Privacy Policy
1. Introduction
Thank you for visiting Nekst and, if applicable, choosing to download our App and use our software. Please read our Terms of Service and this Privacy Policy carefully as you must agree to both in order to be permitted to use our Service.
2. Definitions
Throughout this document, we may use certain words or phrases, and it is important that you understand the meaning of them. The following is a non-exhaustive list of definitions of words and phrases found in this document:
“App” refers to our mobile software application;
“Nekst” refers to our company, known as “Nekst LLC”; our Site; our Service; our App; or a combination of all or some of the preceding definitions, depending on the context of in which the word is used;
“Service” refers to the services that Nekst LLC provides, including our Site and App;
“Site” refers to our website, www.nekst.com;
“User” refers to anyone who downloads and/or uses our App (regardless of whether they are a paid or registered user) or any other portion of our Service and, without limiting the generality of the foregoing, includes general visitors to our Site;
“You” refers to you, the person who is governed by this Privacy Policy.
3. Information Collected
Identifying Information
We collect certain personal information from you when you sign up to our Service that can be used to identify you, such as your name, e-mail address, mailing address, telephone number, fax number, website, real estate purchase contract details, and any other information that we deem relevant for the purpose of providing you with our Service or which you provide to us voluntarily. The information we collect from you, to the extent that it is private, is disclosed only in accordance with our Terms of Service and/or this Privacy Policy.
Non-Identifying Information
Whenever you visit our Site, we may collect non-identifying information from you, such as your IP address, referring URL, browser, operating system, cookie information, and Internet Service Provider. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, this information alone cannot usually be used to identify you.
4. Use of Your Information
We may use your information to:Enhance or improve User experience, our Site, or our Service.Transfer with your consent (to other persons who are interested parties in your real estate purchase transaction).Send e-mails about our Site or respond to inquiries.Send e-mails and updates about Nekst, including newsletters and notifications about amended legal documents such as this Privacy Policy and our Terms of Service.Send third party offers.Perform any other function that we believe in good faith is necessary to protect the security or proper functioning of our Site or Service.
5. Accessing, Editing, and Removing Your Information
Users may in some cases be able to review and edit the personal information they have provided to us by logging into your account on the Site and editing their account. Although most changes may occur immediately, information may still be stored in a web browser’s cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
6. Cookies
We use cookies to remember your preferences and track advertisements. For these reasons, it is necessary that you enable cookies in your browser, and you hereby acknowledge that we have informed you of our use of cookies and that you consent to our use of cookies in relation to your computer system.Please be advised that we also use Google AdSense on our Site, which uses the DoubleClick cookie. For more information about the DoubleClick cookie, including details about how to disable it should you wish to do so, please visit http://www.google.ca/policies/technologies/ads/.
7. Third Party Websites
Nekst may post links to third party websites on its Site or make them available through its App. These third party websites are not screened for privacy or security issues by Nekst, and you release us from any liability for the conduct of these third party websites.
Please be aware that this Privacy Policy, and any other policies in place, in addition to any amendments, does not create rights enforceable by third parties or require disclosure of any personal information relating to members of the Service or Site. Nekst bears no responsibility for the information collected or used by any advertiser or third party website. Please review the privacy policy and terms of service for each site you visit through third party links.
8. Third Party Access to Your Information
Although you are entering into an Agreement with Nekst to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others.
Throughout the course of our provision of our Service to you, we may delegate our authority to collect, access, use, and disseminate your information. For example, our web host stores the information that you provide us, and we may hire outside contractors to perform maintenance or assist us in securing our website.It is therefore necessary that you grant the third parties we may use in the course of our business the same rights that you afford us under this Privacy Policy. For this reason, you hereby agree that for every authorization which you grant to us in this Privacy Policy, you also grant to any third party that we may hire, contract, or otherwise retain the services of for the purpose of operating, maintaining, repairing, or otherwise improving or preserving our website or its underlying files or systems. You agree not to hold us liable for the actions of any of these third parties, even if we would normally be held vicariously liable for their actions, and that you must take legal action against them directly should they commit any tort or other actionable wrong against you.
Without limiting the generality of the foregoing, you authorize us to collect, transfer, exchange, store, and otherwise use your information in conjunction with Stripe.com and Smart PHP Calendar.
9. Release of Your Information for Legal Purposes
At times it may become necessary or desirable, for legal purposes, to release your information in response to a request from a government agency or a private litigant. You agree that we may disclose your information to a third party where we believe, in good faith, that it is desirable to do so for the purposes of a civil action, criminal investigation, or other legal matter. In the event that we receive a subpoena affecting your privacy, we may elect to notify you to give you an opportunity to file a motion to quash the subpoena, or we may attempt to quash it ourselves, but we are not obligated to do either. We may also proactively report you, and release your information to, third parties where we believe that it is prudent to do so for legal reasons, such as our belief that you have engaged in fraudulent activities. You release us from any damages that may arise from or relate to the release of your information to a request from law enforcement agencies or private litigants.
10. Commercial and Non-Commercial Communications
By providing information to the Site that forms the basis of communication with you, such as contact information, you waive all rights to file complaints concerning unsolicited email from Nekst since, by providing such information, you agree to receive communication from us or anyone else covered under this Privacy Policy. However, you may unsubscribe from certain communications by notifying Nekst that you no longer wish to receive solicitations or information and we will endeavor to remove you from the database.
11. Security Measures
We take certain measures to enhance the security of our Site and Service, including using SSL certificates. However, we make no representations as to the security or privacy of your information. It is in our interest to keep our website secure, but we recommend that you use anti-virus software, firewalls, and other precautions to protect yourself from security threats.
12. Your California Online Privacy Rights
Nekst permits residents of California to use its services. Therefore, it is the intent of Nekst to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident, you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes. Various provisions throughout this Privacy Policy address requirements of the Californian privacy statutes. In summary, you must presume that we collect electronic information from all visitors. You may contact us at info@nekst.com with any questions.
13. International Transfer
Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Nekst transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
14. Amendments
We may amend this Privacy Policy from time to time. When we amend this Privacy Policy, we will post the changes here and e-mail you to inform you that amendments have been made. Your continued use of our Service shall constitute your acceptance of the amended version of this Privacy Policy.
Last Modified: March 23, 2023