This Privacy Policy (“Policy”) describes how NYX REAL ESTATE (“NYX REAL ESTATE,” “Company,” “we,” “us,” or “our”) collects, uses, discloses, and safeguards information in connection with your access to and use of our websites, landing pages, content, forms, and related real estate services (collectively, the “Services”).
This Policy is a legally binding agreement between you and NYX REAL ESTATE. By accessing or using the Services, submitting information to us (including through any online form), calling or texting us, or otherwise interacting with us, you (i) acknowledge that you have read and understood this Policy, and (ii) agree to be bound by this Policy, including the arbitration and class action waiver provisions set forth below.
This Policy is provided for informational purposes and contractual notice only and does not constitute legal advice to you. You should consult your own legal counsel regarding your rights and obligations.
1. Scope and Applicability
This Policy applies to information we collect:
- Through our websites and landing pages, including without limitation https://www.nyxrealestates.com/ and any related subpages (collectively, the “Site”);
- Through online forms, lead capture tools, or other submission mechanisms made available by us;
- Through phone calls, text messages, emails, and other direct communications between you and us; and
- From third-party sources in connection with our real estate investment, acquisition, and marketing activities.
This Policy does not apply to information collected by any third-party websites, platforms, or services that are not controlled by us, even if accessed through links on the Site. We encourage you to review the privacy policies of those third parties.
2. Definitions
For purposes of this Policy:
- “Personal Information” means information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular consumer or household, as interpreted under applicable law.
- “Non-Personal Information” means information that does not, and cannot reasonably be used to, identify an individual (such as aggregated or de-identified data).
- “Processing” means any operation or set of operations performed on information, whether or not by automated means, such as collection, storage, use, disclosure, analysis, or deletion.
3. Information We Collect
3.1 Information You Provide Directly
We may collect Personal Information that you voluntarily provide to us, including but not limited to:
- Full name and preferred contact information;
- Phone number (mobile or landline) and email address;
- Property address, property type, and property characteristics;
- Information regarding your ownership status, reasons for selling, and desired timeframe;
- Details about your financial or situational context as it relates to the property (for example, foreclosure, probate, or tenant issues, as you choose to disclose);
- Any other information you choose to submit in free-text fields, emails, or oral communications.
3.2 Information Collected Automatically
When you access or use the Site, we and our third-party service providers may automatically collect certain information about your device and browsing activity, which may include:
- IP address, approximate location, and device identifiers;
- Browser type, language, settings, and operating system;
- Referring URL, pages viewed, links clicked, and time and date of visits;
- Session duration, scroll depth, and interaction data with forms and page elements.
This information may be collected through cookies, pixels, tags, scripts, and similar technologies, as further described in Section 5 below.
3.3 Information from Third Parties
We may receive Personal Information and Non-Personal Information about you from third-party sources, including:
- Advertising and lead-generation partners;
- Analytics providers and marketing platforms;
- Publicly available sources and real estate data providers;
- Title companies, real estate agents, or other professional counterparties involved in a transaction.
We may combine information we receive from third parties with information we collect directly from you or automatically, and treat the combined information as Personal Information in accordance with this Policy.
4. How We Use Your Information
We may use Personal Information and Non-Personal Information for the following business purposes and, where applicable, legitimate interests:
- To respond to your inquiries and provide customer service and support;
- To evaluate properties and determine whether we may be able to make an offer or engage in a transaction;
- To prepare, communicate, and negotiate potential offers or other real estate solutions;
- To schedule and coordinate property inspections, visits, closings, and related activities;
- To send transactional or administrative communications, such as confirmations, updates, and notices;
- To send marketing communications about services, opportunities, or related offerings (subject to your choices and applicable law);
- To operate, maintain, optimize, and improve the Site and our marketing campaigns;
- To conduct analytics, research, and measurement relating to the performance of the Site and our business;
- To detect, prevent, and address technical issues, fraud, abuse, or unlawful activity;
- To comply with applicable legal, regulatory, or contractual obligations and to establish, exercise, or defend legal claims.
5. Cookies, Analytics, and Targeted Advertising
We and our third-party partners may use cookies and similar tracking technologies to collect and store information when you use the Site.
5.1 Types of Technologies
- Cookies: Small text files stored on your browser or device.
- Pixels / Web Beacons: Small graphics or code that record browsing activity.
- Scripts and SDKs: Code that enables functionality and data collection.
5.2 Purposes
- To enable core Site functionality and remember your preferences;
- To measure and analyze Site traffic, engagement, and performance (e.g., through analytics services);
- To support remarketing and advertising campaigns across the internet;
- To help prevent fraudulent or malicious activity.
Most web browsers allow you to manage cookies through settings. If you disable or reject cookies, some features of the Site may not function as intended.
At this time, our Site does not respond to “Do Not Track” signals or similar mechanisms transmitted by web browsers.
6. How We Disclose Your Information
We do not sell your Personal Information in the ordinary sense of exchanging it for money. We may, however, disclose Personal Information to the following categories of recipients for the purposes described above:
- Service Providers: Third-party vendors that provide services on our behalf, such as hosting, form processing, analytics, marketing, communications, and data security.
- Real Estate Counterparties: Title companies, escrow agents, attorneys, real estate brokers or agents, investors, lenders, and other parties involved in evaluating, structuring, or closing real estate transactions.
- Business Transfers: In connection with or during negotiations of any merger, sale of assets, financing, acquisition, or other business transaction in which Personal Information may be transferred as a business asset.
- Legal and Compliance: To courts, law enforcement, regulators, or other governmental authorities when we believe in good faith that disclosure is required or appropriate to (i) comply with law or legal process, (ii) protect our rights, property, or safety or that of others, or (iii) detect, prevent, or otherwise address fraud, security, or technical issues.
