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Privacy Policy

Date of Last Update: September 22, 2015

Kentucky Equine Research, Inc. ("KER") respects your privacy and is committed to protecting it through our compliance with this privacy policy. We will only use, distribute, sell, share, or rent data we collect under the circumstances outlined in this policy. This Privacy Policy applies to your use of KER ClockIt software ("Software"), KER mobile applications (each an "App" and collectively the "Apps"), our websites www.ker.comwww.kerx.comwww.microsteed.comwww.equinews.com, www.kerclockit.com, http://shop.kerx.com, http://shopau.ker.com, and other current or future websites owned or managed by KER (individually a "Site" and collectively "Sites"), and memberships and other services.  The Software, the Apps, the Sites, and memberships and other services provided by KER are collectively referred to in this policy as the "Services".

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE OR ACCESS THE SERVICES.

1. Data Collection

When you use the Services, you may utilize a heart rate monitor and/or GPS device in connection with the Apps, which will transmit data to KER.  When you sync the heart rate monitor and/or GPS device through an App or the Software, data recorded on the heart rate monitor and/or GPS device about your horse's activity is transferred from the heart rate monitor and/or GPS device to KER's servers.  Additionally, when you use the Services you may enter contests, vote in surveys, submit demographic information, subscribe to services and create an account, express opinions or otherwise post or upload data on the Sites or via the Apps or Software.  KER collects and stores all of this data. The types of data that may be collected through your use of the Services include but are not limited to your name, address, e-mail address, telephone number, fax number, credit card information, demographic information, information about your interests and behaviors, and information about your horse's heart rate, location, stride characteristics, speed and distance traveled.

When you visit the Sites, KER may also collect certain data about your visit, such as your browser type, operating system, the URL of the page that referred you, the different actions you performed, and the IP address you used to access pages on the Sites.  We also collect data from cookies, as described below.

2. How KER Uses the Data it Collects

KER will use the data it collects to provide you with the best experience possible, to help you make the most of your use of the Services, to improve and protect the Services, to do research, and to prepare research papers.  We also may sell the data we collect, but we won't sell any data that could identify you.  We only share data when it is necessary to provide the Services, when the data is de-identified and aggregated, or when you direct us to share it.

Personally Identifiable Information (PII) is data that includes a personal identifier like your name, email or address, or data that could reasonably be linked back to you.  We will only share this data in the following circumstances:

- with companies that are contractually engaged in providing us with services, such as order fulfillment, email management, and credit card processing.  These companies are obligated by contract to safeguard any PII they receive from us.

- if we believe disclosure is reasonably necessary to comply with a law, regulation, valid legal process (e.g. subpoenas or warrants served on us), or governmental or regulatory request, to enforce or apply the Terms of Service, to protect the security or integrity of the Services, or to protect the rights, property, or safety of KER, its employees, users, or others.  If we are going to release your PII, we will do our best to provide you with notice in advance by email, unless we are prohibited by law from doing so.

- we may disclose or transfer your PII in connection with the sale, merger, bankruptcy, sale of assets or reorganization of our company.

- the Sites may offer contests, sweepstakes, or promotions that are sponsored by or co-sponsored with identified third parties. By virtue of their sponsorship, these third parties may obtain PII that visitors voluntarily submit to participate in the contest, sweepstakes, or promotion. KER may also share registered users’ volunteered contact information with its partners and affiliates, or send messages to users on the behalf of its partners and affiliates. KER has no control over the third-party sponsors’ use of this information.

KER may share or sell aggregated, de-identified data about you or your horses that does not identify you or your horses, with partners and the public in a variety of ways, such as by providing research, studies, papers, analyses, complilations or reports about the health, fitness, training, care and nutrition of horses.

We may also provide log files and other databases of user information to third parties for analysis, so we can get a better understanding of traffic through our site and thus improve our content offerings.

KER may use the data to transmit occasional updates to its members and e-newsletter subscribers about new features and special offers from KER, its affiliates, and selected partners.

