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.

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 
 
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. Privacy policy on application and use of YouTube

This website contains at least one YouTube plugin operated by Google Ireland Ltd , Gordon House Barrow Street, Dublin 4, DO4E5W5 Ireland. As soon as you view one of the pages of our website that features a YouTube plugin, a connection to YouTube's servers is established. YouTube's servers are informed of which specific page of our website you have visited. If you are also signed into your YouTube account, this allows YouTube to assign your browsing patterns directly to your personal profile. You can rule out this possibility by logging out of your account before visiting our web pages. Please see YouTube's data protection provisions under policies.google.com/privacy for more information on how YouTube collects and uses your data. 

Google LLC is an US multinational technology company that specializes in Internet-related services and products. We cannot prevent them to access the data, Google Ireland is processing.

The Court of Justice of the European Union  held that the level of data protection in the U.S. is not essentially equivalent to that required under EU law. Especially the risk to expose your data to the U.S. government along active surveillance programs exists, without a level of legal protection equivalent to that required under EU law

Legal basis for this processing is therefore your consent, considering these risks (Art 49 (1) lit a GDPR)

11. 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.

12. Social Media Buttons

The “Social Media Buttons” of Facebook, Twitter, Instagram, YouTube and Xing, presented on our website by, are only links to the respective social media services. No data will be transferred to the controllers of these services if the button is not clicked. The icons, which represent the logo of the social media service, are stored locally on our server. When you click on one of the buttons in a separate window, the website of the respective social media service will be opened in a separate window and data (IP address) will be transferred. If you are logged in to the service, there will be a record, that the service was linked by Kellys.

13. Matomo

For statistical evaluation of the site visits we included  “Matomo” (formerly “PIWIK”). This is an open-source Web analysis tool. With Matomo, no data is transmitted to servers out of our control. 

Matomo verwendet sog. Cookies. Das sind Textdateien, die auf Ihrem Computer gespeichert werden und die es uns möglich machen, die Benutzung der Webseite zu analysieren. Dazu werden die durch das Cookie gewonnenen Informationen über die Nutzung an unseren Server übertragen und gespeichert, damit das Nutzungsverhalten ausgewertet werden kann. Ihre IP-Adresse wird umgehend anonymisiert; damit bleiben Sie als Nutzer anonym. Die durch den Cookie erzeugten Informationen über Ihre Benutzung dieser Webseite werden nicht an Dritte weitergegeben.

Matomo uses cookies, small text files stored on your computer, to analyze the use of the web page. The information obtained by the cookie will be transmitted and stored on our servers in order to evaluate the usage behavior. Your IP address will be anonymised immediately, so you remain anonymous as a user. The information generated by the cookie about the use of this website will not be passed on to third parties.
Legal basis for the usage of Matomo is our legitimate interest to improve the website and adopt it to the needs of our customers. 

14. 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 dsgvo.koordinator(at)kellys.at  .

15. 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. 
If your personal data are exported to a third country (f.i. US), we explain the risks of this export and ask for your consent, based an Art 49 sec 1 lit a GDPR. 

16. 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.

17. 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. 

18. 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.

19. Automated decision-making

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

20. Product Complaint form

If you send us a complaint using the form under www.kelly.at/html/index.aspx, 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.