Break.com - Privacy Policy

Privacy Policy from Break.com. The live version of this document is available at http://www.break.com/corp/privacy/. This document is a part of Docracy's Terms of Service Tracker project, which tracks changes to terms of service and privacy policy documents of many of the world's top websites.

Effective as of September 23, 2013

At Break.com, a website and related mobile application operated by TMFT Enterprises, LLC d/b/a Break Media (“Break Media”), we are committed to respecting people’s privacy online. We are also committed to providing you with the very best experience we can on our website. In order to do so, we may gather certain personal information about you. Please read the following policy to understand how we collect and use data collected on this website and on the network of websites on which we collect data. By using Break.com, you consent to the collection and use of your information by Break Media as described in this Policy, and you signify your agreement to the Break Privacy Policy. References to the “site” in this document shall encompass the break.com mobile application.

Information submitted by you for inclusion on your Break profile.

Information, pictures and media files you upload to your account ("Submissions") will be posted on the site, subject to our Users Terms and Conditions and accessible by all visitors to the site (unless you expressly restrict such access through your account settings), and Break Media has no control over, and shall incur no responsibility for, how such visitors will use such Submissions. Break Media reserves the right (but not the obligation) to remove or edit Submissions, but does not regularly review Submissions.

We may offer chat, user reviews, multi-player games, bulletin board, or other public functions and any posting by you is considered public information available to other users. Any posting is governed by our Terms of Use. You should take care to not use personal information in your screen name or other information that might be publicly available to other users.

Please remember that if you post any of your personal information in public areas of the website, such as in online forums or chat rooms, such information may be collected and used by others over whom we have no control. We are not responsible for the use made by third parties of information you post or otherwise make available in public areas of the website.

What personal information does Break Media collect?

When you register for the website, we collect personal information such as name, age, and email in order to set up your account.

In addition to the information we collect upon your initial registration with Break.com, we may ask you for personal information at other times, including, but not limited to, when you enter promotions or contests, and when you respond to a survey. We also use "cookies" (as described in our "cookies" section below) to track your activities on our websites.

Upon cancelling your Break account, you have the right to request deletion of your account information, subject to our need to keep appropriate archives for our business operations.

For reasons such as improving member experience and providing customized communications to our users, we may receive information about you from third party sources and our web logs and add it to the information that we have received from you. Web logs automatically record anything a web server sees, which may include e-mail addresses you enter into a form or pages viewed by a user at a particular IP address.

What do we do with the personal information we collect?

  1. It is used to set up and maintain your Break.com account. If you provide us with your mobile phone information, we may use such information to communicate with you regarding Break.com by SMS, MMS, text message or other electronic means to a mobile device.
  2. Your phone number may be used in the event that our customer service representatives need to contact you and cannot reach you by email.
  3. Your personal information will never be sold to any other website owner or merchant. We hate junk mail as much as you. This is why we will only send you email about items that we feel you should know about. This includes special promotional items that Break Media endorses, membership changes, terms and conditions changes, Holiday cards, and the latest happenings on Break.com. When we send you emails that include a link to the website, that link may contain an alphanumeric identifier that allows us to identify the person to whom we sent the message so that we can personalize our content for that individual.

What non-personal information does Break Media collect?

When you visit Break.com, we collect some basic information that does not identify individual users. This includes which pages are visited, which advertisements are viewed, and any feedback from our visitors. We then aggregate this information with other pieces of information to improve our site and make your experience on the site as valuable and efficient as possible.

Behavioral advertising

We analyze the non-personal information we collect or obtain from third parties and organize it into anonymous user profiles, groups, and audiences, based on factors such as age, gender, geography, interests and online actions. We and our clients and partners then use these anonymous user profiles, groups and audiences to design and deliver customized advertising campaigns or other relevant content. We and our clients also use this data for other related purposes (for example, to do research regarding the results of our online advertising campaigns or to better understand the interests or activities of our visitors.) The behavioral categories we use to customize the ads you may see or for related purposes do not use personal information such as your name, address, e-mail address, phone number, birth date or social security number. Our technology and services are designed to limit our use of consumer data to anonymous, non-personal information.

