Privacy Policy

Privacy & Security

Thank you for visiting

www.nestnewyork.com

(this “Web site”). NEST Fragrances, LLC (“NEST”, “NEST Fragrances”, “we”, “us”, or “our”) is committed to honoring your privacy while at the same time providing you with a first-rate online shopping experience. We respect your concerns about privacy and value the relationship we have with you. This Privacy Policy describes the types of personal information we collect about our customers, how we use that information, with whom we share it, and the choices available to our customers regarding our use of the information. We also describe the measures we take with the goal of protecting the security of the information and how our customers can contact us about our privacy practices.

In this policy, “personal information” means “information relating to an identified or identifiable natural person”. An “identifiable natural person” is “one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, and online identifier or to one or more factors specific to his/her physical, physiological, genetic, mental, economic, cultural or social identity.”

By submitting information through our Web site, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your information in accordance with this Privacy Policy. This Privacy Policy does not cover any website other than the Web site.

This Web site is intended for residents, 18 years of age or older, of the United States and its territories and possessions (collectively, the “U.S.”). By using and/or submitting information through this Web site, you agree and represent that you reside in the U.S. and are at least 18 years old.

Children’s Privacy

We do not knowingly collect any Personal Information of children under the age of 16. The Web site is not directed to children under the age of 16. If we become aware that we have inadvertently received personal information from a visitor under the age of 16 on the Web site, we will delete the information from our records.

Information We Collect

We may obtain personal information about you from various sources, including third parties. When you visit our Web site, place an order, otherwise interact with our Web site, attend one of our or our business partners’ virtual or in-person events, and/or contact us via e-mail, certain information is or may be collected. Among the types of information that may be collected are the following:

If you create an account, we may collect your name, company, address, phone number, and email address.
If you place an order, we may collect your name, company, address, phone number, email address, billing information, shipping information, the kind of product purchased and other information about your purchase.
If you sign up for emails, we will collect your email address.
If you sign up for mobile messaging (SMS), we will collect your phone number.
If you send us an email, we will collect your name, email address, and any information that you may choose to submit with the e-mail message.
If you participate in any surveys, contests, wish lists, reviews, and other voluntary offerings provided on the Web site, we will collect any information you submit as part of such offerings.
When you use one of our mobile applications, we may ask you for your geo-location.
We may collect information about your use of coupons and other discounts on our online store, including the number of discounts used, interests and shopping preferences.
We may collect any other information you provide us in response to suggestion forms or other questionnaires.

You may choose not to share your geo-location details by adjusting your mobile device’s location services settings. To decline from sharing your geo-location details, follow the instructions on your mobile device on changing the relevant settings; otherwise, please contact your service provider or device manufacturer.

When you visit this Web site, we may also collect certain information about your device or usage by automated means, including using technologies such as cookies, web server logs and web beacons. Please see the Cookies, Web Server Logs and Web Beacons section for more information.

We also collect the following information via technology (“Access Information”). We collect your browser type, operating system, Internet Protocol (IP) address, domain name, and/or a date/time stamp for your visit. When you visit this Web site or view one of our e-mails, we may use pixel tags (also called “clear” gifs), tracking links and/or similar technology to note some of the pages you visit on our Web site to help personalize your experience. We may also use pixel tags to determine what types of e-mail your browser supports. We may also collect Access Information through the use of cookies on the websites of those companies that serve our advertisements. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please see the Links to Other Websites section of this Privacy Policy for more information.

Our products are available for sale in many third-party retail outlets, including department, specialty, boutique, and online stores. Unless otherwise indicated at the time that you provide your personal information, any personal information collected in these third-party stores is not collected by us. This Privacy Policy does not address any data collection by our retail partners.

Links to Other Websites

Our Web site may provide links to other websites for your convenience and information. These websites may operate independently from us. To the extent any linked websites you visit are not owned or controlled by us, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites. Please be aware that the terms of our Privacy Policy do not apply to these outside websites, including any social media platforms or pages that are linked on our Web site, associated with us, or recommended by us. Please be aware that these outside websites and platforms have their own privacy policies that are applicable to the information they collect. We strongly suggest that you review these third parties’ terms and privacy policies.

Information You Provide

You may choose to provide personal information to us in a number of ways, such as when you participate in an offer or promotion or when you make a purchase on our Web site. The types of personal information you may provide to us include:

Contact information (such as name, postal address, email address, and mobile or other phone number)
Month and day of birth
Username and password, nickname/screen name
Payment information (such as your payment card number, expiration date, delivery address, and billing address, through a third party payment processor)
Purchase history
Product preferences
Content you provide (such as photographs, videos, reviews, articles, survey responses and comments)
Information provided to us through social media networks when you visit our social media pages (such as your name, profile picture, likes, location, friend list and other information described on the social media network or your geo-location details when using one of our mobile applications)

Please see the Third Party Web Analytics Services section regarding information that third parties may collect from or about you and share with us.

