RimJhim Consulting – Public Facing Privacy and Data Protection Statement
This Privacy Statement aims to give you information on how RimJhim Consulting collects and processes your Personal Data in its dealings with you, including any data you may provide through this website.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
It is important that you read this Privacy Statement together with any other privacy statements or fair processing notices we may provide on specific occasions when we are collecting or processing Personal Data about you so that you are fully aware of how and why we are using your data. This Privacy Statement supplements the other notices and is not intended to override them.
RimJhim Consulting needs to keep, process and store certain Personal Data and Special Category Data, for example about Clients and Candidates, in order to fulfil its commercial purposes. As of the 25th May 2018, under the provisions of the EU General Data Protection Regulation (EU2016/679) (“GDPR”) enacted into UK law by the Data Protection Act 2018, RimJhim Consulting has a legal duty to ensure that this personal information is collected and used fairly, stored safely and not disclosed to any other person or organisation unlawfully.
The Data Protection Act 2018, the GDPR, and any successor legislation are referred to in this Statement as the “Data Protection Legislation”.
The purpose of the Data Protection Legislation is ‘to protect the fundamental rights and freedoms of natural persons, in particular their right to privacy’ and in doing so it also provides data subjects (i.e. individuals whose Personal Data/Special Category Data is processed) with increased protection through express new rights.
You have choices about the data we collect. When you are asked to provide Personal Data, you may decline. But if you choose not to provide data that we deem necessary, then you may not be able to be considered for a programme that RimJhim Consulting is delivering (if you are a candidate), or we may not be able to fulfil our obligations to you (if you are a client).
This Privacy Statement is provided by RimJhim Consulting (“RimJhim Consulting”, “we” or “us”), and is addressed to individuals outside our organisation with whom we interact, including (but not limited to) Candidates, Clients, Participants, Sources and visitors to our website (each, “you”). Defined terms used in this Statement are explained further in Section 3 below.
Except as otherwise specified below, RimJhim Consulting is the Controller and is responsible for your Personal Data.
This Statement may be amended or updated from time to time to reflect changes in our practices with respect to the processing of Personal Data, or changes in the Data Protection Legislation. We encourage you to read this Statement carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Statement.
‘Candidate’ means a candidate, or potential candidate, for our programmes.
‘Client’ means a client of RimJhim Consulting.
‘Controller’ means the entity that decides how and why Personal Data is processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
‘Data Protection Authority’ means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
‘Data Sharing Agreement’ means an agreement between RimJhim Consulting and a Client or other third party for the sharing of Personal Data under which RimJhim Consulting and the other party are joint Controllers.
‘Data Processing Agreement’ means an agreement between RimJhim Consulting and a Processor.
‘Data Subject’ means the individual whose Personal Data is processed.
‘Personal Data’ means information that is about any individual, or from which any individual is identifiable. Examples of Personal Data that we may process are provided in Section 4 below.
‘Personnel’ means any current, former or prospective employee, consultant, temporary worker, intern, other non-permanent employee, contractor, secondee or other personnel.
‘process’, ‘processing’ or ‘processed’ means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
‘Processor’ means any person or entity that processes Personal Data on behalf of the Controller (other than employees of the Controller).
‘Special Category Data’ means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under Data Protection Legislation.
‘Source’ means any person that provides any view or opinion regarding the qualities of any Candidate, for any purpose, including but not limited to the suitability of a Candidate for a particular role.
4) Processing your Personal Data
Collection of Personal Data:
We may collect Personal Data about you, such as your name, address and contact details. Examples of sources from which we may collect Personal Data include the following:
- when you provide it to us (e.g., where you contact us via email or telephone, or by any other means).
- in the ordinary course of our relationship with you (e.g., if we offer to connect you with Clients we may collect your Personal Data that are related to such Client opportunities, such as your CV).
- Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), to the extent that you choose to make your profile publicly visible).
- from third parties who provide it to us (e.g., past employers; referees; and law enforcement agencies).
- with your prior express written consent, we may conduct background checks, in accordance with the protections provided by applicable law.
- when you visit any RimJhim Consulting website or use any features or resources available on or through our website. When you visit our website, your device and browser will automatically disclose certain information (such as device type, operating system, browser type, browser settings, IP address, language settings, dates and times of connecting to our website and other technical communications information), some of which may constitute Personal Data.
