Breakthru Privacy Policy

Breakthru is part of Breakthru Immersive, Inc, 809 Pacific Ave, Venice, CA 90291 USA. This Privacy Policy will explain how our organization uses the personal data we collect from you when you use our application.

1. Scope of this Policy

Breakthru Immersive, Inc. (referred to as “Breakthru,” “we,” “us,” “our”) provides immersive wellbeing experiences for the workday that are powered by spatial computing, artificial intelligence, and body movements. Breakthru provides two-minute immersive microbreaks (“Breaks”) to remind users to harness small restorative movements each day to boost mood, productivity, and wellbeing.

Breakthru respects your privacy and values your trust. We are committed to ensuring that the personal information stored by our systems is suitably protected and used appropriately. The purpose of this Privacy Policy is to inform you of the treatment and handling of information that we may learn about you from using our application (the “App”), your visit to the Breakthru website at www.breakthru.me (the “Site”), your engagement with our content, and/or by use of any of our services (collectively, the “Service”). If you have any questions regarding this information or our privacy practices, please see the section entitled Contact Information at the end of this Privacy Policy.

Section 8 of this Privacy Policy addresses Breakthru’s collection, treatment, and handling of information that we may learn about children under 13.

2. Agreement to Terms

If you do not agree with the terms of this Privacy Policy or our Terms of Use, please immediately discontinue use of the Service without providing us any personally identifiable information.

3. Information We Collect

We may collect the following categories of personal information (a) directly from you (for example, if you use our App or communicate directly by sending an email to support@breakthru.me); (b) from third-parties (such as when Microsoft provides us with certain information as described below); (c) from the device and browser that you use to access the Service, and (d) from cookies and similar technologies. The categories of information we may collect through these methods is described below.

Using Our App

Our App is available through Microsoft Teams. If you choose to download the App through Microsoft Teams, we collect the following information:

• Email address. This is the email address associated with your Microsoft Teams account.
• Microsoft Teams ID. Also referred to as the Microsoft Teams Group ID, this is a unique identifier assigned by Microsoft, which identifies your membership within a specific team in Microsoft Teams.
• Microsoft Teams ID. Also referred to as the Microsoft Teams Group ID, this is a unique identifier assigned by Microsoft, which identifies your membership within a specific team in Microsoft Teams.
• Payment Information. We may collect payment details, such as your name and credit or debit card information. We use certain third parties to process payments on our behalf (e.g., Stripe, Microsoft) and your payment details will be collected and processed directly by these third-party payment processors.

We maintain a history of the Breaks you have selected and allow you to set reminders to participate in a Break.

In addition, Microsoft makes certain unidentified and/or aggregate information available to us when you use the App. This information includes when users access the App, which Breaks they select, and the locations (limited to city, state, and country) of users who access the App. Users are not identified by name, email address, or other directly identifiable personal information and we never attempt to individually identify users through this information.

Visiting Our Site

If you visit our Site, we may collect information through cookies. The cookies on our Site collect information such as your computer or mobile device type, browser type, geolocation information (limited to city, state, and country), and information regarding your interaction with our Site (such as when you accessed the Site, which pages you visited, and how long you stayed on each page).

For more details regarding the types of cookies on our Site, please see the Cookie section below.

Contacting Us

If you contact us directly, such as by sending an email to support@breakthru.me or contacting us through the Site, we may collect the content of any email or communication you send to us, including any personal information you choose to include in a message to us (e.g., your name, email address, and company name).

You are not required to provide all personal information identified in this Privacy Policy to use our Service or to interact with us, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to provide you with access to the App or respond to your requests.

4. Cookies

As noted above, our Site uses cookies. A cookie is a small string of information that a website you visit or mobile device transfers to your computer or device for identification purposes. Cookies can be used to follow your activity on a website and across websites, and that information helps websites to understand your preferences and improve your website experience. Some cookies are necessary to operate a website, while others can be functional or analytical. Cookies on our Site are generally divided into the following categories:

• Strictly Necessary Cookies. These are cookies that are required for the operation of certain features of our Site. Because our Site uses Vimeo’s embedded video player, Vimeo sets cookies that are essential to the video player experience. You can read more about Vimeo’s cookie policy at https://vimeo.com/cookie_policy.
• Analytical/Performance Cookies. These allow us to recognize and count the number of users on the Site and understand how such users navigate through the Site (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). This helps improve how the Site works, for example, by ensuring that users can find what they are looking for easily.
  
  We use Google Analytics for part of this process. For more information about Google Analytics, please visit http://www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics’ collection and use of data generated by your use of the Site by going to https://tools.google.com/dlpage/gaoptout.

You can prevent the use of certain cookies by modifying your Internet browser settings typically under the sections “Help” or “Internet Options.” If you disable or delete certain cookies in your Internet browser settings, you may still access our Site, however, you might not be able to access or use functions or features of our Site.

Do-Not-Track Signals

At this time, Breakthru does not recognize automated browser signals regarding tracking mechanisms, which may include “do-not-track” instructions.

