WEBVTT
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00:00:02.899Welcome to Compliance Pointers, where we take
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00:00:05.780an in -depth look into the latest news, trends,
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00:00:08.439and challenges surrounding information security,
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00:00:12.320privacy, and marketing compliance. Let's dive
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00:00:15.460in with your host, Jordan Eisner. Hello, and
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00:00:18.239welcome to another episode of Compliance Pointers,
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00:00:23.100sponsored by Compliance Point. And with me once
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00:00:26.160again, it's been a little while, Carol, but it's
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00:00:30.120Carol Amick. Managing director here at Compliance
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00:00:35.200Point. Utility player, I would say, but primarily
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00:00:39.079focused these days on SOC 2 attestations. She
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00:00:43.100is a CPA. She's been with Compliance Point. It's
00:00:43.100 -->
00:00:47.380got to be getting close to a decade, right? Or
00:00:47.380 -->
00:00:49.619am I way over true? Nine years or so, yeah. Nine
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00:00:53.079years or so, yeah. Basically built our high trust
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00:00:57.020practice. A lot of experience there. Prior to
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00:01:01.880that, in -house stints, external consulting stints
00:01:01.880 -->
00:01:05.439all around HIPAA and compliance and many other
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00:01:09.299things. So a wealth of information on audits
00:01:09.299 -->
00:01:13.079and compliance. And so a very, very good guess
00:01:13.079 -->
00:01:18.519for our topic today in light of the recent Delve
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00:01:24.340findings, right? And I don't know what you'd
00:01:24.340 -->
00:01:31.079call it. report breaking news leak so obviously
00:01:31.079 -->
00:01:34.819it's obviously at least a security breach because
00:01:34.819 -->
00:01:38.799the people seem to be in their system yes yes
00:01:38.799 -->
00:01:43.280so uh really shed some light on i don't want
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00:01:45.200to say the state of the industry i think that's
00:01:45.200 -->
00:01:50.219a bridge too far but maybe the importance of
00:01:50.219 -->
00:01:54.909scrutiny on these auditors and peer reviews And,
00:01:54.909 -->
00:01:58.629you know, who's watching the hen house and ensuring
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00:02:01.989it's not the fox? Yeah, I mean, there has been
00:02:01.989 -->
00:02:04.129this is not the first allegation we've heard
00:02:04.129 -->
00:02:08.030that you sock in a box, as it's referred to.
00:02:08.050 -->
00:02:10.110You can get a sock in a box and it's quick and
00:02:10.110 -->
00:02:12.750it's easy. Anytime you're getting a certification,
00:02:12.969 -->
00:02:15.629if the word's quick and easy or used, that's
00:02:15.629 -->
00:02:19.830probably a red flag right there. Right. So, look,
00:02:19.969 -->
00:02:23.680let's, you know. So expand on it, Carol. You've
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00:02:25.500seen it. I'm sure our audience and listeners
00:02:25.500 -->
00:02:32.259have seen it. What all did we find out? So, you
00:02:32.259 -->
00:02:33.419know, there are a couple of things that come
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00:02:37.819out on this. One is Delve advertised that you
00:02:37.819 -->
00:02:41.460could get. a SOC audit, and they're not the only
00:02:41.460 -->
00:02:43.139ones. I guess I shouldn't use them by name because
00:02:43.139 -->
00:02:45.139I've seen this with other places, and I've actually
00:02:45.139 -->
00:02:47.879talked to our clients who, you know, will tell
00:02:47.879 -->
00:02:50.919me, I talked to so -and -so, and they can get
00:02:50.919 -->
00:02:53.199me a SOC audit in a month, and I don't have to
00:02:53.199 -->
00:02:55.639do anything, and, you know, it'll be easy. They're
00:02:55.639 -->
00:02:57.180just going to use this tool, and it's going to
00:02:57.180 -->
00:03:01.139create a thing. That's the first red flag right
00:03:01.139 -->
00:03:06.479there. A SOC audit requires that you design your
00:03:06.479 -->
00:03:11.680controls. So if they're doing that for you, how
00:03:11.680 -->
00:03:13.240do you even know what the controls are? I mean,
00:03:13.259 -->
00:03:16.479the AICPA does give me a template and some suggested
00:03:16.479 -->
00:03:20.139controls, but it's not this is what you have
00:03:20.139 -->
00:03:22.759to do. You just have to cover that risk that's
00:03:22.759 -->
00:03:25.300related to the trust service criteria. So these
00:03:25.300 -->
00:03:28.300are the suggestions. For example, they have controls
00:03:28.300 -->
00:03:31.680on independence on the board of directors, how
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00:03:33.300often the board meets, that kind of thing. If
00:03:33.300 -->
00:03:35.860you are a privately held company, you may not.
