NESTECH LTD. a private limited company having its registered office address at [NESTECH LTD, Office One, 1 Coldbath Square, Farringdon, London, EC1R 5HL] (“NEST®” or “we“) is designed to allow secured ownership of data by personal and blockchain enhanced encryption to Users (as defined hereinafter) by way of its website located at https://nes.tech (the “Website“) and the mobile application (“Application“) (jointly the “Platforms“). On its Platforms, NEST® implements unique protocols and personal security to achieve genuine end-to-end encryption to provider the Users with private messaging, device-to-device communications and internet calling, blockchain based distributed ledged technologies, as well as other encryption, hosting and exchange services (collectively, the “Services“). The secure framework within which these Services are provided include the control of exchanged content, registrations as well as personal data by distinct, single individuals and/or entities browsing, accessing or using the Platforms for any reason, who may hereinafter be referred to as “you“, “your“, “yourself“, “yourselves” or “Users“. You and NEST® may be referred to individually as a “Party” and jointly as the “Parties“.

By installing and using the Platforms/Services, through any device, you agree to our Privacy Policy (“Privacy Policy”). This Privacy Policy constitutes a binding agreement between you and NEST® and its affiliates and subsidiaries. By accessing, using and/or registering for the Platforms and/or Services, you understand and agree to be bound by this Privacy Policy, including any modifications or amendments made thereto by NEST® from time to time, at its sole discretion. If you do not agree to these Terms, you are not authorized to access or use the Platforms and/or Services.

Please click on the link [[email protected]] to send us an email stating that you have read the Privacy Policy and understood the purpose for which your Personal Data and/or Sensitive Personal Data is being collected and how the same shall be used and hereby granting your express consent to such purpose and use. If, at a later date, you wish to withdraw this consent or change any information provided by you, please send us an email at [[email protected]].

BY DOWNLOADING/INSTALLING, ACCESSING OR USING THE PLATFORMS AND/OR SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGEOR THE REQUIRED LEGAL AGE IN YOUR JURISDICTION; (C) ACCEPT THIS PRIVACY POLICY AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM; AND (D) AGREE THAT ANY AND ALL DISPUTES THAT MAY ARISE BETWEEN THE PARTIES FROM YOUR USE OF THE PLATFORMS AND/OR SERVICES SHALL BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT IN COURT AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT DOWNLOAD, INSTALL OR USE PLATFORMS AND/OR SERVICES AND DELETE ANY AND EVERY COMPONENT OF THE PLATFORMS AND/OR SERVICES FROM YOUR DEVICE.

This Privacy Policy describes the information including Personal Data (as defined hereinafter) and/or Sensitive Personal Data (as defined hereinafter) that we collect from you, as part of the normal operation of our Platforms, and what may happen to that information. This Privacy Policy DOES NOT apply to information that you provide to, or that is collected by, any party which is not a signatory to this Privacy Policy (“Third Party“), such as social networks that you use which are not in connection to our Services. We encourage you to consult directly with such Third Parties about their privacy practices. We have prepared a detailed policy because we believe you should know as much as possible about the Platform and/or Services and our practices so that you can make informed decisions.

1. INFORMATION YOU PROVIDE & HOW WE PROCESS IT

    • In this Privacy Policy, “Data” collectively refers to Personal Data, Sensitive Personal Data and PII (as defined hereunder):

“Personal Data” shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law.

“Sensitive Personal Data or Information” with respect to a person shall mean such personal information which consists of information relating to:

    • any detail relating to the above clauses as provided to us for providing the Services;
    • any of the information received under above clauses by us for processing, stored or processed under lawful contract or otherwise;
    • bio-metric information;
    • financial information such as bank account or credit card or debit card or other payment instrument details;
    • medical records and history;
    • password;
    • physical, physiological and mental health condition; and
    • sexual orientation.

“PII” means your name, address, identification number, phone number, and includes any other information by which you may be personally identified.

Further, “Data Protection Law” shall mean any data protection, data security or privacy law, including, without limitation, the Information Technology Act, 2000, EU General Data Protection Regulation 2016/679 (the “GDPR“) and any laws governing Personal Data, Sensitive Personal Data or information from outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.

