CIRCLE LABS’ END USER PRIVACY POLICY

Effective Date: Jul 20, 2021

 

Circle Labs, Inc. (“Circle Labs” or “we,” “us,” or “our”) provides, owns, maintains, or operates (as the case may be) certain software applications (and other smartphone, device, artificial intelligence or electronic applications or tools) (collectively, the “App”), the Circle Labs websites [located at https://circlelabs.xyz (collectively, the “Website”), and certain social media tools and platforms (together with the Website and the App, the “Services”). Information displayed, used, or collected through the Services and any emails, text messages, direct messages, messages or notifications delivered through the App, or other communications whether electronic or written are referred to collectively as the “Resources.”

We recognize that you care how information about you is collected and used. We have created this Privacy Policy to inform you of our information collection, use, and sharing practices. This Privacy Policy explains Circle Labs’ collection and use of information that may identify you and covers information collected through the Services and/or Resources. 

It is Circle Labs’ policy to respect your privacy regarding any information we may collect, subject to the terms and conditions of this Privacy Policy and the Terms and Conditions for the Services, as either or both may be amended from time to time. 

(a)            We collect the following information about you:

(i)              Personal Information. This is information that directly or indirectly identifies you, such as your name, email address, credit card information, or other identifying information about you, or information that would, when combined with other information you provide or that is broadly available, be likely to identify you.

(ii)            Other InformationOther Information is information that is not Personal Information. Other Information does not, by itself, individually identify you, such as browser type, operating system, technical data, and usage. We may link together different types of Other Information or link Other Information to Personal Information.

(b)            You may interact with Circle Labs in ways that require Circle Labs to gather Personal Information. The amount and type of information that Circle Labs gathers depends on the nature of your interaction with the Services (and the Resources provided therein). For example, when you sign up for an account with Circle Labs, we will ask you to provide your name and email address.  Circle Labs collects only such information as is legal and appropriate.  We also collect and store all chats and conversations entered through the Services for product improvement and safety compliance purposes in a human readable format. 

(c)             You may choose not to supply Personal Information, however, your choice not to provide information may prevent you from using certain Resources or engaging in certain activities on the Services.

(d)            Like most website and application operators, Circle Labs collects Other Information of the sort that web browsers, applications and servers typically make available to operators, like the browser type, language preference, referring site, and the date and time of each visitor request. Circle Labs may use this information for various purposes including, for example, to better understand how visitors to the Services use the Circle Labs’ Resources. The purposes for collecting and using this data may change from time to time at Circle Labs’ discretion, and Circle Labs may release Other Information in the aggregate. By utilizing any of the Resources, you agree to such use. 

SECTION 2.                  HOW WE COLLECT INFORMATION

We collect Personal Information and Other Information in the following ways:

(a)            Information You Give Us. For example, the Services may require you to create an account or a username and password or, if you utilize any other Resources, we may ask for Personal Information. 

(b)            Information We Get from Your Use of Services. We may collect information about the Resources that you use and how you use them. This information includes:

(i)              Computer, tablet, or mobile telephone information. We may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number), data from device sensors, and related information. Circle Labs may associate your device identifiers or phone number with your account. 

(ii)            Log information. When you use the Services or view content provided by us, we may automatically collect and store certain device data, metadata, or other data routinely provided by Services. This may include, for example:

(A)            details of how you use our Resources;
(B)            Internet protocol address;
(C)            device event information such as crashes, error messages, system activity, hardware settings, browser type, browser language, the date and time of your request, and referral URL; and
(D)            cookies that may uniquely identify your browser or your account.

(iii)           Unique application numbers. Certain Services may include a unique application number. This number and information about your device (for example, the operating system type and application version number) may be sent to Circle Labs when you install or uninstall an application or utilize that Services or when that Resource periodically contacts our servers, such as for automatic updates.

(iv)           Local storage. We may collect and store information (including Personal Information) locally on your device using mechanisms such as browser web storage (e.g., as offered through HTML 5) and application data caches.

(v)            Cookies and anonymous identifiers. We use various technologies to collect and store information when you visit the Services as described below, and this may include sending one or more cookies or anonymous identifiers to your device.

(vi)           Online purchases.  If you make a purchase with us (a “Purchase”), we may collect (or you may be asked to supply) certain information about you, including, without limitation, your credit card number, the CVC and expiration date of your credit card, your billing address, and other contact and/or travel preferences.  In connection with any Purchase you make, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct and complete.  By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of any Purchases.   We reserve the right to refuse or cancel your order at any time for any reason including, without limitation, product or service availability, errors in the description or price of the product or service, error in your order or other reasons or no reason.

SECTION 3.                  HOW WE USE INFORMATION WE COLLECT

(a)            We take your privacy seriously. We use the information that we collect about you to provide, maintain, protect, and improve the services and products that Circle Labs provides to you. We do not sell your information to any third parties and only use it for legitimate business purposes. 

