Privacy Statement &
Reference of correct terms, depending on where you reside:
- If you live in the United Kingdom, those terms refer to Kindred International Ltd.
If you live in Canada, "we ", "us ", and "our " refer to Kindred Canada (2114393 Ontario Inc.).
If you live in the United States, those terms refer to Kindred Inc.
If you live in South Africa, those terms refer to Kindred (Pty) Ltd and/or Kindred South Africa (Pty) Ltd.
If you live in India, those terms refer to Kindred Marketing Solution India Private Ltd.
If you live anywhere else, those terms refer to Kindred International Ltd.
Purpose of policy
In accordance with the General Data Protection Regulation (GDPR), this notice describes how we collect and use personal information about you whether before, during and/or after you have provided services to us. It applies to all categories of employment or personal service. GDPR applies to all individuals, regardless of their status and this privacy notice does not confer any employment or worker rights onto you, any rights and obligations that you may or may not have are derived from the contract you agreed with us and this notice does not form part of that contract.
This notice also applies to Limited Company Contractors that we engage with because we may hold and process personal data or special categories of personal data for the Limited Company Contractor's directors, employees, substitutes or hired assistants. This notice does not confer, imply or create any direct contractual relationship between Kindred International Limited and any individual engaged or employed by the Limited Company Contractor. We may update this notice at any time. For the avoidance of doubt, we are required by law to issue this notice to all individuals for which we hold personal data and the issuing of this notice does not alter the terms of any contracts we have agreed with you and does not alter the status under which we have contracted with you.
It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information.
Who we are, what we do and how we get your data
Kindred International Limited is a recruitment agency also providing diverse marketing support skills on a managed project and/or contractual basis. Managed service offerings include Digital, Design, Translation and Writing support. We collect the personal data from the following types of people to allow us to undertake our business;
- Prospective and placed candidates for permanent or temporary roles
- Prospective and live client contacts (including referee contacts provided by candidates)
- Supplier contacts to support our services
- Employees, consultants, temporary workers and contractors
- You may have applied directly to us or we may have found your details from a jobs board or social networking site
Who controls your data?
- The Data Controller is Kindred International Limited, a company registered in the UK: Company Number 09141060
- Address: Bank House, 81 St Judes Road, Englefield Green, Surrey, TW20 0DF
- The Data Controller's Data Protection Representative is the Global Compliance Officer
- You can contact them at thea.palmer@Kindred.com
- You can call them on +27 11 300 2700
- Any reference to our Group means our subsidiaries, our ultimate holding company and its subsidiaries
What is personal data?
Personal data is data that can identify you as a living individual. There is general personal data such as name, address, National Insurance number and online identifiers/location data. There is also sensitive personal data which includes information on physical and mental health, sexual orientation, race or ethnic origin, religious beliefs, trade union.
What kind of personal data do we collect?
Information collected and processed for finding you a suitable role is as follows:
- Your name
- Your physical and / or postal address
- Your email address
- Your telephone numbers
- Your educational history, qualifications & skills
- Your job history (including information relating to placements through us)
- Your job preferences including role, geographical areas and salary
- Personal information relating to hobbies, interests and pastimes
- Date of birth
- Contact details of referees
- Information contained in references and pre-employment checks from third parties
- Any other work-related information you provide, for example, education or training certificates
- Passport and in certain cases, a Visa and other right to work or identity information
- National insurance and tax (payroll) information
- Banking details
- Next of kin and family emergency contact details
- Other sensitive personal information such as health records (see 'Sensitive Personal Data' section below)
- Your marketing preferences
*It should be noted that the above list are examples of information we may have concerning you and it does not mean that we do hold this information on you. For example, if you are engaged under a contract for services by us we will not hold employment records or disciplinary and grievance information about you.
How do we collect your data?
We typically collect personal information about employees, workers and sub-contractors through the application, recruitment or engagement process, either directly from individuals or sometimes from our client or background check provider. We may sometimes collect additional information from third parties including former employers, credit reference agencies or other background check agencies. We also collect your information from CV libraries and job boards. We will collect additional personal information in the course of the services you provide to us throughout the period of you provide services to us.
Please note that this list is not exhaustive:
- You (e.g. a Curriculum Vitae, application or registration form, including where you have provided us with your contact details or other information for the purposes of using our Recruitment and Staffing Services)
- A client
- Other candidates (referrals)
- Online jobsites
- Marketing databases
- The public domain
- Social media such as LinkedIn/Facebook
- At interview
- Conversations on the telephone or video conferencing (which may be recorded)
- Notes following a conversation or with you or others, or meetings you attend
- Our websites and software applications
- Third party (Where you are a Candidate/Data Subject and we have obtained your personal data from a third party such as an online job board, it is our policy to advise you of the source when we first communicate with you.)
How we will use your personal data
We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances
- Notifying you of potential roles or opportunities.
