Privacy Policy

1) About Us

We are Layer, Inc. (“Layer”, “us”, “we” or “our”), a corporation registered under the laws of the state of Delaware in the United States with its principal office address at 660 4th Street #558, San Francisco, CA 94107, USA.

2) About the Layer Services

We provide users (“you”, “your”) with services, delivered via the Layer website (currently located at https://layer.com (the “Site”), the Layer mobile applications, browser extensions, and/or any other platform or media through which we offer services that allow you to explore digital artworks (“Digital Artworks”) including in the form of non-fungible tokens (“NFTs”), find Digital Artworks and NFTs that may be of interest to you, receive recommendations of Digital Artworks and NFTs from Layer, and send, receive, store and display Digital Artworks and NFTs. To make this Privacy Policy easier to read, the Site, the Layer mobile applications, browser extensions and/or any other platform offering through which the foregoing services are provided are collectively called the “Services.”

3) About This Privacy Policy

This Privacy Policy informs you of Layer's policies and practices regarding the collection and use of Personal Information (as defined below) you submit to us or which we collect about you through our Services and informs you of options that you have to control or restrict the availability and use of your Personal Information. Wherever you reside or from whichever country you submit your information, you consent to our use of your Personal Information, consistent with this Privacy Policy, in the United States and in other territories where Layer provides its Services. The above said does not apply to you if you are in the European Union (EU) or the United Kingdom. Users in the EU and the United Kingdom should see the last section (“Additional Information for EU and UK Residents”), which will inform you in detail about the Personal Data we Process, how we Process it, for which purposes we Process it, with whom we share it, on what legal basis we Process and transfer your Personal Data and which rights you have regarding the Processing of your Personal Data.

4) Changes to This Privacy Policy

This Privacy Policy may change from time to time. We may revise this Privacy Policy in our sole discretion, so please review it periodically. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services. If at any point you do not agree to any portion of the Privacy Policy then in effect, you must immediately stop using the Services.

Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, Layer will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice as applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the individual for the Processing of Personal Information for a new purpose is otherwise required by law or contract, Layer will endeavor to comply with the law or contract and obtain such consent.

5) Your Account

You may choose to create a Layer account or you may use the Services without creating an account. Either way, we consider you a “User” of the Services. You may also have created an account through one of Layer's connected social networking communities or another third-party service integrated with Layer (“Partner Communities”). Once you have created an account you may choose to add a photo or other information to your profile (the “Layer Profile”).

6) Why Does Layer Collect Personal Information?

We want to give our Users the best possible experience, personalized for each User. We collect information to improve our Services, features and content, to administer your use of our Services, and to deliver content that we determine may be of interest to you.

7) Some Terms We Use in This Privacy Policy

“Agent” or “Processor” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, Layer or to which Layer discloses Personal Information for use on its behalf.

“Non-Identifying Information” means information that does not permit the identification of an individual person.

“Log Data” is derived by our servers automatically as you engage with the Services, which record information that your browser or mobile device sends whenever you interact with the Service.

“Personal Information” or “Personal Data” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) to a particular person or household (“Individual”).

“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

“Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, Layer or Layer's Agents.

8) What Information Does Layer Collect?

Layer will collect only that Personal Information which is relevant for the purposes of Processing that information as described in this Privacy Policy.

Account Information. If you choose to create a Layer account or connect through our Partner Communities, we may collect your name and e-mail address. If you register for our Services via a Partner Community, we will obtain certain Personal Information you have provided to the Partner Community (such as your name or e-mail address). If you enable interoperability with a Third Party application, such as OpenSea, Discord, or others, additional Personal Information that you have provided to that Third Party application may be collected and/or you may specifically authorize Layer to access certain information from such Third Party application. The information we obtain may depend on the privacy settings you have with the Partner Community or Third Party application and the information obtained may not be visible in your account. If you choose to personalize your Layer account, we will also collect any information (including Personal Information) you provide, such as your full name, username, your photo or avatar and any optional information you decide to supply about yourself and your interests. We will first seek your specific permission before we gain any access to your contacts should you wish to enable sharing through the Services.