    • In order to provide the Services to you and facilitate usage of the Platforms, we may collect, use, or disclose the following (set out below) data about you and/or process them in the manner described:
  • Account Information: Throughout NEST® Platform use, all NEST® User Data is personally encrypted by the relevant User, and done so by their utilization of AES, RSA and PGP encryption protocols. NEST® User must first register a mobile-device, or phone number, in order to activate and access a NEST® account on the Platforms. Such phone numbers are stored and used to provide ongoing authorization of NEST® Services. Users may further personally encrypt and then hold for control any PII. A Users’ encrypted PII data are then permitted to be decrypted for use by NEST®, such as authorization of a third party service, only as and when such controlling User decides. All other display data, profile content or information as relating to a Users’ NEST® account, such as a profile name and profile picture which the Users voluntarily upload, can be visible to Users’ NEST® contacts.
    • Direct Text or Messages: NEST® does not hold nor at any time store any Users’ private encryption key(s). Therefore, NEST® cannot decrypt or otherwise access any Users’ content, including their texts, calls or other forms of messages. NEST® Services and servers only handle already encrypted data. As such, Users’ exchanges and/or communications do not appear as readable anywhere apart from the intended, authorized sender or recipient devices. User content, including message histories and photos as say shared in-chat, may be temporarily stored on the Users’ own devices. These too can easily be permanently deleted by the controlling User, through their accessing their installed NEST® Application. NEST® chats and calls can only be decrypted by the controller (sender) and recipient (receiver). Further, NEST® allows immutable public or private blockchain-based data registrations.
    • Direct Voice and Video Calls: NEST® implements WebRTC as well as other advanced solutions for User-to-User voice and video calls. This solution permits an encrypted and direct, device-to-device, near real-time exchange. As NEST® again does not hold nor at any time store any Users’ private encryption key(s), at no point is any unencrypted call information conveyed through NEST® servers. NEST® cannot decrypt or otherwise access any Users’ content, including their voice and video calls. NEST® Services and servers only handle already encrypted data. As such, Users’ calls cannot be understood or intercepted by anyone apart from the intended, authorized participants in active exchange. NEST® User call histories and contacts are encrypted and temporarily stored on Users’ own devices. These may easily be permanently deleted by the controlling User, through their accessing their installed NEST® Application.
    • Blockchain Registrations and User Ordered DLT Services: Additional content, data and or technical information is generated through user implementation of NEST® DLT as well as varied blockchain services. These NEST® DLT services include, but are not limited to, timestamps and permanent registrations or both data as well as multimedia. NEST® implements a unique combination of private as well as public blockchain networks that are hosted both on NEST® servers as well as across various decentralized, global networks. NEST® automatically provides anonymous provenance history and data-audit capacities to authorized Users. Meaning subsequent and/or publicly available, essentially permanent, blockchain records themselves then only become decryptable for and/or shareable by the controlling User. NEST® permits Users unlimited open-chain registrations, Instant Visual Blockchain Result Pages (IVBRP®), and bills a one-time transaction fee ($0.99 USD), for ordered on-chain copyright and/or asset registrations such as NFT creations as well as Digital/Distributed-Ledger Fungible Asset (DFA), registrations. Throughout and in all such implementations, NEST® Users themselves own the data, content and any comparable information submitted or exchanged in encrypted form through NEST®.

NEST® generated or ascribed transactional specific data may include, but is not limited to, randomly generated authentication tokens, keys, push tokens and other digital materials or authorization indications set as necessary to permit NEST® service utilization, invoice generation and the like. NEST® limits this additional technical information to the minimum required to operate the Services.

