Legal

Privacy Policy

Your information matters. This page explains how it is collected, used, and protected.

Effective Date: January 1, 2025  ·  Last Updated: January 1, 2025

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1. Scope 2. Definitions 3. What We Collect 4. How We Use It 5. Cookies 6. Disclosures 7. Communications 17. Arbitration 19. Contact

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.

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.

2. Definitions

  • "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.

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, publicly available sources, real estate data providers, title companies, and other professional counterparties involved in a transaction. We may combine such information with information collected directly and treat the combined data as Personal Information.

4. How We Use Your Information

We may use Personal Information and Non-Personal Information for the following business purposes:

  • 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;
  • 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:

  • 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 comply with law or legal process, protect our rights, or detect, prevent, or otherwise address fraud, security, or technical issues.
Mobile Information Privacy. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted.

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.

Consent to Texts and Calls. You agree that we may contact you via voice call and text message (SMS/MMS) at the number you provide, including through the use of an automatic telephone dialing system and/or prerecorded or artificial voice, to the extent permitted by law. Message and data rates may apply. Message frequency may vary. You may opt out of text messages at any time by replying "STOP," and may opt out of marketing emails by using the unsubscribe link included in those emails.

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. 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 indefinitely.

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.

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, contact us at info@nyxrealestates.com with "Privacy Request" in the subject line. We may verify your identity before responding.

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.

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.

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.

17. Dispute Resolution, Arbitration, and Class Action Waiver

Important: This section contains a binding arbitration clause and class action waiver. Please read it carefully.

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 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 pursuant to its applicable rules. 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.

17.4 Limited Court Actions; Venue

If the arbitration agreement is found unenforceable as to a particular claim, such claim 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.

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. 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:

NYX REAL ESTATE

Website: https://www.nyxrealestates.com/
Email: info@nyxrealestates.com
Phone: (888) 379-7856

Please include "Privacy Request" in the subject line so your message can be routed appropriately.