- Assessing and reviewing your suitability for job roles.
- Introducing and/or supplying you to actual or potential Clients.
- Related administration e.g. timesheets and payroll.
- To conduct data analytics studies to review and better understand retention and attrition rates.
- Sending information to third parties with whom we have or intend to enter into arrangements which are related to our Recruitment and Staffing Services.
- Providing information to regulatory authorities or statutory bodies, and our legal or other professional advisers including insurers.
- Equal opportunities monitoring.
- Marketing activities such as Kindred information, job alert emails and desktop notifications, email postcards and newsletters, and social content. Each email communication will contain links on how to discontinue these communications.
- Retaining a record of our dealings.
- Establishing quality, training and compliance with our obligations and best practice for the purposes of backing up information on our computer systems.
It should be noted that the reasons listed above may not apply to all those we engage with. For example; if you are engaged under a contract for services then we will not be using your personal information for disciplinary or grievance matters.
If you do not wish to provide us with necessary data
There may be circumstances where we require you to provide data which is necessary for us to meet statutory or contractual obligations, or perform our Recruitment and Staffing Services. If you do not wish to provide us with information we request then please notify us. However, please be aware that as a result we may be unable to provide you, or the party you represent, with a Recruitment and Staffing Service, and in some cases, this may result in a breach of the contract we have with you or a third party you represent.
Change of purpose
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. Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Sensitive Personal Data (SPD)
Sensitive personal data is information which is intensely personal to you and is usually irrelevant to our consideration of your suitability for a job role. Examples of SPD include information which reveals your political, religious or philosophical beliefs, sexual orientation, race or ethnic origin, or information relating to your health. Regardless of the basis for your dealings with us, we request that you do not provide us with any sensitive personal data unless absolutely necessary. However, to the extent that you do provide us with any sensitive personal data, such as data which you choose to share with us in conversation, we shall only use that data for the purposes of our relationship with you or for the provision of our Recruitment and Staffing Services. This will be for one or more of the following reasons:
- You have explicitly consented to the processing
- For the purpose of our assessment of your suitability for job roles or working capacity
- Where processing is necessary for the purpose of obligations or rights under employment, social security or social protection law to maintain records of our dealings to address any later dispute, including but not limited to the establishment, exercise or defence of any legal claims
We may use an electronic system or other software to assist in screening candidates based on the personal information submitted by individuals who apply for specific roles.
If such software or electronic systems have been used in decision making, and you would like to contest the decision, you are welcome to request further explanation. Please reach out to the Data Protection representative.
Who we share personal data with
We may share your data within our rights, with any of the following:
- Any of our group companies
- Third party service providers who perform functions on our behalf
- Individuals, hirers and other third parties, necessary for the provision of our Recruitment and Staffing Services
- Any regulatory authority or statutory body pursuant to a request for information or any legal obligation which applies to us
- Legal and professional advisers
- Insurers such as Medical Insurers or Life Insurers who form part of our benefit offering
Group companies & transfer
Although this Privacy Notice applies to Kindred International Limited, your data may be accessible to, and shared with other organisations within our group including Kindred Marketing Solutions India Private Ltd, Kindred, Pty LTD, Kindred Canada (2114393 Ontario Inc), Kindred, Inc for any of the purposes set out within this Privacy Notice, or where we have shared administration systems and staff.
In the event of a sale, merger, liquidation, receivership or the transfer of all or part of our assets to a third party, we may need to transfer your information to a third party. Any transfer will be subject to the agreement of the third party to this Privacy Notice and any processing being only in accordance with this Privacy Notice
Why might we share your personal information with third parties?
We may have to share your data with third parties, including third-party service providers and other entities. We require third parties to respect the security of your data and to treat it in accordance with the law.
Which third-party service providers process my personal information?
- Any third party outsourced IT and document storage providers where we have appropriate processing agreements in place
- Document and File storage service providers including cloud
- background screening providers for identity verification purposes and security clearance
- Kindred and its clients
How secure is your information with third-party service providers and other entities in our group
All our third-party service providers and other entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instruction
Why we process your personal data and our legal justification for doing so:
Our legal basis for the processing of personal data is our legitimate business interests, although we will also rely on contract, legal obligation and consent for specific uses of data. We will rely on contract if we are negotiating or have entered into a placement agreement with you or your organisation or any other contract to provide services to you or receive services from you or your organisation.
- We will rely on contract if we are negotiating or have entered into a placement agreement
- We will rely on legal obligation if we are legally required to hold information on to you to fulfil our legal obligations
- We will rely on our legitimate business interests
- We will in some circumstances rely on consent for particular uses of your data and you will be asked for your express consent
Entering into and performing a contract with you:
In order to provide our Recruitment and Staffing Services, we may enter into a contract with you and/or a third party. In order to enter into a contract, we will need certain information, for example your name and address. A contract will also contain obligations on both your part and our part and we shall process your data as is necessary for the purpose of those in order to process payroll on your behalf.
