Privacy Policy

Important Notice for Residents Living within GDPR Regions: We support GDPR rights and have customized a section of our privacy policy (titled “GDPR Policies”) which applies to you. The “GDPR Policies” section explicitly overwrites any conflicts between that section and other sections in this Privacy Policy for residents residing within these regions.

Important notice for Residents of the European Union, EEA, UK, or Switzerland: We participate in the EU-US Data Privacy Framework, the UK Extension to the EU-US Data Privacy Framework, and the Swiss-US Data Privacy Framework. Please reference the section titled “EU-US, UK, and Swiss-US Data Privacy Framework” for policies that specifically apply to you. The “EU-US, UK, and Swiss-US Data Privacy Framework” section explicitly overwrites any conflicts between that section and other sections in this Privacy Policy for residents residing within these regions.

Definitions

• Service: All online content, software, and applications available at any domain name or subdomain associated with listenlayer.com.
• Personal Data: Data about a natural person who can be identified from such data.
• Usage Data: Data collected through an individual’s use of the service or from the Service’s infrastructure itself.
• Cookie & Local Storage: Small files stored on your device (computer or mobile).

Information Collection & Use

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

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:

• Email address
• First name and last name
• Phone number, address, State, Province, ZIP/Postal code, City
• Cookies that we place on your computer and specific Usage Data generated from your activity
• Demographic data
• Geographic and location data
• IP Address
• Device identifiers
• Household and personal preference information

The above list constitutes the categories of personal information that we collect.

Usage Data: We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include, but is not limited to, information such as your computer’s Internet Protocol address (e.g., IP address), browser type, browser version, other computer characteristics, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, actions you take on our website, actions you take on our Partner’s websites, unique device identifiers, and other diagnostic data.

Source of Data: Personal Data and Usage data is collected via the following methods:

• When you directly provide us with such data
• When you access our Service using your device
• By enriching data using a number of 3rd party databases
• When a company utilize our Service to collect such information

Purpose and Legal Basis for Collecting Personal Data & Usage Data: We collect your Personal Data and Usage Data in order to provide our Service, improve our business, improve your experience with our Service, fulfill our legal and contractual obligations, fulfill or meet the specific reason you provide the information, provide you with support, create and maintain an account you configure on our Service, enhance the security of our Service, and to process your requests, transactions, and payments.

Data Retention: Your Personal Data and Usage Data is retained only for as long as required for us to utilize such data for its intended purpose, as defined above. 

We Do Not Sell Your Personal Data: We do not sell any of your Personal Data to third parties or individuals outside of ListenLayer.

Tracking & Cookie Usage: We use cookies and similar tracking technologies (such as Local Storage) to track the activity on our Service and hold certain information.

Cookies are files with a small amount of data which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies such as Local, Storage, beacons, tags, and scripts are also used to collect and track information and to improve and analyze 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 that rely on them for functionality.

Examples of Cookies & Local Storage we use:

• Session. We use Session Cookies/Local Storage to operate our Service.
• Preference. We use Preference Cookies/Local Storage to remember your preferences and various settings.
• Security. We use Security Cookies/Local Storage for security purposes.
• Analytics. We use Analytics Cookies/Local Storage to analyze user behavior, improve our Service, and customize your experience.
• Advertising. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

In addition, we may use other means to identify your device in order to support the data collection necessary to provide the Service. This may include unique information that profiles your device.

Use of Data: ListenLayer 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 allow you to log into our software and manage your use of the software
• To gather analysis or valuable information so that we can improve our Service
• To monitor the usage of our Service
• To ensure compliance with our Terms of Use
• To detect, prevent and address technical and security issues
• To contact you and to conduct advertising and remarketing activities as described below

Contacting You: We may use your Personal Data to contact you with newsletters, marketing or promotional materials, and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send. You may not opt out of certain critical, transaction communication regarding your use of the Service, such as billing notifications.

Advertising & Remarketing: We may utilize Personal Data to target you with advertisements across the internet utilizing a number of third-party platforms. Where required by law, and within regions that we operate, we will provide you with the means of opting out of such Personal Data usage.

Transfer of Data: Your information, including Personal Data, may be transferred to — and maintained on — computers outside 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 the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there. If you reside outside of the United States and use our Service, Personal Data associated with such use will be stored on our main servers in the United States. You should not use our service if you do not agree to this data storage. Please refer to the section titled “EU-US, UK, and Swiss-US Data Privacy Framework” for data transfer frameworks applicable to such regions.