Updating Personal Information

We prefer to keep your personal information accurate and up to date. If you would like to change your contact information, please contact us at customerservice@nestnewyork.com. We will make requested changes in our then active databases as soon as reasonably practicable.

Information We Collect by Automated Means

When you visit this Web site, view or click on our online advertisements (including our advertisements on third party websites) or visit our social media pages, we also collect certain information about your usage or device by automated means or by using technologies such as cookies, web server logs and web beacons. As set forth in more detail below, we may also collect information about your usage and browsing habits using various web-based technologies.

Cookies, Web Server Logs and Web Beacons

Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser and, in the case of some cookies, on your hard drive. You can block the use of cookies by activating the settings in your browser disabling certain cookies. However, if you choose to withhold consent or subsequently block cookies, please note you may not be able to use all of the features of our Web site.

We use cookies and URL information to learn when you visited the Web site and to gather information about your searches and the content you viewed. We also track the number of visits to a particular page and user-specific information on which pages guests visit, average length of time spent on the Web site and similar Web site usage data. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them). We use cookies in connection with certain features on our Web site, for example, to enable us to store items in your shopping cart, and we may use them to help provide you with customized or tailored information or services. You can make selections in your web browser to receive notifications when your browser receives a cookie. You may be able to remove or block persistent cookies by following help file directions on your web browser.

In conjunction with obtaining information through cookies, our web servers may log details such as your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone in which your device is located. The web server logs also may record information such as the address of the web page that linked you to our Web site and the IP address of the device you use to connect to the Internet.

To control which web servers collect this information, we may place tags on our web pages called “web beacons.” These are computer instructions that link web pages to particular web servers and their cookies.

Third Party Web Analytics Services

We may use third party web analytics services on this Web site, our social network pages, or our mobile applications, such as those of Google Analytics. The various service providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Web site. The information collected through these means (including IP address) is disclosed to our service providers, who use the information to evaluate use of the Web site. You may seek to deactivate the ability of certain analytics services to analyze your browsing activities on this Web site. Please see below for more information regarding certain third-party service providers that we use and how you can exercise your choices with respect to those providers’ collection of information on this Web site.

Google Analytics

We use Google Analytics, a service provided by Google, Inc. (“Google”) for various purposes, including potentially to analyze traffic on our Web site, to grow our business, to improve and develop our services, to monitor and analyze use of our services, to aid our technical administration, to increase the functionality and user-friendliness of our services, and to verify that users have the authorization needed for us to process their request. Google may collect your IP address, and other information (although typically not your name), and utilizes the data collected to track and examine the use of our Web site, and to prepare reports for us based on your activities online, among other uses. As part of Google Analytics, Google tracks many variables, including what website you visited prior to coming to our Web site, how long you stay on a particular page, and your geographic location. Please be aware that Google uses the data it collects from our Web site for its own purposes, and we do not control or direct such usage. Please visit Google’s privacy policy to understand how Google uses the information it collects: https://policies.google.com/privacy?hl=en-US

You may be able to opt out of the use of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout/.

To learn more about privacy and Google Analytics, please consult the Google Analytics overview provided by Google at: http://www.google.com/intl/en/analytics/privacyoverview.html.

Bing Ads

We may use Bing Ads (a Microsoft platform) to show you advertisements that might be relevant to the keywords that you search for and to provide you with a more personalized search experience. Bing Ads may place one or more cookies on your device with a unique identifier, and/or use web beacons to operate this service and enable certain search features. We may use this information to track your activity on our Web site and we may share your information with Bing Ads during this process. For more information on Bing Ads, please visit Microsoft’s privacy policy at https://privacy.microsoft.com/en-us/privacystatement .

Humankind

In order to make our Web site and services available to you, we use a third-party service provider, Humankind, Inc. (“Humankind”). Humankind is a platform that enables SMS communications. As part of the platform’s capabilities and the customer experience, Humankind collects and houses personally identifying information in their databases. Humankind handles and processes data, but it does not take actions with it directly, instead Humankind enables this on behalf of its clients. Humankind’s clients (including us), or our/their subcontractors, use the platform to communicate and run programs. Pursuant to applicable laws, Humankind may be considered the data processor, and Humankind’s clients (including us) may be considered the data controller. Humankind may communicate with you through chat and SMS features, in order to provide you with personalized recommendations and suggestions relating to our products. As part of Humankind’s services, we may share with or collect from Humankind your name, address, email, phone number, and communications. For more information about the information that Humankind collects from you and how Humankind and its own service providers use such data, please visit Humankind’s privacy policy at https://www.gethumankind.com/privacy-policy and review the list of Humankind’s own service providers at https://www.gethumankind.com/subprocessors. Please see the SMS Terms, SMS Opt-Out Procedure, and SMS Mobile Message Management Program Terms and Conditions sections for more information regarding SMS communications you may receive.

