This Privacy Policy explains the information that Layer collects when you use our products and Service or otherwise interact with us, how that information is used, with whom it may be shared, and your privacy choices.
1. Introduction
Thank you for using the Layer platform and the software and hardware products, Service and features we make available to you as part of the platform (collectively, the “Service”). The Service allows you to discover, watch and view generative art and other content. The entity providing the Service is Layer, Inc, a company located in Hollywood, California, U.S.A. (referred to as “Layer”, “we”, “us”, or “our”).
By registering for, downloading, or using our Service, you accept this Privacy Policy, which is part of our Terms of Service. We may modify this Privacy Policy from time to time. We will post any modified version of our Privacy Policy at https://layer.com/privacy. If we change the Privacy Policy in a way that materially lessens our commitments to you, we will provide notice to registered users by email or other methods.
2. Children's Privacy
We do not knowingly collect personal information from individuals who are under the minimum required ages specified herein. You must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater, to use our Service. Individuals under the applicable age may use our Service only through a parent or legal guardian's account and with their involvement. If you are a parent or legal guardian who believes your child has provided personal information to Layer without your consent, you may ask us to delete such information by contacting us at https://layer.com/contact-us.
3. Data We Collect About You
We collect information about you when you use our Service. In addition, third parties may collect information about you when you use our Service. Collected information may include or reflect personal information that could identify you, as well as non-personal information. We refer to your information as "your data" for short.
Account Information - To create an account, you must provide a valid email address and password. If you choose to sign-up and/or authenticate using a third-party account (e.g., Facebook, Google), you authorize us to obtain account information from the third-party platform.
Financial Information - To make a purchase, you may need to provide a valid payment method (e.g., credit card or PayPal account). Your payment information will be collected and processed by our authorized payment vendors. We do not directly collect or store credit or debit card numbers ourselves in the ordinary course of processing transactions. If we allow purchase through a third-party platform (i.e., in-app purchase), the payment method stored with the third-party platform will be charged. If you choose to make a purchase via bank transfer, you must provide the relevant bank account details. If you sell items or earn money from advertising through our Service, you must provide an account to receive funds and tax information, which may include your name, address, and taxpayer identification number.
Content You Submit - You may upload and create content such as videos, text, photographs, and artwork (“Content”). Your account profile may display information about you and your activities. This information may be accessed by others. Your Content may be viewed and otherwise accessed by others, and associated metadata (e.g., titles, closed captions, descriptions, tags, etc.) may be viewable by others.
Other Information You May Submit - You may submit data to us for limited purposes, such as requesting customer support; participating in a study or survey; entering contests or sweepstakes; applying for a job; or signing up to receive communications from us or another user.
Automatically Collected Information - We automatically collect certain types of data when you use our Service, regardless of whether you have an account. This data includes your IP address, technical information about your device (e.g., browser type, operating system, basic device information), the web page you visited or search query you entered before reaching us, and your activities. We may track your activities using cookies and similar technologies. By using our Service, you agree to our use of these methods.
Physical Products - We collect your shipping address to send you products you have ordered.
Information Collected by Third Parties - Some third parties may collect data about you when you use our Service. This may include data you submit (such as payment information) or automatically collected information (in the case of third-party analytics providers and advertising partners). We may obtain data from third parties about you. We may combine that data with information that we have collected.
4. How We Use Your Data
We may use your data for the following purposes:
We may use algorithms, machine learning, and other automated means to implement any of the above.
Whenever we process your data for one of these purposes, we have determined that one or more of the following lawful bases apply:
If you require further information about the balancing test that Layer has undertaken to justify its reliance on legitimate interest as a lawful basis of processing, contact us at https://layer.com/contact-us.
5. With Whom We Share Your Data
We share data with third parties as follows:
We use reasonable efforts to vet vendors for their privacy and data security practices. We require that such vendors agree to protect the data we share.
6. Legal and Safety-Related Disclosures
We may disclose your data in response to official requests (e.g., court orders, subpoenas, search warrants, national security requests, etc.) ("requests") that we receive from government authorities or parties to legal proceedings.
