Cirkul Customer Privacy Policy

Effective date: February 17, 2025

This Privacy Policy fully replaces prior privacy policies. Changes include:

• Updates to address recent changes in the U.S. State Privacy Laws
• Updates to our personal data types and disclosure practices
• Changes to advertising, marketing, and tracking technology practices to reflect market changes and options available to opt out.

At Cirkul, we take your privacy seriously. Please read this Privacy Policy to learn how we treat your personal data. By using or accessing our Services in any manner, you acknowledge that you accept the practices and policies outlined below, and you hereby consent that we will collect, use and share yourinformation as described in this Privacy Policy.

Remember that your use of Cirkul's Services is at all times subject to our Terms of Service , which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use

You may print a copy of this Privacy Policy by clicking here. If you have a disability, you may access this Privacy Policy in an alternative format by contacting [email protected].

Privacy Policy Table of Contents

• What this Privacy Policy Covers
• Personal Data
• Categories of Personal Data We Collect
• Categories of Sources of Personal Data
• Our Commercial or Business Purposes for Collecting or Disclosing Personal Data
• Other Permitted Purposes for Processing Personal Data
• How We Disclose Your Personal Data
• Tracking Tools, Advertising and Opt-Out
• Data Security and Retention
• Personal Data of Children
• U.S. State Consumer Privacy Rights
• Exercising Your Rights Under the State Privacy Laws
• Our Financial Incentive Program and Bona Fide Loyalty Program
• Changes to this Privacy Policy
• Contact Information

What this Privacy Policy Covers

This Privacy Policy covers how we treat Personal Data that we gather when you access or use Services covered by our Terms of Service. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don't own or control or people we don't manage.

Personal Data

Categories of Personal Data We Collect

This chart details the categories of Personal Data that we collect and have collected over the past 12 months for the detailed purposes, each described further in the “Our Commercial or Business Purposes for Collecting” or “Disclosing Personal Data” sections below:

Categories of Sources of Personal Data

We collect Personal Data about you from the following categories of sources:

• You
  • When you provide such information directly to us.
    • When you create an account or use our interactive tools and Services.
    • When you voluntarily provide information in free-form text boxes through the Services or through responses to surveys or questionnaires.
    • When you purchase something from our online store, as part of the buying and selling process.
    • When you voluntarily enroll in our subscription or rewards program or respond to a survey.
    • When you send us an email or otherwise contact us.
  • When you use the Services and such information is collected automatically.
    • Through Cookies (defined in the “Tracking Tools, Advertising and Opt-Out” section below).
    • If you browse our online store or use a location-enabled browser, we may receive information about your browser, operating system, location and mobile device, as applicable.
    • When you voluntarily elect to interact with various types of technologies and applications or use online coupons or mobile scan & go.
• Third Parties
  • Vendors
    • We may use analytics providers to analyze how you interact and engage with the Services, or third parties may help us provide you with customer support.
    • We may use vendors to obtain information to generate leads and create user profiles.
  • Advertising Partners
    • We receive information about you from some of our vendors who assist us with marketing or promotional services related to how you interact with our websites, applications, products, Services, advertisements or communications.
  • Social Networks
    • If you provide your social network account credentials to us or otherwise sign in to the Services through a third-party site or service, some content and/or information in those accounts may be transmitted into your account with us.

Our Commercial or Business Purposes for Collecting or Disclosing Personal Data

• Providing, Customizing and Improving the Services
  • Creating and managing your account or other user profiles.
  • Processing orders or other transactions; billing.
  • Providing you with the products, services or information you request.
  • Meeting or fulfilling the reason you provided the information to us.
  • Providing support and assistance for the Services.
  • Allowing you to access and manage current and past orders through the Services.
  • Improving the Services, including testing, research, internal analytics and product development.
  • Personalizing the Services, website content and communications based on your preferences.

  • Doing fraud protection, security and debugging.

