Privacy Policy

Privacy Policy

Last updated: 01/05/2023

At LAYA Platform we are committed to protecting your Personal Information and to being clear and transparent about what data is collected and used. This Privacy Policy explains how we process Personal Information that you provide or that is collected when you visit our website at www.layaplatform.com. 

Who we are and how to contact us

We are LAYA Platform of Dallas, Texas - United States, and in the case of your direct use of our website or our services, we act as the data controller in accordance with the Texas Privacy Act (“TPA”), the California Consumer Privacy Act (“CCPA”) and the subsequent amendments from the California Privacy Rights and Enforcement Act (“CPRA”). As well as the EU`s General Data Protection Regulation (“GDPR”).

If you have any questions about the processing of your Personal Information by us or about data protection in general, you can reach us at info@layaplatform.com or per WhatsApp on +1 (888) 851‑0707. 

How do we use your Personal Information?

All Personal Information that we obtain from you via the website will only be processed for the purposes described in more detail below. This is done within the framework of the respective legal regulations mentioned above or only with your consent. In particular, we only process and collect Personal Information if:

• you have given your consent,
• the data is necessary for the fulfillment of a contract / pre-contractual measures,
• the data is necessary for the fulfillment of a legal obligation, or
• the data is necessary to protect the legitimate interests of our company, provided that your interests are not overridden. 

In doing so, we only collect and process the data that is absolutely necessary to maintain and use the website. Personal Information may be collected in two ways, that is directly when you for example volunteer it to us or automatically for example when you install and use our website.

We process and store your Personal Information only for the period of time required to achieve the respective processing purpose or for as long as a legal retention period (in particular commercial and tax law) exists. Once the purpose has been achieved or the retention period has expired, the corresponding data is routinely deleted.

Personal Information you provide to us directly

a) contacting us and using our services

If you contact us, book a general consultation or one of our other services offered we process the data from you for the purpose of processing and handling your request and the contract. This may include your first name, last name, e-mail address, and, if applicable, other information such as your phone number, if you have provided it. The legal basis for the data processing is our obligation to fulfill the contract and/or to fulfill our pre-contractual obligations and/or our overriding legitimate interest in processing your request.

Some of the data you choose to provide may be considered “sensitive” or special category data, by choosing to provide this data, you consent to our processing of that data. We ask you not to provide us with any such information from the outset. If such information is relevant to the services, we process it together with your other data. 

b) financial data

If you make a purchase, your payment will be processed our payment service providers and payment data will solely be processed through their payment system. The legal basis for the provision of a payment system is the establishment and implementation of the user contract for the use of the service.

c) creating an account

You can voluntarily create an account, through which we can store your data for future purchases. When you create an account under "My Account", the data you provide will be stored revocably. You can always delete all further data, including your user account, in your account settings. The legal basis for the data processing is your consent.

d) social media

We are present on social media on the basis of our legitimate interest. If you contact us via social media platforms, you should note that the chat history can neither be deleted by us nor by you. And that, in accordance with the GDPR, the relevant social media platform and we are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. A Joint Controller Agreement itself is very legalistic and lengthy, but in a nutshell, it clarifies how the jointly responsible parties will fulfill the obligations arising from data protection laws that are applicable to them. The legal basis for the use of the relevant social media platform is our legitimate interest, your consent or, in the case of a (pre) contractual relationship with us, the initiation of a contractual service, if any.

Personal Information you provide to us automatically

a) Cookies

To improve the services provided on the website, we use cookies that collect information about your usage behavior. Cookies are files that your web browser stores on your hard drive when you visit a website. Cookies may, under certain circumstances, personally identify you either directly (for example, with an e-mail address) or indirectly (for example, with a unique identification code of a cookie, an IP address or the identification code of a device). The data stored may include the pages you visit, the date and time of your visit, and other tracking information. For more information, please refer to our Cookie Policy.

b) Access data and log files

We also collect data on every access to our website. The access data includes the name of the website accessed, file, date and time of access, amount of data transferred, notification of successful access, browser type and version, the user's operating system, referrer URL (the previously visited page), IP address and the requesting provider.

