This Privacy Statement supports our privacy principles and informs you about our practices for gathering, storing, and using the personal information of individuals who use our websites, apply for or use our employment or outsourcing services, and those who are representatives of our customers (including prospective customers), service providers, and suppliers.
We encourage you to review this information so that you may understand how we collect, use, and share your personal information.
This privacy statement also covers our group of companies. Each group company is a data controller, and company names and information can be found at this link: Kelly Services, Inc. Company Names and Information (collectively, “Kelly Services or “Kelly”). So, when we mention “Kelly Services”, “Kelly”, “we”, “us” or “our” in this privacy statement, we are referring to the relevant company within our group of companies responsible for processing your personal information. We will let you know which entity will be the controller for your personal data.
Kelly Services, Inc is the controller responsible for managing general questions and speculative applications. Those group companies listed above who are not located in Europe can also be contacted through their representative: Kelly Services (Nederland) B.V., Neptunusstraat 37, 2132 JA Hoofddorp, Netherlands.
If we change anything important about this statement (the information we collect, how we use it, or why we use it) we will highlight those changes in the Change History section at the end of this Privacy Statement and provide a prominent link to it for a reasonable length of time following the change and prior to the change taking effect.
If you have questions, please contact the Data Protection Officer at:
E-mail: [email protected]
Post: Â Â Kelly Services, Inc. in the U.S. can be contacted at 999 W. Big Beaver Road Troy, MI 48084.
Kelly Services, Inc., in Europe can be contacted through its subsidiary, Kelly Services Management Sà rl at Av. Edouard-Dubois 20, CH-2002P Neuchâtel, Switzerland.
Contact information for additional countries can be found at this link: Kelly Services, Inc. Company Names and Information.
- Information We Collect
- Why We Use Your Information
- Retaining Your Information
- Where Your Information May Be Shared
- Your Rights and Choices
- Cookies
- Protecting Your Information
- Updates To This Privacy Statement
- How to Contact Kelly
Information We Collect
Kelly collects, stores, and uses personal data to provide our recruiting, employment, outsourcing, and consulting services. We collect personal data about individuals who use our websites, apply for employment or engagement with us, or placement by us through our recruitment services, employees, and those who are representatives of our customers (including prospective customers). Kelly does not knowingly direct its services or obtain, sell, or share information from children under age 16.
Most of this data is provided by you directly when you contact us, submit an application, attend an in-person recruiting event, through phone conversations, contact us about our services, or during your outsourcing or employment relationship.
We also collect data about individuals who are employed or engaged by our customers in connection with our provision of outsourcing and consulting services to those customers. This is generally obtained through our interactions with customers, suppliers, and service providers.
When you interact with a Kelly website or application, we collect data related to how you interact with that service by, for example, our use of cookies placed on your device.
We have set out further details below on the types of personal data we collect (and have collected in the prior 12 months), store, and use and the reasons we use your personal data.
