At Tempest, we strive to be ethical, simple, good to our people, and good to society. This Privacy Statement explains our intention to also be good to your personal data with clear explanations of what information we collect and how we use/process/share it.

 

Who we are and our core purposes

This Privacy Statement is about the practices of WeatherFlow-Tempest, Incorporated (DBA "Tempest"). We are the data controller, which means that we determine the purposes for, and ways in which, we collect and use personal information. We also use third party data processors, and share your information with other data controllers. More about this below.

Our core purpose for collecting and processing your personal information is to enable you to access the data produced by your WeatherFlow product(s), such as weather stations and meters. We measure our privacy practices against this purpose. If we find that we are collecting or processing more personal information than required to meet these purposes, we will stop doing so.

 

The personal information we collect about you

We collect information from you directly when you create an account through our Tempest applications, or when you contact us through our help and support system. We may also generate information about you when we’re delivering services, for example when we answer a question you ask through our support system or provide you with access to our apps (including Tempest Weather, FishWeather, iKitesurf, iWindsurf, SailFlow, WindAlert and Wind & Weather Meter). We only collect the minimum amount of personal information necessary to serve you as a customer.

We collect the following personal information about you:

  • When you sign up for our newsletter, we collect: your full name and email address so we can deliver the newsletter to the right person. You can unsubscribe from our newsletter at any time by clicking the “Unsubscribe” link at the bottom of any email you receive. 
  • When you register for an account or purchase a membership to any of our services, we collect: your full name, email address, payment information, your purchase history and product/device preferences, and any other information you voluntarily provide to us. 
  • When you access our website, we collect information such as: pages visited, time of visit, browser or device information, IP address, the URL that referred you, and your language and measurement unit preferences. 
  • When you request customer service or contact us, we collect: your full name, email address, the content of your messages/communications, and internal notes related to the questions you ask. 
  • Your Tempest device may send us information such as device labels, weather data, and precise geographic coordinates. 

We do not knowingly or intentionally collect personal information from children under the age of 13. If you think we have collected information about a child, please let us know as soon as possible so we can delete the information.

 

How we use your personal information

To meet our core purposes – enabling you to access the data produced by your Tempest product(s) – we need to use your personal information to:

  • Authenticate you (with your email address and password), so only you or those your authorize have access to your account
  • Manage and deliver any products or services you request from us
  • Personalize your experience, for example, by displaying weather data in your preferred units
  • Contact you for the purposes of managing your account
  • Notify you about issues related to your Tempest product(s)
  • Notify you about new products and services we offer
  • Keep your account secure
  • Investigate and resolve any queries or concerns you raise with us

 

Automated processing

To make sure we can get the job done well, we use software solutions to automate some services or processes that we provide to you. However, we do not use automated processing to profile you or make decisions about you that affect your legal rights or have a similarly significant effect.  

 

Our lawful grounds for collecting and processing your information

  • With your consent. We need to collect and process some personal information about you to provide the best experience we can for accessing the data collected by your Tempest product. If you consent, we also make some of your personal information public through our applications and API, so that others can benefit from your Tempest product’s data as well. 
  • To perform our contractual obligations to you. This includes but is not limited to providing you access to the services; processing customer service requests; sending you order confirmations and updates; processing payment for your orders; performing our contractual obligations to you under our Terms of Use; and providing you with access to your data. 
  • For legitimate business interests which outweigh the general privacy rights of individual data subjects. This includes but is not limited to analyzing and improving our services and business operations; ensuring the security and availability of the services; and monitoring use of the services to prevent fraud or abuse. 
  • To comply with a legal obligation or requirement. We use and process your personal information when we believe doing so is necessary to comply with laws and regulations, pursuant to a judicial authorization, or to exercise or defend our legal rights or those of a third party.

 

Who we share your personal information with

We do not share your personal information with third parties unless we have your permission or a legitimate need to do so. This means, we limit sharing your personal information to the following circumstances:

  • With your consent. If we get your permission to share your personal information, we will tell you the specific purpose for which we are obtaining your consent, and we will not share your personal information beyond that purpose.
  • With third party service providers and agents. We need to share your personal information with some of our service providers who process it on our behalf to provide or improve our business functions. We ensure these service providers agree to privacy restrictions similar to the ones in our Privacy Statement. For example, we use Shopify Payments to process payments for us, and we may share payment method information (such as credit or debit card number or bank account information), purchase amount, date of purchase, name, email, billing or shipping address, and in some cases your transaction history to authenticate you. We use Google Analytics to monitor and report on the use of our website, and we use Google Firebase to manage the sign-in process of our apps and website. We encourage you to review our service providers’ privacy practices here:
  • For legal disclosure. We may share your information with third parties when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order or other applicable law, regulation or legal process.
  • To protect us or others. We may share your information if we believe it is necessary to protect the rights, property, or safety of us, our products or services, our customers, or others.
  • As aggregate information. We may share certain aggregated, non-personally identifying information internally or with others for purposes of research, reporting, and benchmarking.
  • As a result of merger or sale of our business. We may share your personal information if we are involved in a merger, sale, financing, liquidation, bankruptcy or acquisition of corporate entities or business units.

