Updated March 11, 2021
We may change provisions of this Policy from time to time and will indicate when changes have been made by revising the date at the top of this Policy. We encourage you to review the Policy whenever you access the Services to make sure that you understand our practices. If we make material changes to this Policy, we will provide you with additional notice.
Data Protection Across the Globe
Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply common protections described in this policy. These protections align with well-known standards such as ISO 27001:2017 and others.
Information that We Collect
Information that you provide to us: We may collect information that you provide when using our Services, such as when you: (1) create an account; (2) subscribe to our Services; (3) participate in events or promotions; (4) send questions or comments via email; (5) interact with our sales or customer support team; (6) apply for a job with us online; (7) fill out surveys; or (8) otherwise communicate with us through or about our Services. The types of personal information that you provide may include your name, email address, telephone number, mailing address, credit card information, and other contact or identifying information that you choose to provide. We store, process, and maintain files and content that you create and/or upload using our Services, as well as other data related to your account in order to provide the Services to you.
We use a third-party merchant service provider for credit card processing and they do not store any credit card information we receive except as necessary to complete and satisfy our rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by you.
Information about use of our Services: Our servers automatically collect usage information about your use of the Services, including the webpages visited, number of log-ins, data displayed or clicked on, actions taken, your language preference, and other login information. We may collect automated error reports in the case of software malfunctions, which may contain some or all of the information in your account and content and may be reviewed to help resolve problems with the Services.
If you participate in a video conference with us, we may record the session and retain the recordings. We will notify you first that the session is being recorded so that you can choose not to participate. If you participate in a training or product course, we collect completion data.
We collect information from the device and application you use to access our Services. Device data mainly means your IP address, operating system version, device type, device ID/MAC address, system and performance information, and browser type. If you are on a mobile device we also collect the UUID for that device.
We use a variety of technologies to collect this information, such as first party and third-party cookies and tracking services that employ cookies and page tags (also known as web beacons). This data includes usage and user statistics. Emails sent by Agency or by users through our Services also include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We provide more information on cookies below and in the footer of our Site to see the Cookie Notice.
Like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, internet service providers, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system versions, device type and timestamps.
If you arrive at Agency from an external source (such as a link on another website or in an email), we record information about the source that referred you to us.
Information from third-parties and integration partners: We may obtain personal information from third-parties and combine such information with the information that we collect through our Services and such information may be used for the purposes described in the “How We Use the Information We Collect” section below. For example:
How We Use the Information We Collect
Use of Information: We may use the personal information collected through our Services to:
Information we may share: We will never “sell” your personal information (as that term is defined in the California Consumer Privacy Act). However, we may share your personal information with third-parties as follows:
Where We Store Your Personal Data
Data Storage: All data that you provide to use through our Services is stored on Kajabi’s and our merchant service providers’ secure servers located in the U.S. Any payment transactions will be encrypted using SSL technology; all payment data is stored by our payment processors and is never stored on our servers. Where we have given you (or where you have chosen) a password that enables you to access your account and the Services, you are responsible for keeping this password confidential. We recommend that you not share your password and that you change it frequently.
Data Security: Agency takes reasonable measures to protect your personal information and your content from loss, misuse, and unauthorized access, disclosure, modification, and destruction and to ensure that your content remains protected and available to you. Unfortunately, the transmission of data via the internet is not completely secure and although we do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Services. All transmissions are at your own risk. Further information is provided in our Security Statement. Contact [email protected] to receive a copy.
Data Retention: Agency stores the information we collect for as long as necessary for the purpose for which it was originally collected and in compliance with our legal obligations. The retention periods applied by Agency comply with applicable legislation then in effect, namely:
We may retain certain information for legitimate business purposes or as required by law.
Children Age 16 and Under
Agency’s Services is not directed at children under the age of 16 and we never knowingly collect personal information from children. We recognize the special obligation to protect personally identifiable information obtained from children age 13 and under. IF YOU ARE 16 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONALLY IDENTIFIABLE INFORMATION TO THE SITE OR TO AGENCY. If we discover that a child age 16 or younger has signed up for our Services or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.
Agency nonetheless encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
How We Use “Cookies” and Other Tracking Technologies
Your Choices and Rights
You have several options with respect to your personal information, as follows:
We do not knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.
Links to External Sites
Data Posted on Forums
Agency users may have the ability to post content to one or more Agency community forums. You should be aware that when you voluntarily disclose personal information in any forum, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features. You may request and obtain removal of such posted content by contacting us at [email protected] and specifically identifying the content to be removed. Please be advised that any such removal does not ensure complete or comprehensive removal of all traces of the content posted on the Agency forums.
Transfer of Information Across National Borders:
For users located outside the jurisdiction of the United States, Agency operates and processes data in the United States. Information we collect from you will be processed in the United States, and by using this website you acknowledge and consent to the processing of your data in the United States. The United States has not received a finding of “adequacy” from the European Union under Article 41 of the GDPR. We collect and transfer to the U.S. personal data only with your consent; to perform a contract with you; or to fulfill a compelling legitimate interest of ours in a manner that does not outweigh your rights and freedoms. When we transfer your personal information to other countries, we will protect that data as described in this Policy or in our agreement with you and take steps, where necessary, to ensure that international transfers comply with applicable laws.
