Privacy Policy

Last updated: 5/20/2024

Your privacy is important to us. It is the policy of Breakaway Systems LLC's dba Soft Swirl (“Breakaway” or “we” or “us”) to respect your privacy and comply with applicable laws and regulations that that govern the use of personal information we may collect about you, including via our social media, website at www.softswirlicecream.com, and its associated services. This privacy policy applies to all information collected through the website, our social media accounts and pages, and/or any related services, sales, marketing or events (collectively, the “Website”). By using the Website, you agree to the collection, use, and disclosure of your personal information (defined below) as described in this privacy policy. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Website and services. This privacy policy supplements and is subject to our Terms of Use, available at www.softswirlicecream.com.

Information We Collect

Personal Information
Personal information is any information about you which can be used to identify you including name, employer name, address, date of birth, email address, phone number, employment history, education, skills, the nature of your inquiry into our Website, and information about how you use a website or online service. We may ask for personal information when you contact us or ask to be added to our waiting list.

Device Data

Our Website may access and collect data via your device's in-built tools, such as your identity, location data, phone/SMS, and notifications. The specific data we collect can depend on the individual settings of your device and the permissions you grant when you use the Website.

Collection and Use of Information

We may collect personal information from you when you do any of the following on our Website:

Use a mobile device or web browser to access our content;
Contact us via email, social media, or on any similar means; or

Otherwise provide us with your personal information.

We may collect, hold, use, and disclose information for the following purposes, and personal information will not be further processed in a manner that is incompatible with these purposes:

to provide you with our Website and platform's core features and services;
to engage with you and/or add you to our waiting list;

to provide the services you request;

to provide you with marketing information; or

to review and analyze Website usage and operations

We may combine personal information with general information or research data we receive from other trusted sources. We may transfer or otherwise disclose information collected from you as necessary if we believe that there has been a violation of the Website’s Terms of Use or of our rights or the rights of any third party or to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law or based on our good faith belief that it is necessary to enforce or apply our privacy policy, conform or comply with the law, or protect us or others.

Information Security

When we collect and process personal information, and while we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use, or modification. No method of electronic transmission or storage is 100% secure, and no one can guarantee absolute data security.

By using the Website, you assume all risks associated with the use of the Website, including any risk to your device, software or data being damaged by any virus, software, or any other file that might be transmitted or activated via the Website or your access to it. We shall not be liable for any damages of any kind resulting from the use or misuse of information contained in the Website.

How Long We Keep Your Personal Information

We keep your personal information only for as long as we need to. This time period may depend on what we are using your information for, in accordance with this privacy policy. However, if necessary, we may retain your personal information for our compliance with a legal, accounting, or reporting obligation or for archiving purposes in the public interest, scientific, or historical research purposes or statistical purposes.

Children’s Privacy

We do not aim any of our products or services directly at children under the age of 13, and we do not knowingly collect personal information about children under 13.

Your Rights and Controlling Your Personal Information

Your choice: By providing personal information to us, you understand we will collect, hold, use, and disclose your personal information in accordance with this privacy policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of our Website or the products and/or services offered on or through it.

Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Marketing permission: If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

Access: You may request details of the personal information that we hold about you.

Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant, or misleading, please contact us using the details provided in this privacy policy. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading, or out of date.

Non-discrimination: We will not discriminate against you for exercising any of your rights over your personal information. Unless your personal information is required to provide you with a particular service or offer (for example serving particular content to your device), we will not deny you goods or services and/or charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties, or provide you with a different level or quality of goods or services.

Notification of data breaches: We will comply with laws applicable to us in respect of any data breach.

Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint.

Unsubscribe: To unsubscribe from our email database or opt-out of communications (including marketing communications), please contact us using the details provided in this privacy policy, or opt-out using the opt-out facilities provided in the communication. We may need to request specific information from you to help us confirm your identity.

Third-Party Links

Links to third-party sites and services on the Website have their own privacy policies. After following a link to any third-party content, you should read their posted privacy policy information about how they collect and use personal information. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices. This Privacy Policy does not apply to any of your activities after you leave our Website.

Use of Cookies

We use cookies to give your device access to core features of our Website, to track Website usage and performance on your device, to tailor your experience of our Website based on your preferences, and to serve advertising to your device. Any communication of cookie data between your device and our servers occurs within a secure environment. You may change your web browser’s settings to adjust your cookie preferences. Please be aware that if you reject or block all cookies you may not be able to use certain features of the Website or take advantage of all our offerings.

Business Transfers

If ownership or control of our business changes through a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another business unit, we may transfer or otherwise disclose information collection from and about you.

Changes to This Policy

At our discretion, we may change our privacy policy to reflect updates to our business processes, current acceptable practices, or legislative or regulatory changes. If we decide to change this privacy policy, we will post the changes here and on our website. Changes are effective immediately upon posting.

Governing Law

This privacy policy and its terms shall be governed and construed in accordance with the laws of the State of Ohio without regard to the conflicts of laws provisions therein.

Contact Us

For any questions or concerns regarding your privacy, you may contact us at contactus@softswirlicecream.com.