Privacy Policy

PRIVACY POLICY

Introduction

Kelly Days (referred to as “Company,” “we,” “our” and “us”) is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy (this “Policy”) describes the types of information we may collect from you or that you may provide when you visit Kelly Days (the “Website”) and discusses our practices for collecting, using, maintaining, protecting and disclosing that information.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.  This Policy applies to any personal information, and, in certain applicable instances, other information, collected on our Website.  We use the information we collect from you to improve our Website and to provide you with a more personalized experience on our Website.  If you do not agree with our policies and practices, your choice is not to use our Website.  By accessing or using our Website, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Information We Collect About You

When we collect information from you, our primary goal is to provide you with an efficient and more personalized experience on our Website.  We may collect information about you, including Personally Identifiable Information (“PII”), from the information you voluntarily provide to us and through automatic data collection technology.  PII is any information that can be used on its own or with other information to personally identify you as an individual.  In some jurisdictions, PII may also include technical information such as Internet Protocol (“IP”) addresses.  PII that you may voluntarily provide to us includes, without limitation, the following:

  • Name;
  • E-mail address; and
  • Phone Numbers

Information that we may collect through automatic data collection technology includes, without limitation, information about your internet connection, IP address, referrers, search terms, page views, operating system and browser type.

If you submit any PII relating to other people to us in connection with our Website, you represent that you have the authority to do so and to permit us to use such PII in accordance with this Policy.

How We May Collect Your Information

We may collect information in several ways, including:

  • Directly from you:  If you contact us, then we may collect information, including PII, through records and copies of your correspondence with us.  We may also collect information, including PII, when you register to use our Website, report a problem with our Website or respond to our questions via e-mail or feedback forms.  If we collect information directly from you, then you may have the option to refuse to provide us with such information.  However, if you decline to provide us information, then this may impact your ability to use our Website.
  • Offline:  You may provide information, including PII, to us when you contact a Website representative.  For example, if you contact us by phone, we may record the conversation and keep summaries or notes of the call.
  • Through cookies (or browser cookies): A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow our Website to serve the user with specific information tied to the user and help facilitate ongoing access to our Website.  You may refuse to accept cookies by activating the appropriate setting on your browser.  However, if you select this setting, then you may be unable to access certain parts of our Website.  This Policy covers the use of cookies by only us.  We may use the following types of cookies on our Website:
    • Essential Cookies – These cookies allow you to browse our Website and use certain features.  If you disable these essential cookies, then you may be unable to use certain features.
    • Advertising Cookies – These cookies gather information about your use of our Website so that we can improve your experience and provide you with more relevant content and advertising.  These cookies are also used to gather feedback on certain marketing materials.
    • Preference Cookies – These cookies allow us to recognize your device so that you do not have to provide us with the same information more than once.  If you disable these preference cookies, then our Website may not be able to remember certain choices that you previously made or personalize your browsing experience.
    • Performance Cookies – These cookies collect information about how you use our Website, such as which pages you most frequently visit.  We use performance cookies to provide you with a high-quality experience by doing things such as tracking page load, site response times and error messages.
  • Through Flash cookies:  Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website.  Flash cookies are not managed by the same browser settings as are used for browser cookies.  For information about managing your privacy and security settings for Flash cookies, please see the Choices and Access section of this Policy.
  • Through server log files: Our Website may use log files to collect information about your computer and internet connection, which may include information about your IP address, browser type, internet service provider, referring/exit pages, platform type, date/time stamp, and number of clicks. This information may be used to analyze trends, administer the site, track your movement in the aggregate, and gather broad demographic information for aggregate use.
  • Through web beacons:  Web beacons are small electronic files that permit us, for example, to count the number of users who have visited certain pages of our Website, open a particular e-mail or other related website statistics.
  • Through internet tags:  Internet tags are smaller than cookies and tell our Website server information such as the IP address and browser type related to your computer.
  • Through third parties:  Information that we receive from our business partners and third-party servicers.

We will rely on consent, which in some cases may be implied, to use technical information that may be collected through our use of cookies, Flash cookies, server log files, web beacons or internet tags.  You may withdraw consent at any time by contacting us as described in this Policy.

