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Last Revised: April 14, 2021
Personal Information We Collect
As used herein, “Personal Information” means information that identifies or is reasonably capable of identifying an individual, directly or indirectly, and information that is capable of being associated with an identified or reasonably identifiable individual.
We may collect the following categories of Personal Information directly from you:
We may collect the following categories of Personal Information automatically through your use of our services:
We may collect and/or verify the following categories of Personal Information about you from third parties:
We take reasonable and practicable steps to ensure that your Personal Information held by us is (i) accurate with regard to the purposes for which it is to be used, and (ii) not kept longer than is necessary for the fulfillment of the purpose for which it is to be used.
How We Use Your Personal Information
We collect Personal Information about you in an attempt to provide you with the best experience possible, protect you from risks related to improper use and fraud, and help us maintain and improve our Services. We may use your Personal Information to:
How We Share Your Personal Information
We will not share your Personal Information with third parties, except as described below:
You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note that if you reject cookies, you will not be able to use some or all of The Break Outs. If you do not consent to the placing of Cookies on your device, please do not visit, access, or use The Break Outs.
Subject to applicable laws and regulations, we may from time to time send direct marketing materials promoting services, products, facilities, or activities to you using information collected from or about you. You may also opt-out of such communications by following the directions provided in any marketing communication. It is our policy to not provide your Personal Information for those third parties’ direct marketing purposes without your consent.
No security is foolproof, and the Internet is an insecure medium. We cannot guarantee absolute security, but we work hard to protect The Break Outs and you from unauthorized access to or unauthorized alteration, disclosure, or destruction of Personal Information we collect and store. Measures we take include encryption of the The Break Outs website communications with SSL; optional two-factor authentication; periodic review of our Personal Information collection, storage, and processing practices; and restricted access to your Personal Information on a need-to-know basis for our employees, contractors and agents who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
Information For Persons Subject to EU Data Protection Law
While customers who are located in the European Union (“EU”), European Economic Area (“EEA”) or the Channel Islands, or other locations subject to EU data protection law (collectively, “Europe”) are customers of our US entity, we recognize and, to the extent applicable to us, adhere to relevant EU data protection laws. For purposes of this section, “personal data” has the meaning provided in the General Data Protection Regulation (EU) 2016/679 (“GDPR”).
Lawful bases for processing
We process personal data subject to GDPR on one or more of the following legal bases:
European privacy rights
European residents have the following rights under GDPR, subject to certain exceptions provided under the law, with respect to their personal data:
Collection and transfer of data outside the EEA
The Break Outs operates with many of our systems based in the United States. As a result, we may transfer personal data from Europe to third countries outside of Europe, including the United States, under the following conditions:
Where transfers to a third country are based on your consent, you may withdraw your consent at any time. Please understand, however, that our services may not be available if we are unable to transfer personal data to third countries.
When we transfer personal data to third countries, we endeavor to ensure adequate safeguards are implemented, for example through the use of standard contractual clauses or Privacy Shield certification.
We may engage in automated decision-making for purposes of fraud detection and prevention.
If you have questions or concerns regarding this policy or our processing of your Personal Information, please feel free to email us at email@example.com; or write to us at The Break Outs, LLC, 315 Park Avenue South, 16th Floor, New York, New York 10010.
LAST UPDATED – APRIL 2021
This Policy applies to information we collect on the Website and through your use of the Services generally (including when you register for an account), and through communications between you and the Website (including email, text, and other electronic messages).
This Policy does not apply to information collected by third parties, including any websites, services, and applications that you elect to access through the Services. [It also does not apply to any information collected by the Company offline or through any other means, including any other website operated by us or any third party (including our affiliates and subsidiaries).]
Please review this Policy carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Policy when prompted), you agree to the terms of this Policy on behalf of yourself or the entity or organization that you represent. If you do not agree to any term in this Policy, you should refrain from further use of our Services.
The Services and its content are not intended for, nor directed at, children under the age of thirteen (13). No one under the age of thirteen (13) may provide any personal information to or on the Services. Please note that we do not knowingly collect any personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not attempt to use or register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. If it is determined that we have inadvertently collected or received personally identifiable information from a child under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. If you are a parent or legal guardian and think your child under the age of thirteen (13) has given us information, you can contact us at [email].
This Policy was last revised on the date noted at the top of this page. We may update this Policy from time to time. If we make material changes, we will post the updated Policy on this page and notify you of such changes by means of [DESCRIBE NOTIFICATION METHOD - an email to the email address specified in your account, a message on the Services, or through a notice on the Website home page]. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
We receive several types information about you from various sources, including (A) information and content that you give us; (B) automatically collected information; [and] (C) demographic information or other aggregate information[; and (D) information from other sources]. Each is described in further details below.
We collect personal information that you knowingly choose to disclose. This may include:
(i) Personal Information. Personal information, such as your name, address, e-mail address, username, password, and any other information you directly provide us on or through the Services. This includes information you provide when you register or create an account, or request for customer service.