    Carrying out other business purposes stated when collecting your Personal Data or as otherwise set forth in applicable data privacy laws, such as the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (together, the “CCPA”), Colorado Privacy Act (the “CPA”), the Connecticut Data Privacy Act (the “CTDPA”), Delaware Personal Data Privacy Act (“DPDPA”), Iowa Consumer Data Protection Act (“ICDPA”), Montana Consumer Data Privacy Act (“MCDPA”), Nebraska Data Privacy Act (“NDPA”), Oregon Consumer Privacy Act (“OCPA”), the Texas Data Privacy and Security Act (“TDPSA”), New Hampshire Privacy Act (“NHPA”), New Jersey Privacy Act (“NJPA”), Utah Consumer Privacy Act (the “UCPA”), or the Virginia Consumer Data Protection Act (the “VCDPA”) (collectively, the “U.S. State Privacy Laws”)

• Marketing the Services
  • Marketing and selling the Services as well as our online store, new products and other updates (including checkout reminders).
  • Showing you advertisements, including interest-based or online behavioral or targeted advertising.
• Corresponding with You
  • Responding to correspondence that we receive from you, contacting you when necessary or requested, and sending you information about Cirkul or the Services.
  • Sending emails and other communications according to your preferences or that display content that we think will interest you.

Other Permitted Purposes for Processing Personal Data

In addition, each of the above referenced categories of Personal Data may be collected, used, and disclosed with the government, including law enforcement, or other parties to meet certain legal requirements and enforcing legal terms including: fulfilling our legal obligations under applicable law, regulation, court order or other legal process, such as preventing, detecting and investigating security incidents and potentially illegal or prohibited activities; protecting the rights, property or safety of you, Cirkul, or another party; enforcing any agreements with you; responding to claims that any posting or other content violates third-party rights; and resolving disputes.

We will not collect additional categories of Personal Data or use the Personal Data we collected for materially different, unrelated or incompatible purposes without providing you notice.

How We Disclose Your Personal Data

We disclose your Personal Data to the categories of service providers and other parties listed in this section. Depending on state laws that may be applicable to you, some of these disclosures may constitute a “sale” of your Personal Data. For more information, please refer to the state-specific sections below.

• Service Providers. These parties help us provide the Services or perform business functions on our behalf. They include:
  • Hosting, technology and communication providers, including but not limited to text messaging service providers.
  • Security and fraud prevention consultants.
  • Analytics providers.
  • Support and customer service vendors.
  • Product fulfillment and delivery providers.
  • Payment processors.
    • Our payment processing partners Shopify, Recharge and Braintree collect your voluntarily-provided payment card information necessary to process your payment.
    • Please see Shopify's terms of service and privacy policy for information on its use and storage of your Personal Data.
    • Please see Recharge's terms of service and privacy policy for information on its use and storage of your Personal Data.
    • Please see Braintree's payment services agreement and privacy policy for information on its use and storage of your Personal Data.
• Advertising Partners. These parties help us market our services and provide you with other offers that may be of interest to you. They include:
  • Ad networks.
  • Marketing providers.
  • Data cooperatives.
  • Analytics providers that assist with Targeted Advertising
• Business Partners. These parties partner with us in offering various services. They include:
  • Businesses that you have a relationship with.
  • Companies that we partner with to offer joint promotional offers or opportunities.
• Parties You Authorize, Access or Authenticate
  • Third parties you access through the services.
  • Social media services.
  • Other parties authorized by you.

Legal Obligations

We may disclose any Personal Data that we collect to third parties in conjunction with any of the activities set forth under “Other Permitted Purposes for Processing Personal Data” paragraph above.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is Not Personal Data

We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. We may use such aggregated, de-identified or anonymized data and disclose it to third parties for our lawful business purposes, including to analyze, build and improve the Services and promote our business, provided that we will not disclose such data in a manner that could identify you.

Tracking Tools, Advertising and Opt-Out

The Services use cookies and similar technologies such as pixel tags, including the Meta Pixel, web beacons, clear GIFs, iFrames, and JavaScript (collectively, “Cookies”) as well as session replay, chat bot and similar technology to enable our servers to recognize your web browser, tell us how and when you visit and use our Services, analyze trends, understand usage patterns, provide customer support, learn about our user base and operate and improve our Services. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Services do not support “Do Not Track” requests sent from a browser at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.