    • Contacts: NEST® can be authorized to firstly discover a Users’ device-listed contacts, in the Users’ associated contact address book and to then identify which of those listed therein happen to be existing NEST® Users. NEST® Users’ contact information from a specific device, as authorized, is encrypted itself before undergoing a blind-matching digital process, so as to protect all details listed therein. Throughout the Users’ contact matching process, NEST® does not store nor does NEST® display on any server or location any unencrypted or readable User contact information.
    • Help Desk and/or Technical Support: NEST® permits Users to create in-Application ‘help tickets’. Anyone may further directly email [email protected] at any time. Throughout either selected method of help-desk exchange, the Users’ personal data or information that may be shared is kept only temporarily retained in digital format, strictly for the administrative purposes of researching any identified scenario, event or issue and then subsequently following up directly with the relevant Parties about said case.
    • Managing Conveyed Information: NEST® Users must initially undergo personal encryption protocols (G-E2EE), with such encryption thereby covering and pertaining to all subsequent NEST® associated Service-related data, content and/or varied forms of User or User-generated information. NEST® Users’ profile information can be visible to their contacts. Direct exchanges between NEST® Users are decryptable between said NEST® Users’ as are in or have been in exchange. Whereas any unencrypted disclosures, Data or even blockchain registrations as have been or may be executed by a NEST® User through any Service/Platform are done entirely under the sole responsibility, liability, benefit or detriment and personal choice of the relevant uploading User.
    • Other than the information detailed in Clause 1.2 hereinabove, we may collect, use, or disclose the following information from you in order to provide the Services to you:
    • information that you provide on the Platform while creating a NEST® account, purchasing any Services on the Platforms or information/details provided by you on the Platforms which includes your Data and other information provided at the time of browsing the Platforms, registering to use the Platform and our Services, posting material or requesting further Services from us. Although you can browse through the Platforms without giving any Personal Data and/or Sensitive Personal Data about yourself, Personal Data and/or Sensitive Personal Data is required in order to create a NEST® account and thereafter avail of our services. Where possible, we indicate which fields are mandatorily required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the Platforms, unless we require it so. Your NEST® account is protected by a password for your privacy and security. You need to prevent unauthorized access to your NEST® account by selecting and protecting your password appropriately and limiting access to your mobile phone and browser by signing off after you have finished accessing your NEST® account. We advise you to not share login credentials/account information with anyone to avoid unauthorized access. In order to authenticate the information provided by you to us, we may also collect copies of government issued identification documents such as passport, driving license, etc. as permitted by Applicable Laws;
    • if you contact us, we may keep a record of that correspondence and information within;
    • we may also ask you to complete surveys that we use for research, marketing, promotional or any other purposes, although you do not have to respond to them;
    • details of transactions you carry out through the Platforms;
    • details of your visits to the Platforms and the resources that you access;
    • documents and information uploaded on to the Platform for creating a NEST® account;
    • details of bank accounts or credit card information which you link to our Platforms and to your NEST® account in order to process payments;
    • geo-location information, IP address, sensor data from your device, information about things near your device, such as wi-fi access points, cell towers, and Bluetooth-enabled devices subject to your settings and device permissions;
    • information about the apps, browsers, and devices you use to access our Platforms, which helps us provide features like automatic updates. The information we collect includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including carrier name and phone number, and application version number;
    • other additional information provided by you when you fill a form, update or add information to your NEST® account, respond to surveys, provide feedback, communicate with our customer care team or use other features of our Platforms;
    • other information as may be required or necessary, for example in connection with a promotion or when you report a problem with the Platforms; and
    • information directly related or incidental to any of the above.

2. YOUR RIGHTS

Members’ have a right to access information held about them. Your right of access may normally be exercised free of charge; however, we reserve the right to charge an appropriate administrative fee where permitted by Applicable Law. You have the right to:

    • Request that we rectify any Data we hold that it is inaccurate or misleading;
    • Request the erasure of the Personal Data that relates to you. Please note that there may be circumstances in which we are required to retain your Data, for example for the establishment, exercise or defense of legal claims, or as per Applicable Laws;
    • Object, to or to request restriction, of the processing. However, there may be circumstances in which we are legally entitled as per Applicable Laws to refuse your request;
    • Data portability. This means that you may have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
    • Object to profiling;
    • Lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority;
    • Withdraw your consent. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations as per the Applicable Laws.
    • Request details of the basis on which your Personal Data is transferred outside the European Economic Area, but you acknowledge that data transfer agreements may need to be partially redacted for reasons of commercial confidentiality.

