Privacy Policy

Thank you for your interest in the BreakOut App and the website platform at www.breakout.fm (collectively the “App”), which are owned and operated by BreakOut Global Technologies, Inc. (“BreakOut”).  Throughout this Privacy Policy the words “we”, “us” and “our” refer to BreakOut and its affiliates, and the words “you” and “your” refer to App users.  This Privacy Policy applies to information that we collect through the App and to our handling of such information.  This Privacy Policy does not apply to our data collection activities offline or otherwise outside the App (unless otherwise stated below) or to information you provide to or is collected by any third party.  Please review the Terms of Use, which govern your use of the App. 

By accessing and using the App, you consent to our Privacy Policy and to our collection, use and sharing of your information and data, and other activities, as described below. 

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.

1. 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:

Strictly Necessary.  We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use the App, including cookies required to prevent fraudulent activity and improve security.

Performance‑Related.  We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the App, including as part of our analytic practices or otherwise to improve the content, products or services offered through the App.

Functionality‑Related.  We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when using the App, including identifying you you use the App or keeping track of our specified preferences, including in terms of the presentation of content of the App.

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.

We obtain your consent to our information storage or collection Tracking Technologies by providing you with transparent information in our Privacy Policy and providing you with the opportunity to make a choice to disable cookies as set forth above.  Please note that we are not required to obtain your consent to the information collection Tracking Technologies identified above.

We are giving you detailed notice of the Tracking Technologies so that your consent to these Privacy Policy Terms is meaningfully informed.

Third Party Tracking and “Do Not Track.”

There may be other Tracking Technologies now and later devised and used by us in connection with the App.  Further, third parties may use Tracking Technologies in connection with the App, which may include the collection of information about your online activities over time and across third-party web sites or online services.  We may not control those Tracking Technologies and we are not responsible for them.  However, you consent to potentially encountering third-party Tracking Technologies in connection with use of the App and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties.  Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals).  Currently, we do not monitor or take any action with respect to these signals or other mechanisms.

(c) Information Third Parties Provide About You

We may, from time to time, supplement the information we collect directly from you as a result of your use of the App with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you.  To the extent we combine information we receive from those sources with your Personal Information we collect via the App, we can use, share and sell such information without limitation.  In no circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.

(d) Interactions with Third-Party Sites

The App may include functionality that allows certain kinds of interactions between the App and a third-party web site or application.  The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us.  For example, when you sign up to use the App, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the App, or otherwise link accounts.  If we offer and you choose to use this functionality to access the App, the third-party site or application may send Personal Information about you to us.  You agree that we can collect, use, share and sell that information as we choose, without limitation. In addition, we may provide third-party sites’ interfaces or links via the App to facilitate your sending communications about your order.  For example, we may use third parties to facilitate emails, tweets or Facebook postings.  These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy.  BreakOut may not control or have access to your communications through these third parties.  Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices.  You should review the applicable third-party privacy policies before using such third-party tools accessible via the App.

Articles and other content accessed through the App may include embedded content (e.g. videos, images, articles, etc.) from other website sources. Embedded content from a third-party website behaves in the exact same way as if you had visited the other website.  You should be mindful that these websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

2. How Do We Use the Information Collected?

Generally.  We may use your Personal Information or Usage Information that we collect about you as we see fit, without limitation.  This includes: (1) to provide you with information or services or to process transactions that you have requested or agreed to receive, including to send you electronic newsletters; (2) to store information about your preferences; (3) to enable you to participate in a variety of the Service’s features; (4) to send promotional or marketing emails to you relating to BreakOut, and also on behalf of the other businesses or organizations; (5) to display advertisements to our advertisers’ target audiences (even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria); (6) to process your account inquiry, including verifying your information is active and valid; (7) to improve the App, improve our services or create new service offerings, to customize your experience on the App, or to serve you specific content that is most relevant to you; (8) to contact you with regard to your use of the App and, in our discretion, changes to the App and/or any of the App’s terms and conditions of use; (9) for internal business purposes; (10) to recognize you when you use the App; and (11) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

3. 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.

(c)        To Protect the Rights of BreakOut and Others.  To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of BreakOut or third parties (including through the enforcement of this Privacy Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders).  To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.

(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.

4. 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.

For full terms and conditions regarding User Content you submit to the App, please review the Terms of Use .

5. 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.

6. 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.

Please note that we reserve the right to send you certain communications relating to your account or use of the App, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.  If you have any questions about the Privacy Policy or practices described in it, you should contact us on [email protected].

7. What About Transfer of Information to the United States?

If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States.  The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States.  By using the App or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

8. 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).

9. 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.

10. 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.

11. 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.

12. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time.  Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of the App indicates your consent to the privacy policy posted at the time of use.  However, we will not use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent.  To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.

13. GDPR

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.