Interactive Features. We may collect Personal Information that you submit or make available through our interactive features (e.g., your profile, likes and favorites, providing reviews or ratings, messaging and chat features, commenting functionalities, etc.). Any information you provide using the public sharing features of the Services, including your user profile if you create one, will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.

Sweepstakes or Contests. We may collect Personal Information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners.

Conferences, Trade Shows, and Other Events. We may collect Personal Information from individuals when we attend conferences, trade shows, and other events.

Business Development and Strategic Partnerships. We may collect Personal Information from individuals and third parties to assess and pursue potential business opportunities.

Job Applications. We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

Non-Identifying Information. We also collect some Non-Identifying Information about you and your interests as you navigate through and interact with our Services such as the URL of page(s) the titles and content of the pages you save to Layer. We may also receive Non-Identifying Information about you and your interests from other sources like Third Parties that add to their websites Layer widgets or Layer badges.

Log Data. When you interact with the Services, our servers automatically record information that your browser or device sends. This Log Data may include information such as your computer's IP address, browser type, and operating system, your mobile device identifier, the time of day of your access, and other analytics that help us deliver and monitor the effectiveness of our Services.

Information You Provide. When you enter any other information into any postings or comments, we may collect this information.

Contacting us. When you leave us feedback, write to us directly or otherwise communicate with us, we will collect any Personal Information that is contained in your feedback or comment form, which will include your e-mail address and other Personal Information that you may submit to us for reference or reply.

9) Does Layer Use Cookies or Other Tracking Methods?

On the Services, Layer and Third Parties that provide content, advertising, or other functionality on our Services may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our Services and to recognize you across devices.

Cookies. Cookies are small text files placed in visitors' computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users' engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

Social Media Widgets. Our Site includes social media features such as the Twitter “share“ or “like” buttons and Discord (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our Services and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.

The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note, you must opt out separately on each browser and on each device.

Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop website content. For more information about Google Analytics, please visithttp://www.google.com/policies/privacy/partners/. You can opt out of Google's collection and Processing of data generated by your use of the Services by going tohttp://tools.google.com/dlpage/gaoptout.

Our uses of such Technologies fall into the following general categories:

Operationally Necessary. We may use Technologies that are necessary to the operation of our Services. This includes technologies that allow you access our Services; that are required to identify irregular behavior on our Services, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as saved search, or similar functions;

Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use our Services, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our Services and content;

Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our Services,. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Services;

Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including advertisements relevant to your interests, on our Services or on Third Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

Your Options: Most browsers are initially set up to accept cookies and tracking pixels. You can reset your browser to refuse all cookies or to indicate when a cookie is being set. Instructions to remove persistent cookies can be found through outside resources. Mobile devices may contain settings that allow you to disable tracking, analytics and/or location data. Be aware, however, that if you choose to disable cookies or opt out of tracking or disengage similar features on your mobile device, some areas of the Services may not be optimized for your use, you may not be able to access any or all of the functionality of the Services, and your experience using the Services will be limited.

10) How Can You Edit or Remove Your Personal or Other Information?

You may choose to edit the Personal Information that is in your Layer account so that different or less information is available to be viewed. To remove other Personal Information that may not be visible in your account, you may contact us here with a request that we delete your Personal Information from our database or remove other information that you no longer wish to include as part of the Services. We will use commercially reasonable efforts to honor your request. In addition, if you are a California resident, please see the section titled “Supplemental Notice for California Residents“ below for more information about your rights with respect to your Personal Information. If you are a Nevada resident, please see the section titled “Supplemental Notice for Nevada Residents” below for more information about how you can direct us not to sell your Personal Information.

We may retain an archived copy of your records as required by law or for legitimate business purposes. When you receive messages from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “unsubscribe”. We may, however, still send you administrative messages regarding the Services.

11) How Does Layer Use Information Internally?

To Provide Services, or Information Requested. Layer may use information about you to fulfill requests for Services or information, including information about potential or future Services, including to:

• Generally manage Individual information and accounts;
• Respond to questions, comments, and other requests;
• Provide access to certain areas, functionalities, and features of Layer's Services; and
• Contact you to answer requests for customer support or technical support.

