Privacy Policy

Last Updated: April 2021

Dong, Inc. (dba Circolo) (together with our affiliates, “Circolo”, “we”, “our” or “us”) has adopted this Privacy Policy (the “Policy”) to describe how we collect, use and share your personal information in connection with our website (the “Site”), our mobile application (the “App”), the Circolo Mirror device and any other products, services or digital platforms that link to this Privacy Policy (together with the “Site” and “App”, the “Circolo Service”), and in the context of certain offline activities described in this Privacy Policy.
We have tried to organize this Policy is way that is easy to understand, and we describe the type of personal information we collect, how we collect it, and how such personal information is used.
  1. PERSONAL INFORMATION WE COLLECT
There are several different types of personal information that we collect:
  • Personal information you provide to us. Personal information you may provide to us when you use the Circolo Service or otherwise includes:
  • Contact data, such as your name, email address, mailing address and phone number.
  • Profile data that you provide when you register for or update your account on the Circolo Service, such as your username and password, home city or town, age, profile image, height, weight, injuries and/or limitations, and activity preferences.
  • Fitness and performance data, such as classes taken, fitness performance history, Circolo achievements, workout history and details and additional fitness information that you choose to link to or share with us through the Circolo Service.
  • Content you choose to share through the Service, such as text, images, audio, and video, along with the metadata associated with the files you share.
  • Financial data, such as your credit card number and/or other related information that may be required from you to complete your purchase.
  • Purchase data, such as order history and information about the transactions you have completed with us.
  • Other information that we may collect which is not specifically listed here, which we will use as described in this Policy or as otherwise disclosed at the time of collection.
  1. Automatic Collection. We, our service providers and our third party partners may automatically log information about you, your computer or mobile device, and your activity over time on the Circolo Service and other online services, including:
  • Online activity data, such as the date and time of your access, visit or use of the Circolo Service, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, searches you conduct on our Site and information about your activity on a page or screen.
  • Device data, such as unique device identifier, media access control address, network information, hardware model, browser type, screen resolution, IP address as well as usage and traffic data and information about how the device interacts with the Circolo Service.
  1. Cookies and Similar Technologies. The following cookies and similar technologies may be used to facilitate automatic data collection:
  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of tracking user activity and patterns, helping you navigate between pages efficiently, remembering your preferences and generally improving your browsing experience.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns. We may use web beacons to track your use of Site or to collect information about your interactions with our email messages, such as the links you click on and whether you open or forward a message, the date and time of these interactions and the device you use to read emails. Web beacons may be placed on the Site or Circolo Service by third parties such as a social media platform, or an analytics provider in order to support functionality described in this Policy. We also use web beacons to allow ad networks to provide anonymized and aggregated auditing, research and reporting for us and for advertisers.
  1. Third Party Platforms. When you choose to connect with a social media service or other third party platform when using the Circolo Service (e.g., Facebook, Spotify or Apple Health), we may collect information about you from that platform, including any information that you choose to import into the Circolo Service. You may also be able to access posting and sharing tools on the Circolo Service that allow you to post information to a social media or third party platform. By using these tools, you acknowledge that some account information may be transmitted from the applicable platform account to us; our treatment of that information is covered by this Policy. Additionally, when you use one of these tools, the social media or third party platform may be collecting information about your online activity through its own tracking technologies, subject to its own privacy policy. We encourage you to read the privacy and other policies of any third party platform you use in connection with the Circolo Service.
2. HOW WE USE YOUR PERSONAL INFORMATION
We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection.
  1. Provision of the Services. We may use your personal information to:
  • provide, deliver, and customize your use of the Circolo Service (i.e., to provide feedback on your workouts);
  • provide you with the Circolo Service and any products that you purchase from us;
  • to enhance or supplement the Circolo Service;
  • to facilitate social features of the Circolo Service (i.e., to enable users to add other users as friends, participate in face-offs, or share content with other users)
  • to communicate with you about the Circolo Service, including regarding the status of any orders of the Circolo Service and to respond to your inquiries, including for customer support;
  • understand your needs and interests, and personalize your experience with the Circolo Service and our communications; and
  • provide support and maintenance for the Circolo Service.
  1. Research and development. We may use your personal information for research and development purposes, including to analyze and improve the Circolo Service and our business. As part of these activities, we may create aggregated, de-identified or other anonymous data from personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Circolo Service and promote our business.
  2. Marketing and advertising. We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:
  • Direct marketing. We may send you Circolo-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the Opt-out of marketing communications section below.
  • Interest-based advertising. We may contract with third-party advertising companies and social media companies to display ads on the Circolo Service and other sites. These companies may use cookies and similar technologies to try to tailor the ads you see online to your interests based on your activity over time across the Circolo Service and other sites, or your interaction with our emails. These ads are known as "interest-based advertisements." You can learn more about your choices for limiting interest-based advertising, in the Advertising choices section below.
