Nester Privacy Policy

Nester will NOT sell any information about you to third parties that, by itself or in combination with other information, is reasonably capable of being linked to a specific individual or household (“Personal Information”).

Nester, Inc. (“Nester” or “us” or “we” or “our”) owns and operates the nester.app website (the “Site”), through which Nester provides and makes available a web-based platform. Nester also may provide services through a mobile application (individually, the “App,” and collectively with the Site, the “Services”). This privacy policy (“Policy”) contains details about how Nester collects and handles your information when you use the Services or when you otherwise interact with Nester.

This Policy only applies to information we collect from you through the Services identified above. Other web sites, mobile applications, and online services, including any third-party services you use to interact with Nester, may have their own privacy policies and you should consult those policies accordingly.

The Services are intended for users 18 years of age or older. If you are not 18 years of age or older, you are not permitted to access or use the Services.

This Policy is effective as of: November 1, 2021.

Policy Changes

Nester reserves the right to change this Policy at any time. Since this Policy may change as we modify or expand our Services, we suggest you check back from time to time in order to understand how we handle your information. Our Policy’s effective date will always be set forth at the beginning and end of the Policy. Any changes will be immediately incorporated into this Policy, and will be prospective only. We will not make any changes that have retroactive effect unless legally required to do so.

Any change to this Policy is effective immediately. Your continued use of the Services after any changes are made to this Policy constitutes your acceptance of the changes. If any changes are unacceptable to you, you should cease all use of the Services.

If any changes to this Policy materially affect how Nester treats or handles Personal Information that you have already provided to Nester or that has otherwise been collected by Nester, we will endeavor to provide you with notice in advance of such change(s) by highlighting the change on our Site. We will seek your prior consent to any material changes, if and where this is required by applicable data protection laws. If you do not opt-in, your information will continue to be used in a manner that is consistent with the version of this Policy under which it was collected, or the information will be deleted.

Collection and Use of Information

Personal Information can include, but is not limited to, name, address, telephone number, email address, username and password, age/birthdate, credit/debit card number or other payment information, photograph, office address and other business information, biometric data (e.g., fingerprints), state and/or federal identification numbers (e.g., driver’s license number; social security number; passport number), or any other type of data that, directly or indirectly, is reasonably capable of being associated with someone. 

Depending on how you interact with Nester, there are areas of the Services where you may be asked to provide Nester with Personal Information or other data, or such data may be collected from you in an automated manner. For example, Personal Information such as your name, your current address or the address where you are interested in buying, selling or maintaining a home or property, your email address, username and password or other account access information, internet protocol (IP) address and other persistent online identifiers, and any other Personal Information or other data you voluntarily provide through the Services may be collected from you when you:

• set up a Nester profile or account;
• provide information on or through the Services related to the home or property you are interested in buying, selling or maintaining, to the extent such information contains data that is reasonably capable of being associated with you;
• upload, post, publish, share, or otherwise make content available through the Services that includes your Personal Information or other data;
• contact Nester with questions, comments, or other messages;
• sign up to receive communications about Nester’s Services;
• complete and submit a satisfaction survey; or
• otherwise provide any information to us voluntarily through the Services.

Nester also may ask you for certain demographic information that may qualify as Personal Information when you set up a Nester profile or account, or when you respond to surveys or questionnaires. Nester collects this demographic information to better understand our audience and to provide and improve our Services. Such collected demographic information could include your age, gender, education level, the size of your family or household, total household income, and whether you are a first-time homebuyer.

If you use Nester’s Services and create a profile or account as a real estate agent or other third-party service provider acting on behalf of another party, you may provide your Personal Information such as your name, business address or other physical address, email address, phone number, and a password or other account access information. You also may provide the address(es) and other non-identifiable characteristics concerning your client’s homes or properties, such as the age of the home or the type of roof, but you will not be asked or able to provide the name of the home’s owner or buyer (actual or potential), or any other personal information belonging to other individuals.

As referenced above, other information about the home or property you may be interested in buying, selling, or maintaining could be collected, too, including without limitation, amounts of mortgage payments, costs of certain repairs, and the dimensions and other specifics regarding the applicable home or property. Such property information also could be collected from third-party sources involved in transactions or maintenance services related to your home or property. Generally, it should not be possible for this property information to be used to identify anyone, but to the extent such property information may be considered Personal Information under applicable law, Nester will treat it as Personal Information.

