Inner Cirkul Terms and Conditions
(Notice of Financial Incentive)

These Inner Cirkul Terms and Conditions (the “Inner Cirkul Terms”) apply to the Inner Cirkul rewards program (the “Inner Cirkul Rewards Program”), which you are automatically enrolled in when making certain purchases through this website (the “Cirkul Website”) or through other participation, engagement, milestones or opportunities that may be made available to you by us from time to time through other services, features, content or applications offered by Cirkul, Inc. (“Cirkul”, “we” and “us”) (collectively with the Cirkul Website, the “Services”). By making an eligible purchase or interacting with the Services, you agree to participate in our Inner Cirkul Reward Program. Capitalized terms used but not defined herein have the meanings set forth in our Privacy Policy. Cirkul reserves the right, at its sole discretion, to modify or replace any of these Inner Cirkul Terms, or change, suspend, or discontinue the Inner Cirkul Rewards Program at any time. Cirkul may also impose limits on certain aspects of the Inner Cirkul Rewards Program without notice or liability.

1. What are Inner Cirkul Rewards?

The Inner Cirkul Rewards Program is a rewards program designed to reward Cirkul customers with reward points (“Reward Points”) based on purchases of certain Cirkul products on the Cirkul Website or through other participation, engagement, milestones or opportunities that may be made available to you by Cirkul from time to time through the Services. We are able to offer discounted rates on our products and provide you with rewards benefits through the Inner Cirkul Rewards Program by partnering with various Advertising Partners and Business Partners (as described in our Privacy Policy) who support these benefits in return for the sharing of certain information, which may include your Personal Data. Because our the Inner Cirkul Rewards Program involve the collection and disclosure of Personal Data and offering of certain benefits, they might be interpreted as a “financial incentive” program under California law or a “bona fide loyalty program” under Colorado law.

We may disclose, share, sell, or process for the purposes of targeted advertising the following categories of Personal Data with our Advertising Partners and Business Partners in relation to the Inner Cirkul Rewards Program:

• Account Data
• Commercial Data
• Web Analytics
• Inferences Drawn From Other Personal Data Collected
• Other Identifying Information that You Voluntarily Choose to Provide

Some of the information we share may be aggregated and de-identified, which will not identify you.

Based on our good-faith estimate, the value of your Personal Data to us is related to the value of the financial benefits provided to you (via our Inner Cirkul Rewards Program), less the expense related to our offering of those financial benefits.

2. How do I earn Reward Points?

You can earn and accrue Reward Points in accordance with the following:

• Earn 2 Reward Points for each U.S. Dollar spent on certain Cirkul products on the Cirkul Website
• Earn 2 Reward Points for each U.S Dollar spent at participating retailers when uploading receipts for purchases made on or after 6/1/2024 to https://drinkcirkul.com/in-store-rewards (limit one redemption per store per day)
• Earn Reward Points for having a subscription plan to certain Cirkul products
• Earn 5 Reward Points for each month you participate in an 8-sip auto-ship plan
• Earn 10 Reward Points for each month you participate in an 16-sip auto-ship plan
• Earn 15 Reward Points for each month you participate in an 24-sip auto-ship plan
• Earn 25 Reward Points for each month you participate in an 32-sip auto-ship plan
• Earn 30 Reward Points for each month you participate in an 36+-sip auto-ship plan
• Earn 5 Reward Points for Shipping Now

In addition, you can earn and accrue Reward Points for being a loyal Cirkul customer in accordance with the following:

• 25 Reward Points for participating in an auto-ship plan for 3 consecutive months
• 50 Reward Points for participating in an auto-ship plan for 6 consecutive months
• 75 Reward Points for participating in an auto-ship plan for 9 consecutive months
• 100 Reward Points for participating in an auto-ship plan for 12 consecutive months

Finally, you can earn Reward Points in connection with providing responses to Inner Cirkul surveys or profile submissions:

• Earn 5 Reward Points per flavor rating you submit to Cirkul
• Earn Reward Points for completing your profile (5 Reward Points per answer you submit)

Occasionally, Cirkul may notify you of other opportunities through which you may be able to earn Reward Points as well. For information on how we treat any personal information we collect in connection with the Inner Cirkul Rewards Program, please read our Privacy Policy.

3. What can I do with my Reward Points?

Reward Points may be viewed and redeemed by logging into your Cirkul account on the Cirkul Website (your “Rewards Account”) and selecting the “Inner Cirkul”. Reward Points may be exchanged for certain Cirkul products in accordance with the offers in effect at the time of redemption as set forth in your Rewards Account.

