CIRCA TERMS OF USE

This terms of use agreement and privacy policy (“Agreement”) is an Agreement between CIRCA INTERACTIVE, INC. (“CIRCA”), its subsidiaries, affiliates, and third-parties associates of CIRCA (“CIRCA ”) which runs a website (the “Platform”). The Agreement applies to anyone (referred to as “Users”, “User”, “You”, or “Your” as applicable) who uses any of the services CIRCA offers which include, without limitation, accessing, or using the Platform (collectively, the “Services”).

By accessing or using the Services, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms. If You do not agree, then please do not use the Services.

The Effective Date of this Agreement is April 1, 2020

MODIFICATIONS

CIRCA reserves the right, in its sole discretion, to modify or add to this Agreement at any time, for any reason, with or without notice to You (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Platform. CIRCA may provide notice of significant changes to this Agreement as required by law.

Your use of the Services following the posting of any Updated Terms constitutes Your unconditional acceptance and agreement to be bound those changes. You must cease using the Services immediately if You do not agree to be bound by the Updated Terms.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to Your use of the Services from that point forward.

COMMUNITY GUIDELINES

CIRCA reserves the right to enforce rules to encourage a positive atmosphere in our community. As a condition of Your use of the Services, You agree that:

  • You must be at least 13 years of age or older to use the Services
  • You are solely responsible for Your interaction with other Users of the Services, whether online or offline;
    You are responsible for any activity that occurs under Your registered username;
  • CIRCA reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users;
  • You may not impersonate any other person, User or company or upload or post any content that You know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents Your identity or affiliation with CIRCA;
  • You may not post, transmit, or upload pornographic materials (this includes nude, partially nude, or sexually suggestive photos);
  • You may not promote violence or describe how to perform a violent act;
  • You must not abuse, harass, threaten, impersonate, or intimidate other users or use the Services to harass others in any manner;
  • You may not use the Services for any illegal or unauthorized purpose(s) including, without limitation, to violate any law, contract, intellectual property or other third-party right or commit a tort
  • If You are under the age of 18, but older than the age of 13, and use Our Services, You represent and shall warrant that Your parents or legal guardians have reviewed and agreed to these Terms on Your behalf.

The above list contains examples and is not intended to be complete or exclusive. CIRCA does not have an obligation to monitor Your access to or use of the Services or to review or edit any information posted to the Services, by users. However, CIRCA has the right to do so for the purpose of operating the Services, to ensure Your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

GENERAL CONDITIONS

You agree to the following conditions for Your use of the Services:

  • CIRCA reserves the right to refuse Services to anyone for any reason at any time.
  • CIRCA reserves the right to force forfeiture of any username or account that becomes inactive, violates this Agreement, defames, or may mislead other users.
  • CIRCA reserves the right to reclaim usernames or accounts on behalf of businesses or individuals that hold legal claim or trademark on those usernames or accounts.
  • To the extent Your conduct, in our sole discretion, violates this Agreement, CIRCA may limit or terminate the Agreement, Your account, and Your Services, and seek other remedies.
  • CIRCA cannot be responsible for prohibited content posted on its Services, so You nonetheless may be exposed to such materials and do so at Your own risk.
  • In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, CIRCA reserves the right to update, change, or cancel the transaction.
  • CIRCA has not reviewed, verified, or authenticated any of the content available on the Services, and may include inaccuracies or false information. Thus, CIRCA makes no representations, warranties, or guarantees in connection with its Services relating to the quality, suitability, truth, accuracy, or completeness of any content contained related to the Services.

PROHIBITED USES

You shall not:

  • Access or try to access non-public areas of the Services, CIRCA computer systems, or the technical delivery systems employed by CIRCA for its Services;
  • Use any robot, spider, site search/retrieval application(s), or other automated/manual device, process, or means to scrape any portion of the Services or any content from CIRCA , including but not limited to, posted items, Customer profiles, Content as described below, or other User(s) information;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services. Create or submit unwanted email or comments to any users;
  • Gather and use User information for any purpose outside of this Agreement, including but not limited to, spam, chain letters, pyramid schemes, or any other form of unwanted solicitation;
  • Transmit any worms or viruses or any code of a destructive nature.
  • Develop any third-party applications that interact with the Services without our prior written consent.
  • Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
  • Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time
  • Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates this Agreement or any laws in Your jurisdiction.
  • You may not add sensitive data to Your account that is subject to U.S. federal regulations which includes, without limitation, medical records, health-related records, human resources-related data, student records.