  1. Compliance and protection. We may use your personal information to:
  • comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
  • protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
  • enforce the terms and conditions that govern the Circolo Service; and
  • prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.
  • For other purposes. We may also use your personal information for other purposes described in this Policy or at the time we collect the information.
  1. SHARING YOUR PERSONAL INFORMATION. We may share your personal information with the following parties and as otherwise described in this Policy or at the time of collection:
  • Circolo personal trainers. Our network of personal trainers, when you choose to participate in one-in-one personal training sessions or other interactive programs and services through the Circolo Service. For example, we will share your workout history, pre-session survey responses and other information you provide with your trainer before the session begins.
  • Payment partners. Third party companies that may offer financing options when you purchase Circolo products and services.
  • Other Circolo users and the public. When you provide content to your public user profile, choose to share with other users (including by activating the camera on your Circolo Mirror), or voluntarily disclose in any other manner that other users or the public can view, other Circolo users or the public may be able to access or view this information. In addition, your username will be displayed to other users through the Circolo Service, and other users can contact you through the Circolo Service. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
  • Service providers. Other companies and individuals that provide services or perform tasks on our behalf to help us operate the Circolo Service or our business, such as, for example, customer support, hosting, analytics, mobile application metrics, email delivery, marketing and database management services, music integration services, our extended warranty service providers and payment processor. These third parties may use your personal information only as authorized under our contracts with them.
  • Affiliates. Our affiliates, for purposes consistent with this Policy.
  • Advertising Partners. Third party advertising companies and social media companies that may assist us and other parties with customer research, management of customer and prospective customer databases, promotional mailings or other targeted promotions. These partners may collect information about your activity on the Site and other online services to help us advertise our and other services, and/or use hashed customer lists that we share with them to deliver ads on their platforms to our customers and similar users on their platforms.
  • Third party platforms. Social media platforms or other third party platforms that you connect to the Circolo Service and where you authorize us to share your information with them (such as when you use options to access the Circolo Service by logging into the third party platform).
  • Professional advisors. Professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
  • Law enforcement and others. Law enforcement, government authorities and privacy parties, when we believe in good faith it is necessary or appropriate for the compliance and operations purposes described above.
  • Business transferees. Relevant participants in business transactions (or potential transactions), such as corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Circolo or our affiliates (including, in connection with a bankruptcy or similar proceedings). In any of these cases user information, including personal information, could be one of the assets transferred to or acquired or accessed by a third party.
  • For other purposes. We may also share your personal information for other purposes described in this Policy or with your consent.
  1. YOUR OPTIONS
    1. Opt-out of marketing communications. If you have provided us with your email address and you would like to stop receiving marketing emails about Circolo from us, click on the unsubscribe link at the bottom of any of our email communications. It may take up to 72 hours to process your unsubscribe request. Please note that even if you opt out of receiving marketing communications from us, we may contact you for non-marketing reasons related to the Circolo Service or your subscription, such as for password recovery purposes or service calls that you have requested.
    2. Account information. If you have purchased a subscription or otherwise signed up for an account, then you may access your Circolo account at any time once logged on, and you may modify, update and change your account settings through your account on the Circolo Service. When you update information, we may maintain a copy of the unrevised information in our records. You can also delete your account by emailing us at support@Circolofit.ai. Please note that we will need to verify that you have the authority to delete the account. Also, some information may remain in our records after your deletion of such information from your account, and public activity on your account prior to deletion may remain publicly accessible.
    3. Cookies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Circolo Service may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
    4. Advertising choices. Like many companies online, we may use services provided by Google, Facebook and others that help deliver interest-based ads to you. Your choices for limiting collection and/or use of your personal information by these companies include:
  • Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit your use of the advertising ID associated with your mobile device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block cookies used for interest-based ads by using a browser with privacy features, and configuring them to block third party cookies and other trackers.
  • Advertising industry opt-out tools. Some of our business partners that collect information about users’ activities on or through the Site or App may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. You can use the following opt-out options to limit use of your information for interest-based advertising by participating companies:
Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above. Note also that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt-out on every browser and device that you use.
  1. Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
  2. Choosing not to share your personal information. If you do not provide information that we need to provide the Circolo Service, we may not be able to provide you with the Circolo Service or certain features. We will tell you what information you must provide to receive the Circolo Service when we request it.
  3. Third party platforms. If you choose to connect to the Circolo through your social media account or another third party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third party platform, that choice will not apply to information that we have already received from that third party.
  4. THIRD-PARTY SITES AND SERVICES
The Circolo Service may contain links to websites and other online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or other online services that are not associated with us. We do not control websites or other online services operated by third parties, and we are not responsible for their actions. Other websites and online services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.
6. DISCLAIMER REGARDING ONLINE SECURITY
We employ a number of technical, organizational, and physical safeguards designed to protect the personal information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the security of your personal information.
7. CHILDREN
The Circolo Service is not intended for use by children under 13 years of age. If we learn that we have collected personal information from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.
