control and easy implementation of new laws as processes.

Streamlined Incident Handling Process
Detailed and immediate escalation procedures have been laid out for compliance deviations. Such escalations also include communication to the Client team.

Elaborate mechanisms have been developed for monitoring, investigating and evaluating compliance incidents to assure permanent resolution. Updated auditable records of compliance can be produced for defense against complaints and lawsuits. Customer complaints are reviewed on a periodic basis.

In summary, JIVA takes complete responsibility on behalf of our Clients for Compliance to Laws, ensuring Customer Privacy and Fair Lending practices.

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