ACCOUNT

You may be required to establish an account on the Platform or other supporting service linked to the Platform (an “Account”) to access certain portions of the Platform. Each Account and the User identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your personal use and each Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third-party with the right to access Your Account or Account ID. You are solely responsible for all use of the Platform or Content through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify CIRCA immediately if any Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You may be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current.

END USER LICENSES

Your License to the Platform. Subject to Your compliance with this Agreement, CIRCA will permit You to access and use the Platform solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You may have entered into with CIRCA (the “Platform License”).

Your License to the Content. Unless otherwise noted on the Platform, all content, data, or other information provided through the Platform made by CIRCA (collectively “Content”) is owned by CIRCA. By accepting this Agreement, CIRCA grants to You a non-exclusive, non-transferable, and revocable license to use the Platform and Content only for the purposes for which CIRCA has provided the Platform to You (“Platform License”). You may not, in whole or in part, copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of the Platform, or in any other way exploit any of the Content, software, products, or services contained in the Platform without the prior written consent from CIRCA.

Our License to Third-Party Content. Certain content may include or be based on data, information, or content provided by You or other independent third-party content providers. By using the Services, You may provide CIRCA with content You post including, without limitation, videos, photographs, data, and biographies which, when provided, become “Third-Party Content.” You hereby grant CIRCA a non-exclusive, perpetual, irrevocable, transferable license to the Third-Party Content You provide. This license includes, without limitation, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including but not limited to, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. You represent and warrant that You own any Third-Party Content You provide or You otherwise have the right to grant the rights and licenses for the Third-Party Content. You are solely responsible for verifying the accuracy, completeness, and applicability of all such Third-Party Content, and for Your use of any such Third-Party Content. CIRCA has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Third-Party Content provided through the Platform. Except as set forth in the Platform License, You are granted no licenses or rights in or to any Content or Third-Party Content. If You would like to use the Content in a manner not permitted by this Agreement, please contact CIRCA.

DATA COLLECTION AND USE

Acknowledgement of Our Privacy Policy. You expressly consent to the use and disclosure of personally identifiable information and other data and information as described in the Privacy Policy. Notwithstanding anything in the Privacy Policy, CIRCA shall have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source) resulting from Your access to and use of the Services. To the extent any such data or information is collected or generated by CIRCA, the data and information will be solely owned by CIRCA and may be used by CIRCA for any lawful business purpose without a duty of accounting to You.

Personal Data. If You are providing data to us that is not personal to You, You agree that You have either provided the owner of such personal data notice or received permission from the owner of such personal data, as required by applicable law, for us to: (a) use or disclose the data in accordance with our Privacy Policy, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, (c) provide the data to third parties, and (d) otherwise use and disclose the data in accordance with this Agreement. You acknowledge and agree that CIRCA may provide data in Your Account to any users of Your Account to which that data is applicable or personal to.

Data Compilations and Aggregation. You give CIRCA permission to combine identifiable and non-identifiable information You enter or upload to the Services with that of other users of the Services and/or other CIRCA services. For example, this means that CIRCA may use Your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for You to compare business practices with other users.

International Storage. CIRCA may access or store personal information in multiple countries and states, including countries and states outside of Your own country or state to the extent permitted by applicable law.

CIRCA may monitor Your content. CIRCA may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect CIRCA or its customers, or operate the Services properly. CIRCA, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

Communications Required by Law. CIRCA may be required by law to send You communications about the Services or third party products. You agree that CIRCA may send these communications to You via email or by posting them on our Services or by messaging you directly via the Platform.

