Privacy Policy

1.1 This Privacy Policy applies to any of your personal information collected and processed by us when you use our websites, mobile application, and other online or offline offerings, including game stats, video and highlights, team chat, measurements, scouting, and event registration and payments.

1.2 To make this Privacy Policy easier to read, our websites, mobile application, and other offerings are collectively called the “Services.” Some features of the Services may not be available to everyone.

1.3 Please read this privacy policy carefully to understand how we handle your personal information. When you create an account or buy a plan, we will ask you to confirm that you have read this privacy policy.

2.1 The categories of personal information we collect from you depends on how you interact with us, which of our Services you use, and the requirements of applicable law. We have described what information might be collected in each of these circumstances below.

Personal Information You Provide to Us Directly

2.2 You may provide us with your personal information voluntarily. You may give us personal information about yourself by using the online forms provided on our website, setting up an account with us, by contacting us by phone, email or other means. This includes, for example, where you provide your personal information to us in order to receive products, information or services from us.

2.3 Please go to the section or sections below that best describes the relevant scenario to find out the information that we collect about you.

(a) Account Creation. We may collect the following personal information about you when you create an account: your name (including your title), email address, phone number, your role (for example athlete, parent or guardian, coach, or organization staff), your birthday if you sign up as an athlete, personal information we collect about you or that we obtain from our third party sources and other information you choose to provide us including information you provide when you correspond with us, and profile details you choose to add, such as your photo, jersey number, position, graduation year, hometown, GPA and test scores (along with any updates to such information from time to time).

(b) Your Communications with Us. We may collect personal information about you, such as your email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, apply for a job, or otherwise communicate with us.

(c) Surveys. We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.

(d) Interactive Features. We may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). We store chat messages to deliver them. Members of a chat can see its messages, and we review messages that are reported to us.

(e) Sweepstakes or Contests. We may collect personal information such as name, email address, phone number and other contact information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share information of sweepstakes and contest winners. Where this is the case, we will inform you of such requirements (regarding publicly sharing such information) at the time you enter into the relevant sweepstake or contest.

(f) Conferences, Trade Shows, and Other Events. We may collect personal information such as name, email address, phone number and other contact information from you when we meet you at conferences, trade shows, and other events.

(g) Business Development and Strategic Partnerships. We may collect personal information about you such as name, email address, phone number and other contact information from you and from third parties to assess and pursue potential business opportunities and to send your marketing communications as set out in the ‘Marketing and Advertising our Products and Services’ section of this Policy below.

(h) Job Applications. We may post job openings and opportunities on our Services. You may reply to one of these postings by submitting your application, CV, cover letter, and/or other information to us, and we will process personal data submitted in this way, including your name, email address, phone number and other contact information.

(i) Teams, Games and Stats. When you are on a team or help run one, we collect team information such as rosters, schedules, game events, play-by-play, stats, awards, and evaluations and grades written by coaches or scouts. This information may be entered by you, your coaches, your organization or event staff.

(j) Photos, Video and Live Streams. We collect the photos, videos, live streams and highlight reels that you or others upload or record through the Services, including game video recorded with BreakAway cameras or with smart glasses connected to our app. Game video can show you and other players.

(k) Measurements. We collect measurements such as height, weight, vertical jump, wingspan, broad jump, shuttle and sprint times. They may be typed in by you, a coach or event staff, or captured by our measuring tools (see Section 5).

(l) Payments and Registrations. When you buy a plan or register for an event, we collect your purchase history and registration details, such as the athlete, the event, waiver signatures and parent or guardian details. Your card details are collected and processed by our payment processor, Stripe.

Personal Information We Collect Automatically

2.4 We may collect certain personal information about you automatically in order to allow us to provide our Services:

(a) Automatic Data Collection About Athletic Performance and Training. With your consent, when you use our measuring tools, we may collect certain information automatically about your athletic performance, such as your height, jump, wingspan and speed, worked out by computer vision analysis of camera video, including the body-position tracking described in Section 5.

(b) Other Automatic Data Collection. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, cookie identifiers, device identifiers, device model and manufacturer, mobile carrier, push notification tokens, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. When you sign up in our mobile application, we may also receive an age-range signal from Apple or Google that tells us whether you meet our minimum age, and we store it with your account. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services. We use this personal information to administer our website, to measure the efficiency of our systems and optimize their performance, to provide tailored content relevant to particular users; and to undertake an analysis on the locations from which people access our web pages.

