2. The Kinds of Information We Collect and How We Collect That Information
a. Information You Provide
We may collect Personal Information from you when you complete forms, navigate web pages, and in connection with other activities, services, features, or resources we make available through the Services. Personal Information means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information does not include publicly available information from government records, deidentified or aggregate information, or information excluded from the scope of certain data privacy laws.
Categories of Personal Information that you may provide to us, and we may collect, include:
When you request an offer for your home or do a virtual interior assessment with us, please do not provide photos or record videos with people or any “sensitive information” in them, as that term is defined under certain privacy laws.
b. Information We Collect from Your Device(s)
We may collect the following information, which may or may not constitute Personal Information, automatically from the device that you use to access our Services:
Some of this automatically collected information is deidentified information and aggregate information that may not by itself reasonably identify you as the source when you navigate the Services (“Deidentified Information”). Deidentified Information may include: (i) device type, (ii) device operating system, (iii) internet browser type, (iv) internet service provider, (v) referring/exit pages, (vi) date/time stamp, and (vii) clickstream information. We will take reasonable measures to ensure that Deidentified Information we collect is not personally identifiable and may not later be easily used to identify you as required by applicable law.
Our Services do not respond to Do Not Track signals.
c. Information We Collect When You Call Us
We may monitor or record phone or video calls with you for quality purposes. Our customer service team members also enter certain Personal Information you provide into our customer service databases to ensure continuity and consistency throughout your experience with Nexus Homebuyers.
d. Information We Collect from Partners, Service Providers, and Affiliated Businesses
We may collect Personal Information and/or Deidentified Information about you from our business partners, service providers, and affiliated businesses in order to provide the Services, along with certain related products and services such as home financing, title insurance, escrow services, homebuilder partnership programs, real estate agent partnership programs, and, in cases where Nexus Homebuyers is not able to buy your home, other potential purchasers or brokers, or to listing agents who may be able to help with your home sale.
Personal Information and/or Deidentified Information we gather about you from our business partners, service providers, and affiliated businesses may include:
Our service providers may collect Personal Information and/or Deidentified Information on our behalf. For example, third parties that we engage may collect information about your online activities over time and across different websites when you use our Services.
e. Information We Collect from Public Sources
Much of the information necessary to help you buy or sell your home is available from public sources, such as government entities. We sometimes collect such information from these sources so that you do not have to spend time looking for and aggregating it for us. For example, we may collect the following information about you and your home from public sources:
We generally collect this Personal Information and/or Deidentified Information to provide and improve your experience with the Services and to verify the identity and location of people who access Nexus Homebuyers homes. This helps us keep you and our properties safe.
3. How We Use This Information
We may use your Personal Information for lawful business purposes: (i) as necessary for the performance of our contract with users, (ii) for our legitimate interests, so long as they are not overridden by users’ own rights and interests, or (iii) as required by law. These purposes include:
a. To Provide Our Services
We may use the Personal Information and/or Deidentified Information that we collect about you to deliver our Services, including to personalize features and content to you. We use the information to give you options for home buying and selling that may be relevant to your individual circumstances. As discussed in more detail below, you have choices about how and whether we process some of your Personal Information and/or Deidentified Information.
b. To Learn About the Home You May Want to Sell or Buy
If you are interested in selling, we may use Personal Information and/or Deidentified Information, along with other information you provide to us about the home, including photos and videos, to help us provide the Services to you and others. If you are interested in buying a home, we may consider Personal Information and/or Deidentified Information you provide us about the home you are interested in buying, including property profiles that you have indicated your interest in, to try to match you with homes you might want to purchase.
c. To Advertise Our Services
We may use Personal Information and/or Deidentified Information collected about you to provide you with relevant information about additional Services that Nexus Homebuyers, our affiliated companies, or our business partners offer, such as our trade-in program, home financing, and title insurance services. Specifically, we may use Personal Information and/or Deidentified Information about how you interact with our Services, combined with Personal Information and/or Deidentified Information you provide us and information we collect from other sources, to serve you relevant advertising.
You may have additional choices available to you with regard to some online behavioral advertising cookies. Please visit the Digital Advertising Alliance at https://optout.aboutads.info/?c=2&lang=EN or the Network Advertising Initiative at https://optout.networkadvertising.org/?c=1 for more information.
