Access Screening Product Specific Terms

1. Definitions 

Activity / Activities — the processes provided by the Screening SaaS, including employment and personal references, academic references, identity checks, validating and checking passports and driving licences, and criminal record checks. 

Candidate — a person who is the subject of an Activity. 

Candidate Portal — a public portal for Candidates to submit data and documents. 

Consent — the Candidate agreeing (electronically or in writing) to the completion of all checks to be performed. 

Disclosure — the online or paper certificate issued by Disclosure Scotland or the Disclosure and Barring Service detailing an individual's criminal conviction or (where appropriate) non-conviction information, or confirming that no such information is attributed to the individual. 

Disclosure Result — the result(s) of one or more checks carried out by the DBS, DS or another third-party criminal record check. 

Data Protection Legislation — as defined in the applicable Data Processing Schedule. 

DBS / DS — the Disclosure and Barring Service / Disclosure Scotland. 

Footprint — the record of any checks and searches carried out for a Candidate, including identification checks, credit checks, credit references and debt-collection matters. 

IDVT Check(s) — an identity check carried out using identity document validation technology (IDVT). 

IDVT Use Policy / Konfir Use Policy — Our policies at the links in Your Order, which We may update from time to time. 

Operator Portal — a web portal within the Software used by Your Screening Users to access the Screening SaaS. 

Our Materials — any items We provide to You in connection with this Agreement, including Screening Output. 

Partners — organisations that supply, host or process data to or for Us in connection with the Services. We may use alternative Partners at Our discretion. 

Responsible Body — an organisation approved and registered with the DBS or DS (or another third party carrying out criminal record checks) as authorised to apply for disclosures on behalf of staff, volunteers or associates - and, where it is an 'umbrella body', also on behalf of third-party customer organisations. 

Screening Charges — the fees (as applicable) set out in the Order for the Screening SaaS. 

Screening Output — any electronic or other data, information, scores, records or material derived, prepared or generated by Us and Our Partners as part of the Screening SaaS. 

Screening SaaS — the Screening SaaS described in the Screening Charges table in the Order and selected by You from time to time, delivered via the Operator Portal. 

Screening User — Your employee or a person You authorise to access the Screening SaaS who is trained on Your obligations for its use. 

Territory — the United Kingdom, or any of New Zealand, Australia, the European Union and Singapore if specified in the Order. 

2. Partner terms 

2.1 The Screening SaaS uses services and databases licensed to Us by Our Partners. As a condition of those licences, You agree to certain Partner-imposed terms in this Agreement. In particular, You will comply with the IDVT Use Policy (where IDVT Checks are in Your Order) and the Konfir Use Policy (where Konfir Services are provided to You). We may, by written Notice to You, amend the Agreement to take account of any term a Partner requires to be included. 

2.2 If a Partner can no longer provide a Screening SaaS or database to Us, We will use reasonable endeavours to source an equivalent or similar service or database. You agree that We have no responsibility or liability for the discontinuation of any Partner service or database. 

3. Your licence and use of Screening Output 

3.1 We grant You a non-exclusive licence to use any Screening Output provided to You as part of the Screening SaaS, in the Territory and in accordance with this Agreement. 

3.2 You agree to use the Screening Output and Our Materials in accordance with this Agreement. Except as this Agreement allows, You will not: 

(a) sell, transfer, sub-license, distribute, commercially exploit or otherwise make available to (or use for the benefit of) any third party any Screening Output or Our Materials; 

(b) adapt, alter, modify, reverse-engineer, decompile or otherwise interfere with the Screening Output or Our Materials (or allow any third party to) without Our prior written consent or as permitted by law; or 

(c) take more copies of the Screening Output or Our Materials than are reasonably required to use the Screening SaaS. 

4. Accuracy and liability 

4.1 Because We and Our Partners collate data from third-party sources, We give no warranty and make no representation about the accuracy, reliability or fitness for purpose of the Screening Output, and We cannot verify data transferred to Us by third parties. We are not liable for inaccuracies, faults or omissions in the Screening Output except to the extent caused by Our negligence or wilful default. 

4.2 Regardless of the governing law, each Partner may enforce, under the Contracts (Rights of Third Parties) Act 1999, any term of this Agreement specifically stated to be for the Partners' benefit. Other than the Partners, neither party intends to confer rights on any third party, and the Contracts (Rights of Third Parties) Act 1999 does not otherwise apply. 

5. Data protection and lawful basis 

5.1 You may only use the Screening SaaS and Screening Output for legitimate purposes. You warrant that, before using the Screening SaaS, You will either obtain consent for searches or have a legal basis under applicable Data Protection Legislation for conducting them. You indemnify Us for any loss We suffer as a result of a breach of this warranty. 