We may also use cookies, Flash cookies, server log files, web beacons and internet tags to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Note that your browser settings may allow you to send a “Do Not Track” signal to websites you visit.  If you elect to send a “Do Not Track” signal when you visit our Website, we will not track your visit to our Website.  To find out more about “Do Not Track” signals, visit http://www.allaboutdnt.com.

The information that we may collect automatically is statistical data and may, depending on applicable law, include PII, and we may maintain it or associate it with PII we collect in other ways.  It helps us to improve our Website by enabling us to estimate our audience size and usage patterns, speed up your searches, recognize you when you return to our Website and store information about your preferences.

How We May Use Your Information

To the extent permitted by applicable law, we may use information, including PII, that we collect:

  • To contact you through email correspondence.
  • To supply information to you upon your request.
  • To present our Website and its contents to you in a fashion customized to match your preferences.
  • To personalize your experience on our Website.
  • To allow you to participate in interactive features on our Website.
  • To send administrative information to you, for example, information regarding our Website and changes to our terms, conditions, features and policies.
  • To carry out obligations and enforce our rights arising from any contract entered into between you and us.
  • To pursue our legitimate interests.
  • To comply with legal process.
  • To respond to request from public and government authorities.
  • To enforce our Terms and Conditions [INSERT LINK TO TERMS AND CONDITIONS].
  • To protect our operations or those of any of our subsidiaries or affiliates.
  • To protect our rights, privacy, safety or property, and/or that of our affiliates, subsidiaries, you or others.
  • To allow us to pursue available remedies or limit the damages that we sustain.
  • For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

To the extent permitted by applicable law, your PII may be disclosed:

  • To identify you to anyone to whom you communicate on a Website.
  • To our subsidiaries and affiliates for the purposes described in this Policy.
  • To contractors, service providers, and other third parties who we use to support our business such as website support, data analysis, IT services and other services, including, without limitation, Google Analytics.
  • If you participate in social sharing (such as if you connect to your social media account), to your friends associated with your social media account, to other users of the social media website, and to your social media account provider, in connection with your social sharing activity.
  • To any third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of any or all portion of our business, assets or equity interests, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding.
  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and Conditions [INSERT LINK TO TERMS AND CONDITIONS] and other agreements that we may have with you.
  • If we believe disclosure is necessary or appropriate to protect the rights, property or safety of us or others.
  • With your consent.
  • For any other purpose disclosed by us when you provide the information.

We do not disclose or sell any PII to any unaffiliated third party for direct marketing purposes.

Third party Collection, Use, and Disclosure of your Information

Our Website contains links to various third party websites.  These third party websites may collect PII and other related information. This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including any third party operating any site to which our Website contains a link. The inclusion of a link on our Website does not imply endorsement of the linked site by us or any of our subsidiaries or affiliates.

Additionally, some content or applications on our Website are served by third parties, including, without limitation, Google Analytics. These third parties may use cookies or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services.  To learn more about how Google Analytics uses cookies to collect and process data, please visit the following link:  https://policies.google.com/technologies/partner-sites?hl=en-GB&gl=uk.

We do not control these third parties’ tracking technologies or how they may be used.  If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Choices and Access

We strive to provide you with choices regarding our use and disclosure of PII. We have created mechanisms to provide you with the following control over your information, including your PII:

  • You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, please visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
  • If at any time you wish to stop receiving communication from us, please just let us know by contacting us in the manner listed below (see Contact Information).

You can review, correct, update, delete or otherwise limit our use of your PII or other information (such as behavioral tracking) by contacting us using the contact information listed below (see Contact Information).  However, please note that we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Security

When users submit sensitive information via our Website, their information is protected both online and offline. Prevention of unauthorized access or disclosure of data is of the utmost importance. Physical, administrative and technical procedures are employed to safeguard all collected information.

All data transactions occurring over a public network (i.e. the Internet) are encrypted using SSL technology.  Specific certifier details can be inspected in your browser during a secure session (see browser-specific help for details).

Access to PII and data by our employees is limited to those persons or agents that have a specific business purpose for maintaining and processing such PII.  These individuals are made aware of their responsibilities to protect the security of that PII and also uphold the principles of confidentiality and integrity.

