Privacy

Terms of Use and Privacy Policy

I. Introduction

Please read these Terms of Use (“Terms”) thoroughly before using our website or Circle Services. Your use of the Circle website, or applications designed to access the website, whether stand-alone applications for computers or mobile devices, or the software incorporated into a Circle Device (collectively, such products and application are referred to as the “Circle Services”), means that you agree to these Terms. 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 these Terms constitutes your acceptance of the revised Terms.

These Terms constitute a binding agreement between you and Circle Media Inc., and its affiliates and subsidiaries (collectively “Circle,” “we,” “us”). “You” and “users” shall mean all visitors, including individuals, family members, and other users, to the Circle website, as well as all users of any Circle application and Circle Services. In addition, the Circle Device and Software (as defined below) are licensed according to the terms of an End User License Agreement available for review here: https://meetcircle.com/privacy/.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, or otherwise submitting information and content to Circle.

II. Circle Services

Three primary elements comprise the Circle Services: (i) an internet gateway device (the “Circle Device”) that allows personalized control of access to websites, feeds, and other content on the Internet; (ii) software applications (“Software”) that allow users to administer, configure, and manage their Circle Device, including the Circle Go application for mobile devices; and (iii) an Application Protocol Interface (“API”) that allows the Software to communicate with Circle’s servers in order to facilitate the flow of information from the Circle Device to users. Circle Services provide individuals and families with a means of controlling the internet activity of family members, visitors, and others within their home network.

A. Content Blocking Not Guaranteed. You acknowledge that use of the Circle Services does not guarantee that content you deem objectionable will be 100% unavailable at all times or at any time. You assume full risk and responsibility for the use of or reliance on the Circle Services as regards content blocking. “False positive” content blocking may occur from time to time or at any time. Circle strives to allow sufficiently granular control of content filters to allow educational or meritorious content through, if that is the intent of the user. However, there is no guarantee that some content that you would deem acceptable will not be blocked.

B. Behavioral Outcomes Not Guaranteed. Use of the Circle Services may include “reward” activities for users who are seeking to ensure that their children or other dependents are successfully completing tasks. As an example, a user may condition access to web content on the successful completion of homework or chores. Circle does not monitor, nor can it verify, user activity with respect to such reward activities. Circle makes no representations about the effectiveness of such methods.

III. Privacy Issues and Our Privacy Policy

Circle is committed to maintaining your privacy in all of its practices. This section discusses measures that we take to protect your privacy, and discloses information about certain data collection practices that help us ensure that your user experience is as seamless as possible.

A. What We Mean by “Personal Information.” “Personal Information” means any information that may be used to identify an individual, including, but not limited to, a first and last name, email address, a home, postal or other physical address, other contact information (including information discoverable via access to your mobile device’s operating system), and other information, including information that you submit to or save within the Circle Services.

B. Privacy Defaults. When you use Circle Services, the primary identifier that we work with is the ID Number of your Circle Device or Circle Go Software. This prevents unnecessary transfer of Personal Information whenever possible. Circle does not need to know “who” is using the Circle Services. Rather, we need to know “which” device is requesting, posting, or otherwise interacting with the API. 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 are not readily accessible via the Circle Services.

When you use a Circle Service via a mobile application, such as the Circle Go Software, you may be providing Personal Information as you establish your account credentials, utilize the features of the Circle Services, transmit information to Circle’s API, and otherwise engage with the Circle Services. Circle has access to Personal Information for the limited purpose of providing functionality and features via the Circle Services. Except as necessary to provide services, Personal Information stored on the mobile application is not shared with Circle, and Circle does not archive such information on its servers. Circle servers do not aggregate or retain this information beyond what is necessary for the Circle Home app to function. We don’t store your family’s Internet use on our servers, nor do we anonymize it and store aggregated information. We won’t sell or share your information with anyone. Although the information stored in a mobile application is password-protected, you should not expect that the information is entirely secure. You are primarily responsible for the security of information stored in the mobile application, and the mobile device itself.

C. Tracking Technology. The Circle Services may use a standard technology called a "cookie" to collect information about how you use the site. A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites.

Some parts of the Circle website use cookies to understand user traffic patterns. We do this in order to determine the usefulness of our website information to our users and to see how effective our navigational structure is in helping users reach that information. Some of the features and functions of the Circle Services may require the use of cookies in order to work properly. If you prefer not to receive cookies while browsing our website, you can set your browser to reject all cookies, or to prompt you to accept or reject individual cookies. You do not need to have cookies turned on to use/navigate through many parts of the Circle website. However, some features of the Circle Services may not function in the absence of cookies.

D. Personal Information Sharing and Disclosure. Your Personal Information is never shared outside the Circle Services without your permission, except under conditions explained below. Bear in mind that Circle cannot be held responsible for your own disclosure of Personal Information, whether accidental or intentional.

