Nest Inc. (“NestFi”) is committed to protecting and respecting your privacy. Nest collects, uses and keeps information in compliance with the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), the Privacy and Electronic Communications (EC Directive) Regulations 2003, the UK Data Protection Act 20188 and all relevant regulations. For the purpose of GDPR, the data controller is Nest.

This policy and any other documents referred to set out the basis on which any personal data Nest collects from you, or that you provide to us, will be processed by us. Please read the following privacy policy to understand how we collect and use your personal data, for example when you contact us, visit our website (“Site”), apply for a job, or use our products and services.

Whenever you give us personal data, you are consenting to its processing, collection and use in accordance with this privacy policy. You may withdraw your consent at any time by emailing [email protected] with your full name.

INFORMATION NEST MAY COLLECT FROM YOU

Nest may collect and process the following data about you:

• Information that you provide by filling in forms on our Site, providing details by registration or other means (e.g., giving business cards) at a marketing event, or when setting up administrator accounts in our product or services.
• Information that you provide us in order to use the Site, including email addresses and phone numbers.
• Information you provide us through inquiries and/or feedback.
• Your Internet Protocol (IP) address, operating system and web browser used.
• Nest may also ask you for information when you report a problem with our site.
• If you contact us, Nest may keep a record of that correspondence.
• Details of your visits to our site including, but not limited to, traffic data, location data and other communication data, and the resources that you access.

IP ADDRESSES

Nest may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our business partners. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

COOKIES

Cookies are small text files that websites save to your computer. These pieces of information are used to improve services for you through, for example: (i) remembering settings, so you don’t have to keep re-entering them whenever you visit a new page; (ii) remembering information you’ve given (e.g. your postcode) so you don’t need to keep entering it.

Session cookies allow us to track your actions during a single browser session, for example to remember the items returned from a search. They do not remain on your device beyond your session.

Persistent cookies remain on your device between sessions and allow us to authenticate you and to remember your preferences.

Session and persistent cookies can be either first or third-party cookies — a first-party cookie is set by the website being visited. A third-party cookie is issued by a different website to that being visited.

Our website may use a third-party cookie provided by Google Analytics to gather anonymized information for the benefit of all web users. Nest do not use behavioural targeting cookies. All our cookies fall within the ICC classifications Strictly Necessary, Functionality and Performance and none within the classification Behavioural Targeting.

If at any time you wish to disable our cookies you may do so through the settings on your browser, but if you do so you will not be able to use certain important features of our service.

JOB APPLICANTS

If you are making a job application or inquiry, you may provide us with a copy of your CV or other relevant information. We may use this information for the purpose of considering your application or inquiry. Except when you explicitly request otherwise, we may keep this information on file for future reference.

PROVIDING PRODUCTS AND SERVICES

If you purchase or use our products or services, we may use your personal data for purposes which include but are not limited to:

• Verifying your credentials.
• Carrying out end user compliance checks for export control purposes.
• Issuing virus information alerts and other alert messages.
• Providing training sessions for which you have registered.
• Providing maintenance and technical support.
• Providing information about product upgrades, updates and renewals.
• Generating logs, statistics and reports on service usage, service performance and malware infection.
• Developing and enhancing products, services, and our infrastructure.
• Processing orders and generating billing information.

Certain products and services may include features that collect additional personal data for other purposes, as described in the applicable customer agreement. For detailed information, please also refer to the applicable product or service description.

WHERE YOUR PERSONAL DATA IS STORED

Your personal data is securely stored by Nest on the Nest servers located in the territory of the Virgin Islands. Nest has set up systems and processes to prevent unauthorized access or disclosure of your data.

TRANSFERRING PERSONAL DATA

As a global company, we have international sites and users all over the world. When you give us personal data, that data may be used, processed or stored anywhere in the world, including countries outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers. Nest places substantial importance on protecting the confidentiality of personal information and seeks the cooperation of all its suppliers in furthering this goal. Nest will only transfer personal information to a supplier where the supplier has provided assurances that they will provide at least the same level of privacy protection as is required by this Policy. Where Nest has knowledge that a supplier is using or sharing personal information in a way that is contrary to this policy, Nest will take reasonable steps to prevent or stop such processing.

SECURITY

Nest endeavours to hold all personal data securely in accordance with our internal security procedures and applicable law. We update and test our security on an ongoing basis. Nest will do its best to protect your personal data, but Nest cannot guarantee the security of your data transmitted to our site through the internet; any such transmission is at your own risk. Once Nest has received your information, Nest will maintain appropriate administrative, physical, technical and organizational measures to protect your personal data accessed or processed by Nest against unauthorized or unlawful processing or accidental loss, destruction, damage or disclosure.

USES OF THE INFORMATION

In addition to the above, Nest uses information held about you in the following ways:

• To provide you with information, products or services that you request from us, or which Nest feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts entered into between you and us.
• To allow you to participate in interactive features of our products or service, when you choose to do so.
• To notify you about changes to our products and services.

If you are an existing customer, Nest will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those that were the subject of a previous sale to you.

If you receive an email which claims to come from us but does not use our domain, or if you are suspicious that an email may not be approved by us, then please send a copy of the email to [email protected] so we can investigate. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box on the form on which Nest collects your data. We will not sell or rent your data to third parties or share your data with third parties for marketing purposes. We may use third party software to send you information for marketing purposes but such third parties will not have access to or be able to read your personal information.

We will share your data if we are required to do so by law.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Nest does not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

DISCLOSURE OF YOUR INFORMATION

Nest may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

In the event that Nest sells or buys any business or assets, Nest may disclose your personal data to the prospective seller or buyer of such business or assets.

If Nest or substantially all of its assets are acquired by a third party, personal data held by it about its subscribers and users will be one of the transferred assets.

Nest may disclose your personal information if Nest is under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of Nest Limited, or others.

YOUR RIGHTS

You have the right to request by contacting [email protected]:

• Information about how your personal data is processed.
• A copy of your personal data.
• An immediate correction to your personal data.

You can also:

• Raise an objection about how your personal data is processed.
• Request that your personal data is erased if there is no longer a justification for it.
• Ask that the processing of your personal data is restricted in certain circumstances.
• Opt out of the use of your personal data for any purposes or a specific purpose.

ACCESS TO INFORMATION

GDPR gives you the right to access information held about you. Your right of access can be exercised in accordance with GDPR.

CHANGES TO OUR PRIVACY & DATA PROTECTION POLICY

Nest reserves the right to amend this Data Privacy Policy at any time, for any reason, without notice to you. You should check our Site to see the current Data Privacy Policy that is in effect and any changes that may have been made to it.

This policy was last amended on 24th January, 2022.

DATA PRIVACY OFFICER

Nest is headquartered in Intershore Chambers, Road Town, Tortola, British Virgin Islands. Nest has appointed an internal data protection officer for you to contact if you have any questions or concerns about Nest’s Privacy Policy. The contact information for the Nest data protection officer is as follows:

Legal Department

Nestfi Inc.

[email protected]