Last Modified: 9/18/20
Thank you for visiting this website. K&N Engineering, Inc., by and through our subsidiary, K&N Filters (Europe) Ltd. (“K&N,” “we”, “us”, or “our”) is responsible for this website and is the controller of data provided to us through it. We respect your privacy and aim to protect it along with your personal data. This privacy notice will inform you how we collect, process, and control your personal data when you visit us at this website, or at any of our other related sites, listed here, which are collectively referred to as the K&N Sites. It also applies to situations when we send you communications that you request from us.
Advertisements displayed to you when you use our Sites and elsewhere may be customized and targeted to your interests and known preferences based on your personal data collection through our services. Please read below for more information about advertising and your rights.
1. Who We Are
Third Party Links
2. The Data We Collect About You When You Visit K&N Sites
We collect several different types of personal data, which is information relating to an identified or identifiable natural person, from you depending on how you interact with our K&N Sites. Most often, the information we collect is related to the purchase of a product from our website. This information includes your full name, email address, shipping address, billing address, and phone number (“Contact Information”). When you make a purchase from our site, we collect credit card payment or financial account information in order to process the sale (“Billing Information”). If you sign up to receive emails, newsletters, or other information from us, we collect your name and email address (“Marketing Information”).
Some of the personal data we request from you is required in order for you to use our Sites, including ordering products and/or services through them. If you do not wish to provide such personal data to us, you are not obligated to, but you may not be able to use a particular features of our Sites, including ordering products, as a result. Below are some examples of where and how we collect personal data from you.
Providing Product Reviews : If you review one of our products or provide feedback and testimonials, we may post this data on our website and in other marketing advertising. We do so to provide customers with third-party feedback and reviews from actual customers, which we believe helps provide a more honest buying experience. We also use it to evaluate our own products and make improvements to our products and/or services.
Customer Service Communications : We offer a live chat feature to help provide you with the best customer service we can offer. If you choose to use this feature, we may collect specific information about you necessary to communicate with you and respond to your customer services requests. When you call one of our customer service representatives, or e-mail us with a comment or question, you may be asked for information that identifies you, such as your name, mailing address, order number, postal code and/or telephone number, to help us promptly answer your question. We retain this information as necessary to assist you in the future, for instance with any further queries you may have. We also use your feedback, suggestions and comments to monitor and/or improve our publications, product offerings, and Services, among other things.
Promotions or Surveys : When you enter a contest or sweepstakes ("promotion") or participate in a survey or poll ("survey") we may ask you to provide your name, address, phone number and e-mail address. Sometimes we use third-party services to administer and administer and conduct our promotions, so if you use those services when participating in a promotions the policies, including privacy policies, of those third-parties will apply in addition to ours. We use the information we collect on promotion entry forms to administer your participation in the promotions and for other purposes stated on the entry form. Our surveys ask for opinions on various issues and may be sponsored by our advertisers and partners. Information obtained through surveys is aggregated and used internally. We also share survey information with advertisers and marketing partners in an aggregated form that does not personally identify you. In the event personal information is requested as part of a survey, such personal information will only be provided to unaffiliated third parties after ensuring that depending on the circumstances you have either consented or not objected.
Website Information : We collect the IP (Internet protocol) addresses of all visitors to our Sites and clickstream and other related information, such as information about your computer or device, web browser and operating system and their settings, the referring page that linked you to our site, the pages, content or ads you see or click on during your visit and when and for how long you do so, items you download, the next website you visit when you leave our site, and any search terms you have entered on our site (“Technical Data”). We use this information to monitor and improve our website, products, and services.
3. Cookies and Web Beacons
Like many websites, our server logs capture Technical Data automatically as your browse the particular K&N Sites. We do this through several means.
Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. However, you may find that some parts of the site will not function properly if you have refused cookies or similar tracking technologies and you should be aware that disabling cookies or similar tracking technologies might prevent you from accessing some of our content. However, your viewing of editorial content may be hampered. If you wish to block cookies, go to http://www.allaboutcookies.org / to find out how, or check your browser’s instructions.
Local Shared Objects : Local shared objects, such as Flash cookies, also may be stored on your computer or device. Local shared objects operate a lot like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing Flash cookies, for example, see http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html .
HTML 5 : HTML5, the language some websites are coded in, may be used to store information on your computer or device about your Site usage activities. This information may be retrieved by us to help us manage our Sites, such as by giving us information about how our Sites are being used by our visitors, how they can be improved, and to customize them for our users.