When you visit any of the websites that participate in the Break Media Network and view ads from Break Media's advertisers, Break Media automatically receives and stores certain types of non-personally identifiable information including IP address, web pages viewed, date and time, and responses to advertisements delivered. While each advertising technology uses different types of technology to collect this information, including log files, cookies and pixels, none of the foregoing by itself or together can be tracked to a specific individual's personally identifiable information, and the non-personally identifiable information collected by Break Media will not be shared with third parties, except as expressly indicated in this Privacy Policy. The non-personally identifiable information collected through your use of the websites of the Break Media Network is used to provide relevant, targeted advertising and improve Break Media's advertising technology; monitor website traffic; collect statistical data; determine the effectiveness of advertisements and content; and collect data across multiple websites to categorize likely consumer interest segments for use in online behavioral advertising. Break Media may track visits to the Break Media Network and this information may be used over time to help predict your consumer interest segments and select the ad content you see. Break Media may also use non-personally identifiable profile-based anonymous information with other non-personally identifiable information. Break Media does not create or use potentially sensitive data segments such as health-related segments, to provide its targeted online behavioral advertising for brand advertisers.

Opt-out

Users who no longer wish to receive our email updates or other notifications may opt-out of receiving these communications by following the instructions contained in the applicable email or by logging-in and changing their account settings.

In addition, you may choose to not participate in our personalized advertising services by "opting out" of such personalized advertising services through the Network Advertising Initiative's Consumer Opt-out Program. Opting out will not remove advertisements. You will continue to see advertisements provided by Break Media, but the advertising will not be customized or targeted based on information collected by Break Media. Your will need to update your opt-out preferences if you change/update browsers or computers, or if you delete cookies.

Data retention

We and our partners may retain the anonymous user data we collect for up to nine (9) months from the date of its collection, after which time it is deleted from our and our partners' active databases. In addition, we maintain archives of our web logs, database, and other systems and information. Please note that it is possible some of this information may remain archived after we delete the information from its active database. We maintain archives for disaster recovery, legal and other non-marketing purposes.

Break Media does not sell, rent, or trade any personally identifying information with others. However, when one or more of our business partners co-sponsor a service, promotion and/or contest, we may share some or all of the information collected in connection with such service, promotion or contest with the co-sponsor(s). If you do not want your information to be shared, you will be able to choose not to allow the transfer by not using or signing up for that particular service, promotion or contest.

We may also share aggregate user information in a non-personally identifiable manner with advertisers and other third parties in order to present to users more targeted advertising, products and services.

We may contract with third parties to conduct research and marketing on our behalf. Such third parties will be fully bound by an obligation of confidentiality to Break Media and may not use any personally-identifiable information provided by us other than as expressly instructed by us and in strict compliance with the terms of this Privacy Policy.

We may, from time to time, supplement the information we collect from you with outside records (e.g., information we obtain from other companies, including wireless providers) to enhance our ability to serve you, to tailor our content to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you. To fulfill your requests for products and services (e.g., provide you with content via your mobile phone), we may share the personally identifiable information you provide with your mobile phone service provider or their partner and subcontractor companies. Our privacy policy does not cover such entities’ use of information. To learn more about your provider's privacy practices, you should consult its privacy policy.

What information do parties other than Break Media collect?

Some entities that have links on our site may collect personally identifying information about you when you access or utilize those links. Break Media does not control the collection or use of such information, and the practices of those advertisers and websites are not covered by this Privacy Policy.

It is important to note that those entities may not follow the same privacy policies as Break Media. For instance, if you click on an advertisement on Break.com, you may be taken away from Break.com to an entirely different site. These links can also be from advertisers, content providers and/or partners who may use Break.com's logo and/or style as a result of a co-branding agreement yet they may still not follow the same privacy policies as Break Media.