We handle U.S. requests in accordance with U.S. law. If the request originates from a foreign jurisdiction, we will typically disclose information where we in good faith believe that disclosure is permitted by both U.S. law and local law. In all cases, we may raise or waive any legal objection or right available to us, in our sole discretion.
We may disclose user data where we reasonably believe that someone's life is at risk. For example, if we become aware of a person threatening to commit suicide, we may share that person's data with appropriate entities that may have the ability to help. We may disclose user data in situations involving legal claims against us or one of our users. If you submit a takedown notice, we may share that notice with the affected user. If you challenge such a notice, we may share your response with the complainant. We may share your data with potential transaction partners, advisors, and others in the event our company is, in whole or part, acquired by a third party. In such case, we will use reasonable efforts to require the acquiring entity to comply with this Privacy Policy.
7. Data Retention
We retain your data for as long as you have an account. When you close an account, we will delete your data. We may retain logs of automatically collected information (for internal analytics and security purposes); your email address; your tax information; communications with you; and your transactional information (for auditing, tax, and financial purposes). When we no longer have a business reason for retaining your data, we will delete or anonymize it. If we receive legal process pertaining to your account, we will retain your data for as long as we in good faith believe is necessary to comply with the legal process. Similarly, if we believe that your account has been involved in wrongdoing, we may preserve your data to defend or assert our rights.
8. Your Privacy Choices
We enable you to make numerous choices about your data:
Users in certain jurisdictions may have additional rights, as described below.
9. Cookies and Similar Tracking Technologies
Layer uses cookies and similar tracking technologies. By using any of our websites, apps or players, you consent to the placement and use of cookies and similar technologies on your device.
A cookie is a small text file that is stored in your web browser that allows Layer or a third party to recognize you using a unique identifier. First-party cookies are set by Layer. Third-party cookies are set by companies other than Layer, such as analytics providers and advertisers. "Essential" cookies enable services we offer. "Non-essential" cookies help us understand how our services are being used (i.e., analytics) and deliver advertisements. Some cookies may track you across multiple websites you visit (including ones not operated by us) to help deliver advertisements that may be relevant to you.
Cookies may be either "session" or "persistent." A session cookie expires (i.e., is deleted) when you close your browser. A persistent cookie remains until it expires or you delete the cookies via your browser settings. Expiration dates are set in the cookies themselves and may vary in length, depending on the purpose of the cookie. We use all types of cookies in our web-based services.
When you visit a Layer website, Layer and third parties will set cookies in your browser. Layer sets essential cookies to enable certain features and remember your preferences. For example, cookies keep you logged in, allow you to purchase items, and maintain your language and volume settings. Third parties set cookies for both essential and non-essential purposes. These third parties may use cookies, web beacons, and other storage technologies to collect or receive information from our websites and elsewhere on the internet, and use that information to provide measurement services and target ads.
You may limit the cookies set in your browser by taking the steps described below. Note that declining cookies may impact your ability to use our services.
You may change your browser’s settings to delete cookies that have already been set and to reject new cookies. To learn more, visit the help pages of your browser. You may also visit our sites in your browser’s "private" or "incognito" mode, in which case cookies will be set, but deleted when you close your browser.
Third party advertising opt-outs: Certain third parties provide ways to opt out of advertising cookies across multiple sites. You can learn more by visiting the sites of the Network Advertising Initiative (https://optout.networkadvertising.org) or the Digital Advertising Alliance (https://www.aboutads.info). In addition, there are third party plug-ins and apps that help manage cookies. Google provides ways to manage or opt out of certain of its advertising cookies (https://adssettings.google.com) and analytics cookies (https://tools.google.com/dlpage/gaoptout). You may read Google’s Privacy Policy at https://policies.google.com/privacy.
We use technologies that resemble cookies to help track user activities and preferences. For example, we may use web beacons (tiny graphics with a unique identifier embedded on web pages or emails) to track your activities and communicate with cookies. You cannot opt out of web beacons used on webpages, but you can limit their use by opting out of the cookies they interact with. You can opt out of web beacons used in emails by setting your email client to render emails in text mode only.
