RM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
DATA PROTECTION POLICY
RM Recruit Limited
CONTENTS
1. Interpretation
2. Introduction
3. Scope
4. Personal data protection principles
5. Lawfulness, fairness, transparency
6. Purpose limitation
7. Data minimisation
8. Accuracy
9. Storage limitation
10. Security integrity and confidentiality
11. Transfer limitation
12. Data Subject’s rights and requests
13. Accountability
14. Changes to this Data Protection Policy
DATA PROTECTION POLICY
1. Interpretation
1.1 Definitions:
Automated Decision-Making (ADM): when a decision is made which is based solely on Automated
Processing (including profiling) which produces legal effects or significantly affects an individual. The
GDPR prohibits Automated Decision-Making (unless certain conditions are met) but not Automated
Processing.
Automated Processing: any form of automated processing of Personal Data consisting of the use of
Personal Data to evaluate certain personal aspects relating to an individual, in particular to analyse
or predict aspects concerning that individual’s performance at work,
economic situation, health, personal preferences, interests, reliability, behaviour, location or
movements. Profiling is an example of Automated Processing.
Company name: RM Recruit LtdRM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
Company Personnel: all employees, workers, contractors, agency workers, consultants, directors,
members and others who are performing services for the Company or a member of the Company’s
group.
Consent: agreement which must be freely given, specific, informed and be an unambiguous
indication of the Data Subject’s wishes by which they, by a statement or by a clear positive action,
signifies agreement to the Processing of Personal Data relating to them.
Data Controller: the person or organisation that determines when, why and how to process Personal
Data. It is responsible for establishing practices and policies in line with the GDPR. We are the Data
Controller of all Personal Data relating to our Company Personnel and Personal Data used in our
business for our own commercial purposes.
Data Subject: a living, identified or identifiable individual about whom we hold Personal Data. Data
Subjects may be nationals or residents of any country and may have legal rights regarding their
Personal Data.
DPIA: a Data Privacy Impact Assessment, namely, the tools and assessments used to identify and
reduce risks of a data processing activity.
DPO: the Data Protection Officer appointed for the Company or the Company’s group under the
GDPR.
EEA: the 28 countries in the EU, and Iceland, Liechtenstein and Norway.
Explicit Consent: consent which requires a very clear and specific statement (that is, not just action).
General Data Protection Regulation (GDPR): the General Data Protection Regulation ((EU)
2016/679). Personal Data is subject to the legal safeguards specified in the GDPR.
Personal Data: any information identifying a Data Subject or information relating to a Data Subject
that we can identify (directly or indirectly) from that data alone or in combination with other
identifiers we possess or can reasonably access. Personal Data includes Sensitive Personal Data and
Pseudonymised Personal Data but excludes anonymous data or data that has had the identity of an
individual permanently removed. Personal data can be factual (for example, a name, email address,
location or date of birth) or an opinion about that person’s actions or behaviour.
Personal Data Breach: any act or omission that compromises the security, confidentiality, integrity
or availability of Personal Data or the physical, technical, administrative or organisational safeguards
that we or our third-party service providers put in place to protect it. The loss, or unauthorised
access, disclosure or acquisition, of Personal Data is a Personal Data Breach.
Privacy by Design: implementing appropriate technical and organisational measures in an effective
manner to ensure compliance with the GDPR.
Privacy Guidelines: any Company privacy/GDPR related guidelines which may be provided to assist
in interpreting and implementing this Data Protection Policy and Related Policies.
Privacy Notice: a notice setting out required information to Data Subjects when the Company
collects information about them.
Processing or Process: any activity that involves the use of Personal Data. It includes obtaining,
recording or holding the data, or carrying out any operation or set of operations on the data
including organising, amending, retrieving, using, disclosing, erasing or destroying it. Processing also
includes transmitting or transferring Personal Data to third parties.
Pseudonymisation or Pseudonymised: replacing information that directly or indirectly identifies an
individual with one or more artificial identifiers or pseudonyms so that the person, to whom the
data relates, cannot be identified without the use of additional information which is meant to be
kept separately and secure.
Related Policies: the Company’s policies, operating procedures or processes related to this Data
Protection Policy and which assist with protecting Personal Data.
Sensitive Personal Data: information revealing racial or ethnic origin, political opinions, religious or
similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexualRM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
orientation, biometric or genetic data, and Personal Data relating to criminal offences and
convictions.