Creation of Personal Data:
We may also create Personal Data about you, such as records of any meetings you attend. This Personal Data helps us to conduct and manage our operations.
Personal Data you provide about others:
In some circumstances, you may provide us with Personal Data about other people. For example, you might act as a Source and provide the details of or comments on a Candidate. Whenever you provide any such Personal Data, we rely on you to ensure that you have a lawful basis for providing such Personal Data to us, and that you have complied with the Data Protection Legislation and with the terms of this Statement. If you are unable to do so, please refrain from providing the Personal Data of third parties to us.
Relevant Personal Data:
The categories of Personal Data about you that we may process include:
Personal details: given name(s); preferred name; gender; date of birth / age; nationality; photograph; marital status; job title; employer entity; department; salary and compensation details; passport number (where applicable); visa number (where applicable); and work authorisation number (where applicable).
Contact details: home address; work address; home telephone number; work telephone number; work mobile number; personal mobile telephone number; personal email address; work email address; and social media profile details.
Employment records: dates and details of current and former positions held; details of current and former employers; dates of employment; job titles; job locations; subject matter experience; and details of any employment disciplinary issues or incidents.
Details of referees: details of referees you may provide, including the relationship that you may have with each such referee, and the duration for which you have known each such referee.
Background checks: details revealed by background checks conducted in accordance with applicable law and subject to your prior express written consent, including details of past employments, details of residence, credit reference information, and criminal records checks.
Views and opinions: your views on Candidates or Participants, where applicable.
Lawful basis for Processing Personal Data:
In processing your Personal Data in connection with the purposes set out in this Statement, we may rely on one or more of the following legal bases:
- we have obtained your prior express consent to the processing (this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way);
- the processing is necessary in connection with any contract that you may enter into with us;
- the processing is required by applicable law;
- the processing is necessary to protect the vital interests of any individual; or
- we have a legitimate interest in carrying out the processing, which is not overridden by your interests, fundamental rights, or freedoms. Where we rely on this legal basis, our legitimate interests are:
- our legitimate interest in the management and operation of our business;
- our legitimate interest in the promotion of our business; and
- our legitimate interest in the provision of services to our Clients.
RimJhim Consulting has determined that the legal basis for its core data processing (in relation to Personal Data) is that of furthering our and/or our Clients’ legitimate interests.
Processing Special Category Data:
We do not seek to collect or otherwise process Special Category Data on our own behalf, except where:
- the processing is required for the particular role or permitted by applicable law;
- the processing is necessary for the detection or prevention of crime;
- the processing is necessary for the establishment, exercise or defence of legal rights; or
- we have, in accordance with the Data Protection Legislation, obtained your prior explicit consent before processing your Special Category Data (as above, this legal basis is only used in relation to processing that is entirely voluntary – it is not used for processing that is necessary or obligatory in any way).
In both cases, we will seek your prior consent.
Purposes for which we may Process your Personal Data:
The purposes for which we may process Personal Data, subject to applicable law, include:
- Recruitment activities on behalf of Clients: recruitment operations; advertising Client opportunities; providing services to our Clients; enabling Clients to understand which Candidates are interested in their opportunities; record-keeping; and performing background checks.
- Leadership consulting: providing leadership consulting services to Clients.
- Provision of services to you: providing our website facilities and other services to you; attending meetings with you; attending telephone calls with you; and otherwise communicating with you in relation to those services.
- Our Website: operating and managing our website; providing content to you; displaying advertising and other information to you; and communicating and interacting with you via our websites.
- Training: providing you with training and development opportunities.
- Newsletters and other marketing communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and possible opportunities in which you may be interested.
- Communications and IT operations: management of our communications systems; operation of IT security; and IT security audits.
- Health and safety: health and safety assessments and record keeping; and compliance with related legal obligations.
- Financial management: sales; finance; corporate audit; and vendor management.
- Surveys: engaging with you for the purposes of obtaining your views on relevant issues and topics.
- Improving our services: identifying issues with existing services; planning improvements to existing services; creating new services.
- Future planning: succession and organisational planning, including budgeting.
We can provide, on request, a description of all the ways we plan to use your Personal Data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate.
Note that we may process your Personal Data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your Personal Data.
Change of purpose
We will only use your Personal Data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org.