Administrative Purposes. Layer may use Personal Information about you for its administrative purposes, including to:

• Measure interest in Layer's Services;
• Develop new products and Services;
• Ensure internal quality control;
• Verify Individual identity;
• Communicate about Individual accounts and activities on Layer's Services and systems, and, in Layer's discretion, changes to any of our policies;
• Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
• Process payment for products or services purchased;
• Process applications and transactions;
• Prevent potentially prohibited or illegal activities;
• Enforce our Terms; and
• Complying with our legal obligations.

Marketing. Layer may use Personal Information to provide you with materials about offers and Services that may be of interest, including new content or Services. Layer may provide you with these materials by or email, as permitted by applicable law. Such uses include:

• To tailor content, advertisements, and offers;
• To notify you about offers, products, and services that may be of interest to you;
• To provide Services to you and our sponsors;
• For other purposes disclosed at the time that Individuals provide Personal Information; or
• Otherwise with your consent.

You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in “How do I Opt Out“ section below.

Research and Development. Layer may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing Services or develop new Services. We may engage Third-Party service providers to conduct surveys on our behalf, in which case, if you elect to participate in a survey, we may provide our service providers with your Personal Information for purposes of conducting the survey. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.

Services via Mobile Devices and Browser Extensions. From time to time, Layer may provide Services that are specifically designed to be compatible and used on mobile devices. Layer will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, mobile carrier, and the operating system of your device. Mobile versions of Layer's Services may require that users log in with an account. In such cases, information about use of mobile versions of the Services may be associated with accounts. In addition, Layer may enable Individuals to download an application, widget, browser extension, or other tool that can be used on mobile or other computing devices. Some of these tools may store information on mobile or other devices. These tools may transmit Personal Information to Layer to enable Individuals to access accounts and to enable Layer to track use of these tools. Some of these tools may enable users to email reports and other information from the tool. Layer may use Personal Information or non-identifiable information transmitted to Layer to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices Layer provides.

Other Uses. Layer may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, anti-fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

You agree that Layer is free to use the content of any communications submitted by you via the Services, including any profile photo or submissions, for any purpose including developing and/or marketing ourServices. Some examples of these uses include posting to our community blog (community.layer.com) and social media such as Twitter and Discord, subject to the applicable terms governing use of those social media services.

12) When Does Layer Share Information With Others, and with Whom?

Sharing Via Your Layer Account. The information provided in your Layer account that you select to be publicly displayed will be public information and any User will be able to view it. You may edit or hide information in your profile at any time so that it is no longer accessible to the public, but even if you delete your data, it may continue to exist within or displayed via the Services and/or be shared by other Users. Also, when you enter any information (including Personal Information), into the Services, this information, may be available to some, a subgroup of, or even all Users of the Services, depending on how and where this information was posted by you and with whom you have elected to share the posting or comment.

Aggregate Information & Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with Third Parties for industry analysis, demographic profiling, advertising, marketing and other purposes relating to our Services. Any aggregated information shared in these contexts will not contain your Personal Information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes.

Service Providers. We may employ Third Party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform maintenance and research services, or to assist us in analyzing how our Services are used (such as infrastructure providers, database management, web or mobile analytics and improvement of the Services' features).

Business Transfers & Affiliates. Layer may share Personal Information with our business partners and affiliates for our and our business partners and affiliates' business purposes or to provide you with a product or service that you have requested. Layer may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you.

If Layer or the assets of Layer are acquired by another company, then we may transfer or disclose your Personal Information, in connection with that acquisition or sale or transaction and Layer will direct the recipient of this information to assume the rights and obligations described in this Privacy Policy.

We also may share your Personal Information with affiliates in the same corporate family, such as parent entities, subsidiaries or minority-held entities, as Layer.

Marketing – Interest-Based Advertising and Third Party Marketing. Through our Services, we may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Layer related websites within their networks. This practice is commonly referred to as “interest-based advertising“ or “online behavioral advertising. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions in the “How do I Opt Out“ below.

Compliance with Laws & Law Enforcement. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: (i) comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) respond to your requests; (iii) protect your, our or others' rights, property, or safety; (iv) to enforce Layer policies or contracts; (v) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vi) if we, in good faith, believe that disclosure is otherwise necessary or advisable.

