Additional Services Terms of Use

Rightcheck’s primary purpose is to facilitate the undertaking of Right to Work checks; the software also facilitates the undertaking of other pre-employment and background screening checks. Rightcheck may involve reputable third party suppliers in the processing of these additional checks, as detailed below.

These Additional Service Terms of Use govern a Subscriber’s access to and use of the platform that take effect when they sign the Subscription Agreement for Additional Services, or click the “Continue” button or checkbox as presented within the platform to proceed.

Subscriber’s represent to Rightcheck that all designated users of the platform are authorised to utilise the platform for the Additional Services (as defined by the Subscription Agreement) and agree to the following terms, applicable to the particular additional check categories.

• 1.1 Rightcheck utilises the services of a third-party supplier to support the undertaking of CRC checks.
• 1.2 The Subscriber accepts responsibility for the following:
• 1.2.1. Ensuring candidates at the start of the Subscriber’s recruitment process are aware of their need, purpose and approach to undertaking criminal record checks.
• 1.2.2. Implementing a written policy specifying the process and criteria used by the Subscriber for the purposes of undertaking criminal record checks.
• 1.2.3. Ensuring appropriate measures are in place to protect and control the output of the check, and associated candidate data, aligned to the intended purpose and all relevant data protection legislation and regulations.
• 1.3. Furthermore, when requesting via Rightcheck a criminal record check on a candidate resident in the United Kingdom, Subscriber’s agree to fully comply with the sections of the codes related to employers or clients of umbrella bodies of the Disclosure & Barring Service (“DBS”), Disclosure Scotland (“DS”) and/or AccessNI (“ANI”), or relevant processing standards (each a “Code”), and specifically to:
• 1.3.1 Ensure candidates are aware of and have access to the Rehabilitation of the Offenders Act 1974 and furthermore receive a copy of the applicable Code at the start of the recruitment process;
• 1.3.2 Implement a written policy specifying the process and criteria used by the Subscriber for employment, recruitment and/or hiring decisions regarding candidates with a criminal record history;
• 1.3.3 Notify Rightcheck of who within your organisation is permitted to receive disclosure information and promptly notify Rightcheck of any changes thereto;
• 1.3.4 Comply with the process of ensuring the true identity of the candidate in accordance with the relevant guidelines issues by DBS, DS or ANI from time to time.

• 2.1. In addition to the aforementioned criminal record checks (CRC) and associated information, Rightcheck will, upon the subscriber’s instruction, periodically employ the services of a third-party supplier to facilitate international criminal record checks for candidates now resident in the UK who have declared, within a five-year address history span, that they resided overseas.
• 2.2. These international CRC checks, or their nearest equivalents, will be conducted subject to the availability of jurisdictional services and compliance with local data protection laws.
• 2.3. The Subscriber accepts responsibility for the following:
• 2.3.1. Ensuring candidates at the start of the Subscriber’s recruitment process are aware of their need, purpose and approach to undertaking international criminal record checks.
• 2.3.2. Implementing a written policy specifying the process and criteria used by the Subscriber for the purposes of undertaking international criminal record checks.
• 2.3.3. Ensuring appropriate measures are in place to protect and control the output of the check, and associated candidate data, aligned to the intended purpose and all relevant data protection legislation and regulations.

• 3.1 When the Subscriber requests via Rightcheck, an Irish Right to Work Check, in order to support the Subscriber’s compliance with a mandatory verification process to ensure that a candidate is legally permitted to work in the Republic of Ireland, the Subscriber agrees to fully comply with the legislation governing right to work checks in the Republic of Ireland, including several key statutory instruments and legal frameworks, namely:
• 3.1.1 Employment Permits Acts 2003-2014: These acts regulate the issuance of employment permits for non-EEA nationals, ensuring that only those with the appropriate permissions can work in Ireland.
• 3.1.2 Immigration Act 2004: This act outlines the requirements for non-EEA nationals to reside and work in Ireland, including the need for appropriate visas and residence permits.
• 3.1.3 General Data Protection Regulation (GDPR): This regulation governs the processing of personal data, including the information collected during right to work checks, ensuring compliance with data protection laws.
• 3.1.4 Data Protection Acts 1988-2018: These acts complement the GDPR and provide additional guidelines on the handling and protection of personal data in Ireland.
• 3.1.5 Workplace Relations Act 2015: This act establishes the Workplace Relations Commission (WRC), which oversees compliance with employment laws, including right to work checks.
• 3.2 The Subscriber accepts responsibility for the following:
• 3.2.1 Ensuring candidates at the start of the Subscriber’s recruitment process are aware of and receive a copy of the applicable Acts.
• 3.2.2 Implementing a written policy specifying the process and criteria used by the Subscriber for the purposes of ascertaining a candidate’s right to work in the Republic of Ireland.
• 3.2.3 Ensuring appropriate measures are in place to protect and control the output of the check, and associated candidate data, aligned to the intended purpose and all relevant data protection legislation and regulations.

• 4.1 Rightcheck utilises the services of a third-party supplier to support the undertaking of bank verification checks.
• 4.2 The Subscriber accepts responsibility for the following:
• 4.2.1 Ensuring candidates at the start of the Subscriber’s recruitment process are aware of their need, purpose and approach to undertaking a bank verification check.
• 4.2.2 Implementing a written policy specifying the process and criteria used by the Subscriber for the purposes of verifying a candidate’s bank details.
• 4.2.3 Ensuring appropriate measures are in place to protect and control the output of the check, and associated candidate data, aligned to the intended purpose and all relevant data protection legislation and regulations.

• 5.1 Rightcheck utilises the services of a third-party supplier to support the undertaking of a candidate’s address check.
• 5.2 The Subscriber accepts responsibility for the following:
• 5.2.1 Ensuring candidates at the start of the Subscriber’s recruitment process are aware of their need, purpose and approach to undertaking an address check.
• 5.2.2 Implementing a written policy specifying the process and criteria used by the Subscriber for the purposes of verifying a candidate’s address.
• 5.2.3 Ensuring appropriate measures are in place to protect and control the output of the check, and associated candidate data, aligned to the intended purpose and all relevant data protection legislation and regulations.