Common use of Criminal and other Background Checks Clause in Contracts

Criminal and other Background Checks. (a) Supplier shall inform Buyer if any Supplier Personnel to be assigned to perform services hereunder are former employees of Xxxxx, which assignment is subject to Xxxxx’s approval. (b) To the extent permitted by local law, Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform services. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services based on Supplier’s individualized assessment of the conviction against the services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform services, Xxxxx must first be informed of such decision. Xxxxx will thereafter review the criminal conviction and services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, Buyer will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon Buyer request and subject to applicable law, Supplier will provide documentation to Buyer to verify its compliance with this section.

Criminal and other Background Checks. (a) Supplier shall inform Buyer if any Supplier Personnel to be assigned to perform services hereunder are former employees of Xxxxx, which assignment is subject to Xxxxx’s approval. (b) To the extent permitted by local law, (including any applicable collective agreements), Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations countries or locations(as applicable) where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform services. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services based on Supplier’s individualized assessment of the conviction against the services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform services, Xxxxx must first be informed of such decision. Xxxxx will thereafter review the criminal conviction and services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, Buyer Xxxxx will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) Such information may only be provided if allowed under applicable law and any collective agreements (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon Buyer request and subject to applicable law, Supplier will provide documentation to Buyer to verify its compliance with this section.

Criminal and other Background Checks. (a) Supplier shall inform Buyer if any Supplier Personnel to be assigned to perform services hereunder are former employees of Xxxxx, which assignment is subject to Xxxxx’s approval. (b) To the extent permitted by local law, (including any applicable collective agreements), Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations countries or locations(as applicable) where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform services. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services based on Supplier’s individualized assessment of the conviction against the services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform services, Xxxxx must first be informed of such decision. Xxxxx will thereafter review the criminal conviction and services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, Buyer Xxxxx will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) Such information may only be provided if allowed under applicable law and any collective agreements (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon Buyer request and subject to applicable law, Supplier will provide documentation to Buyer to verify its compliance with this section. C ountry Specific Clauses Amendments for Denmark The following terms and conditions apply to transactions performed entirely within Denmark only and amend the other provisions of this PO to bring the conduct of the parties' transactions into conformity with local law and practice. Data Privacy In addition to the parties obligations under the PO with respect to any confidential data or any disclosure/nondisclosure agreements, where under this PO Buyer discloses information relating to an identified or identifiable individual, partnership, corporation or other entity ('Personal Data') Supplier will apply appropriate technical and organizational security measures to protect Personal Data against destruction, loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing. Supplier represents and warrants: (i) that it will comply with applicable data protection laws and regulations (including any requirement for notification to, or registration with, country data protection authorities), and (ii) that it will only access, use, manage, disclose to third parties, transfer overseas or otherwise process Personal Data in accordance with Buyer’s instructions. Buyer generally instructs Supplier to process Personal Data to the extent necessary to perform this PO. Supplier will promptly assist Buyer in responding to requests to allow access to, correct, block, suppress or delete any Personal Data, including providing Buyer with a copy of all relevant Personal Data in tangible form. Supplier will not transfer any Personal Data out of any country having data protection laws and/or regulations restricting transfers of Personal Data without Buyer’s consent to the transfer in writing. Buyer may, upon reasonable notice, audit and verify Supplier’s compliance with the provisions of this Section. On termination of this PO Supplier shall, at Buyer’s request, promptly return or erase all Personal Data stored in its internal systems.