Cross Context Behavioral Advertising

We also may contract with third-party advertising networks that collect IP addresses and other information through the use of cookies, web server logs and web beacons on our Web site and emails; on third-party websites and emails; and on our advertising placed on third-party websites. They use this information to provide advertisements about our products and services tailored to your interests (including for companies not affiliated with us). You may see these advertisements on our Web site and other websites. This process also helps us manage and track the effectiveness of our marketing efforts. To learn more about interest-based advertising, visit the Digital Advertising Alliance at www.aboutads.info/choices or the National Advertising Initiative at www.networkadvertising.org/choices

You can opt out of certain targeted advertising, and learn more about your options related to such advertising, by using the links below:

Google: You can customize your experience with advertisements through Google services by visiting https://support.google.com/ads/answer/2662856/control-the-ads-you-see-android?hl=en. You can opt out of having your website activity available to Google Analytics by visiting https://support.google.com/analytics/answer/181881?hl=en and installing the Google Analytics opt-out browser add-on available at https://chrome.google.com/webstore/detail/google-analytics-opt-out/fllaojicojecljbmefodhfapmkghcbnh?hl=en.
Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads.
Pinterest: You can learn more about customizing or limiting Pinterest’s collection of your data by visiting https://help.pinterest.com/en/article/do-not-track.

Do Not Track

Do Not Track (“DNT”) is a concept promoted by certain regulatory authorities and industry groups for development and implementation of a mechanism that would allow internet users to control the tracking of their online activities across websites. Currently, various browsers (including Internet Explorer, Firefox, and Safari) offer a DNT option that allows a user to set a preference in the browser to not have his/her activities on the internet tracked. You can usually access your browser’s DNT option in your browser’s preferences. When a user’s browser is set to DNT, some cookies and other tracking technologies may become inactive, depending on how the website visited responds to DNT browser settings. If that occurs, the website visited will not recognize you upon return to that website, save your passwords or user names, and some other features of a website may become unavailable or not function properly. We have configured our Web site to honor DNT signals, but please keep in mind that technologies evolve, and while we will endeavor to continue to honor the signals as this happens over time, we may not always be able to do so.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Web site may be served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Web site. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use the Information

We may use the information you provide to:

Analyze, manage and improve our Web site so that we may continually strive to provide you with the best shopping experience that we possibly can
Send you promotional materials or other communications
Provide services to you, including processing your orders, coordinating the shipment of products you have purchased, and providing you with order confirmations, shipping notifications and returns information, and obtain payment for your purchases.
Process your payment card transactions and/or gift card transactions
Create and manage your online account, including access to your online and purchase history
Assist with product selection and replenishment
Respond to your inquiries
Display relevant ads to you on our Web site and elsewhere based on your interests and history with us
Communicate with you about, and administer your participation in, special events, contests, sweepstakes, programs, surveys and other offers
Operate and communicate with you about our social network pages
Operate, evaluate and improve our business (including developing new products and services; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions)
Comply with applicable legal requirements, relevant industry standards and our policies
We also may use the information in other ways for which we provide specific notice at the time of collection.

In addition, to serve you better, we may combine the information we collect from you with information we receive from our partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes. We may create from the information we collect about you non-personally identifiable information (by excluding personal data) concerning your use of this Web site, such as information regarding which of our pages are most popular. We may use for any purpose and share or transfer to anyone such non-personally identifiable information in our discretion. Please see the Information We Share section for more information.

How We Use the Information Collected by Automated Means

We may use the information collected through automated means on this Web site for market research, data analytics and system administration purposes, such as to determine whether you’ve visited us before or are new to the Web site, to tailor ads displayed to you on our Web site and elsewhere and for compliance with our legal obligations, policies and procedures, including compliance with relevant industry standards and the enforcement of our Terms and Conditions available at nestnewyork.com/pages/terms-and-conditions. We also may use the information in other ways for which specific notice is provided at the time of collection.

Information We Share

We do not sell or license your personally identifiable information to third parties without your consent, except as such terms may be applicable to the data usages and disclosures described in this Privacy Policy.

We may disclose any information that we collect, including personally identifiable information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, including to respond to subpoenas or warrants served on us, or in connection with detection, prevention or investigation of fraud. In addition, we may disclose information about you when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity.

For behavioral advertising purposes, we may disclose information about your browsing behavior and/or purchasing behavior while on our Web site, including the products you purchased (but not your name, address, email address, or telephone number) to third party advertisers. However, please note that such third parties may collect personally identifiable information from or about you, using their own technologies.