Telephone numbers. You may provide us with Your telephone number as part of Your customer record or registration or via other methods. You understand and agree that CIRCA may use Your telephone number for any reason including, but not limited to commercial phone calls, texts, whether automated or made manually. For example, We may use Your telephone number for “multi-factor authentication” (“MFA”), to confirm Your identity and help protect the security of Your account. Part of the MFA identity verification process may involve CIRCA sending text messages containing security codes to Your telephone number. You agree to receive these texts from CIRCA containing security codes as part of the MFA process.

NO FINANCIAL, EDUCATIONAL, BUSINESS, OR TAX ADVICE

Generally. CIRCA does not give professional advice. Unless specifically included with the Services, CIRCA is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when You need this type of assistance.

Not an Educational Advisor, Financial Planner, Broker, Legal or Tax Advisor. CIRCA and its Services is intended for educational purposes and the information provided is broad in scope. Your personal situation is unique, and any information obtained by using the Services may not be appropriate for Your situation. Accordingly, before making any final decisions or implementing any strategy, You should obtain additional information and specific advice from other financial, educational, or career advisers who are fully aware of Your individual circumstance.

TERMINATION

CIRCA reserves the right to investigate, terminate, change, suspend, or discontinue the Services at its sole discretion, including without limitation, the availability of any feature, database, or Content as described below, or Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your use of the Service and related content. Users may also terminate this Agreement at any time. However, any obligations and liabilities made by Customer prior to termination of this Agreement shall be strictly enforced.

WARRANTIES AND DISCLAIMERS

You represent and warrant that:

  • You have the legal right and authority to enter into this Agreement;
  • You have the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
  • You are older than the age of 13 years.
  • If You are older than 13 years of age, but under 18 years of age, You represent and warrant that a parent or guardian has reviewed this Agreement and consented to its terms, in their entirety, on Your behalf.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND CIRCA EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CIRCA WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.

LIMITATION ON LIABILITY

CIRCA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE PLATFORM, CONTENT, OR SERVICES, EVEN IF CIRCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. CIRCA’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES OR $2,000, WHICHEVER IS GREATER. YOU AGREE THAT CIRCA WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, CIRCA’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CIRCA, their respective officers, directors, agents, and employees from and against any actions, claims, lawsuits, and causes of action, whether or not involving a third party, collectively defined as “Claims”, and all damages, awards, penalties, liabilities, costs, and expenses, including reasonable attorney’s fees arising out of this Agreement or Your use of the services. These Claims may related to, but are not limited to: (a) any Content submitted or posted by You, in connection with the Services, or any use of the Services in violation of this Agreement; (b) fraud You commit or Your intentional misconduct or gross negligence; or (c) Your violation of any applicable law or rights of a third-party. CIRCA may select and retain counsel to represent it at Your own expense. Without limitation, reasonable attorney’s fees and costs shall include attorney’s fees and costs required to enforce this indemnification provision. You shall promptly notify CIRCA of any claim or intended suit against CIRCA.

DMCA INFRINGEMENT NOTICES

CIRCA respects Your copyrights and other intellectual property rights, as well as those of third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by email at:

team@circaedu.com

Please provide the following information to CIRCA’s Copyright Infringement Agent:

  • The identity of the infringed work, and of the allegedly infringing work;
  • Your name, address, daytime phone number, and email address (if an email is available
  • a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
  • a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
  • Your electronic or physical signature.

INTEGRATION WITH THIRD-PARTY SERVICES

Before using any third party integrations, You are encouraged to review the terms on the basis of which the relevant third party provides its product or service that is subject of the integration; and to review personal and technical security of the product or service that is the subject of the integration. CIRCA shall rely on the fact that the You have reviewed those materials material and consented to their terms in their entirety.

CIRCA shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the third party integrations. CIRCA has no control over such third parties and is not responsible for the content of their services. CIRCA provides You with third party integrations only for Your convenience. This does not imply any endorsement or any association with such third parties. CIRCA does not warrant the use of the third party integrations will be uninterrupted or error free. Any concern regarding the third party services should be directed to the responsible third party.

By using any of third party integrations, You agree that CIRCA may allow the providers of those third-party applications access to Your data as required for the interoperation of such third-party applications with our Services. CIRCA shall not be responsible for any disclosure, modification or deletion of Your data resulting from any such access by third-party application providers.