00:03:36.110 -->
00:03:38.569even need to comply with that particular common
00:03:38.569 -->
00:03:41.669criteria of the trust service criteria. So, you
00:03:41.669 -->
00:03:43.770know, you should have been tailoring these to
00:03:43.770 -->
00:03:46.349fit your environment and your operations. And
00:03:46.349 -->
00:03:50.909that's not going to happen in a couple of days.
00:03:51.030 -->
00:03:53.770I mean, so that's your first sign. We can get
00:03:53.770 -->
00:03:54.909this to you in a couple of weeks. You'll have
00:03:54.909 -->
00:03:59.650it for your clients. How can it be custom and
00:03:59.650 -->
00:04:02.409tailored to our business in such a short amount
00:04:02.409 -->
00:04:04.849of time? You know nothing about us. Mm -hmm.
00:04:06.209 -->
00:04:08.430And so I think the other thing to think about
00:04:08.430 -->
00:04:10.710is, you know, are they offering to get you certifications
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00:04:14.430that don't exist? One of the things that a lot
00:04:14.430 -->
00:04:15.909of these firms offer is a HIPAA certification.
00:04:15.909 -->
00:04:18.470And Jordan will tell you the account executives
00:04:18.470 -->
00:04:20.110that compliance might have come to me and said,
00:04:20.170 -->
00:04:23.750can we can we certify HIPAA? No, because there
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00:04:26.329is no such thing. And as a matter of fact, I
00:04:26.329 -->
00:04:28.069think it's the Federal Trade Commission has said
00:04:28.069 -->
00:04:29.949if you advertise a HIPAA certification on your
00:04:29.949 -->
00:04:32.980Web site, that is. basically false advertising
00:04:32.980 -->
00:04:35.540because the government has never authorized the
00:04:35.540 -->
00:04:38.779HIPAA certification. So we don't issue HIPAA
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00:04:41.939certification. So if your firm that's working
00:04:41.939 -->
00:04:44.000with you is giving you certifications that don't
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00:04:46.399really exist and telling you we're going to certify
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00:04:49.220you as HIPAA compliant, how are they doing that?
00:04:49.540 -->
00:04:53.819Yeah. We do, however, issue opinion letters.
00:04:54.019 -->
00:04:56.519Yeah. I will audit you against it. We will audit
00:04:56.519 -->
00:05:00.800you against the... We can even include those
00:05:00.800 -->
00:05:02.779in a SOC audit. We have a client right now. I'm
00:05:02.779 -->
00:05:05.680doing a SOC audit that includes HIPAA. So we
00:05:05.680 -->
00:05:08.319can give you an audited report that shows you
00:05:08.319 -->
00:05:11.100that you are compliant with the laws and the
00:05:11.100 -->
00:05:13.519regulations. That's not a problem, but we aren't
00:05:13.519 -->
00:05:15.279going to then call you HIPAA compliant because
00:05:15.279 -->
00:05:17.699that certification doesn't exist. So that's part
00:05:17.699 -->
00:05:20.160of the registration that you, you know, I've
00:05:20.160 -->
00:05:23.639been advertising that. And I think the big thing
00:05:23.639 -->
00:05:26.009is. Are they telling you there's no effort on
00:05:26.009 -->
00:05:27.889your side? Because if they are, how are they
00:05:27.889 -->
00:05:29.709getting their data? How are they getting their
00:05:29.709 -->
00:05:31.709information? I know we're in an age where you
00:05:31.709 -->
00:05:33.889can get a lot out of AI and you can get a lot
00:05:33.889 -->
00:05:38.230out of automation. But there's still things in
00:05:38.230 -->
00:05:42.069those audits that are not automated. The first
00:05:42.069 -->
00:05:44.250service criteria includes controls related to
00:05:44.250 -->
00:05:45.769governance. We talked about board of directors.
