PRIVACY POLICY

Thank you for your interest in our company. Data protection is of the utmost importance to the the management of Kelly Gesellschaft m.b.H.(“Kelly’s”). Our websites may for the main part be used without submitting personal data. 

Personal data will always be processed subject to the provisions of the EU-General Data Protection Regulation (GDPR) and in compliance with national data protection legislation. This data protection policy is designed to inform our users about the contents and purposes of the personal data that we collect and process. Furthermore, this privacy policy informs data subjects about the rights they are entitled to.

As the website operator, Kelly Gesellschaft m.b.H. has implemented an extensive number of technical and organisational measures in order to ensure that the data processed in connection with this website is reliably protected. However, there is always a possibility that data transmissions between your device and our server may experience security gaps, especially if the device you are using to communicate with our server can be accessed by third parties. If you have any concerns regarding security, you can use an alternative method, e.g. the telephone or at our headoffice, to submit your information.

1. Definitions

Kelly’s data protection policy is based on the provisions and definitions of the GDPR. Our data protection policy is designed to be easily readable and comprehensible for our visitors, clients and business partners. In order to ensure this, we would like to define the terms used beforehand:

A) PERSONAL DATA

Personal data comprises all information relating to an identifiable natural person.

B) DATA SUBJECT

A data subject is any identifiable natural person whose personal data is processed by a controller.

C) CONTROLLER

The controller is the company that collects the data subject's personal data and determines the purposes and means of processing.

D) PROCESSOR

The processor is a natural person or company involved by the controller in the processing of personal data.

E) RECIPIENT

The recipient is a natural or legal person, or public authority, to whom the personal data are disclosed.

F) THIRD PARTY

A third party is a natural or legal person or public authority who processes personal data on behalf of the controller or processor.

G) PROCESSING

Processing is any operation performed in connection with personal data. This ranges from the collection and storage to the restriction or erasure of personal data.

H) RESTRICTION OF PROCESSING

Restriction of processing means limiting the use of personal data.

I) CONSENT

Consent means any statement issued by a person to indicate that he or she agrees to the processing of personal data concerning him or her.

J) REVOCATION

A person issuing a revocation revokes the right of the controller to process his or her data on the basis of consent.

K) PSEUDONYMISATION

Pseudonymisation separates the data from the identifiable person. This connection cannot be re-established without the use of additional, specially safeguarded information. The pseudonymisation process also corresponds to what is known as data minimisation.

L) PROFILING

Profiling is any form of automated evaluation of personal data. 

2. Name and address of the controller for this website

Kelly Gesellschaft m.b.H
Hermann-Gebauer-Straße 1
1220 Wien
Österreich

Tel.: +43 570 789 330
E-Mail: dsgvo.koordinator(at)kellys.at
Websites: www.kellys.at, www.kelly.at, www.soletti.at

3. Cookies

Kelly's web pages use cookies, i.e. text files that are stored in a computer's data system via an Internet browser.

Cookies contain a cookie ID, which is an unambiguous identifier. They allow Kelly’s to distinguish the data subject's browser from other Internet browsers, display content in an individualised manner and cater to the data subject's wishes and results.
The shopping basket cookie in the online shop is one example of this. The online shop uses a cookie to remember the items a customer has placed in the virtual shopping basket.

If you wish to prevent cookies from being set, you can define this in the security settings of your Internet browser, thereby permanently preventing the storage of cookies. Any cookies that are already on your computer can be deleted at any time via the Internet browser or directly from within the data system. Please be aware that deactivating cookies may result in limiting the set of functions provided by the website. 