13) How Do I Opt Out?

General. You have the right to opt out of certain uses and disclosures of your Personal Information. Where you have consented to Layer's Processing of your Personal Information, you may withdraw that consent at any time and opt out to further Processing by contacting us here. Even if you opt out, we may still collect and use Non-Identifying Information regarding your activities on our Services and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as to determine the effectiveness of the advertisements.

Email. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Layer and our Services and you will not be able to opt out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

Mobile Devices. Layer may occasionally send you push notifications through our mobile applications and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. You may opt-out of this collection by changing the settings on your mobile device.

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Cookies and Interest-Based Advertising. As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on Third-Party websites that contain the AdChoices link and that link to this Privacy Policy may have been directed to you based on anonymous, Non-Identifying Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners' use of this information for interest-based advertising purposes.

14) Where and How Long Will Information Be Collected and Stored?

Layer is located in the United States. Accordingly, Personal Information we collect may be transferred to and stored in our servers or those of Third Parties that act on our behalf (such as hosting providers) in the United States or other countries outside of the European Economic Area. By using the Services you agree to such collection, transfer and storage outside of the European Economic Area or other territories where the Personal Information may have been collected.

Layer retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

15) How Secure Is the Information?

You should be aware that while we endeavor to take industry standard administrative, physical and technological measures to maintain the security of your Personal Information, we are not able to fully eliminate all security risks or potential breaches.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services.

16) What Is the Policy Towards Children?

The Services are not directed to children under 16 years of age, and Layer does not knowingly collect Personal Information from children under 16 years of age. If you are a parent or guardian and believe your child has provided us with Personal Information without your consent, you may alert us by contacting us at support@layer.com. If we become aware that a child has provided us with Personal Information in violation of applicable law, we will delete any such Personal Information, unless we have a legal obligation to keep it, and terminate the child’s account.

17) Supplemental Notice for California Residents

This Supplemental California Privacy Notice only applies to our processing of Personal Information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of Personal Information we collected about them and whether we disclosed that Personal Information for a business purpose (e.g., to a service provider) in the preceding 12 months. California residents can find this information below:

18) Additional Privacy Rights for California Residents

Non-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA.

Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, contact us as set forth below.

Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name and email address.

If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below in the “Contact Us” section. We will process such requests in accordance with applicable laws.

Financial Incentives. If you participate in a testing program or provide feedback at our request, we may, in our sole discretion, offer you a financial incentive for electing to participate. (1) If you elect to participate, we may offer you a gift card to thank you for participating. The amount of the gift card will be displayed at the time that we request that you participate in the testing program and/or provide feedback. For example, if we make the request via email, the amount of the gift card will be in the email. If you elect to participate, we will collect the following Personal Information from you: name, email address, and any other Personal Information you elect to provide to us. (2) All testing and feedback programs are voluntary. If you do not want us to collect your Personal Information in collection with a testing or feedback program, please do not participate. (3) You are free to withdraw from the financial incentive at any time by contacting us at the information provided in the “Contact Us“ section below, and notifying us of your preference to withdraw. (4) The Personal Information you provide via a feedback or testing program is valuable to us, because it helps us improve the Services. The value of the gift card we provide to you is a good-faith estimate of the value of your Personal Information to us. We calculate the value of your Personal Information based on average income for the targeted demographic.

Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium's Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

California Shine the Light. The California “Shine the right“ law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties.

19) What Policies Apply to Third Party Websites, Services and Applications?

The Services may contain links or integrations to Third Party applications, websites or services, and also may be accessed via Third Party applications, websites or services. Our display within the Services of links or referrals to other websites, services and applications does not signify our endorsement of such other websites, services or applications or their content. We have no control over, do not review, and cannot be responsible for these outside websites, services or their content. This Privacy Policy does not govern your visits to these other websites or services, and your access is entirely at your own risk. These other services and applications may set their own cookies on users, collect data, or solicit Personal Information. You should refer to any privacy policies on such services and applications to understand how your information may be collected and used, and should choose appropriate settings for sharing your Personal Information before proceeding to any integration with a Third Party service or application.

