This App user interface (this “Interface”) is made available by Kelly Technology Pte. Ltd., a corporation organized and existing under the laws of the Republic of the Philippines (the “Company”, “us”, “we” or “our”).
This Privacy Policy (the “Policy”) governs the manner in which we make the Interface available and how we collect, use, maintain and disclose information collected from our users (each, a “user”, “you”, or “your”) through the Company’s Interface, i.e, mobile applications and all associated Apps linked thereto by the Interface, or by us or our affiliates (the “App”). This Policy further applies to all information we collect through our App and otherwise obtained in connection with products and Services, content, features, technologies, functions and all related web Apps we may provide to you or to which we may provide access (collectively with the App, the “Services”).
Please read this Policy carefully. We are committed to protecting your privacy through our compliance with the terms of this Policy.
1.1. Our Terms of Use (“Terms”) govern all use of our Services, and together with the Privacy Policy, constitute your agreement with us (the “Agreement”). If you do not agree with the terms of this Policy, please do not access our App or Services.
1.2. By accessing or using our Services, you agree to the terms of this Policy. Specifically, by (i) using, visiting or accessing the Services, (ii) using, accessing, establishing an account through or purchasing any of the Services, and/or (iii) clicking “accept”, “agree”, or “OK” (or a similar term) with respect to any of our Terms or similar policies, you consent and agree to be legally bound by each of the terms and conditions contained in this Policy.
1.3. In operating the App and providing the Services, we may collect (and/or receive) certain information about you and your activities. You hereby authorize us to collect and/or receive such information to operate the App and provide the Services
2.1. This Policy applies to all the information collected by us from you in connection with the App and/or the Services offered by us.
2.2. This Policy does not apply to the information collected by us offline or through any other means, including on any other website made available by us or by any third party.
3.1. We collect information:
3.1.1. directly from you when you provide it to us, which may include:
3.1.1.1. contact information, such as your name, company name, job title, address, e-mail address, and phone number;
3.1.1.2. additional information about you to help us get to know you better, such as your gender, age, date of birth, nationality, professional association and registration numbers, information about how you use our Services, and demographic information;
3.1.1.3. comments, questions, requests and order you may make;
3.1.1.4. financial information shared, if any;
3.1.1.5. log-in information, including, if applicable, social media account information for login purposes, and;
3.1.1.6. information about your preferences, such as your preferred methods of communication and product types in which you are interested.
3.1.2. Information automatically gathered from your device:
3.1.2.1. We may collect technical information about your device, device type, IP address, operating system, information collected through other tracking technologies, and related information; and
3.1.2.2. We may collect location information, including precise real-time location information from your device and imprecise location information derived from your IP address or postal code. Kelly will NOT access precise real-time location information from your device unless you grant permission to do so.
3.1.3. In certain instances, information is collected from third parties, such as our customers, distributors, suppliers, third-party providers, subsidiaries or other networks (referred to as “Business Partners”) where you have connected your account and authorized the App to access this information. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services.
3.1.4. We may collect additional information from or about you in other ways not specifically described here.
3.2. We use and process the information we collect for purposes described in this Privacy Policy or as otherwise described to you on our Services or in connection with our Services. For example, we use your information to:
3.2.1. create and process your account and deliver the Services to you, including allowing you to register for the Services and participate in Learn Services to authenticate your identity, handle billing and account management, fulfill our legal and regulatory obligations, and complete other administrative matters;
3.2.2. provide you with updates about products and services offered by us and selected partners, as well as facilitate new contests, sweepstakes, promotions, and rewards;
3.2.3. monitor, administer and enhance our Services, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
3.2.4. prevent potentially fraudulent, prohibited or illegal activities, and enforce our Terms of Use through the use of our risk and fraud tools;
3.2.5. send you transactional information, including confirmations, technical notices, product and services information and announcements, software updates, security alerts, support and administrative messages, and information about your transactions with us;
3.2.6. communicate with you such as responding to your comments and questions, deliver newsletters or other content we believe you will be interested in, provide customer service or feedback, contact you about amounts owed, conduct surveys, respond to employment opportunities for which you’ve applied, notify you about upcoming events, or for any other purposes in connection with the Services;
3.2.7. contact you regarding your account with us, use of the Services, and questions regarding the Service.