00:05:45.910 -->
00:05:49.069There's some other ones. Personnel. And a lot
00:05:49.069 -->
00:05:52.470of that is not always automated. So you want
00:05:52.470 -->
00:05:55.350to know, you know, How are they getting there
00:05:55.350 -->
00:05:57.269if they can do it without any input from you?
00:05:58.310 -->
00:06:00.769It raises some red flags. And then I'm just going
00:06:00.769 -->
00:06:03.810to bring up one that I saw a very interesting
00:06:03.810 -->
00:06:06.569LinkedIn post from somebody who was hired to
00:06:06.569 -->
00:06:11.189do a peer review on a firm that was doing SOC
00:06:11.189 -->
00:06:15.310audits and saw that the firm was able to do a
00:06:15.310 -->
00:06:19.870SOC audit for about $2 ,000. Now, let's say your
00:06:19.870 -->
00:06:22.339average SOC audit has... somewhere in the range
00:06:22.339 -->
00:06:24.579of 80 to 100 controls. So let's say 100 controls.
00:06:24.740 -->
00:06:27.540That's what, $20 of control for your CPA firm
00:06:27.540 -->
00:06:31.720to look at the auditor? I mean, that's, how much
00:06:31.720 -->
00:06:35.139work do you think they're putting in? And that
00:06:35.139 -->
00:06:37.160would just, it sounds too, you know, and they
00:06:37.160 -->
00:06:39.000say a lot, but it sounds too good to be true.
00:06:39.279 -->
00:06:43.139It probably is. If your CPA firm can do the work
00:06:43.139 -->
00:06:46.600for that, the question is, what are you getting?
00:06:46.680 -->
00:06:49.779Because, yeah. I mean, you know, I feel like
00:06:49.779 -->
00:06:52.060I'm not one of the most expensive CPA firms in
00:06:52.060 -->
00:06:53.740the world, and I certainly wouldn't do an audit
00:06:53.740 -->
00:06:59.939for $2 ,000. Yeah, $20 a control. And that's
00:06:59.939 -->
00:07:03.660what, five minutes max? Yeah, so yeah. I think
00:07:03.660 -->
00:07:06.000that's the other thing. So, you know, I know
00:07:06.000 -->
00:07:08.439it sounds promising when you get this quick fix
00:07:08.439 -->
00:07:10.360and you've got somebody breathing down your report,
00:07:10.680 -->
00:07:13.490but there are ways to get around that. I think,
00:07:13.490 -->
00:07:15.470Jordan, we can talk, you know, we've done, we
00:07:15.470 -->
00:07:17.990do SOC 2 type 1s, which is where we show your
00:07:17.990 -->
00:07:20.350client that, look, you've identified your controls.
00:07:20.649 -->
00:07:22.550Here's the controls you're implementing. Here's
00:07:22.550 -->
00:07:25.170where you are. We're on the road. We're on the
00:07:25.170 -->
00:07:27.370progress. You can get those very quickly. We
00:07:27.370 -->
00:07:30.050do those, you know, in a month or so. They don't,
00:07:30.050 -->
00:07:31.629you know, they're not showing that you've got
00:07:31.629 -->
00:07:33.569everything implemented. But a lot of people do
00:07:33.569 -->
00:07:36.329do that as the first step to show their clients,
00:07:36.449 -->
00:07:38.949look, you want a SOC. We're on the road. Here's
00:07:38.949 -->
00:07:40.870where we are. And in three months, we'll have
00:07:40.870 -->
00:07:43.100a SOC 2. But, you know, we're giving you a report.
