1. Introduction

Breakout Learning, Inc. (together with its subsidiaries, divisions, and brands, collectively, the "Company," "us," "we," or "our," as the context may require) operates and provides the website located at breakoutlearning.com (the "Website"), the Breakout Learning mobile app (the "App") and services provided through the Website, App, and related online platform (referred to collectively as the "Services"). This Privacy Policy (this "Policy") describes our privacy practices for the Services, including the types of information we may collect from you when you visit, access, or otherwise use the Services, and our practices for collecting, using, maintaining, protecting, and disclosing that information. We respect the privacy of the visitors and users of the Services ("you" or "your," as the context may require) and we are committed to protecting your privacy and the security of your personal information through compliance with this Policy.

If you are under 18 years old, please do not use the Services unless your parent or legal guardian set up your account, registered you to use the Services, or otherwise consented to your setting up an account or registering to use the Services.

We may collect, use, and disclose your personal information when your educational agency or institution (as that term is defined in the Family Education Rights and Privacy Act) ("School") (a) purchases the Services for you; (b) creates an account for you; (c) registers you to use the Services; or (d) instructs you to establish an account or register to use the Services. For additional information, please see our Student Privacy Policy.

Please read this Policy carefully to understand our practices regarding your personal information. By accessing or using the Services, you agree to this Policy and the Breakout Learning, Inc. Terms of Use. If you do not agree with our policies and practices, please do not visit, access, use, or otherwise interact with the Services.

2. The Interactions this Policy Covers

This Policy describes and applies exclusively to personal information (as defined below) that we collect on or in connection with the Services and in texts, emails, and other electronic communications sent through or in connection with the Services. Except as otherwise provided in this Policy or as required by applicable law, this Policy does not apply to information that is collected by any app, website, or third party other than the Services. If you visit any other app, website, or third party that we mention or link to, be sure to review its privacy policy before providing it with any information, as that privacy policy will apply to your interactions with that app, website, or third party.

Except as otherwise provided in this Policy, "personal information" is information that identifies, relates to, describes, is capable of being associated with, or otherwise could reasonably be linked, directly or indirectly, with you. "Personal information" does not include information which is generally not considered "personal information" under applicable law, is otherwise exempted under applicable law, such as information which is publicly available or subject to special data privacy laws and/or regulations, or information not otherwise considered "personal information" under applicable law.

3. Information We Collect

We collect several types of information from and about you as a result of your use of the Services and as a result of your communication with us. This information may include:

• Various categories of personal information, such as:
  • Identifiers, including your name, username, email address, physical address, phone number, and other similar identifiers.
  • Education records, including your School, education history, class list, academic performance, and other similar information.
  • IP address and other unique device identifiers.
  • Any other personal information that you upload or share to or on the Services, or which you otherwise provide directly to us.
  • Inferences drawn from any of the above.
• Information that you share during discussions which are transcribed, which may include personal information.
• Information that is about you but individually does not identify you, such as information which has been de-identified or aggregated in a manner where it can no longer be used to identify you.
• Information about your internet connection and the equipment you use to access the Services; your activity on the Services; and other usage details collected through your use of the Services.
• Any other information, including personal information, which you disclose or share.
  
  

4. How We Collect Personal Information 

We may collect personal information:

• Directly from you when you provide it to us;
• Directly from your School, parent, or legal guardian;
• Automatically when you use or access the Services; or
• From third parties.

• Information that you provide by visiting the Website, downloading the App, accessing the Services and registering for an account, having discussions, posting information (as described below), filling in forms on the Services, or otherwise communicating through the Services.
• Your voluntary responses to surveys that we might ask you to complete.
• Records and copies of your communications when you contact us, including information you provide when requesting further information or reporting a problem with the Services.

You may provide information to be published or displayed (hereinafter, "posted") on the Services, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

If you are a student, we may also collect information about you directly from your School, parent, or legal guardian, such as when they register you to use the Services. Please see our Student Privacy Policy for additional information.

As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information, including:

• Usage details. When you access and use the Services, we may automatically collect certain details of your access to and use of the Services, including traffic data, approximate location data, logs, and other communication data and the resources that you access and use on or through the Services.
• Device information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, and mobile network information.

The information we collect automatically may include personal information. This information helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to estimate our audience size and usage patterns and recognize you when you return to the Services.