Log file information is stored for security reasons (e.g., for the clarification of abuse or fraud) for a maximum of 7 days and then deleted. Data whose further storage is necessary for evidentiary purposes is exempt from deletion until the respective incident is finally clarified. The legal basis for the data processing is our legitimate interest in providing an appealing website.

c) Hosting 

To provide our website, we use the services of GoDaddy.com, LLC who process the below-mentioned data and all data to be processed in connection with the operation of our website on our behalf. The legal basis for the data processing is our legitimate interest in providing our website.

Google Services

We use the below listed services from Google LLCof 1600 Amphitheatre Pkwy, Mountain View, CA 94043, USA and Google Ireland Ltd of Gordon House, Barrow Street, Dublin 4, Ireland on our website.

a) Google Analytics

We use Google Analytics to evaluate your use of our website, to compile reports on the activities and to provide other services related to the use of our website in order to improve the user experience. When Google Analytics is used, interactions of website visitors are primarily recorded and systematically evaluated with the help of cookies. This represents a legitimate interest but also requires your consent due to the data transfer in the USA and the analytical functionality. 

b) Google Tag Manager 

We also use Google Tag Manager. This service allows website tags to be managed via an interface. The Google Tag Manager only implements tags. No cookies are set, and no Personal Data is collected. The Google Tag Manager triggers other tags that may collect data. The Google Tag Manager does not access this data. If a deactivation has been made at domain or cookie level, it remains in place for all tracking tags, insofar as these are implemented with the Google Tag Manager. More information on the Google Tag Manager can be found at the following link: http://www.google.com/tagmanager/use-policy.html. This represents a legitimate interest.

c) Google AdSense

Further, we use Google AdSense. Google AdSense uses so-called "DoubleClick DART Cookies" ("Cookies"). In addition, Google AdSense also uses so-called "web beacons" (small invisible graphics) to collect information, through the use of which simple actions such as user traffic on our online offer can be recorded, collected and evaluated. The information generated by the cookie and/or web beacon (including your IP address) about your visit to this website will be transmitted to and stored by Google on servers in the United States.

Google uses the information thus obtained to carry out an evaluation of user behavior with regard to the AdSense ads. The IP address transmitted by your browser as part of Google AdSense will not be merged with other Google data. The information collected by Google may be transferred to third parties where required to do so by law, and/or where such third parties process the information on Google's behalf. The legal basis for this processing is our legitimate interest.

d) reCAPTCHA

We also use Google`s reCAPTCHA to check whether data input is made by a human being or by an automated program. For this purpose, reCAPTCHA analyses the behavior of the website visitor on the basis of various characteristics. This analysis begins automatically as soon as the website visitor enters the website. The legal basis for the data processing is our legitimate interest in operating a secure and spam free website.

Disclosure to third parties

We will not disclose or otherwise distribute your Personal Information to third parties unless this:

· is necessary for the performance of our services, 

· you have consented to the disclosure,

· or the disclosure of data is permitted by relevant legal provisions. 

However, we are entitled to outsource the processing of your Personal Information in whole or in part to external service providers acting as processors within the framework of the respective legal regulations mentioned above. External service providers support us, for example, in the technical operation and support of the website (see above), data management, the provision and performance of services, marketing, as well as the implementation and fulfillment of reporting obligations. 

The service providers commissioned by us however will process your data exclusively in accordance with our instructions and we remain in accordance with the respective legal regulations mentioned above responsible for the protection of your data. Doing so we always make sure that service providers commissioned by us are carefully selected, follow strict contractual regulations, technical and organizational measures, and additional controls by us.

Further, we might, making available, transfer, communicate electronically, Personal Information by the business to a business affiliated inclusive with a third party but not for monetary but for other valuable consideration.

We may also disclose Personal Information to third parties if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or proceedings at home or abroad or to fulfill our legitimate interests.

Transfers of data to recipients outside the USA are not intended, however if we do this is governed by Processing Agreements that include Standard Contractual Clauses to ensure a high level of data protection.

Marketing

Insofar as you have also given us your consent to process your Personal Information for marketing and advertising purposes, we are entitled to contact you for these purposes via the communication channels you have given your consent to.

