Last Updated on September 6, 2019

NextHome, Inc. (“NextHome” or “us” or ”we”) is committed to protecting your information. This Privacy Notice (the “Privacy Notice”) applies to your use of NextHome’s website and applications, including nexthome.com and our customer relationship management platform (“Service” or “Services”) and describes how NextHome collects, uses, and shares your information when you use the Services. It does not apply to information collected by NextHome offline or to third party websites, applications, or services (including our affiliates). We process your information in accordance with the applicable laws and principles regarding personal data, including the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), when applicable.

Contact Information

NextHome is located at 4309 Hacienda Drive, Suite 110, Pleasanton CA 94588.  Should you have any comments or questions about how we collect and use your personal information, communication can be directed to NextHome’s postal address, via email to [email protected] or by telephone to (855) 925-6398.

Applicability & Eligibility

Applicability
Before accessing, using, or interacting with the Services you should carefully review the terms and conditions of this Privacy Notice. Your use of the Services is further governed by our Terms of Service, which is also incorporated into your agreement with NextHome by this reference.

Eligibility To Use The Services
The Services are not directed to children under the age of 18. You may not use the Services if you are under the age of 18. If you are under the age of 18, you should not provide any information on our Services.

Information Collection & Use

NextHome collects information about you and your use of the Services through various means, including when you provide information to us and when we automatically collect information about you when you access, use, or interact with the Services. Such processing is performed to provide you with the Services. By accepting our Privacy Notice and Terms of Service, you are confirming you have read and understood our policies, including how and why we use your information.

The types of information NextHome may collect about you include:

Information You Provide To Us:

We process information you provide to us on the legal basis of NextHome’s legitimate interests in performing the function or service you requested. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing.

Account Information: Certain Services users may register for an account (an “Account”). We do not require you to register to use our Services. However, if you do register an Account, you will gain access to those areas and features of the Services that require registration. NextHome will collect certain information about you in connection with your registration for an Account, which may include personal data and other information such as

• contact information and preferences;
• preference as to how we may contact you and how frequently;
• information you may have shared in conversations, emails, meetings;
• information about the type, frequency and volume of business you have done together;
• financials;
• location of data and demographics; or
• username and password.

Correspondence Information: If you subscribe to our mailing list or email us, we may keep your message, email address, and contact information to respond to your requests, provide the requested products or Services, and to provide notifications or other correspondences to you. We do not share or sell any personal information with other organizations for commercial purposes. If you do not want to receive communications from us in the future, please let us know by sending us an e-mail requesting the same to [email protected] or by following the unsubscribe instructions found in any e-mail we send.  If you supply us with your postal address on-line, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by contacting us at [email protected] or by calling our phone number provided above. Please note requests to remove your email address from our lists may take some time to fulfil. We may also still contact you as needed to provide important announcements or notifications regarding the Services.

Support Information: You may provide information to us via a support request submitted through the Services. We will use this information to assist you with your support request and may maintain this information to assist you or other users with support requests. Please do not submit any information to us via a support submission, including confidential or sensitive information that you do not wish for NextHome or our Service Providers to have access to or use in the future.

Form Information: We may use forms to request certain information from you on the Services, such as your contact information to assist with contacts or service requests. This information may include personal data.

Information We Collect Automatically:

We use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, domain name, patterns of use, communication data and the resources that you access and use on the Services, including your IP address, browsing, and navigation patterns. This information is used to improve our Services. We process information collected automatically on the legal basis of NextHome’s legitimate interests in assessing the use of its Services. Information we collect automatically through your use of the Services includes:

Cookies, Web Beacons, Links, And Other Tracking Technologies:  NextHome may keep track of how you use and interact with the Services through the use of cookies, web beacons, links, and other tracking technologies.  We do this to help analyze the use of and improve the Services. Through these technologies, we may automatically collect information about your use of the Services and other online activities, including our email correspondences, third-party services, and client applications, and certain online activities after you leave the Services. Link information is generally only analyzed on an aggregate basis. Some Services features may not function properly if you disable cookies. Such data may include analytics information, sites visited before visiting the Services, browser type, operating system, and tracking of your interactions with our content and emails.

We partner with third parties to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests.

Unique Identifiers: When you use or access the Services, we may access, collect, monitor, store on your device, and/or remotely store one or more “Unique Identifiers,” such as a universally unique identifier (“UUID”). A Unique Identifier may remain on your device persistently, to help you log in faster and enhance your navigation through the Services. Some features of the Services may not function properly if use or availability of Unique Identifiers is impaired or disabled.