Applications you use or download from our site may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features (e.g., preventing distribution of or access to the applications in the event of unauthorized use). These DRMS are subject to their own license agreements and you agree that we shall not be responsible for any loss or damage of any sort relating to the use of the DRMS or your dealings with such third parties. The applications may also contain DRMS produced by us which allow for communication between the applications you use or download and our systems and which collect information describing your computer system in order to prevent illegal or unauthorized use of the applications.

What are "cookies" and "web beacons" and how do we use them?

Our site may use "cookies" and "web beacons" to speed navigation, keep track of items viewed, clicked on and/or shared, including links and advertisements, and provide you with custom-tailored services. A "web beacon" is an embedded GIF file that specifically helps us track whether you have viewed a specific piece of content. We also use "cookies" to remember information you gave us so you don't have to re-enter it each time you visit the site. By showing us how and when visitors use the site, "cookies" and "web beacons" allow us to see which site areas and content are popular, and help us target content and advertisements based on user behavior. In addition, "cookies" will allow us to display in your profile which Break Media and affiliated websites you have visited, unless you opt out of that feature in your account. We also collect IP addresses for system administration and to report aggregate information to any sponsors. Some advertisers or websites that have links on our site may also use their own "cookies." We do not control these "cookies." You should check the privacy policy of these advertisers or websites to see whether and how they use "cookies."

Most browsers are initially set to accept "cookies." If you'd prefer, you can set yours to refuse "cookies." You will not be able to use our service if you turn off the "cookies" option.

Security

Our member accounts are secured by member-created passwords. In addition, we use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff.

However, please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of our member information at any time.

COPPA compliance

Our site is not directed to children under the age of 13. We assume products purchased through credit card means are purchased by adults. We have designed this privacy policy in order to comply with the Children's Online Privacy Protection Act ("COPPA"). We will never knowingly collect any personal information about children under the age of 13. If we obtain actual knowledge that we have collected personal information about a child under the age of 13, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third parties.

If a parent believes that his or her child has submitted personal information to us, he or she can contact us via e-mail or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13. Please note that it is possible some of this information may remain archived in web logs and back-up archives after we delete the information from its active database.

We believe that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.

Business transitions

In the event Break Media goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.

California User Consumer Rights.

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected]. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov

Users Located Outside of the United States

We make an effort to protect the personal information of all users of Break.com. If you are unsure whether this privacy policy is in conflict with the rules applicable where you are located, you should not submit your personal information to Break.com. IN ADDITION, IF YOU ARE LOCATED WITHIN THE EUROPEAN UNION, YOU SHOULD NOTE THAT YOUR INFORMATION WILL BE TRANSFERRED TO THE UNITED STATES, THE LAWS OF WHICH MAY BE DEEMED BY THE EUROPEAN UNION TO HAVE INADEQUATE DATA PROTECTION. Users of Break.com located in countries outside of the United States who submit personal information do thereby consent to the transfer of that information to and/or storage of the information in the United States.

Cooperation with law enforcement; fraud protection

Break Media fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to disclose information about members who we believe are in violation of applicable laws or regulations, or as required to respond to a subpoena, court orders or other legal process requiring such disclosure. We also reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful and to exchange information with other companies and organizations for fraud protection.

Changes to our Privacy Policy

Use of information we collect is subject to the Privacy Policy in effect at the time such information is used or collected. From time to time, we may change our Privacy Policy and will notify you of those changes by email or post a notice on the Break.com website. Users are bound by any changes to the Privacy Policy when they use Break.com after such changes have been first posted. Please note that if you opt out of receiving legal notices from us, those legal notices will still govern your use of Break.com, and you are responsible for reviewing such legal notices for changes.

 
should you have any questions regarding our Privacy Policy.

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