Unfortunately, new vulnerabilities arise in the realm of technology every day. Although we strive to protect your information, circumstances beyond our control may compromise that goal. As with any website, please be conscious of the data you share.  If you are not comfortable providing any information, it is your right to withhold it.  IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE ARE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, EXCEPT AS PROVIDED UNDER APPLICABLE LAWS.

Indemnity

As a condition to accessing or using our Website, you agree to indemnify and hold harmless the Company, its subsidiaries and affiliates and its and their respective directors, managers, shareholders, members, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorneys’ fees and court costs) and damages arising out of or otherwise in connection with third party claims resulting from or otherwise in connection with your access to or use of our Website, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the terms and conditions stated in this Policy.

Retention Period

We may retain your PII for the period necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfill a legal obligation.

Changes to Our Privacy Policy

If we decide to change this Policy, we will post any changes we make on this page with a notice that this Policy has been updated on the home page of our Website.  Any changes to this Policy will become effective when we post the revised Policy on our Website. The effective date for this Policy is identified at the top of this page. You are responsible for periodically visiting our Website and this Policy to check for any changes. Your use of our Website following these changes means that you accept the revised Policy.

Children

Our Website is not intended for children (as defined by local law).  We do not knowingly collect PII from children.  In the event that we learn that we have collected PII from a child, we will delete such PII as soon as possible.  If you believe we might have any PII from or about a child, then please contact us using the contact information listed below (see Contact Information).  Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act.

California Privacy Rights

For purposes of the California Consumer Privacy Act of 2018 (CCPA), we are generally a service provider to our clients.  In instances in which we have not collected or processed PII as a service provider, you, as a California resident, have the right to make the following requests with respect to your PII:

  • You have the right to request that we disclose to you the categories of PII we collected about you, the categories of sources from which we collected the PII, the categories of PII we sold or disclosed, our business or commercial purpose for collecting and selling PII, the categories of third parties with whom we shared your PII and the specific PII we collected about you during the past twelve (12) months.
  • Subject to certain exceptions, you can request that we delete your PII that we maintain about you.

California residents can exercise these rights by contacting us in the manner listed below (see Contact Information).  We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.  If you reside in California, you also have the right to ask us one (1) time each year if we have shared your PII with third parties for their direct marketing purposes. To make a request, please contact us in the manner listed below (see Contact Information).

Contact Information

If you have any questions, comments or concerns about this Policy or other privacy-related matters, then you may contact us in the following ways:

Mailing Address:       

Email Address:         

Phone Number:        

USERS FROM THE EUROPEAN UNION, UNITED KINGDOM AND SWITZERLAND

This section of this Policy applies to users of our Website from a Member State of the European Union, United Kingdom or Switzerland, and supplements the other information in this Policy.

To the extent that we are subject to the laws of the European Union when processing personal data (“Personal Data”), we shall be the data controller under such laws.

Lawfulness of Processing

Our legal basis for processing your Personal Data is that such processing is necessary for the purposes of the legitimate interests pursued by us except where such interests are overridden by your interests or fundamental rights and freedoms.  In some instances, your consent may be required for the processing of your Personal Data for one of the purposes set out in this Policy.

Cross-Border Transfer

When Personal Data is transferred out of the country where the owner of that Personal Data lives, such as from citizens of the European Union, United Kingdom and Switzerland to the United States of America, different standards may apply to how your Personal Data is used and protected in those countries.  We have appropriate safeguards in place in accordance with applicable legal requirements to adequately protect your Personal Data irrespective of the country.  If you prefer not to have your Personal Data transferred, then do not access or use our Website.

Your Rights

If you are in the European Union, United Kingdom or Switzerland, then you also have the following data protection rights:

  • The right to access:  You have the right to request copies of your Personal Data.  We may charge a small fee for this service.
  • The right to rectification:  You have the right to request that we (i) correct any information you believe is inaccurate or (ii) complete information you believe is incomplete.
  • The right to erasure:  You have the right to request that we erase your Personal Data, under certain conditions.
  • The right to restrict processing:  You have the right to object to our processing of your Personal Data, under certain conditions.
  • The right to data portability:  You have the right to request that we transfer data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one (1) month to respond to you.  If you would like to exercise any of these rights, then please contact us using the contact information listed above (see Contact Information).