Affirmate

AFFIRMATE

Privacy Policy

Last updated June 1, 2023

Introduction

Welcome to our privacy policy, which applies to all who use our services (“Users”).

Affirmate is a mindfulness-based meditation application and platform. We are committed to protecting your information and promoting your well-being when you use our services. Below we describe how we collect, store, use, and share your information with intention and care when you use our services, such as when you:

  • Visit our website at affirmate.app
  • Download and use our mobile application (Affirmate)
  • Engage with us in other ways, including any sales, marketing, or customer service, interactions

Additional information for individuals in California, Virginia, Europe, and the UK, can be found at the end of this Privacy Policy.

Questions or concerns?

Reading this privacy policy will help you understand your privacy rights and choices. If you do not agree with our policies and practices, please do not use our Services. If you still have any questions or concerns, please contact us at help@affirmate.app.

Affirmate strives to make this privacy policy accessible in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1.

The privacy policy was written in English (US). To the extent any translated version of the privacy policy conflicts with the English version, the English version controls.

Information We Collect

We use personal information with intention and care when you choose to share it with us. This may happen when you sign up for our Services, show interest in learning more about our offerings, take part in activities on our platform, or simply reach out to us. Our goal in using your information is to promote your well-being and create a fulfilling experience for you while using our Services. As a condition of using our Services, please provide accurate and complete information, and notify us of any changes to your personal information. For example, Affirmate does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The information we collect may include the following provided by you: 1) social media account details, like your Facebook or other social media account, should you choose to register and login using “single sign-on”; 2) profile information that you provide when you create an account (e.g. first name, username, password); 3) direct communications between you and Affirmate regarding our Services. We do not process sensitive personal information of users as defined by the CCPA.

Like many software providers, we also request permission to automatically collect your information through cookies, log files, and similar technologies to understand how you use our Services and to better provide features to you. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services, and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

You can opt out of allowing us to collect some of this information either by refusing access to the information or by disabling your Location setting on your device. However, if you choose to opt out, you may not be able to use certain aspects of the Services which rely on this information. You may also choose to opt out of push notifications

Process for Handling Your Information

We process and use your information with intentionality, to ensure a fulfilling experience for you while interacting with Affirmate and our Services:, depending in part on your interaction with our Services. Our information-handling processes and policies are designed to: 1) make it simple for you to create and manage your account, so you can access and use our Services with ease; 2) deliver and facilitate delivery of services, such as offering personalized content and support, or diagnosing and fixing technological problems that may arise; 3) develop and test new features or products; 4) fulfill and manage your orders with efficiency; 5) improve our Services and enhance your Affirmate experience by requesting feedback directly from you, or by observing aggregated usage trends.

Sharing Your Personal Information: When and With Whom

We may share your data with third-party vendors, service providers, contractors, or agents (“third parties”) who help us provide our Services. We have agreements in place with them to ensure the protection of your personal information. These third parties can only use your data as instructed by us and will not share it with anyone else. They are committed to safeguarding your data and keeping it for only as long as we instruct.

Our Service Providers will have access to your information only as needed to provide their services under strict confidentiality terms. These include Mailchimp, Appsflyer, Amplitude, Google, Facebook, Apptimize, Google Firebase, Adjust, Crashlytics, New Relic, OneSignal. We may also share anonymized or aggregated information with these third parties in a way that removes your personally identifiable information.

We may share your personal information in response to legal requests if we believe it is required by law. This includes requests from outside the United States if they meet internationally recognized standards. We may also share information to prevent fraud, protect ourselves and others, or prevent harm. If we receive a legal request, have a reasonable belief information retention is necessary to prevent harm, or are investigating possible violations of our terms, we may access and retain your information for an extended period.

Information Storage and Transfer

Our primary facilities such as servers are located in the United States. If you are accessing our Services from elsewhere, please be aware that your information may be transferred to, stored, and processed by us in the United States or other countries in which we maintain facilities. It may also be stored or transferred by those third parties with whom we may share your personal information. By using the Services, you consent to information storage and transfer to the U.S. or other countries in which we maintain facilities.

If you are a resident in the European Economic Area (EEA) or United Kingdom (UK), then these other countries may not necessarily have data protection laws or other similar laws as comprehensive as those in your country. However, we will take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

European Commission’s Standard Contractual Clauses: We have implemented measures to protect your personal information, including by using the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies and between us and our third-party providers. These clauses require all recipients to protect all personal information that they process originating from the EEA or UK in accordance with European data protection laws and regulations. Our Standard Contractual Clauses can be provided upon request. We have implemented similar appropriate safeguards with our third-party service providers and partners and further details can be provided upon request.