By using any of third party integrations, Customer acknowledges and agrees that

  • CIRCA may transfer said data to the providers of those third-party applications;
  • You have obtained the respective rights and/or consents to process the data of their respective clients for the purpose of using third party integrations;
  • CIRCA shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the data CIRCA provides to such third parties.

CUSTOMER ACCEPTS AND UNDERSTANDS THIS RISK AND WAIVE ALL RIGHTS TO HOLD CIRCA RESPONSIBLE IN ANY WAY, FINANCIALLY OR OTHERWISE, FOR THIRD PARTY ERRORS AND RESULTS.

DISPUTE RESOLUTION

For any and all dispute You may have with CIRCA, You agree to first contact CIRCA and attempt to resolve the dispute informally. In the unlikely event that CIRCA has not been able to resolve a dispute within 30 days, You and CIRCA each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Services, including breach or alleged breach of this Agreement and other “Claims”, by binding arbitration.

Unless You and CIRCA decide otherwise, arbitration will be conducted in San Diego, CA. Each party will be responsible for paying its own equally proportionate share of any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CIRCA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION

FORCE MAJEURE

CIRCA shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of CIRCA.

SEVERABILITY

If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, You shall negotiate in good faith with CIRCA to modify this Agreement to affect the original intent of the drafters as closely as possible to the fullest extent permitted by applicable law.

GOVERNING LAW

This Agreement is governed by the laws of the State of California, without regard to any conflict of laws rules or principles. CIRCA ’s failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights.

QUESTIONS AND CONTACT INFORMATION

Please contact CIRCA if You have any questions about this Agreement at: team@circaedu.com

ENTIRE AGREEMENT

This Agreement is the complete and exclusive agreement between You and CIRCA regarding Your access to and use of the Services. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and CIRCA relating to Your use of the Services (except for other agreements You may have or will enter with CIRCA for additional VIP services). In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.

PRIVACY POLICY

CIRCA knows that You value Your privacy. Your privacy is important to CIRCA, too. This Privacy Policy covers the information appearing on the website on which it is posted, which is operated by CIRCA. This Privacy Policy is designed to tell You about our practices regarding collection, use, and disclosure of information that You may provide via the Services. Please take a moment to read CIRCA’s privacy practices and contact CIRCA with any questions.

Each time You use the Services, the current version of this policy will apply. Policy changes will be reflected on this page. Since Users are required to accept all changes to this policy in the Agreement, CIRCA encourages You to regularly check the date of this policy and review any changes made since the last time You used the Services.

Effective date: April 1, 2020

Collection of Information

CIRCA collects data from Users in a variety of ways. CIRCA may ask You to provide personally identifiable information, which is information that identifies You as a specific individual, such as Your name, phone number, or e-mail address, and other information about You, such as payment information, demographic information (for example, Your gender, age or similar information). By using the Services, You may generate statistics, preference related information, and other use history information that we may collect.

Although CIRCA may use User information in any way not specifically limited by the Agreement and this Privacy Policy, it is useful to understand how CIRCA typically uses the information collected from Users, such as:

  • To improve the Services;
  • To personalize Your experience;
  • To facilitate research and surveys.
  • To provide to educational institutions

CIRCA may also disclose and transfer Your personal information to any successors-in-interest in the event that CIRCA is acquired by, sold to, merged with, or transferred to a third-party. Some or all of Your personal information provided to CIRCA could be amongst the assets transferred.

Personal Information
CIRCA may use the information You submit to fulfill Your requests, provide Services functionality, improve Services quality, personalize Your experience, display relevant advertising, provide customer support, message You, back up CIRCA’s systems, allow for disaster recovery, and comply with legal obligations.

Demographic and profile data is used to tailor a User’s experience on the Services by showing the User content that the User might be interested in and displaying the content according to the User’s preferences.

To use certain features of the Services, You may be required to provide information such as Your name, a username, password, email address, social media profile and account information, mailing, address, zip code, telephone number, date of birth, gender, age verification, and/or country of residence. You may optionally provide us with additional profile information, including short biography, location, profile picture, and other information (“Personal Information”). We may use Your name, email address, and other information You provide to notify You of new products, releases, service notifications, events, and to solicit input and feedback from You.