(c) Body-Position Tracking. Some of our measuring tools track body position in camera video. Section 5 explains how this works, how we ask for permission, and how long we keep the tracking data.

(d) Device Permissions. Our mobile application asks for your permission before it uses the device features below. You can turn each one off at any time in your device settings.

• Camera: live streaming, taking photos and video of plays, measuring jumps and height, scanning event passes, check-in photos and chat photos.
• Microphone: dictating stats, and recording sound with videos and live streams.
• Speech recognition: dictating stats. Your audio is processed on your phone and is not sent to us.
• Photos: attaching photos and videos, setting a profile picture, and saving highlights and reels to your phone.
• Location, only while the app is in use: see Section 9.5.
• Bluetooth and local network: connecting our camera rig and supported smart glasses.
• Motion: leveling the camera and detecting bumps.
• Calendar: adding games and events to your calendar. The app can add events but does not read your calendar.

Personal Information Collected from Third Party Sources

(a) We may obtain information about you from third-party sources. For example, coaches, organizations, event staff and parents may add information about you, such as your name, jersey number, position, birthday, contact and parent or guardian contact details, stats, measurements, game photos and video, and evaluations. Some of it comes from files they upload or from other platforms they import from. You may have a profile on BreakAway before you join. When you or your parent or guardian claim it, it becomes part of your account.

(b) In addition, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings.

3.1 We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Cookie Technologies”) to automatically collect information through your use of our Services.

3.2 “Cookies” are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

3.3 A “pixel tag” (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

3.4 You may stop or restrict the placement of cookies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS and others.

3.5 The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada.

Please note you must separately opt out in each browser and on each device.

3.6 Our uses of Cookie Technologies fall into the following general categories:

(a) Operationally Necessary. This includes Cookie Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;

(b) Performance-Related. We may use Cookie Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services;

(c) Functionality-Related. We may use Cookie Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

(d) Advertising- or Targeting-Related. On the public marketing pages of our website that you see before you sign in, we and our advertising partners, such as Meta, may use Cookie Technologies like the Meta Pixel to measure our ads and to show ads for BreakAway on third-party websites. Under some state laws this counts as “sharing” (see Section 13). We do not use advertising Cookie Technologies on pages you see while signed in.

(e) Analytics. We may use Cookie Technologies and other third-party tools to process analytics information on our Services. Some of our analytics partners include:

(i) Amplitude. Amplitude records how people use our website and mobile application, such as the pages and screens viewed and the buttons tapped or clicked. On our website, Amplitude session replay records some visits, including clicks, scrolls and what appears on the screen, so we can see where people get stuck. We mask what you type and the text on the page, and we do not record checkout pages or pages where athletes enter their own information.

(ii) Sentry. Sentry receives error reports when something breaks, including your user ID, device and browser details, and details of the request that failed.

(iii) Google Analytics. For more information, please visit Google Analytics' Privacy Policy. To learn more about how to opt-out of Google Analytics' use of your information, please visit https://support.google.com/analytics/answer/181881?hl=en.

(iv) Google Tag Manager. Google Tag Manager loads tags, such as the Meta Pixel, on the public marketing pages of our website.

(v) Google reCAPTCHA. Google reCAPTCHA checks that sign-ins on our login page come from a person. Google's Privacy Policy and Terms of Service apply to it.

(vi) Branch. Branch runs the links that open our mobile application to the right screen and tells us which links bring people to the app.

(f) See “Your Privacy Choices and Rights” below to understand your choices regarding cookies.

4.1 We will collect, use and store the personal information listed in Section 2, above, for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

Provide Our Services

(a) We use your personal information to fulfil our contract with you and provide you with our Services, such as:

• Managing your information and accounts;
• Providing access to certain areas, functionalities, and features of our Services;
• Answering requests for customer or technical support;
• Communicating with you about your account, activities on our Services, and policy changes;
• Processing your financial information and other payment methods for products or Services purchased;
• Building team and game records, stats, recaps, highlight reels, player cards and leaderboards;
• Running chat, notifications, measuring tools and the scouting features you turn on;
• Processing and evaluating applications if you apply for a job we post on our Services; and
• Allowing you to register for events.

