ACCESS NI | ID NUMBER 200307
• Data Supplier hosts the Supplier Data
• Data Supplier receives and processes Client Information in its capacity as Controller
• Client Information includes Personal Data
• The Data Supplier is based in the UK
• The Data Supplier is located within the EEA
The Supplier Data that GBG uses to provide Access NI Data is supplied by GBG’s Data Supplier, AccessNI. GBG is obliged under the terms of its agreement with AccessNI to ensure that all End Users agree to comply with the following provisions:
1. DEFINITIONS
1.1. In these Additional Terms, the following definitions shall apply, in addition to the definitions set out in the General Terms:
“AccessNI” means Access Northern Ireland, an official Norther Ireland Government Agency for criminal records check
“ANI Checklist” means the checklist to be completed and signed by
the End User confirming its compliance with the obligations set out below. The ANI Checklist will be provided to the End User by GBG prior to checks being processed for the Access NI Data.
“Applicant” for the purpose of these Additional Terms means the individual who is subject to a Basic Disclosure
“Permitted Purpose” means the activities as set out in the Use of the Supplier Data clause below.
2. USE OF THE SUPPLIER DATA
2.1. The End User may only use the Access NI Data for the purpose contained within these Additional Terms and this clause in particular.
2.2. The End User agrees to:
(a) Ensure that the subject of a disclosure is aware that a Basic Disclosure check (or re-check) is required for a position in the organisation;
(b) Retain and provide to GBG signed documentary evidence (for the duration of the employment) that an Applicant has agreed to undertake a Basic Disclosure;
(c) Undertake the appropriate identity check on individual Applicants using the methodology and documentation set out by AccessNI, a sample identity check can be found on the AccessNI website:- https://www.nidirect.gov.uk/articles/providing-proof-your-identity-basic-check
(d) Ensure that Applicants are eligible and have the right to work in the UK by carrying out the relevant checks;
(e) Thoroughly check the appropriate documentation and photographic identification of the individual, who is the subject of a Basic Disclosure. The End User shall confirm on the PIN notification form that identity has been checked and shall be demonstrated to the reasonable satisfaction of the individual checking the document;
(f) In as many cases as possible, check identification document in the presence of the Applicant and in accordance with the guidance set out by AccessNI. A sample identity check can be found on the AccessNi website - https://www.nidirect.gov.uk/articles/providing-proof-your-identity-basic-check
(g) Ensure that only staff authorised by the lead signatory will undertake the checking of identification documents;
(h) Obtain written permission from the individual who is the subject of the Basis Disclosure who shall confirm if the certificate is to be delivered to the address of GB Group PLC.
(i) Have a written policy and provide a copy of such policy to GBG, on the sustainability of ex-offenders for employment in relevant positions that should not unfairly discriminate on the basis of conviction or other information disclosed. This policy shall be available upon request to potential Applicants. A sample policy can be found on the AccessNI website: https://www.nidirect.gov.uk/publications/sample-policy-recruitment-ex-offenders The End User may adopt this sample to ensure its compliance with the policy requirements set out under this clause.
(j) have a written policy and provide a copy of such policy to GBG, on the secure handling, use, storage and retention of disclosure information. A sample policy can be found on the Access NI website: https://www.nidirect.gov.uk/sites/default/files/publications/Sample-Policy-Statement-for-Responsible-Bodies.DOCX - . The End User may adopt this sample, to ensure its full compliance with the policy requirements set out under this Clause;
(k) ensure that disclosure information is only made available to those who need to have access in the course of their duties;
(l) either return the original disclosure certificate to the Applicant or agree with the Applicant (in writing) the period for which the organisation will retain the original certificate;
(m) comply with recommendations arising from AccessNI compliance audits; and
(n) complete and return a copy of the ANI Checklist to GBG.
3. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
3.1 The End User acknowledges and accepts that the nature of this Service requires disclosure of Client Information to AccessNI who processes Client Information in its capacity as Controller and not Sub-processor. The End User’s request for this Service will be deemed to be the End User’s instruction to GBG to disclose Client Information to the AccessNI as necessary to perform this Service.
3.2 AccessNI is based in the UK which is located within the EEA. On this basis, Personal Data is not transferred outside of the EEA in order to provide End Users with access to this element of the Service.