Privacy Policy

This Privacy Policy ("policy") governs your relationship with Nielsen-Kellerman Co. and/or affiliated subsidiary companies (collectively, "NK", "we", "us" or "our") in regards to your use and interaction with our devices or products, websites, mobile applications, and/or our social media groups or pages ("Social Media"), together with any software or service(s) related to any of the foregoing (all of the foregoing, collectively, the "Services"). As of the date of these Terms, the Services include, but are not limited to, the following:

Devices (the "Devices"):
Kestrel® Weather and Environmental Instruments, Meters and DROP Data Loggers
KestrelMet® Weather Stations and Sensors
Ambient® Weather Stations and Environmental Sensors
RainWise® Weather Stations, Rain Gauges and Environmental Sensors
Kestrel Ballistics® Meters, Displays and Timers
MagnetoSpeed® Chronographs, Barrel Coolers and Target Hit Indicators
Nielsen-Kellerman®/NK® Sports Meters, Watches, Amplifiers, Speakers, and Wiring
Blue Ocean Rugged Megaphones®

Sites (the "Sites"):
kestrelinstruments.com
kestrelmeters.com
heatstress.com
kestrelmet.com
ambientweather.com
ambientweather.net
rainwise.com
rainwise.net
kestrelballistics.com
hornadykestrel.com
magnetospeed.com
nksports.com
blueoceanmegaphone.com
nkhome.com

Applications (the "Apps"):

Kestrel® LiNK
Kestrel® LiNK Ballistics®
NK® LiNK Logbook
Ambient Weather®
AWNet
MagnetoSpeed® XFR
MagnetoSpeed® T1000 Tuner

If you reside in the State of California, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for California Residents, the Privacy Notice for California Residents will prevail with respect to California Residents (as defined below) only.

If you reside in the State of Nebraska, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for Nebraska Residents, the Privacy Notice for Nebraska Residents will prevail with respect to Nebraska Residents (as defined below) only.

If you reside in the State of Texas, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for Texas Residents, the Privacy Notice for Texas Residents will prevail with respect to Texas Residents (as defined below) only.

If you reside in a country in the European Economic Area, or in the United Kingdom, or in Switzerland, please click here to learn more about your privacy rights. To the extent that there is a conflict between this Privacy Policy and the Privacy Notice for European Residents, the Privacy Notice for European Residents will prevail with respect to European Residents (as defined below) only.

This Privacy Policy explains what information of yours will be collected by NK when you use, download or access the Services, how the information will be used, and how you can control the collection, correction and/or deletion of information. We will not use or share your information with anyone except as described in this Privacy Policy. It also does not apply to information that you ask us to share with third parties or that is collected by Online Tool Providers (as further described below). Except as otherwise required by applicable law, you acknowledge and agree that NK is not responsible for the data collection or use practices of any other Services user or for third parties unrelated to NK with whom the Services may offer you the ability to interface or otherwise interact. This Privacy Policy applies to the use of all Services regardless of whether they post a link to this Privacy Policy. We make our Services available to you subject to this Privacy Policy and any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Services or on notices we send you.

This Privacy Policy was written in English. To the extent a translated version conflicts with the English version, the English version controls. Unless indicated otherwise, this Privacy Policy does not apply to third party products or services or the practices of companies that we do not own or control, including other companies you might interact with on or through the Services.

Please read this Privacy Policy carefully before proceeding! By clicking the "I Agree" button; accessing, uploading, downloading, posting to or using any Site, App and/or Social Media; or by indicating your assent by creating an account, clicking "sign up" or any similar mechanism; you are agreeing to be bound by this Privacy Policy. If you do not agree with this Privacy Policy, do not click on the "I Agree" button or download or use the Service.

Nielsen-Kellerman Co.
21 Creek Circle
Boothwyn, PA 19061 USA
privacy@nkhome.com

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us, as your continued use of any Services constitutes acceptance to the updated terms.