Retaining your Information

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than twelve (12) months past the termination of your user’s account. Once we delete your information, or you remove information you posted to the Services, it may still be visible in cached or archived pages. This can happen if other users or third parties using the Affirmate API have saved or copied the information.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible

Keeping Your Information Safe and Secure

We take the safety of your personal information seriously. That’s why we’ve put in place technical and organizational measures to protect your information and promote your peace of mind. However, despite our commercially reasonable safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

Please keep in mind that we do not control and cannot be held responsible for the security practices used by any websites or services linked to or from our Services. Our privacy and data protection policies apply ONLY to our app and website—on any site not controlled by us, you are subject to the rules and policies of that site.

Understanding and Exercising Your Privacy Rights

We believe in empowering you to take control of your personal information. Depending on where you live, you may have certain rights that allow you to access, change, or delete your information. See Sections 10, 11, and 12 below. We’re happy to help you exercise those rights.

Beyond the rights articulated elsewhere in this privacy policy, if we are relying on your consent to process your personal information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time. You can withdraw your consent at any time by contacting us by using the contact details provided below.

However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided below. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can: 1) Log in to your account settings and update your user account; OR 2) Email us at help@affirmate.app.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files for a reasonable period of time to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. However, if you choose to remove cookies or reject cookies, this could affect certain features or services of our Services.

Specific Information for Users in the UK and Europe

The applicable duties, protections, and rights of our Users vary by country. The sections below apply to Users in the United Kingdom or the European Economic Area (collectively, “Europe”). Affirmate is the data controller for personal data governed by this Privacy Policy.

For purposes of Article 14(2) of the GDPR, Affirmate relies on the following lawful bases for processing personal data: 1) Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. 2) Legitimate Interests.

We may process your information when we believe it is reasonably necessary to achieve our legitimate business interests (enhancing our Services and promoting positive user experiences) and those interests do not outweigh your interests and fundamental rights and freedoms. 3) Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved; 4) Vital Interests. When necessary we may process your information to promote safety, prevent harm, and protect your vital interests or the vital interests of a third party.

Users have certain rights under GDPR. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. You can make such a request by contacting us by using the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If you believe we are unlawfully processing your personal information, you also have the right to complain to your member state data protection authority or UK data protection authority. If you are located in Switzerland, you may contact the Federal Data Protection and Information Commissioner.

Specific Information for Users in California

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. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with Services, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g., backups, etc.).

The California Code of Regulations defines a “resident” as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and; (2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose. All other individuals are defined as “non-residents.” If this definition of “resident” applies to you, we must adhere to certain rights and obligations regarding your personal information as outlined below.

We handle your personal information with care and intention to create a soothing and fulfilling experience for you. Our goal is to promote your well-being. Here’s the information we collect to make this possible: 1) Identifiers and personal characteristics such as your name, age, email address, and social media handle; 2) Device or network information like your IP address; 3) Commercial information such as your payment details and Affirmate product or service purchases; 4) Audio, electronic, visual, or similar information. For example, your profile photo or personal information you provide during customer support calls; 5) Other personal information you provide, including opinions, preferences, goals, and previous meditation experiences; 6) Approximate geolocation data, and other information about your internet or other electronic network activity. This includes browsing behavior and details about your interactions with our Services; 7) Inferences drawn from the above information to understand your product interests and purchasing insights. For more details about the sources and types of personal information we collect, see Sections 2-4 above.

We use this information to: 1) perform or offer various services, including account maintenance, customer service provision, order and transaction processing, and verification of customer information; 2) enhance and uphold our Services by improving them and creating new ones; 3) identifying and fixing errors and other issues related to functionality; 4) communicating with you regarding marketing and other messages related to relationships or transactions; 5) analyzing usage patterns and activities associated with our Service to monitor trends; 6) tailoring the content you encounter on our Services and other platforms based on your preferences, interests, and browsing behavior; 7) complying with the law, such as detecting and protecting against security incidents, as well as addressing malicious, deceptive, fraudulent, or illegal activities.