Circle may send your personal information to other companies or people under any of the following circumstances:

  • When we have your consent to share the information;
  • When we need to share your information to provide the product or service you have requested;
  • When you have told us to send the information to other individuals on your behalf.

We will also disclose your personal information if required to do so by law, to enforce our Terms of Use, or in urgent circumstances, to protect personal safety, the public, or the Circle Services.

E. Children’s Online Privacy Protection Act (COPPA). COPPA regulates the collection of data about children under the age of 13 who are accessing a website or other Internet application. 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 adults over the age of 18. We do not require any information regarding minor children in order to provide the Circle Services. We offer the opportunity to create profiles for each user of the Circle Services, including minors, but those profiles do not ask for Personal Information regarding those minor children. To the extent that we retain Personal Information about minor children, such information is encrypted in transit and at rest. To prevent inadvertent disclosure of Personal Information, 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 18 to install the mobile application on each family member’s device, and to curate your child’s interaction with the Services. In the unlikely event that a child under the age of 13 chooses to access the Circle Services, Circle believes that its privacy policy and procedures comply with the requirements of COPPA.

F. Remote Access of Your Circle Device. The End User License Agreement for the Circle Device authorizes Circle or its duly authorized support representatives to access Circle Devices remotely. Circle requires such access in order to troubleshoot, debug, and otherwise offer support and solutions to Circle Device users. Circle does not access a given Circle Device 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 Circle or its duly authorized support representatives have to your Circle Device, you must state what limitations you wish to place on Circle’s use of remote access at the time of your support request. Circle or its duly authorized support representatives will only access your Circle Device 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.

G. Privacy Complaints and Concerns. If you have a complaint about privacy matters, concerns regarding this Privacy Policy, or any related questions, please contact Patrick Wilson:

Patrick Wilson
1201 NE Lloyd Blvd.
Suite 100
Portland, OR 97232
patrick@meetcircle.com

IV. Eligibility to Use Circle Services

No part of the Circle Services is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE CIRCLE SERVICE AT ANY TIME OR IN ANY MANNER. Parents, please be advised that we do not recommend that children under the age of 18 be given administrative access to the Circle Services, with or without supervision.

Repeated violation of these Terms, however innocent or inadvertent, will result in suspension or deletion of a user’s account.

V. Your Account

A. User Responsibilities. You are responsible for your log-in credentials and for keeping your contact information accurate and up to date. You are responsible for any activity resulting from the use of your log-in credentials on the Circle Service. You represent and warrant that the information you provide to Circle upon registration of your Circle Device, creation of an account via the Circle Go Software, and at all other times will be true, accurate, current, and complete.

B. Your Log-In Credentials. To use the Circle Service, you will have log-in information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Circle Service and to preserve the confidentiality of your username and password, and any device that you use to access the Circle Service.

You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Circle by e-mail to help@meetcircle.com. You will be solely responsible for the losses incurred by Circle and others due to any unauthorized use of your account.

VI. Communications

By using the Circle Service 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 the Circle Service. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Circle Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at help@meetcircle.com.

VII. Circle’s Content Ownership and Use

The contents of the Circle Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and any other Circle content (collectively, “Circle Content”). All Circle Content and the compilation (meaning the collection, arrangement, and assembly) of all Circle Content are the property of Circle or its licensors and are protected under copyright, trademark, and other laws.

A. License to You. We authorize you, subject to these Terms, to access and use the Circle Service and the Circle Content solely for the personal, non-commercial use of the Circle Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Circle Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Circle Content on any copy you make of the Circle Content.

B. Third-Party Content. The Circle Services may contain content from Circle partners and licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Circle Services. You understand and agree that you will not obtain, as a result of your use of the Circle Services, any right, title, or interest in or to the Circle Content, or any third-party content delivered via the Circle Services or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in the content.

B. Circle Marks. Circle, the Circle logo, and other Circle logos and product and service names are trademarks of Circle (the “Circle Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Circle Marks.

VIII. Intellectual Property Rights and Circle’s License to Use Your Content

A. User Content. The Circle Services may provide you with the ability to create, post, or share content (“Your User Content”). Circle claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Circle Service. You are responsible for protecting those rights.

B. License to Circle. By creating, posting, or sharing Your User Content on or through the Circle Service, and subject to Circles’ Privacy Policy, you grant Circle a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit Your User Content for the purposes of providing the Circle Services. You waive any rights you may have regarding Your User Content being altered or manipulated in any way that may be objectionable to you. This license will continue when you stop using the Circle Services. Circle reserves the right to refuse to accept, post, display, or transmit any User Content in its sole discretion.

C. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Circle Services or otherwise have the right to grant the license set forth in these Terms, (ii) the posting and use of Your User Content on or through the Circle Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your User Content on the Circle Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Circle Services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary.