Administrative Purposes

(a) We use your personal information for various administrative purposes, such as:

• Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;
• Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
• Measuring interest and engagement in our Services;
• Improving, upgrading or enhancing our Services;
• Developing new products and services;
• Ensuring internal quality control and safety;
• Authenticating and verifying individual identities, including requests to exercise your rights under this policy;
• Debugging to identify and repair errors with our Services; and
• Auditing relating to interactions, transactions and other compliance activities.

Legal Reasons

(a) We use your personal information for legal reasons, such as:

• Enforcing our agreements and policies; and
• Complying with our legal obligations.

Marketing and Advertising our Products and Services

(a) We may use your personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

(b) Some of the ways we market to you include email campaigns and ads on third-party websites and social media, including ads shown to people who visited the public marketing pages of our website (see Section 3.6(d)). We do not use what you do on signed-in pages for this, and we do not use the personal information of users we know are under 18 for advertising.

(c) We will always obtain your consent to direct marketing communications where we are required to do so by law and if we intend to disclose your personal information to any third party for such marketing.

(d) If you wish to stop receiving marketing communications, you can use the unsubscribe link in our emails, turn off each type of push notification, email or text message in the app under Settings, Notifications, or contact us by email at support@breakawaydata.com. Account, payment and other transactional messages will still be sent.

(e) If you have any questions about our marketing practices, you may contact us at any time as set forth in “Contact Us” or email us at support@breakawaydata.com.

Other Purposes

We also use your personal information for other purposes as requested by you or as permitted by applicable law. Such as in the case of disclosing personal information as compelled by a court of law.

Consent

Where we rely on your consent as a basis for process your personal information, we may use personal information for other purposes that are clearly disclosed to you at the time you provide such consent. Such as in the case of disclosing personal information as compelled by a court of law.

De-identified and Aggregated Information

We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create. De-identified and/or aggregated information from which you can no longer be identified as an individual is not personal data for the purposes of this Privacy Notice, and we may use, disclose, and retain such information as permitted by applicable laws.

Share Content with Friends or Colleagues

Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Please only share with us contact information of people with whom you have a relationship (e.g., relative, friend neighbor, or co-worker) and you are sure are happy to have their personal data shared with us.

5.1 Some features of the Services use artificial intelligence (“AI”) and computer vision. This section explains what those features do with personal information. Some of these features may not be available to everyone.

AI Providers

5.2 We use Anthropic's AI models to write game recaps and to pick plays for highlight reels. To do this, we send Anthropic the team names, rosters with players' names and jersey numbers, box scores and the play-by-play for the game.

5.3 When a coach or organization uploads a roster or tournament file, such as a spreadsheet, PDF or photo, we send the file to Anthropic to read it. These files can include athletes' names, birthdays, gender, contact details and parent or guardian contact details.

5.4 We use Amazon Web Services for search, photo and video moderation, and feed recommendations. For search, we send names, nicknames, bios and team and event text to Amazon Bedrock, and for some searches, email addresses and phone numbers. Amazon Rekognition checks profile pictures, game photos and videos, and chat photos for inappropriate content. Amazon Personalize uses activity on the Services to recommend content in your feed.

Body-Position Tracking

5.5 Some of our measuring tools track body position in camera video. They find points on the body, such as shoulders, hips, knees and ankles, to work out measurements like height, vertical jump, wingspan, broad jump, shuttle times and sprint speed. Some of these tools run on your phone. Others, such as combine speed video, run on our own servers.

5.6 We do not use face or body data to identify who someone is, and we do not use face recognition.

5.7 We ask for permission at the time of capture, before a measuring tool tracks someone's body position.

5.8 We keep raw tracking data, meaning the body-point positions over time, only as long as we need it to work out and check the measurement, and then we delete it. The measurement itself stays with the athlete's profile.

Training Our Camera AI

5.9 We may use game video recorded with BreakAway cameras, and the play data that goes with it, to train and test our own computer-vision models. Game video can show players, including minors. We remove players' names from the play data we use for training.

