Last Updated on October 14, 2021
NextHome, Inc. (“NextHome” or “us” or ”we”) values our relationship with you and your privacy.. This Privacy Notice (the “Privacy Notice”) applies to your use of NextHome’s website and applications, including nexthome.com and our customer relationship management platform (“Service” or “Services”) and describes how NextHome collects, uses, and shares your information when you use the Services. It does not apply to information collected by NextHome offline or to third party websites, applications, or services (including our affiliates). We process your information in accordance with the applicable laws and principles regarding personal information.
Please note that NextHome is a progressive real estate franchise and operates through a franchise system. Our brokerage offices are owned and operated by franchisees, which are independent businesses. This Privacy Notice does not apply to the privacy practices of NextHome real estate brokers or their sales associates or to any websites or mobile applications they may independently operate. Please consult with our franchisees and sales associates to learn more about their privacy practices.
Applicability & Eligibility
Before accessing, using, or interacting with the Services, you should carefully review this Privacy Notice. Your use of the Services is further governed by our Terms of Service, which is also incorporated into your agreement with NextHome by this reference.
Eligibility To Use The Services
The Services are not directed to children under the age of 18. You may not use the Services if you are under the age of 18.
Information Collection & Use
NextHome collects information about you and your use of the Services through various means, including when you provide personal information to us and when we automatically collect personal information about you when you access, use, or interact with the Services. Such processing is performed to provide you with the Services.
The types of personal information NextHome may collect about you include:
Information You Provide To Us:
We process personal information you provide to us on the legal basis of NextHome’s legitimate interests in performing the function or service you requested. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing.
Account Information: We do not require you to register to use all of our Services. However, if you do create an account, you will gain access to those areas and features of the Services that require registration, and NextHome will collect certain personal information about you in connection with your account registration, which may include:
- contact information and preferences;
- preference as to how we may contact you and how frequently;
- information you may have shared in conversations, emails, meetings;
- information about the type, frequency and volume of business you have done together;
- financial information;
- location of data and demographics;
- username and password; and
- other information that we may notify you of or obtain your consent.
Communications Information: If you subscribe to our mailing list or email us, we may keep your messages, email address, and contact information to respond to your requests, provide the requested products or Services, and provide notifications or other correspondences to you. We do not sell any personal information with other organizations for commercial purposes. If you do not want to receive communications from us in the future, please let us know by sending us an e-mail requesting the same to
Support Information: You may provide information to us via a support request submitted through the Services. We will use this information to assist you with your support request and may maintain this information to assist you or other users with support requests. Please do not submit any information to us via a support submission, including confidential or sensitive information that you do not wish for NextHome or our Service Providers to have access to or use in the future.
Form Information: We may use forms to request certain information from you on the Services, such as your contact information to assist with contacts or service requests. This information may include personal information.
Information We Collect Automatically:
We use automatic data collection and analytics technologies to collect aggregate and user-specific information about your equipment, domain name, patterns of use, communication data and the resources that you access and use on the Services, including your IP address, browsing, and navigation patterns. This information may be used to improve our products and Services, prevent fraud and other purposes. We process information collected automatically on the legal basis of NextHome’s legitimate interests in assessing the use of its Services. Information we collect automatically through your use of the Services includes:
Social Media Features:We may use various social media features such as the Facebook “Like” button on our websites and mobile applications. We collect certain information about you through your use of these features in conjunction with our Services. Subject to your account and privacy settings, we may also be able to see information that you post when using these social media platforms whether or not you are using one of our Services. In some instances, depending on the circumstances, we may contact you on these social media platforms. The information you post on social media sites as well as the controls surrounding these disclosures are governed by the respective policies of the social media site, and you should review their privacy practices.
Device and Log File Information: When you use our Services, we may receive log file information such as your IP address, browser type, access times, domain names operating system, the referring web page(s), pages visited, location, your mobile carrier, device information, unique identifiers, search terms, and cookie information. We receive this information when you interact with our Services, for example, when you visit our website, sign in to our Services, or interact with our email notifications. NextHome uses this information to provide, understand, and improve our Services, and to customize the content we show you. NextHome may link this log file to other information NextHome collects about you via the Services.
