STATEMENT OF FAIR PROCESSING

 

By accessing Employmentcheck.org.uk and providing us with your personal details you are agreeing to the terms of our privacy policy as laid out in this Statement of Fair Processing.

All personal information provided will be treated with the strictest of confidence and in accordance with the Data Protection Act 1998.

Personal data will only be processed with the consent of the individual for the purpose of administering a Disclosure application. Any information provided will be securely held on a password-protected database, compliant with ISO27001, with access restricted to named individuals who require access as part of their normal duties.

All information is submitted to and from the DBS via a secure government pathway. The information is encrypted whilst in transit.

The Disclosure and Barring Service will refer the details provided on this application form to government and law enforcement bodies in accordance with any relevant legislation. The details provided to these bodies will be used for identifying possible matches to records held by them. Where such a match is established, data may be released to the DBS for inclusion on any certificate issued. The details provided on this form may be used to update the records held by the bodies specified above. The details provided on the application form may be used to verify your identity for authentication purposes. The DBS may use any information provided by the DBS on a certificate or otherwise held by the DBS to inform any of its barring decisions made under its powers within the Safeguarding Vulnerable Groups Act 2006.

Information will not be shared with any other third parties outside of the Disclosure process, except where required by Law, without the express consent of the individual

All information held following a Disclosure application will be securely destroyed when no longer required.

In line with Section 7 of the Act you will be provided with a copy of any information we hold on you, on request.

Any organisation using Employmentcheck.org.uk are required to sign a contract and by doing so they agree to:

 

  • Abide by the DBS Code of Practice
  • Abide by the Data Protection Act 1998
  • Have in place a policy for the recruitment of ex-offenders
  • Have a policy in place for the secure storage, retention, handling, use and disposal of disclosures and disclosure information

 

Please note that the following ONLY applies to standard and enhanced applications for Disclosure and Barring Service (DBS) Checks and only in cases where an applicant cannot provide sufficent documentation to evidence their identity under route one criteria.

https://www.gov.uk/government/publications/dbs-identity-checking-guidelines

 

This DOES NOT apply to Disclosure Scotland Basic (unspent convictions) checks for example those applicants who require basic checks in order to meet BPSS (Baseline Personnel Security Standard) requirements

 

EXTERNAL ID CHECKS - TERMS & CONDITIONS FOR END USERS

 

 

EXPERIAN DATA SERVICES END USER TERMS

 

1. Definitions

 

1.1 The following words and phrases shall have the following meanings:-

 

  • "The Agreement" means these Experian Data Services End User Terms;
  • "Authorised Personnel" means an employee of Your company who You have authorised to access the Experian Data;
  • "Confidential Information" means the Experian Data and the provisions of the Agreement;
  • "Experian Data" means any of the data forming part of the Experian Data Service;
  • "Experian Data Charge" means the amount payable in respect of the Experian Data;
  • "Experian Data Service" means the service known as "Authenticate";
  • "Integrated Service" means employmentcheck;
  • "Managed Service" means the managed services as described in the contract and/or Service Level Agreement between the Service Provider and the End User;
  • "Services Provider" means Kent County Council;
  • "Term" means unless terminated earlier, the shorter of (i) the term of the contract between the Services Provider and You, or (ii) the term of the agreement between the Service Provider and Us;
  • "We" means Experian Limited (and "Us" and "Our" shall be construed accordingly);
  • "You" means the person to whom the Services Provider provides the Integrated Service (and "Your" shall be construed accordingly).

1.2 Terms defined in the Agreement will have the meanings ascribed to them in the Agreement.

 

2. Provision of Experian Data

 

2.1 We will provide Experian Data for the Term direct to the Services Provider for it to use on Your behalf for use as part of the Managed Service or Integrated Service (as the case may be). You are entitled to request searches during the Term at your discretion which involve Our provision of Experian Data only for Your use. We shall only provide You with Experian Data, that You are entitled to receive for the purposes of making an ID Verification check.

 

2.2 You will not use any Experian Data for any purpose other than the receipt of the Managed Service or Integrated Service (as the case may be) nor adapt, alter or modify the Experian Data.

 

2.3 You undertake that on each occasion that You wish to use the Managed Service or Integrated Service to carry out ID Verification checks You shall obtain a consent from the relevant individual in the following terms:

 

"You may undertake a search with Experian for the purposes of verifying my identity. To do so Experian may check the details I supply against any particulars on any database (public or otherwise) to which they have access. They may also use my details in the future to assist other companies for verification purposes. A record of the search will be retained."

 

If any such consent is not obtained by You, You undertake that You shall not attempt to use the Experian Data Services in respect of the relevant individual.

