Privacy

Welcome to Circle, provided and maintained by Circle Media Labs, Inc., (“Circle,” “Company,” “We,” “Us,” or “Our”), a service that enables Our customers to manage the internet activity on devices connected to their home network (“Network” or “Circle Network”) through Our website located at https://meetcircle.com (“Site”), Our Circle application (“App”), and related devices and products (“Products” or “Device”) (collectively referred to as “Circle Services”). This Privacy Policy (“Policy”) applies to the Circle Services and describes how We collect, use, and disclose your information.

Please read this Policy carefully. If You do not agree with this Policy, do not use any of the Circle Services.

We may modify the terms of this Policy at any time at Our sole discretion and will post the modified Policy to the Site, so You should review the most up-to-date version of the Policy from time to time.. Your continued use of the Circle Services thereafter shall constitute Your acceptance of the modified Policy. We will notify You of any material modifications to the Policy. If You do not agree to the modified Policy, stop using the Circle Services and provide Us with written notice.

Nothing in this Policy shall be deemed to confer any third-party rights or benefits. Additional terms may apply to certain Circle Services, and such terms are part of Your agreement with Us if You use those Services. This Policy only applies to Sites and Services that link to this Policy. We are not liable for the practices of any third party.

This Privacy Statement describes

• The Types of Information Circle collects
• How Circle Uses the Information Circle Collects
  
• How Circle may Share the Information Circle Collects
  
• Third-party Services and Content
  
• Protection and Storage of the Information Circle Collects
  
• Your Data Privacy Choices and Rights
  
• General Data Protection Regulation (GDPR)
• Data Breach and Notification
• Use of Cookies and Tracking Technologies
• Remote Access to Your Circle Account Configuration
• Children's Privacy

DEFINITIONS

Navigational Information: Navigational information refers to information about Your computer, device, 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), browser history, Your Device ID, and geographical location.

User Content: Content uploaded or submitted by Users such as feedback, information, updates, comments, text, images, photographs, videos, notes, sounds, data, posts and suggestions. “User Content” is included in references to “Your information”.

Circle ID: An identifying string of characters associated with Your Circle device or any other Circle account created via Circle Applications.

Device ID: 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.

Registered User: A user of Circle Services subject to the End User License Agreement.

Unregistered User: A user of Circle Services other than a Registered User who uses the App, a Device, or a Network.

Visitor: A user of Circle Services other than a Registered User or an Unregistered User.

THE TYPE OF INFORMATION WE COLLECT

a. When You use our Services, including by visiting the Site or connecting to a Network, we may collect the following information. You are on the Circle Network, whether You are a Registered User or Unregistered User, We collect certain information about You and Your device associated and connected to the Network. Such information may include, without limitation, Navigational Information, network preferences. b. Information We collect automatically. When you interact with the Services, we collect Navigational Information. Some of this information is collected using cookies and similar technologies.

HOW WE USE THE INFORMATION WE COLLECT

Circle may use the information Circle collects:

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

b. To process Your orders and notify You of the status of Your order.

c. To respond to Your inquiries and provide You with customer support services, to communicate with third parties in the handling of claims or complaints, and to maintain business administration records and prevent fraud;

d. 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;

e. To understand how people use the Circle Services, to learn more about Our Users and their preferences, to operate, maintain and improve the Circle Services, to develop new products and services, to send You direct marketing (which You may opt-out of at any time) or product-specific communications;

f. 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;

g. For analytics tracking as well as ad-targeting via marketing channels (subject to applicable legal requirements);

h. To contact You to inform You of important changes or additions to the Circle Services;

i. Contact You via text message to SMS capable devices to send you notices (including abandoned cart reminders) and direct marketing or product-specific communications (which You may opt-out of at any time by replying “STOP”). Message and data rates may apply;

j. Aggregate data and information for analysis and research;

k. Collect and segment data to optimize and improve the Circle Services;

m. Enforce the Policy and Terms of Use, to comply with legal obligations, and otherwise manage Our business; and

n. Process payments and refunds, if applicable; and

o. We may post user testimonials and comments on Our App or Site upon written notice to You, which may contain User Information. You have the right to request removal of such testimonial and/or comment(s) upon receiving Our written notice.

