• Supplier hosts the Supplier Data
• Supplier receives and processes Client Information in its capacity as Controller
• Client Information includes Personal Data
• The Supplier is based in the UK
• The Supplier is located within the EEA

The Supplier Data that GBG uses to provide KYP Basic Check is supplied by GBG’s Data Supplier, Disclosure Scotland (“DS”) The Additional Terms below sets out further terms in relation to Criminal Record Checks (Scotland). Individual Criminal Record Checks (Scotland) are identified by an ID Number on the Order Form.

1. DS COMPLIANCE AND DEFINITIONS
1.1 In these Additional Terms , unless the context clearly indicates otherwise:
“Clear Disclosure” means any Disclosure that does not contain or reveal any Material Disclosure.
“Code(s) of Practice” means the official published Code of Practice of Disclosure Scotland which can be downloaded from www.disclosurescotland.co.uk
“Customer Verifier” means the individual nominated by the End User to examine the identity documentation produced by the Applicant. For DBS checks the Customer Verifier must confirm that the identity documentation are current, relate to the individual and must perform a physical likeness check against any photographs that form part of that identity documentation. For Disclosure Scotland checks the Customer must Verifier confirm that the documents support the Application Form’s content.
“Disclosure” means the certificate provided by the External Agency indicating Clear Disclosure or Material Disclosure.
“Disclosure Service” means the services provided by Disclosure Scotland or the Disclosure and Barring Service as appropriate to check whether the Applicant has outstanding criminal convictions and/or is proscribed from the work or occupation in question.
“DS and/or Disclosure Scotland” means Disclosure Scotland, an Executive Agency of the Scottish Government.
“Material Disclosure” means any Disclosure that contains or reveals material information.

2. END USER OBLIGATIONS
2.1 The End User agrees to ensure that:
(a) that each Applicant completes all mandatory details on the Application Form. The End User shall procure that its Permitted User(s) and/or Customer Verifier (as applicable) check each Application Form for accuracy and completeness prior to submission to GBG and will verify each Applicant’s identification documents in accordance with the End User’s obligations under this Agreement;
(b) the Disclosure Service selected by the Permitted User is appropriate for the Applicant and that the position of the Applicant entitles them for the check as per the requirements of the relevant External Agency. By requesting GBG to perform the check on the Applicant, the End User agrees that the job position of the Applicant meets the relevant External Agency eligibility requirements.
(c) that the Permitted User forwards, uploads or submits the completed and checked Application Forms to GBG to allow it to provide the Service in with sufficient lead time to meet any agreed or anticipated timescales; and
(d) (unless the Applicant has expressly consented to the End User otherwise) it uses and applies the information solely for the purpose of submitting the Application Forms and receiving the Disclosures and/or Disclosure Information;
(e) ensure that the Services are only accessed by Permitted Users (and the Applicants as applicable);
(f) ensure that Permitted Users do not submit Application Forms for personal reasons or provide them to any third party unless expressly permitted by any agreement between the End User and GBG.
(g) it complies at all times with the relevant Code(s) of Practice;
(h) be responsible for:
• obtaining the informed express written consent (permission) of the relevant individuals prior to the relevant Services being performed;
• complying with its obligations under this Agreement.
2.2 The End User must have and adhere to and comply with a policy on the secure storage, handling and retention of Disclosures and Disclosure Information as well as its secure destruction in accordance with the terms of the Police Act 1997.
2.3 The End User must have and adhere to and comply with a policy on the recruitment of ex-offenders that complies with the requirements of the Rehabilitation of Offenders Act 1974.
2.4 The End User accepts and acknowledges that GBG’s ability to perform the Services promptly an in accordance with the General Terms and Conditions depend on and are subject to:
(a) the End User giving GBG the correct, complete and accurate information to perform the Services in a timely and efficient manner; and
(b) the External Agency responding to GBG’s Application Form submission request in a timely and efficient manner.
2.5 GBG shall notify the End User as promptly as possible if it discovers or reasonably suspects that the Disclosure is incorrect or incomplete.

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 DS 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 DS as necessary to perform this Service.
3.2 DS 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.

4. SUSPENSION AND TERMINATION
4.1 GBG may immediately terminate this Agreement if the End User ceases to be entitled to carry out Disclosures or if GBG’s agreement with the DBS is terminated.
4.2 Where the Disclosure Service is suspended GBG will retain any Application Forms that remain un-submitted or are awaiting further processing or counter signature or approval pending resolution of the issue that caused or led to the suspension of the Disclosure Service.
4.3 Where the Disclosure Services are to be terminated, GBG will cease processing any Application Forms for DBS checks that have yet to be processed. GBG will delete these and any supporting information from GBG’s systems and confirm that this action has been completed. GBG will not accept any further requests from the End User for criminal record checking Service.
4.4 In the event of termination, any Application Forms that are currently in process with DBS will continue to be processed in the normal course of events and the Disclosure returned to the End User. The End User agrees to pay any outstanding fees in respect to these Disclosures.