Legal & Compliance

At SimpleCheck, we are at the forefront of legal compliance in the soft pull services industry. Our unwavering commitment to exceeding regulatory requirements is fundamental to our operations, ensuring that both our business customers and their clients can use our services with full confidence in their legal integrity.

Applicable Laws and Regulations

Fair Credit Reporting Act (FCRA): SimpleCheck rigorously adheres to the FCRA, which mandates the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. We obtain explicit, written consent from consumers before conducting any soft pulls, detailing the use of their information in a transparent manner. This ensures that all parties understand the purpose of the data collection, which is strictly to personalize the consumer's experience.

HIPAA Compliance:
HIPAA compliance is about Protected Health Information (PHI)—data that relates to an individual’s health condition, healthcare provision, or payment for healthcare services. By definition, the data we collect (name, email, phone, and address) does not qualify as PHI unless it’s tied to health-related information. We’re not handling health-related data, nor are we tying this information to any medical services, conditions, or treatments.

Legal Clarity:

• Advanced Transparency: We ensure that every consumer fully understands what they are consenting to and why. This level of clarity builds trust and alleviates concerns about data misuse.

• Proactive Compliance Audits: Our compliance protocols are continuously evaluated against the latest legal standards and best practices. This not only helps in preemptively identifying potential issues but also in adapting swiftly to changes in the legal landscape.

Under the HIPAA Privacy Rule (45 CFR § 160.103), PHI explicitly requires a connection to health information.

The data we process does not include any such connection, and therefore, HIPAA regulations do not apply to us or our services. Just because HIPAA doesn’t apply doesn’t mean we don’t take security VERY seriously. Our systems operate with the same standards of security & compliance that you’d expect from a company handling very sensitive user data. We utilize the following security protocols to ensure user data is 100% safe:

• End-to-End Encryption: All data is encrypted in transit and at rest.

• Access Controls: Only authorized personnel have access to the data.

• Audit Logs: Every action is tracked to ensure accountability and transparency.

  In summary, the data we handle isn’t PHI, and therefore - HIPAA doesn’t apply. What we do falls squarely under financial regulators such as the Fair Credit Reporting Act (FCRA). We’ve built our processes to comply fully with their compliance standards. We also have a dedicated legal team that keeps us accountable to all current laws & regulations should their be any changes in the future.

Consent Language and Record-Keeping

SimpleCheck mandates that our business clients display the following consent language clearly on their opt-in forms. This language is carefully designed to align with FCRA requirements and ensure that consent is informed and unequivocal:

• Consent Language: "By clicking 'Submit,' I allow SimpleCheck to obtain my consumer report to personalize my experience. I understand this is voluntary and not required to make a purchase."

This consent form not only informs consumers of their rights but also protects our clients by ensuring that all legal bases are covered before a consumer report is pulled.

• Record-Keeping: We maintain the highest standards in data security and compliance by capturing the IP address at the point of consumer consent and securely storing all records of consent. This meticulous approach to data handling guarantees that we can provide definitive proof of consent, thereby safeguarding our clients against any legal challenges.

  
  

Setting Industry Standards

SimpleCheck doesn’t just comply with legal standards—we set them. Our approach goes beyond mere compliance, offering peace of mind through:

• Advanced Transparency: We ensure that every consumer fully understands what they are consenting to and why. This level of clarity builds trust and alleviates concerns about data misuse.

• Proactive Compliance Audits: Our compliance protocols are continuously evaluated against the latest legal standards and best practices. This not only helps in preemptively identifying potential issues but also in adapting swiftly to changes in the legal landscape.

• Consumer Education: Empowerment through education is key at SimpleCheck. We provide comprehensive resources designed to help consumers understand their rights under the FCRA and other applicable laws, promoting informed participation.

Conclusion

SimpleCheck’s robust legal and compliance framework is designed to dispel any concerns businesses might have about the legality of using our soft pull services. By choosing SimpleCheck, you are opting for a service that not only meets but consistently exceeds industry standards for compliance and consumer protection.

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