Information collected from you

We collect the personal information you provide to us when you purchase our products or visit our website. The categories of information we may collect include:

• Personal Identifiers, including name, email address, postal address, telephone number, and online Identifiers
• Internet Activity
• Commercial Information, including purchases
• Financial Information, including last four (4) digits of credit or debit card number
• Location Information, including general location data and precise geolocation
• Consumer Communications, including direct communications with our consumers
• Inferences from Other Data, including inferences created from other personal information collected
• Other data, including photographs submitted in connection with product or company reviews and military, veteran, professional or other status to determine discount eligibility

For certain portions of our Services relating to NK LiNK Logbook and the NK SpeedCoach® Rowing Performance Monitor and/or NK CoxBox® Rowing Performance System Devices:

• Activity and exercise metrics (e.g. force and power);
• Age;
• Gender;
• Weight; and/or
• Heart rate

For certain portions of our Services relating to the Ambient Weather Network and/or Rainwise.net and Devices capable of reporting data to these Sites, the Services will also collect indoor weather and environmental sensor measurements including but not limited to temperature, humidity, pressure, air quality, moisture. Certain aspects of the Services may also access certain features of your mobile device, including its location services (GPS), and collect information from those features, such as your geographic location. You consent to this access. You may choose not to provide Personal Information or prevent the Services from accessing certain features of your mobile device (subject to the controls offered by your mobile device's operating system), but you understand that this may prevent you from receiving certain features of the Services.

We may offer you opportunities to engage in public activities on or through a Service. "Public activities" are any actions you take on or through a Service that are designed to be visible to third parties (including other users), including, without limitation, comments, recommendations, reviews, ratings, images, photos, videos, or any other content, information, or items that you submit. You understand and agree that any information you disclose in your public activities, along with your screen name or ID, any profile information you create, and/or any image(s), photo(s), video(s), or other media content, becomes public and may be used by us for online and offline promotional or commercial uses in any and all media, which may include, without limitation, disclosure of such content and information to our business partners and other third parties for our and their business purposes. If you choose to engage in public activities, you should also be aware that any Personal Information you submit can be read, collected and used by other users of these areas. We are not responsible for the Personal Information you choose to submit in the course of your public activities and, except as otherwise required by applicable law, we have no responsibility to publish, take down, remove or edit any of your public activities or submissions.

Information and content that you disclose in connection with your public activities may also be included in our RSS feeds, APIs and other distribution methods and formats, all of which may be accessible by third parties . As a result, you understand and acknowledge that information and content that you disclose in connection with your public activities may appear on other websites, blogs, and feeds, including websites, blogs, and feeds operated by third parties. Keep in mind that we are not responsible for any Personal Information you choose to make public in connection with your public activities, and you expressly agree that, as between you and NK, all such sharing in connection with public activities will be deemed to have been done by you, and not by us.

When you elect to connect our Services with, share or recommend links to, or share content on, any third-party service, software, or platform (including social media sites such as Facebook, Google+ and Twitter) (collectively, a "Third-Party Platform"), that action and any information you share will be governed by, and subject to, the third party's terms of service and privacy policy (or similar legal terms). Our Services may integrate with social media platforms, including Facebook and Twitter. When you connect a social media account to our Services, then we may collect information about that social media account and share information with that social media account as described in the connection process. This collected information may include, but is not limited to, your name, email address, demographic information from your profile, friend lists, postings or other content, and your profile picture. You acknowledge and agree that NK is not responsible for the data collection or use practices of any such connected social media platform. You should read each social media platform's privacy policy before connecting that social media account.

Information collected from other sources

We may collect personal information about you from third-party sources The sources and categories of information we may collect include:

Retail Partners

• Personal Identifiers, including Name, Postal address, and Telephone number
• Commercial Information, including Purchases

How long we keep your data

We do not retain data for any longer than is necessary for the purposes described in this Privacy Policy. We generally retain data according to the guidelines below.

We retain each category of your Personal Information for no longer than is reasonably necessary for one or more business purposes, subject to your right to request we delete your Personal Information. Due to the nature of the Services, it is not possible to predict the length of time that we intend to retain your Personal Information. Instead, we use the following criteria to determine whether it remains reasonably necessary to retain your Personal Information for one or more disclosed business purpose(s): the purpose for which the Personal Information was collected, the level of sensitivity of the Personal Information, and the types of potential uses NK may have for the Personal Information.

When we determine that it is no longer reasonably necessary to retain your Personal Information for one or more disclosed business purpose(s) based on the above criteria, we will delete your Personal Information.

