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Privacy Policy

Effective: November 3rd, 2023

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 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

Personal Information Collected

When you register for and/or use our Services, you may provide us with, and we may collect from you, certain Personal Information By "Personal Information", we mean information that can identify or reasonably be linked to you, such as:

  • Names
  • Mailing addresses
  • E-mail address;
  • IP addresses;
  • Geographic location (when you choose to share it);
  • Credit card information (which you submit for payment purposes);
  • Information you choose to share (or "post") on one of our Sites, including any photographs or other media that you choose to share; and
  • 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.

On certain Sites, we may collect user experience recordings, which may include a graphical representation of your interactions with the Services, including mouse movements, page scrolling, and information you type (including Personal Information). We use these recordings to help us understand how users interact with our Services and to design a better user experience for you.

If you correspond with us by email, we may retain the content of your email messages, your email address and our responses. We may also retain any messages you send through our Services and you may also provide us information in user-submitted content you post to a Service.

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 other users, including comments, recommendations, reviews, ratings or any other items that you submit. Any information you disclose in your public activities, along with your screen name or ID, or any image or photo, becomes public and may be used by us for online and offline promotional or commercial uses in any and all media. If you choose to engage in public activities, you should 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.

Public activities may be included in our RSS feeds, APIs and other distribution formats. As a result, your public activities may appear on other websites, blogs, or feeds. Keep in mind that we are not responsible for any Personal Information you choose to make public via your public activities, and you agree that such sharing will be deemed to have been done by you, not 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.

Non-Personal Information Collected

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.

Third Party Business via API or Other Integrations

When you choose to use third party apps, plug-ins, or websites that integrate with the Services, these third parties may receive your information and content, including your Personal Information, photos, and your activity data (including private activities). You understand and acknowledge that information collected by these third parties is subject to their terms and policies, and you agree that NK is not responsible for the terms or policies of any such third parties.

Cookies, Beacons, Local Storage and Other Similar Technologies

Every time you use the Services (e.g., access a Service webpage and/or navigate to a specific location within an App), we collect Personal Information and non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve our Services, we collect how, when, and which parts of the Services or its features you use, which social media platforms you connect to the Services, and when, how, and what you post to the social media platforms through an App. Also, we may use your device's unique identifier (UUID) or other unique identifiers to assist us in collecting and analyzing this data.

To assist us in collecting and storing non-Personal Information, we may use "cookies," web beacons, tags and scripts, and other similar technologies including local storage objects such as HTML5. A "Cookie" is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A Cookie may also refer to web-browser-based storage provided by Adobe's Flash plugin (a "Flash Cookie"). A web beacon, pixel or tag is a small, usually transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie. These technologies allow us to manage access to and use of the Services, recognize you and provide personalization, and help us understand how people use the Services.

Your operating system and web browser may allow you to erase information stored in Cookies, Flash Cookies, and local browser storage. But if you do so, you may be forced to login to the Services again and you may lose some preferences or settings. You may also be able to set your browser to refuse all browser storage or to indicate when it is permitted, but some features of our Services may not function properly without it.

More information about managing Cookies is available here. Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser.

An Online Tool Provider may collect information automatically, in which case Personal Information and non-Personal Information it receives are subject to the Online Tool Provider's privacy policy. By "Online Tool Provider" we mean a licensor of software that we include in, or use with, the Services, including an API or SDK, that provides a specialized function or service to us and that requires the transmission of Personal Information and/or non-Personal Information to the Online Tool Provider. Some Online Tool Providers may allow you to opt out of certain collection and/or uses of your information. You can read more here:

Facebook

Microsoft

Amazon

We also use Google Analytics to help understand use of the Services. This service collects the information sent by your browser as part of a web page request, including cookies and your IP address, and their use of it is governed by Google's Privacy Policy.

How We Use Your Information

We may use the information we collect in order to:

  • Assist us in providing, maintaining, and protecting the Services;
  • Set up, maintain, and protect accounts to use the Services;
  • Improve our online operations;
  • Process transactions;
  • Provide customer service;
  • Communicate with you, such as providing you with account- or transaction-related communications, or other newsletters, RSS feeds, and/or other communications relating to the Services;
  • Send or display offers and other content that is customized to your interests or preferences;
  • Perform research and analysis aimed at improving our products and services and developing new products or services; and
  • Manage and maintain the systems that provide the Services.

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

Following termination or deactivation of your NK account on any Service, we may retain certain Personal Information, including (but not limited to) your profile information and other user-submitted content, for a reasonable time for archival purposes (subject to applicable legal requirements). Furthermore, we may retain and continue to use indefinitely all information (including Personal Information, such as user-submitted content) contained in your communications to other users or posted to public or semi-public areas of the Service after termination or deactivation of your account. You may deactivate your account on the "deactivate account" page within your account online or in the mobile apps.