20) Supplemental Notice for Nevada Residents

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at support@layer.com with the subject line “Nevada Do Not Sell request“ and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

21) Additional Information for EU and UK Residents

In the course of using our Services, we may Process the following Personal Data:

Log Data. When you interact with the Services our servers automatically record information that your browser or device sends. This Log Data may include information such as your computer's IP address, browser type, and operating system, your mobile device identifier, the time of day of your access, and other analytics that help us deliver and monitor the effectiveness of our Services. This is necessary to enable you to use our Services. Further, we have a legitimate interest to evaluate the effectiveness of our Services. The legal bases for this processing activity are Article 6 sec. 1 sent. 1 lit. b, f GDPR.

Account Information. If you choose to create a Layer account, we may collect your name and e-mail address. We process this information to provide our Services to you. If you choose to personalize your Layer account, we will also collect any information (including Personal Data) you provide, such as your full name, username, your photo or avatar and any optional information you decide to supply about yourself and your interests. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. b GDPR (“performance of a contract”).

Information relating to your use of or interaction with Partner Communities. If you register for our Services via a Partner Community, we will obtain certain Personal Data you have provided to the Partner Community (such as your name, profile picture, e-mail address). If you enable interoperability with a Third Party application, additional Personal Data that you have provided to that Third Party application may be collected and/or you may specifically authorize Layer to access certain information from such Third Party application. The Personal Data we obtain may depend on the privacy settings you have with the Partner Community or Third Party application and the information obtained may not be visible in your account. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. f (“legitimate interest”) GDPR. We have a legitimate interest to optimize our services.

Profiling. We also collect some Personal Data about you and your interests as you navigate through and interact with our Services such as the URL of page(s) you view and the titles and content of the pages you save to Layer. We process this information as part of our Services to find and recommend new Digital Artworks and NFTs that may be of interest to you, and to allow you to send, receive, store and display Digital Artworks and NFTs and to provide a community of individuals with similar Digital Artwork and NFT tastes and interests as you. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 f (“legitimate interest”) GDPR. We have a legitimate interest to improve our Services and provide you the best user experience. We expect that this is also in line with your interests.

Contacting us. When you leave us feedback, write to us directly or otherwise communicate with us, we will collect any Personal Data that is contained in your feedback or comment form, which will include your e-mail address and other Personal Data that you may submit to us for reference or reply. This processing activity is based on your (implicit) consent according to Article 6 sec. 1 sent. 1 lit. a GDPR and/or Article 6 sec. 1 sent. 1 lit. b GDPR (“performance of a contract”), depending on the initial purpose for contacting us.

We use Technologies such as Cookies, Pixel Tags, Web Beacons, that are essentially small data files placed on your computer, tablet, mobile phone, or other devices (referred to collectively as a “device”) that allow us to record certain pieces of information whenever you visit or interact with our Servicesand to recognize you across devices. These Technologies may be

• Operationally Necessary. We may use Technologies that are necessary to the operation of our Services. This includes technologies that allow you access to our Services; that are required to identify irregular behavior on our Services, prevent fraudulent activity and improve security; or that allow you to make use of our functions such as shopping-carts, saved search, or similar functions. The legal basis is Article 6 sec. 1 sent. 1 lit. b GDPR (“performance of a contract”).
• Performance Related. We may use cookies, web beacons, or other similar technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use our Services, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our Services and content. We have a legitimate interest to evaluate the effectiveness of our Services. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. f GDPR (“legitimate interest”). These cookies include: “branch_session_first”, “iterate_hq”
• Functionality Related. We may use cookies, web beacons, or other similar technologies that allow us to offer you enhanced functionality when accessing or using our Services,. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Services. We have a legitimate interest to enhance the presentation of content on our Site. The legal basis for this processing activity is Article 6 sec. 1 sent. 1 lit. f (“legitimate interest”) GDPR. These cookies include: “AWSALB”, “_csrf”, “token”, “usr_sess”, “user_identified”, “reported_url_ids”
• Advertising or Targeting Related. We may use first-party or third-party cookies and web beacons to deliver content, including advertisements relevant to your interests, on our Site or on Third Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement. This Processing is based on Art. 6 sec. 1 sent. 1 lit. f DSGVO. We have a legitimate interest in analyzing user behavior in order to optimize our advertising. These cookies include: ”ajs_anonymous_id“, “ajs_group_id”, “ajs_user_id”, “_ga”, “_gat”, “_fbp”, “intercom”

Social Media Widgets. Our Services includes social media features such as the Twitter “like“ and “share” buttons and Discord (that might include widgets such as the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. These social media features are either hosted by a Third Party or hosted directly on our Services.

