• Supplier hosts the Supplier Data
• Supplier is a Sub-processor of Client Information
• Client Information includes Personal Data
• The Sub-processor is located in United States
• The Sub-processor is located outside of the EEA
• The Supplier is subject to the Privacy Shield Framework so is deemed to offer an adequate level of data protection by the European Commission

The Supplier Data that GBG uses to provide KYP – Overseas Employment Screening Services – S42 is supplied by GBG’s Data Supplier. GBG is obliged under the terms of its agreement with its Data Supplier to ensure that all End Users agree to comply with the following provisions:

1. DEFINITIONS

1.1 In these Additional Terms , the following definitions shall apply, in addition to the definitions set out in the General Terms:

“Permitted Purpose” means provision of information for pre-employment and screening purposes.

2. USE OF THE SERVICE

2.1 The End User may only use KYP – OCRC – S42 for the Permitted Purpose in accordance with the terms contained within these terms.

3. END USER OBLIGATIONS

3.1 The End User agrees that, prior to requesting the Supplier Data, the End User will provide each Data Subject with a written notice statement, advising the Data Subject of their rights (in accordance with relevant International Data Privacy Protection) and that the Data Subject’s Personal Data will be used to enable the Data Supplier to provide the Supplier Data to End User.

3.2 The End User agrees that, prior to requesting any Supplier Data, the End User will obtain written consent (which is given voluntarily and has not been withdrawn) from each Data Subject for transferring, exporting and processing of the Data Subject’s Personal Data outside the United States. Such consent from Data Subjects may include signed international consent forms, waiver letters, and special letters of authority (limited power of attorney) and proof of identity. The Data Supplier will not be able to obtain the Supplier Data until it has received the required consent forms.

4. EXCLUSION OF WARRANTY/IES

4.1 The End User acknowledges and agrees that the data is provided “as is”, “as available” and with all faults and is provided without any covenants, promises or guarantees as to accuracy, functionality, performance, merchantability, system integration, data accuracy or fitness for any purpose. Any conditions, terms or warranties as to the same implied or imposed by statue or common law are hereby excluded to the fullest extent permitted by law.

5. DATA PROTECTION AND COMPLIANCE WITH RELEVANT LAWS

5.1 The Supplier Data used to provide this element of the Service is hosted by the Data Supplier. In order to perform the Services, the Data Supplier shall act as Sub-processor of Client Information (including any Personal Data supplied) for the sole purpose of delivering this element of the Service. The End User authorises GBG to appoint the Data Supplier as Sub-Processor for the purposes specified in this clause 5.1.

5.2 The Data Supplier is based in the United States which is located outside of the EEA. The Data Supplier is subject to the Privacy Shield Framework so is deemed to offer an adequate level of data protection for Personal Data by the European Commission, therefore the Parties acknowledge that Personal Data can be safely transferred to the Data Supplier for sub-processing without further data export safeguards.

6. GOVERNING LAW AND JURISDICTION

6.1 In relation to any matter concerning KYP-OCRC-S42 and these terms and conditions, these terms and conditions shall be exclusively governed by the laws of the State of Georgia and the End User agrees to submit to the federal and state courts located in Georgia, as applicable.