3. HOW WE USE YOUR PERSONAL DATA

    • By providing consent under this Privacy Policy, you grant us the permission to collect, use, copy, transmit, store and back-up your Personal Data and/or Sensitive Personal Data for purposes of the Services and/or for any other purpose mentioned below. This is subject to the restrictions in Clause 12 of this Policy.
    • We shall not be responsible for the authenticity of the Personal Identification Information, Personal Data, Sensitive Personal Data or any other information supplied by you to us or any other person acting on our behalf.
    • The purposes for which the Personal Data and/or Sensitive Personal Data may be used by us include:
    • to enable you to access and use our Platforms including availing any Services available on the Platforms;
    • ensuring that the content of the Platforms is presented in the most effective manner for you and for your computers and/or other devices;
    • business management and planning, including accounting and auditing;
    • providing you with alerts, newsletters, materials or information that you have requested or signed up to;
    • allowing you to participate in interactive features on our Platforms or related to our Services, when you choose to do so;
    • complying with the Applicable Laws and regulations;
    • for legal proceedings, including collecting overdue amounts and seeking professional advice;
    • improving and furthering our Services and Platforms subject to your exercise of Opt-Out as per this Policy;
    • to notify you about changes to the Services that we offer and to directly market Services to you and also inform you about our latest deals, products, services, updates and special offers and for promotion and marketing purposes;
    • resolving disputes, troubleshooting problems and measuring your interest in the Services provided by us;
    • detecting and protecting us against error, fraud and other criminal activities;
    • enforcing the Terms;
    • conducting data analytics studies to review and better understand User satisfaction and needs;
    • providing customer service;
    • sending service or support messages, security alerts, NEST® account notifications, updates, etc.;
    • optimizing the Platforms and User experience and customizing your experience;
    • improving our marketing and promotional efforts, to analyse site usage, push relevant advertisements, improve our Services and service offerings, and customize the Platforms’ Content, layout, and Services; and/or
    • purposes directly related or incidental to any of the above.

4. DISCLOSURE OF YOUR PERSONAL DATA

    • Personal Data and Sensitive Personal data will also be used by us to facilitate communication with you, for processing of internal administrative functions and record We shall keep the Personal Data and Sensitive Personal Data confidential and take steps to prevent unauthorized disclosures of the same to the best of our ability. However, you agree we may disclose such information to:
    • our personnel, employees, agents, representatives, advisers, auditors, contractors, financial institutions and service providers including but not limited to logistic providers, suppliers etc. to the extent reasonably necessary for the provision and maintenance of the Services or in connection with any of our operations;
    • our overseas offices, affiliates, business partners and counterparts (if any);
    • the requisite persons/authorities in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violation of the Terms or the Privacy Policy;
    • persons under a duty of confidentiality to us;
    • persons to whom we are required to make disclosure under Applicable Laws and regulations;
    • from time to time, to reveal general statistical information about our Platforms and visitors, such as number of visitors, number and type of services purchased, etc; or
    • actual or proposed transferees or participants of our Services.
    • We may transfer your Personal Data if we are acquired by or merged with another company. In such an event, we will notify you and take your prior consent before your Personal Data is transferred and becomes subject to a different privacy policy.
    • All your activity on our Platform from the time you logon until you logoff is encrypted with a SSL certificate to ensure it remains private. We neither capture nor store your credit/debit card, bank account related information. To make payment for our Services, you enter your credit/debit card information at [[email protected]] and [[email protected]] Third-Party payment sites.
    • Further, you agree that we may share your Data for the following activities from time-to-time:
    • Advertisements

When you avail our Services or enter Personal Data and/or Sensitive Personal Data on the Platform, such Personal Data and/or Sensitive Personal Data is used by us in accordance with the terms of this Policy. We may also aggregate information and disclose such information in a non-personally identifiable manner to advertisers and other Third Parties for other marketing and promotional purposes. We don’t share Personal Data and/or Sensitive Personal Data that personally identifies you with advertisers, such as your name or email, unless you ask us to.

    • Posting to Public Forums

Please remember that if you post any of your Personal Data and/or Sensitive Personal Data in public forums of the Platform, such information may be collected and used by others over whom we have no control. You are to please note that these posts may be made available in the public domain.

    • We may share your Sensitive Personal Data without obtaining your prior consent with: (i) government authorities mandated under the Applicable Laws to obtain information including Sensitive Personal Data or information for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences; and (ii) any Third-Party by an order under the Applicable Laws for the time being in force.