Public Information:NextHome may also collect information, including personal information, about you from publicly available sources. Information you make publicly available in any public or open forum, such as on a social network, may be considered public information for the purposes of this Privacy Notice and may be accessed and collected by NextHome. Please be aware that any content or information you share with or provide to third parties using or related to your use of the Services are neither private nor confidential. NextHome is not responsible for any content or information you post or share with third parties. If you do not wish for certain information to be public, please do not share it publicly.
NextHome uses the information we receive about you for the purposes described in this Privacy Notice. We process personal data received about you through our Services on the legal basis of NextHome’s legitimate interests in providing the Services and their functionality to you. Such processing is necessary for the purposes of the legitimate interests pursued by NextHome or by our Service Providers related to the Services. Where appropriate, we may rely on alternate legal bases, such as your consent to certain types of processing.
Personal Information Sharing
When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this Privacy Notice. NextHome may disclose your personal information to third parties including:
Aggregated Non-Personal Data: We may disclose aggregated, non-personal data received from providing the Services, including information that does not identify any individual, without restriction. NextHome may share demographic information with business partners, but it will be aggregated and de-personalized so that personal information is not revealed.
Within NextHome: We may share and process personal information internally within NextHome and with our subsidiaries and affiliates. NextHome’s personnel may have access to your information as needed to provide and operate the Services in the normal course of business. This includes information regarding your use and interaction with the Services.
Service Providers: NextHome works with various organizations and individuals to help provide the Services(“Service Providers”), such as website and data hosting companies and companies providing analytics information, like Google Analytics. NextHome needs to engage such third-party Service Providers to help us operate, provide, and market the Services. Information we share to our Service Providers may include both information you provide to us and information we collect about you, including information from data collection tools like cookies, web beacons, and log files.
We share personal information with our Service Providers on the legal basis of NextHome’s legitimate interests in providing you with the Services. Our engagement of Service Providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like helping us keep our Services operating and secure. In some other cases, these Service Providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us provide advertising or conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with Service Providers to make our Services better, for example
Business Transactions: NextHome may purchase other businesses or their assets, sell our business assets, or be involved in a bankruptcy, merger, acquisition, reorganization or sale of assets (a “Business Transaction”). Your information, including personal information, may be among assets sold or transferred as part of a Business Transaction.
Safety and Lawful Requests: We may be required to disclose personal information pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. We generally do not disclose user’s personal information unless we have a good faith belief that an information request by law enforcement or private litigants meets applicable legal standards. We may share your personal information when we believe it is necessary to comply with applicable laws, to protect our interests or property, to prevent fraud or other illegal activity perpetrated through the Services or using NextHome name, or to protect the safety of any person. This may include sharing information with other companies, lawyers, agents, or government agencies. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your personal information.
Disclosures of personal information for a business purpose (applicable to California Consumers only): In the preceding twelve (12) months, we have disclosed the following personal information for a business purpose: identifiers; Internet or other similar network activity; and geolocation data:
Sales of personal information: In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices Regarding Your Personal Information
NextHome seeks to ensure all individuals are provided with the rights mandated by their governing jurisdiction. Not all of the rights discussed herein will apply to each individual and may not apply to you depending upon your jurisdiction.
You may benefit from a number of rights in relation to your personal information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so by contacting us. Upon request, NextHome will provide you with information about whether we hold any of your personal information. In certain cases where we process your personal information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format.
Your rights (applicable to EU residents): To the extent that such rights are mandated by the laws applicable to the individual data subject, such as all data subjects residing in the European Union (“EU”), the following rights may apply:
- the right to access (GDPR, Article 15);
- the right to rectification (GDPR, Article16);
- the right to erasure (GDPR, Article 17);
- the right to restrict processing (GDPR, Articles 18);
- the right of object (GDPR, Article 21); and if applicable, the right to data portability (GDPR, Article 20).
- you may also have a right to lodge a complaint with an appropriate data privacy regulatory authority (GDPR, Article 77).
To exercise any of your CCPA rights, please send us an email at firstname.lastname@example.org or call us at (855) 925-6398.
If we process your personal information based on our legitimate interests as explained in this Privacy Notice, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your personal information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your personal information for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.