8. INTERNATIONAL DATA TRANSFER
We are headquartered in the United States and may use service providers in other countries. Your personal information may be transferred to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country.
9. CHANGES TO THIS POLICY
We may update this Policy at any time. When we make material changes to this Privacy Policy, we will notify you by updating the effective date of this Policy and posting the modified Policy. We may also provide notification of changes via email if we have your email address, through the Circolo Service or in another manner that we believe is reasonably likely to reach you. Any modifications to this Privacy Policy will be effective when posted (or as otherwise indicated at the time of posting). In all cases, your continued use of the Circolo Service after the posting of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.
10. HOW TO CONTACT US
If you have any questions about this Policy or our information handling practices, please contact us by email at support@circolo.us or postal mail at the below address:
PO Box 117387
Burlingame, CA 94011
11. IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
This section applies only to California residents and is immediately effective at the time this Policy is posted. It describes how we collect, use and share Personal Information of California residents in operating our business, and their rights with respect to that Personal Information. For purposes of this section, “Personal Information” has the meaning given in the California Consumer Privacy Act of 2018 (“CCPA”) but does not include information exempted from the scope of the CCPA.
Your California privacy rights. As a California resident, you have the rights listed below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
  • Information. You can request the following information about how we have collected and used your Personal Information during the past 12 months
  • The categories of Personal Information that we have collected.
  • The categories of sources from which we collected Personal Information.
  • The business or commercial purpose for collecting and/or selling Personal Information
  • The categories of third parties with whom we share Personal Information
  • Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient.
  • Whether we’ve sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.
  • Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.
  • Deletion. You can ask us to delete the Personal Information that we have collected from you.
  • Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of legally prohibited increases in the price or decreases in the quality of the Circolo Service.
How to exercise your rights. You may exercise your California privacy rights described above as follows:
  • Right to information, access and deletion. You can request to exercise your information, access and deletion rights by emailing us at support@Circolofit.ai or by calling (415)579-0299. We reserve the right to confirm your California residence and will need to confirm your identity to process your requests. As part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.
  • Request a list of third party marketers. California’s “Shine the Light” law (California Civil Code § 1798.83) allows California residents to ask companies with whom they have formed a business relationship primarily for personal, family or household purposes to provide certain information about the companies’ sharing of certain personal information with third parties for their direct marketing purposes during the preceding year. You can submit such a request by sending an email to support@Circolofit.ai with “Shine the Light” in the subject line. The request must include your current name, street address, city, state, and zip code and attest to the fact that you are a California resident.
  • We do not sell your personal information. Based on our understanding of the term “sell” under the CCPA, we do not “sell” your Personal Information and have not sold it to third parties for a business or commercial purpose in the 12 months preceding the effective date of this Privacy Policy. However, like many companies online, we use services provided by Google, Facebook and others that help deliver interest-based ads to you as described in the section above entitled Interest-Based Advertising. You can review your options for opting-out of such services above.
Personal information that we collect, use and share. We are required to explain the categories of Personal Information we collect by reference to the categories specified by the CCPA, as defined here , which are described in the list below. For each category, we list the type of data we collect and the source of that data as described in the section above entitled Personal Information We Collect. We have not sold your personal information in the preceding 12 months.
  • Identifiers
  • What we collect: Contact data, profile data
  • Sources: You, third party platforms
  • Commercial information
  • What we collect: Profile data, fitness and performance data, purchase data, online activity data
  • Sources: You, automatic collection, third party platforms
  • Financial Information
  • What we collect: Financial data
  • Sources: You
  • Online identifiers
  • What we collect: Contact data, profile data, online activity data, device data
  • Sources: You, automatic collection, third party platforms
  • Internet or network information
  • What we collect: Device data, online activity data
  • Sources: Automatic collection
  • Inferences drawn from any of the above information to create a profile reflecting your preferences, characteristics, and behavior.
  • May be derived from your: Profile data, fitness and performance data, purchase data, online activity data.
  • Medical Information
  • What we collect: Profile data, fitness and performance data
  • Sources: You, third party platforms
  • Physical Description
  • What we collect: Profile data, fitness and performance data
  • Sources: You, third party platforms
  • Protected Classification Characteristics, which we do not intentionally collect, but it may be revealed in other data we collect.
  • Biometric Information
  • What we collect: Profile data, fitness and performance data
  • Sources: You, third party platforms
  • Sensory information
  • What we collect: Profile data, fitness and performance data, Content you choose to share through the Service
  • Sources: You
The business/commercial purposes for which we use each category of Personal Information above are described in the section above entitled How We Use Your Personal Information. The categories of third parties to which we disclose each category of Personal Information above of Personal Information for business purposes are described in the section above entitled With Whom We Share Your Personal Information.
The above summary of how we collect, use, share Personal Information describes our practices for the 12 months preceding the effective date at the top of this Privacy Policy. Information that you choose to provide to us may include other categories of information