| Â | What personal data we collect | The reason we use your personal data | Legal Basis for Processing |
1 | Information you provide to us as part of the registration process and our relationship with you when you apply for employment with us orengage us to provide recruitment or job-matching services whether provided online, in-person, or by telephone, including:
| We use this personal data:
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2 | Information that we receive from our customers and other third parties about their employees and other personnel that we require for the purposes of providing staffing consultancy and outsourcing services including:
| We use this personal data:
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3 | Sensitive Personal Information and Biometric Information: Information collected about you which falls within “special categories of personal data” including:
| We use this personal data as outlined below:
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4 | Identifiers: Information that we collect from individuals representing organizations, including:
| We use this information to:
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5 | Electronic Network Activity Information: Information we collect through your use of our website, including:
| We use this information to:
Instead of having to type in your personal information, some of functionalities on our website may allow you to use third-party authentication tools such as Facebook, Twitter, and Google to populate certain fields. By authenticating through one of the social media options, you allow us to receive your personal and other information that is accessible through these tools. This information may be incorporated into your profile. For any such tool you choose to use, we encourage you to also review the tool provider’s privacy policy and any terms and conditions. All of our IT systems are auditable and can be monitored, though we do not do this routinely. We are committed to respecting individual users’ reasonable expectations of privacy concerning the use of our IT systems and equipment. |
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6 | Information when you communicate with us whether in person, through our website or via e-mail, over the phone, through social media, or via any other medium, including:
| We use this information to:
We may use personal information to permit you to participate in live social media feeds. If you choose to participate, your public username may be displayed on the sites along with your post, including, but not limited to, comments, images, and video. We may provide you with access to third-party functionality that allows you to post content to your social media account(s). Any information that you provide through use of this functionality is governed by the applicable third party’s privacy policy, and not by this Privacy Statement. |
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7 | Screening Information: Information that we collect from third party partners, our customers, and other Kelly companies which includes:
| We use this information to:
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8 | Information that we collect incidentally from other sources or public sources, including:
| We use this information to:
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9 | Information that we collect from publicly available social media profiles and employment related websites including:
| We use this information to:
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Why We Use Your Information
We will use your personal data where:
- you have given your consent to the relevant processing activity for the purposes of which we have informed you. Where this is the case, you always have the right to withdraw that consent;
- it is necessary for the performance of and compliance with your employment contract or other applicable engagement contract with us or in order to take steps prior to entering into that contract or another contract with you;
- we need to process your information in order to comply with a legal or regulatory obligation (for example, complying with duties under employment, social security, social protection, and tax legislation for example, complying with our obligations under equality legislation or in relation to statutory sickness or maternity rights);
- exceptionally it is necessary for vital interests relating to you or another person (for example, avoiding serious risk of harm to you or others); or
- it is necessary for our legitimate interests (or those of a third party) provided that our legitimate interests are not overridden by your interests or rights which require protection of your data.
We will use special categories of personal data where:
- you have provided your explicit consent. Where this is the case, you always have the right to withdraw that consent;
- we need to do so to carry out our legal obligations (e.g. in the context of employment, social security and social protection law, or for a collective agreement) for example, complying with our obligations under equality legislation or in relation to statutory sickness or maternity rights;
- it is necessary for the establishment, exercise, or defense of legal claims;
- it is necessary for the purposes of preventative or occupational medicine, for the assessment of your working capacity, medical diagnosis, or provision of health care (for example, in relation to Occupational Health referrals and reports);
- where it is needed for reasons of substantial public interest, such as for equal opportunities monitoring;
- exceptionally, where it is necessary for vital interests relating to you or another person (for example, avoiding serious risk of harm to you or others) and where you are not capable of giving consent; or
- where you have already made the relevant personal information public.
We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Legitimate Interests
As mentioned above, we can, sometimes, use your personal information where this is necessary for our legitimate interests (or those of a third party). This includes where use of your personal information is necessary to:
- ensure effective administration and management of your employment or engagement, benefits, management of the business, and business continuity;
- ensure our assets are protected, kept confidential, and not used for inappropriate or unlawful purposes;
- prevent, detect, or investigate unauthorized use of our systems and ensure we comply with law and our policies;
- ensure we can contact you or your family in the case of an emergency;
- check you are legally entitled to work, manage performance, discipline, and promotion processes;
- manage training and development requirements;
- maintain product development and enhancement, along with effective marketing through analytics and profiling for business intelligence;
- deal with disputes and accidents and take legal or other professional advice;
- comply with another country’s laws and regulations;
- prevent fraud and financial crime; and
- ensure network and information security.
If you would like further information on our legitimate interests as applied to your personal information, please contact the Data Protection Officer.
Failure to provide information where required
Where we are requesting information from you in order to employ or engage you, or in order to place or job-match you, if you do not provide the information that we have identified as required we may be unable to properly assist with your request for employment, placement, or job-matching to be performed by Kelly Services.
Retaining Your Information
We will retain your personal information for as long as is necessary in connection with our agreement with you, to provide you with the services requested, for legitimate business reasons or for other necessary purposes such as compliance with a law, regulation, or other legal authority, or as is otherwise permitted to be maintained for other legal purposes, such as audit, security, fraud prevention, or preserving and defending Kelly’s legal rights.
