Privacy

General Privacy Issues and Circle Privacy Policies

Effective date: May 25, 2018

Circle Media Labs Inc. with its corporate office located 1201 NE Lloyd Blvd Ste 100, OR 97232, Portland, United States of America and our affiliated businesses (collectively, "Circle" or "us") are committed to being responsible custodians of the information you provide us and the information we collect in the course of operating our business.

Circle takes your personal privacy seriously. This Privacy Statement describes how Circle, as a data controller, collects, uses and shares information, particularly in association with the operation of our website https://meetcircle.com and our other websites, and the provision of our products and services including the Circle app. This Privacy Statement applies to all personal data collected by Circle from individuals including those in the European Union.

This Privacy Statement describes:

The Types of Information Circle Collects

Circle collects your personal data when you provide it to us, for instance by visiting our websites, using our applications, contacting our customer service or by purchasing products through our website. "Personal data" is any information that can be used to identify you or that Circle can link to you, for instance your name and email address.

All personal data you provide to us or that we (automatically) collect is voluntarily. However, without providing certain data, for instance your email address, we may not be able to respond to your request or deliver our services.

Your account. Circle collects the following information when you create an account through a device using the Circle application, the MyCircle application and/or the Circle Go application (collectively "Circle application/s"): name; email address; phone number; "Circle ID", which is an identifying string of characters associated with your Circle device or any other Circle account created via Circle applications; and/or the "Device ID", which is an identifying string of characters that is associated with any device that has Circle software installed on it or is otherwise interacting with Circle services.

Use of our products and services. When you use our products and services we will ask for personal data (at the moment of collection we will explain what information is required in order for us to provide the particular product or service, and what information you may choose to provide). For example, Circle collects the following information when you use our web shop: your name, email address, phone number, postal address and payment information; and where necessary for proper functioning Circle collects the following information when you use one of Circle's applications and/or devices: Device ID and Circle ID. We also keep a record of our correspondence with you (including any feedback you have provided on any of our products or services), if you have been in contact with our customer service.

Information we collect automatically. We use browser cookies and similar technologies to collect and store certain information when you use, access, or interact with us via our websites and apps. On the web, we collect information such as your IP address, the date and time of the visit and how long you remained on our websites, the referral URL (the site from which the visitor has come), the pages visited on our websites and information about the device and browser (such as, browser type and version and operating system). These cookies may be used for analytics tracking as well as ad-targeting via marketing channels.

In the app we collect your email address, name, phone number, specific app interactions (i.e. if you use the pause feature), your device type including OS and app versions, information about your Circle app profiles including profile count and the number of devices discovered by Circle, as well as your location (when available) via third-party tools.

Information of children. Although the Circle services are designed to support families with children of all ages, the administration, configuration, and management of the Circle services is intended for use by persons over the age of 16. Circle does not knowingly collect personal data from anyone under 16 without parental consent. If you become aware that Circle has collected personal data from a child under the age of 16 without parental consent, please let us know so Circle can take appropriate action. To prevent inadvertent disclosure of personal data while using Circle services, assist in effective use of information, and ensure appropriate use of the Circle services, we strongly encourage the parent or guardian of any child under the age of 16 to actively guide any interactions with Circle services.

Furthermore, some versions of the MyCircle application provide a secure platform for family members to send messages to one another via the Circle services. Where MyCircle messages include personal data of children under the age of 16, prior consent of the parent or legal guardian of any such children under the age of 16 is required. Therefore, when the MyCircle messaging feature is activated by a user, the user is required to verify the existence of MyCircle users under the age of 16 and provide consent for Circle’s personal data collection practices for children under the age of 16.

How Circle Uses the Information Circle Collects

Circle will only process personal data where it has a legal basis to do so. Circle may use the information Circle collects:

  1. To enter into a contract, or to take steps at your request prior to entering into a contract (such as account registration);

  2. To process your order: we use relevant personal data described above (including your name, address and payment details) to process and deliver your order, and to notify you of the status of your order.

  3. To respond to your inquiries and provide you with customer support services, to communicate with third parties in the handling of claims or complaints, to maintain business administration records and prevent fraud, which is our legitimate business interest to properly provide our services to you;

  4. To keep records and administration on how products and services were provided, claims and complaints were handled, including the documents underlying such services, claims and complaints, which is our legitimate business interest to maintain proper administration of disputes;

  5. To understand how people use our websites and services, to learn more about our customers and their preferences, to operate, maintain and improve our websites and services, to develop new products and services, to send direct marketing or product-specific communications, which is our legitimate business interest to improve your customer experience with us;

  6. To comply with legal obligations applicable to Circle, such as respond to legal process or requests for information issued by government authorities or other third parties or to protect your, our or other parties' rights.