5.10 We do not give this video to outside companies to train their models.

5.11 An organization can ask us to leave its games out of training by contacting us at support@breakawaydata.com. When an organization opts out or stops using BreakAway, we delete the training copies of its video. We only use video recorded on or after the date this section took effect.

6.1 We consider that the legal bases for using your personal information as set out in this privacy policy are as follows:

(a) our use of your personal information is necessary to fulfil our obligations under a contract with you, such as to be able to provide Services where these are subject to a contract with us, for example under our Terms of Service; or

(b) our use of your personal information is necessary for complying with our legal obligations (for example, we may need to retain your transaction records to comply with tax or accounting obligations, or we may need to disclose your personal data as part of an investigation by law enforcement authorities); or

(c) you have provided your consent to our use of your personal information for a specific purpose (for example, to process special categories of data or to send you marketing communications); or

(d) where neither (a), (b), nor (c) apply, use of your personal information is necessary for our legitimate interests or the legitimate interests of others (for example, to ensure the security of our website).

Our legitimate interests are to:

• run, grow and develop our business;
• operate our website and the BreakAway Data app;
• carry out marketing, market research and business development;
• facilitate the international transfer of data as described in Section 11; and
• for internal group administrative purposes.

Other parties' legitimate interests include sports clubs and teams receiving data about your performance and training, and receiving aggregated data about the performance and training of a range of users.

Where we rely on our (or another person's) legitimate interests for using your personal information, we undertake a balancing test to ensure that our (or the other person's) legitimate interests are not outweighed by your interests or fundamental rights and freedoms which require protection of the personal information. You can ask us for information on this balancing test by using the contact details in “Contact Us”: https://www.breakawaydata.com/contact/.

6.2 We ask for your consent before we track body position with our measuring tools (see Section 5), and before we use any information the law treats as a special category of data. You may withdraw that consent at any time after giving it, as described in Section 9.7(f) below.

6.3 We may process your personal information in some cases for marketing purposes on the basis of your consent (which you may withdraw at any time after giving it, as described below).

6.4 If we rely on your consent for us to use your personal information in a particular way, but you later change your mind, you may withdraw your consent by contacting us at support@breakawaydata.com or by making use of other mechanisms in our App or on our website, such as the notification settings in the app, and we will stop doing so. However, if you withdraw your consent, this may impact the ability for us to be able to provide Services to you.

6.5 If you are in the United Kingdom, the main purposes for which we use your personal information, and the legal basis we rely on for each, are:

• Creating and running your account, and providing the features you use, including team records, stats, media, chat, measurements, payments and event registration: contract (Section 6.1(a)).
• Body-position tracking with our measuring tools: consent (Section 6.1(c)).
• Marketing emails, and analytics and advertising Cookie Technologies that are not operationally necessary: consent where the law requires it, and otherwise our legitimate interest in promoting the Services.
• Analytics, error reports and improving the Services: our legitimate interest in understanding how the Services are used and fixing what breaks.
• AI features for recaps, highlight picks, roster import, search and feed recommendations: contract for the features you use, and otherwise our legitimate interest in providing useful features.
• Training and testing our own computer-vision models on video from BreakAway cameras: our legitimate interest in improving our camera tools, with the organization opt-out in Section 5.
• Information coaches, organizations and parents add about athletes: our legitimate interest, and theirs, in running team sports programs.
• Security, fraud prevention, and moderating photos, videos and reported messages: our legitimate interest in keeping the Services and their users safe.
• Keeping tax and accounting records, and responding to lawful requests: legal obligation (Section 6.1(b)).

6.6 You need to give us your account details to create an account, and your payment details to buy a plan or register for a paid event. If you do not, we cannot provide those Services. Everything else you give us is optional.

6.7 We do not make decisions about you based solely on automated processing that produce legal or similarly significant effects for you.

7.1 We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

Disclosures to Provide our Services

7.2 The categories of third parties with whom we may share your personal information are described below.

(a) Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, data analytics, hosting, payment processing, customer service, and related services. Our main service providers, and what each one does, are listed below.

