Layered Tech Privacy Policy

Layered Technologies, Inc. (together with its subsidiaries and affiliates, "Layered Tech") respects the privacy and security of its customers and users of its websites. Layered Tech strives to provide you with a personalized Internet experience that delivers to you the information, products and services that you need. In order to achieve this goal, Layered Tech sometimes collects information during your visits to our websites. Layered Tech promises that:

  • We do not and will not offer for sale, share, or lease any information given to us by you, except as disclosed in this privacy policy ("Privacy Policy").
  • Our Privacy Policy applies to prospective, current, and former customers and users.

We have prepared this Privacy Policy to enable you to understand which personal information of yours is collected, how and when we might use your information, how we protect your information, who has access to your information, and how you can correct any inaccuracies in the information. This Privacy Policy is not intended to and does not create any contractual or other legal rights in or on behalf of any party. Continued use of our websites shall constitute your consent to the processing and transfer of your data as set out in this Privacy Policy.

Adherence to Safe Harbor Privacy Principles

Layered Tech adheres to the Safe Harbor requirements published by the U.S. Department of Commerce, including the Safe Harbor Privacy Principles, pertaining to Personal Information (as defined below and as delineated by the EU Directive under the term "Personal Data") of customers and users that Layered Tech receives from the European Economic Area. Layered Tech's Safe Harbor certification can be found at http://web.ita.doc.gov/safeharbor/shlist.nsf/webPages/safe+harbor+list.

As such, Layered Tech's Privacy Policy and procedures for handling Personal Information are adequate for purposes of receiving personal data transfers from the European Union in compliance with Directive 95/46/EC of the European Parliament and of the Council of October 24, 1995 On the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data ("EU Directive"). However, customers and users should understand that adherence to the Safe Harbor Privacy Principles may be limited to the extent necessary to meet national security, public interest, law enforcement, or judicial process requirements; or if the effect of the EU Directive or European Union Member State law is to allow exceptions or derogations, provided such exceptions or derogations are applied in comparable contexts.

For more information about the Safe Harbor Principles, please visit the U.S. Department of Commerce's Website at http://www.export.gov/safeharbor/sh_overview.html.

Information We Collect

Layered Tech collects certain information from and about its users in three ways: (i) from our web server logs, (ii) with cookies and (iii) directly from the user.

Web Server Logs
When you visit our websites, Layered Tech may collect "Non-Personally Identifiable" information to administer the site and analyze its usage, such as:

  • Your Internet protocol address (explained below);
  • The type of browser or computer you use;
  • The number of links you click within our website;
  • The state or country from which you accessed our website;
  • The date and time of your visit;
  • The name of your Internet service provider;
  • The Web page from which you linked to our website; and
  • The pages you viewed on our website

Internet Protocol ("IP") Address
An IP Address is a number assigned to your computer while using the Internet from which Web servers can automatically identify your computer. Layered Tech servers gather your IP address and the webpage from where you linked to our website. Your IP address assists Layered Tech in administering and optimizing the website for you, analyzing website usage, and diagnosing problems with the website.

Cookies
Our websites use cookies (i.e., small bits of text that our servers place into a file on your computer's hard drive). We use cookies to save your preferences and login information, and provide personalized functionality. Cookies may also store Personal Information (defined below) you have entered so that you do not have to continually reenter the same information. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on Layered Technologies' websites.

Layered Tech may also allow third party applications on our websites to send cookies, but these applications do not have access to read Layered Tech's cookies. Other companies' use of their cookies is subject to their own privacy policies, not this one.

Personal Information
On some pages of our websites, users can register to purchase products or services, receive personalized content and participate in surveys, forums, blogs, etc. When you register, Layered Tech may ask you for some "Personal Information" which may include, but may not be limited to, your full name, postal address, phone number and email address. We may then contact you with information about Layered Tech products and services.

If you purchase products or services, we may also request financial information such as credit card or bank account information. Any financial information we collect is used only to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.

