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.
Last updated March 14, 2023
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.
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.
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”).
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.
“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.
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.
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.
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;
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.
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.
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:
Administrative Purposes. Layer may use Personal Information about you for its administrative purposes, including to:
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:
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.
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.
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.
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.
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.
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.
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.
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.
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 email@example.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.
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:
A real name, alias, Internet Protocol address, email address, account name, or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Protected classification characteristics under California or federal lawAge (40 years or older) for employment purposes
Internet or other electronic network activity
Browsing history, search history, information on a consumer's interaction with an internet website, application, or advertisement.
Inferences drawn from other personal information to create a profile about a consumer
Profile reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
The categories of sources from which we collect Personal Information and our business and commercial purposes for using personal information are set forth above. For purposes of the CCPA, we do not “sell“ Personal Information, nor do we have actual knowledge of any “sale“ of Personal Information of minors under 16 years of age.
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.
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.
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 firstname.lastname@example.org 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.
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
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/
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:
660 4th Street #558, San Francisco, CA 94107, USA