• Supplier hosts the Supplier Data
• Supplier is a Sub-processor of Client Information
• Client Information includes Personal Data
• The Sub-processor is located in the UK
• The Sub-processor is based within the EEA

The Supplier Data that GBG uses to provide DBS checks is supplied by GBG’s Data Supplier, Disclosure and Barring Service (“DBS”) GBG is obliged under the terms of its agreement with its Data Supplier to ensure that all End Users agree to comply with the provisions set out below. These terms apply to all DBS checks. Individual DBS checks are identified by an ID Number on the Order Form.

1. DBS COMPLIANCE AND DEFINITIONS
1.1 In these Additional Terms , unless the context clearly indicates otherwise the following definitions shall apply:
“Clear Disclosure” means any Disclosure that does not contain or reveal any Material Disclosure.
“Code(s) of Practice” means the official published Disclosure and Barring Service (DBS) Code of Practice for Registered Persons and Other Recipients of Disclosure Information (as applicable) which can be downloaded from https://www.gov.uk/government/publications/dbs-code-of-practice.
“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.
“DBS and/or Disclosure and Barring Service” means the Disclosure and Barring Service, a government agency that replaced the Criminal Records Bureau and Independent Safeguarding Authority.
“Material Disclosure” means any Disclosure that contains or reveals material information.
1.2 The End User should be aware that for the purposes of Standard and Enhanced Checks on volunteers the DBS defines a volunteer as any person engaged in an activity which involves spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing something which aims to benefit some third party and not a close relative. To qualify for a free-of-charge criminal record check,the Applicant must not:
(a) benefit directly from the position for which the DBS application is being submitted;
(b) receive any payment (except for travel and other approved out-of-pocket expenses);
(c) be on a work placement;
(d) be on a course that requires them to do this job role; or
(e) be in a trainee position that will lead to a full time role/qualification

1.3 The End User acknowledges that:
(a) Standard Checks are for people entering certain professions, which are defined by the Rehabilitation of Offenders Act 1974 Exceptions order 1975;
(b) Barred List Checks are for posts involving work in a Regulated Activity for a Regulated Activity provider with children and/or vulnerable adults. In order for an applicant to be eligible for a Barred List Check, the role carried out must meet the definition of Regulated Activity as defined in the Protection of Freedoms Act 2012;
(c) Regulated Activity shall have the meaning ascribed to it in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 as amended (in particular, by the Protection of Freedoms Act 2012);
(d) Enhanced Checks are for posts involving work as defined by the Safeguarding Vulnerable Groups Act 2006;
(e) The DBS defines a child as someone who is under 18; and DBS Enhanced + ISA Adult First is a service exclusive to the health sector, registered care homes, domiciliary care agencies and adult placement schemes.
(f) Requests for DBS Adult First checks carry strict criteria and are permissible only where it is necessary to take such action because of a real danger that staffing levels will fall below statutory obligations.
1.4 The End User acknowledges and accepts that to knowingly carry out a DBS check where there is no legal eligibility is a criminal offence and the End User warrants that it will not knowingly carry out a DBS check where there is no legal eligibility to do so.
1.5 The End User acknowledges and accepts that it is a criminal offence for any person to apply for a job, which involves a Regulated Activity with Children and/or Adults if that person is barred from working in Regulated Activity with Children and/or Adults.

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 (in respect of the DBS, the following information is available from the DBS website www.homeoffice.gov.uk/dbs);
(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. An example that illustrates the policy to be adopted can be found on the Disclosure and Barring Service website.
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. A sample policy is available from the Disclosure and Barring Service website.
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 End User Information to DBS who processes End User 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 End User Information to the DBS as necessary to perform this Service.
3.2 DBS 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.