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For purposes of this Notice "Sell," "Selling," "Sale," or "Sold," means the exchange of Personal Information for monetary or other valuable consideration by NK to a third party. "Sell," "Selling," "Sale," or "Sold," does not include the following:
Disclosure of Personal Information to a third party that processes data on behalf of NK;
Disclosure of Personal Information to a third party for purposes of providing a product or service requested by you;
Disclosure or transfer of Personal Information to an affiliate of NK;
Disclosure or transfer of Personal Information to a third party as an asset that is part of a proposed or actual merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of NK's assets; and
Disclosure of Personal Information that is intentionally made available by you to the general public via a channel of mass media without restricting the Personal Information to a specific audience.
"Sensitive Personal Information" means any of the following: (1) Personal Information revealing racial or ethnic origin, religious beliefs, a mental or physical health diagnosis, sexuality, or citizenship or immigration status; (2) genetic or biometric data that is processed for the purpose of uniquely identifying an individual; (3) Personal Information collected from a known child younger than 13; or (4) precise geolocation data (which means information that identifies the specific location of an individual with precision and accuracy within a radius of 1,750 feet).
"Verifiable Request" means 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 identity 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.
"Targeted Advertising" means displaying to a consumer an advertisement that is selected based on Personal Information obtained from that consumer's activities over time and across nonaffiliated websites or online applications to predict the consumer preferences or interests. "Targeted Advertising" does not include the following:
Advertising to a consumer in response to a consumer request for information or feedback;
Advertisements based on activities within our own websites or online applications;
Advertisements based on the context of a consumer's current search query, visit to a website, or online application; or
Processing Personal Information solely for measuring or reporting advertising performance, reach, or frequency.
"Profiling" means any form of automated processing of Personal Information to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual's economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.
"Relevant Data Privacy Law" means the Texas Data Privacy and Security Act.
1. Information We Collect or Process
NK has collected or processed the following categories of Personal Information from Texas Consumers:
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; and
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 Texas Consumers:
Depending on which Services you use, we may collect information concerning your health; and
Depending on which Services you use, we may collect your precise geographic data.
NK obtains this Personal Information directly from you. For example, from forms you complete or products and Services that you purchase and use.
By accessing or using the Services, you consent to the collection and processing of Sensitive Personal Information in the categories listed above. If you do not consent to the collection and processing of Sensitive Personal Information within these categories, please do not access or use the Services.
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 Relevant Data Privacy Law;
For any other purpose described to you when we collect your Personal Information; and
For any other acceptable purposes as set forth in the Relevant Data Privacy Law.
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.
3. Disclosures of Personal Information
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 that requires the receiving party to keep that Personal Information confidential.
We may disclose your Personal Information with 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 any Personal Information about Texas Consumers or processed Personal Information about Texas Consumers for Targeted Advertising.
4. Your Rights and Choices
If you are a Texas Consumer, you may request information about our collection and processing of your Personal Information, whether or not it was collected electronically. If you submit a Verifiable Request, we will disclose whether we have collected or processed your Personal Information and allow you to access the Personal Information we have collected, to the extent we continue to retain the Personal Information. To the extent technically feasible, we will disclose this information to you in a readily usable format that allows you to transmit the data to another entity without hindrance. In the event that you make more than (2) requests in any twelve (12) month period, we reserve the right to charge a fee prior to processing any such request(s).
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;
Prevent or detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or investigate, report, or prosecute those responsible for such activity;
Debug products to identify and repair errors that impair existing intended functionality;
Engage in public or peer-reviewed scientific 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;
Cooperate with law enforcement agencies concerning conduct or activities that we reasonably and in good faith believe may violate the law;
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.
If you are a Texas Consumer, 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 pursuant to your request, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information. We may deny your correction request if the Personal Information is accurate.
If you choose to exercise a privacy right under the Relevant Data Privacy Law, you have the right not to receive unlawful 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 who is under 13 years of age.
After we receive your Verifiable Request, we will provide to you, in writing, the requested information. 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) will inform you of the reason and extension period in writing. If we decline to act on your request for any reason permitted under the Relevant Data Privacy Law, we will notify you of our decision within forty-five (45) day of receiving your request. If applicable, our response will explain the reasons why we cannot comply with your request.
If we deny your request or fail to act on it within the required time period, you may have the right to appeal this decision by submitting a new Verifiable Request in which you conspicuously note that you are appealing a previous decision. We will respond to your verified request to appeal within sixty (60) days of receipt. If applicable, our response will explain the reasons why we are denying your appeal, and any further steps that may be available to you.
NK does not and will not, without first obtaining your consent, process your Personal Information for Targeted Advertising, Profiling, and/or Sale to third parties.
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.