We use the following types of Cookies:

• Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and services unavailable.
• Personalization Cookies. Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
• Analytical Cookies. Performance/Analytics Cookies allow us to understand how visitors use our Services. They do this by collecting information about the number of visitors to the Services, what pages visitors view on our Services and how long visitors are viewing pages on the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services' content for those who engage with our advertising. For example, Google Inc. (“Google”) uses cookies in connection with its Google Analytics services. Google's ability to use and disclose information collected by Google Analytics about your visits to the Services is subject to the Google Analytics Terms of Use and the Google Privacy Policy. You have the option to opt-out of Google's use of Cookies by visiting the Google advertising opt-out page at www.google.com/privacy_ads.html or the Google Analytics Opt-out Browser Add-on at https://tools.google.com/dlpage/gaoptout/.
• Targeted Advertising Cookies. Targeting Advertising Cookies collect data about your online activity and identify your interests so that we can provide advertising that we believe is relevant to you. For more information about this, please see the section below titled “Cookies and Targeted Advertising.”

You can decide whether or not to accept Cookies through your internet browser's settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your device. If you do this, however, you may have to manually adjust some preferences every time you visit our website and some of the Services and functionalities may not work.

To explore what Cookie settings are available to you or to modify your preferences with respect to Cookies, you can access your Cookie management settings through the “Cookie Preferences” link at the bottom of our website. To find out more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.

Session Replay Technology

We may use session replay technology in order to identify and resolve customer issues, to monitor and analyze how you use our Services, to better understand user behavior, and to improve our Services. By continuing to use the Services, you consent to the use of session replay technology. If you would like to change your settings with respect to session replay technology, you can access your Cookie management settings through the “Cookie Preferences” link at the bottom of our website.

Cookies and Targeted Advertising

We may serve advertisements, and also allow third-party ad networks, including third-party ad servers, ad agencies, ad technology vendors and research firms, to serve advertisements through the Services. These advertisements may be targeted to users who fit certain general profile categories or display certain preferences or behaviors (“Targeted Advertising”). Information for Targeted Advertising (including Personal Data) may be provided to us by you, or derived from the usage patterns of particular users on the Services and/or services of third parties. Such information may be gathered through tracking users' activities across time and unaffiliated properties, including when you leave the Services. To accomplish this, we or our service providers may deliver Cookies, including a file (known as a “web beacon”) from an ad network to you through the Services. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Web beacons allow ad networks to view, edit or set their own Cookies on your browser, just as if you had requested a web page from their site.

Data Security and Retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Data about you for as long as necessary to provide you with our Services or to perform our business or commercial purposes for collecting your Personal Data. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Data, and the sensitivity of the Personal Data. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally.

For example:

• We retain your profile information and credentials for as long as you have an account with us.

• We retain your device/IP data for as long as we need it to ensure that our systems are working appropriately, effectively and efficiently.

Personal Data of Children

As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 18 years of age; if you are a child under the age of 18, please do not attempt to register for or otherwise use the Services or send us any Personal Data. If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at [email protected].

U.S. State Consumer Privacy Rights

If you reside in certain U.S. states such as California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia, you may have certain rights afforded to you under the applicable US Privacy Law. Except as otherwise specified below, please see the “Exercising Your Rights Under U.S. State Privacy Laws” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers' end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data. Please note that your rights may be subject to certain conditions or exceptions in accordance applicable U.S. State Privacy Laws.

If you have any questions about this section or whether any of the following rights apply to you, please contact us at [email protected].

• Access/Summarize: You may have the right to request confirmation of or access to certain Personal Data. If you are an Oregon resident, you also have the right to request a list of certain third parties to which we has disclosed your or consumer Personal Data.
• Deletion: You may have the right to request that we delete the Personal Data that we have collected about you.
• Correction: You may have the right to request that we correct any inaccurate Personal Data we have collected about you.
• Portability/Transfer: Depending on the applicable U.S. State Privacy Law you may have the right to request a copy of your Personal Data in a machine-readable format, to the extent technically feasible.

“Selling,” “Sharing,” or “Targeted Advertising”

Depending on your state of residence, you may have the right to opt out from the ”sale,” “share,” or disclosure of your Personal Data for the purposes of targeted advertising. These or similar terms may be defined differently depending on the applicable U.S. State Privacy Law.

