• 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 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 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
1.2 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
(f) DBS Enhanced + ISA Adult First is a service exclusive to the health sector, registered care homes, domiciliary care agencies and adult placement schemes. 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.
1.3 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.
1.4 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. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS
2.1 The End User acknowledges and accepts that the nature of this Service requires disclosure of Client Information to DBS 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 DBS as necessary to perform this Service.
2.2 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.

3. SUSPENSION AND TERMINATION
3.1 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 DS is terminated.
3.2 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.
3.3 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.
3.4 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.