AffectiveSoftware.com Privacy Policy

The following Privacy Policy is intended to inform the Site visitor or “User” of our practices regarding how we collect, use, disclose, and safeguard your information when you visit AffectiveSoftware.com, including any contained products, other media form, media channel, mobile website, or online or mobile application related or connected thereto (collectively, the “Site”), as owned and operated by Affective Software Inc. (ASI) and The Gottman Institute (TGI). Please read this Privacy Policy carefully. If you do not agree with the terms of this Privacy Policy, please do not access the Site.

Examples of Information We May Collect
We have explained in another document our policy regarding “cookies” and analytics. For a full description, we refer you to that explanation. To summarize here for your convenience, however, we stress that when we indicate that we “share” data, that does not mean we sell your data or share your Protected Health Information (PHI). To the contrary, the sharing of information in the form of cookies and other analytics is to improve the services we can offer, analyze our own effectiveness through our product, and ensure to the best of our ability a satisfying web experience for you. It is through well-managed sharing and analytics, for example, that we can determine if you have reached our Site as the result of our marketing efforts to you. Well-managed analytics also ensure, for example, that when you enter a search word that has two (or more) meanings, your computer will know how the search relates to your historical use, predict what you want and need, and simplify your browsing experience. Without these methods, your searches can be slow and frustrating. With them, your searches may become quick and smooth, virtually intuitive. At all times, without exception, we protect your PHI. Thus, in order to provide quality services, we may collect information about you in a variety of ways, including but not limited to:

  • Personal Data: In order to use some parts of the Site, a User must first complete a registration form. During registration, a user is required to give their contact information, usually your name and email address. Personally identifiable information is information such as your name, address, email address, and telephone number, and demographic information that you voluntarily give to us when you register with the Site or our mobile application, or when you choose to participate in various activities related to the Site and our mobile application. You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Site and our mobile application. This information is primarily used to contact the User about the services on our Site for which they have expressed interest. It is not shared with or sold to any other entity for use outside of the ASI and TGI product for which you are registering at our Site.
  • Collection of Anonymous Information: In addition to the use of personal information, the Site may also gather anonymous information which may be used by ASI and TGI or shared with - not sold to - third parties. Generally, this information is collected through “traffic data” and may entail the use of Cookies and IP addresses. The use of Cookies is explained in another document entitled Cookie Policy. ASI and TGI use such traffic data to help determine how our Users use parts of the website so we can analyze trends, administer the Site, track User's movement, gather broad demographic information for aggregate use to ensure a better experience for you. IP addresses and other traffic data are not linked to personally identifiable information.
  • Derivative Data: When you access the Site, information our Site may automatically collect may include data such as your IP address, browser type, operating system, access times, and the pages you have viewed directly before and after accessing the Site. Collection of such data is a standard practice designed to clarify to us whether you have entered our Site as the result of our own outreach to you such as from a newsletter or email you received from TGI or ASI. If you are using our mobile application, this information may also include your device name and type, operating system, phone number, country, and other interactions with the application and other Users via server log files, as well as any other information you choose to provide. At no time is this collected data sold to a third party.
  • Financial Data: Certain financial information such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) may be collected when you use or request information about our services from the Site or our mobile application. We store only extremely limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, Authorize.Net or Stripe. You are encouraged to review their privacy policy and contact them directly for responses to your questions.
  • Data from Quality Improvement Surveys or Other Contact with ASI and/or TGI: Certain personal and other information may be collected such as information you choose to provide when responding to quality feedback surveys or when you contact ASI and/or TGI.
  • Mobile Application Information: If you connect using our mobile application, we may collect:
    • Geo-Location Information: We may request permission to access location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services as required by law or policy. If you wish to change our access or permissions, you may do so in your device’s settings.
    • Mobile Device Data: We may collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.

Examples of How We May Use Your Information
Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use data collected about you via the Site or our mobile application for purposes such as but not limited to:

  • Administer customer support;
  • Assist law enforcement and respond to subpoena;
  • Compile anonymous statistical data and analysis for use internally, with third parties, for research and/or publication;
  • Create and manage your account;
  • Verify your identity;
  • Deliver information about the Site and associated products and services to you;
  • Email you regarding your account or order;
  • Enable user-to-user communications;
  • Fulfill and manage account information and other transactions related to the Site;
  • Generate a personal profile about you to make future visits to the Site more personalized;
  • Increase the efficiency and operation of the Site;
  • Monitor and analyze usage and trends to improve your experience with the Site;
  • Notify you of updates to the Site;
  • Offer new products, services, and/or recommendations to you;
  • Perform other business activities as needed;
  • Prevent fraudulent transactions, monitor against theft, and protect against criminal activity;
  • Process payments and refunds;
  • Request feedback and contact you about your use of the Site;
  • Resolve disputes and troubleshoot problems;
  • Respond to product and customer service requests;
  • Solicit support for the Site.

Examples of How We May Disclose Your Information
We may share information we have collected about you in certain situations. For example, your information may be disclosed as follows:

  • By Law, Subpoena, or Regulation: ASI and TGI do not disclose the identities of visitors or Users of the Site unless legally required to do so. We will respond to any subpoena received from a government agency (such as but not limited to the Securities and Exchange Commission or law enforcement agencies) in accordance with the law. Unless prohibited by law or by a valid court order, we will notify you of any subpoena received from any other party (such as but not limited to for civil litigation) which requires us to disclose your identity, in accordance with the law, as required by the deadline in the subpoena, before providing the information requested by the subpoena.
  • Third-Party Service Providers: We may share your information with third parties that perform specific services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.
  • Third-Party Collection: We may use third-party companies to collect data when you visit the Site or our mobile application. These companies may use information about your visits to the Site and our mobile application and other websites that are contained in web cookies in order to provide better services of interest to you. As indicated herein, the information is not sold. Please see our Cookie Policy for more information.
  • Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • Business Partners: We may share your information with our business partners to offer you certain products, services, or additional information.
  • Other Third Parties: We may share the online information you have provided to us with third parties for the purpose of conducting general business analysis. We may also share your information with such third parties for marketing purposes, as permitted by law. It is not sold to any entity. Marketing data is information that can be used to improve product development, promotion of Company services, distribution, and related strategies such as branding, and determining customer needs and preferences.