Nester generally will not ask you to provide any sensitive data, such as your religious beliefs, citizenship status, sexual orientation, or your race or ethnicity, but you may be able to voluntarily provide such sensitive data in your responses to a Nester survey or in other content that you upload or post on or through the Services. To the extent you include any sensitive data in content you voluntarily make available through the Services, you hereby acknowledge and agree that such data may be processed by Nester as necessary to provide the Services in accordance with your instructions.

Depending on the nature of the activity, such as if you publicly upload or post content about a home or other property through the Services, and such content includes your name, likeness or other Personal Information, other users of the Services may be able to view such Personal Information.

The Personal Information and other data collected from you is neither shared with nor sold to any person or entity outside of Nester except as stated in the “Sharing Information” section, below, but Nester may use your Personal Information and other data to:

• administer your Nester profile or account;
• deliver content on or through the Services;
• process payments for the Services including, without limitation, in connection with your listing of any homes or other properties that are available for sale;
• maintain proper business records and other relevant records;
• respond to your questions, comments or other messages;
• send you communications about your profile or account and other Nester Services in which you may be interested;
• contact you about issues with content you may have uploaded or posted through the Services;
• provide ongoing technical support related to the Services;
• communicate with you regarding additional uses of your Personal Information beyond the scope of this list or the Policy;
• improve the content and general administration of the Services;
• perform internal operations related to the Services (e.g., spam and fraud prevention);
• troubleshoot software issues and operational problems with the Services;
• conduct data analysis and testing; and/or
• monitor the usage of the Services.

Cookies and Other Tracking Technologies

There are areas of the Services where Nester or its service providers may automatically collect certain data as you use the Services and navigate elsewhere online, such as your IP address and other data about your internet connection, your operating system, browser type, and other services or equipment you use to access the Site or App, and usage data about your interaction with Nester’s Services. This automatically collected data generally does not identify any specific individual, but to the extent such data is reasonably capable of identifying you or another person, we will treat such data as Personal Information. 

You may be able to disable cookies by consulting your browser and/or computer settings. Please note that any disabling of cookies could affect how the Services appear and/or operate for you.

We may also use third-party analytics service providers such as Google Analytics and Amazon Web Services (“AWS”) which could automatically collect certain Personal Information and other data about you through the Services including, but not limited to, your IP address and/or other online identifiers. Third-party cookies or other tracking technology may be used through this process to track data such as the times you most frequently use the Services, what devices you use to access the Services, what parts of the Services you visit and the links you use to get there. These data and analytics service providers may use such information to track how you use the Services, measure the performance of the Services, improve features on the Services, and provide Nester with tools that satisfy overall operating needs for the Services. Nester may then use feedback from these service providers to improve the Services and our interactions with you. Third-party analytics service providers such as Google or AWS may share this information with other third parties, if required to do so by law or if those third parties process the information on behalf of Nester’s analytics service provider. An overview of Google’s data privacy practices for Google Analytics may be available at https://support.google.com/analytics/answer/6004245. To opt-out of being tracked by Google Analytics, you may be able to download and install the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout. Google’s analytics services also may cause you to receive personalized ads based on your browsing behavior. You may be able to opt-out of receiving these personalized ads by using the settings at https://adssettings.google.com/. For more information about how AWS may handle Personal Information or other data it collects from you, please review the AWS privacy notice at https://aws.amazon.com/privacy/.

All of the above-referenced IP addresses and other data will be collected in an automated manner and we may maintain it or associate it with certain other data, which may include Personal Information you provide voluntarily through the Services. This helps us improve our Services, deliver better and more personalized Services, estimate our audience size and usage patterns, and store information about your preferences.

By providing to Nester the Personal Information and other data referenced above, you agree that Nester may use such Personal Information and other data in accordance with the terms of this Policy.

Sharing Information

Nester will not sell your Personal Information, but we may share or permit third-party access to Personal Information collected through the Services as necessary to fulfill the purposes for which the Personal Information was collected, as otherwise set forth in this Policy, or with the express consent of the user.

Nester may share with service providers or permit the direct third-party collection of certain portions of Personal Information by vendors that help provide certain Services on behalf of Nester in order to make the Services function properly.

For example, Nester may allow payment processors such as Stripe to collect certain kinds of Personal Information, including without limitation, your credit card, debit card or other payment information, and/or any other data you provide in connection with payments you submit in relation to the Services. For more information about how Stripe may handle Personal Information it collects from you when you use its payment processing services, please see Stripe’s privacy policy at stripe.com/privacy.