HOW WE SHARE INFORMATION

a. Service Providers and Affiliates.

• With the exception of data collected through MDM and the VPN, We reserve the right to disclose parts or all of Personal Data, User Content and User Information that We collect about You to service providers and affiliates who assist Us in Our business purpose either through partnerships, affiliations, contractors and/or licensors. Some service providers and contractors used on Our App and Site include, without limitation, processing payment services, analytics services, customer support services, claim handling, billing, internal administrative services, maintenance of the Service, and providing business services to Us or to You. In all cases where We share Your Personal Data with such partners, affiliates, and service providers, We explicitly require them to acknowledge and adhere to Our Privacy Policy and customer data handling policies. Such third parties are prohibited from using Your Personal Data except for these stated purposes, and they are required to maintain the confidentiality of Your User Information.
  
• 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.
  

b. Circle does not sell, license, or otherwise share Navigational Information or information from and about You except as expressly described in this Policy or with Your prior written consent.

c. By Law or Protected Right. We may disclose information from and about you that We collect (1) if required by law; (2) if We believe that disclosure is necessary to comply with the law; (3) to enforce Our intellectual property rights; (4) to protect the rights, property or safety of Us and Our employees or agents; and (5) if necessary to defend against third-party claims. We may disclose certain information collected on the App when requested to comply with a court order, investigation, subpoena or governmental request. We will make reasonable efforts to notify You of such governmental orders and requests, either by a notification on the App or by email, except where prohibited by law or where We reasonably believe that such notification may threaten the safety of Our Users, Our business, or the public generally.

d. Business Transfers.

• If We go through a business transfer, such as consolidation, merger, restructuring, acquisition, or sale of part or all of Our assets, We may transfer any information We collect. In this event, You will be notified via email and/or a prominent notice on Our App or Site, of any change in ownership, use of information from and about you, and the choices You may have regarding such information.
  

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 GDPR.

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 ON THE SERVICES

a. Our Site may include integrated content or links to content provided by third parties (such as payment processors). This Policy does not address the privacy, security, or other practices of the third parties that provide such content. We are not responsible for the privacy practices, other content and/or services of any third parties.

b. Our provision of such third party links, content and/or services does not constitute Our endorsement of these third parties, their content, their owners, or their practices.

c. Once You leave the Site via such a link, access a third party application, or click on a third party offer, You should check the applicable privacy policy of the third party website to determine, among other things, how they will handle Your information.

PROTECTION AND RETENTION OF INFORMATION WE COLLECT

a. 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.

b. If, and when, a User accesses secured areas of Our Sites, Secure Sockets Layer (SSL) technology protects user information using both server authentication and data encryption, ensuring that user data is safe, secure, and available only to authorized persons.

c. Our computer systems are hosted in a secure data center environment that uses a firewall, intrusion detection systems, and other advanced technology to prevent interference or access from outside intruders.

d. Technical Safeguards:

• Unique password requirements and limited employee access;
  
• Destruction, deletion or de-identification of Your information;
• Industry standard security protocols;
  
• Employee training on how to handle sensitive data, breach notice and procedures;
  
• Secure Technology (SSL), server authentication, encryption and use of firewall to host data;
• Designated security coordinator on the Circle team;
  
• Sub-processors and third-parties are bound to same security practice obligations;
  
• Backups; and
  
• Periodic audits.
  

e. If any personal data (as defined in applicable law) is collected through the use of the Services, We will ensure that it is destroyed, returned, or modified to make it unreadable or indecipherable, at the end of Your use of the Services, unless required to be retained and maintained in original form pursuant to law enforcement, legal proceeding, court order or subpoena.

f. Unless You request that We delete or archive Your personal data, 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.

g. When We have no ongoing legitimate business need to process Your information, We securely delete the information or anonymize it or, if this is not possible, then We will securely store information that could identify You and isolate it from any further processing until deletion is possible. We will delete this information from the servers at an earlier date if You so request, as described above.

h. Without explicitly contacting Circle, We are unable to judge if You have 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.

i. Please bear in mind that whenever You voluntarily make Your personal data available for viewing by third parties online - for example through email or registering on an App - that information can be seen, collected and used by others besides Us. We are not responsible for any unauthorized third-party use of such personal data.

j. If You have elected to receive marketing communications from Us, We retain information about Your marketing preferences for a reasonable period of time from the date You last expressed interest in Our content or Services, such as when You last opened an email from Us or ceased using Your Account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created. You have the right to unsubscribe from any marketing communications from Us, by clicking the “unsubscribe” link at the bottom of Our marketing emails.