We do not sell your personal information for any reason. Period.

 

Where we store your personal information and how we keep it safe:

Storage and location

We use Amazon Web Services (AWS) to store our data and provide us with services. All AWS services used are currently located in the “US East” availability zone, but we may use other availability zones in the future if it helps achieve our core purpose: enabling you to access the data produced by your WeatherFlow product(s). 

If you access or use our services from the European Union or other regions of the world with data protection laws that differ from United States law, then you acknowledge and consent to the transfer of your personal to the United States so we can provide the services and perform our obligations to you under our Terms of Use, and for any other purpose for which you provide explicit, informed consent.

We may transfer personal information we have collected about you to a third-party data processor located in countries outside of the European Union, in accordance with and as permitted by applicable laws and regulations. When providing information about you to entities outside the EU, we will take appropriate measures to ensure that those entities protect your personal information in accordance with this Privacy Statement.

 

Security

Wherever your personal information is stored, we take reasonable steps to ensure that it is protected against unauthorized access, modification, use, or disclosure. Your email address, for example, is stored in a secure manner that requires authentication to access.

 

Exercising your privacy rights

You have some important privacy rights and we’re committed to making sure you can exercise them easily. This is part of our focus on being ethical, simple, and good to your data. 

If you access the services while physically located in the European Economic Area, you may have certain rights under applicable data protection laws, including the EU General Data Protection Regulation (GDPR), which include the rights to:

  • Get a copy of your personal information. 

You have the right to request a copy of your personal information.

  • Correct or delete your personal information. 

If you think any of the personal information we hold about you is wrong, you can ask us to correct it. You can also ask us to delete it. If we can’t correct or delete your information (for example, where we don’t agree that it’s wrong, or we need the information for a lawful purpose), we’ll tell you why. You can ask us to attach your correction request to the information as a statement of correction.

  • Manage how we use your personal information. 

If we are processing your personal information on the basis of consent, you can revoke your consent at any time. If we are processing your personal information on the basis of our legitimate interests (such as improving our products and services), including automated processing, you can object to this. If you believe we are using your personal information in ways that are unlawful, or if we are continuing to use information that you think is inaccurate, you can ask us to restrict this processing.

  • Request transfer of your personal information to a third party.

You can ask us to make your data portable so that you can transfer it to a third party. 

You may request to exercise any of the rights above by contacting us by:

We may ask you to provide information to verify your identity and right to access the information in your request. 

 

Public Sharing Settings

You have the option to share some of the weather data with the public. Specifically, each Tempest product has a “share publicly” setting. When this setting is activated, your Tempest product’s name and location are visible to the public via our website and via our API. You may deactivate this setting at any time, making your Tempest product completely private. That is, when this setting is disabled, your Tempest product is completely invisible to anyone who is not authenticated against your account.

 

Cookies

Cookies are small text files that are stored in a web browser’s memory. Cookies help us remember your preferences and that you have already logged in, and they help us analyze how you use our website and services so we can improve your experience and offer an effective and safe website. We update our cookies periodically, but we generally use cookies for the following purposes:

  • To operate the services: we use cookies for functions such as authentication, fraud prevention and detection, and site features and preferences. 
  • To analyze and improve the services: we use cookies to understand how you use the website and services, such as which pages you visit or which URLs referred you. 

 

How You Can Manage Cookies

Your web browser may allow you to control the cookies we and other websites set on your computer. Please consult the help section of your web browser for more information on how to delete cookies. However, note that if you choose to delete or disable cookies, we may be unable to provide the services to you, or they may not function optimally. 

 

Do Not Track

As part of our commitment to transparency and protecting your privacy, we recognize and respond to browser-initiated Do Not Track (“DNT”) signals.

 

Third Party Links

We may provide content to you that links to third-party websites. For example, we post links to our social media profiles so you can find us easily on other platforms. We do not control, and are not responsible for, third parties’ privacy practices and content. When you click on a link to a third-party site, the third party may collect your personal information, which will be governed by the third party’s privacy policy. Please read the third party’s privacy policy to learn about how they collect and process your personal information.

 

Complaints and Disputes

If you have any concerns about the way we have collected or processed your personal information, we want to hear from you. You might simply want to understand why we have used or shared your information in a certain way. We want you to tell us about your concerns so we can resolve them for you and also learn from them. If we cannot resolve your concerns, you may also have a right to make a complaint to your local data protection authority (DPA). A list of DPAs is available here.

 

Contact Information

WeatherFlow-Tempest, Inc.

108 Whispering Pines Dr. , Suite 245 

Scotts Valley, CA 95066