Vulnerable End User Policy

1. Overview and Purpose

Kaleyra provides platforms by which Merchants can communicate directly with existing and potential End Users. We are committed to running healthy and safe traffic1. To allow us, and those using our platforms, to obtain, and maintain, End User trust and loyalty Kaleyra has put in place a range of best practice guidelines and policies that combine our expertise and experience with Regulator, MNO, and other industry sector guidance.

Even with healthy traffic, it is inevitable that from time to time Vulnerable End-Users interact with an Offering. Kaleyra does not see that, in itself as an issue, indeed it may be that the issue is that it is harder for a Vulnerable End User to access an Offering. Kaleyra requires that any Offering and interaction with End Users is not negatively impacting a Vulnerable End User for any reason, nor is being accessed by a person that should not have such access because of the vulnerability.

The purpose of the Vulnerable End User Policy is to set out our approach to ensuring Merchants are aware of the need to protect Vulnerable End Users, Offerings do not exploit (whether deliberately or inadvertently) vulnerabilities, identifying and interact with vulnerable customers to ensure we deliver “fair customer outcomes” for all End Users we represent in all GEO’s we operate.

2. Scope

The Vulnerable Customer Policy applies to all Offerings that operate through Kaleyra and all interactions Kaleyra has with any Customers or End Users. The standards set out in the policy will also apply to third-party providers, where the third party interacts directly with Kaleyra End Users.

3. Definitions

Vulnerable End User – an End User who is less likely to be able to make fully informed or rational decisions due to a permanent or temporary specific characteristic, circumstance, or need and may be likely to suffer detriment as a result.

Colleagues – employees, contractors, directors, and advisers to Kaleyra

Customer  –  An individual with a contract with an MNO for the provision of mobile telephony services. 

End-User –  The person that sought to access the Offering, whether or not that is the Customer.

Merchant –  The content provider responsible for an Offering’s operation,  

content, marketing, and promotion (whether such actions are sub-contracted to a third party) 

MNO  –  A mobile network operator in the country where the Offering is being offered 

Offering –  An offering, including without limitation, the supply of information, payment of charitable donations, entry into competitions, text chat, or receipt of offers or services that are paid for by the  Customer through his or her mobile phone bill 

Refund Request –  A request from a Customer for the repayment of some or all  money  paid to a Merchant in relation to an Offering

Regulator – The official body appointed in the country in which the Offering is being offered to regulate any part of Phone-paid services in that country 

4. Roles and Responsibilities

All Colleagues are responsible for the day-to-day managing and implementation of the Vulnerable End User policy. 

In tandem with this approach, Kaleyra has a nominated Vulnerability Officer role. This role can be held by one or more people who ensure the treatment of Vulnerable End Users is high on the agenda, reviewed regularly, and that there is an awareness of the needs of potential Vulnerable End Users within the business, ensuring procedures to protect Vulnerable End Users are robust and regularly reviewed to monitor their effectiveness. The role will be one of, or shared by, the Head of Compliance for the UK and the head of the End User support team that covers the UK. 

The Compliance Officer will have primary responsibility for ensuring that any Offerings looking to run through Kaleyra operate in a way that is not detrimental to, or at risk of exploiting, Vulnerable End Users.

5. Treatment of a Vulnerable End-User

Owing to the diversity of the factors that can contribute to the level of End User vulnerability there will not be one approach that can be adapted to fit each circumstance. The overriding principle that must be adhered to by Colleagues in their dealings with Vulnerable End Users is that fair outcomes are achieved throughout the End-User journey, and any barriers are removed to access Offerings. It is therefore essential that Colleagues take a flexible approach as our failures can lead Customers or End Users to suffer financial and non-financial impacts. 

• Merchants are required to ensure appropriate actions are taken in relation to the support of Vulnerable End Users.
• Colleagues/third parties must consider Vulnerable End User needs in all interactions; alternative communication methods, such as Braille or Large Print, will be accommodated where possible to remove access barriers. 
• Processes and procedures will be tailored to enable the identification and treatment of potential Vulnerable End users specific to the nature of the Offerings and our interactions with End Users or Customers. 
• Where End Users have been identified as Vulnerable End Users, Colleagues will carry out regular reviews at intervals appropriate to their circumstances to establish whether their classification and treatment continue to be appropriate. 
• Colleagues must escalate individual cases where Vulnerable End Users are at risk of an unfair outcome with situations that fall out of existing policy/procedure to the Customer Solutions team for review. The nominated Vulnerability Officer can determine the most suitable outcome for the End User. 
• Colleagues must seek to provide additional support to enable End Users to make informed decisions and maintain access to products and services. 

Colleagues must ensure all authorized third-party representatives operate in the same way to ensure there are no barriers for a Vulnerable End User.  

6. Types of vulnerability

Appendix 1 sets out circumstances and characteristics that may suggest vulnerability, but these are not exhaustive and the identification of Vulnerable End Users must be individual, responsive, and aimed at removing barriers to accessing our products and services.

7. Risk Matrix

Kaleyra operates an internal risk and mitigating control document for services/content which may pose a risk to a Vulnerable Person (Vulnerability Matrix). Once risks have been identified, we categorize these risks as low, medium, or high. The higher the risk factors, the greater the requirement to manage the risk and ensure a comprehensive level of due care.

This documented Vulnerability Matrix will be kept updated quarterly for use in any audit and can be provided to a Regulator or MNO upon request.

8. Complaints procedure and Vulnerable Customers

Kaleyra will ensure that the complaints process takes into account the needs of Vulnerable End Users. These needs can only be assessed if they have been identified and escalated by Colleagues, Merchants, or Third parties or if a Customer or End User directly notifies a colleague in our customer care team

Merchants and Kaleyra should encourage Customers to tell them about any specific vulnerability the End User may have, to avoid creating any difficulties for them in receiving the help they need.

Kaleyra will ensure our customer service agents are aware of potential characteristics, behaviors, or verbal cues of someone who might be vulnerable. Employees will then be able to listen carefully and proactively offer help that may benefit them. 

Kaleyra will make information that could be useful to Vulnerable End Users easy to understand and ensure it is published on their website/s, so it is widely accessible.

Refunds will be managed in accordance with our Refund Policy.

9. Compliance

Kaleyra considers adherence to this Policy as being part of meeting best industry practices. Any Offering running through Kaleyra’s platforms must ensure the protection of Vulnerable End Users to at least the same extent as set out in this Policy.

Failure to comply with this Policy may result in action being taken by  Kaleyra.