Additionally, job applicants and individuals whose assignment has ended will be maintained in Kelly’s talent pool to be potentially contacted about other employment opportunities. European talent pools will retain your applicant data for no longer than three years. Individuals located outside of Europe will be retained in alignment with local legal requirements, but in all cases no longer than ten years. Where applicable, Kelly will remove your information from the talent pool upon verified request.
Due to our various obligations for retaining records, retention periods may vary. For example, we will retain a copy of your contact details if you object or opt-out of receiving direct marketing communications from us. We will add your details to our suppression list to ensure you do not receive any future marketing communications from us. Also, we will not delete personal data if relevant to an investigation or a dispute. It will continue to be stored until those issues are fully resolved.
We use the following criteria to determine retention periods:
- how long the data is needed to provide staffing and outsourcing services and operate our business;
- whether there are contractual or legal obligations that exist that require us to retain the data for period of time;
- whether any law, statute, or regulation allows for a specific retention period;
- whether an individual has agreed to a longer retention period;
- whether the data is considered to be sensitive data, in which case a shorter retention period generally would be applied; and
- what the expectation for retention was at the time the data was provided to us.
In all cases, we will continue to protect your personal data in accordance with the terms of this Privacy Statement. We will also routinely refresh our information to ensure we keep it up-to-date.
Where Your Information May Be Shared
Kelly Services holds its employees, agents, and suppliers accountable for maintaining the trust that you place in us with your personal information.
For individuals, Kelly shares the data that is necessary to perform its staffing and outsourcing services with other Kelly Services entities, customers, suppliers, or with service providers that may be engaged to assist in managing the processes required to provide these services.
Any engagement of a customer, supplier, or service provider will be governed by appropriate contractual requirements prohibiting the use of your information for any purposes beyond those specifically directed by Kelly, and requiring that they ensure sufficient administrative and technical security mechanisms are in place to prevent your information from being improperly used, disclosed, or accessed.
In order to provide you the employment and outsourcing services requested by you, or in order to provide our staffing, outsourcing, and consultancy services, we share your personal data with:
- our customers or suppliers for potential placement, employment, or outsourcing opportunities;
- our customers or suppliers who are seeking employees that match your qualifications and profile; and
- the company to which you have been assigned to work, in order to integrate with their application and employment processes.
- Managed Service Providers that administer and manage contingent workforce programs for our customers.
- Service providers that perform outsourced administrative services on our behalf, such as applicant tracking systems, human resource information management, payroll processors, and benefit administrators.
- Our information technology vendors, such as Microsoft and Amazon Web Services, for data storage or hosting, business continuity, and disaster relief.
At all times, Kelly shares your personal data with these third parties only for recruitment, placement, employment, and outsourcing purposes.
We also share your information with certain other third parties. We will do this either when we receive your consent or because we need them to see your information to provide services to you or for one of the other purposes set out in this Privacy Statement. These include tax authorities, credit reference agencies, anti-fraud databases and agencies, and screening agencies.
As a result of the global scope of Kelly’s operations, the sharing of your information with other Kelly Services entities, service providers, suppliers, and customers may result in your data being sent to countries outside of your country of residence, which may have data protection laws that differ from those in your country of residence. The areas in which recipients are located will vary based on the nature of the services, but may include the United States, Mexico, Brazil, Canada, Europe, Middle East, Africa, Asia, and Australia. Regardless of the source or destination location of your information, Kelly will at all times protect your information as described in this Privacy Statement, and abide by all applicable data protection laws. Kelly remains responsible for information that we share with third parties for processing on our behalf.
Your personal data may be transferred to other third party organizations in certain scenarios:
- If we discuss selling or transferring part or all of our business – the information may be transferred to prospective purchasers under suitable terms as to confidentiality;
- If we are reorganized or sold, information may be transferred to a buyer who can continue to provide services to you;
- If we’re required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority – for example the Police; or
- If we are defending a legal claim your information may be transferred as required in connection with defending such claim.