3.2.8. conduct research and analytics to understand our visitors and customers, and tailor our product offerings and verify them with third parties;
3.2.9. enhance the safety and security of our Services, platform, and members, and investigate or provide notice of fraud or unlawful or criminal activity;
3.2.10. perform audits and protect or exercise our legal rights or defend against legal claims, including enforcing and carrying out contracts and agreements; and
3.2.11. comply with applicable laws and legal obligations:
3.2.11.1. in response to compliance with our Know Your Customer (“KYC”) obligations under applicable laws and regulations, in particular with the Anti-Money laundering laws and regulations of the respective jurisdiction;
3.2.11.2. in response to lawful requests by public authorities, including to meet national security or law enforcement requirements; or
3.2.11.3. when required by law, court order, or other government or law enforcement authority or regulatory agency; or whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of us or others.
3.3. We may disclose information:
3.3.1. Without limiting the foregoing, you also authorize us to use, disclose and/or share information as described below:
3.3.1.1. share your information with other companies, Business Partners, who may provide your information about the products and services they or their partners offer. You may prevent us from sharing and/or licensing your personal data to third parties by sending an email to compliance@kellyapp.co;
3.3.1.2. we may employ other companies and individuals to perform functions on our behalf;
3.3.1.3. we may also disclose anonymous user statistics in order to describe our Services and business to current and prospective business partners and other third parties for other lawful purposes. This anonymous information does not identify you personally. We may use this anonymous information and share it with our affiliates, agents, business and promotional partners, and other third parties;
3.3.1.4. we may share some or all of your information with any of our parent companies, affiliates, subsidiaries, joint ventures, or other companies under common control with us;
3.3.1.5. depending on where you reside and the entity responsible for running KYC checks;
3.3.1.6. we disclose personal data to respond to subpoenas, court orders, legal processes, law enforcement requests, legal claims, or government inquiries and to protect and defend the rights, interests, safety, financial loss, and security of Kelly, our affiliates, users, or the public.
3.3.2. As noted above, we may use the information we collect about you to fulfill any other purpose for which you may provide us with your information, such as, to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
3.3.3. If you authorize an account connection with a third-party account or platform, then we may:
3.3.3.1. exchange your personal information and other information directly with such third party. Accordingly, we cannot provide any guarantees or warranties howsoever pertaining to any of the third-party identification protection functionalities and other facilities made available, hyperlinked, or referenced to on our App. Your usage of such third-party identification protection functionalities and other facilities is also governed by the third parties’ respective terms and conditions.
3.3.4. We may collect, process and store your User ID or any information associated with any third-party account (including Google and Facebook) that you use to sign into the Services or connect with or use the Services. When you sign in to your account with your third-party account information or otherwise, you consent to our collection, storage, and use, in accordance with this Privacy Policy. This could include, without limitation, any information that has been made public through your social media account or information that is disclosed during the sign-in process or otherwise. Before using this Service, you can review Google’s privacy policy and terms of use and Facebook’s privacy policy and terms of use.
3.3.5. We may share your information with our marketing partners and Business Partners for the purposes of targeting, modeling and/or analytics as well as marketing and advertising. You may object at any time to processing of your information.
3.3.6. We do not send your personal information to third-party social networks unless you have specifically requested or authorized us to do so or are in compliance with this Policy. When you broadcast information to such third-party social networks, such information is no longer under our control and is subject to the terms of use and privacy policies maintained by such third parties.
3.3.7. We may share your information with third parties in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of Kelly or a Kelly business unit, or under similar circumstances. If such an event occurs, we will take appropriate steps to protect your information.