Circle will encrypt personal data when the data is transferred. Your personal data will be transferred to and stored in countries outside the European Economic Area ("EEA") (such as the United States of America) at a server of Circle in compliance with the European General Data Protection Regulation ("GDPR"). If you have questions about the appropriate safeguards Circle has in place or wishes to obtain a copy of such safeguards, please contact us via privacy@meetcircle.com.

How Circle may share the information Circle collects

Circle and its affiliated entities share information with each other or with third-party service providers for general business purposes and analytical purposes pursued by Circle, such as internal administration, billing, claim handling and services, customer support activities, and providing you or your organization with services.

Circle and its affiliated entities may share information with third-party data controllers (including NETGEAR for NETGEAR with Circle customers, law enforcement agencies and potential transaction partners) where Circle and its affiliated entities have a legal basis to do so.

Circle does not sell, rent, or otherwise share personal data with information that reasonably identifies you for their independent use except as expressly described in this Privacy Statement or when Circle has a legal basis to do so, for instance with your prior consent.

If Circle transfers your personal data to a recipient outside the EEA, it will only do so in compliance with the GDPR. In these circumstances, we will take appropriate steps to ensure that your personal data is adequately protected. Typically, such steps include carrying out data security reviews of any recipients and putting in place contracts with such recipients to ensure they employ the same or similar appropriate technical and organisational measures as Circle, so your data is adequately protected. For more information on the international transfers of your personal data or the appropriate safeguards in place, please contact us via privacy@meetcircle.com.

Third-party Services and Content

Our websites may include integrated content or links to content provided by third parties (such as payment processors). This Privacy Statement does not address the privacy, security, or other practices of the third parties that provide such content. We recommend considering the privacy statements applicable to third-party websites prior to visiting those websites.

Circle engages third parties that support the operation of our websites and apps, such as analytics providers. These third parties may use technologies to track your online activities over time and across different websites, online or app platforms. Please click here for more information.

Protection and Storage of the Information Circle Collects

Circle is committed to protecting your personal data and we implement appropriate administrative, technical, and physical safeguards designed to safeguard the information that Circle collects. For instance, Circle encrypts all data when in transit. However, no information system can be 100% secure. This means that Circle cannot guarantee the absolute security of your personal data. Moreover, Circle is not responsible for the security of information you transmit to us over networks that Circle does not control, including the internet and wireless networks, or the data that is stored on your Circle device.

Circle retains the information collected in an identifiable form as long as reasonably necessary and only for as long as required to fulfill the purposes and on the lawful grounds described above for which Circle collects the information and to comply with our legal obligations. This means that we will keep your personal data as long as necessary to be able to provide you with our products and services and to be able to respond to your requests.

Without explicitly contacting Circle, the company is unable to judge if a customer has discontinued use of the hardware device. As such, Circle retains the information required to regain access to the device (phone number, Circle ID, and email address) until deletion of that information is requested.

The following are examples to illustrate how Circle keeps your personal data for as long as necessary for a particular purpose:

  • we may keep your personal data collected during a purchase for as long as required by national tax laws;

  • we may keep the personal data in your subscription account for 6 months after the date you deleted your account to enable you to reactivate the account if preferred;

  • we may keep the personal account data associated with your hardware so you can regain access to your hardware device;

  • we delete your email address used for direct marketing purposes (such as newsletters) after you have informed us that you do not want to receive any such communications from us anymore. We will retain your email address for product-specific messaging unless you request removal.

Your Choices and Rights

Fair play and transparency are important to us. We are open about the personal data we collect and have implemented mechanisms to enable you to exercise any rights you might have with respect to your personal data.

We encourage you to contact us to update or correct your information if it changes or if you believe that any information that we have collected about you is inaccurate. You can also ask us to see what personal data we hold about you, to rectify or erase your personal data, or to port your personal data and you may tell us if you object to or want to restrict our use of your personal data.

Where we process your personal data on the basis of your consent (e.g. your consent to receiving direct marketing messages or your consent to the placement of cookies on your device), you may withdraw your consent at any time by contacting us at the address below. If you would like to opt out of receiving direct marketing communications, you can also use the unsubscribe link contained in the message you have received. Where we process your personal data on the basis of our or a third party's legitimate interest, you may object to such processing at any time by contacting us at the address below.

If you would like to discuss or exercise your rights, please contact us via privacy@meetcircle.com. You can also use this address to lodge a complaint. If you are not satisfied about the manner in which Circle handles your complaint, you may also lodge a complaint with your local data protection authority.