(b)            We use your Personal Information for the following purposes, or may use it for these purposes in the future:

(i)              To establish, manage, and administer your customer account and our business;

(ii)            To respond to questions that you may have;

(iii)           To provide products or services you request;

(iv)           To inform you of updates regarding Circle Labs, the App, or services or products that may be of interest to you;

(v)            To provide administrative notices or communications applicable to your use of the Resources;

(vi)           To manage your participation in events and other promotions where you have signed up for such events and promotions; 

(vii)          To operate, evaluate, and improve our business and the products and services we offer;

(viii)         To analyze and enhance our marketing communications and strategies;

(ix)           To analyze trends and statistics regarding your use of our Services and Resources, including social media assets;

(x)             To protect against and prevent fraud, unauthorized transactions, claims and other liabilities;

(xi)           To improve our customer service;

(xii)          To respond to and support customers regarding their use of the Resources; and

(xiii)         To comply with all applicable legal requirements.

(c)             We also may use the information we obtain about you in other ways for which we provide notice at the time of collection. We may ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

SECTION 4.                  COOKIES AND OTHER TRACKING TECHNOLOGIES

(a)            In addition, some of our Services may utilize “cookies” and other tracking technologies like pixel tags and web beacons (often called “smart cookies”) to improve the functionality of the Services. Cookies are text files that are sent by servers to web browsers and stored on your computer. They tell us which parts of the Resources you’ve visited so Circle Labs can alert you to software compatibility issues and save your preferences for future visits to the Resources. Web beacons and pixel tags are images embedded in a webpage or e-mail for the purpose of measuring and analyzing usage and activity. Our Services (or third party service providers acting on our behalf) may use web beacons and pixel tags to help us analyze usage and improve our functionality. Some cookies and other technologies may serve to recall Personal Information previously provided by you.

(b)            We may use information collected from cookies and other technologies to improve your user experience and the overall quality of our services. We use cookies to help us identify and track visitors, their usage of the Resources, and their access preferences. We may use your Personal Information to track which Resources you visit, which website or resources you visited before coming to our Website, and where you go after you leave our Website. We can then develop statistics that help us understand how our visitors use our Websites and how to improve our Website. Circle Labs visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Resources; provided, however, that Circle Labs disclaims, and you hereby waive, any claim or liability that may arise due to your partial or incomplete access to the content of any of the Resources as a result thereof.

(c)             We also may use cookies provided by Google Analytics or other third parties to help us measure how visitors use the Services. The information collected is used for a variety of purposes, including, but not limited to, site traffic reporting, unique visitor counts, and content optimization. Although Google Analytics logs the information coming from the Services on our behalf, we control how the data may and may not be used. You can opt-out of this website analysis tool by clicking: https://tools.google.com/dlpage/gaoptout.

SECTION 5.                  HOW WE SHARE INFORMATION WE COLLECT

(a)            As part of the use of your information for the above purposes, we may disclose your Personal Information or Other Information to our vendors and other contractors who perform various functions on our behalf. We require these third parties to agree in writing to safeguard your Personal Information against improper disclosure and in accordance with the law. 

(b)            We may also provide Personal Information to our affiliates or other trusted businesses or persons who provide services to you or us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.

(c)             If Circle Labs or any of our affiliates is involved in a merger, acquisition, asset sale, joint venture or other, similar transaction, your information may be transferred to, or accessed by, a successor or other entity and may be subject to that entity’s privacy policies, which may vary from this Privacy Policy. As part of the transaction, and in review or preparation for same, we may transfer or allow access to Personal Information as described below under Section 7 (Business Transfers).

(d)            We also may provide information about you to other third parties with your consent or for one of the purposes above, e.g., following a subpoena or other legal process or to a regulatory agency in order to protect against fraud or investigate a criminal or civil matter or when Circle Labs believes in good faith that disclosure is reasonably necessary to protect Circle Labs’ rights and interests, third parties, or the public at large.

SECTION 6.                  HOW WE PROTECT YOUR INFORMATION

(a)            Circle Labs discloses Personal Information to those of its employees, contractors, agents, and affiliated organizations with a “need to know” in order to provide the Services, process Personal information on Circle Labs’ behalf, or otherwise to provide services. Some of those employees, contractors, agents, and affiliated organizations may be located outside of your state, province, or country. By using the Resources or providing us information, you consent to the transfer of such information to them.  

(b)            If you are a registered user of one or more Resources or have supplied your email address, you agree that in addition to any Resources you may have solicited or requested, Circle Labs may send you emails to provide you with information, inform you of new products, solicit your feedback, or keep you up to date on Circle Labs, our Services, or our products or services. If you send us a request (for example, via a support email, through the App, or via one of our other feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. You may choose not to receive marketing email communications from us by clicking on the “unsubscribe” link in our marketing emails. You also may ask us not to send you other marketing communications by contacting us as specified in Section 14 (Contact Us), below, and we will honor your request.