The following are examples to illustrate how Circle keeps Your Personal Data for as long as necessary for a particular purpose:

a. We may keep Your personal data collected during a purchase for as long as required by national tax laws;

b. 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, unless You have requested deletion of Your personal data;

c. We may keep the personal data in Your account associated with Your hardware so You can regain access to Your hardware device;

d. We delete Your email address used for direct marketing purposes (such as newsletters) after You have requested removal. We will retain Your email address for product-specific messaging unless You request removal.

DATA BREACH

a. Circle shall comply with all applicable federal and state laws that require notification to individuals, entities, state agencies, or federal agencies in the event of a data breach. When Circle reasonably suspects and/or becomes aware of a disclosure or security breach concerning any Personal Data, We shall notify the affected individual immediately and mitigate the damage of such security breach to the greatest extent possible. In the event of an actual data breach or the unauthorized access or disclosure of any sensitive or Personal Data, We will notify You in writing as soon as possible outlining the following information:

• What happened (date of breach is possible, or estimated date of incident, or the date range within which the breached occurred);
  
• What information was involved (list the type of personal data);
• What We are doing to help resolve or mitigate the issue (and if there was any delay in providing this notice due to law enforcement investigation);
  
• What You can do to help Us;
  
• How You can get more information or contact Us;
  
• Information about what We have done to protect individuals whose information has been breached;
  
• Advice on steps that the person whose information has been breached may take to protect himself or herself; and
  
• Information about the steps We have taken to cure the breach and the estimated timeframe for such cure.
  

GENERAL DIGITAL PRIVACY REGULATIONS (GDPR) COMPLIANCE

a. Our legal basis for collecting and using information described herein will depend on the User Information and Personal Data concerned, and the specific context in which We collect it. However, We will normally collect Personal Information and Personal Data from You only where We have Your consent to do so, where We need the Personal Information and/or Personal Data to perform a contract with You, or where the processing is in Our legitimate interests is not outweighed by Your data protection interests or fundamental rights and freedoms. In some cases, We may also have a legal obligation to collect and maintain Personal Information and/or Personal Data from You.

b. If We ask You to provide Personal Information and/or Personal Data to comply with a legal requirement or to perform a contract with You, We will make this clear at the relevant time and advise You whether the provision of Your Personal Information and/or Personal Data is mandatory or not (as well as of the possible consequences if You do not provide Your Personal Information and/or User Data). Similarly, if We collect and use Your Personal Information and/or Personal Data in reliance on Our legitimate interests (or those of any third party), We will make clear to You at the relevant time what those legitimate interests are.

c. We may also process Personal Data if it is necessary (1) in order to protect the vital interests of the data subject or of another natural person; or (2) for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

YOUR DATA PRIVACY CHOICES AND RIGHTS

a. You have certain rights under applicable data protection laws. Although Circle is not required to comply with recent state privacy regulations such as the California Consumer Protection Act (CCPA), We offer Our Users similar data privacy rights because 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, such as:

• The right to request We update or correct Your Personal Data if it changes or if You believe that any information that We have collected about You is inaccurate or out-of-date;
  
• The right to request access and obtain copies of the Personal Data We have collected or from You or shared in the past 12 months;
  
• The right to request We delete, anonymize, de-identify or erase Your Personal Data, or to port Your Personal Data;
  
• The Right to object to or restrict Our use or processing of Your Personal Data; and
  

b. To make such a request, please contact Us at privacy@meetcircle.com. We will consider and act upon any request in accordance with applicable data protection laws.

c. Sale of Personally Identifiable Information. In the preceding 12 months, We have not sold any of Our users’ Personal Data.

d. If We are relying on Your consent to process Your Personal Data You have the right to withdraw Your consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your User Information and/or Personal Data conducted in reliance on lawful processing grounds other than consent.