Residents of the European Economic Area
We provide the representations and information in this section in compliance with European privacy laws, in particular the European General Data Protection Regulation (GDPR). If you are a visitor from the European Territories (including the European Economic Area, Switzerland, and the United Kingdom), our legal basis for collecting and using the personal data described above will depend on the personal information concerned and the specific context in which we collect it.
We will normally collect personal data from you where the processing is in our legitimate interests. In some cases we may collect and process personal data based on consent.
EU data subjects have certain rights with respect to your personal data that we collect and process. We respond to all requests we receive from individuals in the EEA wishing to exercise their data protection rights in accordance with applicable data protection laws.
General Data Protection Regulation (GDPR) - European Representative: You can contact us regarding matters pertaining to the GDPR by sending an email to [email protected]. If you are a resident of the European Economic Area and have a data privacy concern that we are unable to resolve, you have the right to file a complaint/inquiry with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
Do Not Track Disclosure
Regulatory agencies such as the U.S. Federal Trade Commission have promoted the concept of Do Not Track as a mechanism to permit Internet users to control online tracking activity across websites through their browser settings. Since no industry standard has been adopted, we currently do not process or comply with any web browser’s “do-not-track” signal or other similar mechanism that indicates a request to disable online tracking of individual users who visit the Agency website or use our Services.
Contact Information for Complaints or Concerns
Your Acceptance of These Terms
California Supplemental Privacy Notice
THIS SUPPLEMENT IS FOR CALIFORNIA RESIDENTS ONLY
What is the CCPA?
The CCPA is a California law that provides California residents certain rights to their personal information.
California residents, called “consumers” in the CCPA, have the following rights:
We will explain more about how to exercise these rights below.
When we talk about “personal information” under the CCPA, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or household. Personal information does not include publicly available information or information that is deidentified or aggregate consumer information. The CCPA does not apply to personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994. It also doesn’t apply to health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
Scope of the California Privacy Notice.
Agency offers its services to be used by its customers and most of the personal information we process is done at their direction. This California Privacy Notice only describes our processing activities for data that we own and control. If you are a California resident interacting with our site as a subscriber to one of our customers’ businesses, all of your data is owned by such customer(s) and we recommend you contact them about their practices under the CCPA.
This California Privacy Notice does not apply to personal information we collect from employees or job applicants in their capacity as employees or job applicants. It also does not apply to personal information we collect from employees, owners, directors, officers, or contractors of businesses in the course of our provision or receipt of business-related services. Therefore, any responses pursuant to the CCPA may exclude those categories of personal information.
Information We Have Collected About Consumers in the Preceding 12 Months.
All of the categories of personal information we collect about you (as detailed below) come from the following categories of sources:
The following chart sets out the CCPA categories of personal information we have collected from consumers within the last twelve (12) months.
Categories of Personal Information We Collect
Categories of Third-Parties with Which We May Share that Information
Identifiers (such as name, address, email address)
Commercial Information (such as transaction data)
Financial Data (such as billing information)
Internet or Other Network or Device Activity (such as browsing history or app usage)
Location Information (e.g. inferred from your IP address)
Professional or Employment-Related Data (such as the name of your employer)
Legally Protected Classifications (such as gender and marital status)
Other Information that Identifies or Can Be Reasonably Associated with You
The Purposes for Which Personal Information is Collected.
We may collect the personal information we collect for one or more of the following business purposes:
Sale of Your Personal Information.
The CCPA defines a “sale” of personal information as the disclosure, sharing, or making available of a consumer’s personal information by a business to another business or third-party for monetary or other valuable consideration. It is not a sale if a consumer uses or directs the business to intentionally disclose personal information or uses the business to intentionally interact with a third-party. Agency does not monetize your personal information. We share certain information about your device and interaction with our digital properties to enhance your experience with us and to engage in the legitimate business purpose of advertising and marketing.
Exercising Your California Privacy Rights.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. Agents must submit proof that they have been authorized by the consumer to act on their behalf. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We verify requests by sending a confirmation email to the requestor and by matching the identifying information provided by the consumer to the personal information already maintained by us. We cannot respond to your request or provide you with personal information if we cannot: (i) verify your identity or authority to make the request; and (ii) confirm the personal information relates to you. If we are unable to verify the identity of a consumer to a sufficient degree of certainty, we will deny the request and explain the reason for the denial.
If you would like further information regarding your legal rights under applicable law or would like to exercise any of them, please contact us via [email protected]
You may only make a verifiable request for access or data portability twice within a 12-month period. California residents may exercise their California privacy rights by submitting your request to [email protected]
If you wish to exercise any of these rights and do not have an account with us, please contact us via: [email protected] and we will request additional information to perform identity verification where possible.
Other California Privacy Rights.
In addition to the CCPA, the California Civil Code permits California residents with whom we have an established business relationship to request that we provide you with a list of certain categories of personal information that we have disclosed to third-parties for their direct marketing purposes during the preceding calendar year. To make such a request, please contact us at [email protected] and mention that you are making a “California Shine the Light” inquiry.
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