Compliance with legal obligations (regulatory and statutory obligations):
We must comply with a number of statutory provisions when providing our Recruitment and Staffing Services, which necessitate the processing of personal data. These include the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which amongst other things requires us to:
- Verify your identity
- Assess your suitability for an external job role
- Maintain records for specific periods
Where we engage a person to work for us (whether directly or as supplied to a Client), there are other statutory obligations that must be complied with including payroll, tax, social security, HMRC reporting requirements, and any other law or regulation. We are also required to comply with statutory and regulatory obligations relating to business generally, for example complying with tax, bribery, fraud/crime prevention and data protection legislation, and co-operating with regulatory authorities such as HMRC or the Information Commissioner's Office.
Our legitimate interests (carrying on the commercial activity of the provision of Recruitment and Staffing Services):
- Retaining records of our dealings and transactions and where applicable, use such records for the purposes of
- establishing compliance with contractual obligations with Clients or suppliers
- addressing any query or dispute that may arise including establishing, exercising or defending any legal claims
- protecting our reputation
- maintaining a backup of our system, solely for the purpose of being able to restore the system to a particular point in the event of a system failure or security breach
- evaluating quality and compliance including compliance with this Privacy Notice
- determining staff training and system requirements
- Using your personal data to:
- assess suitability and contact you regarding potential opportunities and/or our services
- collate market information or trends including providing analysis to potential or actual Clients
- source potential opportunities or roles as part of our Recruitment and Staffing Services
- personalise your experience and our offering, whether via our website or otherwise
This means that for our commercial viability and to pursue these legitimate interests, we may continue to process your personal data for as long as we consider necessary for these purposes.
Consent to our processing of your data:
We may process your personal data on the basis that you have consented to us doing so for a specific purpose, for example, if you apply for a specific role you may have consented to our processing of the data that has been provided for the purpose of progressing your application and considering your suitability for that role. In other cases, you may have provided your written or verbal consent to the use of your data for a specific reason such as receiving marketing updates on some of our additional services.
You may withdraw your consent to our processing of your personal information for a particular purpose at any stage. However, please note that we may continue to retain, or otherwise use your personal information thereafter where we have a legitimate interest or a legal or contractual obligation to do so. Our processing in that respect will be limited to what is necessary in furtherance of those interests or obligations. Withdrawal of consent will not have any effect on the lawfulness ,of any processing based on consent before its withdrawal.
What if we obtain your personal data from a third party?
Part of our business activity involves researching information relating to individuals for the purposes of filling job roles. This may include obtaining personal data from online sources, for example we may obtain information from social media sites such as LinkedIn and job boards, some information being publicly available but others being from sites or providers to which we subscribe. From time to time we may also receive personal information about you from hiring organisations, colleagues and former employers, or from persons for whom you have provided services or been otherwise engaged.
Where information from third party sources is of no use to us, or where you have notified us that you do not want us to provide you with services, we shall discard it. However, we may maintain a limited record in order to avoid the duplication of process. Where we consider that information may be of use to us in pursuance of the provision of our Recruitment and Staffing Services, any processing will be in accordance with this Privacy Notice. You do have the right to object to processing, please see 'Your rights'.
We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access.
Data Security and Confidentiality
We do this by having in place a range of appropriate technical and organisational measures. These include measures to deal with any suspected data breach. It is our policy to ensure, in so far as is reasonably practicable, that our systems and records are secure and not accessible to unauthorised third parties in line with contemporary practice. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from Thea Palmer (Data Protection Officer).
How do we store and transfer your data internationally?
- between and within Kindred entities
- to third parties (such as advisers or other Suppliers to the Hays business)
- to clients
- to clients within your country who may, in turn, transfer your data internationally
- to a cloud-based storage provider; and
- other third parties
We want to make sure that your data are stored and transferred in a way which is secure. We will therefore only transfer data outside of the European Economic Area or EEA where it is compliant with data protection legislation and the means of transfer provides adequate safeguards in relation to your data, for example:
- by way of data transfer agreement, incorporating the current standard contractual clauses adopted by the European Commission for the transfer of personal data by data controllers in the EEA to data controllers and processors in jurisdictions without adequate data protection laws; or
- by signing up to the EU-U.S. Privacy Shield Framework for the transfer of personal data from entities in the EU to entities in the United States of America or any equivalent agreement in respect of other jurisdictions; or
- transferring your data to a country where there has been a finding of adequacy by the European Commission in respect of that country's levels of data protection via its legislation; or
- where it is necessary for the conclusion or performance of a contract between ourselves and a third party and the transfer is in your interests for the purposes of that contract (for example, if we need to transfer data outside the EEA in order to meet our obligations under that contract if you are a Client of ours); or
- where you have consented to the data transfer.