Analytics Information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the Services on your phone. This software may record information such as how often you use the Services, what happens within the Services, aggregated usage, performance data, app errors and debugging information, and where the Services was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information that you submit within the mobile application.

Log File Information: When you use our Services, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information (including device and application IDs), search terms, and cookie information. We receive log file data when you interact with our Services, for example, when you visit our website, sign in to our Services, or interact with our email notifications. NextHome uses log file data to provide, understand, and improve our Services, and to customize the content we show you. NextHome may link this log file to other information NextHome collects about you via the Services.

Public Information: NextHome may also collect information about you from publicly available sources. Information you make publicly available in any public or open forum, such as on a social network, may be considered public information for the purposes of this Privacy Notice and may be accessed and collected by NextHome. Please be aware that any content or information you share with or provide to third parties using or related to your use of the Services are neither private nor confidential. NextHome is not responsible for any content or information you post or share with third parties. If you do not wish for certain information to be public, please do not share it publicly.

Information Use

NextHome uses the information we receive about you for the purposes described in this Privacy Notice. We process personal data received about you through our Services on the legal basis of NextHome’s legitimate interests in providing the Services and their functionality to you. Such processing is necessary for the purposes of the legitimate interests pursued by NextHome or by our Service Providers related to the Services. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing.

Information Sharing

When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this Privacy Notice. NextHome will not share, sell, rent, or otherwise disclose your private personal information to third parties without your consent, except in the limited circumstances described in this Privacy Notice, including to:

Aggregated Non-Personal Data: We may disclose aggregated, non-personal data received from providing the Services, including information that does not identify any individual, without restriction. NextHome may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.

Within NextHome: We may share and process information internally within NextHome and with our subsidiaries and affiliates. NextHome’s personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.

Service Providers: NextHome works with various organizations and individuals to help provide the Services to you (“Service Providers”), such as website and data hosting companies and companies providing analytics information, like Google Analytics. NextHome needs to engage such third-party Service Providers to help us operate, provide, and market the Services. These third parties have only limited access to your information and may use your information only to perform these tasks on our behalf. Information we share to our Service Providers may include both information you provide to us and information we collect about you, including personal data and information from data collection tools like cookies, web beacons, and log files.

NextHome takes reasonable steps to ensure that our Service Providers are obligated to reasonably protect your information on NextHome’s behalf. If NextHome becomes aware that a Service Provider is using or disclosing information improperly, we will take commercially reasonable steps to end or correct such improper use or disclosure.

We share personal information with our Service Providers on the legal basis of NextHome’s legitimate interests in providing you with the Services. Our engagement of Service Providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Services operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better.

Business Transactions: NextHome may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (a “Business Transaction”). Your information, including personal data, may be among assets sold or transferred as part of a Business Transaction.

Safety and Lawful Requests: We may be required to disclose Services user information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose user information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using NextHome name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

Disclosures of personal information for a business purpose (applicable to California Consumers only): In the preceding twelve (12) months, we have disclosed the following personal information for a business purpose:

• identifiers;
• Internet or other similar network activity; and
• geolocation data.

Sales of personal information: In the preceding twelve (12) months we have not sold any personal information.

Your Rights and Choices Regarding Your Information

Your Rights

NextHome seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed herein will apply to each individual data subject and may not apply to you depending upon your jurisdiction.

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, NextHome will provide you with information about whether we hold any of your personal information.   In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.

Your rights (applicable to EU residents): To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply:

• the right to access (GDPR, Article 15);
• the right to rectification (GDPR, Article16);
• the right to erasure (GDPR, Article 17);
• the right to restrict processing (GDPR, Articles 18);
• the right of object (GDPR, Article 21); and if applicable, the right to data portability (GDPR, Article 20).
• you may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77).

Your rights (applicable to California residents): If you a California resident the California Consumer Privacy Act (CCPA) that goes into effect January 1, 2020, may provide you with specific rights regarding your personal data. This subsection describes your CCPA rights and explains how to exercise those rights.

1) Access to specific information and data portability rights
You have the right to request that we disclose certain information to you about our collection and use of your personal data over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• the categories of personal data we collected about you
• the categories of sources for the personal data we collected about you
• our business or commercial purpose for collecting or selling that personal data
• the categories of third parties with whom we share that personal data.
• the specific pieces of personal data we collected about you (also called a data portability request).
• If we sold or disclosed your personal data for a business purpose, two separate lists disclosing:
• sales, identifying the personal data categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal data categories that each category of recipient obtained.