If we need to use your Personal Data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5) Disclosure of Personal Data to third parties
We share Personal Data with our Clients for the purposes of providing services to those Clients. We may be joint Controllers with our Clients of any Personal Data we share with them or they may be a Controller in their own right and such transfers are made in accordance with the provisions of this Statement and pursuant to Data Sharing Agreements.
In addition, we may disclose your Personal Data to:
- legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- accountants, auditors, lawyers and other outside professional advisors, subject to binding contractual obligations of confidentiality;
- third party processors (such as providers of background checking services, IT support providers), located anywhere in the world, subject to the requirements noted below in this Section 5;
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security;
- any relevant third party acquirer(s), in the event that we sell or transfer all or any portion of our business or assets (including in the event of a reorganisation, dissolution or liquidation); and
- our website may use third party plugins or content (e.g., Facebook, Twitter, Google+ and LinkedIn). If you choose to interact with any such plugins or content, your Personal Data may be shared with the relevant third party.
If we engage a third-party processor to process your Personal Data, the processor will be subject to binding contractual obligations under a Data Processing Agreement, amongst other obligations, to: (i) only process the Personal Data in accordance with our prior written instructions; and (ii) use appropriate measures to protect the confidentiality and security of the Personal Data.
We may also share aggregate demographic information with our Clients, trusted affiliates and advertisers for the purposes outlined in this Statement. We make all reasonable efforts to ensure that such information is anonymized.
6) International transfer of Personal Data
Because of the international nature of our business, we may need to transfer your Personal Data to international Clients, and to other third parties as noted in Section 5 above, in connection with the purposes set out in this Statement. For this reason, we may transfer Personal Data to other countries that have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Please contact us if you want further information on the specific mechanism used by us when transferring your Personal Data out of the EEA.
7) Data Security
We have appropriate technical and organisational security measures designed for our organisational size to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of processing, in accordance with applicable law.
In addition, we limit access to your Personal Data to those employees, Clients, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
You are responsible for ensuring that any Personal Data that you send to us are sent securely.
8) Data Accuracy
Your Personal Data that we process will be kept accurate and, where necessary, kept up to date. We take every reasonable step to ensure that:
- your Personal Data that we process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we process that are inaccurate (having regard to the purposes for which they are processed) are erased or rectified without delay.
It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us. From time to time we may ask you to confirm the accuracy of your Personal Data.
9) Data Minimisation
We take every reasonable step to ensure that your Personal Data that we process are limited to the Personal Data reasonably required in connection with the purposes set out in this Statement.
10) Data Retention
As a consultancy, we rely heavily on the personal relationships we build with third parties. We will therefore hold Personal Data in order to remember you and the nature of your previous interactions with our firm. This includes the Personal Data we may receive about Candidates from our Clients.
RimJhim Consulting will hold your Personal Data indefinitely unless otherwise requested in writing by you.
In some circumstances we will anonymise your Personal Data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
11) Your legal rights
Subject to Data Protection Legislation, you as a Data Subject may have a number of rights regarding the processing of your Personal Data, including:
- the right to request access to, or copies of, your Personal Data that we process or control;
- the right to request rectification of any inaccuracies in your Personal Data;
- the right to request, on legitimate grounds:
- erasure of your Personal Data that we process or control; or
- restriction of processing of your Personal Data that we process or control;
- the right to object, on legitimate grounds, to the processing of your Personal Data;
- the right to have your Personal Data transferred to another Controller, to the extent applicable;
- where we process your Personal Data on the basis of your consent, the right to withdraw that consent; and
- the right to lodge complaints regarding the processing of your Personal Data with a Data Protection Authority.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Statement, or about our processing of your Personal Data, please use the contact details provided in Section 13 below.
You will not have to pay a fee to access your Personal Data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
A cookie is a small file that is placed on your device when you visit a website (including our websites). It records information about your device, your browser and, in some cases, your preferences and browsing habits. We do not manually process cookies.
12) Your obligations
We rely on you to provide us with complete and accurate Personal Data about you, so that we can provide appropriate services to you and to our Clients.
If, and to the extent that, you are a Source, we rely on you to ensure that you are lawfully able to disclose Personal Data to us, as set out in this Statement.
13) Contact details
RimJhim Consulting has designated our Managing Director as our Data Compliance Officer (DCO), the key accountable individual for all data protection issues and queries.
If you have any comments, questions or concerns about any of the information in this Statement, or any other issues relating to the processing of Personal Data by RimJhim Consulting, please contact email@example.com.