2. Introduction
This Data Protection Policy sets out how RM Recruit Ltd (“we”, “our”, “us”, “the Company”) handle
the Personal Data of our employees, workers, customers, suppliers, and other third parties.
This Data Protection Policy applies to all Personal Data we Process regardless of the media on which
that data is stored or whether it relates to past or present employees, workers, customers, clients or
supplier contacts, shareholders, website users or any other Data Subject.
This Data Protection Policy applies to all Company Personnel (“you”, “your”). You must read,
understand and comply with this Data Protection Policy when Processing Personal Data on our
behalf and, where requested, attend training on its requirements. This Data Protection Policy sets
out what we expect from you in order for the Company to comply with applicable law. Your
compliance with this Data Protection Policy is mandatory. You must also comply with all such
Related Policies and Privacy Guidelines. Any breach of this Data Protection Policy may result in
disciplinary action.
This Data Protection Policy (together with Related Policies and Privacy Guidelines) is an internal
document and cannot be shared with third parties, clients or regulators without prior authorisation
from the Company.
3. Scope
We recognise that the correct and lawful treatment of Personal Data will maintain confidence in the
organisation and will provide for successful business operations. Protecting the confidentiality and
integrity of Personal Data is a critical responsibility that we take seriously at all times. The Company
is exposed to potential fines if it fails to comply with legislation relation to personal data.
All CEOs and managers are responsible for ensuring all Company Personnel comply with this Data
Protection Policy and need to implement appropriate practices, processes, controls and training to
ensure such compliance.
The DPO is responsible for overseeing this Data Protection Policy and, as applicable, developing
Related Policies and Privacy Guidelines. That post is held by Paul Robinson, Director, paulr@rm-
recruit.co.uk.
Please contact the DPO with any questions about the operation of this Data Protection Policy or the
GDPR or if you have any concerns that this Data Protection Policy is not being or has not been
followed. In particular, you must always contact the DPO in the following circumstances:
(a) if you are unsure of the lawful basis which you are relying on to process Personal Data (including
the legitimate interests used by the Company) (see section [5.1] below);
(b) if you are unsure about the retention period for the Personal Data being Processed (see section
[9] below);
(c) if you are unsure about what security or other measures you need to implement to protect
Personal Data (see section [10.1] below);
(d) if there has been a Personal Data Breach (section [10.2] below);
(e) if you are unsure on what basis to transfer Personal Data outside the EEA (see section [11]
below);
(f) if you need any assistance dealing with any rights invoked by a Data Subject (see section [12]);
(g) whenever you are engaging in a significant new, or change in, Processing activity which is likely to
require a DPIA (see section [13.4] below) or plan to use Personal Data for purposes others than what
it was collected for;
(h) If you plan to undertake any activities involving Automated Processing including profiling or
Automated Decision-Making (see section [13.5] below);RM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
(i) If you need help complying with applicable law when carrying out direct marketing activities (see
section [13.6] below); or
(j) if you need help with any contracts or other areas in relation to sharing Personal Data with third
parties (including our vendors) (see section [13.7] below).
4. Personal data protection principles
We adhere to the principles relating to Processing of Personal Data set out in the GDPR which
require Personal Data to be:
(a) Processed lawfully, fairly and in a transparent manner (Lawfulness, Fairness and Transparency).
(b) Collected only for specified, explicit and legitimate purposes (Purpose Limitation).
(c) Adequate, relevant and limited to what is necessary in relation to the purposes for which it is
Processed (Data Minimisation).
(d) Accurate and where necessary kept up to date (Accuracy).
(e) Not kept in a form which permits identification of Data Subjects for longer than is necessary for
the purposes for which the data is Processed (Storage Limitation).
(f) Processed in a manner that ensures its security using appropriate technical and organisational
measures to protect against unauthorised or unlawful Processing and against accidental loss,
destruction or damage (Security, Integrity and Confidentiality).
(g) Not transferred to another country without appropriate safeguards being in place (Transfer
Limitation).
(h) Made available to Data Subjects and Data Subjects allowed to exercise certain rights in relation to
their Personal Data (Data Subject’s Rights and Requests).
We are responsible for and must be able to demonstrate compliance with the data protection
principles listed above (Accountability).