• Stripe: payments, including payments to organizations and payouts to them. Stripe's use of your information is described in the Stripe Privacy Policy at https://stripe.com/privacy.
• Auth0: sign-in, including sign-in with Google, Apple and text-message codes.
• Google reCAPTCHA: protecting our login page.
• OneSignal: sending push notifications, emails and text messages.
• Amazon Web Services: hosting, storage, video and live streams, photo and video moderation, search and feed recommendations.
• Anthropic: the AI features described in Section 5.
• Amplitude: product analytics and website session replay.
• Sentry: error reports.
• HubSpot: customer records, including your name, email, role and activity such as games and events you create.
• Help Scout: customer support.
• Branch: app links.
• Google Maps and Places: looking up addresses and showing maps.
• Apple Wallet and Google Wallet: event check-in passes you add to your wallet.

(b) Third-Party Services. Your personal information may be disclosed to Third-Party Services (defined in Section 15.1 below) that you share or interact with. For example, if you share to Instagram, Snapchat or TikTok, or stream with Meta smart glasses, that service receives what you share or stream, and its own terms and privacy policy apply.

(c) Business Partners. We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.

(d) Affiliates. We may share your personal information with our company affiliates/other companies within our group.

(e) Advertising Partners. We may share personal information with third-party advertising partners, such as Meta, through Cookie Technologies on the public marketing pages of our website (see Section 3.6(d)). These advertising partners may collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day), and may use this information (and similar information collected from other services) to measure our ads and to deliver personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising,” and under some state laws it counts as “sharing.” We do not do this on signed-in pages, and we do not share the personal information of users we know are under 18 for advertising. You can opt out as described in Section 13.

(f) APIs/SDKs. We use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. The companies that provide them are listed in Section 7.2(a) and Section 3.6(e).

Disclosures to Protect Us or Others

7.3 We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others' rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transfers

7.4 If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership or other insolvency process, purchase or sale of assets, or transition of service to another provider, your information may be transferred as part of such a transaction, or in the preparation for the transaction.

Text Messaging and RCS Opt-In Data

7.5 Notwithstanding anything to the contrary in this Privacy Policy, any personal information or consent obtained in connection with our text messaging or RCS messaging services — including opt-in data — will not be shared with any third parties, excluding aggregators and providers of the text messaging services necessary to deliver such messages.

8.1 Some of your information can be seen by other people who use the Services. This section explains the default settings and how to change them.

8.2 Profiles, player cards, awards, personal bests, leaderboards, and game photos and videos are visible to signed-in BreakAway users by default. You can make most of them private in your settings. Some game, tournament and event pages on our website can be seen without signing in, and full game details are shown to signed-in users.

8.3 Share links, for example to a profile, highlight reel, game or leaderboard, open for anyone with the link without signing in. Link previews, for example in a text message or on social media, can show the player card and the athlete's photo. Whoever made a link can turn it off.

8.4 Leaderboards can show athletes by name, including athletes who have not joined BreakAway, unless the organization hides their names. You can ask us to remove your name, or your child's name, from a leaderboard by contacting us at support@breakawaydata.com.

8.5 Scouting is off until the athlete or a parent or guardian turns it on. You can share with all coaches or with chosen ones, and pause sharing at any time. Only athletes 13 and older with a birthday on file can be visible to scouts.

Your Privacy Choices

9.1 The privacy choices you may have about your personal information are determined by applicable law and are described below.

Email and Telephone Communications

9.2 If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future promotional emails. You can also turn off each type of push notification, email or text message in the app under Settings, Notifications. Note that you will continue to receive transaction-related emails regarding products or Services you have requested.

9.3 We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).

9.4 We process requests to be placed on do-not-mail, do-not-phone, and do-not-contact lists as required by applicable law.

Mobile Devices

9.5 Our mobile application uses your device's location only while the app is open, and only with your permission: to fill in event addresses and, if you choose, to share an approximate location once in a chat. We never track your location in the background. You can turn off location access in your device settings.

“Do Not Track.”

9.6 Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

Your Privacy Rights

9.7 You have certain rights in relation to your personal information. If you would like further information in relation to these or would like to exercise any of them, please contact us via email at support@breakawaydata.com at any time. You have the following rights:

(a) Right of Access. You have the right to access Personal Information we hold about you, including: (i) confirming whether we are processing your personal information; (ii) obtaining access to or a copy of your personal information; and (iii) receiving an electronic copy of personal information that you have provided to us;

(b) Right to data portability. You have a right in some circumstances to ask us to provide your personal information to a third party provider of services. You can ask us for further information on these specific circumstances by contacting us using the details in “Contact Us”.