Conditions of Use
Your access and use of the Site is subject to this Privacy Policy and associated Terms and Conditions including limitations on damages and the applicability of the law of the State of Washington.

Affective Software (ASI) and The Gottman Institute (TGI)
The following provisions apply to information ASI and TGI learn about or obtain from you when you visit the Site. Your access or use of the Site constitutes your legally binding acceptance of and agreement to this Privacy Policy. Definitions contained in the Site’s Terms and Conditions shall apply to this Privacy Policy as well.

Your Rights, Communication Opt-Out, and Information Change Request Procedures
You have rights regarding our collection and use of your personal information:

  • You have the right to request certain information we have collected about you.
  • You have the right to opt-out of receiving future contacts or mailings. ASI provides you with the opportunity to opt-out of receiving electronic communications from us and our partners at the point where we request information about you. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
  • You have the right to request deletion or modification of your personally identifiable information from ASI and TGI’s records. To delete or modify your personally identifiable information, please contact support@affectivesoftware.com. If you request the deletion or termination of your account, we will deactivate or delete your account and information from our databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions and/or comply with legal requirements or regulations (such as for some states that may require enhanced privacy rights and consumer protection as is the case with the California Consumer Privacy Act, or CCPA).
  • We may not discriminate against you if you exercise your rights as described in this notice. For example, we may not deny goods or services to you, or charge you different prices or rates, or provide a different level of quality of products or services if you choose to exercise your rights.

Security of Your Information
ASI and TGI use administrative, technical, and physical security measures consistent with industry standards to help protect against the loss, misuse, or alteration of information under ASI and TGI’s control. Your information is protected during transmission and at-rest. While we have taken reasonable steps to safeguard the personal information you provide to us, please be aware that despite our efforts, any electronic platform may be vulnerable to security risk and cannot guarantee 100% security. Your use of this Site is with this knowledge and approval despite potential risk.

HIPAA Policy
At the beginning of therapy, U.S. Federal HIPAA law requires that your independently practicing clinician present you with a Notice of Privacy Practices (NPP). Please be sure that you receive and sign such a document prior to proceeding with therapy. The NPP describes how psychological and medical information about you, referred to as Protected Health Information (PHI), may be used and disclosed and how you can access this information. Please review that document carefully.

Separate Businesses
Please note that ASI and TGI are not affiliated with any clinical service provider using the Site or any ASI or TGI product. All clinicians are independent providers and have no business affiliation or partnership of any kind, neither actual nor implied, with ASI or TGI.

Links to Third Party Sites
The Site may contain links to other sites. These links are for the convenience of visitors to the Site only, and neither ASI nor TGI nor the Site makes any representation or assurances whatsoever regarding such other sites. You should review the privacy policies of other sites carefully before providing any information to such sites or accepting information from them. Neither ASI nor TGI nor the Site is responsible for the privacy policies or procedures or the content of any other site.

Controls for Do-Not-Track Features
Most web browsers and some mobile operating systems include a Do-Not-Track (“DNT”) feature or setting that you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Privacy Policy.

Assignment Changes
ASI and TGI may change its ownership or corporate organization while providing the website and services. If we reorganize, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy. However, ASI and TGI strive to ensure that any new organization also implements this Privacy Policy.

Compliance with the Children’s Online Privacy Protection Act (COPPA)
The Site is not directed at children under the age of 13. ASI and TGI comply with the Children’s Online Privacy Protection Act and do not knowingly permit submission of Personal Information by anyone under 13 years of age.

Supplemental Privacy Right for California Residents
Effective January 1st, 2020, this Privacy Notice for California Residents supplements the information contained in this Privacy Policy, and applies only to California residents (“You”, “your” or “consumer”). California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. Be aware, there may be legal retention or legal and policy restrictions that prevent us from honoring your request. If you are a California resident and would like to make such a request, please submit your request to support@affectivesoftware.com.

Supplemental Privacy Right for Nevada Residents
Effective October 1st, 2019, the Supplemental Privacy Notice for Nevada Residents adds to the information contained in this Privacy Policy, and applies only to Nevada residents (“You”, “your” or “consumer”). We collect certain personal information of Nevada consumers through our Internet websites or other online Service. This information may include personally identifiable information such as a first and last name, physical address, contact identifiers, and telephone numbers. We collect this personal information for the purposes described in this Privacy Policy. If you would like to review, correct, or update your personal information, you or your authorized representative may submit your written request to support@affectivesoftware.com. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after receipt. If circumstances cause any delay in our response, you will be promptly notified and provided a date for our response.

Changes to This Privacy Policy
We reserve the right to make changes to this Privacy Policy at any time and for any reason without prior notice, at ASI and TGI’s sole discretion and as provided by applicable law. If this Privacy Policy changes, we will alert you about any changes by posting the revised policy on this Site and providing the date updated. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Site, and you waive the right to receive specific notice of each such change or modification. You should periodically check this Privacy Policy for any such changes. Regardless of such changes, by continuing use of the Site, you acknowledge you have been made aware of, will be subject to, and have accepted the changes in any revised Privacy Policy. This Privacy Policy was last updated 5/10/2021.

How to Contact Us
If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this Site, please contact us at support@affectivesoftware.com. Please note that this Site does not address issues related to health information.