2) Deletion request rights
You have the right to request that we delete any of your personal data that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request your personal data from our records unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our Service Provider(s) to:

• complete the transaction for which we collected the personal data, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
• detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
• debug products to identify and repair errors that impair existing intended functionality
• exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
• comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
• engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement if you previously provided informed consent.
• enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
• comply with a legal obligation
• make other internal and lawful uses of that information that are compatible with the context in which you provided it

3) Personal data sales opt-out and opt-in rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal data at any time (the “right to opt-out”). We do not sell the personal data of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal data sales may opt-out of future sales at any time.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal data sales.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal data provided in an opt-out request to review and comply with the request.

4) Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• deny you goods or services.
• charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• provide you a different level or quality of goods or services.
• suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

5) Other California Privacy Rights
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

6) Contact Us:
To exercise any of your CCPA rights please send us an email at [email protected] or call us at (855) 925-6398.

If we process your information based on our legitimate interests as explained in this Privacy Notice, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

Where you have provided consent to certain data processing, you have the right to withdraw that consent at any time by contacting NextHome at [email protected]. Withdrawal of consent will not affect the validity of our use of your personal data up until the point you have withdrawn your consent.

Access To The Information NextHome Has Collected About You

NextHome provides certain tools and settings within the Services to help you access, correct, delete, or modify your personal information associated with the Services.  NextHome welcomes you to contact us regarding the information we have collected about you, including regarding the nature and accuracy of the data that has been collected about you, to request an update, modification, or deletion of your information, to opt-out of certain Services uses of your information, or to withdraw any consent you may have granted to NextHome.

Please note requests to delete or remove your information do not necessarily ensure complete or comprehensive removal of the content or information posted and removed information may persist in backup copies indefinitely. Please note that if you choose to delete your information or opt-out of the collection and use of your information, you understand that certain features, including but not limited to access to the Services, may no longer be available to you.

We may retain the information we receive about you for as long as necessary to fulfill our contractual and legal obligations, or indefinitely, but information generally will be retained only for as long as necessary to fulfill the purposes for which the information was collected, or as otherwise required by law. In addition, we may delete your personal data from our systems as part of a data retention plan.  Following termination or deactivation of an Account, NextHome may retain your information and content for a commercially reasonable time for backup, archival, and audit purposes.

Opting-Out Of Communications From NextHome

Users may opt-out of receiving certain communications from NextHome by following the unsubscribe process described in email communication, or by contacting us using the contact information provided above. However, please note you may not opt-out of Services-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices.

Do Not Track

NextHome does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Per industry standards, third parties may be able to collect information, including personal data, about your online activities over time and across different websites or online services when you use Services. You may opt out of online behavioral ads at http://www.aboutads.info/choices/. You also may limit certain tracking by disabling cookies in your web browser.

Information Security

Security of Your Information

NextHome takes reasonable efforts to secure and protect the privacy, accuracy, and reliability of your information and to protect it from loss, misuse, unauthorized access, disclosure, alteration and destruction. NextHome implements security measures as we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, NextHome cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be breached, intercepted, destroyed, accessed, or otherwise disclosed without authorization. Accordingly, any information you transfer to or from Services are provided at your own risk.

Please do your part to help us keep your information secure. You are responsible for maintaining the confidentiality of your password and Account and are fully responsible for all activities that occur under your password or Account. NextHome specifically reserves the right to terminate your access to the Services and any contract you have with NextHome related to the Services in the event it learns or suspects you have disclosed your Account or password information to an unauthorized third party.

Additional Provisions Regarding The Services & Your Information

Transfer and Storage of Your Information

Please be advised information NextHome collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. If you are located outside the United States and choose to allow us to collect information about you, please be aware that NextHome may transfer your personal data to the United States and process and store it there. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.

If you are located in the European Economic Area (“EEA”) or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction, as disclosed in this Privacy Notice. It may also be processed by staff operating outside the EEA who work for us or for one of Service Providers, also as disclosed.

Safely Using NextHome’s Services

Despite NextHome’s safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other users when using the Services. You can help NextHome by notifying us of any unwelcome contact by contacting us using the information below.

Changes to Our Privacy Notice

NextHome may modify this Privacy Notice from time to time. The most current version of this Privacy Notice will govern our use of your information and will be located at https://www.nexthome.com/privacy-policy/. You may contact us to obtain prior versions.