Privacy Policy

Effective as of September 1st, 2024

Protocol Technologies, Inc. (“us” “our” or “we”) understands privacy is important to you. This document governs our privacy policies and procedures with respect to the websites: protocoltech.io and layr8.io, (collectively, “Websites”), our products and services (collectively, “Services”), and use of your information in connection with our customer interactions, vendor, and partner relationships. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access our Services through your account, to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity, its affiliates and users associated with it. If you disagree with the practices described in this Privacy Policy, then you should (a) take necessary steps to remove cookies from your computer after leaving our Website, and (b) not access or use the Services, Website or any other aspect of our business.

This policy does not cover third party websites, products, or services (“Third Party Services”) even if they link to our Services - you should consider those privacy policies carefully. In addition, a separate agreement governs delivery, access, and use of the Services (the “Customer Agreement”), including the processing of any messages, files or other content submitted through your Service accounts (collectively, “Customer Data”). The organization (e.g., your employer or another entity or person) that entered into the Customer Agreement (“Customer”) controls their instance of the Services and any associated Customer Data.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers toProtocol Technologies, Inc, 228 Park Ave S, PMB 143497, New York, New York 10003-1502.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
Usage Data refers to 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).
Website refers to Layr8.io, accessible from https://layr8.io
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

1. Information We Collect And Receive

We may collect and receive Customer Data and other information and data (“Other Information”) in a variety of ways:

Customer Data. Customers or individuals granted access to the Services by a Customer (“Authorized Users”) routinely submit Customer Data when using the Services.

Other Information. We also collect, generate, and/or receive Other Information, as set forth below:

i. User Account Information. To create or update an account, you or our Customer (e.g., your employer) supply us with an email address, phone number, password, domain, and/or similar account details. In addition, Customers that purchase a paid version of the Services provide us (or our payment processors) with billing details such as credit card information, banking information, and/or a billing address.

ii. Usage Information.

Services Usage Metadata. As with most websites and technology services delivered over the Internet, metadata is generated that provides additional context about the way Authorized Users interact with the Services. For example, we log the features, content, and user interface elements you interact with.
Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect information when you access or use our Websites or Services and record it in log files. This log data may include the Internet Protocol (IP) address, the address of the web page visited before using the Website or Services, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences, and cookie data.
Device information. We collect information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers, and crash data. Whether we collect some or all of this Other Information often depends on the type of device used and its settings.
Location information. We receive information from you, our Customer and other third parties that help us approximate your location. We may, for example, use a business address submitted by your employer, or an IP address received from your browser or device to determine approximate location. We may also collect location information from devices in accordance with the consent process provided by your device.

iii. Cookie Information. We use cookies and similar technologies in our Websites and Services that help us collect Other Information. The Websites and Services may also include cookies and similar tracking technologies of third parties, which may collect Other Information about you via the Websites and Services and across other websites and online services.

iv. Third Party Services. Typically, Third Party Services are software that integrate with our Services; for example, the use of GitHub for single sign-on. Once enabled, the provider of a Third Party Service may share certain information with us. Authorized Users should check the privacy settings and notices in these Third Party Services to understand what data may be disclosed to us. When a Third Party Service is enabled, we are authorized to connect and access Other Information made available to us in accordance with our agreement with the Third Party Service Provider. We do not, however, receive or store passwords for any of these Third Party Services when connecting them to the Services.

v. Third Party Data. We may receive data about organizations, industries, Website visitors, marketing campaigns, and other matters related to our business from our partners or others that we use to make our own information better or more useful. This data may be combined with Other Information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

vi. Additional Information Provided to Us. We receive Other Information when submitted to our Websites or if you participate in a focus group, activity or event, apply for a job, request support, interact with our social media accounts, or otherwise communicate with us.

Generally, no one is under a statutory or contractual obligation to provide any Customer Data or Other Information (collectively, “Information”). However, certain Information is collected automatically and, if some Information, such as account setup details, is not provided, we may be unable to provide the Services.

2. How We Use Information

Customer Data will be used by us in accordance with Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services functionality, and as required by applicable law. We are a processor of Customer Data, and Customer is the controller. Customer may, for example, use the Services to grant and remove access, assign roles and configure settings, access, modify, export, share and remove Customer Data.

We use Other Information in furtherance of our legitimate interests in operating our Services, Websites and business. We use Other Information:

i. To provide, update, maintain, and protect our Services, Websites, and business. This includes use of Other Information to support delivery of the Services under a Customer Agreement, prevent or address service errors, security or technical issues, analyze and monitor usage, trends, and other activities or at an Authorized User’s request.

ii. As required by applicable law, legal process or regulation. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

iii. To communicate with you by responding to your requests, comments, and questions. If you contact us, we may use your Other Information to respond.

iv. To develop and provide support, training and productivity tools, and additional features. We aim to make the Services as useful as possible. For example, we may improve search functionality by using Other Information to make Services suggestions based on historical use and predictive models, identify organizational trends and insights, to customize a Service experience or create new productivity features and products.

v. To send emails and other communications. We may send you service, technical, and other administrative emails, messages, and other types of communications. We may also contact you to inform you about changes in our Services, our Services offerings, and important Services-related notices, such as security and fraud notices. These communications are considered part of the Services, and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications, or other news about us. These are marketing messages so you can control whether you receive them.

vi. For billing, account management, and other administrative matters. We may need to contact you for invoicing, account management, and similar reasons, and we use account data to administer accounts and keep track of billing and payments.

vii. To investigate and help prevent security issues and abuse.