(c)             We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, we may not immediately delete residual copies of Personal Information that is on our active servers and may not remove information from our backup systems. If you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in Section 14 (Contact Us), below.

(d)            Circle Labs undertakes commercially reasonable efforts to guard against unauthorized access, use, alteration, or destruction of Personal Information, which efforts you agree are sufficient, adequate, and complete. In some cases, we cannot control, and are not responsible for, information that is shared about you. For example:

(i)              Information You Share. Some of our Services or other Resources may let you share information with others. Remember that when you share information publicly, it may be indexable by search engines or otherwise further disclosed. 

(ii)            Social Media Accounts. Circle Labs maintains various social network accounts on platforms such as Discord, Facebook, Twitter, or LinkedIn. Please note that comments and information that you leave on such platforms are likely to be broadly visible and may not be controlled by Circle Labs. Circle Labs is not responsible for any information or messages you leave on such platforms or for how such information may be used by others. Please review the terms of use and privacy policies of any social network platforms you use, as they will control your rights and responsibilities. Your use of those platforms is not covered by this Privacy Policy.

(iii)           Accessing and Updating Personal Information. We may or may not be able to provide you with access to Personal Information you share with us (e.g., when creating an account, using the App, or accessing our Resources). If information that we control about you is incorrect, we strive to give you ways to update or delete it (unless we have to keep that information for legitimate business or legal purposes). When updating your Personal Information, we may ask you to verify your identity before we can act on your request.

SECTION 7.                  BUSINESS TRANSFERS

In the event (i) Circle Labs engages in one more asset sales or purchases, (ii) Circle Labs is acquired, (iii) Circle Labs engages in one or more business combinations, mergers or acquisitions, (iv) substantially all of Circle Labs’s assets are acquired, or (v) Circle Labs is subject to an event of bankruptcy, you acknowledge and agree that user information comprises an asset of Circle Labs and that the same is subject to assignment, transfer and/or acquisition by a third party. Accordingly, and notwithstanding anything to the contrary in this Privacy Policy, you acknowledge and agree that such transfers may occur, and that any acquirer of Circle Labs may continue to subsequently use your Personal Information, and that such subsequent use may not be consistent with this Privacy Policy.

SECTION 8.                  ADVERTISEMENTS

Advertisements appearing on any of the Services may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Circle Labs only and does not cover the use of cookies by any advertisers as described in this Section 8.

SECTION 9.                  COMMENTS

You acknowledge and agree that Circle Labs has no duty or obligation to respond to or save user comments (including comments posted via the Website or the App), but we may further use and disclose your comments as otherwise described in this Privacy Policy.

SECTION 10.               CHILDREN

The Services are not intended for use by children. We do not intentionally gather Personal Information about individuals who are under the age of 13. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records (subject to Section 6(c)). If you believe that we might have any information from a child under age 13, please contact us as set out in Section 14 (Contact Us). If we learn that we have inadvertently collected the Personal Information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible. 

SECTION 11.               DO NOT TRACK

Some browsers have a "Do Not Track" feature that lets you tell websites and online services that you do not want to have your online activities tracked. Such browser features are not uniform, so our websites and online services may not respond to those signals.

SECTION 12.               INFORMATION FOR CALIFORNIA RESIDENTS 

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. We do not share Personal Information with third parties for their own marketing purposes, however, California customers may request further information about our compliance with this law by e-mailing us at the address listed in Section 14 (Contact Us).

SECTION 13.               INTERNATIONAL VISITORS

The Services are intended for use in the United States, and Circle Labs does not target or direct the Services (and any Resources provided therein) to users in the European Union or otherwise outside of the United States.  If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring information about you, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as the European Union (or other applicable jurisdiction), and you consent to the transfer, use, and disclosure of information about you, including your Personal Information, to the United States as described in this Privacy Policy.

SECTION 14.               CONTACT US

If you have any specific questions about this Privacy Policy, you can contact:

Circle Labs, Inc.
Attn: Privacy Officer, Circle Labs
Floor 4 756 W Peachtree St NW, GA 30308
hi@circlelabs.xyz

SECTION 15.               POLICY CHANGES

Circle Labs reserves the right to change this Privacy Policy from time to time and at any time, without notice, in Circle Labs’ sole discretion. By checking the Effective Date above, you can determine the date of our latest changes to this Privacy Policy. Circle Labs encourages visitors to frequently check this page for any changes to its Privacy Policy. Your continued use of any Resources after any change in this Privacy Policy will constitute your acceptance of, and consent and agreement to, such change.