We reserve the right, but have no obligation, to monitor the user-submitted content or other information that you may post on the Service. We reserve the right to remove any such information or material for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or infringes the rights of a third party, or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.

Disclosures of Your Information

We will not rent or sell your Personal Information to others. We may disclose Personal Information to provide the Services, or when you authorize or instruct us to do so, for example when you use the Services to submit content or profile information. The Services are a social experience, so we may disclose your interactions with the Services to social media platforms and/or to other users of the Services, as described in the "Information We Collect" section, above. We may also share your Personal Information and non-Personal Information with Service Providers. By "Service Providers" we mean third parties whom we engage to help us provide the Services to you (such as processing of payments, provision of data storage, hosting of our Sites, marketing of our products and services, and conducting audits). We may also engage Service Providers to collect information about your use of the Services over time on our behalf so that we or they may promote NK or display information that may be relevant to your interests on the Services or other websites or services. When we use a Service Provider, we require that the Service Provider use and disclose the Personal Information and non-Personal Information received from us only to provide their services to us or as required by applicable law.

We may store Personal Information in locations outside of our direct control of (for instance, on servers or databases co-located with hosting providers).

We may partner with other parties to provide specific services. When you sign up for these services, we will share Personal Information, including your name or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use Personal Information except for the purpose of providing these services.

Any Personal Information or content that you voluntarily disclose for posting to a Service, such as user-submitted content, becomes available to the public, as controlled by any applicable privacy or website customization settings. If you remove information that you posted to the Site, copies may remain viewable in cached and archived pages, or if other users have copied or saved that information.

We may also disclose Personal Information and non-Personal Information to Online Tool Providers. Online Tool Providers may have the right to use Personal Information and non-Personal Information about you for their own business purposes. Use and disclosure of Personal Information and non-Personal Information by an Online Tool Provider is described in its privacy policy. See the "Cookies, Beacons, Local Storage and Other Similar Technologies" section above for some of the key Online Tool Providers we use.

We may partner with advertisers to provide you with special offers, or to advertise products or services to you.

We also reserve the right to disclose Personal Information to any third party where we are required to do so by applicable law, court order, or subpoena, or if we believe, in good faith and in our sole discretion, that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this policy, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; (c) to exercise or protect the rights, property, or personal safety of the Service, our users or others; (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.

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).

How We Protect Information

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.

Transparency and Choices

You may request access to your Personal Information by sending an email to privacy@nkhome.com. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes. You may also remove any content that you post to the Services using the deletion or removal options within the Services. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the Services.

If you need further assistance with removing any content you posted through the Services, you can email us at privacy@nkhome.com. Removal of your posted content may not ensure complete or comprehensive removal from our computer systems.

You may, of course, decline to submit Personal Information through our Services, in which case we will continue to provide those portions of our Services to you which can continue to function without such information. You may opt out of any future contacts from us at any time by following the "unsubscribe" instructions set forth in this Privacy Policy above. You can also opt out of receiving marketing e-mails from us by clicking on the "unsubscribe" link in the e-mails. Please note that it may take up to ten (10) business days for your opt-out request to be processed. Also, even if you opt out of marketing e-mails, we may continue to send you certain account-related e-mails, such as notices about your account and confirmations of transactions you have requested. Please note further that, even if you unsubscribe, we need to reserve the right to contact you for purposes required or permitted by applicable laws.

You can also review and correct certain information directly through your Account Settings. Otherwise, feel free to contact us directly at privacy@nkhome.com.

We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Services, as their operation requires the use of certain Personal Information. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.

We may use third-party service providers that collect information for interest-based advertising purposes (advertisements that are tailored to your likely interests, based on categories in which you have shown an interest). To learn more about these third parties and the choices they offer users, please visit the Network Advertising Initiative's opt-out page or the Digital Advertising Alliance's opt-out page. If you are reading this Privacy Policy from a mobile device, you can learn more about the DAA's mobile choices program here.

We support the development and implementation of a standard "do not track" browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized "do not track" feature is released, we intend to adhere to the browser settings accordingly.

Children's Privacy

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.

International Transfers

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.

Links to Other Web Sites; Third Party Content

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.

Surveys and Contests

From time-to-time our Services may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose any such information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Services.

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.

Residents of Nevada

We do not sell your Personal Information. However, you may contact us at privacy@nkhome.com with questions.

Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Privacy Policy.

Changes to Our Privacy Policy

If we change our privacy policies and procedures, we will post those changes on the Services to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, NK practices, or your dealings with the Services, please contact us by post or e-mail at:

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