Our apps do not use cookies, but may use tracking technologies to, for example, authenticate you as a registered user, allow you to use the app’s features, and help us understand how our apps are being used. You cannot opt out of these mobile tracking technologies, but you may delete your apps and use the web versions of our services instead.
10. Communications from Us
Emails - If you create an account, you may receive commercial emails from us. This includes newsletters and offers. You may always opt out from receiving commercial messages in your account settings. Please note that any opt-out request may take several days to process and you will continue to receive transactional emails from us (e.g., emails confirming transactions and/or providing information about your account).
Mobile Device Communications - We may, with your consent, send push notifications in our apps. You may disable these by declining them or changing the app's settings. To the extent provided, we may, with your consent, send SMS messages to your mobile telephone for authentication and security purposes. You may opt out of receiving such messages at any time.
11. Protecting Your Information
We use physical, technical, and organizational security measures to safeguard your data from unauthorized or accidental disclosure. Despite these efforts, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Users also have a role to play in keeping their data safe. We encourage you to use a unique and hard-to-guess password for your account and to not share it with others. You should only grant access rights to people who you know and trust, and, even then, you should be careful in granting all access rights. You should monitor your account regularly. If you believe that someone has gained access to your account without your permission, please contact us immediately so that we can investigate.
12. International Data Transfers; Certain User Rights
Layer is based in the United States, and we provide the Service to U.S. persons using computer systems, servers, and databases located in the U.S. and other countries. If you use our Service from outside of the U.S., your information may be transferred to and processed in the U.S. Please note that U.S. data and privacy laws may not be as comprehensive as those in your country.
13. U.S. State Privacy Disclosures and Consumer Rights
Under applicable U.S. Privacy Laws, Consumers have the following rights, which can be exercised directly or, in certain cases, through an authorized agent:
Right to Limit Sensitive PI Processing - You may, depending on your state of residency, have the right to direct businesses to limit their use and disclosure of Sensitive PI if we use or disclose it beyond certain internal business purposes. Where applicable, we will treat such a request as a revocation of any consent that you may have provided to your processing of Sensitive PI.
Right to Know -
Right to Confirm - You have the right to confirm if we are processing your PI and to access your PI, as just stated in the two immediately prior paragraphs.
Right to Delete - You have the right to request that we delete some or all of the PI that we have about you. Deleting all data will typically require the deletion of your account, along with all content, including your videos. After we confirm that your deletion request is verified, subject to permitted retention exceptions, we will carry out one or more of the following: (i) permanently erase your PI on our existing systems with the exception of archived or back-up systems, (ii) de-identify your PI, or (iii) aggregate your PI with other information. Where legal exceptions will apply to your request for deletion, we will tell you which one(s) and will limit retention to the permitted purpose(s) under U.S. Privacy Laws.
Right to Correct - You have the right to request that we correct inaccuracies that you find in your PI maintained by Layer.
Do Not Sell/Share/Target - Under the various U.S. Privacy Laws, Consumers have the right to opt-out of certain processing activities. California and certain other states have opt-outs specific to Targeted Advertising activities - which California’s law refers to as “cross-context behavioral advertising,” and others simply as Targeted Advertising - which involve the use of PI from different businesses or services to target advertisements to you. California provides Consumers the right to opt-out of Sharing, which includes providing or making available PI to third parties for such Targeted Advertising activities, while other states provide Consumers the right to opt-out from processing PI for Targeted Advertising more broadly. There are broad and differing concepts of the Sale of PI under the various U.S. State Privacy Laws, all of which, at a minimum, require providing or otherwise making available PI to a third party. “Third-Party Digital Businesses” are third-party business partners, including social media platforms and other tech companies that offer digital advertising services, which may operate tracking technologies that collect PI about you on our Services (“cookie PI”), or otherwise collect and process PI that we make available about you, including digital activity information and traditional PI such as email address (“non-cookie PI”). We will treat PI collected by Third-Party Digital Businesses as implicating Sale, Sharing, and/or processing for Targeted Advertising where required, and accordingly apply opt-out requests that you make to such activities, as we describe in further detail below. When you opt-out pursuant to the instructions below, it will have the effect of opting you out of Sale, Sharing, and processing of your PI for Targeted Advertising, such that our opt-out process is intended to combine all of these state opt-outs into a single opt-out. Instructions for opting out are below. Please note that there are distinct instructions for opting out of cookie PI and non-cookie PI. If you would like to submit a request to opt-out of our processing of your non-cookie PI (e.g., your email address) for Targeted Advertising, or opt-out of the Sale or Sharing of such data, contact us at https://layer.com/contact-us. If you would like to submit a request to opt-out of our processing of your cookie-related PI for Targeted Advertising, or opt-out of the sale/sharing of such PI, you can exercise an opt-out request. A tool is available on our website, which you can access via the “Your Privacy Choices” link in the footer to exercise your opt-out rights. You must exercise your preferences on each of our websites and apps you visit, from each browser you use, and on each device that you use. Since your browser opt-out is designated by a cookie, if you clear or block cookies, your preferences will no longer be effective and you will need to enable them again.