A cookie means a small text file placed on your computer or device by our website when you visit certain parts of our site and/or when you use certain features of our site.
Cookies help to:
- Make our website work as you'd expect
- Remember your settings during and between visits
- Improve the speed/security of the site
- Monitor user traffic patterns
- Understand how our visitors use our website
- Make our marketing more efficient
What all of this means is that you get the best possible user experience and the most relevant information based on your needs. Cookies enable us to constantly evolve, develop and improve functionality to provide you with the best possible user experience.
The cookies we use:
- Strictly necessary
Just as it says, these are the essential cookies to enable you to use the site effectively i.e. applying for a job or submitting a CV. Accepting these cookies is a condition of using the site
These cookies help our site remember the choices you made and also help make the most of our enhanced features, such as providing news or updates relevant to you.
These cookies help us monitor the performance of our site, providing us with the information to constantly optimise and develop our site to get the best user experience for you, for example site visits or source of visitors.
We use personalisation or targeting cookies to make sure we advertise the jobs that we think may be of interest to you, making your user experience a personalised one.
- Third party
As you use our site, you will notice that we have content from other sites, for example, YouTube or Google Maps. We also facilitate the opportunity to engage with us further through social media channels, for example Twitter and Facebook. We use third party cookies to help deliver relevant information to you and integrate content with social networks.
- Google Analytics
These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited.
If the settings on your browser that you are using to view our website are adjusted to accept cookies, we take this, and your continued use of our website, to mean that you are happy to have cookies enabled.
Turning cookies off
Please be aware that by not accepting cookies you will not be able to use some of the key functions of www.ventureweb.com website including:
- Registering with www.ventureweb.com
- Applying for jobs on www.ventureweb.com
- Submitting your CV on www.ventureweb.com
If you don't want us to store a cookie on your PC to make your journey on our website the best it can be, you can switch cookies off by adjusting your browser settings to stop it from accepting cookies. Each browser acts differently so remember to check your browsers 'help' settings.
How long will you use my information for?
In most circumstances your data will not be retained for more than 6 years from the last point at which we provided any services or otherwise engaged with you and it is our policy to only store your personal data for as long as is reasonably necessary for us to comply with our legal obligations and for our legitimate business interests.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Details of retention periods for different aspects of your personal information are available in our retention policy which is available from Thea Palmer. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Ordinarily, we anticipate that we will retain your data for 6 years after the financial year that we last process your Personal data. i.e. from the date that you last work for us.
In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or subcontractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
If however, you believe that we should delete your personal data at an earlier date, please inform us in writing of your reasons. Please see 'Your Rights' below.
Rights of access, correction, erasure, and restriction
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during the period you provide services to us.
We take the protection of your personal data very seriously and it is important that you know your rights within that context, which include rights to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. If you would like to make a request for information, please contact thea.palmer@Kindred.com
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing. Agencies are required to keep certain records such as ID or right to work checks and payroll records for certain periods of time. These obligations will override any request to erase data or any objection to processing for so long as they must keep the data.
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request that we restrict processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request data transfer provided directly by you and processed by automated means is transferred to you or another controller; this right only being applicable where our processing of your data is based either on your consent or in performance of a contract.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Thea Palmer in writing.
- Withdraw your consent in the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time
To withdraw your consent, please contact Thea Palmer. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
- Request that direct marketing by us to you is stopped by emailing Thea Palmer.
If you have any questions concerning your rights or should you wish to exercise any of these rights please contact: thea.palmer@Kindred.com
No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
Changes to this Privacy Notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you are dissatisfied about any aspect of the way in which your data is processed you may, in the first instance refer the matter to: thea.palmer@Kindred.com. This does not affect your right to make a complaint to the Information Commissioner's Office: https://ico.org.uk
If you have any enquires you can contact us at: thea.palmer@Kindred.com or by writing to us at:
Data Protection Representative
Kindred International Limited
201 Borough High Street
- Kindred Inc., (Kindred United States)
- Kindred Canada, (2114393 Ontario Inc.)
- Marketing Solution India Private Ltd, (Kindred India)
- Kindred (Pty) Ltd. (Kindred South Africa)
- Kindred South Africa (Pty) Ltd.
- If you live anywhere else, those terms refer to Kindred International Ltd.
You hereby agree that:
Information that we collect from or about you
We may collect the following information:
- Information that you supply to us. This can, for example, include information that you supply to us when you fill out an online resume, when you register as a user, when you respond to questions that we ask you, when you participate in an interview, and when you communicate with us in other ways.
- Information that we collect from publicly available sources. This can, for example, include information from social media sites, blogs written by you, and information written by others about you.
- What we learn from your interactions with our websites. This can, for example, include your navigation around our websites, page views, searches on our websites, and information about the devices and software you use to connect to our websites, including geo location information.