We may share some of your personal information with third party service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, fulfill orders, and provide web hosting, advertising and marketing services.

We also reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Policy. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

How We Protect Personal Information

NEST Fragrances takes precautions aimed at protecting the security of your personal information, including hosting our Web site on servers that utilize SSL server software. Any credit card information that you provide is intended to be encrypted while it is being transmitted over the Internet with the goal of reducing the possibility that such information can be read by an unauthorized person. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances, including the security of your data during transmission to us or the security of data on your mobile device.

Your Rights and Choices

We offer you certain choices in connection with the personal information we collect from you, such as how we use the information and how we communicate with you. To update your preferences, ask us to remove your information from our mailing lists or submit a request, please contact us in the manner specified below.

Email Opt-Out

If you do not wish to receive promotional e-mails (e.g., emails regarding special offers or product information) from us, please let us know by sending us an e-mail to customerservice@nestnewyork.com. Please be sure that your e-mail includes your name and address. You may also change your preferences at any time by clicking on the unsubscribe link within the marketing emails you receive from us or by contacting us as indicated herein. You may also opt out of receiving marketing emails from NEST Fragrances directly by clicking here to Unsubscribe.

SMS Terms

SMS SERVICE

We will only contact you by SMS with your consent and you may opt out of such messages at any time by following procedures in the SMS Opt-Out Procedure section. We and our third party service providers may contact you by SMS for marketing, customer service, and transactional purposes, among others. If you sign up for our SMS program, cookies may be used to personalize your experience (e.g. we and our service providers may send you personalized SMS texts such as shopping cart reminders).

If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing SMS texts unless you also unsubscribe via the above procedures. You are solely responsible for any of the foregoing misdirected communications sent as a result of your failure to update your phone number(s) with us.

When you sign up to receive SMS texts, these messages may include but are not limited to promotional offers. These messages may use information automatically collected based on your actions while on our Web site and may prompt messaging such as cart reminders. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message, in accordance with this Privacy Policy. You may opt out of receiving SMS texts at any time by texting “STOP” to our SMS texts.

SMS Opt-Out Procedure

In order to stop receiving SMS texts from us, you can text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five-digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that SMS program. Please note that this will only opt you out of the specific SMS program associated with that five-digit short code. You will remain opted in to any other NEST New York SMS programs that you may have signed up for.

To unsubscribe from the NEST New York general marketing SMS program, you can email customerservice@nestnewyork.com and specify that you no longer want to receive SMS texts.

SMS Mobile Message Management Program Terms and Conditions

We, through our third-party provider ReCharge Inc. (hereinafter, “Recharge”), offer a mobile messaging program (the “Program”), which may include the SMS texts described in our Privacy Policy. By opting in to or participating in the Program, you accept and agree to the Program terms and conditions (“Program Terms”), available at https://rechargepayments.com/sms-terms-of-service/, including, without limitation, your agreement to resolve any disputes with us and/or Recharge through binding, individual-only arbitration, as detailed in the Dispute Resolution section of the Program Terms. These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and us, or you and Recharge in other contexts. We and/or Recharge reserve the right to change the Program Terms from time to time. Any updates to the Program Terms shall be binding on you and your continued participation in the Program evidences your agreement to the Program Terms. It is your responsibility to check the Program Terms periodically for any updates. Agreement shall be communicated to you.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT RECHARGE, AND NOT US, IS RESPONSIBLE FOR ADMINISTRATION OF THE PROGRAM. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES, OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO THE PROGRAM AND THE PROGRAM TERMS.

Postal Mail Opt-Out

If we send you marketing communications by postal mail, such mailers may include instructions for opting out of a particular promotion. You can also request that we refrain from sending you promotional postal mail by mailing us at:

NEST Fragrances, LLC
477 Madison Avenue
24th Floor
New York, New York 10022
1-888-979-6932
customerservice@nestnewyork.com

Withdrawing Consent

You may withdraw any consent you previously provided to us, or object at any time on legal grounds, to the processing of your personal information. We will aim to apply your preferences going forward. In some circumstances, withdrawing your consent to our use or disclosure of your personal information will mean that you cannot take advantage of some of our products or services. In some instances, such opt-out selections may be made through your web browser, service provider, or device manufacturer and we do not have any control over such third parties’ opt out mechanisms or their compliance with your requests.

Reviewing, Updating and Modifying Personal Information

Subject to applicable law, you may have the right to request access to and receive details about the personal information we maintain about you, update and correct inaccuracies in your personal data, and have the information blocked or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. We reserve the right to take reasonable steps to verify your identity before granting access or making corrections.

You may request to review, change or delete your personal information by sending an email to customerservice@nestnewyork.com.