00:07:43.259 -->
00:07:45.040We've hired a firm. Here's what we're doing.
00:07:45.740 -->
00:07:48.439But I also think the other part of this is the
00:07:48.439 -->
00:07:51.139people reading the audits need to start, you
00:07:51.139 -->
00:07:52.839know, thinking about whether they make sense,
00:07:52.939 -->
00:07:56.160whether it looks like they make sense. Okay.
00:07:57.040 -->
00:07:59.819So I know we were going to talk about Delve a
00:07:59.819 -->
00:08:01.439little bit. We've covered that. And then we were
00:08:01.439 -->
00:08:02.680getting the red flags. But it sounds like you're
00:08:02.680 -->
00:08:04.879already starting to cover. We dove right in.
00:08:04.899 -->
00:08:07.519No, that's fine. You know, it will be quick hitters
00:08:07.519 -->
00:08:09.360for the listeners today. And we can wrap early.
00:08:09.420 -->
00:08:13.410But, you know. price and the lower it is the
00:08:13.410 -->
00:08:15.889more it should be a red flag time the shorter
00:08:15.889 -->
00:08:18.589it is the more there should be a red flag um
00:08:18.589 -->
00:08:22.410what else your involvement i think that's another
00:08:22.410 -->
00:08:25.870key were you involved did you i mean did you
00:08:25.870 -->
00:08:28.029just hire this company and a month later you
00:08:28.029 -->
00:08:31.500have a report Or two weeks later. That's a red
00:08:31.500 -->
00:08:34.080flag because there should have been stuff that
00:08:34.080 -->
00:08:36.139you had to explain to your client, to your auditor
00:08:36.139 -->
00:08:38.220about how things worked. I mean, because it's
00:08:38.220 -->
00:08:40.840just, I never pretend I can go into a system
00:08:40.840 -->
00:08:42.679and understand it. Everybody sets their system
00:08:42.679 -->
00:08:44.559up differently. Everybody does things differently,
00:08:44.860 -->
00:08:48.460documents things differently. And so, you know,
00:08:48.559 -->
00:08:51.360were you ever asked to explain anything? Because
00:08:51.360 -->
00:08:54.279if you weren't, that's probably not a great sign.
00:08:55.179 -->
00:08:57.820We meet with our clients when they're in SOC
00:08:57.820 -->
00:09:00.429once a week. um just to make sure we understand
00:09:00.429 -->
00:09:02.870and also to make sure they understand our request
00:09:02.870 -->
00:09:07.129you know if we ask for something i speak audit
00:09:07.129 -->
00:09:09.269i know that so you know you may not really know
00:09:09.269 -->
00:09:10.929exactly what i want you don't wish you waste
00:09:10.929 -->
00:09:13.149your time throwing stuff back at me um and so
00:09:13.149 -->
00:09:14.990you should have been communicating with your
00:09:14.990 -->
00:09:16.549auditor there should have been questions that
00:09:16.549 -->
00:09:18.710you had to answer for them over the course of
00:09:18.710 -->
00:09:22.039your audit Even if you are using a tool. I mean,
00:09:22.039 -->
00:09:24.120a lot of our clients use some great GRC tools
00:09:24.120 -->
00:09:26.539that we can just get data out of and do testing
00:09:26.539 -->
00:09:28.759out of and look at. But there's still going to
00:09:28.759 -->
00:09:30.759be some questions, you know, even in that case.
00:09:30.940 -->
00:09:32.919How can you snuff out some of that beforehand?
00:09:33.200 -->
00:09:36.820Let's say that the price looks good. Or sorry,
00:09:36.919 -->
00:09:40.039the price is very attractive because it's so
00:09:40.039 -->
00:09:42.500low. The time to do it is very attractive because
00:09:42.500 -->
00:09:46.639it's so low. you know, the auditor is painting
00:09:46.639 -->
00:09:48.220a picture that, you know, they're going to be
00:09:48.220 -->
00:09:50.019requesting certain information from you. So probably
00:09:50.019 -->
00:09:54.220too good to be true. How can you trust but verify
00:09:54.220 -->
00:09:56.679that before you enter into contract with them
00:09:56.679 -->
00:10:00.480to do it? I think you've got to use some skepticism.