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

Vendors and Service Providers: We may employ third-party companies to assist us in providing the Service and meeting our business needs, and we may provide Personal Data to these third-parties to fulfill such needs. This may include, but is not limited to hosting services, cloud infrastructure, email communication software, analytics tools, advertising and remarketing services and other technologies. Pursuant to our instructions, these third-parties will access, process, and store Personal Data only in the course of performing their duties to us.

Disclosure of Data: Your information, including Personal Data, may be disclosed to a third-party for purposes other than providing the Service as follows:

• Business Transaction: If ListenLayer is involved in a merger, acquisition, or asset sale, your Personal Data may be shared or transferred. This may happen at any time without direct notice to you.
• Disclosure for Law Enforcement and National Security purposes: Under certain circumstances, ListenLayer may be required to disclose your Personal Data if required by law or in response to valid requests by public authorities (e.g., a court or a government agency).
• Legal Requirements: ListenLayer 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 ListenLayer or our partners, officers, employees, or contractors
  • 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

USA State Policies

The following section provides specific information for users covered by State regulations identified in the Introduction.

Your Rights: Your jurisdiction provides you with certain rights as outlined below, which may be exercised by completing the forms available from this page.

• The right to request and receive access to a copy of any personal details we have collected on you based on providing us with a verified request.
• The right to correct inaccurate information.
• The right to limit our use of your sensitive information.
• The right to request that we delete any personal details we may have collected about you, based on providing us with a verified request.
• The right to not be discriminated against if you so choose to exercise specific rights, to the extent that our Services naturally allow you equal rights. For example, suppose our Service relies on collecting personal information in order to provide that Service to you, yet you refuse to provide personal information. In that case, we cannot still offer the Service as we have no way of fulfilling it without your data.
• The right to review a list of categories of personal information we may collect about you.
• The right to opt out of having your personal information sold. Per the terms of this Privacy Policy, we do not sell your personal information. 
• The right to opt out of having your personal information shared for the purposes of advertising and remarketing. 

GDPR Policies

The following section provides specific information for users covered by various GDPR-related regulations.

Your Rights: Your jurisdiction provides you with certain rights as outlined below, which may be exercised by completing the forms available from this page.

• The right to request and receive access to a copy of any personal details we have collected on you based on providing us with a verified request.
• The right to correct inaccurate information.
• The right to limit our use of your sensitive information.
• The right to request that we delete any personal details we may have collected about you, based on providing us with a verified request.
• The right to data portability 
• The right to object to data processing
• The right to not be subjected to automated decision-making, which we do not engage in
• The right to lodge a complaint
• The right to block or withdraw you consents to data processing
• The right to not be discriminated against if you so choose to exercise specific rights, to the extent that our Services naturally allow you equal rights. For example, suppose our Service relies on collecting personal information in order to provide that Service to you, yet you refuse to provide personal information. In that case, we cannot still offer the Service as we have no way of fulfilling it without your data.
• The right to review a list of categories of personal information we may collect about you.

EU-US, UK, and Swiss-US Data Privacy Framework

ListenLayer complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce (collectively, the “DPF Principles”). ListenLayer has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. ListenLayer has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. Additionally, ListenLayer is committed to subject to the DPF Principles all personal data received from the European Union, the United Kingdom (and Gibraltar), and Switzerland in reliance on the relevant parts of the DPF program. We comply with the DPF Principles for all onward transfers of personal data including the onward transfer liability provisions. The U.S. Federal Trade Commission has jurisdiction over our compliance with the DPFs. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including requests made to meet national security or law enforcement requirements. If there is any conflict between the terms in this Privacy Policy and the DPF Principles, the DPF Principles shall govern.

To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit the Data Privacy Website at https://www.dataprivacyframework.gov/.

Data Integrity and Purpose: We will only use your Personal Data in ways that are compatible with the purposes for which it was collected or subsequently authorized by you. We take reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We will only retain your Personal Data for as long as needed to serve the purposes for which it was collected or subsequently authorized by you.

Access to Data; Choices About Data: In accordance with the DPF Principles, ListenLayer will grant you access to the Personal Data that we hold. You may also correct, amend, or delete such Personal Data if it is inaccurate or if it has been processed in violation of the DPF Principles. However, also in accordance with the DPF Principles, we may limit or deny your request for access to your Personal Data when the burden or expense of us providing access would be disproportionate to the risks to your privacy or where the rights of another person would be violated.

When a third party is not an agent, ListenLayer will offer individuals, in the European Economic Area and Switzerland, the opportunity to choose (by either opt out or opt in) if their personal data is: (i) to be disclosed to a third party; or (ii) to be used for a purpose that is materially different from the purpose for which it was originally collected or subsequently authorized by the you.