Cache Cookies : Cache cookies, such as eTags, may be used to identify your computer or device as the same computer or device that visited a Site or Sites in the past.
Mobile Device IDs and Location-Based Information : Certain mobile devices, including smart phones and tablet devices, contain unique device IDs that can be used to identify their physical location. Some mobile device IDs are persistent, while others may be resettable by accessing the device’s privacy settings. Mobile devices also typically transmit caller ID data (which may include a phone number) when used to transmit a telephone call or text message. When you use mobile devices to access our Services, we may collect and transmit unique device IDs and collect caller ID data, as well as other information about your device, including without limitation, your wireless carrier, the make, model, operating system, capacity and settings of your device, the names, package IDs and versions of other software you have downloaded to your device and information about how you interact with and navigate within our Service. With your consent, we or our authorized service providers and partners also may use precise geolocation technology such as GPS or Wi-Fi triangulation or mobile Bluetooth beacon technology to collect information about the exact location of your mobile device. Precise location information may be collected both while you are using one of our mobile applications and continuously over time while our apps are not in use but are running in the background of your device. You can withdraw your consent to the further collection and use of your precise device location data through any of our mobile apps by accessing your device’s privacy settings as further explained below.
4. How We Use Your Personal Data.
We will only use your personal data when allowed by law. Generally, we will use your personal data: (a) where we need to perform the contract we are about to enter into or have entered into with you; (b) where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests; and (c) where we need to comply with a legal or regulatory obligation. Generally, uses include the following actions:
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
Below is a chart of some of the common ways in which we process your personal data. We have identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To fulfill a purchase order.
In furtherance of performance of a contract with you.
Notifying you about changes to our terms or privacy notice.
Necessary to comply with a legal obligation
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise)
To provide you with information and marketing communications about our products and services.
To respond to customer service requests including order status and chat communications.
5. Disclosures Of Your Personal Data
From time to time, we may need to share your personal data with others.
Third Party Service Providers . We may share your information, including Contact Data and Technical Data, with third party service providers who perform various functions to enable us to provide our devices and help us operate our business, such as website design, sending email communications, fraud detection and prevention, customer care, or performing analytics. Our contracts with these third parties require them to maintain the confidentiality of the personal data we provide to them, only act on our behalf and under our instructions, and not use personal data for purposes other than the product or service they're providing to us or on our behalf.
Protection of K&N and Others . We may share personal data when we believe it is appropriate to enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of K&N, our products and services, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and risk reduction. This does not include selling, renting, sharing, or otherwise disclosing personal data of our customers for commercial purposes in violation of the commitments set forth in this Notice.
Response to Subpoenas and Other Legal Requests . We may share your information with courts, law enforcement agencies, or other government bodies when we have a good faith belief we're required or permitted to do so by law, including to meet national security or law enforcement requirements, to protect our company, or to respond to a court order, subpoena, search warrant, or other law enforcement request.
Sale of Our Business . If we sell, merge, or transfer any part of our business, we may be required to share your information. If so, you will be asked if you'd like to stop receiving promotional information following any change of control.
With your Consent . Other than as set out above, we will provide you with notice and the opportunity to choose when your personal data may be shared with other third parties.
6. Your Choices Regarding Personal Data
You have choices regarding how we use your personal data. We respect your choices and attempt to honor them whenever possible.
You can remove yourself from promotional emails by clicking the unsubscribe button that appears in the email you receive or by emailing your unsubscribe request to us at email@example.com. Please note that it sometimes takes a few days to process unsubscribe requests, but we take efforts to respond to these requests as reasonably practicable. Also, if you receive third-party email offers, you may unsubscribe from those emails by clicking on the unsubscribe button contained within those emails.
Analytics and Interest Based Advertising
Precise Device Location Tracking
Precise location tracking can be turned off and on using your mobile devices location privacy settings. All major operating systems provide their own instructions for how to turn off precise location sharing and these instructions are usually found in the device’s privacy settings.
7. Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. EU Data Subjects Terms
EU data subjects have certain rights with respect to your personal data that we collect and process. We respond to all requests we receive from individuals in the EEA wishing to exercise their data protection rights in accordance with applicable data protection laws.
- Access, Correction or Deletion . You may request access to, correction of, or deletion of your personal data. You can often go directly into the Service under Account Settings to take these actions.
