Probably because you gave it permission at some point.  Check the applications log in Sygate and see if it is listed.  It will be listed as C:\Program Files\ESET\nod32krn.exe

 

Alright, Ya I was thinking every hour I should be getting a Sygate pop up asking to grant access.  I only need to grant access to NOD32  once then every hour it will automatically check without a Sygate pop up asking.