We use personal information for the following purposes:

• Analyzing Data
• Conducting Surveys
• Delivering Ads
• Fulfilling Customer Orders
• Improving Our Products & Services
• Managing Event & Guest Data
• Marketing Our Products & Services
• Meeting Compliance & Legal Requirements
• Operating Our Website or Mobile Apps
• Preventing Fraud
• Processing Payments
• Providing Customer Support
• Sending Promotional Communications
• Storing and Managing Data
• Tracking Purchases & Customer Data

By providing us with your email address (including by "following," "liking," or linking your account to a Service on a third-party website or network), you consent to our using the email address to send you the Service-related notices, including any notices required by law, in lieu of communication by postal mail. You also agree that we may send you notifications of activity on the Service to the email address you give us, in accordance with any applicable privacy settings. We may use your email address to send you other messages, such as newsletters, changes to features of the Service, or other information. If you do not want to receive such email messages, you may opt out at the following unsubscribe pages, depending on the brand:

Kestrel Instruments

Kestrel Ballistics

NK Sports

MagnetoSpeed

RainWise

Ambient Weather

Kestrel Meters

We may disclose your personal information to our service providers and vendors, such as our payment processors, shipping and fulfillment providers, and sales and marketing tools.

We may also disclose, share or sell non-Personal Information specifically related to outdoor weather and environmental conditions collected by Ambient Weather Network and/or RainWise.net to business partners and third parties for weather and environmental related purposes such as forecasting, climate modeling and research. Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our clients, business partners, merchants, advertisers, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.

Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Services, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice on our Site(s).

We take several measures intended to safeguard the collection, transmission and storage of the data we collect. Although we strive to employ reasonable protections for your information that are appropriate to its sensitivity, we do not guarantee or warrant the security of the information you share with us and we are not responsible for the theft, destruction, loss or inadvertent disclosure of your information or content. No system is 100% secure. Accordingly, we cannot ensure or warrant the security of any information you transmit to us or guarantee that your information on the Services may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. Transmitting Personal Information is done at your own risk. Your privacy settings may also be affected by changes to the functionality of third-party providers, such as social networks. We are not responsible for the functionality or security measures of any third party. The Services use industry standard Secure Sockets Layer (SSL) technology intended to allow for the encryption of personal information and credit card numbers. The Services are registered with site identification authorities so that your browser can confirm NK's identity before any personally identifiable information is sent.

You should also be aware of the security features available to you through your internet browser. You should use a security-enabled internet browser to submit your credit card information and other Personal Information to the Services.

To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from us, at all times.

We also collect non-Personal Information relating to the Services, that is, information that does not personally identify an individual. The non-Personal Information we collect includes how you interact with the Services, information generally collected or logged by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Services.

Examples of the non-Personal Information we collect are:

• The pages of our Site that you viewed during a visit or the features of the App you use;
• What information, content or advertisements you view or interact with using the Services;
• Language preferences;
• The city and state in which you are located (but not your precise geographic location); and
• Unique identifiers that are not connected and cannot reasonably be connected to your identity.

For certain portions of our Services relating to the Ambient Weather Network and/or Rainwise.net, the Services also collect data regarding outdoor weather and environmental sensor measurements including, but not limited to, temperature, humidity, pressure, rainfall, wind speed, wind direction, solar radiation, air quality, moisture. Data collected regarding outdoor weather and environmental sensor values with other identifying or geographic location information removed are considered non-Personal Information.

As discussed in more detail below, we sometimes use cookies and other automatic information gathering technologies to gather non-Personal Information. We will not use non-Personal Information to try to identify you, and if we associate any non-Personal Information with information that personally identifies you, then we will treat it as Personal Information. Additionally, we may transform your Personal Information into non-Personal Information (including, with respect to information regarding your geographic location, by generalizing (i.e. abstracting) that location so that it can no longer identify you).

Information collected by the Services may be collected by us or one of our Service Providers (as defined below) or Online Tool Providers.

Cookies

This site uses first and third-party cookies and similar technologies to process personal information for the purposes described in this Policy. Cookies are small text files placed on your device to store data that can be recalled by a web server in the same domain that placed the cookie. The text in a cookie often consists of a string of numbers and letters that uniquely identifies your device, but it can contain other information as well. To learn more about cookies and how to control the use of cookies at a browser level, visit https://allaboutcookies.org/

Do Not Track

Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites do not currently respond to browser DNT signals. However, you may still exercise your privacy rights as described elsewhere in this Policy.

Global Privacy Control

Your browser settings may allow you to automatically transmit an opt-out preference signal, such as the Global Privacy Control (GPC) signal, to online services you visit. When we detect such signal, we place a U.S. Privacy String setting in your browser so that any third party who respects that signal will not track your activity on our website. Your request to opt-out of sale/sharing will be linked to your browser identifier only and not linked to any account information because the connection between your browser and the account is not known to us. GPC is supported by certain internet browsers or as a browser extension. Find out how to enable GPC.