You may give us your consent in a number of ways including by selecting a box on a form where we seek your permission, or sometimes your consent is implied from your interactions or contractual relationship. Where your consent is implied, it is on the basis that you would have a reasonable expectation of receiving a marketing communication based on your interactions or contractual relationship with us.

Our Marketing generally takes the form of e-mail but may also include other less traditional or emerging channels. These forms of contact will be managed by us, or by our contracted service providers. Every directly addressed marketing sent by us or on our behalf will include a means by which you may unsubscribe or opt out.

We also participate in Affiliate Programs. Affiliate programs are designed to provide a means for website owners to earn advertising fees by advertising and linking. As such our website may contain affiliate marketing links, which means that we may get paid commission on sales of those products or services we write about. You will never be charged a fee through one of our affiliate links, however you may get a discounted rate of the relevant affiliates services and we will make a small commission. Our editorial content and the handling of your Personal Information is however not influenced by advertisers or affiliate partnerships.

Direct Marketing Disclosures

California’s “Shine the Light” law (Civil Code Section 1798.83) requires businesses to respond to requests from California customers asking about the business’s practices related to disclosing Personal Information to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Information using the contact details provided.

Automated decision-making

Automated decision-making including profiling does not take place at LAYA Platform

Data of Children 

Our services are aimed at people aged 18 and over. We will not knowingly collect, use, or disclose Personal Information from minors under the age of 18 without first obtaining consent from a legal guardian through direct offline contact.

Do Not Sell

We do not sell Personal Information to third parties.

Data Security

Technical and organizational measures have been implemented by us to ensure the protection, security and integrity of your Personal Information. Access to Personal Information is restricted to those who have a need to know and who have been trained to comply with confidentiality requirements.

Appropriate mechanisms include, for example, SSL encryption (so that data is unreadable by others) during the collection and transmission of data. Said data is used only for the purpose it was collected for and we assure you that we will do our utmost to ensure that your Personal Information is not altered or corrupted and is not accessed by unauthorized third parties.

Nonetheless, databases or data sets that include Personal Information may be breached inadvertently or through wrongful intrusion. Upon becoming aware of a data breach, we will notify all affected individuals whose Personal Information may have been compromised, and the notice will be accompanied by a description of the action being taken to reconcile any damage as a result of the data breach. Notices will be provided as expeditiously as possible after which the breach was discovered.

Your rights under data protection legislation

Under the TPA, you have the following rights:

· Right to Know;

· Right of Deletion;

· Right of Non-Discrimination; and

· Right to Opt-Out of Sale.

Under the CCPA and the CPRA amendment, you can exercise the following rights:

· Right to Know/Access

· Right to Delete

· Right to Opt-out of Sale

· Right to Non-Discrimination

· Right to Rectification

· Right to Limit Use and Disclosure of Sensitive Personal Information

Under the GDPR, you can exercise the following rights:

· Right to information

· Right to rectification

· Right to object to processing

· Right to deletion

· Right to information

· Right to data portability

· Right of objection

· Right to withdraw consent

· Right to complain to a supervisory authority

· Right not to be subject to a decision based solely on automated processing.

Updating your information

If you believe that the information, we hold about you is inaccurate or that we are no longer entitled to use it and want to request its rectification, deletion, or object to its processing, please do so by contacting us using info@layaplatform.com. 

Access Request and updating your Personal Information

In the event that you wish to make a Data Subject Access Request, you may inform us in writing of the same using info@layaplatform.com. 

We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any Personal Information or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the respective legal regulations mentioned above).

Controls For Do-Not-Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ('DNT') feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this statement.

Does this policy change?

We may update our Privacy Policy from time to time. This might be for a number of reasons, such as to reflect a change in the law or to accommodate a change in our business practices and the way we use cookies. We recommend that you check here periodically for any changes to our Privacy Policy. This Privacy Policy was last updated on Thursday, January 5, 2023.

Who should I contact for more information?

If you have any questions or comments about our Privacy Policy or wish to exercise your rights under applicable laws, please contact us.