(c) Right to Request Correction. You have the right to request an update or correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information;

(d) Right to Request Deletion. You have a right to ask us to delete any personal information which we are holding about you in certain specific circumstances. You can delete your account in the app under Settings, Delete Account, or ask us at support@breakawaydata.com. Section 12 explains how long deletion takes and what stays after it. You can ask us for further information on these specific circumstances by contacting us using the details in “Contact Us”.

We will pass your request onto other recipients of your personal information unless that is impossible or involves disproportionate effort. You can ask us who the recipients are, using the contact details in “Contact Us”.

(e) Right to Restrict use of your personal information. You have a right to ask us to restrict the way that we process your personal information in certain specific circumstances. You can ask us for further information on these specific circumstances by contacting us using the details in “Contact Us”.

(f) Withdraw your Consent. You may withdraw any consent that you provided to our processing of your personal information at any time. You can do so by using in App functionality or via our website in some cases, and also by contacting us using the details in “Contact Us”.

(g) Right to object. You have a right to ask us to consider any valid objections which you have to our use of your personal information where we process your personal information on the basis of our or another person's legitimate interest.

9.8 If you would like to exercise any of these rights, or would like more information about them, please contact us as set forth in the “Contact Us” section below. We will process such requests in accordance with applicable laws.

9.9 We will consider all such requests and provide our response within a reasonable period (and in any event within one month of your request unless we tell you we are entitled to a longer period under applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances, for example if we need to keep using the information to comply with our own legal obligations or to establish, exercise or defend legal claims.

9.10 If an exception applies which limits our obligation to action your request, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.

10.1 We take steps to ensure that your personal information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us.

10.2 By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security breach that affects your personal information, we will notify you as the law requires, which may be by posting a notice on our Services, by mail or by sending an email to you.

11.1 BreakAway Data, Inc. is based in the United States. If you are located outside the United States, including in the United Kingdom, your personal information may be transferred to, stored in, and processed in the United States or other countries where we or our service providers operate. These countries may have data protection laws that differ from those in your jurisdiction.

11.2 Where we transfer personal information outside of the UK, we will take appropriate measures to ensure that the recipient protects your personal information adequately in accordance with this Privacy Policy and applicable law. These measures may include the following:

(a) transferring to a country that has been deemed to provide adequate protection by the UK Secretary of State;

(b) entering into the UK International Data Transfer Agreement, or approved standard contractual clauses with the UK Addendum, with the recipient; or

(c) relying on other lawful transfer mechanisms recognized under applicable data protection law.

11.3 Further details on the steps we take to protect your personal information in connection with international transfers are available on request by contacting us by email at support@breakawaydata.com at any time.

12.1 We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfil the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

12.2 The length of time for which we retain personal information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.

12.3 These are the criteria we use for each main category of personal information:

• Account and profile information: while your account is open, and then as described in Sections 12.4 and 12.5.
• Team records, stats, game media and files uploaded to build rosters: as long as the team or organization uses the Services, because they make up the team's history.
• Chat messages: as long as the chat exists.
• Raw body-position tracking data: only as long as we need it to work out and check a measurement (see Section 5).
• Training copies of game video: until the organization opts out or stops using BreakAway, or we no longer need them to train and test our models (see Section 5).
• Payment, purchase and registration records: as long as tax, accounting and other laws require.
• Analytics, session replays and error reports: as long as we need them to understand and fix how the Services work.
• Information we need for a legal claim, a safety report or to enforce our agreements: until the matter is resolved.
• Backups: until they are replaced on their normal cycle.

12.4 You can delete your account in the app under Settings, Delete Account, or by emailing us at support@breakawaydata.com. When you ask, we start right away and finish within 30 days. Deleting your account also cancels the subscriptions you pay for.

12.5 Some information stays after you delete your account. Game stats and team records stay with the team's history and may keep showing your name. Chat messages you sent stay in the chat and show as “Deleted user”. Contact details a team or organization entered about you stay with that team or organization. We also keep a record that the account was deleted, and any information the law requires us to keep.