Where you have provided consent to certain processing of personal information, you have the right to withdraw that consent at any time by contacting NextHome at email@example.com. Withdrawal of consent will not affect the validity of our use of your personal information up until the point you have withdrawn your consent.
Your rights (applicable to California residents:
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org.
Access To The Information NextHome Has Collected About You
NextHome provides certain tools and settings within the Services to help you access, correct, delete, or modify your personal information associated with the Services. NextHome welcomes you to contact us regarding the personal information we have collected about you, including regarding the nature and accuracy of the personal information that has been collected about you, to request an update, modification, or deletion of your personal information, to opt-out of certain Services uses of your personal information, or to withdraw any consent you may have granted to NextHome.
Please note that if you choose to delete your personal information or opt-out of the collection and use of your personal information, you understand that certain features, including but not limited to access to the Services, may no longer be available to you.
We may retain the personal information we receive about you for as long as necessary to provide the Services and fulfill our contractual and legal obligations, but personal information generally will be retained only for as long as necessary to fulfill the purposes for which the personal information was collected, or as otherwise permitted by law. Following termination or deactivation of an account, NextHome may retain your personal information and content for a commercially reasonable time for backup, archival, and audit purposes and as permitted by applicable law.
Opting-Out Of Communications From NextHome
Users may opt-out of receiving certain communications from NextHome by following the unsubscribe process described in email communication, or by contacting us using the contact information provided below. However, please note you may not opt-out of Services-related communications, such as account verification, changes or updates to features of the Services, or technical and security notices.
Do Not Track
NextHome does not currently employ a process for automatically responding to “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms.
Cookies and Advertising Choices
You may stop or restrict the placement of cookies and similar trackers on your devices and browsers by adjusting your device and browser preferences. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from companies that participate in self-regulatory programs. You can access these and learn about targeted advertising and consumer choice and privacy at www.aboutads.info/choices.
Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may limit ad tracking of certain mobile ads via their device settings. You may also control interest-based advertising on apps on your mobile device from participating companies by downloading the AppChoices app.
To be clear, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. You must separately opt out in each browser on each device. Opting out from one or more companies listed on the consumer choice pages will opt you out from those companies’ delivery of interest-based content or ads to you, but you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the consumer choice pages, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info.
To opt out of Google Analytics, you can download the Google Analytics Opt-out Browser Add-on Google Analytics at https://tools.google.com/dlpage/gaoptout.
Security of Your Information
NextHome implements security measures as we deem appropriate and consistent with industry standards. As no data security protocol is impenetrable, NextHome cannot guarantee the security of our systems or databases, nor can we guarantee that personal information we collect about you will not be accessed or otherwise disclosed without authorization. Accordingly, any personal information you transfer to or from Services are provided at your own risk.
Please do your part to help us keep your personal information secure. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. NextHome specifically reserves the right to terminate your access to the Services and any contract you have with NextHome related to the Services in the event it learns or suspects you have disclosed your account or password information to an unauthorized third party.
Additional Provisions Regarding The Services & Your Information
Transfer and Storage of Your Information
Please be advised that personal information NextHome collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. If you are located outside the United States and choose to allow us to collect personal information about you, please be aware that NextHome may transfer your personal information to the United States and process and store it there. We will transfer personal information only to those countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections.
If you are located in the United Kingdom or European Economic Area (“EEA”) or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer personal information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction, as disclosed in this Privacy Notice. It may also be processed by staff operating outside the EEA who work for us or for one of Service Providers, also as disclosed
Safely Using NextHome’s Services
Despite NextHome’s safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other users when using the Services. You can help NextHome by notifying us of any unwelcome contact by contacting us using the information below.
Changes to Our Privacy Notice
NextHome may modify this Privacy Notice from time to time. The most current version of this Privacy Notice will govern our use of your information and will be located at https://www.nexthome.com/privacy-policy/. You may contact us to obtain prior versions.
NextHome is located at 4309 Hacienda Drive, Suite 110, Pleasanton CA 94588. Should you have any comments or questions about how we collect and use your personal information, communication can be directed to NextHome’s postal address, via email to email@example.com or by telephone to (855) 925-6398.