In particular, in exchange for compensation that BreakOut will pay to you you expressly consent to and agree to BreakOut’s collection, use, sharing and sale of your Personal Information (as defined below) without limitation.
- What Information Does the App Collect?
(a) Information You Provide to Us or Post
Personal Information. We may ask you to provide us with your personally identifiable information, which is information that identifies you personally, such as your first and last name, telephone number and e-mail address (“Personal Information”). We may collect this Personal Information through various forms and at various places within the App, including when you post content and comments through the App. We gather non-invasive usage data, analytics, and metrics to help us improve the App.
(b) Information Collected or Stored As You Access and Use the App
In addition to any Personal Information or other information that you choose to submit to us via the App, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you interact with the App (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with the App. To the extent that we associate Usage Information with your Personal Information we collect directly from you via the App, we will treat it as Personal Information.
For example, in the App, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year. If you have an account and you log in to use the App, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Usage Information generally may include:
your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the areas within the App that you visit and your activities there, including remembering you and your preferences;
- your Device location (you can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings, but if you block the use of location information, some parts of the App may then be inaccessible or not function properly;
- your Device characteristics; and certain other Device data, including the time of day, among other information.
Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):
Cookies. A cookie is a data file placed on a Device when it is used to interact with the App. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.
Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our App’s graphics and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count the users of the App, to monitor how users navigate the App, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the App, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are using the App, and is deactivated or deleted thereafter.
Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.
ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.
Recognition Technologies. Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about places, the characteristics/atmospheres, users and devices (e.g., that a user of multiple devices in the same user).
Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:
Targeting‑Related. We may use Tracking Technologies to deliver content relevant to your interests within the App and third‑party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.
Tracking Technologies Choices and Consent.
Third Party Tracking and “Do Not Track.”
(c) Information Third Parties Provide About You
(d) Interactions with Third-Party Sites
- How Do We Use the Information Collected?
- How and When Do We Share Information with Third Parties?
We may share with, rent to or sell your Personal Information with or to third parties as we see fit without limitation, including for direct marketing and behavioral advertising profiling purposes. We also share non-Personal Information, such as aggregated user statistics and browsing behavior information, with third parties. Without limiting the foregoing, BreakOut may disclose your information (including Personal Information) as follows:
(a) When You Request Information From or Provide Information to Third Parties. You may be presented with an option within the App to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
(b) Third Parties Providing Services on Our Behalf. We may use third-party vendors to perform certain services on behalf of us, such as hosting the online services that complement the App, designing and/or operating the App’s features, tracking the activities and analytics relating to the App, and enabling us to send you special offers or perform other administrative services. For example, your comments may be checked through an automated spam detection service. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you. We are not responsible for those third party technologies or activities arising out of them, nor are we responsible for the effectiveness of or compliance with any third parties’ opt-out options.
(d) Affiliates and Business Transfer. We may share your Personal Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the App or of the services to which the Aps relates; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.
- What About Information I Disclose Publicly or to Others?
(a) User-Generated Content and Public Information. The App also permits you to submit ideas, photographs, user profiles, writings, music, video, streamed and recorded audio content, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), including as part of your profile. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you.
Others may have access to this User Content and may have the ability to share it with third parties. For example, if you upload images to the App, you should consider avoiding uploading images with embedded location data (EXIF GPS) included. Other users of the App can download and extract any location data from images posted on the App. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that BreakOut does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available via the App or what others do with information you share with them on the App. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the App.
Your User Content is posted and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Content. Therefore, we cannot and do not guarantee that your User Content will not be viewed by unauthorized persons.
(b) Name and Likeness. We may publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.
- Does Third-Party Content or Links To Third-Party Sites Appear within the Service?
The App may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when content from the App is served to you. In addition, when you are using the App you might be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the App to a third-part website. These other websites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave the App and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
- How Do I Change My Information and Communications Preferences?
You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The App may allow you to review, correct or update Personal Information you have provided through the App’s registration interface or otherwise, and you may provide registration updates and changes by contacting us at [email protected]. If so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails or in some cases by logging into your App account and changing your communication preferences. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. If you are a registered user of the App, or have left comments via the App, you can request to receive an exported file of the Personal Information we hold about you, including any data you have provided to us. You can also request that we erase any Personal Information we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes. Also, please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Furthermore, when you edit your Personal Information or change your preferences for the App, information that you remove may persist internally for BreakOut’s administrative purposes.
- What About Transfer of Information to the United States?
- What Should Parents Know About Children?
The App is not for children. We understand the importance of protecting children’s privacy in the interactive world. We do not use the App to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent.
In the unlikely event that we become aware that we have collected personal information from any child, we will dispose of that information in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with personal information without COPPA-required consent, please contact us at [email protected].
Also, with respect to the requirements of the California Consumer Privacy Act we do not knowingly collect personal information from children under the age of sixteen (16).
- Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA privacy notice for California residents.
- What About Security?
We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use the App and provide us with your information at your own risk.
- How Long Do We Retain Your Data?
If you leave a comment via the App, the comment and its metadata are retained indefinitely. This allows us to recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register to use the App, we also store the personal information they provide in their user profiles. All users can see, edit, or delete their Personal Information at any time (except they cannot change their username). Website administrators can also see and edit that information.
Your Rights: For Customers in the European Union, your rights under the GDPR are outlined below. For Customers outside the European Union, you may have some or all of the following rights available to you in respect of your personal data, depending on the reason for processing this data:
Right to be informed: You have the right to obtain a copy of your personal data together with information about how and on what basis that personal data is processed.
Right of access: You have the right to access your personal data and supplementary information provided.
Right of Rectification: You have the right to rectify inaccurate personal data (including the right to have incomplete personal data completed).
Right to Erasure: You have the right to erase your personal data (in limited circumstances, such as where it is no longer necessary in relation to the purposes for which it was collected or processed.
Right to restrict processing: You have the right to request we cease processing if – where you object to processing and we have to consider whether we still have a legitimate interest to process it.
Right to data portability: You have the right to port your data in machine-readable format to a third party (or to you) when we justify our processing on the basis of your consent or the performance of a contract with you;
Right relating to automated decision making including profiling:
You have the right to obtain or see a copy of the appropriate safeguards under which your personal data is transferred to a third country or international organization.
Right to Object:
You have the right to object, on grounds relating to your particular situation, at any time to any processing of your personal data for which we have justified on the basis of a legitimate interest, including profiling (as opposed to your consent) or to perform a contract with you. You also have the right to object at any time to any processing of your personal data for direct marketing purposes, including profiling for marketing purposes.