For information about the choices you may have in regard to our use of cookies or other tracking mechanisms, please click here.

Changes to this Privacy Statement

Circle may update this Privacy Statement from time to time to keep it up to date, to keep pace with new developments and opportunities relating to the internet and to stay in line with applicable law. The effective date of the current Privacy Statement is noted at the top of this page. Circle encourages you to periodically review this page. You will be informed separately if we make significant changes to this Privacy Statement.

Use of Cookies and Tracking Technologies

Circle collects certain information by automated means when you visit our websites or use our apps. By collecting this information, Circle learns how to best tailor our web and app experiences to our customers. Circle collects this information through various means such as “cookies,” “web beacons”, and “IP addresses” as explained below.

Like many companies, Circle uses “cookies” and related trackers on our websites and apps. Cookies are bits of text that are placed on your computer's hard drive when you visit certain websites. Web beacons allow us to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. Circle uses the information collected from these technologies to compile reports and help us improve the websites.

For example, a cookie might tell us whether you have visited us before, the number of visitors to the websites, which site a visitor has come from, the pages they visited, and to help us identify site features in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site.

Circle also collects IP addresses. An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the internet. When you visit our websites, Circle may view and/or store the IP address of the device you use to connect to the internet. Circle uses this information to determine the general physical location of the device and understand from what regions of the world our websites visitors come from. Circle also may use this information to enhance Circle's websites.

More information about the tracking services we use on our websites and apps is set out here.

Use of tracking in our apps is required for the proper functioning and ongoing improvement of the product. Specifically, the data collected in the apps allows Circle to diagnose bugs and service-level issues, send on-boarding information via email and in-app messages about important updates and issues, and track feature usage at an aggregate level to inform product enhancements. The tracking described only occurs when the app is in use.

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all our websites' features. Some browsers offer a “Do Not Track” (“DNT”) signal whereby you may indicate your preference regarding tracking and cross-site tracking. Although Circle does not currently employ technology that recognizes DNT signals, Circle will only process your personal data in accordance with this Privacy Statement.

Our websites also use web analysis services such as Google Analytics, in order to better understand your use of our websites and how we can improve them. The information generated by these services is anonymous and does not include personal data about you. The anonymous information collected through the use of these services is not combined with any personal data you may have explicitly chosen to share with us. The providers’ ability to use and share information collected by these services about your visits of our websites is restricted by terms of use and the providers’ privacy statements. To get a better understanding of how these providers may use the anonymous data collected on our websites, you may review, as an example, Google’s policy on this matter here. You can also opt-out of Google advertising features through your ad settings.

Remote Access of your Circle Account Configuration

The End User License Agreement for any Circle Device or Circle Account authorizes Circle or its duly authorized support representatives to access Circle Devices or Circle Account information remotely. Circle requires such access in order to troubleshoot, debug, and otherwise offer support and solutions to Circle Services users. Remote access is enabled by the user via the Circle app.

Except as described elsewhere in this Privacy Policy, Circle does not access a given Circle Device or Account unless a support request has been received, and it becomes apparent to the support representative that there is a problem that can be solved via remote access. If you wish to limit the level of access to your Circle Device or Account, you must state those limitations at the time of your support request.

Circle or its duly authorized support representatives will only access your Circle Device or Account under the conditions that you set. Whether or not you set any limitations on remote access, Circle will discontinue access upon resolution of the support request.

Privacy Notice for Canadian Users

Pursuant to Section 4.2 of Schedule 1 of Canada's Personal Information Protection and Electronic Documents Act (the "Act"), Circle Media, Inc., a Nevada Corporation ("Circle") provides this Privacy Notice ("Notice") to its Canadian customers. The Act provides that the protection of Canadian citizens requires certain disclosures to be made before the acceptance of any offer of services. If after reading these disclosures you do not wish to use Circle's device (the "Circle Device") or services ("Services"), you may return your Circle Device for a full refund.

Circle believes that its Privacy Policy, as described in more detail in its Terms of Use and Privacy Policy, meets or exceeds the requirements of the Act. It is Circle's interpretation of Section 7.2(2) of Division One of Part One of the Act that Circle's data collection activities fall within the Completed Business Transaction exemption to some requirements of the Act. Additionally, Circle does not collect "Personal Information" as defined in the Act unless it is encrypted in transit and at rest. Nonetheless, using the Services carries certain privacy risks unique to Canadians. Please review this Notice carefully.