We may also allow third-party cookies on our website to assist in enhancing the website. For example, we allow Google to provide us with analytics on our website traffic. For more information about how to opt-out of Google Analytics, you can visit: https://tools.google.com/dlpage/gaoptout. For other privacy choices made available by Google, you can visit: https://policies.google.com/technologies/ads?hl=en-US.
d. To Communicate With Users
We may use your Personal Information to help us respond to your inquiries, questions, requests, and support needs more efficiently. We may also use your Personal Information to contact you via text or email, when you have requested such communications or otherwise opted-in to receiving such communications from us or our business partners.
e. To Do Market Research
We are constantly striving to improve our customer experience. We conduct research into all aspects of the home buying and selling process to try to identify ways to make it better. Sometimes we use partner companies to conduct surveys of willing participants who offer suggestions as to how we might improve our Services. We also aggregate and analyze consumer Personal Information and/or Deidentified Information that we collect through our Services and from conversations with our customer service representatives to identify trends, which inform how we change and grow.
f. To Support Information Security and Debugging
We may use Personal Information and/or Deidentified Information about you and your use of the Services to detect security incidents, protect against malicious, fraudulent, or illegal activity, and improve the security of our Services. We may also use Personal Information and/or Deidentified Information to debug our Services to identify and repair errors that impair existing intended functionality.
g. In Connection with a Dispute
We may use your Personal Information and/or Deidentified Information to respond to a legal request or claim, or prosecute or defend against claims in court and other dispute resolution forums.
h. For User Experience Personalization
We may use your Personal Information and/or Deidentified Information for your convenience and to improve our Services. For instance, we may use it to: (i) remember your Personal Information so that you do not have to re-enter it; (ii) provide you with customized content and information, including advertising; (iii) monitor the effectiveness of our Services; (iv) monitor aggregate metrics such as total number of visitors, traffic, and usage patterns; or (v) diagnose or fix technology problems. This will help us optimize your experience with the Services.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
In the past twelve (12) months, we have disclosed Personal Information to third parties for a business purpose as described below:
a. To Our Affiliates: We may disclose your Personal Information to affiliates, including companies within the Nexus Homebuyers group.
b. To Our Business Partners: We may disclose your Personal Information to our affiliated and unaffiliated business partners, including:
c. To Our Service Providers and Contractors: We may disclose your Personal Information to our service providers and contractors, including payment processors, technology and infrastructure providers, digital communications services, commercial data and market research analysts, consumer report providers, auditors and accountants, physical site security providers, IT security and bug-fix partners, customer service providers, and other service providers and contractors who perform services for us and on our behalf.
d. To Our Advertising and Marketing Partners: We may disclose Deidentified Information to third party advertising partners who help us serve advertisements across the web. This information does not identify you personally, but may be used by those marketing and advertising partners and other third parties to enable them to recognize you on other sites and services. Depending on where you reside, this disclosure may be considered a “sale” and you may have the right to opt out.
e. With Law Enforcement, Courts, or Government Agencies: We may disclose your Personal Information as necessary to respond to legal process or to regulatory authorities (such as pursuant to a subpoena, warrant, investigative demand from law enforcement, regulators, or others; national or international security letters; etc.); to investigate, prevent, or take action regarding suspected or actual illegal activities (including fraud or stalking), and security or technical issues; to respond to or participate in commercial disputes (e.g., lawsuits or investigations); or to protect against fraud, claims, or other liability or harm to you, us, or others.
f. As Disclosed or Consented To: We may disclose your Personal Information for any other purpose disclosed by us at the time you provide that Personal Information, or otherwise with your consent.
We may also sell your Personal Information to third parties for a business purpose, subject to your right to opt-out of such sales, as described below:
b. Types of Personal Information Sold: In the past twelve (12) months, we have sold the following categories of Personal Information to the third parties described above for a business purpose: (i) identifiers, such as name, email, phone number, and address; (ii) commercial information specifically related to your property and/or contemplated transaction; and (iii) financial information specifically related to your property and/or contemplated transaction.
7. How We Share Information
We may also need to share your Personal Information with service providers and other third parties to conduct our day-to-day operations and to deliver personalized advertisements to you on and off the Services, subject to your right to opt-out of such sharing. While this Personal Information is not sold, in that no money is exchanged with these parties, some of these disclosure may constitute “sharing” or even a “sale” of Personal Information under certain U.S. state privacy laws. These disclosures may include:
a. With Our Service Providers, Contractors, and Other Third Parties: We may share your Personal Information or Deidentified Information with our service providers, contractors, and other third parties so that they can provide marketing and advertising services to us, including to provide targeted or personalized advertising to you, or provider analytics services to us regarding the effectiveness of our advertisements and the traffic on and off our Services.
b. Types of Personal Information Shared: In the past twelve (12) months, we have shared the following categories of Personal Information to the third parties described above for a business purpose: (i) identifiers, such as name, email, phone number, and address; (ii) information about how you interact with the Services and other internet and electronic network activity information, such as your IP address, type of browser, device identifiers and/or operating system.
