Capture the memories in a shared photo album.

Privacy Policy

About this Privacy Policy

This policy applies to the collection, use and transmission of data about visitors to and users of PhotoCircle.

This policy is effective as of, and was last updated on, November 29, 2015.

Our Commitment to Your Privacy

Thank you for visiting the Circle 38 Inc. website located at (the “Website”). This Privacy Policy describes:

  • how and why we collect certain information from you via the Website and PhotoCircle;
  • how we use and with whom we share such information;
  • how you can access and update such information; and
  • the choices you can make about how we collect, use and share your information.

If you have any questions regarding this Privacy Policy or our information collection and use practices, please contact us using the information in the “Contact Us” section below.

We endeavor to give you a secure, private, and enduring connection with the people you meet and interact with in person – we call it a “Circle.” You always get to choose whether or not to join a Circle. Members of a Circle can only get into a Circle if (i) they are invited by the Circle’s creator upon creation or (ii) one of the Circle’s pre-existing members invites a new member in later. The best way to protect your personal information when using PhotoCircle is to only join Circles with people you know and trust. We won’t screen your identity from members of a Circle within PhotoCircle, and you should be aware that personal details about you may be visible to other members of a Circle.

Information We Collect

Non-personal Information. Like most websites and mobile applications, we may collect certain technical information about your use of the Website or a mobile application when you visit us or use the application, and generally this is not information that could be used to identify you without reference to other information (collectively, “Usage Information”). For example, we may collect your internet protocol (IP) address, browser type, mobile device type, the identity of your internet service provider (ISP), the number and duration of page visits, application usage, how you were directed to the Website, a GPS tag or similar location information, what country your visit originates from and the number of clicks you make when you use the Website. This does not include demographic information about you. We track and reference your Usage Information, in aggregation with the Usage Information of other visitors to the Website and mobile apps, to better understand how effective our Website and PhotoCircle are and how visitors interact with them. Only Circle 38 has access to such analysis.

A cookie is a file that web servers place on an internet user’s computer. Cookies are designed to store basic information about the user and transmit that information back to servers that recognize them. They may be used to measure visitor behavior on and in connection with a website, including through the transmission of Usage Information. If you choose to have our Website remember your login and password, we will place a persistent cookie on your computer to identify you when you next visit the Website and allow you to interact with the Website without logging in again. A persistent cookie remains on your machine after you log out of your account and will become active again when you return to the Website. If you do not wish to use a persistent cookie to stay logged in, you must uncheck “Remember me” when logging in or registering for an account.

We may also use cookies in conjunction with our analysis of Usage Information. Depending on which browser you use to access the internet (Internet Explorer, Chrome, Safari, Firefox, etc.), you can change your settings to effect whether to accept, store, or delete cookies.

Your Submissions of Personal Information. You have the opportunity to submit personal information to us through the Website or PhotoCircle in several ways:

Account Information. If you create an account you submit your email address to us and create a password (note that if you log in using Facebook, we do not collect a password from you). You provide your name and you may, but are not required to, submit a photo to represent yourself. Although this need not be an actual picture of you, we will associate it with your account. In the future, you may, but are not required to, enter details about yourself in a narrative on your profile. We refer to these items collectively in this policy as “Account Information.”

Third Party Account Information. PhotoCircle employ functionality of user accounts you have with third parties like Facebook. To do so, PhotoCircle may, but does not necessarily, access either (i) your username and password for the applicable account; (ii) your profile within that account; (iii) any unique user ID associated with that account by the third party provider; and (iv) the contents of that account, which may include items like your transaction history, friend lists and profiles of friends contained in the account. Circle 38 may also send data to your third party account for processing when you use PhotoCircle. We refer to these items collectively in this policy as “Third Party Account Information.” We ask your permission before accessing any particular Third Party Account, but once we have obtained your permission to access any particular account we will not separately ask your permission to access any piece of information in that account or to otherwise permit a PhotoCircle to interact with Third Party Account Information. Please do not give your permission for us to access a third party account if you do not want us to have access to the associated Third Party Account Information.

PhotoCircle provides you the option to login through Facebook and Google, and in this case PhotoCircle functions by using the Facebook and Google SDKs to identify your name, email, and profile photo, so the information you have submitted or can access through your Facebook or Google account will be used by PhotoCircle to create your Circle account (as described in “Third Party Account Information” above).

PhotoCircle implicates the sharing of media (e.g., photos and videos) taken within your selected group. When you add media through the PhotoCircle interface, they immediately become visible to other members of that Circle, as well as to our servers. Other users in that Circle can share media available within the Circle. To prevent other users from sharing media you upload, you must delete the media from your interface with the Circle. We don’t generally access information within your Circles other than for delivering our services to you or updating our technology. We don’t allow our employees to view your media (unless they’re a member of the Circle you joined).

We may use your GPS or similar location information when (i) you choose to invite other members into a Circle you are a member of or (ii) you choose to join a Circle. The information collected through PhotoCircle is referred to in this Policy as “PhotoCircle Informations.”

Contacting Us. You can email us at and our team will review and respond promptly.

How We Use Information Collected from You

How We Use Your Personal Information

We may use the Personal Information we collect as follows:

Account Information

  • to sign you in to your account or to reference that account;
  • for our internal records, tracking, and business purposes;
  • to fulfill transactions conducted by you through your Website account or PhotoCircle;
  • to send information, communications, or media to others in a Circle within PhotoCircle;
  • to contact you in order to provide updates on our technology, policies, and procedures or about your account;
  • to contact you about certain activity that has occurred in a Circle you have joined, subject to your communication settings; and
  • to contact you to respond to your questions or to provide you with technical support.