- What we collect from third parties who provide services to us and our clients. This can, for example, include companies that conduct background checks on you. We will not, however, conduct a background check on you unless you give us specific consent.
- What we learn from our clients, our potential clients, and our team relating to your interactions with them. This can, for example, include evaluations and comments relating to your previous services to our clients and your previous interactions with us.
We will not ask you to supply us with any identification numbers (such as U.S. social security number or a Canadian social insurance number or passport or residency cards) unless we specifically ask you for such information in the application and background check process. Supplying us with this or any other information deemed "sensitive" by applicable law is entirely voluntary on your part. During the application process (i.e., until you have been placed), we will not request information described in this paragraph via email. You can withdraw or modify your consent to our collection and processing of the information you provide. See "Your right to access, review, update and delete" below
How we use information that we collect
We may use information that we collect for the following purposes:
- To register you and maintain your registration.
- To know who you are when you return to the Kindred website and to connect you to information that you previously gave so that you do not have to re-enter it each time.
- To provide and improve the Kindred website and our Services, including solicitation of your feedback and input.
- To respond to your inquiries and otherwise communicate with you regarding your use of the Kindred website and our Services.
- To verify information that you have provided to us.
- To determine whether we want to use your services, either as an employee or as an independent contractor.
- To provide your information to and otherwise communicate with third parties that may be interested in using your services, either as an employee or as an independent contractor. Even if you select only one possible opportunity, if you are not selected for that opportunity, we may use your content and information to present you for other positions.
- To keep your information up-to-date.
- To maintain a record of our and our clients' past interactions with you.
- To inform you of opportunities to provide your services that may be of interest to you.
- To generate internal reports about the use of the Kindred website and our Services.
- To analyze trends and develop statistics about providers and recipients of services.
- To prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk, including identification of potential hackers and other unauthorized users.
- To comply with applicable court orders, subpoenas, document requests, and other legal processes and requirements.
- For any other purposes that you separately authorize as you interact with us.
How we share information that we collect with others
We may share your information with:
- Our affiliates.
- Third parties that may be interested in using your services.
- Service providers (e.g., providers of background and financial checks). In each case, we will only disclose information that is reasonably necessary to complete the service provider's obligations, and we will only allow them to use or disclose your information as necessary to perform their services on our behalf or as otherwise required by law.
We may also share aggregated information with others that is based on part on your information, but such aggregated information will not contain any of your personal information.
How information is transmitted, stored and processed
We may transmit, store or process your information on our equipment and in the cloud. Our equipment and cloud servers may be located in various locations, including Canada, the United States, South Africa, the United Kingdom, India and possibly your country.
You acknowledge that other countries do not necessarily have the same data protection laws as your country. In addition, third parties that may be interested in using your services may be subject to yet a different set of data protection laws. In all of these cases, we will take reasonable steps to comply with applicable law. Those steps may include internal protections by us and our affiliates, contractual provisions among us and our affiliates, and contractual provisions with third parties. To the extent that reasonable guidelines govern the transmission, processing and/or storage of data in multiple countries, we will engage in reasonable efforts to comply with those guidelines, including any successor to the EU-US Safe Harbor guidelines.
You authorize and consent to any such transmission, storage or processing, and you acknowledge that if you do not wish your information to be transferred or stored in such a manner, you have the alternative of not using the Kindred site or our Services.
We may send a cookie (a text file) to your computer or other Internet-connected device to uniquely identify your device or to store information or settings in your browser. We may also send a web beacon (also called a Web bug or a pixel tag or a clear GIF) to learn more about how you are interacting with our websites. In addition, we may use locally shared objects (sometimes called flash cookies), mobile identifiers and similar technologies to do the same things.
These items (collectively "cookies ") can add to your convenience and allow us to send you secure webpages. They can also facilitate the proper functioning and efficiency of the Kindred site, including the use of web analytics, as well as improved security and the prevention of fraud and unauthorized access.
Your browser may allow you to erase cookies from your computer hard drive, block cookies, or receive a warning before a cookie is stored. Please be aware, however, that some of the Kindred site's features or functionality may not work properly without them.
Your right to access, review, update and delete; expiration of your account
Except as provided below, you may access, update, amend or delete information that you provide to us. You may also delete your account, which will cause the same information to be deleted. In some cases, we may not able to grant you access to information that we hold or allow you to delete it. For example:
- We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for our refusal.
- We may keep track of the people to whom we are currently providing services and to whom we previously provided services. In order to do that, we may need to retain your name. In addition, to avoid confusion we do not reissue user names for a period of time.
- Once we send your information to third parties that may be interested in using your services, they may retain a copy, and we cannot control and are not responsible for their retention, use and disclosure of your information.
- We may retain aggregate information, which may have been based in part on your information.
- We may retain information in order to meet our legal obligations.