4. Collection of general data and information

Every time Kelly’s website is accessed, the website collects a variety of data and information which is then stored in the server's logfiles. The information collected in this manner includes, among other things:

1) Browser types and versions
2) Your computer's operating system
3) The website that linked you to us
4) Pages accessed on our web server
5) The date and time of your visit
6) Your IP address
7) Your Internet service provider

When using this anonymously collected information, Kelly’s will not attempt to use it to identify the data subject. This data is, however, necessary in order to deliver the content of our website correctly, optimise the display, and provide the authorities with the necessary information in the event of a hacking attack. The data is therefore processed by Kelly’s both statistically and as a technical measure to ensure data protection and information security of this processing and your data. 

5. Registration on our website

The registration of a website visitor is used by the controller to offer content or services that, due to the nature of the matter, can only be offered to registered users. Registered persons are free to change or delete the personal data provided during registration at any time.

The respective registration mask shows which personal data are transmitted to the person responsible. The personal data entered by the person concerned is only collected and stored by the controller for internal use. The person responsible can arrange for the transfer to one or more processors, for example a parcel service provider, who also uses the personal data exclusively on behalf of the person responsible.
Participation in prize games requires the disclosure of data that will not be used for any processing other than this gambling. In this regard, we obtain the consent of the person concerned. The data will be automatically deleted after the winner has been determined.

6. Contact possibility via the website

Due to legal provisions, our website contains information on how to easily contact Kelly’s. If you contact us via email, the data you have transmitted will be automatically stored and used solely for the purposes of replying to your message. 

7. Privacy notice on job applications

When you apply for a job at Kelly’s ,we will collect and use personal data about you during the recruiting and any hiring process. We will use these data for the purpose of considering your qualifications for employment, as required by law and to ensure, that you get a job-offcer according to your qualification.

WHAT PERSONAL DATA WILL KELLY GESELLSCHAFT M.B.H. COLLECT?

• The following categories of data will generally be collected by Kelly’s:

• Data you submit in our online-plattform, as name, email, telefon-number, birthday, earliest date of possible hire and other data-categories. As mentioned you can leave out any questions

• If you have a XING-account, it is possible to import your CV into our online-platform, based on your consent.

• Data you submit in résumés / CVs, motivation-letters, writing samples, or other written materials

• Data generated by the recruiters, based on their interactions with you

• Recommendations provided on your behalf by others

• Data about your prior employment, education, and where applicable, other data revealed during background screenings (permission asked from applicants before processing)

• Your submission of personal data constitutes your consent to our use of your data and your verification that it is accurate

 
By submitting your information, you acknowledge that you have read and understood the privacy policy – especially the part concerning job application – you will be asked for your consent to the processing of this information, before you send it to us. You are not required to provide any requested information to Kelly’s, but it may be a necessary prerequisite for us to evaluate your application.

WHAT WILL HAPPEN TO YOUR PERSONAL DATA?

Kelly’s will use your personal data to evaluate your qualification for the job you are applying for, as well as the possible personal development 
 
Your contact information can be used by Kelly’s to send you one invitation to sign up for future position alerts and invitations to Kelly Gesellschaft m.b.H. recruiting events, as well as one follow-up reminder.

If you don’t like the idea of getting other job-opportunities, please tell us so.

Perform any legally required reporting, and respond to legal process.

HOW LONG WILL WE PROCESS YOUR PERSONAL DATA?

If you are given and accept a job-offer by Kelly’s, personal data collected during your application, will become part of your personnel act at Kelly’s. The employees information letter will give you details on this processing . If Kelly’s is not able to employ you, we will store the data (for legal reasons) for 7 months after your application. If you have not given us any special consent to prolong this time, we will automatically delete your data afterwards.

8. Routine erasure and blocking of personal data

Kelly’s shall process and store the personal data of the data subject only for the period necessary to achieve the purpose of storage, or insofar as this is granted by legal provisions.

If the storage purpose or the legal basis are no longer given, your personal data will be blocked or erased on the basis of our processes and in accordance with legal requirements.

For access-logs, kept mainly for security and quality-reasons this will be a year. As mentioned those data are not used to identify any of our website-visitors. 