Third Party Account Information

  • to sign you in to your account or to reference that account in connection with PhotoCircle functionality, including to transmit information, communications, or media among members of a particular Circle;
  • for our internal records, tracking, and business purposes;
  • to fulfill transactions conducted by you through your Website account or PhotoCircle; and
  • to contact you about certain activity that has occurred in a Circle you have joined, subject to your communication settings.

PhotoCircle Information

  • to populate your PhotoCircle App with the right members and the content you each submit to the Circle; and
  • to maintain your account and our services if you continue to be a part of any Circle.

Contact Us

  • to receive and respond to your requests.

How We Use Your Non-Personal Information

Usage Information collected from you is used for various purposes, such as:

  • to improve our products and services;
  • to customize the user experience of the Website;
  • to administer the Website; and
  • to analyze trends, track user movement and gather statistical information for aggregate use.

Note that certain of your Personal Information or any content you upload or view within PhotoCircle is made visible to other Members of that Circle. Do not upload or share any information unless you want all members of that Circle to be able to see it.

Sharing of Your Information

Unless we obtain your consent, we will not share your Personal Information with third parties other than as provided in this Privacy Policy. We may share your Personal Information with third parties in one or more of the following ways:

Within a PhotoCircle

The submissions you make to PhotoCircle, including PhotoCircle Information, Account Information and, in some cases, Third Party Account Information, may be visible to other members of a PhotoCircle in which you participate. In general, any Information you choose to upload into a Circle will be visible to other members of that Circle who joined either at its creation or by responding to an invite of one of the other Circle participants. If you elect to terminate your membership in a Circle, the Information you submitted before leaving the Circle is deleted from that Circle and is no longer visible to other members in that Circle, but may still, at times, be stored on our servers. You should not post anything to a Circle that you do not want other Circle members to see.


We may share your Personal Information and Non-Personal Information with any parent or subsidiaries, or other companies or entities which control, are controlled by or under common control with us, i n which case we will require such parties to honor this Privacy Policy with respect to such shared information.

Third Party Service Providers

We may provide your Account Information and Non-Personal Information to third party companies to perform services on our behalf, including marketing assistance, e-mail delivery, hosting services, analytics, customer service and data analysis. We may use independent contractors, such as cloud service providers, to provide services on our behalf and they may access your Personal Information in the course of providing those services. We require such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your Personal Information for any purpose other than to provide services to us.

Safety, Security and Compliance with Law

We may disclose any information, including Personal Information, we deem necessary to comply with any applicable law, regulation, legal process or governmental request, to enforce our rights or to protect the safety and security of our Website or other users.

Business Transitions

In the event we undergo a business transition, such as a major investment transaction, merger, acquisition by another company, or sale of all or a portion of its assets, we may transfer your Personal Information to the actual or intended successor organization in such transaction or permit its examination under confidentiality restrictions by our counterparty. If material changes to Circle’s privacy practices will occur as a result of the business transition, we will make a reasonable attempt to notify you via email and will post a notice on the Website alerting you to the business transition prior to transferring your Personal Information.

How to Access and Update Your Personal Information

At any time, you may contact us to request that we make changes to your Personal Information or delete your account entirely. If you request that we update or otherwise modify your information, we will amend your Personal Information within a reasonable time after your request wherever reasonable. To inquire about which items of Personal Information we possess about you or to request modifications thereto, please email us at

However, please note that, after your Personal Information is changed, we will continue to have the right to store all Personal Information collected from you through the Website or PhotoCircle (including Personal Information which is no longer in active use due to its amendment in accordance with this Section) in our archives and to use and disclose such Personal Information for certain purposes permitted or required by applicable laws, including as we deem necessary to comply with any applicable law, regulation, legal process or governmental request, to enforce our rights, or to protect the safety and security of our Website, Circle Apps or other Circle users.

How We Secure Your Information

Circle 38 uses reasonable administrative, technical, and physical security measures to protect user’s Personal and Non-Personal Information, online and offline.

We use cloud service providers to host some of our services and we may change cloud providers at any time without updating this policy or notifying you specifically. As of the last update date of this policy, we use Amazon Web Services for our Website and to run PhotoCircle.

Your transmissions of Personal and Non-Personal Information through PhotoCircle is encrypted.

Our employees, contractors and third party service providers are generally subject to restrictions that limit their use of information obtained from us to the business purpose of the relationship for which we contract. We may place links to third party websites on our Website or within PhotoCircle, but we take no responsibility for such third party sites, their content, their functionality, or their use of your Information. You should refer to the Terms of Use and Privacy Policy governing such third party sites to understand how they collect, use, store and share your information.

While we take reasonable precautions against possible security breaches of the Website, PhotoCircle and our customer databases and records, no website or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your Personal Information safe (including your Account Information and Third Party Account Information), and log out of your accounts after use, if applicable.

Our Policies Concerning Children

The Website and PhotoCircle are not intended for children under the age of 18 and we do not knowingly collect any Personal Information from such children. Children under the age of 13 should not use our Website or our online services at any time. In the event that we learn that we have inadvertently gathered Personal Information from children under the age of 13, we will use our best efforts to erase such information from our records.

Contact Us

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to