Updates to Our Privacy Policy

We may revise this Privacy Policy periodically and without prior notice to you to reflect changes in our personal information practices, as we deem necessary and/or as required to remain in compliance with rules and regulations, and/or to keep current with new technologies and security standards. The effective date of the current Privacy Policy will be posted at the top of the policy. If we decide to change our Privacy Policy, we will post the revised policy here. As we may make changes at any time, we suggest that you periodically consult this Privacy Policy. Please note that our rights to use your personally identifiable information will be based on the privacy policy in effect at the time the information is used.

If we make any material changes in the way we use your personally identifiable information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Web site. Any changes to this Privacy Policy will be effective for existing Web site users upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Web site. These changes will be effective immediately for new users. If you object to any such changes you must cease using our Web site. Continued use of our Web site following any such changes shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of the updated Privacy Policy.

How to Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at customerservice@nestnewyork.com or telephone at 1-888-979-6932. If we need, or are required, to contact you concerning any event that involves your personal information we may do so by email or telephone.

Your Virginia Privacy Rights

This section of the Privacy Policy applies solely to Virginia consumers.

We collect “personal data” and “publicly available information” of Virginia “consumers”, as each such term is defined under the Virginia Consumer Data Protection Act (“Virginia CDPA”), as set forth below.

We also “process” such personal data (as “process” is defined under Virginia CDPA), for the purposes set forth below.

We may share your personal data and publicly available information with third parties, as set forth below.

We process your personal data for “targeted advertising” (as “targeted advertising” is defined under Virginia CDPA), as set forth below.

We do not “sell” your personal data (as “sale” is defined under the Virginia CDPA) to third parties in exchange for monetary consideration.

We do not engage in profiling in furtherance of decisions that produce legal or similarly significant effects concerning you when processing your personal data.

Categories of Personal Data Collected	Our Purposes for Processing Personal Data	Categories of Third Party with Whom Personal Data Was Shared	Personal Data Processed For Targeted Advertising? (Yes/No)
Identifiers, including: name, postal address, telephone number, credit card number, debit card number, unique personal identifier, online identifier, Internet Protocol address, email address, account name.	To deliver our products and services To maintain our relationship with you To understand our audiences To market our products and services To improve our products and services For research and development To maintain relationships with our business partners To comply with laws	Our service providers (including cookies and analytics, and marketing agencies) Our support/ maintenance service providers Our business partners Governmental authorities	Yes
Commercial information, including products purchased or considered.	To deliver our products and services To maintain our relationship with you To market our products and services To understand our audiences To improve our products and services For research and development	Our service providers (including cookies and analytics, and marketing agencies) Our business partners	Yes
Internet or other similar network activity, including: browsing history, search history, information on a user’s interaction with the Web site or advertisements, and IP address.	To deliver our products and services To maintain our relationship with you To market our products and services To understand our audiences To improve our products and services For research and development	Our service providers (including cookies and analytics, and marketing agencies)	Yes
Geolocation data.	To market our products and services To understand our audiences For research and development	Our service providers (including cookies and analytics, and marketing agencies)	Yes
Publicly available information	o understand our audiences To market our products and services To improve our products and services For research and development	Our service providers (including cookies and analytics, and marketing agencies) Our business partners	Yes
Sensitive data: None	N/A	N/A	No

If you would like to request access to or deletion, correction, or portability of the personal data that we collect about you, or if you would like to opt out of our use of your personal data for targeted advertising, you can submit your request to customerservice@nestnewyork.com.

If you submit any of the foregoing requests, you must provide your first and last name, physical address, and email address, and describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to it. We will confirm that we have received your request as soon as practicable, and we will act on your request within 45 days from our receipt of such request. If we need more information in order to act on your request or if we are denying your request on legally permissible grounds, we will inform you within 45 days.

If we deny your request in whole or in part, we will provide our justification for declining to take action, and you may appeal such denial by contacting us at customerservice@nestnewyork.com. Within 60 days of receipt of your appeal request, we will inform you in writing of any action taken or not taken in response to your appeal, including a written explanation of our reasons for our decisions. If we need more information in order to evaluate your appeal, we will inform you. If your appeal is denied, we shall also provide you with an online mechanism, if available, or other method through which you may contact the Virginia State Attorney General to submit a complaint.

Your California Privacy Rights

This section of the Privacy Policy applies solely to California residents.

We adopt this Section of the Privacy Policy in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”) as amended by the California Privacy Rights Act of 2020 (“CPRA”).

Please note that certain terms used in this California-specific section of the Privacy Policy, such as “Personal Information,” “Sale,” “Share” and “Sensitive Personal Information” have the meanings given to such terms in the CCPA/CPRA, and not the common meanings of these terms in conversational English.