9. Rights of the data subject

Comprehensive rights of the data subject apply for the processing of personal data, in accordance with the GDPR. A general list of these rights is provided below for your information:

A) RIGHT OF ACCESS

Every data subject shall at any time have the right to obtain information about the stored personal data concerning him or her as well as a copy of this information from the controller.

B) RIGHT TO RECTIFICATION

Every data subject shall have the right to obtain the rectification or completion of inaccurate personal data concerning him or her from the controller without delay.

C) RIGHT TO ERASURE

Every data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her, where one of the following grounds applies

• The purposes for processing no longer exist

• The legal grounds for processing no longer exist (termination of the contract, revocation of consent)

Please contact one of our staff members  at any time - in particular by electronic means via dsgvo.koordinator(at)kellys.at - to obtain erasure of your data stored by us.

D) RIGHT OF RESTRICTION

Every data subject affected by the processing of personal data shall have the right to obtain from the controller restriction of processing where one of the following applies:

• The purposes for processing no longer exist

• The legal grounds for processing no longer exist (termination of the contract, revocation of consent)

Please contact one of our staff members at any time - in particular by electronic means via dsgvo.koordinator(at)kellys.at - to obtain restriction of processing of your data stored by us.

E) RIGHT OF DATA PORTABILITY

Every data subject shall have the right to receive the personal data that he or she has personally provided to a controller, in a structured, commonly used and machine-readable format, and to transmit those data to another controller without hindrance from the original controller, if the processing is based on consent or on a contract and is carried out by electronic means.

Please contact one of our staff members at any time - in particular, by electronic means via dsgvo.koordinator(at)kellys.at - to obtain transmission of your data stored by us.

F) RIGHT TO OBJECT

Every data subject shall have the right to object to the processing of personal data concerning him or her based on legitimate interests. In the event of an objection, PORR AG will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

Please contact one of our staff members at any time - in particular, by electronic means via dsgvo.koordinator(at)kellys.at - to exercise your right to object.

G) AUTOMATED INDIVIDUAL DECISION-MAKING, INCLUDING PROFILING

As a responsible company, we refrain from automated decision-making and profiling.

H) RIGHT TO REVOKE CONSENT

Every data subject shall have the right to revoke his or her consent to the processing of his or her personal data at any time.
Please contact one of our staff members at any time - in particular by electronic means via dsgvo.koordinator(at)kellys.at - to exercise your right to revoke consent.

I) RIGHT TO COMPLAIN

You may also lodge a complaint directly with the supervisory authority. Our responsible authority is: 

Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Wien

10. Data protection provisions about the application and use of YouTube

This website contains at least one plugin from YouTube, belonging to Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. As soon as you visit pages of our website that are equipped with a YouTube plugin, a connection to the YouTube servers is established. In the process, the YouTube server is informed which page of our website you have visited. If, on top of this, you are logged into your YouTube account, you would enable YouTube to assign your surfing behaviour directly to your personal profile. You can negate this possibility of association if you log out of your account beforehand. For further information on the collection and use of your data by YouTube, please refer to the information on data protection at www.youtube.com.
 

To measure the effectiveness of advertisements, YouTube also uses Google's DoubleClick service to analyse the user's actions in the context of the video and to be able to offer more targeted ads in the future.

The Google Group is a US company whose access to the data of our contractual partner Google Ireland Limited cannot be excluded. 

The USA has not been certified by the European Court of Justice as having an adequate level of data protection. In particular, there is a risk that your data will be subject to access by US authorities for control and monitoring purposes and that no effective legal remedies will be available against this.

The legal basis for this processing activity lies in your voluntary consent, in the knowledge of this risk (Art 49 para 1 lit a GDPR).

11. Data protection provisions about the application and use of Google Analytics (with anonymization function)

On this website Google Analytics (with the anonymizer function) is integrated. Google Analytics is a web analytics service, for collection, gathering, and analysis of data about the behavior of visitors to our websites. Web analytics are mainly used for the optimization of a website and in order to carry out a cost-benefit analysis of Internet advertising.
The operator of the Google Analytics component is Google Ireland Ltd , Gordon House Barrow Street, Dublin 4, DO4E5W5 Ireland.