3. Choices about how KER Uses and Discloses Your Information

- Tracking Technologies and Advertising: You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website (http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html). If you disable or refuse cookies, please note that some parts of the Sites may then be inaccessible or not function properly.

- Disclosure of Your Information for Third-Party Advertising: If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an e-mail stating your request to info@ker.com.   

- Promotional Offers from KER: If you do not wish to have your e-mail address/contact information used by KER to promote our own or third parties' products or services, you can opt-out by sending an e-mail to info@ker.com. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions.  This opt out does not apply to information provided to KER as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. 

4. How to Deactive Your KER Account

You can deactive your KER account(s) by contacting customer support at info@ker.com. KER may continue to use your de-identified data after you deactivate your account.

5. Accessing and Correcting Your Information

For those Sites that have log-in capability, you can review and change your personal information by logging into the Site and visiting your account profile page.

You may also send us an e-mail at info@ker.com to request access to, correct or delete any personal information you have provided to us.  We cannot delete your personal information except by also deleting your user account.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

6. Cookies

To enhance your experience on our Sites, many of our Sites use “cookies.” Cookies are text files we place in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at ker.com, kerx.com, microsteed.com, www.kerclockit.com, or equinews.com. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand site usage and to improve the content and offerings on our Sites. For example, we may use cookies to personalize your experience at our Sites (e.g., to recognize you by name when you return to ker.com, kerx.com, microsteed.com, www.kerclockit.com, or equinews.com), save your password in password-protected areas, and enable you to use shopping carts on the Sites. We also may use cookies to offer you products, programs, or services.

7. Third parties

The Sites may contain links to other sites whose information practices may be different than ours. Visitors should consult the privacy notices of these other sites as we have no control over information that is submitted to, or collected by, these third parties.

8. Other Uses of Data

Data collected on a Site may be shared with other sites owned by KER. In addition, information collected on our website may be used for other purposes by our parent company, such as direct mail efforts.

9. Security

KER uses a combination of technical and administrative security controls to maintain the security of your data.

When our registration/order forms ask users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry – Secure Sockets Layer (SSL). While on a secure page, such as our order form, the lock icon on the bottom of Web browsers becomes locked, as opposed to being unlocked (or open) when you are just surfing.

10. Obtaining your consent

By using any of the Services, you are giving KER permission to collect and use your data and data generated from your use of the Services in accordance with this privacy policy.

11. How Does KER Handle Data from International Visitors?

The Services are hosted and operated entirely in the United States and Canada. Any personal information that you provide to KER is being transferred to KER and will be hosted on United States and Canadian servers.  You consent to the transfer of your personal information to the United States and Canada. If you are accessing the Services from outside the United States and Canada, please be advised that United States law and Canadian law may not offer the same privacy protections as the law of your jurisdiction.

KER Complies with the U.S.-EU Safe Harbor Framework and the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland.  KER has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.  To learn more about the Safe Harbor program, and to view our certification page, please visit http://www.export.gov/safeharbor/. In compliance with the Safe Harbor Principles, KER commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss citizens with inquiries or complaints regarding this privacy policy should first contact support at info@ker.com.

KER has further committed to refer unresolved privacy complaints under the Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus.  If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit BBB EU SAFE HARBOR website at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

12. Your California Privacy Rights

California Civil Code Section §1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.  To make such a request, please send an e-mail to info@ker.com or write us at: 3910 Delaney Ferry Road, Versailles, KY 40383.

13. Notification of Changes to This Policy

KER may occasionally amend this policy, but any future changes will not affect data that was collected under a previous version of the policy.  If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your KER account and provide notice on the Site. We will use collected data in accordance with the privacy policy under which the data was collected.

If you feel that KER is not abiding by its posted privacy policy, please send an e-mail to info@ker.com.

Questions?

If you have any questions regarding our privacy policy, you can contact us at info@ker.com.