DBS terms summary
The following terms (the “DBS terms”) are incorporated into our Service User Terms, which together with your contract schedule (where provided), our Business Terms, our Data Processing Agreement, and our Privacy Policy form the “Agreement”, and apply to your use of DBS standard and enhanced checks. Defined terms in the DBS terms shall have the meanings as defined in the agreement. For the purpose of these DBS Terms “DBS” means the Disclosure and Barring Service.
These DBS terms are designed to ensure compliance with the relevant laws and regulations and protect the interest of all of our Clients, their employees, as well as our reputation.
Legal basis
The Client warrants that it has an appropriate legal basis under all applicable Data Protection Laws in relation to the processing of all Personal Data submitted to the Services.
Data subject declaration and consent
The Client warrants that it will retain evidence of the declaration and consent provided by the data subject in the Amiqus system for 12 months. This will state that on a given date, the data subject:
- Represented his/her identity to be true;
- Gave a declaration about the information he/she provided;
- Gave consent for the application; and
- Corroborated his/her identity to be true via documentation.
DBS compliance
The Client warrants that it will conform with the provisions of all relevant DBS policies, as amended from time to time, including the:
As an Umbrella body, Amiqus are obliged to comply with the DBS code of practice and guidance. Amiqus is required to review application submissions to assess and validate that the appropriate level of DBS check (standard, enhanced or enhanced with barring) has been selected by the client. Where the appropriate level of DBS check is not selected by the client, Amiqus is required to reject the application and return to the client. Role eligibility and final application submission is at the discretion of Amiqus.
Application submission
When submitting an application to DBS, the Client warrants that:
- All identity documentation has been supplied and verified;
- The application satisfies the eligibility criteria for asking an exempted question or a prescribed purpose; and
- All information supplied is complete and true.
Countersignatory delegation
Notwithstanding Amiqus’ own responsibilities under the DBS code of practice and guidance, Amiqus commit to providing appropriate training and maintaining support material to support the Client’s use of the Amiqus platform in the undertaking of the below delegated responsibilities.
The Client and Service Users responsibilities:
- Selecting the appropriate level of check (standard, enhanced or enhanced with barring);
- Sending the request for information to the data subject;
- Reviewing the information submitted by the data subject;
- Reviewing identity verification documents;
- Submitting the application for Amiqus’ review;
- Reviewing the indicative notice provided;
- Asking the applicant for the disclosure certificate;
- Making a decision based on the outcome of the check; and
- Storing, handling and deleting disclosure information as appropriate.
Liability
The Client shall indemnify Amiqus for all losses suffered by Amiqus arising out of the Client’s failure to comply with the warranties detailed in these DBS terms.
Amiqus shall not be liable for any loss arising out of any error in information provided by DBS or the Client, unless such error was caused by the negligent actions of Amiqus.
Amiqus shall not be liable for any loss arising out of Amiqus being unable to continue to provide the Service for any reason, such as Amiqus no longer holding DBS Registered Body status.
Right to audit
Amiqus may audit the Client’s submissions to the Service at any time to ensure the Client’s compliance with these DBS terms. Amiqus’ request to audit will be made with a minimum of seven working days’ notice.
The Client’s failure to comply with the DBS terms shall be considered a material breach of contract which may result in account suspension or termination.