3.3.8. We may share your information with your permission or at your request
4.1. To the extent you have registered for the Services, you may access, review, make changes to, and delete your personal information by following the instructions found on the App or by sending an email to us at compliance@kellyapp.co. We reserve the right to ask for information verifying your identity before we begin complying with a request to review, make changes to, and delete your information.
4.2. Retention: How long we keep your information will/may vary and will depend on:
4.2.1. the purpose and use of information collected;
4.2.2. legal requirements that we keep some types of data for specific periods;
4.2.3. any retention requirements in relevant agreements with our Business Partners;
4.2.4. the length of time between your interactions with Kelly;
4.2.5. the sensitivity of the data; and
4.2.6. any retention obligations related to actual or potential litigation or government investigations.
4.3. Rights on your information:
4.3.1. Your rights to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied. As per the applicable law where you reside, you may be able to assert certain following rights related to you upon such requests:
4.3.1.1. The right to access. You have the right to access, update or delete the information we have on you, and you may email us at support@kellyapp.co to request a copy of the personal information the App’s databases currently contain.
4.3.1.2. The right of correction or rectification. You have the right to have your information rectified if that information is inaccurate or incomplete by emailing us at support@kellyapp.co. Using the same email address associated with your use of the App, simply type the words “Correction or Rectification” in the subject line of your email to us.
4.3.1.3. The right to object. You have the right to object to our processing of your personal information by emailing us at compliance@kellyapp.co. When such objections are not possible, we will advise you accordingly.
4.3.1.4. The right to withdraw consent. You also have the right to withdraw your consent at any time when we rely on your consent to process your personal information by emailing us at compliance@kellyapp.co.
4.3.1.5. The right to restrict and/or erasure. If you should wish to cease or restrict the use of our App and have your personal information deleted from our App, then you may submit a request by emailing us at support@kellyapp.co.
We do not knowingly collect or solicit any information from anyone under the age of 18 on these Services. In the event that we learn that we have inadvertently collected personal information from a child under age of 18, we will take reasonable steps to delete that information unless we are legally obligated to retain such information. If you believe that we might have any information from a child under 18, please contact us at compliance@kellyapp.co.
6.1. We claim that the Privacy Policy and other related agreements by the Company are in accordance with the Philippines Data Privacy Act of 2012, its implementing rules and regulations and related issuances.
6.2. Any personal data provided to Kelly may be transferred to, stored by or disclosed overseas. Your personal information may also be processed by personal information processors, employees or Business Partners operating outside the Philippines, who work for or are in association with Kelly, or by the representatives and employees of Kelly’s parent company and its affiliates. Kelly will take reasonable steps, in the circumstances, before your personal information is disclosed overseas, and to ensure that the overseas recipient doesn't breach privacy laws in relation to your personal information.
6.3. Where a suspected data breach has occurred, Kelly will act in all reasonable measures to determine that a data breach has occurred, and notify the National Privacy Commission and affected data subject in accordance with law.
6.4. Limitations in the processing of personal information:
6.4.1. You may choose to exercise your rights as stated under Clause 4.3. of this Policy as provided herein and by law.
6.4.2. In this case, however, we may not be able to adequately provide you with the assistance or services you requested.
6.4.3. When we act in accordance with your request on exercising the rights as stated in Clause 4.3. of this Policy, Kelly shall no longer process your personal information, except in cases allowed or required by law.
7.1. This Privacy Policy will evolve with time, and when we update it, we will revise the “Effective Date” herein and post the new Privacy Policy. To stay informed of our privacy practices, we encourage and recommend you review the Privacy Policy on a regular basis as you continue to use our Services.
7.2. You acknowledge and agree to review this Privacy Policy periodically and become aware of modifications. Your continued use of the App following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.
These Services are made available by us from The Republic of thePhilippines and are not intended to subject us to the laws or jurisdiction ofany state, country or territory other than that of the Republic of the Philippines
9.1. We understand that you may have questions regarding this Policy, including your personal information, how it may be collected, and how it may be used. You may email us at compliance@kellyapp.co with any concerns or privacy-related questions that you may have
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