IX. Copyright Policy; DMCA Notices.

Tell us if you think a user has violated your copyright using the Circle Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Circle Service infringe your copyright, you (or your agent) may send Circle a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Circle Service are covered by a single notification, a representative list of such works);
  3. Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Circle to locate the material on the Circle Service;
  4. Your name, address, telephone number, and email address (if available);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Circle a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Circle Service should be sent to the following address:

Circle Media Inc.
Attn: Legal
1201 NE Lloyd Blvd.
Suite 100
Portland, OR 97232

Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

X. Suggestions and Submissions

We appreciate hearing from our users and welcome your comments regarding the Circle Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Submissions”), we shall:

  1. own, exclusively, all now known or later discovered rights to the Submissions;
  2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Submissions; and
  3. be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

XI. User Content Disclaimers, Limitations, and Prohibitions

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users (“User Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Circle Services you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your User Content on the Circle Services. Circle does not endorse any, nor is it responsible for, User Content on the Circle Services. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.

You agree to use the Circle Service only for its intended purpose. You must use the Circle Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Circle Service are prohibited. You may not:

  1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Circle Services, user accounts, or the technology and equipment supporting the Circle Services;
  2. frame or link to the Circle Services without permission;
  3. use data mining, robots, or other data gathering devices on or through the Circle Services, unless specifically allowed by these Terms;
  4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  5. harass, stalk, abuse, or post irrelevant or objectionable material;
  6. sell, transfer, or assign any of your rights to use the Circle Services to a third party without our express written consent;
  7. post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same content more than once can be considered "spam" or "spamming");
  8. use the Circle Services in an illegal way or to commit an illegal act in relation to the Circle Services or that otherwise results in fines, penalties, and other liability to Circle or others; or
  9. access the Circle Services from a jurisdiction where it is illegal or unauthorized.

XII. Consequences of Violating These Terms

We reserve the right to suspend or terminate your account and prevent access to the Circle Services for any reason, at our discretion. We reserve the right to refuse to provide the Circle Services to you in the future.

Circle may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Circle Services.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Circle Services.

XIII. Circle’s Liability

A. Changes to the Circle Services. We may change, suspend, or discontinue any aspect of the Circle Service at any time, including hours of operation or availability of the Circle Service or any feature, without notice or liability.

B. User Disputes. We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the Circle Services. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release Circle from all claims, demands, and damages in disputes among users of the Circle Services, or between a user and a third party. You also agree not to involve us in such disputes. Use caution and common sense when using the Circle Services.

C. Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any content accessed using the Circle Services. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained or discovered through the Circle Services. Use the Circle Services at your own risk.

D. Third-Party Websites. The Circle Services may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

E. No Guarantee of Results. We make no promises and disclaim all liability of specific results from the use of the Circle Service.

G. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE CIRCLE SERVICES IS AT YOUR SOLE RISK, AND THE CIRCLE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE CIRCLE SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE CIRCLE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE CIRCLE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CIRCLE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE CIRCLE SERVICE WILL MEET YOUR EXPECTATIONS, AND (IV) ANY ERRORS IN THE CIRCLE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CIRCLE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

“Released Parties” include Circle and its affiliates, officers, employees, agents, partners, and licensors.

H. LIMITATION OF LIABILITY AND INDEMNIFICATION YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL INJURY OR DEATH (EVEN IF CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE CIRCLE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE CIRCLE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE CIRCLE SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE CIRCLE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE CIRCLE SERVICE OR YOUR USE OF CIRCLE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE RETAIL COST PAID FOR THE CIRCLE DEVICE THROUGH WHICH THE USER PRINCIPALLY ACCESSES THE SERVICES.

I. Indemnification. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Circle Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.

XIV. General Terms

These Terms constitute the entire agreement between you and Circle concerning your use of the Circle Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XV. Arbitration; Class Waiver; Waiver of Jury Trial

These Terms and the relationship between you and Circle shall be governed by the laws of the state of Nevada without regard to its conflict of law provisions. You and Circle agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Circle Service under the rules of the American Arbitration Association.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Circle Service or these Terms:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
  • YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

XVI. Privacy Notice for Canadian Purchasers: Protection of Personal Information & Mandatory Disclosures

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.

A. 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.

B. 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.

C. 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.

XVII. Privacy Notice for Norwegian Purchasers: Protection of Personal Information & Mandatory Disclosures

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.

A. 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.

B. 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.

C. 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.

XVIII. Privacy Notice for Purchasers in the Netherlands, Belgium, and Luxembourg Protection of Personal Information & Mandatory Disclosures

Pursuant to the EU Privacy Directive (the “Directive”) and the national privacy laws of the Netherlands, Belgium, and Luxembourg, Circle Media, Inc., a Nevada Corporation ("Circle") provides this Privacy Notice ("Notice") to its customers in these countries.

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 Directive unless it is encrypted in transit and at rest. Nonetheless, using the Services carries certain privacy risks for customers in EU member nations. Please review this Notice carefully.

A. 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 Directive requires Circle to notify and obtain consent from users regarding data, which may include Personal Information, traveling outside the EU to the United States. Data transmitted outside the country of origin will rest on our servers.

B. 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.

C. 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.