Criminal and other Background Checks. (a) Supplier shall inform Buyer if any Supplier Personnel to be assigned to perform services hereunder are former employees of Xxxxx, which assignment is subject to Xxxxx’s approval. (b) To the extent permitted by local law, Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform services. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services based on Supplier’s individualized assessment of the conviction against the services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform services, Xxxxx must first be informed of such decision. Xxxxx will thereafter review the criminal conviction and services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, Buyer will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon Buyer request and subject to applicable law, Supplier will provide documentation to Buyer to verify its compliance with this section.. Additional provisions relating to U.S. Federal and public sector: In accepting these terms on behalf of Supplier, you, or you on behalf of a Third Party Supplier/sub-tier, represent and warrant that you have full authority to bind Supplier to these terms. Defense Priorities and Allocations System (DPAS) - 15 C.F.R. 700: In accordance with 15 C.F.R. Part 700, 13(d), Supplier must accept or reject a rated order and transmit its acceptance or rejection, in writing (via E-mail), within fifteen (15) working days after receipt of a DO rated order and within ten (10) working days after receipt of a DX rated order. If you reject this order, you must provide, in writing (via E- mail), your reasons for the rejection to buyer, in accordance with paragraphs (B) and (C) of the above-referenced C.F.R. If an order is placed that contains the notice for emergency preparedness under 15 C.F.R. 700, 12(b), Supplier must accept or reject in writing (via E-mail) within the time period stated in such order. If you have accepted a rated order and subsequently find that shipment or performance will be delayed, you must notify Buyer immediately, provide the reasons for the delay, and inform Xxxxx of a new shipment or performance date. If you provide such notification verbally, you must give written notice (via E-mail) within one working day of the verbal notification. Compliance with laws unique to government contracts: For work performed under specific U.S. government procurement contracts the following provisions apply: 48 C.F.R. 52.222-26, Equal Opportunity (Sept. 2016); 48 C.F.R. 52.222-35, Affirmative Action for Special Disabled and Vietnam ERA Veterans (Oct. 2015) (If for $150,000 or more); 48 C.F.R. 52.222-36, Affirmative Actions for Handicapped Workers (July 2014) (if in excess of $15,000); and 48 C.F.R. 52.222-37, Employment Reports Veterans. These provisions have the same force and effect as if they were stated in their full text. Supplier agrees that it and its employees who work under this PO will comply, and assist Xxxxx in complying with, the laws unique to performing on government contracts, including without limitation, the following statutes and regulations: 31 U.S.C. 1352, relating to the limitation on the use of appropriated funds to influence certain Federal contracts; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 423, Procurement Integrity Act; 48 C.F.R. Subpart 9.5, relating to conflicts of interest; and 29 CFR Part 471, including the posting of the employee notice prescribed at 29 CFR Part 471, Appendix A to Subpart A. Supplier also agrees not to offer or give gifts on behalf of Buyer to third parties, including without limitation, U.S. government employees and officials. Supplier shall include in each lower-tier subcontract the appropriate flow down clauses as required by FAR and DFAR. In the event of a conflict between language in a purchase order and incorporated federal flow down clauses, including FAR and DFAR provisions, the latter take precedence. Prohibition on contracting with Kaspersky Lab: Pursuant to F.A.R. 52.204-23 – Prohibition on Contracting for Hardware, Software, and services Developed by Kaspersky Lab and Other Covered Entities

Criminal and other Background Checks. (a) Supplier shall inform Buyer Xxxxxxx if any Supplier Personnel to be assigned to perform services Services hereunder are former employees of XxxxxXxxxxxx, which assignment is subject to XxxxxXxxxxxx’s approval. (b) To the extent permitted by local law, Supplier will obtain from Supplier Personnel photographic proof of identity from an official government source (including but not limited to documentation such as a valid driver’s license or government issued passport). (c) To the extent permitted by local law, Supplier will conduct or otherwise obtain criminal background checks on Supplier Personnel as defined in section (d) below, in locations where the Supplier Personnel resided for the past seven years. Where no criminal convictions within the past seven years are identified, Supplier Personnel may be assigned to perform servicesServices. Where a criminal conviction is identified, Supplier may not assign Supplier Personnel where Supplier Personnel is disqualified from performing services Services based on Supplier’s individualized assessment of the conviction against the services Services to be performed in accordance with applicable law and guidance, which may include but is not limited to the Equal Employment Opportunity Commission’s promulgated guidance in the United States or similar state or other government promulgated guidance, as applicable. If, after such assessment, Supplier still recommends assigning a Supplier Personnel with a criminal conviction to perform servicesServices, Xxxxx Xxxxxxx must first be informed of such decision. Xxxxx Kyndryl will thereafter review the criminal conviction and services Services which will be performed and/or access that the Supplier Personnel will have. Unless otherwise required for this review, Buyer Kyndryl will not receive any personally identifiable information (e.g., Supplier Personnel name, social security number, etc.) (d) For Supplier Personnel in the United States, a Federal background check must be conducted as well as a county or state background check, whichever is more comprehensive. In other countries, background checks may be at the county, state, province and/or country level, whichever is most comprehensive. (e) Upon Buyer Kyndryl request and subject to applicable law, Supplier will provide documentation to Buyer Kyndryl to verify its compliance with this section.