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Privacy Notice for California Residents

This Privacy Notice for California Residents (the "Notice") supplements the information contained in our Privacy Policy and applies only if you reside in the State of California (you are a "California Consumer").

For purposes of this Notice "Sell", "Selling", "Sale", or "Sold", means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to another business or a third party for monetary or other valuable consideration.

"Share", "Shared", or "Sharing" means sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

"Cross-context Behavioral Advertising" means the targeting of advertising to a consumer based on that consumer's Personal Information obtained from activity across businesses or distinctly-branded websites, applications, or services, other than the business or distinctly-branded website, application, or service with which the consumer intentionally interacts.

"Sensitive Personal Information" means Personal Information that is not publicly available and reveals one or more of the following:

  • A consumer's social security, driver's license, state identification card, or passport number;
  • A consumer's account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;
  • A consumer's precise geolocation;
  • A consumer's racial or ethnic origin, religious or philosophical beliefs, or union membership;
  • The contents of a consumer's mail, email, and text messages unless we are the intended recipient of the communication;
  • A consumer's genetic or biometric data; or
  • Personal Information collected and analyzed concerning a consumer's health, sex life, or sexual orientation.

"Verifiable Request" means that the identifying information provided by a consumer in connection with a request matches the personal information of the consumer already maintained by us or a third party identify verification service. Identifying information you can submit in order to permit us to verify your request may include your name, email address, and a secure confirmation code that we provide to you via email. Be aware that certain requests, such as requests for specific Personal Information or requests to delete Personal Information, may require us to be more selective about the types of identifying information required to fulfill your request. For example, we may require additional information to verify your identity if you submit a request to delete your Personal Information.

(1) Information We Collect

In the past twelve (12) months, NK has collected the following categories of Personal Information from California residents:

  • Account identifiers (first and last name, age, email address, and phone number).
  • Usage information (IP address, unique device identifiers, user experience recordings).
  • Communications with our customer service department,
  • Other information which is not required to use our Services but that you choose to provide to us on an online form, or messages that you send through the Services.

Additionally, in the past twelve (12) months, NK has collected the following categories of Sensitive Personal Information from California residents:

  • Depending on which Services you use, we may collect information concerning your health;
  • Depending on which Services you use, we may collect your geographic location

NK obtains this Personal Information directly from you. For example, from forms you complete or products and Services that you purchase and use.

(2) Use of Personal Information

NK may use or disclose the Personal Information we collect for one or more of the following "Business Purpose(s)":

  • To fulfill or meet the reason you provided the information
  • To provide our Sites, online services, Apps, and related Services
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
  • To respond to your requests under the California Consumer Privacy Act of 2018 (the "CCPA"), as amended
  • For any other purpose outlined in our Privacy Policy and as otherwise described to you when we collect your Personal Information; and
  • For any other acceptable purposes as set forth in the CCPA.

Additionally, NK may use or disclose the Sensitive Personal Information we collect for one or more of the following "Business Purpose(s)":

  • To fulfill or meet the reason you provided the information
  • To provide our Site, online services, or App, and related Services
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
  • To respond to your requests under the California Consumer Privacy Act of 2018 (the "CCPA"), as amended
  • For any other purpose described to you when we collect your Sensitive Personal Information; and
  • For any other acceptable purposes as set forth in the CCPA.

Unless we notify you otherwise, we will not collect additional categories of Personal Information, nor use the Personal Information we collect for any other materially different, unrelated, or incompatible purposes.

Lastly, to the extent that we create deidentified information based on your Personal Information, we hereby commit to maintain and use such deidentified information in deidentified form, and not to attempt to reidentify such information, except that we may reidentify such information solely for the purpose of determining whether our deidentification processes satisfy the requirements of the CCPA.

(3) Retention of Personal Information

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.

(4) Sharing Personal Information

Within the last 12 months NK has disclosed your Personal Information as described in this Notice.

NK discloses Personal Information to third parties for a Business Purpose. When we disclose Personal Information for a Business Purpose, we enter into an agreement with the receiving party that describes the purpose for sharing the Personal Information, and we use commercially reasonable efforts to require the receiving party to keep that Personal Information confidential and not use it for any purpose other than performing the services according to the agreement.

We may disclose your Personal Information to the following categories of third parties: Service Providers, Online Tool Providers, and weather-related businesses and government agencies.

In the past twelve (12) months, NK has not Sold or Shared any Personal Information about its California Consumers.

(5) Your Rights and Choices

If you are a California Consumer, you may request information about our collection, use, disclosure, and Sale of your Personal Information over the past twelve (12) months, whether or not it was collected electronically. If you submit a Verifiable Request, we will disclose:

  1. the categories of Personal Information we have collected about you; the categories of sources from which your Personal Information was collected; our Business Purpose for collecting, Selling, or Sharing your Personal Information; the categories of third parties with whom we disclose that Personal Information; and the specific pieces of Personal Information we collected about you; and
  2. if we Sold, Shared, or disclosed your Personal Information for a Business Purpose: what categories of Personal Information we Sold or Shared, and to which categories of recipients we Sold or Shared it to.

You also have the right to request that we delete any of your Personal Information that we collect or maintain by submitting a Verifiable Request. We may deny your deletion request if retaining your Personal Information is necessary for us or our Service Providers to:

  • Complete the transaction for which we collected your Personal Information, provide goods or services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the achievement of such research, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

You further have the right to request that we correct any of your Personal Information that is inaccurate by submitting a Verifiable Request. We will correct any inaccurate Personal Information according to your request to the extent possible using commercially reasonable efforts. We may deny your correction request if the Personal Information is accurate.

Lastly, you have the right to request that we limit the use and disclosure of Sensitive Personal Information by submitting a Verifiable Request. If you submit such a Verifiable Request, we may continue to use or disclose your Sensitive Personal Information to:

  • Complete the transaction for which we collected your Personal Information, provide goods or services that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Use in a short-term and transient manner, including, but not limited to, to facilitate non-personalized advertising shown as part of your current interaction with the Services (but not including disclosure to third parties or use outside your current interaction with the Services);
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; or
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

If you choose to exercise a privacy right under the CCPA, you have the right not to receive discriminatory treatment.

You may submit a Verifiable Request for the information listed above, or exercise any of your rights enumerated under this Notice by completing the request form available here or by calling 1-800-784-4221 toll-free in North America or 1-610-447-1555. You may also submit a Verifiable Request on behalf of your minor child.

After we receive your Verifiable Request, we will provide to you, in writing and free of charge (unless your request is excessive, repetitive, or manifestly unfounded), the requested information for the 12-month period preceding your request. You can choose to have this information delivered to you by postal mail, electronically, or through your account. We will try to respond to your verified request within forty-five (45) days of receipt, but if we require more time (up to another forty-five (45) days) we will inform you of the reason and extension period in writing. Please note that we are not required to comply with your request for information more than twice in any 12-month period. If applicable, our response will explain the reasons why we cannot comply with your request.

NK does not and will not, without first obtaining your consent, Sell or Share Personal Information.

Should you choose to exercise any of the rights enumerated under this Notice, we will not:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, please be aware that it may be a functional necessity for our Services to have Personal Information about you in order to operate, and we may not be able to provide some or all of our Services to you if you direct us to delete your Personal Information.