More information about our data collection and sharing practices can be found in this privacy policy. You may contact us or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf, following the same strict privacy protection obligations mandated by the CCPA. These third parties provide services such as customer support, payment processing, subscription and order fulfillment, measurement, communications and surveys, data analytics, fraud prevention, and cloud storage, More information regarding third party data sharing can be found above in this privacy policy.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal information. In fact, we do not “sell” the personal information we collect, and will not sell it without providing Users the chance to opt out of such data sharing.

You have the right to request the deletion of your personal information. We will honor your request and remove your data, subject to certain legal exceptions. These may include situations such as protecting another consumer’s right to free speech, complying with legal obligations, or preventing illegal activities

Depending on the circumstances, you have a right to know: 1) whether we collect and use your personal information; 2) the categories of personal information that we collect; 3) the purposes for which the collected personal information is used; 4) whether we sell or share personal information to third parties; 5) the categories of personal information that we sold, shared, or disclosed for a business purpose; 6) the categories of third parties to whom the personal information was sold, shared, or disclosed for a business purpose; 7) the business or commercial purpose for collecting, selling, or sharing personal information; and 8) the specific pieces of personal information we collected about you.

In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Upon receiving your request, we will undertake the necessary steps to confirm your identity and ensure that you are the same individual for whom we possess the relevant information. These verification procedures entail requesting specific information from you, which will be matched with the data you have previously provided. Depending on the nature of your request, we may require certain details to compare with our existing records, or we may reach out to you through a pre-established communication channel (e.g., phone or email). Additionally, we may employ other verification methods based on the circumstances at hand.

The personal information you provide in your request will solely be used for the purpose of confirming your identity or validating your authority to make the request. Whenever feasible, we will strive to minimize the need for requesting additional information during the verification process. Nevertheless, if we are unable to verify your identity using the existing information in our possession, we may ask you to provide supplementary details to ensure proper verification and maintain security and fraud prevention measures. Any additional information provided will be promptly deleted upon the completion of the verification process.

As a resident of California, you have the following additional rights: 1) You may object to the processing of your personal information; 2) You may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the information; 3) You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA; 4) You may request to opt out from future selling or sharing of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission. Affirmate does not differentiate how we treat our users whether they exercise their rights under the CCPA.

To exercise these rights, you can contact us at help@affirmate.app or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.

Specific Information for Users in Virginia

Under the Virginia Consumer Data Protection Act (CDPA):

“Consumer” means a natural person who is a resident of the Commonwealth acting only in an individual or household context. It does not include a natural person acting in a commercial or employment context.

“Personal data” means any information that is linked or reasonably linkable to an identified or identifiable natural person. “Personal data” does not include de-identified data or publicly available information.

“Sale of personal data” means the exchange of personal data for monetary consideration.

If this definition “consumer” applies to you, we must adhere to certain rights and obligations regarding your personal data.

Consumers in Virginia have the following data privacy rights: 1) to be informed whether or not we are processing your personal data; 2) to access your personal data; 3) to correct inaccuracies in your personal data; 4) to request deletion of your personal data; 5) to obtain a copy of the personal data you previously shared with us; 6) to opt out of the processing of your personal data if it is used for targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects (“profiling”).

The information we collect, use, and disclose about you will vary depending on how you interact with Affirmate and our Services. Affirmate has not sold any personal data to third parties for business or commercial purposes. Affirmate will not sell personal data in the future belonging to website visitors, users, and other consumers. More information about our data collection and sharing practices can be found in this privacy policy.

You may contact us by email at help@affirmate.app, by visiting our website, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your rights, we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

We may request that you provide additional information reasonably necessary to verify you and your consumer’s request. If you submit the request through an authorized agent, we may need to collect additional information to verify your identity before processing your request.

Upon receiving your request, we will respond without undue delay, but in all cases, within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary. We will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

If we decline to take action regarding your request, we will inform you of our decision and reasoning behind it. If you wish to appeal our decision, please email us at help@affirmate.app. Within sixty (60) days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If your appeal if denied, you may contact the Attorney General to submit a complaint

Contacting Us About This Notice

If you have any questions about the Services or this Privacy Policy, please contact us at help@affirmate.app or affirmate.app/contact

Keeping Our Notice Up-to-Date

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. Continued use of the Services will constitute acceptance of the updated privacy policy. We encourage you to review this privacy policy periodically to be informed of how we are protecting and using your information.

DATE: June 1, 2023