Third party analytics tools

This site uses Google Analytics to analyze your interactions and experiences with our Services. You can find out how Google Analytics uses data here and how to opt out of Google Analytics here. For more information on how Google uses data when you use our websites, click here.

Protecting the privacy of young children is especially important. For that reason, we do not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register for the Site accounts. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any Personal Information to or on the Site. If we learn that we have collected Personal Information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at privacy@nkhome.com.

NK is headquartered in the United States. The information you submit to us or that we obtain as a result of your use of the Services may be collected in your country and subsequently transferred to the United States or to another country so that we may provide you the Services. U.S. law and the laws of other countries where we may store and process your information may offer different levels of protection for information than may be available in your country. By using the Services, you consent to the collection, international transfer, storage, and processing of your information. You agree that all transactions relating to the Services or NK are deemed to occur in the United States, where our servers are located.

Residents of Canada

If you have an objection to the use of your Personal Information as described in this Privacy Policy, you may file a complaint by sending an email to privacy@nkhome.com. We will attempt to accommodate your objection or complaint, but you understand that, to the extent you object to our processing of Personal Information that is necessary for us to provide the Services to you, certain features and functionalities of the Services may no longer be available to you. Nothing in this Privacy Policy prejudices your rights to file a complaint with the Office of the Privacy Commissioner of Canada, and/or with any other applicable data protection authorities.

We are not responsible for the practices employed by websites linked to or from the Services, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding.

If you have any questions about this Privacy Policy, please contact us as follows:

Nielsen-Kellerman

21 Creek Circle

Boothwyn, PA 19061

moc.emohkn@ycavirp

We use personal information for the following purposes:

• Analyzing Data
• Conducting Surveys
• Delivering Targeted Ads
• Fulfilling Customer Orders
• Improving Our Products & Services
• Managing Event & Guest Data
• Marketing Our Products & Services
• Meeting Compliance & Legal Requirements
• Operating Our Website or Mobile Apps
• Preventing Fraud
• Processing Payments
• Providing Customer Support
• Sending Promotional Communications
• Storing and Managing Data
• Tracking Purchases & Customer Data

This section provides additional information for people in the European Economic Area (EEA), United Kingdom (UK), or Switzerland (CH). The terms used in this section have the same meaning as in the General Data Protection Regulation, the UK Data Protection Act, and the Swiss Federal Act on Data Protection (collectively, “European Privacy Laws”). The term “personal information” as used in this notice has the same meaning as “personal data” in the European Privacy Laws.

Collection and Disclosure of Personal Data

The personal data we collect and how we share it is described above in our Privacy Policy.

Cookie Notice

We use cookies to improve your experience on our site and to allow us and third parties to personalize the marketing content you see on other websites and social media. Website visitors from European Privacy Law regions can control cookie settings. Manage your region specific consent settings here.

Essential Cookies

We use these cookies for things like security, logins, site errors, and processing payments. We can't turn these necessary cookies off, but you can control them in your browser.

Analytics Cookies

Personalization Cookies

Advertising Cookies

Lawful Bases and Legitimate Interests

We process personal data on the following lawful bases:

• Complying with legal obligations
• Fulfilling contracts
• Consent
• Legitimate interests

Where we process personal data on the basis of our legitimate interests, we pursue the following interests: Analyzing Data, Conducting Surveys, Delivering Targeted Ads, Fulfilling Customer Orders, Improving Our Products & Services, Managing Event & Guest Data, Meeting Compliance & Legal Requirements, Operating Our Website or Mobile Apps, Preventing Fraud, Processing Payments, Providing Customer Support, Sending Promotional Communications, Storing and Managing Data, Tracking Purchases & Customer Data, and Marketing Our Products & Services.

International Data Transfers

We may send the personal data of individuals in the EEA/UK/CH to third countries, including the United States, where it may be stored or processed, for example on our service providers’ cloud servers. When we transfer personal data, we endeavor to do so on the basis of Adequacy Decisions as adopted by the European Commission (EC), the UK Information Commissioner's Office (ICO), or the Swiss Federal Data Protection and Information Commissioner (FDPIC), the EU-US Data Privacy Framework, UK-US Data Bridge, and Swiss-U.S. Data Privacy Framework agreements, Standard Contractual Clauses (SCCs) issued by the EC or the FDPIC, International Data Transfer Agreements (IDTAs) approved by the ICO, and as otherwise allowed by law. Data protection authorities have determined that the SCCs and IDTAs provide sufficient safeguards to protect personal data transferred outside the EEA/UK/CH. To request copies of our international data transfer safeguards, please contact us at moc.emohkn@ycavirp. You may read more about international data transfer mechanisms at the following links:

• https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en
• https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/
• https://www.edoeb.admin.ch/edoeb/en/home/datenschutz/arbeit_wirtschaft/datenuebermittlung_ausland.html

Privacy Rights

Individuals in the EEA/UK/CH have the following rights regarding their personal data.Make a Privacy Request by clicking here. Once you submit a request, we will verify your identity and process your request in most cases within 30 days.

