MacKay Enterprises, LLC
Manage My Nest™

Privacy Policy

Updated March 1, 2024

Our Philosophy.

MacKay Enterprises, LLC – providers of the Manage My Nest™ platform (herein after “we” or "Manage My Nest" or “MMN”) believe, since the very first day of operations, that you have a right to privacy and control over information directly related to you. We are open and honest about our data collection practices in our Privacy Policy.

Why we collect data?

Our two primary purposes in collecting data is to improve your user experience on our platform and to fulfill the capabilities provided by the platform for your community. We do not sell your data to third parties.

Why the Privacy Policy?

The Privacy Policy explains the information we collect about you, how we use the information, some of the security steps we take to protect your information, and the options you have available to review, revise, and/or restrict our usage of this information.

Distinction between Customer and User.

MMN only contracts our services with HOAs, Condominiums, Buildings, Marinas, and similar forms of communities, or with a Supplier providing services to these forms of communities such as Community Management companies, Accounting companies, and Security companies – herein after “Customers”. MMN has no direct relationship with individuals using our platform, either directly or indirectly, or our company website (www.managemynest.com). These individuals are herein after “Users”.

Direct Users would be those with an assigned username and password.

IndirectIndirect Users would be those without a username or those accessing any portion of the platform where a username is not required such as our company website or public areas of our Customers’ respective MMN platform. Indirect Users can also include individuals who do not interact with the platform such as visitors (pre-authorized, authorized, and denied), suppliers, etc.

We process data strictly on behalf of our Customers. As each Customer determines their own privacy policies separate from MMN, please contact our Customer (your community, community manager, etc.) if you have any questions regarding their privacy policies.

If you have any questions or comments about this Privacy Policy, please contact us at info@managemynest.com.

What does the Privacy Policy apply to? Who does it cover?

This Privacy Policy applies to our company website (www.managemynest.com) and to the custom community websites we create as part of our Manage My Nest™ service (collectively our “Platform”).

This Privacy Policy covers all users of the platform as it relates to the use of our Platform. We collect personal data from our Customers about them and their residents, employees, suppliers, etc. in order to carry out the benefits and capabilities offered by MMN.

When we collect your data.

In addition to data provided by our Customers, we also collect data when you visit or interact with our Platform. We may also collect your data when you communicate with us through email, chat, telephone, and/or support.

What data we collect.

We may collect both personal and non-personal data. We do not store or collect billing information.

1. Personal Data.
   Personal Data is any information that relates to you. It is information that is expressly provided by you, such as your name, or information that can be used in combination with other information to personally identify you, such as a phone number or username.
   
   Personal Data we collect can include your contact information (e.g., name, address, telephone number, email), your username/password, information about how you use our Platform, and any other information that you provide while, or by, using our Platform such as occupation, digitally captured signatures, tickets, documents, payments, etc.


2. Non-Personal Data.
   Non-Personal Data is all data that is not Personal Data, or is Personal Data that has been modified or aggregated with other data so that it can no longer identify an individual. This information may include aggregated information, IP Addresses, browser types, ISPs, operating systems, date and time stamps, etc.

How we collect your data.

1. From our Customer.
   We may also collect your data when our Customer provides Personal Data on your behalf in order to create your User accounts, update your statements and payments, register vehicles and related information, register pets, register visitors, etc.


2. Directly from you.
   We may collect Personal Data when you provide it to us directly. Examples of when you directly provide us Personal Data include: i) editing your user profile; ii) creating, editing, or updating content on our Platform; or iii) providing us remote access to provide you support.


3. Through cookies.
   A cookie is a small file created by a website that is stored on a user’s computer. Cookies can be temporary (stored only for that session) or persistent (stored for an extended period of time on the user’s computer).
   
   We use temporary cookies to manage your interaction with our Platform. We also use persistent cookies, with your consent, to store your information to use during your next session such as login preferences, etc. All cookies can be disabled in your browser, however temporary cookies are required to utilize our platform.
   


4. Through Web Beacons.
   Web Beacons are harmless transparent GIF type images (usually 1x1 pixels in size) that are used to track receipt of, or access to, certain content. The most common use is to track when an email has been opened.


5. Through Log Files.
   We, like almost all responsible web sites, track the access to our platform through Log Files in order to monitor performance, detect or prevent unauthorized use, etc. This data is not linked to your personally identifiable data. The data collected includes IP address, referring/exit pages, OS, date/time stamp, browser type, device type, etc.

How we safeguard your data.

We take commercially reasonable measures to protect your Personal Data from unauthorized access, use, and disclosure. We use a privacy by design approach to develop our product, and use protective measures such as pseudonymization and the highest levels of SSL certificates.

How we use your data.

We primarily use your data to provide the services and capabilities contracted to our Customer. We also use your data to send notifications to you (such as changes to your profile), keep your account secure (including verifying your identity and helping to prevent fraud), customer support, improve and extend our platform capabilities, etc.

If you are a User of our company website (www.managemynest.com), we use any information you provide in order to send you requested information about MMN and our platform, keep you updated on the latest improvements and capabilities of MMN, etc.