If you do not sign in to your account or interact with our websites for a significant period of time, your account will expire and be scheduled for removal from the Kindred site. Expired accounts are deleted on a periodic basis. Our current expiration period is approximately 36 months. We may extend or reduce this period in order to adjust to changing circumstances.
We maintain administrative, technical and physical safeguards designed to assist us in protecting your information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Those safeguards include firewalls, password protection, encryption, physical access controls, and information access controls.
Please note that no electronic transmission, storage or processing of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard your information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, though we are committed to protecting your privacy, we do not promise, and you should not expect, that your information will always remain private or secure. You understand and agree that you assume all responsibility and risk for your use of our websites and the internet generally and for your information.
To protect yourself, you should safeguard your account with us, your user name, and password and not share that information with anyone. You should not use the same password you use with us for any other web services or applications. You should also log out and close your browser window whenever you have finished a visit to the Kindred site. Please note that we will never ask you for your account user name or password via email.
Right to change this policy at any time
Not responsible for third parties or links
Our websites may contain links to other websites. If you choose to click on such a link, you will be directed to a third party's website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of the third party's privacy or information security policies or practices. We do not exercise control over any third party websites. Such a third party may place its own cookies or other files on your computer, collect data or solicit information from you. We encourage you to read each third party privacy policies or statements, and we are not responsible for that third party's use or disclosure of your information.
Acquisitions and reorganizations
Do not track
Your browser setting may allow you to automatically transmit a "Do Not Track " signal to our websites. We do not alter our practices when we receive a "Do Not Track " signal.
California "Shine the Light" law
California Civil Code Section 1798.83, known as the "Shine The Light " law, permits users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.
If you live in Canada, "we", "us", and "our" refer to Kindred Canada (2114393 Ontario Inc.). If you live in the United States, those terms refer to Kindred, Inc. If you live in South Africa, those terms refer to Kindred (Pty) Ltd and/or Kindred South Africa (Pty) Ltd. If you live in the United Kingdom, those terms refer to Kindred International Ltd. If you live in India, those terms refer to Kindred Marketing Solution India Private Ltd. If you live anywhere else, those terms refer to Kindred International Ltd.
Retention of ownership; non-exclusive license rights
The Kindred website and all right, title and interest in and to the materials that we make available to you in connection with your use of the Kindred website and our Services are owned by us or our licensors. Except for the limited license rights that we expressly grant to you in next paragraph, we reserve all rights.
In connection with your use of the Kindred website as a potential employer or contracting party that may hire applicants as employees or engage them as independent contractors, we hereby grant to you a limited, revocable, terminable, non-exclusive, non-assignable, non-sublicensable right to access and use the Kindred website and our Services in connection with such activities.
You agree to preserve all copyright, trademark, service mark and other proprietary notices contained in any content or materials that we provide to you.
You represent, warrant and agree that you are at least 18 years of age or older.
You may not use the Kindred website or our Services if you are:
- Not able to form legally binding contracts;
- Under 18;
- Barred from rendering services under the laws of the country in which you are to perform services or
- Suspended, terminated, banned or otherwise prevented from using the Kindred website.
License to what is you submit, including feedback
You grant us a perpetual, irrevocable, unlimited, non-exclusive, worldwide, fully paid, assignable, sub-licensable license to use, copy, perform, display, distribute, and make derivative works from:
- Information you give to us, and/or
- Other information about you that we collect from you and others.
Your license to us include a right to exercise any and all copyright, trademark, publicity, and database rights you have, in any media known now or in the future.
To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to our exercise of the foregoing license. No compensation will be paid to you with respect to the foregoing license.
You agree that we have the right to extract, compile, synthesize, and analyze information relating to you and combine it with that of others as long as the extraction, compilation, synthesis or analysis do not identify you.
Disclaimers and liability limitations
Nothing on the Kindred website or in the provision of our Services to you shall be considered an endorsement, representation or warranty with respect to any third party.
We make no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any data or information that appears on the Kindred website and that we otherwise give you in the provisions of our Services. Our documents may contain inaccuracies or typographical errors. You agree that any reliance on any such documents, or on any other form of communication, will be at your own risk.
We act as a portal for the online distribution and publication of applicants' content and information, as well as information from potential employers or contracting parties that may hire applicants as employees or engage them as independent contractors. Our Services are provided "as is " and "as available". We make no warranty that anyone's content or information will actually be made available on the Kindred website or in connection with our Services. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to anyone's content and information. We have no responsibility or liability for the deletion or failure to store any of anyone's content or information, whether or not the content or information was actually made available on the Kindred website. Any and all content submitted to us is subject to our approval. We may reject, approve or modify anyone's content and information at our sole discretion.
We make no representations or guarantees regarding the effectiveness or timeliness of our Services in meeting your objectives. We do not guarantee that our Services will result in you being hired as an employee or engaged as an independent contractor, or that you will find a suitable employee or independent contractor, and we are not responsible or liable for any decisions, for whatever reason made, made by you.