7. Communications, Calls, and Text Messages
By providing your phone number or email address to us (including through the Site or any form), you expressly consent to being contacted by NYX REAL ESTATE, our representatives, and our service providers using the contact information you provide, for both transactional and marketing purposes.
Your consent to receive texts, calls, or emails is not a condition of any purchase, sale, or real estate transaction. However, if you withdraw consent for all communications, we may be unable to continue certain aspects of our Services or discussions with you.
8. Data Security
We implement commercially reasonable administrative, technical, and physical safeguards designed to protect Personal Information from accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. Notwithstanding the foregoing, no method of transmission over the internet or method of electronic storage is completely secure, and we cannot guarantee absolute security of information transmitted to or stored by us.
9. Data Retention
We retain Personal Information for as long as reasonably necessary to fulfill the purposes described in this Policy, including to:
- Evaluate and complete potential transactions;
- Maintain business records for audit, compliance, and tax purposes;
- Resolve disputes and enforce our agreements; and
- Comply with applicable legal obligations.
We may also retain de-identified or aggregated data for analytics and business purposes, which we may use indefinitely without further notice to you.
10. International Transfers
Our Site and Services are controlled and operated from the United States, and are intended primarily for users located in the United States. If you access the Site or provide information from outside the United States, you understand that your information may be transferred to, stored in, and processed in the United States, where data protection laws may differ from those in your jurisdiction. By using the Services, you consent to such transfer, storage, and processing.
11. Children’s Privacy
The Services are not directed to, and we do not knowingly collect Personal Information from, individuals under the age of eighteen (18). If we become aware that we have collected Personal Information from a child under 18, we will take reasonable steps to delete such information. If you believe we may have collected information from a child under 18, please contact us using the information in Section 17.
12. Your Privacy Choices and Rights
Depending on your jurisdiction, you may have certain rights regarding your Personal Information, which may include the right to:
- Request access to the Personal Information we maintain about you;
- Request correction of inaccurate Personal Information;
- Request deletion of certain Personal Information, subject to legal exceptions;
- Opt out of receiving certain marketing communications;
- Limit certain uses or disclosures of Personal Information, where required by law.
To exercise any available rights, or to update your contact preferences, you may contact us using the information provided in Section 17. We may take reasonable steps to verify your identity before responding to a request, which may include requesting additional information from you.
13. State-Specific Disclosures (United States)
Certain U.S. states have enacted consumer privacy laws that provide residents with additional rights regarding Personal Information (for example, rights to know, access, delete, correct, or opt out of certain data practices). To the extent required by applicable state law, we will honor such rights upon receipt of a verifiable request.
If you are a resident of a state with such laws and wish to exercise a specific statutory right, please clearly indicate your state of residence and the nature of your request when contacting us under Section 17.
14. No Legal, Tax, or Financial Advice
Any information, content, or communications provided through the Site or by NYX REAL ESTATE are for general informational purposes related to real estate solutions only and do not constitute legal, tax, financial, or other professional advice. You should consult your own attorney, tax advisor, or other qualified professional regarding your specific situation, including but not limited to foreclosure, probate, bankruptcy, or other legal matters.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NYX REAL ESTATE, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING TO THIS POLICY, THE SITE, OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS POLICY, THE SITE, OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100) OR, IF GREATER, THE AMOUNT ACTUALLY PAID BY YOU DIRECTLY TO NYX REAL ESTATE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
16. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless NYX REAL ESTATE and its members, managers, officers, employees, contractors, and agents from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Site or Services; (ii) your violation of this Policy or any applicable law or regulation; or (iii) any information or content you submit, post, or otherwise provide to us. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses.
17. Dispute Resolution, Arbitration, and Class Action Waiver
17.1 Governing Law
This Policy and any dispute arising out of or relating to this Policy, the Site, or the Services shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any choice or conflict of law provision or rule.
17.2 Binding Arbitration
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AND NYX REAL ESTATE AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THIS POLICY, THE SITE, OR THE SERVICES (INCLUDING THE INTERPRETATION, VALIDITY, ENFORCEABILITY, OR BREACH OF THIS POLICY) SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, BEFORE A SINGLE ARBITRATOR.
The arbitration shall be administered by a nationally recognized arbitration administrator (such as the American Arbitration Association) pursuant to its applicable rules, as modified by this Policy. The parties shall share arbitration fees as required by the applicable rules, subject to any reallocation by the arbitrator in a final award. Judgment on the arbitration award may be entered in any court having jurisdiction.
17.3 Class and Representative Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND NYX REAL ESTATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
17.4 Limited Court Actions; Venue
If, and only to the extent, the arbitration agreement set forth in this Section 17 is found to be unenforceable as to a particular claim or request for relief, such claim or request for relief shall be brought exclusively in the state or federal courts located in Jefferson County, Kentucky, and you and NYX REAL ESTATE consent to the personal jurisdiction of such courts and waive any objection to venue in such courts, including any objection based on forum non conveniens.
18. Changes to This Privacy Policy
We reserve the right to amend, modify, or update this Policy at any time, in our sole discretion, consistent with applicable law. When we make changes, we will revise the “Last Updated” date at the top of this page. Any changes will be effective as of the date posted, unless otherwise specified. Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Policy.
19. Contact Us
If you have any questions, comments, or requests regarding this Policy or our privacy practices, or if you wish to exercise any applicable privacy rights, please contact us using one of the methods below:
- Company: NYX REAL ESTATE
- Website: https://www.nyxrealestates.com/
- Email: info@nyxrealestates.com
- Phone: (888) 379-7856
Please include “Privacy Request” in the subject line or in the body of your message so that we can route your inquiry appropriately and respond in a timely manner.