Nester may make your email address available to email marketing providers, including but not limited to SendGrid, an email delivery service provided by Twilio, which Nester uses to communicate with you more effectively about Nester Services and products in which you may be interested. If you would like to learn more about how Twilio may handle Personal Information and other data it collects from you through this process, please read Twilio’s privacy statement at twilio.com/legal/privacy.

Information provided through the Services about the home or property you are interested in buying, selling or maintaining that generally is not capable of being associated with any individual is not considered Personal Information, and Nester may allow other users of the Services to access and review such information. This may include details about the characteristics of the home or property, such as the age of the home or property, the type of roof, number of rooms, etc.

Nester will disclose your Personal Information or other data if it reasonably believes it is required to do so by law or in cooperation with a government or law enforcement investigation.  Nester also may share Personal Information or other data in order to avoid imminent physical harm to any person or damage to property.

Personal Information received or held by Nester may be transferred to any entity that succeeds to the assets or business of Nester by any merger, consolidation, combination, reorganization, sale of assets, or in connection with any transfer as part of any insolvency or bankruptcy proceeding. Under such circumstances, Nester will make reasonable efforts to cause any successor to agree to abide by the terms of this Policy.

We also may disclose your Personal Information to other service providers to carry out our obligations and enforce our rights arising from any contracts related to your use of the Services, including for billing and collections, or as otherwise described to you at or before the point when we collect your Personal Information.

Other than what is referenced above, the Personal Information and other data collected from you is neither shared with nor sold to any person or entity outside of Nester.

Your Rights and Choices

Depending on where you reside, you may be able to exercise certain rights with respect to Personal Information you provided to Nester, or that Nester may have collected about you, such as rights to:

• Confirm whether Nester has collected and is processing your Personal Information and, if so, you may have a right to access such data;
• Correct any inaccuracies about your Personal Information, depending on what kind of Personal Information it is and the purposes for which Nester is processing that data;
• Delete Personal Information you provided to Nester or that we have otherwise collected about you;
• Obtain a copy of Personal Information Nester maintains about you in a portable and readily usable format, if technically feasible, that would allow you to transfer such Personal Information to another service or provider, where the applicable processing is carried out by automated means; and
• Opt-out of any processing of your Personal Information for the purposes of, as applicable, (1) targeted advertising based on your browsing behavior before and after you visit or use the Services, (2) any sale of your Personal Information, or (3) any profiling of you based on collected Personal Information in a way that would produce legal ramifications or similarly significant real-world effects on you.

If you would like to request the ability to access, review, edit, or delete any Personal Information that Nester may have collected about you, opt-out of receiving further information from Nester, limit what we share, or if you otherwise wish to exercise available privacy rights or ask Nester to cease using your Personal Information in the manners specified in this Policy (subject to any applicable legal exceptions), please contact us at privacy@nester.app.

Nester may refuse any request made regarding collected Personal Information if it is unable to verify the identity of the person making the request or if it cannot authenticate the legitimacy of the request using commercially reasonable efforts. Under such circumstances, Nester may follow up with you for additional information as reasonably necessary to authenticate your request. Subject to applicable legal requirements, if Nester refuses to act on a request you make based on the rights listed at the beginning of this section, you may have a right to submit an appeal by contacting us using the same method as when you made the initial request. In the event Nester must deny your appeal, we will provide a way for you to forward your complaint to the appropriate legal authorities.

Any removal of content by Nester does not ensure or guarantee complete or comprehensive removal of the content in all places. The content may have been shared or reposted by other parties, or federal or state law may require maintenance of the content or information. Nester will do its best to accommodate your request, but we cannot guarantee we can remove all Personal Information from the specified uses. Therefore, please be as specific as possible in your request. If the request relates to information that Nester needs to make the Services function properly for you, you may not be able to use the Services properly moving forward.

Nester reserves the right to maintain proper business records as required by law, or for otherwise legitimate business purposes to the extent permitted by law, even if such records contain your Personal Information.

If you would like to opt-out of receiving promotional emails from Nester, please follow the opt-out instructions at the bottom of the email or send us a detailed email at customerservice@nester.app.

