Last Updated: August 27, 2018
In this Policy, “personal information” means any information by which you can be identified or contacted, such as your name (first and last), mailing, billing or other physical address, email address, telephone number, billing information, etc., as well as any information associated with the foregoing.
Please read this Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with the terms of this Policy or our standard Terms and Conditions posted on the Website, which are expressly incorporated herein by reference and made a part of this Policy, your choice is not to use the Website or Services. By accessing or using the Website or Services, you agree to this Policy and the Standard Terms and Conditions. This Policy may change from time to time. Your continued use of the Website and Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
U.S. GOVERNING LAW
The Website is designed for and targets U.S. audiences, and is governed by and operated in accordance with the laws of The United States. We make no representation that the Website and Services are operated in accordance with the laws or regulations of, or governed by, other nations, and we do not warrant or imply that the Website and Services are appropriate for use outside of the United States. By using the Website or Services, you certify that you meet the age and other eligibility requirements set forth in our standard Terms and Conditions. If you do not meet such age and other eligibility requirements, please discontinue using the Website and Services immediately, as your continued use indicates that you are agreeing to the collection, use, disclosure, management and storage of your information as described in this Policy.
If you are located outside of the United States, you use the Website and Services at your own risk and initiative, and you are solely responsible for compliance with any applicable local, national and international laws. By using the Website, Services and/or providing us with any information, you: (a) consent to the transfer and processing of any information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location, and (c) understand that we will collect, transfer, store, process, manage and/or handle your information in accordance with this Policy and U.S. law. Consequently, to the fullest extent permitted by law, you hereby waive any claims relating to the processing of your information in accordance with this Policy that may arise under the laws and regulations of any other country or jurisdiction.
WHAT WE DO WITH YOUR PERSONAL INFORMATION
We may, and you authorize us to, use and disclose any information: (1) we deem necessary, in our sole discretion, to comply with any applicable law, regulation, governmental request or legal process served on us or our affiliates; (2) to investigate, prevent, or take action regarding suspected or actual illegal activities; (3) to enforce our standard Terms and Conditions, take precautions against liability, investigate and defend ourselves against any third party claims or allegations, assist government enforcement agencies, or protect the security or integrity of the Website and Services; (4) to exercise or protect the rights, property, or personal safety of The Nest, our users, or others; (5) to other companies and organizations for credit fraud protection and risk reduction; and (6) to enforce any agreement we have with you.
The primary reason we collect personal information from and about customers and potential customers through the Website is to allow for the customers to pay for information and services through our website. We may also use your contact information to send you email or other communications regarding, among other things, questions related to your accounts, reminders about upcoming events, or to respond to your questions. We may also use this information to let you know about new or special product offerings, Website functions, features and services or to notify you about updates to this Policy as described below.
We fully cooperate with law enforcement agencies in identifying those who use the Website or Services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal information for security purposes to any person or entity under any circumstances, including, without limitation, in connection with any government investigation or litigation, shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.
HOW WE PROTECT YOUR INFORMATION
The Nest uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards. The security of your personal information is important to us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot ensure or warrant the absolute security of any information you transmit to The Nest or the Website or in connection with the Services, and you do so at your own risk. Once we receive your transmission of information, The Nest makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. We ask that you not share your password with anyone.
COMPROMISE OF PERSONAL INFORMATION
In the event that personal information is compromised as a result of a breach of security, The Nest will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.
YOUR CHOICES AND OPTING OUT
By providing The Nest your email address, you consent to our use of your email address to send you Website and Service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including, but not limited to, newsletters, account status, legal updates, changes to features of the Website or Services, product updates, special offers, promotions, or other account information.
If you do not want to receive such email messages, you may opt out by sending a written request to the postal or email address set out below. Opting out may prevent you from receiving email messages regarding updates, improvements, promotions, or offers. You may not opt out of service related emails, including information provided to or from The Nest regarding a product purchase, registration, product service experience, or other transaction.
NOTE: Please allow up to thirty (30) days for us to process your opt out request. We may continue to send you transactional or operational communications.
REMOVING OR UPDATING YOUR INFORMATION
You may update and/or remove your user information from the Website by accessing your account. You can also contact The Nest by using the information provided at the end of this Policy. If you remove or delete your information, you may no longer be able to use certain services available through the Website, and such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract, auditing requirements, or as otherwise described in this Policy. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
CHANGES TO THIS POLICY
We may amend this Policy at any time. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you, and for periodically visiting the Website and this Policy to check for any changes.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of the Website that are California residents to request and obtain from us a list of what personal information (if any) we shared with third parties or corporate affiliates for those entities’ direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Tom Mills, c/o Forum Law Partners, 222 N. Sepulveda Blvd, #2222, El Segundo, CA 90245. For all requests, you must put the statement “California Privacy Rights Notice” in the body of your request, as well as your name, street address, city, state, and zip code. You also need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
If you have any questions about this Policy, the practices of the Website, your dealings with the Website, or wish to update us with your preferences, you may contact us using one of the following methods:
· Call: 310-974-8800
· Email: email@example.com
· Send mail to: Tom Mills, c/o Forum Law Partners, 222 N. Sepulveda Blvd, #2222, El Segundo, CA 90245