You assume all responsibility and risk for, and release us from all liability associated with your use of the Kindred site and our Services. In no event shall we (or any of our officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any non-direct damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data, lost opportunity, or business interruption) resulting from or arising under or in connection with our Services or the use or access to, or the inability to use or access, the Kindred site and/or any document, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
Because some jurisdictions do not allow the foregoing exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in the preceding paragraph may not apply to you. If any are held inapplicable or unenforceable for any reason, then our maximum liability to you for any non-direct type of damages shall be limited to U.S. $200.00 in the aggregate.
In no event shall we (or any of our officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers), be liable for any direct damages in excess in the aggregate of U.S. $200.00.
We do not screen or censor opportunities from potential employers and contracting parties. We are not involved in, and do not control actual transactions between employers/contracting parties and applicants. We are not responsible for content and information supplied by potential employers or contracting parties or by applicants, the quality, safety or legality of posted opportunities, the truth or accuracy of opportunities, the ability of employers/contracting parties to provide job/contracting opportunities to applicants, and we make no representations about any jobs or contracting opportunities. While we reserve the right in our sole discretion to remove material from the Kindred website from time to time, we do not assume any obligation to do so and to the extent permitted by law, disclaim any liability for failing to take any such action.
If You are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Not responsible for links and advertising
We provide unmonitored access to third party content, articles with original content and opinions (including links and advertising). We only act as a portal and have no liability based on, or related to, such third party content, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
For any claim, we may elect to resolve the dispute in a cost effective manner through binding Non-appearance-based arbitration. If we elect arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that we will provide to you. The ADR provider and the parties must comply with the following rules:
- The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by us.
- The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- The proceedings will be conducted in English.
For any claim, dispute, or other legal proceeding not subject to arbitration, the claim or dispute shall be brought and litigated exclusively in the courts located within the U.S. (Delaware), the U.K, Canada (Ontario), South Africa, or India based on the country you listed as your country of residence when you registered with us (subject to updates to the extent they take place before the event that gave rise to the dispute or claim) (provided that if you listed a country other than the five listed, disputes, claims, and proceedings will be brought and litigated in the U.K., as appropriate, and you agree to submit to the personal jurisdiction of such court(s) for the purpose of litigating such claims or disputes.
No class actions
This foregoing "Disputes" provision affects your ability to participate in class, collective or representative actions. You and we agree to bring any dispute on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding ("Class Action Waiver"). The Class Action Waiver does not prevent you from bringing an action as a private attorney general solely on your own behalf and not on behalf of others.
Indemnities, representations, warranties, and covenants from you
You are fully responsible for any content or information that you supply to us or to others or any actions you take in connection with your use of the Kindred website or our Services.
Specifically, you represent, warrant and covenant that your content and information:
- Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- Will not violate any law or regulation;
- Will not violate any law or regulation;
- Will not violate any law or regulation;
- Will not violate any law or regulation;
- Will not be defamatory or libellous;
- Will not be obscene or contain child pornography;
- Will not contain material linked to terrorist activities;
- Will not include incomplete, false or inaccurate information about you or any other individual;
- Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- Will not violate any of the rules in the next section entitled "Rules".
Rules; acceptable use
Though the Kindred website is designed to provide services both to individuals seeking employment or independent contractor relationships ("applicants") and to those interested in hiring applicants as employees or engaging them as independent contractors (including both current and potential clients of Kindred and Kindred itself). With respect to individual applicants, the Kindred website is intended solely to present opportunities to them as they seek employment or independent contractor relationships. With respect to potential employers of and contracting parties with such individuals, the Kindred website is intended to present possible applicants to them.
Limitations on what you are allowed to submit
- You may not post any content or information to the Kindred website that contains:
- URLs or links to other websites;
- Material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others.
- Irrelevant keywords or hidden keywords.
- Anything that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity or that incites hatred.
- Content or information that violates any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers.
- You may not:
- Impersonate another person, living or dead, or create a false identity.
- Post any resume, CV or profile or apply for any job on behalf of another party.
- Post any opportunity on behalf of another party.
- Post or submit any incomplete, false or inaccurate biographical information or information which is not your own.
- Use an image that is not your likeness.
- Present false, inaccurate or misleading content or information.
- Misrepresent your current or previous positions and qualifications.
- Misrepresent your affiliations with a person or entity, past or present.
- Misrepresent your identity, including but not limited to the use of a pseudonym.
- Post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership").
- Promote or endorse illegal activities or provide instructional information about illegal activities.
- Post any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation unauthorized by us.
- Post anything that endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual.
- Post anything that harasses, incites harassment or advocates harassment of any group or individual.
- Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts, including the creation of an account to circumvent your suspension or termination.
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Kindred website or our Services.