European Economic Area, United Kingdom, and Switzerland
For individuals located in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, when transfers to third parties outside of the EEA, United Kingdom, or Switzerland occur, Kelly will put sufficient protections in place to ensure compliance with the applicable legal requirements, such as use of European Union (“EU”) Model Contracts. If you would like further information about our use of Model Contracts, please contact the Data Protection Officer at [email protected].
Finally, your information may be shared with relevant government entities if Kelly is required to do so by law or legal process, or is lawfully requested to do so by law enforcement authorities or other government officials or other regulatory authority, body, or agency.
Your Rights and Choices
We respect your right to access and control your information. The amount of personal information you are required to supply when requesting our services is consistent with Kelly’s interests in providing our services to you. Kelly complies with applicable data protection laws and regulations.
We process personal data about you for the purposes set out in this Privacy Statement, including to provide recruitment, placement, employment or outsourcing services, operate our business, comply with our legal and contract obligations, and fulfill other legitimate interests of Kelly. In most countries in which Kelly has an employment contract with you, the processing of contact, payroll, and benefit information is a contractual or statutory obligation, and failure to provide information to allow processing may restrict your ability to be employed by Kelly
You may have certain rights in relation to your personal data. The availability of these rights and the ways in which you can use them are set out below in more detail.
European Privacy Rights
For individuals located in the European Economic Area (“EEA”), United Kingdom, or Switzerland, Kelly complies with data protection laws in your country, and if applicable, you have the following rights:
- Access: You have the right to request access to your personal data. You are entitled to ask us if we are processing your personal data and, if we are, you can request access to your personal data. This enables you to receive a copy of the personal data we hold about you and certain other information about it.
- Correction: You are entitled to request that we correct inaccuracies (rectification) of your personal data. In response to your request, we will update any incomplete or inaccurate personal data we hold about you to ensure it is accurate and correct.
- Erasure: You have the right to request erasure of your personal data in certain circumstances, and subject to our obligations to maintain your information under applicable laws or if retention of your personal data is required in connection with claims.
- Restriction: You are entitled to ask us to suspend the processing of certain of your personal data, for example if you want us to establish its accuracy or the reason for processing it.
- Transfer: You may request to receive information you provided to us in a machine-readable portable format or the transfer of certain personal data to another party.
- Automated decisions: You may contest any automated decision made about you where this has a legal or similar significant effect and ask for it to be reconsidered. EU residents will not be subject to decisions that will have a legal effect, or a significant impact on you, you based solely on automated decision-making.
Right to object
For individuals located in the EEA, United Kingdom, or Switzerland, you have a right to object to Kelly processing your information in certain circumstances.
You have a right to object to Kelly’s processing of your personal data where this is based on Kelly’s legitimate interests (or those of a third party). You may challenge our reliance on legitimate interests. However we may be entitled to continue processing your personal data based on our legitimate interests or where this is relevant to legal claims. You also have the right to object where we are processing your personal information for direct marketing purposes.
You have the right to lodge a complaint with a Data Protection Authority, in particular in the Member State in the European Union (or United Kingdom, as applicable) where you are habitually resident, where we are based, or where an alleged infringement of Data Protection law has taken place.
Because processing your information is necessary to the performance of recruitment, placement, and employment or outsourcing services that we provide to you, a request to withdraw consent, object to processing, or erase your information may result in Kelly being unable to continue providing its services such as recruitment, placement, employment, or outsourcing services. Subject to applicable law, Kelly may limit or deny requests or charge reasonable fees.
California Privacy Rights
For individuals located in California, Kelly is committed to your rights under the California Consumer Privacy Act, and wants to ensure your aware that, if applicable, you have the following rights:
- Right of Access: For personal data Kelly has collected or maintained about you in the previous 12 months, You have the right to request access to the categories of personal data we collected about you, the categories of sources from which the personal data was collected, the business or commercial purpose for collecting, selling, or sharing personal data, the categories of third parties to whom Kelly disclosed personal data, and a copy of certain pieces of personal data we have collected or maintained. Please note that if your access request requires the disclosure of personal information of another individual, we won’t be able to comply with all of your access request. Similarly, if responding to your access request would cause us to violate any law, rule, regulation, or law enforcement request, Kelly would not be able to fulfill your request.