e. If You are resident in the European Economic Area and You believe We are unlawfully processing Your Personal Data, You also have the right to complain to Your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

f. If You would like to opt-out of or unsubscribe from receiving direct marketing communications, You can also use the unsubscribe link contained in the message You have received. However, You cannot opt out of receiving transactional emails related to Your account with Us or Services, unless You delete Your account. 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. Our affiliates and partners are solely responsible for their own marketing emails and other communications directed to You. We cannot unsubscribe You from Our partners’ communications. You may, however, unsubscribe from Our communications regarding Our partners’ by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly. 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.

g. Upon Your request to terminate Your account, We will deactivate or delete Your account and information from Our active databases. However, some information may be retained in Our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce Our Terms of Use and/or comply with legal requirements.

h. We will not discriminate against You for exercising any of Your privacy rights. Unless permitted by law, We will not (i) deny You goods or services; (ii) charge You different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (iii) provide You a different level or quality of goods or services; or (iv) suggest that You may receive a different price or rate for goods or services or a different level or quality of goods or services. However, deletion of Your Personally Identifiable Information may hinder the performance of the Services.

If You would at any time like to review or change the information in Your account or terminate Your account, You can:

• Log into Your account settings and update Your user account; or
  
• Contact Us using the contact information provided.
  

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.

USE OF COOKIES AND TRACKING TECHNOLOGIES

a. Circle collects certain information by automated means when You interact with our Services. Circle uses cookies and similar technologies to collect some of this information.

b. Like many companies, Circle uses “cookies” and related trackers such as web beacons on Our Services. Our Service Providers (such as analytics providers) may also place cookies and similar technologies on the Services. Cookies are bits of text that are placed on Your computer's hard drive when You visit certain websites and tell us information such as whether You have visited the Site before and what page You visited. Web beacons allow Us to obtain information such as the IP address and type of the device that downloaded the page where the beacon is placed, the URL of the page, and the timestamp of the page visit.

c. Circle also collects IP addresses. When You visit Our Site, Circle may view and/or store the IP address of the device You are using. 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 Site and Circle Applications is set out here.

Use of tracking in the App is required for the proper functioning and ongoing improvement of the Services. Specifically, the data collected in the App 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 Services are 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 Services. Some browsers offer a “Do Not Track” (“DNT”) signal whereby You may indicate Your preference regarding tracking and cross-site tracking. Like many companies, Circle does not currently recognize or respond to DNT signals.

Our Services also use web analysis services such as Google Analytics, in order to better understand Your use of Our websites and how We can improve the Site. The information generated by these services is anonymous and does not include data that can personally identify You. The anonymous information collected through the use of these services is not combined with any information You may have explicitly chosen to share with Us. To opt-out of Google advertising features, view through Your ad settings and/or install the Google Analytics Opt-out Browser Add-on by clicking here.

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 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 remote access upon resolution of the support request or deletion of Your account.

CHILDREN’S PRIVACY

• Although the Circle Services are designed to support families with children of all ages, the administration, configuration, and management of the Circle Services are intended for use by persons over the age of 16. Circle does not knowingly collect personal information (as that term is defined in the Children’s Online Privacy Protection Act, or COPPA) from anyone under the age of 16 without parental or legal guardian consent.
• If You become aware that Circle has collected personal data from a child under the age of 16 without parental or legal guardian consent, please let Us know by contacting Us at privacy@meetcircle.com or (1) 855-498-7879 so Circle can take appropriate action. We strongly encourage the parent or guardian of any child under the age of 16 to actively guide any interactions with and/or use of the Circle Services.
• Some versions of the MyCircle application (“MyCircle”) 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 is required. Therefore, when the MyCircle messaging feature is activated by a User, the User shall verify the MyCircle Users under the age of 16, and shall provide consent for Circle’s personal data collection practices for children under the age of 16. Failure to provide the necessary and required consent shall be a material breach of this Agreement, and grounds for termination of this Policy and Your use of Circle Services.
  

Contact
Circle Media Labs, Inc.
2553 Dulles View, Drive
Herndon, VA 20171
1-855-920-2390
privacy@meetcircle.com