- Harvest or otherwise collect information about other users, including their email addresses, without their consent, other than to aid in your personal search for opportunities on the Kindred website.
- Advertise an external website, product or service on the Kindred website.
- Delete or alter any material posted by any other person or entity.
- Use or attempt to use another's account.
- Harass, abuse or harm another person.
- Send messages to distribution lists, newsgroup aliases, or group aliases.
- Solicit passwords or personal identifying information from others.
Requirements for what that you are allowed to submit
- Your content and information must:
- Contain sufficient detail to convey your qualifications as an applicant for employment or entry into an agreement as an independent contractor.
- Include your actual name.
- Be accurate and relate only to you.
- Be kept updated.
- You must comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
- You must use our Services in a professional manner.
- You must notify us immediately of any change in your email address. In addition, so that we may communicate with you via regular post and other third-party mail services, you must notify us immediately of any change in your mailing address.
- You must only post website addresses on the Kindred website that relate to your qualifications relating to one or more opportunities made available to you by us. An example of a permissible website address would be a portfolio of your work.
What you must do to protect your account with us
- You are responsible for maintaining the confidentiality of your account and passwords, as applicable.
- You may not share your password or other account access information with any other party, temporarily or permanently, and
- You are responsible for all uses of your account and registrations and passwords assigned to you, whether or not authorized by you.
- You agree to immediately notify us of any unauthorized use of your account or passwords.
What you must do to protect us
- You may not violate or attempt to violate the security of the Kindred website, including, without limitation:
- Accessing data not intended for your use or logging into a server or account which you are not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization from us.
- Attempting to interfere with services to any other user, host or network, including, without limitation, via means of submitting a virus to the Kindred website, overloading, "flooding", "mail bombing" or "crashing."
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Introducing software or automated agents to the Kindred website, or access the Kindred website and our Services so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from the Kindred website without our express written permission.
- Interfering with, disrupting, modifying, reverse engineering, or decompiling any data or functionality of the Kindred website.
- Interfering with, disrupting, or creating an undue burden on the Kindred website or the networks or services connected to the Kindred website.
- Introducing any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Kindred website.
- Attempt to circumvent any security feature of the Kindred website.
- Using any device to navigate or search the Kindred website other than the tools available on the Kindred website, generally available third party web browsers, or other tools approved by us.
- Using any data mining, robots or similar data gathering or extraction methods.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization from us.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Aggregating, copying or duplicating any of our information, content or data.
- Accessing information, content, or data not intended for you or logging into a server or account which you are not authorized to access.
- Overriding any security feature of the Kindred website and our Services.
- You may not "frame" or "mirror" or otherwise incorporate part of the Kindred website into any website, or "deep-link" to any portion of the Kindred website without our express written permission.
- You may not download and aggregate opportunities from the Kindred website for display with opportunities from other websites without our express written permission.
- You may not copy, modify or create derivative works of information, content, or data on the Kindred website without our express written permission.
- You may not copy or use the information, content, or data on the Kindred website in connection with a competitive service (as determined by us).
- You may not sell, resell, rent, lease, loan, trade or otherwise monetize access to Kindred website or any of our information, content, or data without our express written permission.
- You may not expose us or our users to any harm or liability.
- You will not interfere with the operation of, or place an unreasonable load on, the Kindred website or our Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
- You will not interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Kindred website or your account with us, or assist any other person to do any of these things.
- We reserve the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which we deem appropriate in our sole discretion
- You may not bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Kindred website.
- You may not attempt to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Kindred website, overloading, "flooding", "spamming", "mailbombing" or "crashing".
Right to validate identity
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request:
- Provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you;
- Take steps to confirm ownership of your email address or financial instruments; or
- Verify your information against third party databases or through other sources.
We reserve the right to close, suspend, or limit access to your account, the Kindred website and/or our Services if we are unable to obtain or verify to our satisfaction the information which we request under this section.
We can create profiles (CVs)
You authorize us to create profiles of you that we develop from content and information that we collect from you or otherwise gather and to make those profiles to others in connection with providing opportunities to you. We do not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by others. Those profiles may differ significantly from the content and information that you supply to us.
You must register
When you register on the Kindred website or in connection with our Services, you will be asked to create an account and provide us with certain information, including but not limited to, a valid email address and to set up a password. You acknowledge and agree that you have no ownership rights in your account.
If we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Accounts and passwords are subject to cancellation or suspension by us at any time.
Our right to suspend or terminate your account
Your use of the Kindred website and our Services is a privilege. We reserve the right to suspend or terminate that privilege for any reason at any time, in our sole discretion.
We will have no liability whatsoever to you for any suspension termination of your account or any related deletion of your information.
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Questions and notices
You agree that we may provide notices to you in the following ways:
- A banner notice on one or more of our Services,
- An email sent to an address you provided, or
- Through other means including mobile number, telephone, or mail.
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