5. Lawfulness, fairness, transparency
5.1 Lawfulness and fairness
Personal data must be Processed lawfully, fairly and in a transparent manner in relation to the Data
Subject.
You may only collect, Process and share Personal Data fairly and lawfully and for specified purposes.
The GDPR restricts our actions regarding Personal Data to specified lawful purposes. These
restrictions are not intended to prevent Processing but ensure that we Process Personal Data fairly
and without adversely affecting the Data Subject.
The GDPR allows Processing for specific purposes, some of which are set out below:
(a) the Processing is necessary for the performance of a contract with the Data Subject;
(b) to meet our legal compliance obligations.;
(c) to protect the Data Subject’s vital interests;
(d) to pursue our legitimate interests for purposes where they are not overridden because the
Processing prejudices the interests or fundamental rights and freedoms of Data Subjects.
The purposes for which we process Personal Data for legitimate interests need to be set out in
applicable Privacy Notice.
5.2 Transparency (notifying data subjects)
The GDPR requires Data Controllers to provide detailed, specific information to Data Subjects
depending on whether the information was collected directly from Data Subjects or indirectly from
elsewhere. Such information must be provided through appropriate Privacy Notices. 5RM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
Whenever we collect Personal Data directly from Data Subjects, including for human resources or
employment purposes, we must provide the Data Subject with a Privacy Notice which must be
presented when the Data Subject first provides the Personal Data.
When Personal Data is collected indirectly (for example, from a third party or publicly available
source), you must provide the Data Subject with a Privacy Notice as soon as
possible after collecting/receiving the data, but in any event within 30 days of receiving the Personal
Data. You should also check that the Personal Data was collected by a third party who is also subject
to the GDPR.
6. Purpose limitation
Personal Data must be collected only for specified, explicit and legitimate purposes. It must not be
further Processed in any manner incompatible with those purposes.
You cannot use Personal Data for new, different or incompatible purposes from that disclosed when
it was first obtained unless you have informed the Data Subject of the new purposes and they have
Consented where necessary.
7. Data minimisation
Personal Data must be adequate, relevant and limited to what is necessary in relation to the
purposes for which it is Processed.
You may only Process Personal Data when performing the duties required by your job. You cannot
Process Personal Data for any reason unrelated to your job.
You may only collect Personal Data that you require for your job: do not collect excessive data.
Ensure any Personal Data collected is adequate and relevant for the intended purposes.
You must ensure that when Personal Data is no longer needed for specified purposes, it is deleted or
anonymised.
8. Accuracy
Personal Data must be accurate and, where necessary, kept up to date. It must be corrected or
deleted without delay when inaccurate.
You will ensure that the Personal Data we use and hold is accurate, complete, kept up to date and
relevant to the purpose for which we collected it. You must check the accuracy of any Personal Data
at the point of collection and at regular intervals afterwards. You must take all reasonable steps to
destroy or amend inaccurate or out-of-date Personal Data.
9. Storage limitation
Personal Data must not be kept in an identifiable form for longer than is necessary for the purposes
for which the data is processed.
You must not keep Personal Data in a form which permits the identification of the Data Subject for
longer than needed for the legitimate business purpose or purposes for which we originally collected
it including for the purpose of satisfying any legal, accounting or reporting requirements. 6
The Company will ensure that Personal Data is deleted after a reasonable time for the purposes for
which it was being held, unless a law requires such data to be kept for a minimum time.RM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
10. Security integrity and confidentiality
10.1 Protecting Personal Data
Personal Data must be secured by appropriate technical and organisational measures against
unauthorised or unlawful Processing, and against accidental loss, destruction or damage.
We will develop, implement and maintain safeguards appropriate to our size, scope and business,
our available resources, the amount of Personal Data that we own or maintain on behalf of others
and identified risks (including use of encryption and Pseudonymisation where applicable). We will
regularly evaluate and test the effectiveness of those safeguards to ensure security of our Processing
of Personal Data. You are responsible for protecting the Personal Data we hold. You must implement
reasonable and appropriate security measures against unlawful or unauthorised Processing of
Personal Data and against the accidental loss of, or damage to, Personal Data. You must exercise
particular care in protecting Sensitive Personal Data from loss and unauthorised access, use or
disclosure. For example, this includes, but is not limited to:
– Outside of working hours, keeping all documents containing Personal Data in locked drawers or
cabinets.