The technologies we use for automatic information collection on the Services may include cookies. For additional information regarding our use of cookies, please see the Breakout Learning, Inc. Cookie Policy.

We also utilize third-party cookies and other third-party tracking technologies from third-party analytics providers to help us market, troubleshoot, and provide information about our products and services. We use analytics tools provided by third parties including, but not limited to, Google Analytics, which is a third-party service that tracks and reports user behavior and traffic data to Google services in the United States. We use the reports provided by Google and similar service providers to help us understand trends and other activity on the Services and to help us improve the Services. We only use this information to identify trends and potential issues; we do not use it in a way that individually identifies any of our users. Google may use the collected data to contextualize and personalize the ads of its own advertising network. For more information regarding Google and how it collects and processes your information, please see "How Google Uses Information From Sites or Apps That Use Our Services," located at https://policies.google.com/technologies/partner-sites.

We may also receive personal information or draw inferences about you from other sources, including, without limitation, service providers who collect or process information on our behalf. We generally require these service providers to use your personal information only as we direct and in a manner consistent with this Policy.

5. How We Use Your Personal Information

We may use the personal information that we collect about you or that you provide to us:

• To provide you with the Services, all related content, and any other information, products, or services that you request from us.
• To communicate with you and to process your requests, and to communicate with your School and your professors.
• To help maintain the safety, security, and integrity of the Services, as well as our products, services, databases, and other technology assets.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• For testing, research, analysis, and development, including to understand our audience, develop and improve new products and services, and to develop and improve the Services and the Company.
• To respond to law enforcement requests and, as required by applicable law, court order, or governmental regulations.
• To evaluate, negotiate, or conduct a merger, divestiture, restructuring, reorganization, dissolution, other sale, or transfer of some or all of our assets, or the negotiation thereof, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users and customers is among the assets transferred.
• To fulfill any other purpose for which you provide it.
• For any other purpose with your consent.

6. Disclosure of Your Information

We may disclose personal information that we collect or that you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, advisors, and other third parties we use to support our business and who use it only for the purposes for which we disclose it to them.
• To other users of the Services, such as to your professors.
• To an actual or prospective buyer or other successor in the event of an actual or proposed merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We do not sell personal information or use your personal information for targeted advertising.

We may use or disclose aggregated information about our users and information that does not identify any individual without restriction. 

7. Privacy Choices

We strive to provide you with choices regarding the personal information you provide to us. We have gathered the following mechanisms to provide you with control over your information:

• Tracking Technologies. You can refuse or disable some or all cookies, whether by initially refusing cookies when you visit the Services or by setting your browser to refuse, delete, or disable cookies. If you refuse, delete, or disable cookies, some parts of the Services may then be inaccessible or not function properly.
• Device Permissions. Mobile devices offer permission systems for specific types of device data and notifications, such as phone contacts, pictures, location, and push notifications. You can change your settings on your device to either consent to or refuse the collection or processing of the corresponding information or the display of the corresponding notifications. If you disable or refuse certain permissions, the Services may then be inaccessible or not function properly.
• Google Analytics. You can opt out of having your activity available to Google Analytics by installing the Google Analytics opt-out add-on. For more information, visit https://tools.google.com/dlpage/gaoptout.
• Promotional Offers from Us. If you do not wish to have your contact information used by us for promotions, you can opt-out by unsubscribing from any emails you receive from us. Additionally, you can also always opt-out by contacting us as provided in Section 13 (How to Contact Us).
• Accessing, Correcting, Updating, and Deleting Your Information. To access, correct, update, or delete certain information, you can log in and edit your profile, or you can contact us as provided in Section 13 (How to Contact Us). We cannot delete your personal information except by also deleting your account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause that information to be incorrect. If you delete your User Contributions from the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Services.

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, https://thenai.org/opt-out. Similarly, you can opt-out of receiving targeted ads from members of the Digital Advertising Alliance ("DAA") on the DAA's website, https://www.privacyrights.info.

8. Security

We implement various physical, administrative, and technical safeguards in accordance with industry standards to protect the security of your personal information both online and offline. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

9. Retention of Personal Information

We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected and processed, in accordance with our retention policies, and in accordance with applicable laws or until you withdraw your consent (where applicable).