13.1 Several US states have enacted privacy laws that provide their residents with specific rights regarding personal information. This section supplements the rest of our Privacy Policy and applies to residents of states with applicable privacy legislation, including but not limited to California, Colorado, Connecticut, Delaware, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia.

Your Rights Under Applicable State Privacy Laws

13.2 Depending on your state of residence, you may have some or all of the following rights with respect to your personal information:

(a) Right to Know / Access. The right to confirm whether we are processing your personal information and to access or obtain a copy of the personal information we have collected about you.

(b) Right to Correction. The right to request correction of inaccurate personal information.

(c) Right to Deletion. The right to request deletion of your personal information, subject to certain exceptions.

(d) Right to Data Portability. The right to obtain a copy of your personal information in a portable, readily usable format.

(e) Right to Opt Out of Sale or Sharing. The right to opt out of the sale of your personal information or the sharing of your personal information for purposes of cross-context behavioral advertising (also called targeted advertising). BreakAway does not sell personal information for money. The advertising Cookie Technologies on the public marketing pages of our website (see Section 3.6(d)) may count as “sharing” or “targeted advertising” under these laws. We do not sell or share the personal information of users we know are under 18.

(f) Right to Limit Use of Sensitive Personal Information. Where applicable, the right to limit our use and disclosure of sensitive personal information to only those purposes necessary to provide the Services. We use sensitive personal information only for those purposes and others the law allows (see Section 13.10), so we do not offer a separate link to limit it.

(g) Right to Opt Out of Profiling. Where applicable, the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects.

(h) Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of your privacy rights.

(i) Right to a List of Third Parties. Where applicable, for example in Oregon and Minnesota, the right to get a list of the specific third parties to which we have disclosed your personal information.

(j) Right to Question Profiling. Where applicable, for example in Minnesota, if a decision about you was based on profiling, the right to question the result, learn the reason for it, and have it reviewed.

13.3 Global Privacy Control (GPC). We honor GPC signals as a valid opt-out request where required by applicable law. If your browser or device transmits a GPC signal, we will treat it as a request to opt out of the sale or sharing of personal information associated with that browser or device.

13.4 Exercising Your Rights. To exercise any of the rights described above, please contact us as set forth in “Contact Us” below. We will process such requests in accordance with applicable laws.

13.5 Verification. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include confirming the email address associated with any personal information we have about you.

13.6 Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. To designate an authorized agent, please contact us as set forth below.

13.7 Appeal Process. If we decline to take action on your request, certain state laws grant you the right to appeal that decision. To appeal, please contact us as set forth in “Contact Us” below, and we will respond in accordance with applicable law. If we deny your appeal, you may contact your state's Attorney General.

Categories of Personal Information Collected and Disclosed

13.8 Certain state laws, including the CCPA as amended by the CPRA, require disclosure of the categories of personal information collected and the categories of third parties to whom that information is disclosed for a business purpose. The list below provides this information for the preceding 12 months. Section 13.9 lists the categories sold or shared.

Identifiers

• Service providers
• Third-Party Services that you share or interact with

Personal information categories listed in Cal. Civ. Code § 1798.80(e)

• Service providers
• Third-Party Services that you share or interact with

Protected classification characteristics under California or federal law

• Service providers
• Third-Party Services that you share or interact with

Commercial information

• Service providers
• Third-Party Services that you share or interact with

Body-position data from our measuring tools (see Section 5)

• Service providers

Internet or other electronic network activity

• Service providers
• Third-Party Services that you share or interact with

Geolocation data

• Service providers
• Third-Party Services that you share or interact with

Sensory data

• Service providers
• Third-Party Services that you share or interact with

Professional or employment-related information

• Service providers
• Third-Party Services that you share or interact with

Education details you add (graduation year, GPA and test scores)

• Service providers
• Third-Party Services that you share or interact with

Inferences drawn from other personal information to create a profile about a consumer

• Service providers
• Third-Party Services that you share or interact with

13.9 Categories Sold or Shared. In the preceding 12 months, we have not sold personal information for money. We may have shared the following categories with advertising partners through Cookie Technologies on our website, for cross-context behavioral advertising: identifiers (such as cookie identifiers and IP address), and internet or other electronic network activity (such as the pages visited).