Opt-out. Most browsers are initially set up to accept cookies and tracking pixels. You can reset your browser to refuse all cookies or to indicate when a cookie is being set. Instructions to remove persistent cookies can be found through outside resources. Mobile devices may contain settings that allow you to disable tracking, analytics and/or location data. Be aware, however, that if you choose to disable cookies or opt out of tracking or disengage similar features on your mobile device, some areas of the Services may not be optimized for your use, you may not be able to access any or all of the functionality of the Services, and your experience using the Services will be limited.

Analytics. We may use Technologies to process analytics information on our Services. Specifically, we may use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop content. The Provider is Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. We have entered into a contract data processing agreement with Google.

Google Analytics uses so-called cookies (see above). The information generated by the Google Analytics cookies about your use of our Services is generally transmitted to a Google server in the United States and stored there. The corresponding evaluation of your surfing behavior is made available to us in anonymized form.

On behalf of the operator of this website, Google will use this information to evaluate your use of the website and the Services, to compile reports on website and Services activity and to provide other services related to website and Services activity and Internet usage to the website operator. The IP address transmitted by Google Analytics as part of Google Analytics will not be merged with other Google data.

Google Analytics cookies are stored on the basis of Article 6 sec. 1 sent. 1 lit. f (“legitimate interest”) GDPR. We have a legitimate interest in analyzing user behavior in order to optimize our website, mobile applications and our advertising.

You can prevent the use of Google Analytics at any time, either by installing a Google Browser Plugin that will set an opt-out cookie, or through appropriate settings in your browser. For more information, visithttps://tools.google.com/dlpage/gaoptout?hl=de andhttps://marketingplatform.google.com/about/analytics/terms/de/

For more information on the handling of user data at Google Analytics, see the Google Privacy Policy:https://support.google.com/analytics/answer/6004245?hl=de.

This website further uses the “Demographics” feature of Google Analytics. As a result, reports can be produced that contain statements on the age, gender and interests of the website visitors. This data comes from interest-based advertising of Google as well as visitor data from third-party providers. This data cannot be associated with a specific person. You can disable this feature at any time through the ad settings in your Google Account, or generally prohibit the collection of your data by Google Analytics as described above.

The legal basis is Article 6 sec. 1 sent. 1 lit. f (“legitimate interest”) GDPR. We have a legitimate interest in analyzing user behavior in order to optimize both our web website and our advertising.

Your rights. If you are a user based in the European Union or the United Kingdom, you may be entitled to exercise some or all of the following rights:

• Require (i) information regarding whether your Personal Data is retained and (ii) access to your Personal Data retained.
• Request rectification, removal or restriction of your Personal Data, e.g. because (i) it is incomplete or inaccurate, (ii) it is no longer needed for the purposes for which it was collected, or (iii) the consent on which the Processing was based has been withdrawn.
• Refuse to provide and – without impact to data processing activities that have taken place before such withdrawal – withdraw your consent to Processing of your Personal Data at any time.
• Object, on grounds relating to your particular situation, to processing of your Personal Data, in case such processing is based on our or a third party's legitimate interests or object to the use of your Personal Data for direct marketing at any time.
• Take legal actions in relation to any potential breach of your rights regarding the Processing of your Personal Data, as well as to lodge complaints before the competent data protection regulators.
• Require (i) to receive the Personal Data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and (ii) to transmit such Personal Data to another controller without hindrance from our side. Where technically feasible you shall have the right to have the Personal Data transmitted directly from us to another controller.

22) Contact Us

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

Layer, Inc.
660 4th Street #558, San Francisco, CA 94107, USA
support@layer.com