The legal stuff

Effective date: May 25, 2020

Introduction

Check Technologies, Inc. (Check) is committed to maintaining its responsiveness to the needs and concerns of its customers. This policy sets forth the standards and procedures in which Check receives and resolves complaints made against the company, its partners and employees.

Policy Statement

Check views customer complaints as an expression of legitimate concern regarding the way it provides its processing of payroll for third party software providers. The objective of this policy is to assist the company and its employees in resolving complaints in an efficient, expeditious and professional manner. If handled constructively, complaints are an opportunity to improve products and services, enhance customer satisfaction and minimize potential regulatory impact.

Responsible Officer

The Compliance Officer is responsible for carrying out the overall aims and objectives of the Complaint Policy. The Compliance Officer may appoint a Complaints Officer to serve as the primary contact for receiving written complaints and managing the resolution process.

Complaint Resolution Procedure

Definition of a complaint

For the purpose of this policy, a complaint is defined as a written or verbal communication by a customer expressing a concern related to Check products or services where a response is explicitly or implicitly expected. Complaints that fall under this policy include, but are not limited to the following:

• Expression of dissatisfaction with the service received.
• Assertion that complainant has suffered a financial loss due to a failure on the part of the company in provision of its services.
• Assertion that complainant is a victim of possible fraud, identity theft, financial loss and/or criminal activity.
• Allegation of breach of customer’s privacy or personal information.

Negative feedback and statements of general dissatisfaction with Check services or agreed upon terms and conditions that do not require a resolution or formal follow up are not covered under this policy. Items that fall outside of the above criteria will be handled as a grievance. Grievances can generally be resolved immediately or within 5 business days.

Receiving complaints

Complaints may be received via email such as support@checkhq.com, direct mail, or through a dedicated customer support service. Verbal complaints received directly by customer-facing staff members should be referred to a manager immediately. Written complaints must be forwarded to the Complaints Officer and a holding response sent to the customer within 5 business days.

The following are examples of complaints that may be received by a customer or its employee:

• “I never received my earnings as agreed to by using Check.”
• “My earnings received from Check are different than the agreed amount.”
• “My paycheck amount is different than my salary.”
• “I am supposed to get paid twice a month, but only receive pay once a month.”
• “I was never paid my new hire bonus after 60 days with the company.”

Handling complaints

Upon receipt of a complaint, the Complaints Officer shall assess the severity of the complaint and either investigate the complaint or assign the complaint to a manager for investigation. If complaint is unrelated to Check services, and is instead traceable to employer or provider activities, Complaints Officer shall refer the complaint to that other entity as quickly as possible.

The Complaints Officer may engage outside legal counsel, if the matter may give rise to legal action against the company, including instance in which the aggrieved party has retained or has threatened to retain an attorney in connection with the complaint.

Investigating complaints

Check staff must provide the Complaints Officer with all assistance requested in order to allow for a full investigation to be conducted in a timely manner. When investigating a complaint, the Complaints Officer shall gather all facts and evaluate the circumstances giving rise to the assertions made by the aggrieved party. During the investigation process, the Complaints Officer must keep the complainant informed of the progress and likelihood of any delays.

Based on the findings of the investigation, the Complaints Officer shall propose a remedy. Possible considerations for remedies include:

• Correction of error or other complained about activity.
• If correction not possible or not within the power of Check to remedy, suggest alternative solutions or refer complainant to appropriate department or other entity.
• Full or partial payment of aggrieved amount.
• Financial assistance or compensation.

Recording complaints

Complaints are recorded in the Compliance file and identified whether open or resolved and the corresponding dates for each.

Responding to complaints

All complaints must be addressed within appropriate time limits. The maximum time limit for resolving a complaint is 45 days. If a complaint remains unresolved for 10 business days, then the customer should be contacted and apprised of the status of resolution.

Once a resolution has been authorized, a written determination of resolution must be sent to the complainant. The written response must include the following information:

• Advise the complainant of the resolution.
• Give reasons for the determination.
• Advise of the existence of further avenues of appeal, including contacting the relevant regulator or state agency, if applicable.
• Contain a specific disclaimer that no fault of liability is admitted.
• If the resolution of the complaint is contingent upon the acceptance and release of claims, inform the complainant of such and attach document to be signed.

Retention of records

The Complaints Officer will be responsible for maintaining a record file of all customer communication and supporting documentation related to all complaints received.

Staff training

All client-facing staff is trained annually on the Check Complaints Policy and Procedures.

Management reporting

On a periodic basis, a report of customer complaint trends and systematic issues should be prepared by the Compliance Officer and submitted to the executive management team. The report will be used as a tool to assess the need for additional training, possible document revisions and the need to amend procedures. Any issues or concerns with respect to procedures and system functionality that are uncovered during the investigation of a complaint should be addressed as soon as practicable.

‍