DSTSherpa, LLC (“DSTSherpa,” “we,” “us,” or “our”) operates the 1031 Sherpa website at 1031sherpa.com and the 1031 Sherpa mobile application (collectively, the “Service”). This Privacy Policy explains what information we collect, how we use it, and the choices you have. By using the Service, you agree to the terms of this Privacy Policy.
The 1031 Sherpa calculator is a privacy-first tool. By default, the calculator runs entirely on your device, and no information about your scenario is transmitted to DSTSherpa or to any third party. Specifically:
PDF Report Download. If you choose to download a PDF report of your calculator scenario, you will be prompted to provide your email address through an in-app modal. At that point, the following information is transmitted to our hosting and form-processing provider, Netlify, and delivered to DSTSherpa:
You are not required to download a PDF in order to use the calculator, and you may run scenarios indefinitely without ever submitting your email. The PDF lead-capture step is triggered only when you affirmatively click “Download Report” and submit the email-gate modal.
Other Contact Forms. If you fill out any other contact form on our website (for example, to request a consultation, download a guide, or contact us with a question), we collect the information you submit, which may include:
All information submitted through forms is processed via our hosting provider, Netlify, and delivered to DSTSherpa via email or stored in our customer relationship management records.
Like most websites, our web hosting provider (Netlify) automatically logs basic technical information when you access the Service, including:
This information is retained by Netlify for security and operational purposes in accordance with Netlify's privacy practices.
The 1031 Sherpa iOS application does not collect data beyond what is described in Sections 2.1 and 2.2 above. The mobile app uses the same calculator and the same lead-capture mechanism as the website, so the PDF download flow described in Section 2.1 applies inside the app as well. The app does not request access to your camera, microphone, location, contacts, photos, health data, or any other device feature except as needed to invoke the iOS Share Sheet, which is operated by Apple. The iOS Share Sheet allows you to send PDFs or scenario links to your own contacts; the contents of your address book are not transmitted to DSTSherpa.
We use the information you voluntarily provide to:
We will not use your information for any purpose materially different from what is described in this Privacy Policy without your consent.
We share your information only in the following limited circumstances:
We do not share, sell, lease, or trade your personal information with advertisers, data brokers, or marketing partners.
We retain personal information you submit through contact forms for as long as necessary to fulfill the purposes described in this Privacy Policy, comply with our legal obligations, resolve disputes, and enforce our agreements. You may request deletion of your information at any time by contacting us using the information below.
We use commercially reasonable safeguards to protect personal information we collect. All form submissions are transmitted over encrypted HTTPS connections. However, no method of transmission or storage is 100% secure, and we cannot guarantee absolute security. You use the Service at your own risk.
The Service is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If we learn that we have collected information from a child under 13, we will delete it promptly. If you believe a child has provided us with personal information, please contact us.
You may at any time:
If you are a California resident, you have additional rights under the California Consumer Privacy Act and the California Privacy Rights Act, including the right to know what personal information we collect, the right to delete personal information, the right to correct inaccurate personal information, and the right to opt out of the “sale” or “sharing” of personal information. We do not sell or share personal information as those terms are defined under California law. To exercise your rights, contact us using the information below.
If you are located in the EEA, UK, or Switzerland, you have rights under the General Data Protection Regulation (GDPR) and equivalent UK/Swiss law. These include the rights of access, rectification, erasure, restriction of processing, data portability, and objection. The legal basis on which we process personal data is your consent (when you submit a contact form) and our legitimate interest in operating and securing the Service. You may withdraw your consent at any time. You may also lodge a complaint with your local data protection authority.
The 1031 Sherpa calculator, this website, the mobile application, and all related content (collectively, the “Content”) are provided solely for general informational and educational purposes. The Content is not, and should not be construed as, tax, legal, accounting, investment, securities, financial, or insurance advice. Nothing in the Content constitutes a recommendation, endorsement, solicitation, or offer to buy or sell any security, investment product, real property, Delaware Statutory Trust (DST) interest, or other financial instrument.
Your use of the Content does not create any attorney-client, accountant-client, fiduciary, advisory, broker-dealer, investment-adviser, or other professional relationship between you and DSTSherpa, LLC, its members, employees, contractors, or affiliates. You should not act, or refrain from acting, on the basis of any Content without first obtaining advice from a qualified tax professional, attorney, CPA, or licensed financial advisor who is familiar with your particular circumstances.
Calculator output consists of estimates based exclusively on the inputs you provide and on DSTSherpa, LLC’s current understanding of applicable federal and state tax rules. The calculator does not account for every fact or rule that may apply to your specific situation, including but not limited to: alternative minimum tax (AMT); the Medicare Net Investment Income Tax (NIIT) thresholds; state and local surtaxes, mansion taxes, transfer taxes, and recordation fees; related-party transaction rules under IRC §1031(f); installment sale treatment under IRC §453; partial exchanges, reverse exchanges, build-to-suit exchanges, and §1031 timing rules; depreciation method differences (MACRS vs. straight-line vs. bonus depreciation recapture); §1250 unrecaptured gain calculations; passive activity loss carryforwards; basis adjustments from prior exchanges or step-ups; trust, estate, partnership, or S-corporation pass-through considerations; non-resident state income tax obligations and clawback or claw-forward provisions; changes in marginal tax brackets; and the actual cost, timing, and structure of a qualified intermediary’s services. Actual tax outcomes may differ materially from any estimate displayed by the calculator.