(ii) Email Correspondences. Records and copies of your email messages together with your email address and our responses, if you choose to correspond with us through email.
(iii) User Content. Information or content you submit to be published or displayed on public areas of the Services or transmitted to other users of the Services or third parties (collectively, "User Content"). Your User Content is posted on and transmitted to others at your own risk. The Company cannot control the actions of other users of the Services 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.
(iv) Transaction Information. Information about any purchase or transactions made on the Services. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping, and contact details.
We may use a variety of technologies to collect certain information about your equipment, browsing actions, and patterns whenever you interact with the Services, including:
(i) Activity Information. Details of your visits to our Services, including the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; the time, frequency, and duration of your activities; and other information about your use of and actions on the Services.
(ii) Equipment Information. Information about your computer and internet connection, including your computer operating system, IP address, browser type, and browser language.
(iii) Location Information. Information about the location of your device, including GPS location, for purposes of enhancing or facilitating the Services. For example, such information may be used to enable the functionality or features of the Services that provide you with information about stores near you, or enable you to remotely order and pay for the Services. We may also use information about the location of the device you are using to help us understand how the Services and functionality are being used and to deliver more relevant advertising.
The gathering of this information may be used for maintaining the quality of the Services we provide, as well as providing overall general statistics related to the use of the Services. The technologies we use for this automatic data collection may include:
(ii) Web Beacons. Web beacons are small files that are embedded in webpages, applications, and emails (also known as "clear gifs", "pixel tags", "web bugs", and "single-pixel gifs"). Web beacons allow the Company, for example, to track who has visited those webpages or opened an email, to test the effectiveness of our marketing, and for other related website statistics.
(iv) Entity Tags. Entity Tags are HTTP code mechanisms that allow portions of websites to be stored or "cached" within your browser and validates these caches when the website is opened, accelerating website performance since the web server does not need to send a full response if the content has not changed.
(v) HTML5 Local Storage. HTML5 local storage allows data from websites to be stored or "cached" within your browser to store and retrieve data in HTML5 pages when the website is revisited.
(vi) Resettable Device Identifiers. Resettable device identifiers (also known as "advertising identifiers") are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" or "IDFA" on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain streaming media devices. Like cookies, resettable device identifiers are used to make online advertising more relevant.
We may collect demographic, statistical, or other aggregate information that is about you, but individually does not identify you. Some of this information may be derived from personal information, but it is not personal information and cannot be tied back to you. Examples of such aggregate information include gender, age, race, household income, and political affiliation.
We may receive information about you from other sources and add it to our account information. We protect this information according to the practices described in this Policy, plus any additional restrictions imposed by the source of the data. These sources may include online and offline data providers, from which we obtain demographic, interest-based, and online advertising related data; publicly-available sources such as open government databases or social networks; and service providers who provide us with information, or updates to that information, based on their relationship with you. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product or service recommendations and special offers that are more likely to interest you.
We may use the information we collect about you in a variety of ways, including to:
(i) provide the Services and its content to you;
(ii) respond to comments and questions, and provide customer service;
(iii) fulfill any other purpose for which you provide such information;
(iv) communicate with you about your order, purchase, account, or subscription;
(v) inform you about important changes to, or other news about, the Services or any of its features or content;
(vi) operate, maintain, improve, personalize, and analyze the Services;
(vii) monitor and analyze trends, usage, and activities for marketing or advertising purposes;
(viii) detect, prevent, or investigate security breaches, fraud, and other unauthorized or illegal activity;
(ix) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
(x) maintain appropriate records for internal administrative purposes;
[(xi) allow you to participate in interactive features on the Services;]
(xii) send promotional communications, such as information about features, newsletters, offers, promotions, contests, and events;
(xiii) share information across the Company's products and devices to provide a more tailored and consistent experience on all Company products you use;
(xiv) develop, test and improve new products or services, including by conducting surveys and research, and testing and troubleshooting new products and features;
We may disclose aggregated or anonymized information about our users without any restrictions. We will not share your personal information that we collect or you provide as described in this Policy except in the following circumstances:
(A) With subsidiaries and affiliates for business purposes. To our subsidiaries and affiliated companies for purposes of management and analysis, decision-making, and other business purposes.
(B) When we work with service providers. To service providers, contractors, and other third parties that provide us with support services, such as credit card processing, website hosting, email and postal delivery, location mapping, product and service delivery, or analytics services, and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
(C) When we become involved in a sale or transfer of the Company. If we become involved with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company's assets (whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding), to business entities or people involved in the negotiation or transfer.
(D) When we are required by law. To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
(F) To help protect lawful interests. If we believe disclosure will help us protect the rights, property, or safety of the Company, our users, partners, agents, and others. This includes exchanging information with other companies and organizations for fraud protection, and spam and malware prevention.