- Right to Correct: You have the right to request that Kelly corrects inaccurate personal information that is maintained about you.
- Right of Deletion: You have the right to request that we delete personal data that we collected from you. However, we are not required to comply with your request if one of several exceptions apply, including circumstances where is necessary for us or our service provider to maintain your personal data in order to complete the transaction with you; internal use that is reasonably aligned with your expectations; compliance with a legal obligation; or other use your personal data internally that is compatible with the context in which you provided it.
- Right to Opt-out: You have the right to opt-out of the sale or sharing of your personal data to Third Parties at any time. This means that once you exercise your right to opt-out of the sale or sharing of your personal information, we are required to honor your request. Kelly does not sell or share personal information to Third Parties, as defined by California law.
- Right to Limit Use and Disclosure of Sensitive Information: You have a right to request that Kelly restricts its use and disclosure of your sensitive personal information. However, Kelly does not use or disclose your sensitive personal information except for those purposes authorized by the CCPA.
- Right not to be discriminated against for exercising these rights: You have the right to be free of discrimination for exercising your consumer privacy rights. We will not deny you goods or services, charge different amounts or provide a different quality level of goods or services for exercising your rights unless the difference is reasonably related to the value of your data.
Because processing your information is necessary to the performance of recruitment, placement, and employment or outsourcing services that we provide to you, a request to erase your information may result in Kelly being unable to continue providing its services such as recruitment, placement, employment, or outsourcing services. Subject to applicable law, Kelly may limit or deny requests or charge reasonable fees.
Exercising Your California Privacy RightsÂ
To exercise any of these CCPA rights, please use one of the following methods:Â
- Call 1-866-Kelly4U (1-866-535-5948)
- Access our Data Subject Rights Page
- Email [email protected]Â
Please note, Kelly may require additional information to confirm your identity before verifying the request. If we are unable to verify your identity, we may deny the request.Â
Mexican Privacy Rights
Kelly Services México, S.A. de C.V., hereinafter “KELLY”, domiciled at Ave.Niños Héroes Number 1555, interior 103, Moderna Neighborhood, Zip Code 44190, Guadalajara, Jalisco, and with its webpage address at www.kellyservices.com.mx is responsible for the use of general, financial, patrimonial, or sensitive personal data that you have disclosed or may come to disclose in connection to your employment relationship with Kelly, or with the job application you provided, if any, pursuant to the terms established by the Mexican Federal Law for Protection of Personal Data in Possession of Private Parties (“LFPDPPP”).
You are entitled to limit the use or disclosure of your personal data for those purposes not required for our legal relationship, to avoid receiving job offers or promotional messages from Kelly to your phone number, mobile phone number, and/or e-mail address, expressing your refusal to continue receiving this type of messages through your e-mail by sending us such request to the following e-mail: [email protected]. In addition to the foregoing, we inform you that at any time, you may revoke your authorization for the use of your personal data by sending an e-mail to [email protected].Â
In accordance with the LFPDPPP, you are entitled to access your personal data in Kelly´s possession as well as to obtain details about their use, rectify them in case they are inaccurate or incomplete, cancel them when you consider that they turn out to be excessive or unnecessary for the purposes that justify their gathering, or oppose to their use for specific purposes (ARCO rights).
In order to allow Kelly to process your request, such request e-mail should be accompanied by the following information: (i) copy of official identification with photograph (IFE, current passport, professional certificate or military card), (ii) full name, (iii) complete current domicile, (iv) fixed and/or mobile phone number and (v) the reasons for requesting Kelly to access (whenever you want Kelly to inform you about the existence of your personal data); to rectify (whenever you want Kelly to rectify your personal data as they may be inaccurate or incomplete); to cancel (whenever you want Kelly to partially or completely eliminate your personal data); or to oppose (when you require Kelly to cease the use of your personal data).