5. Our Use of Collected Information

We use personal information for the following purposes:

• To provide Breaks through our App;
• To provide users with a history of Breaks taken and to allow them to set reminders;
• If you contact us directly, to communicate with you, respond to your email, and to manage our relationship with you.

We use unidentified and/or aggregate information to:

• To analyze use of the App and Site, and to improve our Service;
• To detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible.

We may also use personal information to comply with and enforce legal and regulatory requirements, relevant industry standards, and our policies.

6. Our Sharing of Information

We do not sell personal information and personal information will not be shared with third parties for their marketing purposes. Breakthru only shares personal information where necessary for a business purpose (such as to provide or improve our Service) or as otherwise required by law.

The types of third parties with whom we share information depends on how you interact with us, as described below.

Using Our App

Because our App is integrated with Microsoft Teams and Microsoft provides certain analytics information concerning use of the App to us, information is shared between Microsoft and Breakthru. This information is shared to allow you to use the App (including the history and reminder functions) and to allow us to analyze use of the App, improve the App, and detect and protect against security and similar incidents.

We also use authorized third parties to process payments on our behalf (e.g., Stripe, Microsoft). If you enroll in a subscription to the App, you may be required to submit payment details directly to these authorized payment processors. These payment processors may be directly responsible to you for their use of your personal information. They may be obliged by law to provide you with additional information regarding the personal information that they hold about you and how and why they process that information. Further information may be provided to you in a separate notice or may be obtained from such payment processors directly, for example, via their websites.

Visiting Our Site

If you visit our Site, we may share information with service providers, including video-hosting providers (e.g., Vimeo) and web analytics service providers (e.g., Google Analytics), through the use of cookies. For more information about cookies, see the Cookies section above.

In General

We may share information with advisers and financial institutions that provide legal advice, tax advice, business continuity support services, and/or risk, audit and compliance advice to us.

In addition, in the event of a corporate restructuring, sale, transfer or assignment of assets, merger, divestiture or other change to the company’s control or financial status, and where permitted by applicable laws, we may share information with the acquiring party and their advisers. In the event the acquiring party wishes to alter the use or sharing of personal information in a manner that is materially inconsistent with this policy, you will be provided notice of, and provided an opportunity to consent to, the new or changed practice.

We may also share information with government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with: (a) responding to a subpoena, search warrant or other lawful request for information we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

7. Our Storage and Retention of Personal Information

We retain information collected through the App for as long as you use the App. If you delete the App, we typically retain personal information for no longer than three months after the App is deleted. We may retain personal information for a longer period but only if it is needed for the purpose of addressing tax, corporate, compliance, employment, litigation, or other legal rights and obligations. In those cases, we will only retain your information for as long it is needed for those purposes.

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction.

Unfortunately, the transmission of information via the Internet is not always completely secure. Although we make reasonable efforts to protect your personal information, we cannot guarantee the security of your information as it is transmitted to us. To the extent permitted under applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized access by third parties, or other causes beyond our control.

8. Children’s Privacy

This section describes Breakthru’s collection, treatment, and handling of information that we may learn from children under 13 through their use of the App. Please note, our Site is not intended for use by people under 13 years of age and we do not knowingly or intentionally gather personal information about visitors to our Site who are under the age of 13.

Collection of Information

Breakthru only collects and processes personal information through the App from a child under 13 where that student’s school, district, and/or teacher has contracted with Breakthru and consented to the collection of the student’s information. Breakthru collects and uses personal information from students under 13 solely for the educational purposes authorized by the school, district, or teacher, and not for any other commercial purpose. If you are a teacher or other employee of a school or district, and are acting on behalf of the school or district, you consent to the collection and processing of student information as described within this Section 8 (Children’s Privacy) and represent and warrant that you have obtained any required parental consent for a student under 13 to use the App.

Teacher consent in lieu of a parent. With regard to school-based activities, COPPA allows teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. Schools should always notify parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site.

As noted above, our App is available through Microsoft Teams. If you choose to download the App through Microsoft Teams and enroll a student in the App, we collect the following information:

• Email address. This is the email address associated with the student’s Microsoft Teams account. Student email addresses consist of a number and domain (e.g., 123456@school.edu). Breakthru does not know or have access to student names.
• Microsoft Teams Tenant ID. This is a unique identifier that is assigned by Microsoft and associated with the educational organization through which the student uses Microsoft Teams.
• Microsoft Teams ID. Also referred to as the Microsoft Teams Group ID, this is a unique identifier assigned by Microsoft, which identifies the student’s membership within a specific team (such as a particular grade or class) in Microsoft Teams.

We maintain a history of the Breaks the student has selected and allow the student to set reminders to participate in a Break.

In addition, Microsoft makes certain unidentified and/or aggregate information available to us when the App is used. This information includes when users access the App, which Breaks they select, and the locations (limited to city, state, and country) of users who access the App. Users are not identified by name, email address, or other directly identifiable personal information and we never attempt to individually identify users through this information.