Recourse, Enforcement, and Liability: If we transfer personal information to third parties to perform services on our behalf, that third party’s access, use, and disclosure of personal information must be in compliance with our Data Privacy Framework obligations. We will remain liable under the Data Privacy Framework for any failure to do so by the third party unless we prove that we are not responsible for the event giving rise to the damage.

The Federal Trade Commission has jurisdiction over ListenLayer’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

Inquiries and Complaints: In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, ListenLayer commits to resolve DPF Principles-related complaints about our collection and use of your personal information.  EU, UK, and Swiss individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF should first contact ListenLayer at [email protected]. We will respond to your inquiry or complaint within 45 days.

In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, ListenLayer commits to refer unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to JAMS International, an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://www.jamsadr.com/DPF-Dispute-Resolution for more information or to file a complaint. These services are provided at no cost to you.

In certain circumstances, as more fully described on the Data Privacy Website, you may be entitled to invoke binding arbitration when you have exhausted other dispute resolution procedures.

Special Application Privacy & Data Usage Statements

Our Service may require or optionally allow you to connect to Special Applications, which are integrations we build and maintain with 3rd party systems that may provide us with access to your data. The Special Applications often provide access to additional personal data governed by our Special Application Privacy & Data Usage Statements. These policies supersede all other statements and policies detailed on this page when explicitly applied to the data we collect using these integrations. Our Special Application Privacy Policies are listed below.

Google OAuth & Google Services Integration – Special Application Privacy & Data Usage Statement: Our Service allows you to optionally connect your Google Account to your ListenLayer account for the purposes of Single Sign-On (SSO), Google Tag Manager integration, and Google Ads integration. You can learn more about this integration and the data we gain access to on our Google OAuth Application Homepage. When we gain access to your data using Google’s OAuth API, the way we access, use, store, and share that data is governed by the statement below.

How We Access Your Google User Data: We gain access to your Google User Data only when you grant us permissions by connecting your Google User Account to your ListenLayer account using Google’s OAuth. When you do so, you provide our verified domain, listenlayer.com, and its subdomains, with access to your Google User Account. We use Google’s API to connect to your Google User Account, which gives us access to a limited set of your Google User Data based on the permissions you grant.

What Google User Data Do We Access? You can choose what Google User Data you provide access to, as our integration with Google OAuth is optional. However, reviewing our Google OAuth Application Homepage, you can find a detailed description of the data we may access with your permission. On that page, we describe the specific data scopes that you may grant us access to using Google’s API OAuth service.

How We Store Your Google User Data: We only store Google User Data that is necessary to support our Single Sign-On (SSO) functionality, to maintain a history of the changes you have made in your Google Tag Manager account from our system, to import data from Google Ads into our system, and to make changes to your Google Ads conversion and audiences settings as you so choose. We limit the data we store strictly to what is required to support the integration’s functionality. Other information that we access using Google OAuth is accessed and used in real-time to power the functionality of our integration using Google’s API and is not stored on our system. Additionally, no personal data collected from the permissions you grant to your Google Account is visible to humans on our team except for a situation where the data must be reviewed for security or legal purposes.

How We Use Your Google User Data: We DO NOT SELL OR PROVIDE your personal data, or any data gathered via permissions granted to your Google Account, to any third parties. No data collected from the permissions you grant to your Google Account will be utilized for serving ads, including retargeting, personalization, or interest-based advertising to you in any form or location. All data collected from the permissions you grant to your Google Account are strictly used to power Single Sign On, the functionality of our Google Tag Manager integration, and the functionality of our Google Ads integration. These purposes are all user-facing, meaning you can access them and see how they work from within your ListenLayer account. We do not use data collected from your Google Account for any “hidden” purposes that are not transparent to you.

How We Share Your Google User Data: No data collected from the permissions you grant to your Google Account is shared with any third party, and access to this data is hidden from human view within our organization except when the data must be reviewed for security or legal purposes.

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. Therefore, while we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Links to Other Sites

Our Service may contain links to other sites that we do not operate. For example, we may link to websites owned by platforms we integrate with through Listeners. You will be directed to that third party’s website if you click a third-party link. Therefore, 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 18 years of age (“Children”) and is not intended to be utilized by Children. We do not knowingly collect personally identifiable information from anyone under 18. Please contact us if you are a parent or guardian and know that your Child has provided us with Personal Data. 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 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.

Contacting Us

You may contact us by emailing us a [email protected] or via mail at:

• RealProof, Inc.
• 6855 S Dayton St #5456
• Greenwood Village, CO 80112