8. How We Protect Your Information
We use commercially reasonable physical, electronic, administrative, and procedural safeguards to preserve the integrity, confidentiality, and security of all personal information collected through the Services. However, no security measure, system, or control is infallible. Therefore, like all businesses, we cannot guarantee that our Services are invulnerable to attack or misuse.
b. Your Role
You have a major role in the security and privacy of your own information. For example, you should not provide us with Personal Information that we do not request. Additionally, you are responsible for controlling access to any personal computing device through which your information may be stored or accessed. You are also responsible for safeguarding any passwords or other log-in credentials that may be used to access your information, including in the Nexus Homebuyers environment. We recommend that you log out of any account when you are done using it.
c. Third Parties
Our Services may contain links to other websites or applications (“Linked Sites”) that are not owned by the Nexus Homebuyers. We do not control the collection or use of any information, including Personal Information, which occurs while you visit Linked Sites. Therefore, we make no representations or warranties for —and will not in any way be liable for—any content, products, services, software, or other materials available on Linked Sites, even if one or more pages of the Linked Site are framed within a page of our Services.
Furthermore, we make no representations or warranties about the privacy policies or practices of the Linked Sites, and Nexus Homebuyers is not responsible for the privacy practices of those Linked Sites. We encourage you to be aware of when you leave our Services and read the privacy policies of Linked Sites.
d. Incident Response
In the event that the security of any Personal Information under our control is compromised, we will take reasonable steps to investigate and mitigate the situation, including, when appropriate, notifying those individuals whose Personal Information may have been compromised and taking other steps in accordance with applicable laws and regulations.
9. Opting Out of Our Communications, Your Privacy Choices
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your Personal Information:
b. Promotional Communications: If you do not wish to receive promotional emails, text messages and/or other direct marketing communications from us, you may opt-out at any time by (i) following any instructions included in the communication; (ii) for text messages, replying “STOP” at any time; or (iii) for emails, clicking “unsubscribe” links; or (iv) for do-not-call list options, calling us at (865) 999-0025. With your consent, we may also send promotional and non-promotional push notifications or alerts to your browser. You can deactivate these messages at any time by changing the notification settings on your browser. Please be aware that although you may opt-out of promotional emails, text messages and/or other direct marketing communications, we reserve the right to email you administrative notices regarding our Services and other non-promotional messages, as permitted under the CAN-SPAM Act.
c. Opt-Out of Sale of Personal Information: We provide all users the right to opt-out of the sale of your Personal Information. If you exercise your right to opt-out of the sale of your Personal Information, we will refrain from selling your Personal Information, unless you subsequently provide express authorization for the sale of your Personal Information. To exercise your right to opt-out, you may submit a request to us by clicking the “Do Not Sell My Personal Information” link on our homepage or by visiting the following link:
Do Not Sell My Personal Information
You do not need to create an account with us to exercise your opt-out right. We will only use Personal Information provided in an opt-out request to review and comply with your request.
d. Other State Privacy Rights: Residents of certain states may have additional personal information rights and choices, including rights related to our advertising and analytics activities that may be considered “sales” or “sharing” of your Personal Information or “targeted advertising” under the law that applies to you. Depending on where you reside, you may have the right to opt out of targeted advertising, in addition to other applicable privacy rights. If you believe you have such additional rights and wish to exercise them, please send us an email with your request, including the specific rights you wish to exercise, to firstname.lastname@example.org. Please be aware that your rights are limited to the extent permitted by applicable law.
We will make commercially reasonable efforts to respond to opt-out requests and handle requests to access, update, change, delete, or otherwise control your Personal Information as quickly as possible.
We do not participate in bulk email solicitations that you have not consented to receiving (i.e., “Spam”). Except as otherwise provided herein, we do not share Personal Information with any third party advertisers.
11. California “Shine the Light”
California’s “Shine the Light” law permits users of the Services 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 contact us at the Contact Information provided below.
13. Updates and Questions
If you have questions about this Policy or wish to contact us with questions or comments, please contact us at: email@example.com or (865) 999-0025.
14. Supplemental California Consumer Privacy Act Rights Notice
If you are a California resident, the CCPA may grant you certain additional data privacy rights. Your rights may include the:
To exercise your rights, please use the Verifiable Consumer Request method described below. Please be aware that your rights (including those enumerated elsewhere in this Policy) are limited to the extent permitted by the CCPA.
Verifiable Consumer Requests
If you are a California resident, you can exercise your legal rights by submitting a Verifiable Consumer Request to us by:
Only you, or someone legally authorized to act on your behalf, may make a Verifiable Consumer Request related to your Personal Information. Making a Verifiable Consumer Request does not require you to create an account with us. California residents may only make a Verifiable Consumer Request for access to Personal Information twice in a 12-month period.
The Verifiable Consumer Request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a Verifiable Consumer Request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We will acknowledge receipt of a Verifiable Consumer Request within ten (10) days. We endeavor to respond to Verifiable Consumer Requests within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the Verifiable Consumer Request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to Verifiable Consumer Requests, unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.