Non-personal Information

When You visit the Services, we may collect certain non-personal information from You, including Your Internet Protocol (IP) address, the date and time of Your visit, browser type, operating system, the specific web pages visited during Your connection, and the domain name from which You accessed the Services. In addition, we may collect information about Your browsing behavior, such as the date and time You visit the Services, the areas or pages of the Services that You visit, the amount of time You spend viewing the Services, the number of times You return to the Services and other clickstream data. We may also use non-personal information for statistical analysis, research, and other purposes.

Like many commercial websites, we may analyze how visitors use our Services through what is known as “cookie” technology. A cookie is a small text file that is placed on Your computer when You access the Services and allows us to recognize You each time You visit the Services. We may use cookies to: (1) enhance or personalize Your Services usage; (2) monitor Services usage; (3) manage the Services; and (4) improve the Services and our Services. If You choose, You can set Your browser to reject cookies or You can manually delete individual or all of the cookies on Your computer by following Your browser’s help file directions. However, if Your browser is set to reject cookies or You manually delete cookies, You may have some trouble accessing and using some of the pages and features that are currently on our Services, or that we may put on our Services in the future.

We may also use web beacons on the Services, in our emails, and in our advertisements on other websites. Web beacons are tiny graphic images that are used to collect information about Your Services visit, such as the pages You view and the features You use, as well as information about whether You open and/or act upon one of our emails or advertisements. We may also collect the URL or the website You visited immediately before coming to Services. Web beacons help us analyze our Services’s visitors’ behavior and measure the effectiveness of the Services and our advertising. We may work with service providers that help us track, collect, and analyze this and other site usage information.

We may combine the non-personal information we collect, such as through cookies and web beacons, with other information we have collected from You.

Information sent by your mobile device

CIRCA may collect certain information that Your mobile device sends when You use the Services, like a device identifier, user settings, and the operating system of Your device, as well as information about Your use of the Services while using Your mobile device. CIRCA may use this information to provide the Services and to improve and personalize the Services for You.

Location information
CIRCA may collect and store information about Your location when You use the Services and take actions that use the location services made available through Your device’s mobile operating system. CIRCA may also use location information to improve and personalize the Services for You.

External sites that the Services links to are not subject to this policy

The Services contains links to other sites. CIRCA is not responsible for the privacy practices or the content of such websites. Such external sites that the Services links to are therefore not subject to this policy.

Limitations on data retention and account termination

CIRCA may keep Your data as long as is permitted or required under the law. Additionally, data may be retained, backed up, and used in our system to satisfy any of the authorized uses under this Privacy Policy. For example, CIRCA may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Services or to comply with legal obligations. Please note that information may exist in backup storage even after it has been removed from CIRCA’s active databases.

Children Under 13

CIRCA complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) and is not intended for use by children under 13 years of age. CIRCA does not knowingly or intentionally collect any personally identifiable information from or market to individuals under the age of 13. If You become aware that a child has provided CIRCA with personal information without parental consent, please contact CIRCA. If CIRCA becomes aware that a child under 13 has provided CIRCA with personal information without parental consent, CIRCA will take steps to remove such information and terminate the child’s account. If you believe that a child under the age of 13 has provided personally identifiable information to us, please contact us

Foreign Users

If You are outside the United States, by using the Services, You are consenting to having any data You submit or generate including Your Personal Information transferred to the United States and anywhere that CIRCA serves data from.

European Union User’s GDPR Rights

If You are within the European Union, the following may apply:

You may be entitled to certain information and have certain rights under the General Data Protection Regulation. You may have the right to request access to Your data that CIRCA stores. You may be have the right to either correct or request deletion your personal data from Our Services. Be aware that nothing can be completely removed from the Internet. CIRCA will take reasonable steps, as required by law, to honor any request for deletion of your personal information from Our Services, but we cannot and do not guarantee that Your data will be entirely removed. CIRCA is not responsible for Third Parties’ policies, practices, or compliance regarding your data. If you provide Third Parties with personal data and wish to have it removed, you must contact those parties directly.

