Kiva Training for Field StaffCollecting Client Waivers

Introduction

At the end of this training, you should be able to:• Understand what the client waiver is and why it is

important• Explain the client waiver to a potential Kiva borrower and

obtain his/her signature• Understand what to do if the borrower does not want to

sign the client waiver• Understand what to do if the borrower is unable to read

the client waiver• Understand what to do with a signed client waiver

Kiva’s Client Waiver Policy

What is the client waiver?

The client waiver is a legal document developed by Kiva. By signing the client waiver, the borrower grants permission to Kiva and [Field Partner] to publish his/her information and photo on the internet.

Kiva’s policy: A borrower must sign the client waiver before his/her profile is posted on the Kiva website. If any extra people appear in the photo, they must also sign a client waiver.

What is the client waiver? (cont’d)

Why is the client waiver important?

Kiva is committed to principles of client protection. We do not want to publicly share a borrower’s personal information and photo if we do not have his/her permission.

The client waiver also protects Kiva and [Field Partner] from legal action in the future.

Collecting Client Waivers

Collecting client waivers

Follow this procedure to obtain a borrower’s signature on the client waiver:

1. Explain the waiver to the borrower.

2. Give the borrower sufficient time to read the entire waiver.

3. Answer any questions from the borrower.

4. Ask the borrower to sign the waiver.

5. Take the signed waiver back to your office for storage.

Explaining the client waiver

It is vital that borrowers understand the waiver before they sign it, so please take the time to explain it thoroughly. At minimum, the borrower must understand that:• His/her first name, loan use, and personal information

will be shared publicly on the internet.• His/her photo will be shared publicly on the internet.• His/her loan repayment information will be shared

publicly on the internet.• Having information on the internet means that it is visible

to people all around the world.• Signing the client waiver document gives [Field Partner]

and Kiva these permissions.

Sample explanation

Here is a sample explanation of the waiver that was developed by Kiva:

“[Field Partner] is working with an organization called Kiva to help us raise funds for loans. Kiva operates a website where [Field Partner] can publish profiles of clients who are seeking loans. [Show a printed copy of a profile.] People from all over the world visit Kiva’s website to read these profiles and lend their money to clients they would like to support. They lend their money because they want to help [Field Partner]’s clients improve their businesses and they are interested in learning more about [country].

We would like to publish a profile about you on Kiva’s website. This profile would include your name, your photo, information about your loan and repayments, and information about your business and family life. If you agree to participate, please read and sign this waiver.

[If borrower is unfamiliar with the internet:] Having your information on a website is similar to being in a newspaper or a magazine. Many different people around the world will be able to see your information and photo.”

What if the borrower does not want to sign?

If a borrower does not want to sign the client waiver, his/her profile cannot be posted on Kiva.

There are no exceptions.

Obtaining Consent in Special Circumstances

What if the borrower cannot read the waiver?

There are special procedures that must be followed if the borrower is unable to read or sign the waiver.

For example, the borrower may be illiterate or visually impaired, or the client waiver may not be available in a language that the borrower can read.

What if the borrower cannot read the waiver? (cont’d)

In these cases, follow this procedure to obtain the borrower’s consent:

1. Read the entire waiver to the borrower OR if the waiver is in a language that the borrower does not understand, verbally translate the entire waiver for them.

2. Answer any questions from the borrower.

3. Ask the borrower to provide verbal consent.

4. Print the borrower’s name and information on the waiver.

5. Only if the borrower is able to provide a written signature or signature alternative, such as a thumbprint or X: Ask the borrower to sign the waiver.

(continued on next slide)

What if the borrower cannot read the waiver? (cont’d)

6. Sign and date the Partner Organization Representative field at the bottom of the waiver.

7. Take the signed waiver back to your office for storage.

Storing Signed Waivers

Storing client waivers

Once a borrower has signed the client waiver, it is important to bring the signed waiver back to your office so that it can be stored in a secure location.

[Insert information on where client waivers should be stored for your organization]

Summary

Now that you have completed this training, you should be able to: • Understand what the client waiver is and why it is

important• Explain the client waiver to a potential Kiva borrower and

obtain his/her signature• Understand what to do if the borrower does not want to

sign the client waiver• Understand what to do if the borrower is unable to read

the client waiver• Understand what to do with a signed client waiver

Quiz

Question 1

A borrower has not signed the client waiver. Can we post the borrower’s profile on the Kiva website?A. Yes. We can post the borrower’s profile on the Kiva

website so long as we remember to ask the borrower to sign the waiver the next time we see him/her.

B. No. The borrower must sign the waiver before his/her profile is posted on the Kiva website.

Question 2

Why is the client waiver important?A. It helps the borrower understand when repayments are

due.

B. It ensures that the borrower has given permission to have his/her information published on the internet.

C. It provides legal protection for Kiva and [Field Partner].

D. Both B and C

Question 3

What must the borrower understand before signing the client waiver?A. His/her name, loan use, personal information, photo,

and repayment information will be shared publicly on the internet.

B. Having information on the internet means that it is visible to people all around the world.

C. Signing the client waiver gives [Field Partner] and Kiva permission to share his/her information publicly.

D. All of the above.

Question 4

You are meeting with a borrower who is blind and cannot read the client waiver. What should you do?A. Provide a brief verbal summary of the waiver, ask the

borrower for verbal consent, and sign the borrower’s name in the “Client Signature” field.

B. Provide a brief verbal summary of the waiver, ask the borrower for verbal consent, and sign your own name in the “Partner Organization Representative” field.

C. Read the entire waiver out loud, ask the borrower for verbal consent, and sign your own name in the “Partner Organization Representative” field.

Question 5

A borrower has signed the client waiver. What should you do with the signed waiver?A. Bring it back to your office for storage.

B. Give it to the borrower to take home.

C. Throw it away.

Questions?