Privacy Notice for European Residents

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.

(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 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 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.