For the web analytics through Google Analytics the controller uses the feature "_gat. _anonymizeIp" to anonymize your IP-adress before sending it to Google. 

Google Analytics places a cookie on your client-device (as described above). With the setting of the cookie, Google is enabled to analyze the use of our website. With each call-up to one of the individual pages of this Internet site, the Internet browser on the client device will automatically submit the anonymized data through the Google Analytics component for the purpose of online advertising and the settlement of commissions to Google. 

The cookie stores personal information, like access time, the location from which the access was made, and the frequency of your visits to our website. 

You can prevent the setting of cookies through our website adjusting your web browser and prevent the setting of these cookies. Of course you can always delete the cookies, using the content-features of your webbrowser.

Further information and the applicable data protection provisions of Google may be retrieved under www.google.com/intl/en/policies/privacy/ and under www.google.com/analytics/terms/us.html. Google Analytics is further explained under the following Link https://www.google.com/analytics/.

12. Subscribtion to our newsletter

On our website, users are given the opportunity to subscribe to our newsletter. We inform our customers and business partners about our offers at regular intervals by means of the newsletter. After your registration, a confirmation email will be sent to the registered email address in the double opt-in procedure. This confirmation email serves to ensure that you, as the owner of the email address, have really authorized the receipt of the newsletter.

By subscribing to the newsletter on our website, your email address, the IP address assigned by your Internet service provider, the date and time of registration are saved. As a matter of principle, this data will not be passed on to third parties unless there is a legal obligation to pass it on or the passing on is used for criminal prosecution.

You can of course cancel our newsletter at any time. You will find the necessary information for this at the end of the newsletter.

13. Data protection provisions about the application and use of Facebook

On this website Kellys has integrated components of the company Facebook, based on the legitimate interest [GDPR Art 6 paragraph1 f)] to present its customers up-to-date information on products, events and offers. Facebook is a social network that provides Kellys, as joint controllers according to GDPR Art 26,  so-called “Page Insights.”

“Page-Insights” are page statistics about “like me” - information, coverage and other topics, which Kellys primarily uses on an anonymised basis. For more information,please visit the following link: https://www.facebook.com/business/a/page/page-insights

Details on the joint processing between Kellys and Facebook can be found at: www.facebook.com/legal/terms/page_controller_addendum .

In this agreement, it is noted that Facebook bears the primary responsibility for the processing. If you have concerns about data privacy on our Kellys Facebook page, you can also contact our data protection contact address at any time and we will forward your request to Facebook.

Since Facebook is a worldwide social network platform, we have no influence on the technical and organizational aspects and can only answer for the content concerning products and events of Kellys.

The details on Facebook:  the Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.
Additionally the Facebook-Plugin has integrated into this website.

If your are logged into your Facebook-account at the same time you visit our website, Facebook detects the pages you have visited. 

If you click on the Facebook “like”-button integrated into our website, Facebook matches this information with your Facebook account and processes the personal data.

Facebook’s privacy policy ca be found here: facebook.com/about/privacy/. There you can also find information about the prevention of data transmissions to Facebook. 

14. Facebook Remarketing

With Facebook remarketing you may see our ads on Facebook after you have visited our site. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on a webpage and a unique “cookie” is placed in their browser. Facebook lookalike audience targeting allows us to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our website. To opt out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217

15. Google Remarketing

Google Remarketing is a feature of Google AdWords, which allows us to display advertisments to users who have already visited our website. The integration of Google Remarketing therefore allows an enterprise to create user-based advertising and thus shows advertisements based on the interests of the visitor, by gathering informations as IP address and surfing behaviour.

