1. Introduction
SMKS Staffing Solutions (“SMKS,” “we,” “our,” or “us”) is headquartered at 20619 Torrence Chapel Rd, Suite 116 #1040, Cornelius, NC 28031, and provides staffing, recruitment, and workforce solutions across the United States. This Privacy Policy describes how we collect, use, disclose, and safeguard personal information obtained through our website (smks.com), our staffing services, and related business interactions.
By using our services or submitting your information to us, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with its terms, please do not use our services.
2. Information We Collect
Candidate / Job Seeker Information
When you apply for a position through SMKS or register as a candidate, we may collect:
- Full name, mailing address, phone number, and email address
- Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) for payroll processing and I-9 employment eligibility verification
- Date of birth and government-issued identification documents
- Resume, work history, and professional references
- Educational credentials, professional certifications, and licenses
- Skills assessments, test results, and interview evaluations
- Compensation history and salary expectations (where permitted by applicable state law)
- Background check results, conducted pursuant to the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq.
- Drug screening results (where required by law or client requirements)
- I-9 employment eligibility verification documents as required under 8 U.S.C. § 1324a
- Disability status or accommodation requests as applicable under the Americans with Disabilities Act (ADA)
Client / Employer Information
When businesses engage our staffing services, we collect:
- Business name, physical address, and contact information
- Names and contact details of authorized business representatives
- Tax identification numbers and billing and payment information
- Job descriptions, compensation ranges, and workplace conditions
- Service agreements, contracts, and correspondence
Website Visitor Information
We automatically collect certain technical information when you visit smks.com, including:
- IP address, browser type and version
- Pages visited, time spent on each page, and referring URLs
- Device type and operating system
- Cookie identifiers and analytics session data
3. How We Collect Information
We collect personal information through the following means:
- Directly from you — through online applications, account registrations, phone conversations, email correspondence, and in-person meetings
- From third-party sources — including background check agencies, professional reference contacts, staffing platforms, and job boards such as LinkedIn and Indeed
- Through our website — via cookies, web beacons, pixel tags, and analytics tools
- From publicly available sources — such as professional networking profiles and public employment or licensing records
4. How We Use Your Information
We use personal information for the following purposes:
- Matching candidates with suitable job opportunities and presenting qualified candidates to client employers
- Conducting employment-related background checks and verifications pursuant to FCRA disclosures and written authorizations
- Processing payroll, withholding required federal and state taxes, and fulfilling W-2 and 1099 reporting obligations for contract and temporary employees
- Completing I-9 employment eligibility verification as required by federal immigration law
- Communicating job opportunities, placement updates, interview schedules, and onboarding information
- Administering employee benefits for eligible contract and temporary workers
- Complying with federal, state, and local employment laws, including the Fair Labor Standards Act (FLSA), Equal Employment Opportunity Commission (EEOC) requirements, Family and Medical Leave Act (FMLA), and applicable state wage and hour laws
- Analyzing and improving our website and services through aggregated, anonymized analytics
- Defending legal claims, enforcing our agreements, and protecting SMKS rights
- Sending recruitment-related and marketing communications, from which you may opt out at any time by contacting us at contact@smks.com
7. Data Retention
We retain personal information for as long as necessary to fulfill the purposes outlined in this policy and to comply with our legal obligations:
- Candidate Records — Retained for seven (7) years from your last interaction with SMKS, or longer as required by applicable law
- I-9 Records — Retained for three (3) years from the date of hire or one (1) year after termination of employment, whichever is later, as required by 8 U.S.C. § 1324a(b)(3)
- Payroll and Tax Records — Retained for a minimum of four (4) years as required by the IRS and applicable state tax authorities
- Client Records — Retained for seven (7) years following the conclusion of the service relationship
- Background Check Records — Retained pursuant to FCRA requirements and applicable state consumer reporting laws
- Website Analytics Data — Retained for up to twenty-six (26) months
8. Security of Your Information
We implement administrative, technical, and physical safeguards designed to protect your personal information from unauthorized access, use, or disclosure, including:
- Encrypted data transmission using TLS/SSL protocols
- Access controls limiting data access to authorized personnel with a legitimate business need
- Regular security assessments and ongoing employee privacy training
- Encrypted storage of sensitive information including Social Security Numbers and financial data
- Vendor due diligence and data processing agreements with service providers
Despite these measures, no method of data transmission or storage is completely secure. We cannot guarantee absolute security of your information. In the event of a data breach that affects your rights, we will notify you in accordance with applicable state breach notification laws, including the North Carolina Identity Theft Protection Act and other applicable state statutes.
9. Your Privacy Rights
California Residents (CCPA / CPRA)
Under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) as amended by the California Privacy Rights Act (CPRA), California residents have the right to:
- Know what personal information we collect and how it is used and shared
- Request deletion of personal information we hold about you (subject to certain legal exceptions)
- Correct inaccurate personal information
- Opt out of the sale or sharing of personal information (SMKS does not sell personal information)
- Limit use of sensitive personal information
- Non-discrimination for exercising your privacy rights
Other State Privacy Rights
Residents of Virginia (VCDPA), Colorado (CPA), Connecticut (CTDPA), Texas (TDPSA), North Carolina (NCIPA, effective October 2025), and other states with comprehensive consumer privacy laws may have similar rights, including the right to access, correct, delete, and opt out of certain data processing activities. Contact us to learn about the specific rights available to you based on your state of residence.
Exercising Your Rights
To submit a privacy rights request, contact us using the information in Section 13. We will respond to verified requests within 45 days (extendable by an additional 45 days with notice). We may require identity verification before processing certain requests to prevent unauthorized disclosure of your information.
10. Children's Privacy
Our services are not directed to individuals under the age of 18, and we do not knowingly collect personal information from minors. If you believe we have inadvertently collected information from a person under 18, please contact us immediately at contact@smks.com and we will promptly delete such information.
11. Third-Party Links
Our website may contain links to third-party websites, job boards, or platforms. This Privacy Policy applies only to SMKS's website and services. We are not responsible for the privacy practices or content of third-party sites and encourage you to review the applicable privacy policies before providing any personal information to those sites.
12. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or business operations. We will notify you of material changes by posting the revised policy on our website with an updated effective date. Your continued use of our services following such posting constitutes your acceptance of the revised Privacy Policy. We encourage you to review this page periodically.
13. Contact Us
If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:
SMKS Staffing Solutions
20619 Torrence Chapel Rd, Suite 116 #1040
Cornelius, NC 28031
Email: contact@smks.com
You may also reach out via our Contact Us form on our website.