Some U.S. Privacy Laws require us to state that we do not knowingly Sell or Share the PI of Consumers under the age of 16.
Global Privacy Control or “GPC” - Some U.S. Privacy Laws require businesses to process GPC signals, which are referred to in some states as opt-out preference signals. GPC signals are signals sent by a platform, technology, or mechanism, enabled by individuals on their devices or browsers, that communicate the individual’s choice to opt-out of Sale, Sharing, and/or Targeted Advertising or limit the use and disclosure of their Sensitive PI, such that the GPC signal effectively automatically communicates such requests. To use GPC, you can download an internet browser or a plugin to use on your current internet browser and follow the settings to enable the OOPS/GPC. To our knowledge, we have configured the settings of our consent management platform to receive and process GPC signals as required by the U.S. Privacy Laws on our websites. We will apply GPC signals as Do Not Sell/Share requests as to cookie PI. Due to technical limitations, we are unable to apply GPC signals to non-cookie PI; however, you can make a DNS/Share request as to non-cookie PI at our webform as just described above. Notably, when you are visiting our website on a particular device and browser, we will apply the GPC signal and corresponding Do Not Sell/Share/Target as to cookie-PI only to that specific device and browser. You must re-enable GPC if you visit our website on a different device and/or browser. We are required by certain U.S. Privacy Laws to state that we do not: (1) charge any additional fees for use of our websites if you have enabled GPC; (2) change your experience with our websites if you use GPC; or (3) display a notification, pop-up, text, graphic, animation, sound, video, or any interstitial in response to GPC (except that we may from time-to-time display on our website or consent management platform that you have enabled GPC).
Automated Decision Making and Profiling - We may engage in processing that constitutes automated decision-making or profiling under the CCPA. We do not believe we carry out profiling in furtherance of decisions that produce legal or similarly significant effects. If we change our practices, we will change this policy and provide you with the right to opt out of such activities as required by the applicable U.S. Privacy Laws, subject to any applicable exceptions.
Right to Non-Discrimination - You have the right not to receive discriminatory treatment, in a manner prohibited by U.S. Privacy Laws, for the exercise of your privacy rights.
Right to Appeal - Residents of certain states have the right to appeal a decision regarding a privacy request. You can exercise this right by responding to the email we send containing our response to your request, and following the instructions in such email.
California - Under California’s “Shine the Light” law, California residents have the right to opt out of disclosing information to third parties for the purpose of allowing such third parties to directly market their products and services. At this time, we do not engage in this type of disclosure. Although our online service(s) are intended for an audience over the age of 18, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us at https://layer.com/contact-us, detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
Nevada - Nevada residents have the right to opt out of the sale of certain "covered information" collected by operators of websites or online services. We currently do not sell covered information, as "sale" is defined by such law, and we don't have plans to sell this information. However, if you would like to opt out of the future sale of personal information covered by the Act, you can provide us with your name and email address here. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time, we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out.
15. How to Contact Us
For any questions, inquiries, or complaints relating to your privacy, please contact us at https://layer.com/contact-us.