All Customers and RAMP Global shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Terms, including the EU General Data Protection Regulation 2016/679 (“ GDPR ”) (“ Data Protection Laws ”), in each case including all other successor legislation and regulation thereto
RAMP Global processes personal data (as such term is defined in the Data Protection Laws) which it collects as a data controller (as the term is defined in the Data Protection Laws) in the course of providing the Services. Where data is processed by RAMP Global as a data controller, such processing is carried out in accordance with our Privacy Policy. In respect of Candidate data, such processing is carried out in accordance with our Agency Licence Agreement (“Recruiter Terms”).
You shall include words substantially similar to our Recruiter Terms, as well as all other provisions required for such Privacy Notice to comply with the Data Protection Laws.
For personal data which is processed by RAMP Global as a data processor on your behalf as part of the Services, We will:
- act strictly in accordance with your lawful and reasonable instructions (which may be received via your use of the Services) unless applicable law requires otherwise, in which case RAMP Global shall inform you of that legal requirement before processing (unless that law prohibits such information on important grounds of public interest). We shall inform you if we become aware of an instruction by you that, in our opinion, infringes the Data Protection Laws;
- ensure that our personnel that are authorised to process the personal data in connection with the provision of the Services, have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- implement appropriate technical and organisational security measures to protect the personal data in accordance with Data Protection Laws;
- enable you to access, rectify, erase, restrict and transmit the personal data processed by RAMP Global;
- if a data subject requests information from us concerning the processing of personal data by you, promptly forward the request to you;
- provide reasonable assistance to enable you to comply with your obligations under Data Protection Law, including using appropriate technical and organisational measures to assist you in responding to data subject access requests;
- make available to you all information necessary to demonstrate compliance with the obligations set out in this clause, and allow for and contribute to audits, including inspections, conducted by or on behalf of you or ensure that We and/or any sub-processor will conduct audits using external auditors at least once per year.
You may delete or request in writing the deletion or return of all personal data on termination of the Services or at any time following termination of the Services. Where you have not deleted the personal data prior to the termination of the Services, We may delete all personal data at any time after 70 days following the date of termination of the Services unless otherwise required by applicable law.
You acknowledge and accept that Candidates shall also have the right to withdraw their consent to the use of their personal data or information at any time and may request that RAMP Global permanently delete all information and data held about that Candidate from our Platform. In the event that a Candidate exercises its rights in this clause, We shall notify you and you shall promptly and permanently delete all information and data held about that Candidate from our platform. In the event that you have not done so within a reasonable time, and has not notified Us of any requirement of you for RAMP Global to retain the personal data, We reserve the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by you arising from such Candidate exercising their rights.
You shall ensure that your collection and use of any personal data, accessed through the Website or the Services, complies with the Data Protection Laws. You hereby indemnify RAMP Global against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of your failure to comply with this clause.
You hereby gives Us a general consent to engage sub-processors to process your personal data. We shall make details of our sub-processors available to the Customer on the Website. Where We intend to add a new sub-processor we shall make details of such new sub-processor available on the Website at least 30 days (“Sub-processor Notice Period”) before transferring any personal data to a new sub-processor. Customer shall notify Us during the Sub-processor Notice Period if you object to the new sub-processor. If you do not object to the sub-processor during the Sub-processor Notice Period, you shall be deemed to have accepted the sub-processor. If you have raised a reasonable objection to the new sub-processor, and the parties have failed to agree on a solution within the Sub-Processor Notice Period time, you shall have the right to terminate the Contract (including the Services and all Storage Services). During the Sub-Processor Notice Period, RAMP Global shall not transfer any personal data to the sub-processor.
RAMP Global shall enter into appropriate written agreements with all of our sub-processors on terms substantially similar to this clause, including without limitation your right to conduct audits at the sub-processor, or ensure that the sub-processor will conduct audits using external auditors at least once per year. We shall remain fully liable to the Customer for the performance or non-performance of the sub-processor’s obligations.