Circle's Servers are in the United States of America. In order to provide the Services, the Circle Device uses the Internet to connect to Circle's servers. Those servers are located within the continental United States. The Act recommends that notice be given that data, which may include Personal Information, will travel between Canada and the United States, and that the data will rest on our servers.

Circle's Treatment of Personal Information. When you use the Services, Circle uses the ID Number of your Circle Device or the Circle Go software application, in whatever form (the "Circle Go Software"), as its primary identifier. This prevents unnecessary transfer of Personal Information between the Circle Go Software and the servers, or between various portions of the Circle Go Software. Circle does not need to know “who” is using the Services to provide the personalization you expect of the Services. Rather, we need to know “which” device is requesting, posting, or otherwise interacting with Circle's servers. The Circle Device and Circle Go Software carry preferences and filtering information independent of Personal Information. We do log your IP address (the Internet address of your computer or network) to give us an idea of which parts of our website you visit and how long you spend there. Circle does not link your IP address to any Personal Information unless you have logged in to our website. Even then, the related Personal Information is encrypted while in transit and at rest. Finally, during registration of your Circle Device you are invited to submit information, including Personal Information, for the purposes of registering your Circle Device for warranty protection. Once collected, this information is stored in a separate database, and is not readily accessible via the Circle Services.

Your Consent to our Privacy Policies. Your use of the Services, or applications designed to access the Services, whether stand-alone applications for computers or mobile devices, or the software incorporated into a Circle Device means that you consent to Circle's Terms of Use and Privacy Policy. We may revise these Terms at any time; if we do so we will post an updated version with the date of the update posted below the effective date. It is your responsibility to visit this page periodically to review any updates. Your continued use of Circle Services after any changes to the Terms constitutes your acceptance of, and consent to abide by, the revised Terms. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY, OR OBJECT TO CIRCLE'S TREATMENT OF PERSONAL INFORMATION, DO NOT USE THE CIRCLE DEVICE OR SERVICES.

Privacy Notice for Norwegian Users

Pursuant to Norway’s Personal Data Act (the "Act"), Circle Media, Inc., a Nevada Corporation ("Circle") provides this Privacy Notice ("Notice") to its Nordic customers.

Circle believes that its Privacy Policy, as described in more detail in its Terms of Use and Privacy Policy, meets or exceeds the requirements of the Act. Additionally, Circle does not collect "Personal Data" as defined in the Act unless it is encrypted in transit and at rest. Nonetheless, using the Services carries certain privacy risks unique to Nordic customers. Please review this Notice carefully.

Circle's Servers are in the European Economic Area and United States of America. In order to provide the Services, the Circle Device uses the Internet to connect to Circle's servers. Those servers are located within the EU/EEA and USA. The Act recommends that notice be given that data, which may include Personal Information, may travel between the Nordic region and other EU/EEA states or the USA, and that the data will rest on our servers.

Circle's Treatment of Personal Information. When you use the Services, Circle uses the ID Number of your Circle Device or the Circle Go software application, in whatever form (the "Circle Go Software"), as its primary identifier. This prevents unnecessary transfer of Personal Information between the Circle Go Software and the servers, or between various portions of the Circle Go Software. Circle does not need to know “who” is using the Services to provide the personalization you expect of the Services. Rather, we need to know “which” device is requesting, posting, or otherwise interacting with Circle's servers. The Circle Device and Circle Go Software carry preferences and filtering information independent of Personal Information. We do log your IP address (the Internet address of your computer or network) to give us an idea of which parts of our website you visit and how long you spend there. Circle does not link your IP address to any Personal Information unless you have logged in to our website. Even then, the related Personal Information is encrypted while in transit and at rest. Finally, during registration of your Circle Device you are invited to submit information, including Personal Information, for the purposes of registering your Circle Device for warranty protection. Once collected, this information is stored in a separate database, and is not readily accessible via the Circle Services. We will delete or anonymize Personal Information when it is not required for our provision of Circle Services to you.

Your Consent to our Privacy Policies. Your use of the Services, or applications designed to access the Services, whether stand-alone applications for computers or mobile devices, or the software incorporated into a Circle Device means that you consent to Circle's Terms of Use and Privacy Policy. We may revise these Terms at any time; if we do so we will post an updated version with the date of the update posted below the effective date. We will also notify you by email. Your continued use of Circle Services after any changes to the Terms constitutes your acceptance of, and consent to abide by, the revised Terms. IF YOU DO NOT AGREE WITH THE PRIVACY POLICY, OR OBJECT TO CIRCLE'S TREATMENT OF PERSONAL INFORMATION, DO NOT USE THE CIRCLE DEVICE OR SERVICES.