Right to access. You have the right to request a copy of the personal data we hold about you.

Right of portability. You have the right to ask us to transfer your data to another party.

Right to rectification. You have the right to request that we rectify any incorrect information we have about you.

Right of erasure. You have the right to request that we erase (delete) any personal information we hold about you.

Right to withdraw consent. You have the right to withdraw your consent at any time when we rely on your permission to process your personal data.

Right to object. You have the right to object to our use of data about you.

Right to restrict processing. In certain circumstances, you have the right to restrict our processing of your personal data to storage only, subject to some exceptions. This right applies when:

• You have contested the accuracy of your personal data and we are still verifying its accuracy.
• Your personal data has been unlawfully processed under the GDPR.
• You need for us to keep your data in order to establish, exercise, or defend a legal claim.
• You have previously objected to our processing of your personal data and the status of that review is still pending.

Right to lodge a complaint with a supervisory authority. You have a right to lodge a complaint with a supervisory authority. For more information, you can visit theInformation Commissioner’s Office website at https://ico.org.uk/, the Federal Data Protection and InformationCommissioner’s website at https://www.edoeb.admin.ch/, or see a list of EU Data Protection Authorities athttps://www.gdprregister.eu/gdpr/dpa-gdpr/.

Inquiries

Controller contact information

Nielsen-Kellerman

moc.emohkn@ycavirp

If you reside in a country in the European Economic Area, the United Kingdom, or in Switzerland (a “European Resident”), then information we collect from you may be subject to (i) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, (ii) the EU e-Privacy Directive (Directive 2002/58/EC) and the Swiss Federal Data Protection Act. And/or (iii) the United Kingdom’s Data Protection Act 2018 and the GDPR as saved into United Kingdom law by virtue of Section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the foregoing (i)-(iii) collectively, the “GDPR”)), and the following additional information is provided for your benefit.

The controller of the personal data collected through the Services is:

Nielsen-Kellerman Co.
21 Creek Circle
Boothwyn, PA 19061 USA

If you use the Services, you acknowledge that your Personal Information is being processed pursuant to the lawful bases described below, and you specifically consent to your Personal Information gathered through the Services being transferred, used, and stored in the United States.

Cookie Notice

We use cookies to improve your experience on our site and to allow us and third parties to personalize the marketing content you see on other websites and social media. Website visitors from European Privacy Law regions can control cookie settings. Manage your region specific consent settings here.

Essential Cookies

We use these cookies for things like security, logins, site errors, and processing payments. We can't turn these necessary cookies off, but you can control them in your browser.

(1) Your Rights

You have the following rights under the GDPR:

• You have the right to know why we collect your Personal Information, how and why it is processed by us, and what our legal bases for such processing are.
• Right of access: You have the right to access your Personal Information.
• Right to rectification and deletion: you have the right to supplement or correct the Personal Information we've collected about you, or to direct us to delete your Personal Information.
• If you give us your consent to process your Personal Information, you have the right to revoke that consent.
• Right to data portability: you have the right to request that we transfer all your Personal Information to another controller in a reasonably understandable format.
• Right to object: you may object to our processing of your Personal Information. We will make commercially reasonable efforts to comply with your objection, unless there are legally permissible reasons why we can or must continue to process your Personal Information.

(2) Lawful Bases for Processing

Under European law, companies must have a legal basis to process data. You have particular rights available to you depending on which legal basis we use, and we explain these bases below. You always have the right to request access to, rectification of, and erasure of your data under the GDPR. To exercise your rights, please email us at privacy@nkhome.com.

For all people who have legal capacity to enter into an enforceable contract, we process data as necessary to perform our contracts with you. We describe the contractual services for which this data processing is necessary throughout this Privacy Policy and in our Terms of Service (the "Terms"). The main uses of your data necessary to provide our contractual services are:

• To provide, improve, customize, and support our Services (which may include disclosures to certain third parties who assist us with the foregoing activities);
• To promote safety and security;
• To transfer to, transmit to, store in, or process in the United States and other countries; and
• To communicate with you, for example, on Services-related issues.

