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At Breakaway Energy (“we,” or “us”), we are committed to ensuring the privacy of our customers. This Privacy Policy (“Policy”) describes how Personal Information is collected from users of the website at (the “Site”), and how that information is used and disclosed. We reserve the right to modify this Policy at any time and will notify you of such changes by posting the modified Policy on our Site and indicating at the top of the Policy the date it was last updated.


Personal Information is information that relates to an identifiable or identified individual. Breakaway Energy collects the following categories of Personal Information:

  • Identifiers, such as an individual’s name, address, telephone number, e-mail address;

  • Commercial information, such as credit card (or other account number) when directly linked to you, and information about your purchases;

  • Demographic information, such as date of birth, gender, geographic area and preferences when such information is linked to other Personal Information that identifies an individual;

  • Employment related information (if you are applying for a job with us);

  • Internet or other electronic network activity information, including your browsing history, search history, and information regarding your interaction with the Site, any mobile applications that connect to the site, or advertisements served on the Site; and

  • Inferences that we draw based on our use of any of the Personal Information we collect as described in this Policy.


Personal Information does not include “aggregate” information. Personal Information also does not mean Publicly Available information, or truthful and lawfully obtained information that is a matter of public concern. “Publicly Available” means information that is lawfully made available from federal, state, or local government records; or information that we have a reasonable basis to believe is lawfully made available to the general public by you or from widely distributed media; or information made available by a person to whom you disclosed the information if you have not restricted the information to a specific audience (for example accessible by “friends only” on Facebook).




We collect Personal Information in several different ways: 1) when you directly give Breakaway Energy your Personal Information (“Directly Collected”), 2) when you use our Site (“Automatically Collected”), and 3) when we receive Personal Information from third parties (“Third Party Collected”).


Directly Collected

You provide Personal Information to us directly when you use the Site. For example, you provide us with Personal Information when you:

  • purchase Breakaway Energy products on the Site;

  • participate in a survey, contest, sweepstakes, or other promotion on the Site;

  • contact us by e-mail for any reason, such as to request help with the Services, or to provide us with your comments/feedback;

  • submit a resume to us through the Site

  • submit Personal Information in connection with photos/stories for potential use and/or publication on the Site.


Automatically Collected 

Additionally, when you visit our Site, some Personal Information is automatically collected:

  • Through your browser: Certain information is collected through most devices, such as your Media Access Control ("MAC") address, device manufacturer and model, device identifier, screen resolution, and the type and version of your operating system and browser.

  • Server log files: An Internet Protocol ("IP") address is a number that is automatically assigned to a device by an Internet Service Provider ("ISP"), and is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. We and our service providers use IP addresses for purposes such as calculating usage levels, helping diagnose server problems and administering the Site.



Cookies allow a web server to transfer data to a device for recordkeeping and other purposes. We and our service providers use cookies and other technologies to, among other things, enhance and personalize your online browsing and shopping experience and facilitate your ongoing access to and use of the Site, as well as for online tracking purposes.



We may use third-party services, such as Google Analytics in connection with the Site. Such services use cookies and similar technologies to analyze how visitors use the Site, to compile statistical reports on activity related to the Site, and to provide other services related to the Site. Such services may also collect information about visitors’ use of other websites or other online resources. For more information about Google Analytics, including how to opt out, please go to:




We and our service providers may use a third-party technology, called Flash, in connection with the Site, including our online content. Flash provides a facility, referred to as Local Stored Objects ("LSO"), that allows us (or our service providers) to store certain information locally on your device. If you do not want Flash LSOs stored on your device, you can adjust the settings of your Flash player to block Flash LSO storage using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel.




Pixel tags (also known as web beacons and clear GIFs) are small images that may be used by us and our service providers in connection with some pages of the Site and HTML-formatted email messages to, among other things, render such pages to you on various hardware devices and operating system versions, track the actions of users and email recipients, measure the success of marketing campaigns and compile statistics about usage and response rates. Pixel tags may collect information such as the pages, features and links accessed by a user, and the IP address, browser type and operating system of such user’s device.




We collect Personal Information from a number of sources. While we obviously collect Personal Information from you directly, we can also use third party sources of information in order to fulfill the purposes set out in this Privacy Policy. These sources can include:

  • Financial institutions (e.g. your credit card company or your bank);

  • Credit reporting agencies (if you are applying for credit with us);

  • Previous employers (if you are applying for a job with us);

  • Background screening companies (if you are applying for a job with us);

  • Our services providers;

  • Marketing partners; or

  • Marketing and advertising agencies and networks.


While we collect Personal Information from all these sources, we will only use and disclose Personal Information in accordance with this Policy.



In general, we use Personal Information collected on the Site to:

  • provide the Services and otherwise process transactions on the Site,

  • to provide support for the Services,

  • to respond to user requests and inquiries,

  • to maintain a record of our dealings with Site users,

  • to develop new products and services and to inform users about products or services we think will be of interest.


When we use your Personal Information in our marketing efforts, we provide you with choices (see “Choice,” below). Additionally, if you live in a state which provides you with additional rights related to your Personal Information, please see the section below labeled “State Specific Privacy Rights”.

We may also use certain Personal Information in connection the following, related business purposes we have:

  • To administer and fulfill our contests, sweepstakes and other promotions;

  • To help us improve the customer experience, including by learning more about your preferences to help personalize your experience with us, ;

  • To operate a gift registry for which you are a registrant or co-registrant;

  • To allow you to send messages to a friend through the Site (please note that, by using such functionality, you are agreeing that you have the right to provide to us your friend’s name and email address for such purpose);

  • To analyze trends and statistics in connection with our business and the Site, including to measure the success of marketing campaigns and to compile statistics about usage and response rates;

  • To protect the security or integrity of our business and the Site; and

  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, or that of you, our affiliates or others; and (g) to allow us to pursue available remedies or to limit the damages that we may sustain.


We may also receive information from third parties with whom we have business relationships, and may combine this information with the other Personal Information we maintain about you (for example, we may receive updated information about you, such as an updated billing address, from the financial institution issuing your credit card in connection with billing for Breakaway Energy products). If we do so, this Policy governs such information.




We share Personal Information with third parties as described in this Policy. More specifically, we share Personal Information:

  • With service providers who assist us in performing internal functions necessary to operate our business as described in this Policy. In all cases we limit the information shared with our third-party vendors to that which is necessary to carry out those functions.

  • When we believe it is appropriate to comply with the law (e.g., a subpoena, warrant or court order) or with requests of law enforcement authorities, or other similar inquiries;

  • to enforce or apply this Policy or our other policies or agreements;

  • to initiate, render, bill and collect for amounts owed to us;

  • to protect our or our customers’ rights, property or safety;

  • to protect our customers from fraudulent, abusive, or unlawful use of, our Site;

  • or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay; or

  • as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.

The purposes for this disclosure are limited to the purposes described in this Policy.

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