The operating company of the Google Remarketing services is the Google Ireland Ltd , Gordon House Barrow Street, Dublin 4, DO4E5W5 Ireland.

Google Remarketing places a cookie on your client-device (as described above). With the setting of the cookie, Google is enabled to recognize if you visit another website of the Google advertising network. 

You can prevent the setting of cookies through our website adjusting your web browser and prevent the setting of these cookies. Of course you can always delete the cookies, using the content-features of your webbrowser.

Additionally,you can object against this processing by Google. Therefore, please visit www.google.de/settings/ads. It will set a “negative cookie” preventing any further cookies by this processing.

The privacy policy of Google can be found at:  https://www.google.com/intl/en/policies/privacy/.

16. Online Shopping

We would like to point out that for the purpose of a simpler shopping process and for later contract processing, the controller stores the IP data of the connection holder, as well as the name, address and IP address of the buyer. In addition, the following data is also stored with us for the purpose of contract processing: telephone number and email address. The data you provide is required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you.

The personal data is transmitted to Viveum payment systems GmbH for the purpose of debiting the purchase price, to the transport company commissioned by us for the delivery of the goods and to our tax consultant for the purpose of fulfilling our tax obligations. They have undertaken to comply with the applicable data protection regulations. An data processing contract has been concluded in accordance with Art.28 GDPR. You can request more information about the processors we have commissioned at wolfgang.hoesl (at) kellys.at.

17. Legal basis for the processing

The legal basis for processing personal data on our website is either our legitimate interest in acquiring you as a future customer, e.g. as a pre-contractual measure, informing you of our products and services, or to fulfil our contractual obligations towards you as the data subject, if an order has been placed that would necessitate the delivery of goods. Legal retention obligations or the obligation to provide statements to government authorities may, as a result, become a legal basis, in and of themselves.

We will obtain your revocable consent for all other processing operations, e.g. newsletters. 

18. The legitimate interests pursued by the controller or by a third party

Where the processing of personal data is based on Article 6(1) lit. f GDPR our legitimate interest is to carry out our business in favor of the well-being of all our employees and the shareholders and inform existing and future customers about our processings and events.

19. Period for which the personal data will be stored

The storage of personal data is limited to the statutory retention period. After this period has expired, the corresponding data will be deleted, insofar as it is no longer necessary for the fulfilment of the contract or the initiation of a contract. 

20. Legal or contractual regulations for the provision of personal data; Necessity for the conclusion of the contract; Obligation of the data subject to provide the personal data; possible consequences of not providing

We inform you that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual regulations (e.g. information about the contracting party). Sometimes it may be necessary to conclude a contract that a data subject provides us with personal data that we subsequently must process. For example, the data subject is obliged to provide us with personal data if our company concludes a contract with them. Failure to provide personal data would result in the contract not being concluded with the person concerned. Before the data subject provides personal data, the data subject must contact one of our employees. Our employee clarifies the person concerned on a case-by-case basis whether the provision of personal data is required by law or contract or is required for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of not providing the personal data.

21. Automated decision-making

As a responsible company, we do not use automatic decision-making or profiling.

22. Product Complaint form

If you send us a complaint using the form under https://www.kelly.at/html/index.aspx?page_url=Reklamation&mid=283, the transfer of any information will be encrypted.

For the correct and satisfactory handling of your complaint, we use the personal data entered in this form, in particular: first name, last name, address, and email address.

Optionally you can provide us with your telephone number if you want to speak to us personally.

If it comes to the delivery of a replacement product in the course of a complaint, we will provide your name and address to a logistics partner, who is a controller for the processing of your data himself.

Your data will be deleted within three months following the handling of your complaint - by then, you also have the opportunity to refer to it.

We have obtained your consent for the use of the data in the course of the complaint. The legal basis is therefore Art. 6 sec. 1 lit. (a) GDPR.
In addition, we have a legitimate interest in satisfied customers and are in line with your interest in the exchange of a faulty product.