Layer Privacy Policy

Layer, Inc. (“Layer”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices (“Privacy Policy”). By using the Layer services, or visiting the Layer website at www.layer.com (collectively, the “Services”), you accept the practices outlined in this Privacy Policy.

Layer, Inc. complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Layer, Inc. has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/

Layer is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

What Does This Privacy Policy Cover?

This Privacy Policy covers Layer’s treatment of information that Layer gathers when you access or use the Services. This Privacy Policy does not cover (i) use of information by third parties we do not control, or (ii) information collected via third party mobile or software applications which utilize Layer’s development platform. If you’re accessing the Services via a third party application or service that is integrated with Layer, then such third party’s privacy policy will govern the use, storage and disclosure of your data in connection with such application or service.

What Information Does Layer Collect?

When you express an interest in obtaining additional information about the Services or registering to use the Services, Layer may collect certain contact information from you, such as name, organization name, address, email address, and phone number (collectively, “Contact Information”). When registering for the Services, you may be required to provide additional information that may include a credit card number or other banking or payment information (“Billing Information”).

As you navigate the Layer website, Layer may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons (“Site Information”). Site Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol (“IP”) address, and the actions you take on the Site (such as the Web pages viewed and the links clicked). Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

In connection with your use of the Services, Layer may collect information that is created or provided by you for such purposes (collectively, “Service Information”). This may include but is not limited to: (a) personal data, such as information you provide about other people such as contact information, phone number, email address, first and last names, and (b) usage data, such as messaging history, transaction dates, and read receipts.

Service Information may include information that is “Personally Identifiable Data,” meaning data which directly, or used in conjunction with other provided information, enables the identification of a specific individual.

Contact Information, Billing Information, Site Information and Service Information may be referred to, collectively, as the “Data.”

How does layer secure your information?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign- on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

How does layer use information?

Layer only uses Site Information internally to monitor, further develop, and improve the Services.

Layer uses a third party credit card processing provider to manage credit card and ACH processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing and ACH on our behalf, and is subject to confidentiality obligations restricting the disclosure of information collected to other third parties.

Layer uses Data to perform the services requested. For example, if you fill out a “Contact Me” Web form, Layer will use the information provided to contact you about your interest in the Services. You may opt-out of those communications by following the email opt-out instructions contained in each email.

Layer uses and stores Service Information only for the purpose of conducting business with you. For example, we will use your Contact Information to provide you with access to the Services you have ordered, as well as support services, technical updates or updates on changes in Layer’s policies. Layer may also use your Contact Information to send you company updates and marketing information. You may opt-out of those communications by following the email opt-out instructions contained in each email. You may not opt-out from non-marketing communications, including company updates, service notifications and other operational updates. Layer’s use of the Service Information is also governed by the agreement you enter into with Layer in connection with the Services (this “Services Agreement” is the Terms of Service or Master Services Agreement, as applicable). Please refer to the Services Agreement for specific provisions concerning confidentiality and data protection. In the event of any conflict between this Privacy Policy and the Services Agreement, the Services Agreement will control.

Layer may receive orders, subpoenas or other legal demands for Personally Identifiable Data that has been collected on behalf of third party providers integrated with Layer through the use of their applications or services. In such cases, Layer will refer the party requesting the Personally Identifiable Data to the applicable third party provider (our Customer). That provider will respond in accordance with its own policies and may disclose your Personally Identifiable Data in response to such subpoena or other demand for information. If you have questions about any such disclosures, you should contact the applicable provider directly, as Layer is not responsible for the policies and practices of such third party providers. Layer will have no liability in connection with any act or omission of any such provider with respect to your data or information or otherwise.

Customer forums and reference lists

Layer may post a list of Customers and testimonials on its website that contains information such as Customer names and titles. Layer may identify Customer by name, with or without use of the Customer’s trademark, in general promotional lists of Layer’s customers without Customer’s prior consent. Layer obtains the consent of each Customer prior to posting testimonials. Layer may provide bulletin boards, blogs, or help forums on its website. Any personal information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. Layer is not responsible for the personal information you choose to submit in these forums.

Will Layer Share Any of the Information it Receives?

We do not rent, sell or disclose your Data to anyone – except for the following limited purposes:

Agents: We may employ other companies and people to perform tasks on our behalf – meaning they are helping us provide our Services. We may share your Data with such companies/persons solely as necessary for them to help us provide the Services. Unless we tell you differently, Layer’s agents do not have any right to use Data we share with them beyond what is necessary to assist us.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if Layer, or substantially all of its assets, were acquired, or in the unlikely event that Layer goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party.

Protection of Layer and Others: We may be required to release Data pursuant to a lawful request by public authorities, including to meet national security or law enforcement requirements or when we believe in good faith that release is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of Layer, our employees, our users, or others. Law enforcement officials who believe that notification would jeopardize an investigation should obtain an appropriate court order or other appropriate process establishing that notice is prohibited. If your data request draws attention to an ongoing violation of our Services Agreement, we will take action to prevent further abuse, including actions that may notify the user that we are aware of their misconduct.

With Your Consent: Except as set forth above, you will be notified when your Data may be shared with third parties, and will be able to prevent the sharing of this information.

Layer is liable for appropriate onward transfers of personal data to third parties.

Conditions of use

If you decide to access or use the Services, any possible dispute over privacy is subject to this Privacy Policy and our Services Agreement, including limitations on damages, arbitration of disputes, and application of California state law.

Children

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register on the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at privacy@layer.com.

Access, Corrections and Deletions of information

Layer acknowledges that individuals have the right to access the personal information that we maintain about them. You may contact us in order to access, correct, amend or delete Contact Information or Billing Information you provided that is inaccurate. You may request such changes to your account by sending an e-mail to privacy@layer.com.

We will provide an individual opt-out choice before we share their data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To limit the use and disclosure of your personal information, you may submit a written request to privacy@layer.com.

Changes to this Privacy Policy

Layer may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes to this Privacy Policy, we will provide notice of such changes through a posting on the Layer website or through another reasonable means of communication. Users are bound by any changes to the Privacy Policy when he or she uses the Services after such notice has been provided.

Questions or Concerns

If you have any questions or concerns regarding privacy in connection with the Services, please send us a detailed message at privacy@layer.com. We will make every effort to resolve your concerns.

EU-U.S. and Swiss-U.S. Privacy Shield

Layer complies with the EU-U.S. Privacy Shield Framework and the

Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. Layer has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/.

In compliance with the US-EU and Swiss-US Privacy Shield Principles, Layer commits to resolve complaints about your privacy and our collection or

use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Layer at: privacy@layer.com

Layer has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to an independent dispute

resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacyshield/for-eu-consumers for more information and to file a complaint.

Finally, as a last resort and in limited situations, EU and Swiss individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

Effective Date of Privacy Policy first posted: August 7, 2014
Updated: April 16, 2017

Layer, Inc.
655 4th Street, 2nd Floor
San Francisco, CA 94107

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