– Not permitting access to the office to anybody who is not an employee or authorised contractor on
behalf of the Company.
– Keeping a tidy desk.
– Ensuring that any documents which are no longer needed are disposed off in confidential waste
bins.
– Ensuring that documents are not left lying around photocopiers or printers.
– Following all Company guidance regarding the use of electronic devices and information
technology systems.
You must follow all procedures and technologies we put in place to maintain the security of all
Personal Data. You may only transfer Personal Data to third-party service providers as permitted by
the Company.
You must maintain data security by protecting the confidentiality, integrity and availability of the
Personal Data, defined as follows:
(a) Confidentiality means that only people who have a need to know and are authorised to use the
Personal Data can access it.
(b) Integrity means that Personal Data is accurate and suitable for the purpose for which it is
processed.
(c) Availability means that authorised users can access the Personal Data when they need it for
authorised purposes.
10.2 Reporting a Personal Data Breach
The GDPR requires Data Controllers to notify any Personal Data Breach to the applicable regulator
and, in certain instances, the Data Subject.
If you know or suspect that a Personal Data Breach has occurred, do not attempt to investigate the
matter yourself. Immediately contact your CEO, line manager or the DPO. You should preserve all
relevant evidence.
11. Transfer limitation
The GDPR restricts data transfers to countries outside the EEA in order to ensure that the level of
data protection afforded to individuals by the GDPR is not undermined. You transfer Personal Data
originating in one country across borders when you transmit, send, view or access that data in or to
a different country.RM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
You must only transfer Personal Data out of the EEA with the express prior authorisation of the
Company.
12. Data Subject’s rights and requests
Data Subjects have rights when it comes to how we handle their Personal Data. These include rights
to:
(a) receive certain information about the Data Controller’s Processing activities;
(b) request access to their Personal Data that we hold;
(c) prevent our use of their Personal Data for direct marketing purposes;
(d) ask us to erase Personal Data if it is no longer necessary in relation to the purposes for which it
was collected or Processed or to rectify inaccurate data or to complete incomplete data;
(e) restrict Processing in specific circumstances;
(f) challenge Processing which has been justified on the basis of our legitimate interests or in the
public interest;
(g) request a copy of an agreement under which Personal Data is transferred outside of the EEA;
(h) object to decisions based solely on Automated Processing and Automated Decision-Making;
(i) prevent Processing that is likely to cause damage or distress to the Data Subject or anyone else;
(j) be notified of a Personal Data Breach which is likely to result in high risk to their rights and
freedoms; and
(k) make a complaint to the supervisory authority.
You must verify the identity of an individual requesting data under any of the rights listed above (do
not allow third parties to persuade you into disclosing Personal Data without proper authorisation).
You must immediately forward any Data Subject request you receive to your supervisor to your line
manager and the DPO.
13. Accountability
13.1 As a Data Controller, we must implement appropriate technical and organisational measures in
an effective manner, to ensure compliance with data protection principles. We are responsible for,
and must be able to demonstrate, compliance with the data protection principles.
The Company must have adequate resources and controls in place to ensure and to document GDPR
compliance including:
(a) appointing a suitably qualified DPO (where necessary) and an executive accountable for data
privacy;
(b) implementing Privacy by Design when Processing Personal Data and completing DPIAs where
Processing presents a high risk to rights and freedoms of Data Subjects;
(c) integrating data protection into internal documents including this Data Protection Policy, Related
Policies, Privacy Guidelines, or Privacy Notices;
(d) regularly training Company Personnel on the GDPR, this Data Protection Policy, Related Policies
and Privacy Guidelines and data protection matters including, for example, Data Subject’s rights,
legal basis, DPIA and Personal Data Breaches. The Company must maintain a record of training
attendance by Company Personnel; and
(e) regularly testing the privacy measures implemented and conducting periodic reviews and audits
to assess compliance, including using results of testing to demonstrate compliance improvement
effort.
13.2 Record keeping
The GDPR requires us to keep full and accurate records of all our data Processing activities.RM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
You must keep and maintain accurate corporate records reflecting our Processing. These records
should include, at a minimum, the name and contact details of the Data Controller and the DPO,
clear descriptions of the Personal Data types, Data Subject types, Processing activities, Processing
purposes, third-party recipients of the Personal Data, Personal Data storage locations, Personal Data
transfers, the Personal Data’s retention period and a description of the security measures in place. In
order to create such records, data maps should be created which should include the detail set out
above together with appropriate data flows.