Please note that even if you request for your personal data to be deleted, certain aspects may be retained for us to: meet our legal or regulatory compliance (e.g. maintaining records of transactions you have made with us); exercise, establish or defend legal claims; and to protect against fraudulent or abusive activity on our Service. Data retained for these purposes will be handled as described in “Data Retention” subsection, below.
- Objection . You may object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Restriction . You have the right to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Portability . You have the right to request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw Consent . If we have collected and processed your personal data with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent.
- File a complaint . You have the right to file a complaint with a supervisory authority about our collection and processing of your personal data.
To file a request or take action on one of your rights, please contact us at the contact details provided. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances you can ask us to delete your data (see “EU Data Subjects Legal Rights”). In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
International Data Transfers
9. Children’s Privacy
We are committed to complying with the Children's Online Privacy Protection Act (COPPA). K&N Sites and services are not directed to children under the age of 16. We do not knowingly collect personal information from children under the age of 16. If we receive personal information that we discover was provided by a child under the age of 16, we will promptly destroy such information. Additional information is available on the Direct Marketing Association's home page at http://www.the-dma.org. If you would like to learn more about COPPA, visit the Federal Trade Commission home page at http://www.ftc.gov.
10. California Privacy Rights
If you are a California resident, you also have the ability to ask us for a notice identifying the categories of personal information, as defined by California Civil Code Section 1798.83, we share with our affiliates and/or third parties for their direct marketing purposes and the contact information for such affiliates and/or third parties (under California Civil Code Sections 1798.83-1798.84). If you are a California resident and would like a copy of this notice, please submit a written request to firstname.lastname@example.org
12. Yeti Giveaway & Contests
• Eligibility: The Contest is open only to legal residents of the United States who are at least eighteen (18) years old. Employees of Airaid (“Sponsor”), as well as the immediate family (spouse, parents, siblings, and children) and household members of those employees, are not eligible to enter.
• How to Enter User must:
• Tag three of your friends who need to know about this giveaway! Winner Selection and Notification. The potential winner will be selected in a random drawing from among all eligible entries received. Drawing will be held on September 21st, 2020. Sponsor’s decisions as to the administration and operation of the Giveaway and the selection of the potential winner are final and binding in all matters related to the Giveaway.
Additional Details: Shares are appreciated, but not necessary. Contest runs 9/21/20 to 9/23/2020 Winners will be announced on 9/24/20.
Disclosures: ***This contest is only available to those living inside the United States*** ***This promotion is in no way sponsored, endorsed, or administered by, or associated with Instagram. As such, Instagram is released of any and all liability from each entrant and participant.***
• Message and data rates may apply to entries posted from a mobile device.
• By entering, you indicate your full agreement to these Official Rules and Sponsor’s decisions regarding the Giveaway, which are final and binding. Winning a prize is contingent upon fulfilling all requirements in these Official Rules.
• Potential Winner Requirements: Except where prohibited, a potential winner will be required to complete and return an affidavit of eligibility and a liability/publicity release. If a potential winner fails to sign and return these documents within three (3) business days, Sponsor may select an alternate potential winner in his/her place according to the Judging Criteria.
• Prizes: One (1) Yeti Tumbler. Not redeemable for cash, credit or gift card and no exchange, transfer or substitution permitted unless K&N, in its sole discretion, determines otherwise.
• General Conditions: In the event that the operation, security, or administration of the Contest is impaired in any way, Sponsor may, in its sole discretion, either: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes based on the Judging Criteria from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the operation of the Contest, violates these Official Rules, or acts in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages from any person who seeks to undermine the legitimate operation of the Contest. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. The Contest is subject to federal, state, and local laws and regulations and is void where prohibited.
• Release and Limitations of Liability: By entering, you agree to release and hold harmless Sponsor, Instagram, their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (g) injury or damage to persons or property. You further agree that in any cause of action, in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
• Disputes: You agree that any and all disputes, claims, and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Riverside County, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than California.
• Winner Information: Winners will be posted on Sponsor’s Instagram page after the Contest ends.
• Sponsor and Administrator: The Contest is sponsored by Airaid. The Contest is not sponsored, endorsed or administered by, or associated with, Instagram.
13. How to Contact Us
If you have any questions or wish to register a complaint in relation to this Privacy Notice or the manner in which your personal data is used by us, please contact us by any of the following means:
By Email: email@example.com
By Post: P.O. Box 1329 Riverside, CA 92502