We may also collect your information if provided for the purpose of knowing more about MMN such as from a trade show, seminar, event, site, etc. in which your data is similarly provided.

Sharing of your data with 3rd parties.

Other than for the exceptions listed below, we will not share your Personal Data with any third parties.

1. Exception #1: Service Providers – We may share your Personal Data with our contracted service providers that process your data on our behalf, such as hosting applications, payment processors, communication gateways, and various other features provided by our Platform.
   
   Please note that we do not store your sensitive billing/payment information when managing payments. However, the payment processor(s) chosen by our Customer (your community) to process these payments, may or may not collect your billing information. Please refer to our Customer (your community) for more information regarding their agreement with the payment processor.


2. Exception #2: Website Analytics – We share our website information with Google to analyze trends and improve your user experience. Information we may share includes the IP address from where you are connected, your browser, operating system, web pages accessed, and date/time stamps. This data is not linked to your personally identifiable data.


3. Exception #3: Business Transaction – If we sell or merge our business, your Personal Data may be disclosed or transferred to a third-party of the transaction as a business asset. Any acquirer will be subject to our obligations under this Privacy Policy.


4. Exception #4: Government and Law Enforcement – Your Personal Data may be disclosed to government agencies or law enforcement officials, when we, in our sole discretion, believe it is: i) necessary to protect our rights and interests; ii) necessary to protect the property and safety of third parties; or iii) that the law otherwise requires us to do so.

Accessing, Updating, or Deleting your Personal Data.

We have no direct relationship with the individuals whose Personal Data we process. If you are a user of one of our Customers, and you seek to access, update, or delete your record from our system, please direct your query to that Customer (your community). Or, you can contact MMN at info@managemynest.com and provide the name of the Customer who submitted your data to our services. We will refer your request to that Customer, and will support them as needed in responding to your request.

If we have personal data about you, collected outside of our Customer, upon a validated request, we will add, update, or delete the information.

Other Privacy Considerations

1. Links
   Our Platform may contain links to other websites or services. We are not responsible for the privacy practices of other websites, and we encourage you to read the privacy statements of each website.


2. Children
   We will not knowingly collect Personal Data from children under 13, unless provided by parents or legal guardians for safety purposes. If we learn that we have collected personal information of a children under 13 by any other means, we will delete it as soon as possible, provided that we may keep a record for legal purposes should it be deemed necessary.


3. Revisions
   We may modify and revise this Privacy Policy from time to time. If we make any material changes, we will notify you of the changes by posting a notice on our Platform.

Onward Transfer

We do not transfer data to third parties outside of our agents. We will obtain assurances from our agents that they will safeguard personal information consistently with this Policy

GDPR Data Processing Agreement

We have a Data Processing Agreement (DPA) that is an addendum to our Terms of Service (Agreement) and serves to allow our Customers, where applicable, to help comply with the DPA requirements of the European Union General Data Protection Regulation (GDPR). Our DPA can be viewed here: http://managemynest.com/PrivacyPolicyDPA.asp

For EU Individuals: Your Rights under the General Data Protection Regulation

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us using the contact information provided below and we will consider your request in accordance with applicable law. In some cases our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

For EU and Swiss Individuals: Data Privacy Framework Notice

Manage My Nest complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce (collectively, the “DPF”). MMN has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. MMN has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

With respect to personal data received or transferred pursuant to the DPF, MMN is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission or another U.S.-authorized statutory body.

As mentioned earlier, we have no direct relationship with the individuals whose Personal Data we process. If you are a user of one of our Customers, and you seek to access, update, or delete your record from our system, please direct your query to that Customer (your community). Or, you can contact MMN at info@managemynest.com and provide the name of the Customer who submitted your data to our services. We will refer your request to that Customer, and will support them as needed in responding to your request. If we have personal data about you, collected outside of our Customer, upon a validated request, we will add, update, or delete the information.

We will provide an opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents or the integrated services you or another account user have opted to use. We will also provide an opt-out choice, or opt-in for sensitive data, before we use your data for a purpose other than which it was originally collected or subsequently authorized.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

MMN does not transfer data to third parties outside of the listed exceptions in this Privacy Policy. MMN’s accountability for personal data that it receives in the United States under the DPF and subsequently transfers to a third party is described in the DPF Principles. In particular, MMN remains responsible and liable under the DPF Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless MMN proves that it is not responsible for the event giving rise to the damage.

In compliance with the DPF Principles, MMN commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to DPF. European Union and Swiss individuals with DPF inquiries or complaints should first contact MMN by email at info@managemynest.com.

MMN has further committed to refer unresolved privacy complaints under the DPF Principles to an independent dispute resolution mechanism, BBB NATIONAL PROGRAMS, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF complaint, or if your DPF complaint is not satisfactorily addressed, please visit https://bbbprograms.org/programs/all-programs/dpf-consumers for more information and to file a complaint. This service is provided free of charge to you.

If your DPF complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf.

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