PRIVACY POLICY

Bowman Development is the developer at Nest (hereinafter collectively referred to as “Nest”) and is committed to collecting, using and disclosing the Personal Information provided to it by visitors to the Nest website found here (the “Site”) in compliance with all applicable federal and provincial privacy laws in Canada (Privacy Legislation).

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS YOUR USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND ANY SUBSEQUENT WITHOUT LIMITATION, YOUR CONSENT TO THE COLLECTION, STORAGE, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS SET OUT HEREIN. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS PRIVACY POLICY, PLEASE DISCONTINUE USE OF THE WEB SITE.

1. What is Personal Information?

The term “Personal Information” within this Privacy Policy means information about an identifiable individual, but does not include business information such as an individual’s name, position name or title, business telephone number, business address, business e-mail, business fax number and other similar business information (as long as such information is used for contacting the individual in relation to the individual’s business responsibilities and for no other purpose); or aggregated information that cannot be associated with a specific individual.

2. Personal Information Collected Through Nest Website

A visitor to the Site does not automatically provide Nest with Personal Information. However, the Nest web server may collect and retain certain information related to a computer’s visit to the Site such as the IP address and domain used to access the Site, the type and version of the browser used to access the Site, the date and time of the visit, the page that the Site was entered and exited by; and, the address of any referrer website if the visiting computer was referred to the Site by a search engine or other website.

Google Analytics

The Site uses Google Analytics™ to record the IP addresses of computers that connect to the Site. Google Analytics™ uses these addresses to generate geographically related statistics which assist Nest with the administration of the Site. Nest does not attempt to link the IP addresses of the computers that have visited the Site with the identities of individuals. More information regarding Google Analytics™ can be found here.

Cookies

The Site also uses “cookies” which are small data files transferred to a user’s hard drive by the web browser when a user visits the Site. A transferred cookie can only be read by the Site when a user returns to the Site. Cookies are used to identify users and track their preferences so that a user’s experience with the Site may be customized accordingly. If a user does not want to have a cookie placed upon their hard drive by the Site, most web browsers allow users to change this preference to disallow cookies; however, note that this could change the functionality of the Site.

3. Linking to Third Party Websites

The Site may contain links to third-party websites. These links are provided solely as a convenience to visitors to the Site and not as an endorsement by Nest of the contents of such third-party sites. Nest disclaims all responsibility for the privacy practices, policies, or other privacy related matters associated with the third–party websites to which the Site is linked. Nest recommends that visitors who link to third-party websites through the Site thoroughly review the privacy policies of those third-party websites prior to providing personal information.

4. Why Does Nest Collect, Use and Disclose Personal Information?

Nest collects Personal Information submitted by visitors to the Site as follows:

Through the “Contact” portion of the Site; or

when a visitor subscribes to receive updates and priority purchase information from Nest.

This Personal Information is used by Nest to establish or manage its relationship with visitors to the Site, to respond to the queries of visitors to the Site and to facilitate a visitor’s receipt of Nest information such as through updates and priority purchase information, e-mail push pages and our newsletter. You will not receive this information unless you have expressly signed-up to receive it, and individuals receiving these communications can opt out at any time.

If Nest requires the Personal Information that has been collected for other purposes other than expressly set out at the time of collection, it will identify and document any new purposes in accordance with Privacy Legislation and obtain consent of the individual where required.

5. Providing Consent

By providing Personal Information to Nest through the Site, a visitor’s consent to Nest using that Personal Information for the identified purposes is implied by Privacy Legislation.

Individuals who have provided Nest with their Personal Information may withdraw their consent to the collection, use and disclosure of Personal Information at any time upon reasonable written notice to Nest’s Privacy Officer, subject to legal or contractual restrictions. The withdrawal of an individual’s consent may affect Nest’s ability to continue to provide an individual with the products and services that the individual has or would like to receive.

Nest reserves the right to disclose Personal Information: (a) if such disclosure is made pursuant to a legal proceeding or as required/compelled by law; (b) to another business entity if Bowman Development plans to merge with or be acquired by that business entity; (c) to organizations involved in a merger involving Bowman Development or a transfer or sale of our shares, assets or business; or (d) to employees, agents and representatives of Bowman Development who have a need to know such information in connection with running or managing the Site or providing products or services pursuant to the Site. Other than these stated purposes, Nest will not disclose personal information without express written permission.

Nest will never sell your information to any other third party. Information used for marketing purposes will always be presented as anonymous, aggregate data. No individual will be singled out.

6. Protection of Personal Information

Physical, technical and procedural safeguards are utilized by Nest to protect the Personal Information provided to it from loss, theft, unauthorized access, disclosure, use, modification or destruction. The nature of the safeguards will vary depending upon the sensitivity of the Personal Information collected.

While Nest endeavours to protect and secure the Personal Information provided to it through the Site, data transmissions over the Internet are always subject to some risk of unauthorized access or disclosure. As a result, Nest does not warrant the security of the Personal Information provided to it through the Site and visitors assume any risk associated with the transmission of that Personal Information.

7. Accuracy of Personal Information

Nest will maintain the Personal Information provided to it for as long as it is reasonable and necessary to do so. Individuals have the responsibility of providing Nest with updates or changes to their Personal Information to ensure its currency and accuracy.

8. Individual Access to Personal Information

Upon written request, Nest will provide individuals with the opportunity to review the Personal Information that Nest has collected regarding them in accordance with the requirements of Privacy Legislation. Nest will advise the individual in advance of any charges for retrieval, reproduction or delivery of the Personal Information requested.

In certain situations as specified in Privacy Legislation, Nest may not be able to provide access to all the Personal Information that it holds about an individual. If, upon a request being made by an individual, access to her or her Personal Information cannot be provided, Nest will provide the reasons for denying access.

9. Changes to the this Privacy Policy

Nest reserves the right to amend this Privacy Policy at any time, including but not limited to comply with applicable laws. If Nest decides to amend this Privacy Policy, it will post the amended terms on the Site. Posting of amended terms shall constitute notice to you of such amendments, and all amended terms shall be effective immediately upon being posted to the Site. You are advised to check it each time you use the Website in order to ensure that you are aware of any changes and that they are acceptable to you. Your continued use of the Site after such modifications will constitute your: (a)acknowledgement of the modified Privacy Policy; and (b)agreement to abide and be bound by the modified Privacy Policy.

10. Responding to Inquiries or Concerns

Nest will maintain procedures for addressing and responding to all inquiries or complaints from individuals about Nest’s handling of Personal Information. Nest will investigate all complaints concerning compliance with this Website Privacy Policy. If a complaint is found to be justified, Nest will take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. An individual will be informed of the outcome of the investigation regarding his or her complaint.

11. Nest’s Privacy Officer

The person currently designated as Nest’s Privacy Officer is Dan Bowman.