In the event your request is authorized, in terms of the LFPDPPP, the return of the personal data will be free of charge, and you will have to pay the reasonable mailing expenses only or the cost of copies or other formats that are generated. Your request will be attended within a period no greater than 20 (twenty) business days.
If you consider that your right to data privacy has been infringed by any conduct of employees or by our actions or responses or you believe that there is a violation to the provisions established by the LFPDPPP regarding the use of your personal data, you may submit a complaint or a claim before the Federal Institute of Access to Information and Data Protection. For further information visit www.ifai.org.mx.
Other Privacy Rights
Under the laws of some jurisdictions you may have the right to request additional information about the personal data we collect, request access to the personal data we process, correct an error or omission, delete personal data, or object or limit further processing. Kelly adheres to applicable data protection laws, and will respect individual rights requests under those laws.Â
Because processing your information is necessary to the performance of recruitment, placement, and employment, or outsourcing services that Kelly provides to you, a request to exercise certain rights may result in Kelly being unable to continue providing its services such as recruitment, placement, employment, or outsourcing services. Subject to applicable law, Kelly also may limit or deny requests or charge reasonable fees.
Direct Marketing
We may periodically use your contact information to send you updates via e-mail in order to alert you to opportunities or services relevant to your interactions with us, such as jobs in our database that match your selected criteria.
At the point where we request personal information about you, our site also gives you the opportunity to decide which communications you wish to receive. When your interactions with Kelly Services have resulted in your registration for multiple services or resources it may be necessary to opt out from each service separately.
You can opt-out of receiving direct marketing from us at any time. Each marketing communication will provide instructions on how to opt out of receiving similar e-mails from the registered service or resource. You can also opt-out by contacting the Data Protection Officer at [email protected].
Cookies
We record the number of visitors to the relevant sections of our website and track movement between the sections by means of “cookies.”
Cookies are small data files containing information placed on your computer and are automatically downloaded to your device in order to recognize you as someone that has visited our website previously. We use cookies that identify your browser or device. They collect and store information when you visit our website about how you use it.
For more information about cookies, the types of cookies we use, and how we use them, please see our Cookie Policy.
Protecting Your Information
Kelly Services takes care to secure your personal information.
We regularly monitor industry standards for securing information and review our physical, technical, and organizational security practices in order to determine how best to prevent the loss, misuse, alteration, unauthorized access, destruction, or disclosure of your personal information.
Any personal data sent to us, either in writing or e-mail, may be insecure in transit and we cannot guarantee its delivery.
Passwords must be kept confidential and not disclosed to a third party. Kelly does not ask you for your password.
Updates to this Privacy Statement
Kelly may update this Privacy Statement from time to time, so please review it frequently.
If we change our Privacy Statement, we will post the revised version here and will describe the changes in the Change History section.
If we make significant changes to our Privacy Statement, we may also notify you by other means prior to the changes taking effect, such as, prominently posting a notice of such changes on our websites, providing notice of the change through our online portals, or by directly contacting you.
If you would like to access previous versions of this Privacy Statement contact the Data Protection Officer at [email protected].
How to Contact Kelly
If you have any questions or comments about this Privacy Statement, would like to exercise any of your rights under applicable data protection law, or believe that Kelly has not adhered to this Privacy Statement, please e-mail our Data Protection Officer at [email protected]. Additionally individuals can contact Kelly Services in the U.S. at:
Kelly Services, Inc.
ATTN: Privacy Officer
999 W. Big Beaver Road
Troy, MI 48084
Or in the EEA, United Kingdom, or Switzerland at:
Kelly Services Management SĂ rl
ATTN: Privacy Officer
Av. Edouard-Dubois 20
CH-2002
Neuchâtel
Switzerland
Those group companies listed who are not located in Europe can also be contacted through their representative:
Kelly Services (Nederland) B.V.
Neptunusstraat 37
2132 JA Hoofddorp
Netherlands