Federal, state, and local tax laws change frequently and may change retroactively. The calculator and other Content reflect DSTSherpa, LLC’s understanding of the law as of the date last updated and may not reflect subsequent amendments, regulations, revenue rulings, court decisions, or administrative guidance. DSTSherpa, LLC has no obligation to update the Content.
The Content is provided “as is” and “as available,” with all faults, and without any warranty of any kind, express or implied, including without limitation any warranties of accuracy, completeness, currency, merchantability, fitness for a particular purpose, non-infringement, or freedom from error or interruption. DSTSherpa, LLC does not warrant that the calculator will produce correct results, that the Content will be available at any particular time, or that any defects will be corrected.
To the maximum extent permitted by applicable law, in no event will DSTSherpa, LLC, its members, managers, employees, contractors, affiliates, or licensors be liable to you for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages — including without limitation damages for lost profits, lost tax benefits, additional tax liability, penalties, interest, lost data, business interruption, reliance damages, or any other commercial damages or losses — arising out of or in connection with your use of, reliance on, or inability to use the Content, even if DSTSherpa, LLC has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, DSTSherpa, LLC’s total cumulative monetary liability to you for any and all claims arising out of or related to the Content, the Service, or this Privacy Policy is zero dollars ($0.00). In any jurisdiction whose law does not permit a complete exclusion of monetary liability, this Section 9.6 shall be deemed modified only to the minimum extent necessary to render it enforceable, and DSTSherpa, LLC’s liability shall be limited to the smallest amount permitted under the law of that jurisdiction.
You are solely responsible for any decisions you make in connection with the sale of investment property, a §1031 exchange, an investment in a DST or other security, or any other tax or financial matter. You agree to indemnify, defend, and hold harmless DSTSherpa, LLC and its members, managers, employees, contractors, and affiliates from and against any claim, loss, liability, demand, damage, cost, or expense (including reasonable attorneys’ fees and costs) arising out of or related to your use of the Content, your breach of this Privacy Policy, or any decision you make in reliance on the Content.
The Service may contain links to third-party websites or services. We are not responsible for the privacy practices of those third parties. We encourage you to review their privacy policies before providing any personal information.
We may update this Privacy Policy from time to time. If we make material changes, we will post the updated policy at this URL and update the “Last Updated” date above. Your continued use of the Service after any update constitutes your acceptance of the revised Privacy Policy.
If you have questions about this Privacy Policy or our privacy practices, or if you wish to exercise any of your rights, please contact us:
DSTSherpa, LLC
Email: peterandross@1031sherpa.com
Website: 1031sherpa.com
This Privacy Policy, and any claim or dispute arising out of or relating to this Privacy Policy, your use of the Service, or any Content provided by DSTSherpa, LLC, will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-laws principles.
EXCEPT AS PROVIDED IN SECTION 13.4, ANY DISPUTE, CLAIM, OR CONTROVERSY BETWEEN YOU AND DSTSHERPA, LLC ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, OR THIS PRIVACY POLICY (INCLUDING ITS FORMATION, INTERPRETATION, BREACH, OR ENFORCEMENT) SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator, in the English language, and seated in Philadelphia, Pennsylvania, unless you and DSTSherpa, LLC agree otherwise in writing. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.
YOU AND DSTSHERPA, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court of competent jurisdiction determines that this class-action waiver is unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) shall be severed and proceed in the courts described in Section 13.4, and all other claims and remedies shall remain subject to arbitration under this Section 13.
Notwithstanding Section 13.2, (a) either party may bring an individual action in small-claims court for claims that qualify, and (b) either party may seek injunctive or other equitable relief in the state or federal courts located in Philadelphia County, Pennsylvania to protect intellectual property rights, to enforce confidentiality obligations, or to prevent imminent and irreparable harm pending arbitration. You and DSTSherpa, LLC consent to the exclusive personal jurisdiction and venue of such courts for those purposes.
You may opt out of the arbitration and class-action waiver provisions of this Section 13 by sending written notice to peterandross@1031sherpa.com within thirty (30) days of your first use of the Service. The notice must include your full name, mailing address, email address, and a clear statement that you wish to opt out of the arbitration provisions in Section 13 of the DSTSherpa, LLC Privacy Policy. If you opt out, all other provisions of this Privacy Policy will continue to apply.
Any claim arising out of or relating to the Service must be filed within one (1) year after the cause of action arose; otherwise, the claim is permanently barred, to the maximum extent permitted by applicable law.