You may have the right to seek restrictions on CIRCA’s processing of your data. To the extent that you provided consent to CIRCA’s processing of your personal data, you have the right to withdraw that consent. For you, CIRCA requires only the information that is reasonably necessary to provide you with Our Services.

Email and SMS Information

If you choose to correspond with us through our Service or via email or SMS, we may retain the content of your email and SMS messages together with your email address, other included information, and our responses.

The security of Your information
CIRCA takes reasonable measures designed to protect the information that is collected from or about You from accidental or unlawful destruction, accidental loss or unauthorized access, use, modification, interference, or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, CIRCA cannot guarantee the absolute security of any information.

Your data may be transferred to different jurisdictions

CIRCA may choose to use multiple servers and computer to store information. CIRCA may transfer your information to servers outside of your state or country of residence. Due to technological limitations, CIRCA cannot guarantee absolute security at all times. By using the Service, you are consenting to the transfer of your data to out-of-state and out-of-country servers.

Your choices

CIRCA offers You some limited choices regarding the collection, use, and sharing of Your information and CIRCA will respect the choices You make. Please note that if You decide not to provide CIRCA with the information that is requested, You may not be able to access some or all of the features of the Services.

Rescinding Your Consent
You have the right to refuse further collection, use, and/or disclosure of Your information by notifying CIRCA of your rescission of consent. If You have consented to Your access to and use of the Services, but wish to rescind such consent, please contact CIRCA at the contact information below to submit the request.

team@circaedu.com

CIRCA will within a reasonable amount of time discontinue Your access to and use of the Services such that no additional information may be collected. Please note, however, that if You refuse further collection, use, and/or disclosure of Your information, You may not be able to access and use all or a portion of the Services.

Notice to California Users
Under Cal. Civ. Code § 1798.80, a User residing in the State of California has the right to request from CIRCA a list of all third parties to which CIRCA has disclosed personal information during the preceding year for direct marketing purposes (if any). For questions about this policy, please contact CIRCA at team@circaedu.com

Requests for Deletion of Your Data
In applicable jurisdictions, You may have the right to request that CIRCA delete data collected from you. CIRCA will comply with such requests in a reasonable time as required by law. However, CIRCA may still retain some or all of your data in order to: (a) comply with state and federal law, (b) to prevent or assist in the prosecution of criminal or illegal conduct, (c) fulfil its service to you and complete your transactions with CIRCA, (d) diagnose, debug, or otherwise repair problems related to our Services, and (e) whenever necessary to protect or ensure the privacy of your data.

YOUR DATA COLLECTION CHOICES

We strive to provide You with choices regarding the Personal Information You provide to us. The following are some ways You may have control over Your information:

  • Tracking Technologies. You can set Your browser to refuse all or some browser cookies, or to alert You when cookies are being sent. If You disable or refuse cookies, please note that some parts of the Services may then be inaccessible or not function properly.
  • Location. Mobile browsers may collect real-time information about the location of Your device for geo-fencing, mileage tracking or similar purposes. If You do not want us to collect this information, You may decline our request or disable location services in Your mobile device’s settings if requested. However, opting out of the collection of location information will cause location-based features to be disabled and the online and/or mobile browsing may not function properly.
  • Stored Information and Files. Our Services may also access metadata and other information associated with other files stored on Your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information. You may opt out of this data collection in Your mobile device’s settings, however, opting out will interfere with the Services’ functionality.
  • Promotional Offers from CIRCA. If You do not wish to have Your email address or other contact information used by CIRCA to promote our own or third parties’ products or services, You can opt-out. If we have sent You a promotional email, You may opt out using the unsubscribe or opt-out link in the email, if applicable, or by sending us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to CIRCA as a result of a product or service purchase, product service experience or other transactions.

How we respond to “Do Not Track” Signals

Your online browser settings may allow You to automatically transmit a “Do Not Track” signal to websites and online services You visit. Our Services do not respond to a “Do Not Track” signal from a visitor’s browser. If You would like to find out more about “Do Not Track,” please visit www.allaboutdnt.com.

Questions
If You have any questions about this Privacy Policy, please contact Us at: team@circaedu.com