Additional Information
As a security measure and to ensure that our websites and computer network remain available to all customers, Layered Tech may use software programs to monitor network traffic or to identify unauthorized attempts to upload or change information, or otherwise cause damage. These software programs may also collect information regarding your use of our websites and computer network.

You may also be asked to disclose Personal Information to us so that we can provide technical support assistance and information to you. For example, we may collect Personal Information from you (such as an email address, system information and problem descriptions) in order to provide online technical support and troubleshooting. If you choose to correspond with us through electronic communication (e.g. email, online chat or instant messaging), we may retain a copy of the electronic communication together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received by mail and telephone.

Server Hosting Data Collection
As a server hosting service provider, Layered Tech provides access to servers for customers around the globe to store and manage their data and applications. Layered Tech does not own this specific data and is not a "controller" as outlined in the EU Directive. To the extent that Layered Tech is exposed to customer or user data, Layered Tech adheres to the Safe Harbor Privacy Principles.

How We Use Your Information

Layered Tech uses the information we collect to notify you about your account and to notify you about changes to the terms and conditions governing your use of our websites, products and services. We may also use the information we collect to notify you about other products and services we think you will find valuable and about special offers. You may notify us of your desire not to receive notifications relating to new products and services and special offers by "opting-out" as provided for below.

Our employees, contractors, or Agents will at times require access to your Personal Information. Layered Tech permits access to such information only for business purposes, such as administration and developing our products or services.

In no instance will Layered Tech use your Personal Information in a manner inconsistent with the purposes described herein without your prior consent pursuant to the Opt-In and Opt-Out Provisions below.

Information Released

Layered Tech may release some customer Non-Personally Identifiable information, our websites' traffic patterns, and related website usage information to our affiliates and reputable third parties on an aggregated basis. We take measures to select product or service providers that are responsible and afford similar privacy protections to their customers. However, we do not make any representations about the practices and policies of these companies.

Layered Tech may share or disclose Personal Information with Agents ("Agents" are persons or companies who act on behalf of or under the instructions of Layered Tech) in connection with administering or delivering Layered Tech products and services. Prior to disclosing Personal Information to its Agents, Layered Tech will either: (a) ensure that the Agent subscribes to the Safe Harbor Privacy Principles, (b) assess whether the Agent is subject to the EU Directive, (c) determine that the Agent complies with another "adequacy" finding or (d) execute a written agreement with the Agent requiring the Agent to provide at least the same level of privacy protection as the Safe Harbor Privacy Principles. Layered Tech will not otherwise disclose your Personal Information to third parties without first obtaining your consent pursuant to the Opt-In and Opt-Out Provisions below.

SPECIAL CASES OF RELEASE
Both Personal Information and Non-Personally Identifiable information may be transferred to a third party:

  1. As required by law, in a matter of public safety or policy, or as compelled by a court of law
  2. In the event of a change of ownership or assets; and
  3. To affiliated entities of common control, such as subsidiaries and parent companies. The use of your information by these affiliates of common control will comply with this Privacy Policy.

Contacting You Directly

Layered Tech may contact you directly through the email address or other information you provide to confirm information or purchases we have successfully received from you. Layered Tech may also contact you to respond to your questions, to provide the services you request, to manage your account, to inform you of service announcements, and/or to notify you of special offers or other information, products or services we think you will find valuable.

Opt-Out Provision

If you receive a promotional email from Layered Tech or our marketing partners, you may use the provided ‘Unsubscribe' link to remove yourself from future mailings. You may also "opt out" of promotional emails by contacting us at info@layeredtech.com. To delete your Personal Information, contact us at info@layeredtech.com and Layered Tech will take reasonable efforts to delete a user's Personal Information from its database and/or third-party sites. However, please note that it may be impossible to entirely delete a user's Personal Information because some residual information may reside on backups or records of deletions. We may require the retention of a minimal amount of contact information from active or former clients in order to maintain service-related communications and/or billing history.

Layered Tech will always offer you the opportunity to opt out before your Personal Information is:

  1. disclosed to a third party that is not an Agent of Layered Tech; or
  2. used for a purpose that is inconsistent with the purpose(s) for which it was originally collected (as we have explicitly described to you in this Privacy Policy or at the time you provided such information) or as you subsequently authorized.