If Information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose. To the extent Information is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection law, it is referred to in this Privacy Policy as “Personal Data.”

3. Data Retention

We will retain Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Services, and as required by applicable law. Depending on the Service, Customer may be able to customize its retention settings and apply those customized settings at the application level. We may retain Other Information pertaining to you for as long as necessary for the purposes described in this Privacy Policy. This may include keeping your Other Information after you have deactivated your account for the period of time needed for us to pursue legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce our agreements.

This section describes how we may share and disclose Information. Customers determine their own policies and practices for the sharing and disclosure of Information, and we do not control how they or any other third parties choose to share or disclose Information.

i. Customer’s Instructions. We will solely share and disclose Customer Data in accordance with a Customer’s instructions, including any applicable terms in the Customer Agreement and Customer’s use of Service functionality, and in compliance with applicable law and legal process.

ii. Collaborating with Others. The Services may provide different ways for Authorized Users to collaborate, such as through support and user channels available through Third Party Service provider.

iii. Customer Access. Authorized Users, and other Customer representatives and personnel may be able to access, modify, or restrict access to Other Information.

iv. Third Party Service Providers and Partners. We may engage third party companies or individuals as service providers or business partners to process Other Information and support our business. These third parties may, for example, provide virtual computing and storage services.

v. Third Party Services. Customer may enable or permit Authorized Users to enable Third Party Services. When enabled, we may share Other Information with Third Party Services. Third Party Services are not owned or controlled by us, and third parties that have been granted access to Other Information may have their own policies and practices for its collection and use. Please check the privacy settings and notices in these Third Party Services or contact the provider for any questions.

vi. With Business Affiliates or During a Change to our Business. If we engage in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of our assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence), some or all Other Information may be shared or transferred, subject to standard confidentiality arrangements.

vii. Aggregated or De-identified Data. We may disclose or use aggregated or de-identified Other Information for any purpose. For example, we may share aggregated or de-identified Other Information with prospects or partners for business or research purposes, such as telling a prospective customer the average amount of time spent within our Services and typical customer usage.

viii. To Comply with Laws. If we receive a request for information, we may disclose Other Information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process. Unless we are prohibited from doing so or there is a clear indication of illegal conduct or risk of harm, we will notify Customer of the request before disclosing any of Customer’s Customer Data so that the Customer may seek legal remedies.

ix. To enforce our rights, prevent fraud, and for safety. To protect and defend the rights, property, or safety of us or third parties, including enforcing contracts or policies, or in connection with investigating and preventing fraud or security issues.

x. With Consent. We may share Other Information with third parties when we have consent to do so.

5. Right to Access, View, or Remove Your Information

You have a right to access the Personal Data we hold about you. Whenever you use our Websites or Services, we strive to make sure that your Personal Data is correct. If that information is incorrect, we give you the tools and methods to update it or delete it, unless that information is necessary for a legal or business purpose. When updating your Personal Data, we may ask you to verify your identity before making changes. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing new systems or fundamentally changing our existing practice), risk the privacy of others, or would be extremely impractical (e.g. requests concerning information on our backup systems). Because we protect information from accidental or malicious destruction, after data is removed from our servers, it can take some time for that data to be purged.

If you no longer wish to receive marketing communications from us, please follow the unsubscribe instructions provided in our email communications. Please be aware that, even after you opt out from receiving commercial or marketing communications, you will continue to receive administrative messages from us regarding the Services.

To request removal of your Personal Data from our Websites or Services, contact us at [email protected]. If you are an Authorized User of our Service and need to correct, amend, or delete inaccurate data about you, please contact our Customer (e.g. your employer). We will comply with the requests of our Customers should they direct us to take action about the modification/removal of collected data.

6. International Data Transfers, CCPA, And Contractual Terms

If you are a Website visitor based in the European Economic Area (“EEA”), UK, or Switzerland, Protocol Technologies, Inc. is the data controller of your personal data. Our legal basis for collecting and using the personal data will depend on the personal data concerned and the specific context in which we collect it. However, we will normally collect personal data only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal data from you. If we ask you to provide personal data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time. For more information on our legal basis for processing personal data, please contact us using the contact details provided below.

HOW WE TRANSFER INFORMATION WE COLLECT INTERNATIONALLY

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country, and in some cases, may not be as protective. Specifically, our website servers are located in the U.S. and we may process your information in jurisdictions where our affiliates/partners and third-party service providers are located.

Whenever we transfer your information, we take safeguards to protect it. These safeguards include implementing the European Commission’s Standard Contractual Clauses for transfers of personal data between us and our affiliates to whom we transfer the information which require these companies to protect personal information they process from the EEA, UK, or Switzerland in accordance with European Union data protection law. Our Standard Contractual Clauses can be provided on request. We implement similar appropriate safeguards with our third-party service providers and further details can be provided upon request.

EEA, UK, and Switzerland Residents Only

If you are a resident of the EEA, UK, or Switzerland you have the following data protection rights:

The right to access, correct, update, or request deletion of your personal information;
The right to object to the processing of your personal information by asking us to restrict processing of your personal information or request portability of your personal information; and
The right to withdraw your consent at any time if we collected and processed your personal information with your consent. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. You may contact us at [email protected] to exercise these rights.

To submit a complaint to a data protection authority about our collection and use of your personal information. Contact details for data protection authorities are listed below:

EEA, UK, and Switzerland Users Only: Your Privacy Rights in Respect of Customer Data

If personal data pertaining to you as an individual has been submitted to the Service by or on behalf of a Protocol Technologies customer and you wish to exercise any data protection rights you may

Contact Us

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

By email: [email protected]