We'll use the data we have to provide the Services; if you choose not to provide certain data, the quality of your experience using the Services may be negatively impacted.

When we process data you provide to us as necessary to perform our contracts with you, you have the right to port it (i.e. to receive a copy of your data) under the GDPR. To exercise your rights, please email us at privacy@nkhome.com.

The other legal bases we rely on in certain instances when processing your data are:

1. Your Consent:
   • Information you allow us to receive through the device-based settings when you enable them (such as access to your GPS location), so we can provide the features and services described when you enable the settings;
   • Depending on which Services you use, we will obtain your consent for our collection and processing of certain health-related data, including your age, weight, and heart rate; and
   • Disclosures to certain third parties, as described below in the “Disclosure of Your Information” section.
   When we process data you provide to us based on your consent, you have the right to withdraw your consent at any time and to port that data you provide to us, under the GDPR. To exercise your rights, please make a Privacy Request by clicking here or email us at privacy@nkhome.com.
2. Our legitimate interests or the legitimate interests of a third party, where not outweighed by your interests or fundamental rights and freedoms ("legitimate interests"):
   • For providing measurement, analytics, and other business services. The legitimate interests we rely on for this processing are:
     • To provide accurate and reliable reporting to businesses and other partners, to ensure accurate pricing and statistics on performance, and to demonstrate the value our partners realize using our Services; and
     • The interests of businesses and other partners to help them understand their customers and improve their businesses, validate our pricing models, and evaluate the effectiveness and distribution of their services and messages, and understand how people interact with them on our Services.
   • For providing marketing communications to you. The legitimate interests we rely on for this processing are:
     • To promote the Services and conduct direct marketing.
   • For sharing information with others including law enforcement and to respond to legal requests. The legitimate interests we rely on for this processing are:
     • To prevent and address fraud, unauthorized use of the Services, violations of our terms and policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or products), our users or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.
   • For sharing information with NK’s business partners and prospective business partners. The legitimate interests we rely on for this processing are:
     • NK's operation of its day-to-day business, and ability to plan and execute strategic corporate transactions, including mergers
   You have the right to object to, and seek restriction of, such processing; to exercise your rights, please make a Privacy Request by clicking here or email us at privacy@nkhome.com.
   We will consider several factors when assessing an objection to our processing in furtherance of NK’s legitimate interests, including: our users' reasonable expectations; the benefits and risks to you, us, other users, or third parties; and other available means to achieve the same purpose that may be less invasive and do not require disproportional effort. Your objection will be upheld, and we will cease processing your information, unless the processing is based on compelling legitimate grounds or is needed for legal reasons.
3. Compliance with a legal obligation:
   • We need to process your Personal Information when applicable law requires it, including, for example, if there is a valid legal request for certain data.

(3) Disclosures of Your Information

We may also disclose your Personal Information, (as well as non-Personal Information, without the same restrictions that apply to your Personal Information) to our Service Providers whom we engage to perform certain functions on our behalf (such as processing of payments, provision of data storage, hosting of our Sites, marketing of our products and services, conducting audits, and performing web analytics) as well as, in certain instances, on the Processors’ own behalf and on behalf of third parties who may be affiliated with our Processors (collectively, the “Processors”). A list of our Processors and a description of the services that they perform for us follows. We establish data processing agreements that govern our Processors’ use of your Personal Information, but our Processors’ use of your Personal Information may also be subject to the Processors’ own privacy policies. A list of NK’s Processors together with links to their privacy policies is provided here.

Retention of Your Information

We retain each category of your Personal Information for no longer than is reasonably necessary for one or more of the above lawful bases for processing, subject to your right to request we delete your Personal Information. Due to the nature of the services, it is not possible to predict the length of time that we intend to retain your Personal Information. Instead, we use the following criteria to determine whether it remains reasonably necessary to retain your Personal Information for one or more disclosed lawful bases for processing: the purpose for which the Personal Information was collected, the level of sensitivity of the Personal Information, and the types of potential uses NK may have for the Personal Information.

When we determine that it is no longer reasonably necessary to retain your Personal Information for one or more disclosed lawful bases for processing based on the above criteria, we will delete your Personal Information.

Questions and Complaints

If you have any questions or complaints regarding our use of your Personal Information, please contact us at privacy@nkhome.com. You also have the right to submit a complaint to your applicable Data Protection Authority.