5.2 Given the nature of the processing under these terms, You will comply with all applicable laws (including Data Protection Legislation) on giving individuals (including Candidates) clear, transparent information - in concise, intelligible, easily accessible, plain language - about Your purposes for processing their personal data, Your retention periods, and who it will be shared with. That information must describe Your lawful basis for processing as a controller and for instructing Us to process personal data on Your behalf. You warrant that the type and scope of Activities You carry out is appropriate, and where You warrant You have a legal basis You indemnify Us for any loss We suffer from a breach of that warranty. 

5.3 If Your use of the Screening SaaS relates to an individual's application, agreement or vetting, You will (where appropriate) comply with the notification requirements in the Data Protection Legislation and notify the individual in writing that: (a) the information they give You may be disclosed to a credit reference or fraud prevention agency, which may keep a record of it (the Footprint); and (b) the agency may disclose that information, and the fact that a search was made, to its other customers to assess credit risk, prevent fraud and trace debtors. 

6. Additional security requirements 

6.1 Because of the nature of Our and Our Partners' businesses (particularly criminal record checks, county court judgements and other vetting data), We and Our Partners require high security standards around the Screening SaaS. You must follow these requirements at all times, through any means by which You order or access the Software (system-to-system, direct access terminal, personal computer or the internet). These obligations are in addition to any requirements imposed by applicable law. You will: 

(a) ensure that only Authorised Users can access the Software and Screening SaaS; 

(b) ensure that Authorised Users do not start Activities for personal reasons, or provide them to any third party, unless expressly permitted by an agreement between the parties; 

(c) ensure all devices used to access the Operator Portal are in a secure location accessible only by Authorised Users, and are secured when not in use (for example by screen locks or powering down); 

(d) take all necessary measures to prevent unauthorised access to the Operator Portal, including limiting knowledge of security codes, access numbers and passwords to those who need to know; 

(e) never access the Operator Portal via an unsecured or unauthorised device (secured wireless connections must meet at least Our encryption standards in (g)); 

(f) not use personal computer hard drives or portable/removable storage to store Screening Output; encrypt data when not in use; store all printed Screening Output in a secure, locked container when not in use; and completely destroy it when no longer needed (for example by cross-cut shredding) so it is not readable or usable; 

(g) if You send, transfer or ship any Screening Output, encrypt the data using at least AES (minimum 128-bit key) or Triple DES (minimum 168-bit key), as We may modify from time to time; 

(h) monitor compliance with these requirements - including reviewing each of Our invoices to detect unauthorised activity - and immediately notify Us if You suspect or know of any unauthorised access or attempt; 

(i) not ship hardware or software between Your locations or to third parties without purging all sensitive information; 

(j) if You use a third-party vendor to access the Screening SaaS, remain responsible for their use of Your member numbers, security codes and passwords, and ensure they apply security requirements no less stringent than Yours; and 

(k) use best endeavours to assure security when disposing of any vetting information or record obtained from Us, in accordance with Data Protection Legislation. 

6.2 We may suspend the Screening SaaS and the supply of Screening Output if, acting reasonably, We believe You have suffered, are suffering or may suffer a breach (or attempted breach) of Your security. During any suspension: (a) We have no liability to You; (b) You will cooperate with Us to address the cause; (c) neither party will make any public statement about the Screening SaaS or Screening Output identifying the other, unless required by law; and (d) We will reinstate suspended services once We are satisfied as to security. 

7. Criminal record checks - DS and DBS 

7.1 The parties agree to facilitate use of the online screening form used to carry out DS, DBS and/or third-party checks, and to make the Disclosure Result available to You electronically within the Screening SaaS on receipt. Original Disclosures can be provided by post where applicable, issued via Disclosure Scotland, at Your cost. 

7.2 We are not responsible for clarifying or investigating actual or claimed discrepancies or anomalies identified during, or contained in, the Disclosure Results, whether with the Candidate or any third party. 

7.3 Where DS or DBS checks are provided, We warrant that throughout the term these are performed by a Responsible Body and that We comply with the relevant Code of Practice for Responsible Bodies. 

7.4 You warrant that throughout the term You will store, handle, retain and dispose of the Disclosure Result strictly in accordance with the DS Code of Practice for Responsible Persons and Other Recipients of Disclosure Information, the DBS Code of Practice for Registered Persons and Other Recipients of Disclosure Information, and/or the requirements of any relevant third-party documents. 

7.5 You are solely responsible for, and liable to obtain or facilitate, Consent from any Candidate. Where Consent is provided through the Screening SaaS, We are entitled to treat Consent as granted. You will make copies of Consent for other Candidates available to Us on request.