(G) To fulfill the purpose for that information or with your consent. To fulfill the purpose for which you provide the information, for any other purpose disclosed by us when you provide the information, or with your consent.
[(H) When we work with marketing service providers. To marketing service providers to assess, develop, and provide you with promotions and special offers that may interest you, administer contests, sweepstakes, and events, or for other promotional purposes.]
Information that you post on or through the public areas of the Services (e.g., chat rooms, bulletin boards, and discussion groups) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the Services are encouraged to exercise caution when providing personal information about themselves in public or interactive areas.
6.1 Mechanisms to Control Your Information.
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
(ii) Promotional Communications from the Company. If you do not wish to have your contact information used by the Company to promote our own or third-party products or services, you can opt-out by (i) informing us of your preference at the time you sign up for our newsletter, or complete any other form on or through the Services which we collect your data; (ii) modifying your user preferences in your account profile by checking or unchecking the relevant boxes; (iii) following the opt-out instructions in the promotional emails we send you; or (iv) sending us an email stating your request. Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your account or purchases.
6.2 How We Respond to Do Not Track Signals "Do Not Track" is a privacy preference you can set in most web browsers. When you turn on this preference, it sends a signal or message to the websites you visit indicating that you do not wish to be tracked. Please note that we currently do not respond to Do Not Track browser settings.
You may send us an email to request access to, correct, or remove any personal information that you have provided to us. You may also access, correct, or remove your personal information by logging into the Website and visiting your account profile page. [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 the information to be incorrect.
[If you delete your User Content from the Services or your account, copies of your User Content may remain viewable in cached and archived pages, or might have been copied or stored by other users of the Services.]
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information which we share with our affiliates and third parties for marketing purposes, and providing contact information for such affiliates and third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: [address or email].
We will make every effort to promptly respond to your request.
We take reasonable precautions to secure your personal information. [We have implemented technical, physical, and administrative security measures designed to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your information. We have put in place appropriate physical, electronic, and managerial procedures to safeguard the information we collect. All information you provide to us is stored on our secure servers behind firewalls. When you transmit highly sensitive information (such as a credit card number) through the Services, we encrypt the transmission of that information using Secure Sockets Layer (SSL) technology.]
The safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time. 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 Website or any other Services.
Last Updated: December 22, 2020
Personal Information We Collect
We may collect information reasonably capable of identifying you as an individual (“Personal Information”). Personal Information does not include anonymous or aggregate information that does not identify you as an individual.
What We Do With Personal Information We Collect
We use the Personal Information we collect to:
When We May Share Personal Information
We rely on service providers to make some of the Platform’s features work, including our website providers or the company who supports the chat feature. These providers may have access to Personal Information we collect so they can do this work on our behalf. We work hard to ensure these providers only access and use your information as necessary to perform their functions.
We also collect basic analytics data through Cookies when you access or use the Platform. A “Cookie” is a small piece of data or text file stored on the local hard disk of your computer or mobile device. These include our own first-party Cookies and third-party Cookies. Some Cookies are only stored temporarily and destroyed each time you close your web browser. Others may remain on your browser and may collect and store data for a period of time after you have left the Platform.
How you can control Cookies
If you wish to prevent Cookies from tracking your activity on our Platform or visits across multiple websites, you can set your browser to block certain Cookies or notify you when a Cookie is set. For more information on how you can customize your browser’s Cookie setting please visit the link to your web browser below:
You may opt-out of interest-based advertising in general by visiting the Digital Advertising Alliance’s or Network Advertising Initiative’s websites. We are not responsible for the completeness, effectiveness, or accuracy of any third-party opt-out options or programs.
If you block Cookies, some features that make the Platform function property may not work and your experience may be affected.
You may contact us at firstname.lastname@example.org to update or correct any Personal Information we collected about you.
You can unsubscribe from commercial or marketing communications from us by contacting us at email@example.com or following the instructions at the bottom of any email you receive from us.
California Privacy Rights
Minors and Children
The Platform is not intended for use by children under the age of 18, and we do not knowingly collect Personal Information from children under the age of 13. If we learn we collected Personal Information from a child under 13 we will delete that information from our files.
Third-Party Links and Services
Our Policy only applies to our Platform and does not apply to third-party websites or services because we do not control those third parties. We are not responsible for the privacy practices or content of third-party websites. We encourage you to review the privacy policies of those third-party sites to learn about their practices or what rights you may have.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) sets forth a Notification and Counter Notification process initiated by a party complaining of alleged copyright infringement on the SuperRare Platform. We may share information of the notifying, counter-notifying party, and any involved third parties, such as a Collector, of an allegedly infringing artwork to facilitate communication between the relevant parties for the purposes of complying with or resolving a DMCA dispute or allegation of copyright infringement.
Nothing in this Policy restricts our ability to:
Changes to this Policy
If you have questions about this Policy or how we treat your Personal Information, please contact us at firstname.lastname@example.org.