00:10:00.659 -->
00:10:02.279I think the other thing is to make sure your
00:10:02.279 -->
00:10:04.539CPA firm is registered. There's a website called
00:10:04.539 -->
00:10:07.440CPA Verify that you can go on and look up your
00:10:07.440 -->
00:10:11.139CPA firm. You can also go on the AICPA peer review
00:10:11.139 -->
00:10:13.360website and see if they're enrolled in the peer
00:10:13.360 -->
00:10:16.419review. And that is, I think, one of the things
00:10:16.419 -->
00:10:18.080that has come out about some of these firms is
00:10:18.080 -->
00:10:20.100they are not doing peer reviews. They are not
00:10:20.100 -->
00:10:23.899enrolled in the peer review process. just google
00:10:23.899 -->
00:10:26.899search um you know the auditor the cpa's name
00:10:26.899 -->
00:10:29.120you know where do they that they have credential
00:10:29.120 -->
00:10:31.840i mean i have an audit report that one of our
00:10:31.840 -->
00:10:35.259clients got that they rejected because when they
00:10:35.259 -->
00:10:38.980got it it was signed by a cpa who wrote well
00:10:38.980 -->
00:10:42.919not really a cpa a young person who wrote on
00:10:42.919 -->
00:10:44.840there that they were sitting for the exam next
00:10:44.840 -->
00:10:49.539month now They weren't even technically a CPA
00:10:49.539 -->
00:10:51.559because it's not just the exam. There's also
00:10:51.559 -->
00:10:53.519an experience requirement. And when she went
00:10:53.519 -->
00:10:55.600on Google, when you linked in and looked up this
00:10:55.600 -->
00:10:57.960young person, it was a young man, they were still
00:10:57.960 -->
00:11:01.200in school. So, you know, they're getting paid
00:11:01.200 -->
00:11:07.259a fee to sign these reports. But a little research
00:11:07.259 -->
00:11:09.759might have shown this probably wasn't a CPA firm
00:11:09.759 -->
00:11:12.320you should be picking yourself up with. That's
00:11:12.320 -->
00:11:19.000quite shady. And we set up our firm that does
00:11:19.000 -->
00:11:21.080the audits. You know, we went through a lot of
00:11:21.080 -->
00:11:23.399hoops to prove that I had the skills and the
00:11:23.399 -->
00:11:25.659expertise. So that's another background, just
00:11:25.659 -->
00:11:27.480to make sure there's a firm that's registered
00:11:27.480 -->
00:11:30.440legitimately. There were some lists of some of
00:11:30.440 -->
00:11:31.779these, and I've looked some of them up, and some
00:11:31.779 -->
00:11:33.279of them are registered, and some of them are
00:11:33.279 -->
00:11:35.419probably legit. And a couple of them, I'm like,
00:11:35.559 -->
00:11:39.179who is this? I can't even find them. So, yeah.
00:11:40.659 -->
00:11:44.940Okay. I mean, you can always ask for references,
00:11:45.039 -->
00:11:47.559too. Yeah, they're going to give you good ones,
00:11:47.600 -->
00:11:51.419though. At this point, I think some people are
00:11:51.419 -->
00:11:53.779starting to get suspicious. And so you could
00:11:53.779 -->
00:11:55.379easily have somebody say, yeah, we have one.