As described in the “Tracking Tools, Advertising and Opt-Out” section above, Certain Cookies placed by third parties into our Services may allow those third parties to collect your Personal Data for targeted advertising purposes. Under certain U.S. State Privacy Laws, this may also constitute a “sale” and/or “share” of your Personal Data. For clarity, when we use the term “sell,” we mean for valuable consideration and not for any monetary value.

We may share your Personal Data with the following categories of third parties for the purposes of for the purposes of marketing and selling the Services and Targeted Advertising:

• Advertising Partners

Over the past 12 months, we may have sold or shared the following categories of your Personal Data to and with the categories of third parties listed above:

• Commercial Data
• IP/Device Data
• Web Analytics
• Social Network Data
• Consumer Demographic Data

To our knowledge, we do not sell or share the Personal Data of minors under 18 years of age.

Sensitive Personal Data

We do not collect Personal Data deemed “sensitive” under U.S. State Privacy Laws.

Anti-Discrimination

We will not discriminate against you for exercising your rights under applicable privacy laws. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under applicable privacy laws. However, we may offer different tiers of our Services as allowed by applicable data privacy laws with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Other State-Specific Privacy Rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties' direct marketing purposes; in order to submit such a request, please contact us at [email protected].

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Exercising Your Rights under U.S. State Privacy Laws

To exercise the rights described in this Privacy Policy, you or your Authorized Agent (if applicable and as defined below), must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (such as your Contact or Profile Data), and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within the time period required by applicable privacy laws. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

Request to Opt-Out of Sale, Share, and/or Targeted Advertising

As applicable, you may opt-out from any “selling,” “sharing,” or targeted advertising through Cookies, by using the following methods:

• Using the “cookie preferences” link at the footer of www.drinkcirkul.com.
• Selecting “Do Not Sell or Share to a Third Party” and “Opt Out of Targeted Advertising” from the “Request Type” dropdown and completing all other fields of the “Cirkul Data Request Form” available here.
• Implementing the Global Privacy Control or similar universal privacy control that is legally recognized by a government agency or industry standard and that complies with applicable U.S. Privacy Laws. The signal issued by the control must be initiated by your browser and applies to the specific device and browser you use at the time you cast the signal. Please note this does not include Do Not Track signals.

Request to Access/Summarize, Delete, or Correct, or Portability/Transfer

As applicable, you may submit a Valid Request for any other rights afforded to you in this Privacy Policy by

• Completing the "Cirkul Data Request Form" available here or
• Emailing us at [email protected]

If you are a California, Colorado, Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey Oregon, or Texas resident, you may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Appealing a Denial

If you are a Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, or Virginia resident and we refuse to take action on your request within a reasonable period of time after receiving your request in accordance with this section, you may appeal our decision. In such appeal, you must (1) provide sufficient information to allow us to verify that you are the person about whom the original request pertains and to identify the original request, and (2) provide a description of the basis of your appeal. Please note that your appeal will be subject to your rights and obligations afforded to you under the State Privacy Laws (as applicable). We will respond to your appeal within the time period required under the applicable law. You can submit a Verified Request to appeal by emailing us at: [email protected] (title must include “[STATE OF RESIDENCE] Appeal”).

If we deny your appeal, you have the right to contact the Attorney General of your State, including by the following links: Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, and Virginia.

Our Financial Incentive Program and Bona Fide Loyalty Program

From time to time, we may offer financial incentives, including granting you points in our Inner Cirkul rewards program, for the collection of your Personal Data, the sale of your Personal Data, the sharing of your Personal Data, or the deletion of your Personal Data. These financial incentives include you providing us with certain Personal Data (such as answers to Inner Cirkul survey questions) in exchange for points which can be used towards Cirkul products and other promotional opportunities. For the terms and conditions applicable to the Inner Cirkul rewards program, please see our Inner Cirkul Terms and Conditions. You can opt out of our Inner Cirkul Rewards Program by emailing us at [email protected] 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.

Changes to this Privacy Policy

We're constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any material changes by placing a notice on the drinkcirkul.com website, by sending you an email and/or by some other means. Please note that if you've opted not to receive legal notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

Contact Information:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

• [email protected]
• [email protected]
• 3620 Queen Palm Dr. Tampa, FL 33619