Additionally, if a user's Personal Information to be disclosed or used in the above situations is "Sensitive Information" (i.e. Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or information specifying the sex life of the individual), Layered Tech will first obtain your explicit consent by requiring you to "opt in" prior to such uses or disclosures of Sensitive Information.

Third Party Sites

Layered Technologies' websites may include links, ad banners, etc. to other websites which may or may not be affiliated with Layered Tech. Notwithstanding any affiliation, Layered Tech does NOT control and is NOT responsible for the information and/or content you provide to and transactions you engage in with such third party sites. Please be aware that the operators of these other websites may collect and use different information about you that is not consistent with Layered Tech's Privacy Policy. For any concerns as to the privacy of your information on these websites, please refer to their respective privacy policies.

Children

In accordance with the Children's Online Privacy Protection Act (COPPA), Layered Tech does not knowingly collect or solicit any Personal Information from children under the age of thirteen (13).

How We Protect Your Information

Layered Tech has employed the use of electronic security measures to protect against the loss, theft, misuse, alteration, or unauthorized disclosure of your information submitted to our websites. These measures include firewalls, use of passwords, anti-virus and detection software.

When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ("SSL") technology. However, please note that electronic communication (e.g. email, online chat or instant messaging) that you may send to us may not be secure unless we advise you in advance that security measures will be in place prior to your transmitting the information. For that reason, we ask that you do not send confidential information such as financial information, social security numbers or passwords to us through unsecured electronic communication.

Content Placed in Public

Some pages of Layered Technologies' websites may make chat rooms, forums, message boards, news groups or instant messaging available to you. Please remember that any information disclosed in these areas is public. You should exercise caution when disclosing Personal Information in these areas. Don't disclose information in these public forums that might be considered confidential – such as financial information, social security numbers, passwords or email addresses. Users should be aware that when they voluntarily disclose Personal Information on the bulletin boards or in the chat areas, that information and any substantive information disclosed in the communication can be collected and used by third parties. This could result in unsolicited messages from others who post on such sites and are beyond the control of Layered Tech.

You represent and warrant that posting content to any public area of Layered Technologies' websites will not infringe or violate the rights, including but not limited to intellectual property rights, such as copyrights, patents, trademarks and trade secrets and rights of privacy and publicity of any third party.

Transfer of Data Abroad

If you are visiting Layered Technologies' websites from a country other than the countries in which our servers are located, the various communications will necessarily result in the transfer of information across international boundaries. By visiting our websites and communicating electronically with us, you consent to the processing and transfer of your data as set out in this Privacy Policy.

Access to Your Personal Information and Correction of Inaccuracies

If you wish to access and/or update the Personal Information we have collected from you, you may either a) as a registered user, log into the associated account and view and change your information online; or b) contact us at info@layeredtech.com.

Modifications to the Privacy Policy

Layered Tech hereby reserves the right to amend, alter, modify, replace or suspend this Privacy Policy, from time to time, in its sole discretion. All such changes to this Privacy Policy will be effective when posted on Layered Technologies' primary website, www.layeredtech.com.

Ensuring Compliance with the Privacy Policy

Layered Tech uses a self-assessment approach to ensure compliance with this Privacy Policy and periodically verifies that the Privacy Policy is accurate, comprehensive for the information intended to be covered, prominently displayed, completely implemented and accessible and in conformity with the Safe Harbor Privacy Principles.

Questions or Concerns

If you have any comments, questions or disputes regarding this Privacy Policy or the use and disclosure of Personal Information, please contact Layered Tech via email at legalnotice@layeredtech.com and we will investigate and attempt to resolve your concerns. If we are unable to resolve your complaint or dispute internally, Layered Tech has elected to use the Better Business Bureau (BBB) as a third party dispute resolution provider OR subject itself to the European Data Protection Authorities.

Effective Date of this Privacy Policy

This Privacy Policy is effective as of August 16, 2011.