We collect, process and retain various types of Personal Information. Personal Information does not include de-identified or aggregate information, or public information lawfully available from government records.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Web site that are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding year, and the names and addresses of those third parties. We will handle one such request per year, free of charge to you. To make such a request, please send an email to customerservice@nestnewyork.com.

Do Not Track and Global Privacy Controls

Please see DNT disclosure set forth in main body of this policy.

Our Web site responds to currently available global privacy control (“GPC”) signals. However, keep in mind that this technology is relatively new, and it can be quite difficult to ensure no tracking occurs if the signals sent by this technology change as time goes by. We will use commercially reasonable efforts to keep our Web site up to date so that we can continue to respond to such opt-out request as the technology changes over time. Our Web site’s response to GPC signals will be specific to each device and browser from which you access the Web site and, as such, you must update your GPC settings on each browser (e.g. Safari, Chrome, etc.) and each device (e.g. laptop, smartphone, etc.) from which you access our Web site, in order for us to recognize and respect your GPC signals. Please note that we do not apply such GPC preferences to any information that we collect or receive about you through your offline (i.e. in-person) purchases from us or our business partners.

If you choose not to be tracked while visiting our Web site, you can visit your browser privacy settings to make the selection, and specifically turn on a “do not track” or other global privacy control setting made available, to send signals that you wish not to have your information collected as you browse. This election is often available under the cookies related privacy settings for your browser.

Not all browsers have GPC extensions at this time. Please visit the website for the company that offers your browser to see if they have a GPC extension and to learn how to download it. For example, Mozilla explains how to enable their experimental GPC control here: https://blog.mozilla.org/netpolicy/2021/10/28/implementing-global-privacy-control/.

Notice of Financial Incentives

We may offer you certain financial incentives permitted by the CCPA/CPRA that can result in different prices, rates, or quality levels provided that such incentive is reasonably related to the value of the personal information that we collect in connection with such programs. In determining the value of this data to Company, we consider the profit generated from products that include Personal Information, which is reasonably correlated to the value provided to the consumer through personalized discounts or other offers. We will not include you as a participant in any financial incentive program without your prior “opt-in” consent, which you may revoke at any time. We offer discounts to new Web site users and customers (a “Welcome Discount”) when you provide your email address and phone number and opt in to our marketing communications. If you wish to leave the Welcome Discount program, please reach out to us using the information in the Contact Information section.

Data Collection

We have collected the following categories of Personal Information for the following purposes within the last twelve (12) months:

Category of Personal Information	Categories of Sources of Collection	Business or Commercial Purpose for Collection
A. Identifiers, including: real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, visa/green card number, and passport number.	Third-party data vendors Business partners Employees/job applicants/independent contractors Web site users Customers User requests for profile updates Web site activity	To provide our products and services To improve our products and services To identify potential customers To market our products and services To offer employment, and to provide insurance and benefits
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including: name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, financial information, medical information, and health insurance information.	Third-party data vendors Business partners Employees/job applicants/independent contractors Web site users Customers User requests for profile updates Web site activity	To provide our products and services To improve our products and services To identify potential customers To market our products and services To manage payroll and provide and administer employee benefits
C. Protected classification characteristics under California or federal law, including: age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, and veteran or military status.	Employees Job applicants	To offer employment, and to provide insurance and benefits
D. Commercial information, including: records of personal property, products or services purchased, obtained, or considered, and purchasing or consuming histories or tendencies.	Customers From Web site activity	To provide our products and services To market our products and services To improve our products and services For research and development To maintain business relationship with partners
E. Biometric information.	None	None
F. Internet or other similar network activity, including: browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, and IP address.	From Web site activity	To provide our products and services To market our products and services To improve our products and services (e.g., usage pattern data) To track employee actions for internal reports and information security purposes
G. Geolocation data, including physical location or movements.	Web site activity	To market our products and services To understand our audiences For research and development
H. Sensory data.	None	None
I. Professional or employment-related information, including: current or past job history and salary requirements.	Employees Job applicants	To provide employment opportunities, and administer employee benefits
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	None<	None
K. Inferences drawn from other Personal Information, including profiles reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Employees Job applicants	To provide employment opportunities
L. Sensitive Personal Information, including: social security, driver’s license, state identification card, or passport number, login or account information allowing access, race, religion, and contents of mail, email, or text messages.	Customers Employees Job applicants	To understand our audiences To provide employment opportunities, to process payroll, and administer employee benefits To market our products and services To improve our products and services (e.g., usage pattern data) For research and development

Additional Information about Use and Sharing of Personal Information

In addition to the sharing of Personal Information as reflected on the chart above, we may share some of your Personal Information with third party service providers who perform services on our behalf based on our instructions. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. Examples of these service providers include entities that process credit card payments, fulfill orders, and provide web hosting, advertising and marketing services. In particular, when you interact with our digital property, the below companies may collect personal information, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.