Sharing of Information

Our App is integrated with Microsoft Teams and Microsoft provides certain analytics information concerning use of the App to us. This information is shared to allow students to use the App (including the history and reminder functions) and to allow us to analyze use of the App, improve the App, and detect and protect against security and similar incidents.

We may share information with advisers and financial institutions that provide legal advice, tax advice, business continuity support services, and/or risk, audit and compliance advice to us.

We may also share information with government bodies, dispute resolution organizations, law enforcement agencies, or third parties in connection with: (a) responding to a subpoena, search warrant or other lawful request for information we receive; (b) cooperating in a law enforcement or similar investigation; or (c) otherwise protecting our rights, as applicable.

Review, Access, and Retention of Information

Breakthru will delete students’ personal information upon request and, in any event, if the App is deleted, we typically retain personal information for no longer than three months. We may retain personal information for a longer period but only if it is needed for the purpose of addressing tax, corporate, compliance, employment, litigation, or other legal rights and obligations. In those cases, we will only retain personal information for as long it is needed for those purposes.

Breakthru allows teachers, schools, and/or districts to review and delete the personal information collected from their students by contacting us at support@breakthru.me. If you are a parent and/or legal guardian and wish to review or delete the personal information belonging to your child, please contact us at support@breakthru.me. Please include the child’s email address and the parent/guardian’s email address and telephone number. To protect children’s privacy and security, we will take reasonable steps to help verify a parent’s identity before granting access to any personal information.

If we learn we have collected personal information from a student under 13 other than pursuant to this section, or if we learn that a student under 13 has provided us personal information beyond that which is described above, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this section, please contact us at support@breakthru.me.

9. Third-Party Links

For your convenience, we may link to third-party sites and services, or otherwise display third-party content through our Site. This includes:

• Links to Microsoft to allow users to download and access the App;
• Links to our profile on social media sites such as LinkedIn, Twitter, and Vimeo; and
• Videos embedded in our Site that are hosted by Vimeo.

We have no control over these linked sites, each of which has independent privacy and information collection practices. As such we have no responsibility or liability for and are not responsible for the privacy practices or the content of any such websites. Please note that these other sites may send their own cookies to you, collect data, or solicit personal information. We encourage you to review their policies before engaging with these third-party sites.

10. Your Privacy Choices

You may view or modify scheduled Breaks by accessing your calendar through the App. You may also view your Break history by clicking on the history tab in the App. To request to access, modify, or delete your personal information, contact us at support@breakthru.me.

11. Additional Disclosures for United Kingdom (UK) and European Union (EU) Residents

Personal Information We Collect

The Information We Collect section above details the personal information that we collect from you.

Recipients of Personal Information

The Our Sharing of Information section above details how we share your personal information with third parties.

Data Transfers

As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information will be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. With respect to transfers originating from the European Economic Area, we implement the standard contractual clauses approved by the European Commission. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as detailed below.

Retention of Your Personal Information

As noted above, if you delete the App, we typically retain personal information for no longer than three months after the App is deleted. We may retain personal information for a longer period but only if it is needed for to address tax, corporate, compliance, employment, litigation, or other legal rights and obligations. In such cases, we only retain your information as long it is needed for those purposes.

Legal Basis for Processing Your Personal Information

We collect and process your personal information for the purposes set out in the Our Use of Collected Information section above, including: (i) as may be necessary to perform a contract with you; (ii) as necessary to comply with a legal obligation; (iii) consent (where consent has been provided as appropriate under applicable law); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Service).

Automated Decision-Making

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you.

Your Rights

As available and except as limited under applicable law, individuals in the EU and UK have the rights described below:

• Access. You have the right to request a copy of the personal information we process about you. We will provide a copy to you in electronic form.
• Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is changed.
• Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such data to comply with a legal obligation or to establish or defend a legal claim.
• Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data is inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it.
• Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
• Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation. We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data to establish, exercise, or defend a legal claim.
• Withdrawing Consent. If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information based on your consent collection prior to withdrawal.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, or if you have any questions about our privacy practices, at any time, contact Dan Langille at dan@breakthru.me with the subject line “UK/EU Privacy”. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

12. Additional Disclosures for Canadian Residents

Please contact us at the information in the Contact Information section below:

• If you wish to access, update, and/or correct inaccuracies in your personal information or change your consent preferences (note: we may need to collect additional personal information for the purposes of verifying your identity before responding to your request); or
• If you have questions or complaints about the way we treat your personal information.

13. Changes to this Privacy Policy

This Privacy Policy is effective as of the date listed at the end of this Policy. Breakthru may update this Privacy Policy at any time. When we do, we will revise the last updated date below. We encourage users to frequently check this page for changes and to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically.

In the event of a material change to this Privacy Policy, we will provide a message through our Site informing you of the change.

14. Contact Information

If you have any questions about this Privacy Policy or our Service, please contact us at support@breakthru.me.

This policy was last updated June 24, 2024.