13.3 Training and audit
We are required to ensure all Company Personnel have undergone adequate training to enable
them to comply with data privacy laws. We must also regularly test our systems and processes to
assess compliance.
We will periodically review all the systems and processes under our control to ensure they comply
with this Data Protection Policy and to check that adequate governance controls and resources are
in place to ensure proper use and protection of Personal Data. 9
13.4 Privacy By Design and Data Protection Impact Assessment (DPIA)
We are required to implement Privacy by Design measures when Processing Personal Data by
implementing appropriate technical and organisational measures (like Pseudonymisation) in an
effective manner, to ensure compliance with data privacy principles.
The Company will conduct a DPIA when implementing major system or business change programs
involving the Processing of Personal Data including:
(a) use of new technologies (programs, systems or processes), or changing technologies (programs,
systems or processes);
(b) Automated Processing including profiling and ADM;
(c) large scale Processing of Sensitive Personal Data; and
(d) large scale, systematic monitoring of a publicly accessible area.
A DPIA must include:
(e) a description of the Processing, its purposes and the Data Controller’s legitimate interests if
appropriate;
(f) an assessment of the necessity and proportionality of the Processing in relation to its purpose;
(g) an assessment of the risk to individuals; and
(h) the risk mitigation measures in place and demonstration of compliance.
13.5 Automated Processing (including profiling) and Automated Decision-Making
Generally, ADM is prohibited when a decision has a legal or similar significant effect on an individual
unless:
(a) a Data Subject has explicitly consented;
(b) the Processing is authorised by law; or
(c) the Processing is necessary for the performance of or entering into a contract.
If certain types of Sensitive Personal Data are being processed, then grounds (b) or (c) will not be
allowed but such Sensitive Personal Data can be Processed where it is necessary (unless less
intrusive means can be used) for substantial public interest like fraud prevention.
If a decision is to be based solely on Automated Processing (including profiling), then Data Subjects
must be informed when you first communicate with them of their right to object. This right must be
explicitly brought to their attention and presented clearly and separately from other information.
Further, suitable measures must be put in place to safeguard the Data Subject’s rights and freedoms
and legitimate interests.RM Recruit Limited, Front Suite, 1st Floor, Charles House, Great Charles Street, Birmingham, B3 3HT
Registered in England and Wales – Company Number 11975048
We must also inform the Data Subject of the logic involved in the decision making or profiling, the
significance and envisaged consequences and give the Data Subject the right to request human
intervention, express their point of view or challenge the decision. 10
A DPIA must be carried out before any Automated Processing (including profiling) or ADM activities
are undertaken.
13.6 Direct marketing
We are subject to certain rules and privacy laws about direct marketing.
The right to object to direct marketing must be explicitly offered to a Data Subject in an intelligible
manner so that it is clearly distinguishable from other information.
A Data Subject’s objection to direct marketing must be promptly honoured. If a Data Subject opts
out at any time, their details should be suppressed as soon as possible. Suppression involves
retaining just enough information to ensure that marketing preferences are respected in the future.
13.7 Sharing Personal Data
Generally we are not allowed to share Personal Data with third parties unless certain safeguards and
contractual arrangements have been put in place.
You may only share the Personal Data we hold with another employee, agent or representative of
our group (which includes our subsidiaries and our ultimate holding company along with its
subsidiaries) if the recipient has a job-related need to know the information and the transfer
complies with any applicable cross-border transfer restrictions.
You may only share the Personal Data we hold with third parties, such as our service providers, if:
(a) they have a need to know the information for the purposes of providing the contracted services;
(b) sharing the Personal Data complies with the Privacy Notice provided to the Data Subject;
(c) the third party has agreed to comply with the required data security standards, policies and
procedures and put adequate security measures in place;
(d) the transfer complies with any applicable cross border transfer restrictions; and
(e) a fully executed written contract that contains GDPR approved third party clauses has been
obtained.
14. Changes to this Data Protection Policy
We reserve the right to change this Data Protection Policy at any time without notice so please
check back regularly to obtain the latest version.
This Data Protection Policy does not override any applicable national data privacy laws and
regulations in countries where the Company operates.