California Consumer Rights Pursuant to the CCPA/CPRA

California consumers have specific rights regarding how your Personal Information is collected and used.

Right to Opt Out of Sale or Sharing of Personal Information. You have the right to tell us not to Sell or Share your Personal Information with or to third parties. You can exercise that right by clicking on this link: https://www.nestnewyork.com/pages/gdpr-compliance-1
Right to Know. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including:
Specific pieces of Personal Information that we have collected.
The categories of Personal Information we collected about you.
The categories of sources from which that Personal Information was collected.
Our business purpose for collecting, Selling or Sharing that Personal Information.
Categories of Personal Information Sold (as this term is defined in the CPRA/CPRA), Shared for cross context behavioral advertising, or disclosed for a business purpose.
Categories of third parties to whom we Sold, or with whom we Shared or disclosed the Personal Information for a business purpose;
The categories of Sensitive Personal Information to be collected and the purposes for which the categories of Sensitive Personal Information are collected or used and whether such information is Sold or Shared, except for such information that is collected or processed without the purpose of inferring characteristics about you.

You may request these disclosures only twice within a twelve month period.

Right to Correct. You have the right to request correction of any inaccurate Personal Information that we maintain about you.
Right to Delete. You have the right to request deletion of your Personal Information (with exceptions noted by law – more on this below).
Right Not to Be Discriminated Against. You have the right not to be discriminated or retaliated against because you exercised these rights (more on this below).
Right to Limit Sensitive Information. You have the right to request that we limit our use and disclosure of your Sensitive Personal Information, except for such information that is collected or processed without the purpose of inferring characteristics about you.

Deletion of Personal Information

You have the right pursuant to the CCPA/CPRA to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your request to delete your Personal Information, we will delete (and direct our service providers to delete) such information from our records, unless your Personal Information is necessary to:

Complete the transaction for which we collected the personal information, 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).
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.

Right to Non-Discrimination

We will not discriminate against you for exercising any of your rights under the CCPA/CPRA. Specifically, we will not do any of the following unless permitted by the CCPA/CPRA:

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;
Engage in any retaliatory employment practices; or
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA/CPRA that can result in different prices, rates, or quality levels. Any CCPA/CPRA-permitted financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Do Not Sell or Share My Personal Information

We Sell Personal Information (as the term “Sale” is defined pursuant to the CCPA/CPRA), but not in exchange for monetary compensation). We also Share Personal Information (as the term “Share” is defined pursuant to the CCPA/CPRA) for cross context behavioral advertising purposes.

As a California consumer, you have the right to opt out of the sale or Sharing of your Personal Information to third parties.

In the twelve (12) months prior to the posting of this Policy, we have Sold to or Shared with third parties the categories of Personal Information about California residents set forth below, and for the purposes set forth below:

Categories of Personal Information Sold or Shared	Categories of Third Party to Which Personal Information Was Sold	Reason for Selling	Categories of Third Party with Whom Personal Information Was Shared	Reason for Sharing
A. Identifiers, including: name, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, account name.	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services To understand our audiences To improve our products and services For research and development	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including: name, postal address, telephone number, unique personal identifier, online identifier, Internet Protocol address, email address, account name.	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services To understand our audiences To improve our products and services For research and development	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services
C. Protected classification characteristics under California or federal law.	None	N/A	None	N/A
D. Commercial information, including products or services purchased, obtained, or considered.	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services To understand our audiences To improve our products and services For research and development	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services
E. Biometric information.	None	N/A	None	N/A
F. Internet or other similar network activity, including: browsing history, search history, information on a user’s interaction with the Web site or advertisements, and IP address.	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services To understand our audiences To improve our products and services For research and development	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services
G. Geolocation data.	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services To understand our audiences To improve our products and services For research and development	Our Service Providers (including cookies and analytics) Our marketing agencies and service providers	To market our products and services
H. Sensory data.	None	N/A	None	N/A
I Professional or employment-related information.	None	N/A	None	N/A
J Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	None	N/A	None	N/A
K Inferences drawn from other Personal Information	None	N/A	None	N/A
L. Sensitive Personal Information	None	N/A	None	N/A

We do not knowingly Sell or Share any Personal Information of children under the age of 16.