00:11:55.840 -->
00:11:58.799I mean, we have acquired clients that way who
00:11:58.799 -->
00:12:01.240said, yeah, we did an audit with somebody and
00:12:01.240 -->
00:12:06.080it wasn't good. And we're starting over. And
00:12:06.080 -->
00:12:08.299so, you know, if you kind of run into that, you
00:12:08.299 -->
00:12:10.779can kind of find that out there. That's your
00:12:10.779 -->
00:12:15.000peers. Okay. That was a quick list, but it was
00:12:15.000 -->
00:12:21.419a good list. Anything we didn't cover? You know,
00:12:21.460 -->
00:12:24.200I feel like a lot of people know when they sign
00:12:24.200 -->
00:12:26.759these that this is a little iffy. I can have
00:12:26.759 -->
00:12:29.379a soccer port. And the other side of this, I
00:12:29.379 -->
00:12:34.480would say, is if you are the company buying the
00:12:34.480 -->
00:12:37.740service and you say to them, do you have a soccer
00:12:37.740 -->
00:12:39.990port? Do you have a sock? Can I see it? And they
00:12:39.990 -->
00:12:41.889say no. And they then call you and say, but I'll
00:12:41.889 -->
00:12:46.870have it by next week. Or even the next month.
00:12:46.950 -->
00:12:49.870That alone should be like, wait, what are you
00:12:49.870 -->
00:12:52.789giving me? Where is it coming from? Yeah, so
00:12:52.789 -->
00:12:56.830organizations requiring the socks. Also, you
00:12:56.830 -->
00:12:59.990know, this is a message for you too. I mean,
00:13:00.029 -->
00:13:05.789if you don't have some flexibility in how they
00:13:05.789 -->
00:13:10.460accomplish the sock too. and you're putting scrutiny
00:13:10.460 -->
00:13:12.299and pressure on them to do as quick as possible
00:13:12.299 -->
00:13:15.019and as cheap as possible, you could actually
00:13:15.019 -->
00:13:18.320be putting your company at risk. If they want
00:13:18.320 -->
00:13:19.759that business, they call you back and say, you
00:13:19.759 -->
00:13:20.980know, we told you we didn't have something, but
00:13:20.980 -->
00:13:23.879we got it this week. Okay, we talked to you a
00:13:23.879 -->
00:13:25.840week ago and you didn't have it. So make sure
00:13:25.840 -->
00:13:29.500there's checks and balances on your side. I think
00:13:29.500 -->
00:13:32.639sometimes people, you know, procurement and stuff
00:13:32.639 -->
00:13:36.779puts pressure on people. That's why I said work
00:13:36.779 -->
00:13:38.759with them. If there's a product you really want,
00:13:38.820 -->
00:13:40.759work with them to get it done the right way to
00:13:40.759 -->
00:13:43.799protect you. Let's start with you doing a SOC
00:13:43.799 -->
00:13:45.7201 where it's just listing out the controls so
00:13:45.720 -->
00:13:48.480we can see what you're doing. Let's get you going
00:13:48.480 -->
00:13:51.360down the road. Work with them, especially if
00:13:51.360 -->
00:13:53.100it's a product you want and they want to do the
00:13:53.100 -->
00:13:56.220right thing. You'll get a better product and
00:13:56.220 -->
00:13:59.600you will be better protected than a check the
00:13:59.600 -->
00:14:02.330box that didn't really check your box. That's
00:14:02.330 -->
00:14:03.750a great point. I think that's a good one to end
00:14:03.750 -->
00:14:06.830on. I will say to the listeners and viewers,
00:14:07.009 -->
00:14:08.690if you have additional questions on this, if
00:14:08.690 -->
00:14:10.350you're weighing options between auditors, if
00:14:10.350 -->
00:14:14.029you're stuck in an audit where you're already
00:14:14.029 -->
00:14:15.710starting to scratch your head and red flags are
00:14:15.710 -->
00:14:17.850appearing, or you just want to bounce some ideas
00:14:17.850 -->
00:14:21.929off an organization as you evaluate this and
00:14:21.929 -->
00:14:24.850look at future SOC 2 aspirations, please don't
00:14:24.850 -->
00:14:26.870hesitate to reach out to myself and or Carol.
00:14:27.690 -->
00:14:30.389You can find us at compliancepoint .com and you
00:14:30.389 -->
00:14:32.250can email us at connect at compliancepoint .com
00:14:32.250 -->
00:14:34.289and we're both on LinkedIn that way. So not too
00:14:34.289 -->
00:14:37.029hard to get in touch with. Until next time, everybody
00:14:37.029 -->
00:14:39.009be well. And Carol, thank you for your time today.