 

2.4 In order for Us to provide the Experian Data Services to You and in order for Us to comply with the licence terms which British Telecommunications plc and/or other third party suppliers of telephone number data require all users of such data similar to Us to accept, You:

 

2.4.1. Appoint Us, as Your agent under this Agreement for the purpose of using Your data to carry out directory enquiry searches for and on behalf of You;

 

2.4.2. Authorise and instruct Us to:

 

2.4.2.1 Use any retrieved telephone numbers resulting from such directory enquiries for the sole purpose of comparing such telephone numbers against any telephone numbers contained within the relevant and applicable data and producing a score based upon whether there was or was not a match of telephone numbers; and

 

2.4.2.2. Incorporate the score referred to in Clause 2.4.2.1 into the overall score delivered by the Experian Data Services;

 

2.4.3. Further instruct and confirm to Us that telephone numbers retrieved from such directory enquiry searches are for use as input into the comparison process described in Clause 2.4.2 only and We are not required to return such telephone numbers to You.

 

3. Intentionally left blank.

 

4. Liability

 

4.1 Your contract for the Managed Service or Integrated Services is between you and the Services Provider. Subject to Clause 4.2 below, We shall not have any liability to You arising out of or in respect of Your use of the Experian Data. Without prejudice to the foregoing, We shall not have any liability to you for any indirect or consequential loss.

 

4.2 Nothing in these Terms and Conditions shall limit or exclude Our liability to You for death or personal injury caused by Our negligence, or the negligence of our servants or agents.

 

5. Compliance

 

5.1 Each of us shall in connection with the provision or use of the Experian Data (as appropriate) comply with all legislation, regulations and other rules having equivalent force which are applicable to each of us, including the Data Protection Act 1998 ("DPA"), and the Representation of the People Act 2000 and any regulations made thereunder (including the Representation of the People Regulations 2001) as amended from time to time ("ROPA Laws").

 

5.2 You will permit only expressly Authorised Personnel to have access to the Experian Data.

 

5.3 You will use the Experian Data Services, in accordance with any guidance that Services Provider issues to You.

 

5.4 If requested by Us, You agree to provide written evidence to Us evidencing the validity of Your search requests and Your compliance with the Data Protection Act 1998 in respect of each search.

 

6. Confidentiality

 

6.1 You will keep the Confidential Information strictly confidential and not disclose any part of the same to any person except as permitted by or required for the purposes of the receipt of the Integrated Services.

 

6.2 The provisions of Clause 6.1 above do not apply to any information to the extent is or comes within the public domain, or is required to be disclosed by law, court order or government.

 

6.3 For the purposes of the Freedom of Information Act 2000 ("FOIA") We believe that disclosure of the Confidential Information would prejudice our commercial interests, and would be in breach of confidence, and that the Confidential Information constitutes a trade secret. You will inform Us as soon as reasonably practical of any request for disclosure made to You under the FOIA in respect of the Confidential Information.

 

7. General

 

7.1 The copyright, database rights and all other intellectual property rights in the Experian Data will remain vested in Us (or Our third party licensors).

 

7.2 The provisions of these Terms and Conditions will.remain in force until either (i) the Service Provider’s agreement with Experian is terminated or (ii) You are no longer receiving the Experian Data Services as part of the Managed Service or the Integrated Services from the Services Provider, whichever is the earliest. However, We may terminate Your entitlement to have the Experian Data used as part of the Integrated Services on written notice to You and the Services Provider if You commit a material breach of any of these Terms and Conditions which is not remedied within 28 days after receipt of a notice from Us specifying the breach, requiring its remedy and making clear that failure to remedy may result in such termination.

 

7.3 If any part of these Terms and Conditions is found to be invalid or unenforceable by any Court or other competent body such invalidity or unenforceability shall not affect the other provisions of these Terms and Conditions and such other provisions shall remain in full force and effect.

 

7.4 If either of us fails to exercise a right or remedy which arises in relation to these Terms and Conditions, such failure shall not prevent the exercise of that right or remedy subsequently in respect of that or any other incident.

 

7.5 A waiver of any breach of these Terms and Conditions shall only be effective if it is made in writing and signed on behalf of the party who is waiving the breach or provisions. Any waiver of a breach of any terms of these Terms and Conditions shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other of these Terms and Conditions.

 

7.6 Nothing in this Agreement shall be construed as creating a right which is enforceable by any person who is not a party to this Agreement.

 

7.7 These Terms and Conditions and all matters arising out of them shall be governed by, and construed in accordance with the Laws of England. The English Courts shall have exclusive jurisdiction over any claim or matter which may arise out of or in connection with these Terms and Conditions.

 

* END OF END USER TERMS*