SocialKit Ltd ("us", "we", or "our") operates the Layer mobile application (hereinafter referred to as the "Service").

This page informs you of our policies regarding the collection, use and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

• Service
• Service is the Layer mobile application operated by SocialKit Ltd
• Personal Data
• Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
• Usage Data
• Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Cookies
• Cookies are small files stored on your device (computer or mobile device).
• Data Controller
• Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
• For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.
• Data Processors (or Service Providers)
• Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
• We may use the services of various Service Providers in order to process your data more effectively.
• Data Subject (or User)
• Data Subject is any living individual who is using our Service and is the subject of Personal Data.

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Magic Avatars Creation

‍BY USING THE APPLICATION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THE TERMS. IN CASE OF USING MAGIC AVATARS FEATURE YOU EXPLICITLY CONFIRM THAT YOU ARE AT LEAST 18/21 YEARS OLD (AS APPLICABLE IN YOUR JURISDICTION). If you have any questions about these Terms or SocialKit, please contact us via an email support@socialkit.com (for additional contact information.

NOTE: SocialKit uses a Neural Network Model Stable Diffusion that allows users to generate personalized Magic Avatars (“Avatars”). ​​For all the important questions about how Stable Diffusion technology works, you can find answers in their FAQ. For how the Magic Avatars feature works, you can read our short FAQ.

How does it work?

• User uploads 9 photos and selects their gender.
• Using these data, a copy of the Stable Diffusion model is retrained to personalize the model
• After the model copy is retrained, it generates Avatars
• After the Avatars are generated, the model copy, along with uploaded photos, are deleted permanently from our servers. We set certain restrictions  to the use the Avatars in restricted cases (e.g., using nude photos, using photos of other people without their consent e.t.c.).
• We do not use your Personal Data to generally train and/or create our separate artificial intelligence/products.

We do our best to moderate the settings of the AI model, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at support@socialkit.com if you find any of the content to be offensive or inappropriate to you, we will promptly take the action and it will help us to train the algorithm better.

Also, we expect and appreciate you observing the rules of SocialKit Use listed in thse section below.

6. PROHIBITED CONDUCT AND CONTENT

TL;DR: The list below may be indeed too long to read, but it lists some ways of using SocialKit Drip App that breach the agreement between you and us. SocialKit Drip App is made for your entertainment, and we want everyone to respect each other and not ruin the user experience for each other by misuse of Drip.

Use of Magic Avatars.

• SocialKit gives you the ability to use AI as a tool to create Avatars, the same way as you would use any other image creation tools or applications.
• You hold all of the rights to the Avatars you generate through our AI.
• You are the one to decide how to use the generated Avatars further. Please, therefore, read this Section 6 restrictions carefully.
• In particular, you are responsible to ensure that the way you are using the Magic Avatars you have generated is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn’t spread harmful misinformation
• If you are unsure that your intended use of the generated Avatars would be legal, we advise you to err on the side of caution, especially if for commercial purposes.
• However, we restrict its use for sale or to the benefit of any third party or in any manner not permitted by these Terms.

General rules. You will not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company rights) or commit a tort, and you are solely responsible for your conduct while Using SocialKit.

You represent, warrant and agree that you will not Use SocialKit by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

• To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct.
• For sale or to the benefit of any third party or in any manner not permitted by these Terms.
• In any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying SocialKit or that could damage, disable, overburden or impair the functioning of SocialKit in any manner.
• To decipher, decompile, disassemble or reverse engineer any aspect of SocialKit (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of SocialKit.
• To circumvent any content-filtering techniques we employ or to access any feature or area of SocialKit that you are not authorized to access.
• To develop or to use any third-party applications that interact with SocialKit without our prior written consent, including any scripts designed to scrape or extract data from SocialKit.
• To display, mirror or frame SocialKit, or any individual element within SocialKit, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.
• To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
• To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to SocialKit.
• To copy, modify, host, stream, sublicense, or resell SocialKit.
• For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
• To place an advertisement of any products or services in SocialKit except with our prior written approval.
• To violate any applicable law or regulation.
• To encourage, assist or enable any other party to do any of the foregoing.

You may only share the User Content that is non-confidential and you have all necessary rights to disclose. You may not upload, edit, create, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent.
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law.
• Sexualizes other people. including minors, or that is intended to facilitate inappropriate interactions with minors, other users or the public.
• May infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person.
• Contains any private or personal information of any person without such person’s consent.
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content.
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from Using or enjoying SocialKit, or that may expose us or others to any harm or liability of any type.

Due to the fact that we use Stable Diffusion AI technology in SocialKit for creation of the Magic Avatars, you additionally represent, warrant and agree that you will not Use SocialKit feature with Stable Diffusion AI technology and (or) Stable Diffusion AI technology (Copyright (c) 2022 Robin Rombach and Patrick Esser and contributors) in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:

• In any way that violates any applicable national, federal, state, local or international law or regulation;
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• To generate or disseminate personal identifiable information that can be used to harm an individual;
• To defame, disparage or otherwise harass others;
• For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• To provide medical advice and medical results interpretation;
• To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

You, furthermore, agree to abide by the Stable Diffusion AI technology license, incorporated herein by reference, including its Attachment A.  

We have the right to monitor your Use of SocialKit to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms or conduct that affects SocialKit. We may also consult and cooperate with law enforcement authorities to prosecute Users who violate the applicable law.

We reserve the right to, in our discretion and at any time, suspend or discontinue SocialKit, introduce new features or impose limitations on certain features, or restrict access to SocialKit.

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Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Cookies and Usage Data

Usage Data

When you access the Service with a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data ("Usage Data").

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Use of Data

SocialKit Ltd uses the collected data for various purposes:

• To provide and maintain our Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer support
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To detect, prevent and address technical issues

Legal Basis for Processing Personal Data under the General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), SocialKit Ltd legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

SocialKit Ltd may process your Personal Data because:

• We need to perform a contract with you
• You have given us permission to do so
• The processing is in our legitimate interests and it is not overridden by your rights
• For payment processing purposes
• To comply with the law

Retention of Data

SocialKit Ltd will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

SocialKit Ltd will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer periods.

Transfer of Data

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside Israel and choose to provide information to us, please note that we transfer the data, including Personal Data, to Israel and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

SocialKit Ltd will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Disclosure for Law Enforcement

Under certain circumstances, SocialKit Ltd may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

SocialKit Ltd may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of SocialKit Ltd
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Our Policy on "Do Not Track" Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. SocialKit Ltd aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

• The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
• The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
• The right to object. You have the right to object to our processing of your Personal Data.
• The right of restriction. You have the right to request that we restrict the processing of your personal information.
• The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
• The right to withdraw consent. You also have the right to withdraw your consent at any time where SocialKit Ltd relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), provide the Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyse the use of our Service.

Behavioral Remarketing

SocialKit Ltd uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

• Facebook
• Facebook remarketing service is provided by Facebook Inc.
• You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
• To opt-out from Facebook's interest-based ads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
• Facebook adheres to the Self-Regulatory Principles for Online Behavioural Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
• For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

• Apple Store In-App Payments
• Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: hello@layerapp.io