13.10 Sensitive Personal Information. We collect the following sensitive personal information and use it only to provide the Services: your account log-in details, to sign you in; your device's location, when you choose to use a feature that needs it (see Section 9.5); information about children under 13 that adults add to teams, to run the team (see Section 14); and body-position data from our measuring tools, which we treat as sensitive, to work out measurements (see Section 5). We do not sell or share sensitive personal information.

13.11 The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth in Sections 2, 4 and 5 of this Privacy Policy. How long we keep each category is set forth in Section 12.

Nevada Residents

13.12 If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.

A Short Summary for Athletes 13 to 17

• You need to be 13 or older to have a BreakAway account. Chat is only for adults.
• Other signed-in BreakAway users can see your profile, player card, awards, personal bests and leaderboard spots. You can make most of them private in your settings.
• Share links to your profile or highlights open for anyone who has the link.
• Scouting is off until you or your parent or guardian turns it on.
• A parent or guardian linked to your account can see your account and act for you.
• The app only uses your location while it's open, when you use a feature that needs it.
• We don't sell your information or use it to show you ads.
• You can ask us to remove things you posted.
• Questions? Email support@breakawaydata.com.

Children Under 13

14.1 You must be 13 or older to create a BreakAway account. When an athlete signs up in our mobile application, we ask for their birthday, and we may also use an age-range signal from Apple or Google to check it. The Services are not directed to children under 13, and we do not knowingly allow children under 13 to create accounts or knowingly collect personal information directly from them.

14.2 Coaches, organizations and parents may add an athlete under 13 to a team. They may add details such as the athlete's name, jersey number, position, birthday, gender, parent or guardian contact details, stats, measurements, and game photos and video. This information can appear in the team's rosters, stats and leaderboards, which other signed-in users can see unless the organization hides athlete names. An athlete under 13 cannot sign in or use the Services themselves. We do not sell this information or use it for advertising.

14.3 If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child's account if applicable.

14.4 A parent or guardian can ask us to see, correct or delete information about their child under 13, or tell us that their child has given us personal information without their consent, by contacting us at support@breakawaydata.com. We may ask you to confirm that you are the child's parent or guardian.

Athletes 13 to 17

14.5 A parent or guardian linked to an athlete can view and manage the athlete's account, switch into it and act for the athlete, change the athlete's name and birthday, manage scouting sharing, and pay for registrations.

14.6 We do not sell the personal information of users we know are under 18, or share it for advertising.

14.7 Athletes 13 to 17 have the same default visibility as other users, described in Section 8. Their profiles and most profile sections are visible to signed-in users and can be made private, and scouting is off until it is turned on.

14.8 If you are under 18, you can ask us to remove content you posted by emailing us at support@breakawaydata.com. Removal may not reach copies that others saved or shared.

15.1 Third-Party Services. The Services may contain links to, be compatible, or allow you to share personal information with third-party websites, applications, services, educational institutions, and/or sports teams (each a “Third-Party Service”) and other Third-Party Services may reference, link to, provide information to, or interface with our Services. These Third-Party Services are not controlled by us and your personal information will be subject to the applicable terms of service and/or privacy policy of each Third-Party Service that you share or interact with. We encourage our users to read the terms and privacy policies of each Third-Party Service with which they interact. We do not endorse, screen or approve, and are not responsible for, the practices or content of such other Third-Party Services. Providing personal information to Third-Party Services is at your own risk.

15.2 Supervisory Authority. If you are located in the United Kingdom, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.

15.3 In the United Kingdom, we ask that you first send your complaint to us at support@breakawaydata.com so we can try to fix it. We will acknowledge your complaint within 30 days and tell you what we will do about it. You can also make a complaint to the Information Commissioner's Office at https://ico.org.uk/. Alternatively, you may seek a remedy through the courts if you believe your rights have been breached.

15.4 Changes to our Privacy Policy. We may revise this Privacy Policy from time to time. If there are any material changes to this Privacy Policy, we will tell you by email or in the app before they take effect. We will not apply a materially new use to personal information we already have without your consent.

16.1 If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at: support@breakawaydata.com or BreakAway Data, 128 Sierra St, Suite D, El Segundo, CA 90245. We will investigate and attempt to resolve any such complaint or dispute regarding the use or disclosure of your personal information.

BreakAway Data, Inc.