To determine the appropriate retention period for your personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

10. International Data Transfers

The Services are operated and managed on servers located and operated in the United States. Any information collected through the Services as described in this Policy is stored in the United States. If you are located outside of the United States, please note that we may transfer information, including personal information, to the United States, which may not have the same data protection laws as your jurisdiction, and you consent to the transfer of your personal information to, and the storage and further processing of your personal information in, the United States.

11. Children's Privacy

The Services are not directed to nor intended for use by anyone under 16 years old (a "Child" or "Children"). We do not knowingly collect personal information from Children. Children are not authorized to use the Services. If you are a Child, please do not provide any personal information to, on, or through the Services. If we learn we have collected or received personal information from a Child, we will delete that information. If you believe we might have any information from or about a Child, please contact us as provided in Section 13 (How to Contact Us).

12. Changes to this Policy

We reserve the right to review and revise this Policy from time to time, without prior notice, subject to applicable legal requirements. The date this Policy was last reviewed and/or revised is noted at the top of the page. You are responsible for periodically visiting this Policy to check for any changes. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

13. How to Contact Us

To ask questions or comment about your personal information, this Policy, or our privacy practices, you may contact us:

• Via phone at 214-389-1490;
• Via email at support@breakoutlearning.com; or
• Via mail at Breakout Learning, Inc., 3309 Elm St #110-365, Dallas, TX 75226.

14. Notice for Individuals Located in the United Kingdom or European Economic Area

This Section 14 applies exclusively to visitors and users of the Services who are located in the United Kingdom or the European Economic Area ("Data Subjects").

Our lawful basis for processing your personal information is your consent or, as the case may be, performance of your contract with us, our legitimate business interest or the legitimate interest of our affiliates or other third parties in the activity described above, or for our compliance with a legal obligation.

We want to make sure you are fully aware of all of your data protection rights. If you are a Data Subject, you have the following rights:

• Access. You have the right to request copies of your personal information. If you require more than one copy, we may charge you a reasonable fee.
• Rectification. You have the right to request that we correct any inaccurate personal information, or to complete any personal information which is incomplete.
• Erasure. You have the right to request that we erase your personal information, under certain circumstances.
• Restrict Processing. You have the right to request that we restrict the processing of your personal information, under certain circumstances.
• Object to Processing. You have the right to object to our processing of your personal information, under certain circumstances.
• Data Portability. You have the right to request we transfer data that we have collected to you or directly to another organization, under certain circumstances.
• Withdraw Consent. You have the right to withdraw your consent, explicit or otherwise, at any time. If we rely on your consent as the legal basis for our processing of your personal information, we will refrain from processing your personal information.
• Automatic Decision-Making. You have the right not to be subject to automated decision-making.

If you are a Data Subject and would like to exercise any of these rights, please contact us as provided in Section 13 (How to Contact Us). We will respond to your request within 30 days of receipt. If you are a Data Subject and feel we have not resolved a privacy concern related to personal information processed or transferred by us, you have the right to submit a complaint to a supervisory authority.

15. Notice for Individuals Located in Canada

This Section 15 applies exclusively to visitors and users of the Services who reside in Canada. We provide this notice to comply with Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act ("PIPEDA"). We strive to protect your privacy by following each of the fair information principles set out by PIPEDA.

We recognize that we are responsible for personal information under our control. We have designated our VP of Operations as our privacy official to ensure privacy compliance, including PIPEDA compliance. If you have any concerns about our privacy practices and policies, you can contact our VP of Operations at support@breakoutlearning.com. We will thoroughly investigate any complaints received and try to substantively respond within thirty (30) business days of its receipt. If we need more time, we will inform you of the reason and extension period.

If our VP of Operations is unable to resolve your concern, you may also contact the Office of the Privacy Commissioner of Canada.

16. Notice for Individuals Located in Nevada

This Section 16 applies exclusively to visitors and users of the Services who reside in the state of Nevada. Nevada provides its residents with a limited right to opt-out of certain personal information sales. Nevada residents who wish to exercise this sale opt-out right may email us at support@breakoutlearning.com. Please include "Nevada" in your email subject line and include the following information in your email: (i) your name, (ii) Nevada resident address, and (iii) email address. However, please know we do not currently sell data triggering that statute's opt-out requirements.