Data Disclosure

In the twelve (12) months prior to the posting of this Privacy Policy, we have disclosed for a business purpose the categories of Personal Information about California residents set forth below, for the reasons set forth below:

Category of Personal Information Disclosed for a Business Purpose	Category of Persons to Whom Personal Information Was Disclosed	Purpose for Disclosing for a Business Purpose
A. Identifiers, including: real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, visa/green card number, and passport number.	Our marketing service providers Our service providers (including cookies and analytics)	To provide our products and services To market our products and services To improve our products and services For research and development To offer employment, and to provide insurance and benefits To comply with law
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), including: name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, financial information, medical information, and health insurance information.	Our marketing service providers Our service providers (including cookies and analytics)	To provide our products and services To market our products and services To improve our products and services For research and development To offer employment, and to provide insurance and benefits To comply with law
C. Protected classification characteristics under California or federal law, including: age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, and veteran or military status.	Our service providers	To offer employment, and to provide insurance and benefits To implement our diversity efforts
D. Commercial information, including: records of personal property, products or services purchased, obtained, or considered, and purchasing or consuming histories or tendencies.	Our service providers (including cookies and analytics)	To provide our products and services To market our products and services To improve our products and services For research and development
E. Biometric information.	None	None
F. Internet or other similar network activity, including: browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement, and IP address.	Our service providers (including cookies and analytics) Our marketing agencies	To provide our products and services To market our products and services To improve our products and services For research and development
G. Geolocation data, including: physical location or movements.	Our service providers (including cookies and analytics) Our marketing agencies	To provide our products and services To market our products and services To improve our products and services To prevent and detect fraud and for cybersecurity
H. Sensory data.	None	None
I. Professional or employment-related information, including: current or past job history and salary requirements.	Our benefits and payroll service providers and partners	To offer employment, and to provide insurance and benefits
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	None	None
K. Inferences drawn from other Personal Information, including: profiles reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Our service providers	To offer employment
L. Sensitive Personal Information, including: social security, driver’s license, state identification card, or passport number, login or account information allowing access, race, religion, and contents of mail, email, or text messages.	Our benefits and payroll service providers and partners Our marketing service providers	To offer employment, and to provide insurance and benefits To understand our audiences

Sensitive Personal Information

As a part of our services, we may collect and disclose Sensitive Personal Information, as set forth above, and use and disclose it for the purposes described above.

You have the right to request that we limit our use and disclosure of your Sensitive Personal Information such that we use such information solely to provide you our services or process your transactions. To exercise this right, please click here, or contact us at customerservice@nestnewyork.com.

Data Retention

We store Personal Information as needed to accomplish the purposes identified in this Privacy Policy and to meet legal requirements, including to comply with law, and for record retention, resolving disputes, and enforcing our agreements. We will not retain a consumer’s Personal Information or Sensitive Personal Information for longer than is reasonably necessary for the purposes disclosed above. Our retention of your Personal Information is governed by applicable law. This storage period may extend beyond the term of your relationship with us.

When we no longer need Personal Information, or in any event, after legal authority to retain it has expired, we will destroy Personal Information in accordance with local law and pursuant to our relevant procedures.

How to Exercise Your CCPA/CPRA Rights

To make a verifiable consumer request for disclosure of our collection and use of your personal information or to delete your personal information, you can call us at our toll free number: 1-888-979-6932 or customerservice@nestnewyork.com. If you submit your CCPA/CPRA request by email, please include “California Privacy Rights” as the subject line. If you make a request to exercise your rights under the CCPA/CPRA by telephone, we may ask you to provide the request in writing so that we may verify your identity.

If you submit a request to us to disclose how we collect and use your Personal Information or to delete your personal information from our records, we must be able to verify your request. To be “verifiable,” you must provide sufficient information to allow us to reasonably verify that you are the person about whom we collected personal information or that you are an authorized agent of that person and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it (a “verifiable consumer request”), including: your first and last name, physical address, and email address. We cannot respond to your request if it is not a verifiable consumer request. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request. You may also make a verifiable consumer request on behalf of your minor child.

We will acknowledge your request within 10 days and respond to your request within 45 days or let you know if we need additional time or information to verify your identity (and if so, why).

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Using an Authorized Agent

A California resident may use an authorized agent to submit a right to know request, a request to delete, a request for us to limit our processing of Sensitive Personal Information, or a request to opt-out of the Sale or Sharing of Personal Information here. To use an authorized agent for these purposes, both the resident and the agent will be required to verify their identities with us. For this purpose, the agent will be required to submit a request with their first and last name, email address, and a notarized letter attesting to their identity and certifying that they have authorization to act on the requesting consumer’s behalf. The agent will also be required to submit the following information about the consumer on whose behalf they are making the request: first and last name, physical address, email address, and proof of California residence (such as a copy of a utility bill addressed to the requester). In addition, the agent will be required to provide via email written authorization from the consumer to act on their behalf in making these requests. If we cannot authenticate the identity of the agent making the request, we may also require that the consumer confirm directly with us that they have in fact authorized their agent to act on their behalf. We may deny a request from an agent who cannot meet these requirements. If the agent has provided a power of attorney pursuant to Cal. Prob. Code Sections 4121 to 4130, then the verification that the consumer has authorized the agent to act on their behalf will not be necessary.