5. RIGHT TO OPT OUT

    • You have provided Personal Data and/or Sensitive Personal Data in connection with the use, browsing, access of our Platform and to process any application for Services from us, where failure to supply such Personal Data may result in the application for Services being rejected.
    • We intend to use your Personal Data in advertising and marketing of our Services. We may also provide your Personal Data to social media platforms/other persons for their use in direct marketing, whether or not such persons belong to NEST®. Please note that the social media platforms and other similar platforms are not controlled or supervised by us and any queries regarding how such Third-Party platform will process your Personal Data should be directed to such provider.
    • However, we cannot do so without your consent and request that you provide the same by NOT ticking the OPT-OUT box on our Platform sign-up page or in the “Settings” section of the Platform. If you decide to tick the ‘Opt-out’ box, you are indicating that you DO NOT wish for us to use your Personal Data in direct marketing and DO NOT wish to receive direct marketing materials by phone, SMS, mail, email, fax or any other communication channels and DO NOT wish for us to provide your Personal Data to any other persons for their use in advertising and marketing, whether or not such persons are members of NEST® except where you have applied for or will apply for any Service that is provided by NEST® jointly with a co-branding partner, such Opt-Out will not apply to such co-branding partner to whom you have consented or shall consent to the provision of your Personal Data separately.

6. SECURITY

    • What we do
    • We are committed to the safety and security of your Personal Data and Sensitive Personal Data. We care about protecting your information. That’s why we put in place appropriate measures that are designed to prevent unauthorised access to, and misuse of, your personal data. We are committed to taking all reasonable and appropriate steps to protect the personal information that we hold from misuse, loss, or unauthorised access. NEST® has developed, and offers for Users’ own NEST® service account-subscription as part of the Services, a bespoke and genuine end-to-end encryption communication service which is further enhanced by distributed ledger technologies (DLT), such as blockchain registrations. NEST® works to provide truly private messaging, internet voice as well as video calling services and varied blockchain features to authorized NEST® account subscribers worldwide. NEST® Users’ calls, messages, exchanges and content are always firstly personally encrypted. This means that until that User authorizes the sharing, display or open registration of such – that Users’ encrypted content can never be decrypted by anyone but the user and/or their privately set, intended recipient(s).
    • If you suspect any misuse or loss of or unauthorized access to your Data please let us know immediately. Please raise your concern with , in the first instance, and we will investigate the matter and update you as soon as possible on next steps.
    • We also may subject ourselves to regular checks by Third Party security evaluation specialists and restrict access to your unencrypted Data (including NEST generated transactional specific data) by our personnel on a need-to-know basis only. Once we have received your Data, we will use strict procedures and security features to try to prevent, as far as is reasonably possible, unauthorized access to your unencrypted Data.
    • NEST® has implemented appropriate technical, organizational and security measures designed to reduce the risk of accidental destruction or loss, or the unauthorized disclosure or access to Data. However, please note that we cannot guarantee that the Data will not be exposed as a result of unauthorized penetration to our servers and unanticipated disruptions to our Services. As the security of Data depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your NEST® member details and passwords.
    • You shall accordingly agree that we shall not be held liable for any accidental dissemination of Data that has occurred in spite of our best efforts and procedures to maintain confidentiality.
    • What you should and should not do
    • You should keep your NEST® member details and password strictly confidential at all times, and should not share these details with anyone. In public areas, you should exercise caution and not leave your computer/device unattended especially whilst logged into your NEST® account on the Platforms. The use of established malware and virus protection software and apps for device is recommended. You should also avoid using public computer terminals to access your NEST® account, unless you can adequately verify that the terminal is free from spyware and that you can erase all of your information upon exiting the terminal. We will not be liable for any loss or damage arising from unauthorized access to your account due to any failure to comply with these precautions.
    • Please remember that if you post any of your Personal Data in public areas of the Platform or during exchanges with other Users on the Platform, such information may be collected and used by others over whom we have no control.