All redemptions are subject to availability and other requirements contained in these Inner Cirkul Terms. Limit one redemption per store per day at participating stores only. Cirkul reserves the right to modify or suspend this program at any time. Please note that the types of Cirkul products redeemable for accumulated Reward Points, and the number of Reward Points necessary to redeem such Cirkul products, may be changed by us at any time for any reason or no reason.

4. How do I Opt-Out of the Inner Cirkul Rewards Program?

You can opt out of our Inner Cirkul Rewards Program by emailing us at privacy@drinkcirkul.com or submitting an opt-out request using our "Cirkul Data Request Form" available here. If you choose to opt out of our Inner Cirkul Rewards Program, you may not have access to some of the Services and functionalities, you will no longer accrue Rewards Points and your existing Rewards Points will expire.

Because the Inner Cirkul Program relies on certain processing of your Personal Data, your exercise of certain rights afforded to you under the Privacy Policy or applicable law (such as the right to delete your Personal Data, the right to opt-out from the sale of your Personal Data, or the right to opt-out from the sharing of your Personal Data for purposes of targeted advertising), may disqualify you from certain parts of the Inner Cirkul Rewards Program.

5. Do my Reward Points expire?

Yes, all Reward Points in your Rewards Account are subject to expiration if your Rewards Account is inactive for any period of six (6) consecutive months. Inactivity is measured through orders you place on the Cirkul website while logged into your Rewards Account. To ensure the Reward Points in your Rewards Account do not expire, please place at least one (1) order on the Cirkul website while logged into your Rewards Account during each rolling six-month period. Please note that each Reward Account is treated separately for purposes of determining account inactivity. Orders placed other than through your Reward Account will not be considered in determining the inactivity of a Reward Account and expiration of all corresponding Reward Points.

There are no credits, exchanges or refunds on unused Reward Points. All unredeemed Reward Points in your Rewards Account will, on the day of Rewards Account closure, be forfeited if your Rewards Account is closed for any reason.

6. Additional Terms

Reward Points cannot be combined from multiple accounts and are not transferable. If you return a purchase or cancel an order from Cirkul, then Cirkul has the right to subtract any Reward Points you acquired in connection with such returned or cancelled order. Reward Points have neither cash value, surrender value, transfer value nor any other value of any kind until and to the extent they are actually redeemed. All redemptions are final. The sale or barter of any points, other than as expressly provided for herein, is expressly prohibited.

BY REDEEMING REWARD POINTS, YOU RELEASE CIRKUL, ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND CAUSED BY ANY REWARD OR RESULTING FROM ACCEPTANCE, POSSESSION OR USE OF ANY REWARD.

The Inner Cirkul Rewards Program is void where prohibited. All federal, state and local laws apply and you must comply with all applicable laws, rules and regulations. You may only participate in the Inner Cirkul Rewards Program if and to the extent that such participation is permitted by such laws, rules and regulations. Cirkul may refuse to allow your participation, and may restrict, modify or terminate your participation, without liability to any party, if you violate any law, rule or regulation, or if your participation in the Inner Cirkul Rewards Program could violate any law, rule or regulation.

Cirkul reserves the right to add, modify or delete any of the terms, conditions, rules, rewards or reward levels pertaining to the Inner Cirkul Rewards Program at any time, as well as to limit or cancel your enrollment in the Inner Cirkul Rewards Program at any time. Cirkul reserves the right to modify or discontinue the Inner Cirkul Rewards Program with or without notice. Cirkul shall not be liable to any party should Cirkul exercise any of these rights. Any (i) interpretation, question or disputes regarding the Inner Cirkul Rewards Program; (ii) disqualification, forfeiture of Reward Points or termination of participation in the Inner Cirkul Rewards Program resulting or arising from an alleged or actual violation of these Inner Cirkul Terms; or (iii) any decision required relating to qualification for or redemption of any reward available under this Inner Cirkul Rewards Program will be resolved by Cirkul, in its sole discretion, and such decision will be final and binding. Cirkul is not liable for errors or omissions by its employees in interpreting or carrying out these Inner Cirkul Terms. You agree that these Inner Cirkul Terms are the complete and exclusive statement of the mutual understanding between you and Cirkul, and that these Inner Cirkul Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Inner Cirkul Terms. You agree not to abuse the Inner Cirkul Rewards Program by conduct which is detrimental to the interests of Cirkul, including without limitation attempting to accrue dollar value purchases in a manner inconsistent with these Inner Cirkul Terms, attempting to increase dollar value of purchases through other than legitimate channels, fraud, misrepresentation or tampering with the Cirkul Website.

Any and all tax liabilities arising from receipt of a reward from the Inner Cirkul Rewards Program are your sole responsibility if you receive such reward. You will be solely responsible for payment of any and all applicable federal, state and local taxes assessed in connection with any payments made pursuant to the Inner Cirkul Rewards Program.