Some browsers have a ”do not track” feature that lets you tell web sites that you do not want to have your online activities tracked. As referenced above, Nester does not sell any Personal Information collected through the Services, which are not currently configured to respond to “do not track” or similar automated privacy controls. To learn more about ways to possibly opt-out of certain kinds of tracking that occur when you browse the internet generally and may lead to targeted advertising, visit the Network Advertising Initiative website and the Digital Advertising Alliance website. The industry opt-out tools described above only function for users of the Site.  If you use the App and would like to opt-out of receiving targeted ads while using the App, then you must download and make choices through the DAA’s free mobile application AppChoices for each device you use (more info available at youradchoices.com/appchoices).  You may also consult the settings on your mobile device for further options regarding cross-app advertising.

Options you select are browser- and device-specific, and there is no guarantee that these industry-provided opt-out tools will prevent all targeted advertising. As noted previously in this Policy, it is possible that certain third parties may collect or receive information through the Services. Since some of these third parties may respond differently than Nester to “do not track” requests, you should consult the applicable privacy policies of those third parties for that information.

Data Security and Retention

Nester implements, uses, and maintains industry standard administrative, technical, and physical data security measures that are reasonably designed to help secure your non-public Personal Information from loss, unauthorized access or disclosure, both in storage and in transmission. Nester uses Secure Sockets Layer (SSL) or similar encryption and security protocols, as well as certain complex password requirements, to help prevent unauthorized access to your Nester account or use of your Personal Information.

While Nester takes the issue of protecting your Personal Information seriously, you should exercise discretion in what information you disclose and/or transmit through the Services. Nester cannot guarantee that information transmitted online is fully secure. The transmitted information may be intercepted by others before it reaches Nester. If you are concerned about sending information to Nester online, please send the information by mail or call us to make other arrangements. Nester is not responsible for the security of information transmitted online.

Nester retains collected information for a reasonable amount of time in order to fulfill the stated purpose for why the information was collected. Nester also will retain collected information connected to business records for periods of time required by law. If Nester determines that collected information is no longer needed, it will delete such information. Our collection times will be consistent with applicable law.  Nester will retain information about the characteristics of the home or property you are interested in buying, selling or maintaining that generally is not capable of being associated with any individual to the extent permitted by applicable law.

Children’s Information

The Services are not directed at, marketed to, nor intended for, individuals under 18 years of age. No one under the age of 18 is permitted to provide any information on or through the Services. If you are under 18 years of age, DO NOT: use or provide any information on or through the Services; use any of the Services’ features; use any interactive or public commenting feature on the Services; and/or provide any information about yourself to Nester. Nester does not and will not knowingly collect any information, including Personal Information, from any person under 18 years of age and Nester will take prompt steps to delete any such information if it is inadvertently received. If Nester learns that we have received Personal Information from any person under 18 years of age, Nester will delete that information. If you believe a minor may have uploaded or posted information through the Services without authorization, and such information is publicly available, or if you believe Nester might otherwise have information from or about any person under 18 years of age, please contact us immediately at privacy@nester.app.

The Nester Mobile App

Standard data and other fees may be charged by your mobile phone carrier when using the App, so please be aware of such fees.

Non-U.S. Concerns

The Services are meant for individuals within the United States. Nester only knowingly collects information from individuals within the United States. If you provide information to Nester from outside of the United States, you do so at your own risk. If you are outside of the United States, you are responsible for complying with any local laws regarding your use of the Services, and any related data collection. You also agree and acknowledge that by providing any data through the Services, including Personal Information, that such information will be transmitted to, and stored in, the United States.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you consent to any transfer and processing in accordance with this Policy.

External Links

The Services may contain links to external web sites or other online services, including those embedded in third-party advertisements or sponsor information, which are not controlled by Nester. We are not responsible for the privacy practices and data collection policies for such third-party services. You should consult the privacy policies of those third-party services for details.

Nester may also allow interaction between our Services and other third-party online services, including social media providers. This interaction may include plugins that allow you to share information with persons outside of the Services. Please consult the privacy policies of such third-party providers before using them to make sure you are comfortable with the level of sharing.

Contact Information

If you have any questions regarding this Policy, please contact Nester at:

EMAIL: privacy@nester.app

MAIL: Nester, Inc. 501 N. Shipley Street, Unit 3B Wilmington, DE 19801

Nester intends to strictly enforce this Policy. If you believe there has been some violation of this Policy, please contact us.

This Policy was last updated on November 1, 2021.