7. DATA RETENTION

    • We may retain your Data for as long as it is necessary. We will not keep such Data for longer than is necessary for the purposes for which we collect it unless we believe that the law or other regulation requires us to preserve it. It may be archived as long as we believe that the purpose for which it was used still exists or as necessary for our legitimate business interests or for complying with legal obligations.
    • When it is no longer necessary to retain your Data, we will delete the Data that we hold about you from our systems. While we will endeavour to permanently erase your Data once it reaches the end of its retention period, some of your Personal Data may still exist within our systems, for example if it is waiting to be overwritten. For our purposes, this data has been put beyond use, meaning that, while it still exists in the electronic ether, our employees will not have any access to it or use it again. This is subject to retention for purposes of complying with Applicable Laws, resolving disputes, enforcing the terms of our Privacy Policy/Terms and protecting our Intellectual Property Rights.
    • In this Privacy Policy, “Applicable Law(s)” shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any governmental authority, now or hereafter in effect and, in each case, as amended from time to time.

“Intellectual Property Rights” or “IPR” include: (i) all rights, title, and interest under any statute or under Applicable Laws including patent rights, copyrights including moral rights, and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in intellectual property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.

8. SERVICE PROVIDERS

    • We may use a variety of Third-Party service providers to help us provide our Services. Service providers may be used, including without limitation, for the following purposes:
    • to authenticate your identification information and documents
    • to process your payments;
    • to check information against public databases;
    • for fraud prevention and risk assessment;
    • to allow the provision of Services through Third Party platforms and software tools;
    • to provide customer service and for marketing, and
    • to process and handle claims.
    • The Third-Party service providers shall have limited access to your Personal Data for performance of the above tasks and in accordance with our strict directions and policies.

9. USE OF COOKIES AND SIMILAR TECHNOLOGY

    • We may automatically track certain information about you based upon your behaviour on our Platform or while accessing our Services. You agree that we may use such information to do internal research on our Users’ demographics, interests, and behavior to better understand, protect and serve our Users. This information is compiled and analysed on an aggregated basis.
    • The Platform uses cookies to distinguish you from other Users of the Platform. This helps us to provide you with a good experience when you browse the Platform and also allows us to improve the Platform. By continuing to browse the Platform, you are agreeing to our use of cookies. Usage of a cookie is in no way linked to any personally identifiable information or Data on our Platform.
    • A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer and of your other device if you agree. Cookies contain information that is transferred to your computer’s hardrive or storage.

10. NON-PERSONAL INFORMATION COLLECTED

    • NEST® makes use of non-personal data in the form of log files. The information inside the log files can include such details as internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, clicked pages and any other information your browsers may send to us.
    • Non-personal data or information is information that does not personally identify you. When you visit and interact with our Platforms or Third Parties with whom we have contracted to provide Services, non-personal information, like a list of website pages visited by you, could be collected.
    • We may collect data by using web beacons, clear GIFS, pixel tags or similar means, which will inform us when you visit our Platforms. Non-personal information like the domain name, the areas of the site you visit, your operating system, your browser version, and your URL, can be identified, which can be used by us to analyse trends, administer the Website and Application, gather general usage as well as aggregated demographic information and enhance your online experience by understanding your web usage patterns. Such log files are also used for security purposes in order to protect our members.
    • We may use or disclose non-personal information for any purpose from time to time. In such cases where we combine non-personal information with personal Data, the combined information will be treated by us as personal Data as per this Privacy Policy.

11. THIRD PARTY LINKS

Our Services and Platforms may contain links to Third Party applications/websites. Please note that when you click on one of these links, you are entering another application/website over which we have no control and will bear no responsibility. We do not own or control these Third-Party applications and when you interact with them you may be providing information directly to them or us or both. Such information provided by you is only processed for the purposes of the legitimate interests pursued by the Third Party. Often these Third-Party applications/websites require you to enter your personal Data and further, use and collect your Data. The Third Party in accordance with its privacy policy and the terms of the offer utilizes this information. Since we do not control the privacy practices of these Third Parties, we encourage you to read the privacy statements/policies on all such applications/websites before deciding to use their services as their policies may differ from our Privacy Policy and Terms. You agree that we shall not be liable for any breach of your privacy of Data or loss incurred by your use of these applications/websites. This Privacy Policy DOES NOT apply to information that you provide to, or that is collected by, any Third Party, such as social networks that you use which are not in connection with our Services. We encourage you to consult directly with such Third Parties about their privacy practices.

12. DATA PROTECTION

    • We will: (a) comply with all applicable Data Protection Laws and privacy laws; (b) comply with all standards that relate to Data Protection Law and privacy laws and the privacy and security of your Data; (c) refrain from any action or inaction that could cause breach of any data protection and privacy laws; (d) do and execute, or arrange to be done and execute, each act, document and thing we deem necessary in our business judgment to keep us compliant with the Data Protection Laws and privacy laws; and (e) immediately report theft or loss of your Data.
    • Any Data collected or accessed by us shall be limited to that which is strictly necessary to perform our obligations in relation to the Services offered on by us or to fulfil any legal requirements as per the Applicable Laws. We shall use such Data only as necessary in this regard and not for any other purpose. We shall maintain such Data in strict confidence in accordance with the provisions of this Clause. We shall not share any Data that is collected or possessed by us with any Third Party for any reason except as expressly stated in this Privacy Policy.
    • We advise you not to include Sensitive Personal Data in any emails you may send to us. Please do not send credit/debit card numbers or any other Sensitive Personal Data to us via email.

13. GENERAL

    • NEST® may, from time to time, update this Privacy Policy. Such updates or alterations to NEST® Privacy Policy will be stipulated in the “Last Modified” date as is listed on the Privacy Policy and Terms webpages. NEST® shall have no obligation to inform Users of any such updates or modifications of its Terms or Privacy Policy.
    • A NEST® User, member, through the continued use of NEST® Services, automatically confirms such Users’ acceptance of NEST®’s latest and/or updated Terms and/or Privacy Policy which may supersede any and all prior terms and/or privacy policies as may have once been displayed. This Privacy Policy and Terms cover the entire agreement between a User and NEST® in regards to use of NEST® Services, features and/or functions. If any User does not agree with NEST® Terms or wishes not to be bound thereby then they must immediately stop using NEST® Services.
    • If NEST® fails to enforce any of such aforementioned Terms and/or Privacy Policy, this does not mean or imply NEST® or our associates do somehow thereby waive the future right to enforce them
    • NEST® Services are not intended for distribution into nor are they intended for use in any country, region, local or jurisdiction wherein such distribution or use of NEST® Services and/or features would violate local law(s) and/or would subject NEST® operations to any regulations in another country. Location specific and ongoing legal adherence is not monitored by NEST®. NEST® reserves all rights to limit services in any specific region, jurisdiction, local and/or country. Please feel free to write to [email protected] should you have any further questions, details or require further information on a given topic.

14. GRIEVANCE OFFICER

In the event you have any grievances or questions about the Privacy Policy or if you wish to make a complaint regarding any violation of the provisions of the Privacy Policy and the way your Data is processed, you may contact us at the details as set out below, pursuant to which your grievance shall be redressed within 1 (one) month from the date of receipt of grievance/complaint. 

15. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

    • Any complaint or dispute can be raised in writing to us at .
    • If any disputes or claims arising under the Privacy Policy or out of or in connection with the execution, interpretation, performance, or non-performance of the Privacy Policy or in respect of the scope, validity or application of the Privacy Policy, or the subject matter hereof (“Dispute“), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
    • All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the arbitration law of England. The arbitral tribunal shall consist of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator. The venue of arbitration shall be London. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

16. ASSIGNMENT

We may assign any of our responsibilities/obligations to any other person without notice to the User, at our sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this Privacy Policy to any other party, unless a written consent is taken from us. Any assignment without such consent shall be void and have no effect. Subject to the foregoing, the Privacy Policy will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.

17. SEVERABILITY

If any term or provision of this Privacy Policy is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of this Privacy Policy shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

18. NOTICES

We may provide any notice to you under the Privacy Policy by sending a message to the email address then associated with your NEST® account. Notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email. To give us notice under this Privacy Policy, you must contact us by email, personal delivery, overnight courier or registered mail to the mailing address listed below. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective 1 (one) business day after they are sent. Notices provided by registered mail will be effective 3 (three) business days after they are sent.

19. THIRD PARTIES

No Third Party shall have any right, benefit or entitlement to enforce any terms of this Privacy Policy.

20. MODIFICATIONS TO THIS PRIVACY POLICY

We may revise the terms of this Privacy Policy from time to time and will always present the most up-to-date version on our Platform. It is your responsibility to periodically review and keep yourself apprised of the latest terms but, if any revision meaningfully affects your rights, we will take reasonable steps to notify you of such changes.

 

Last updated on March 31st 2024

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