Privacy Notice

1. Introduction

Kajabi, LLC, Kajabi Financial, LLC, and our affiliated entities (collectively the "Kajabi," "we," "our," "us") knows that you care about how your personal information is used and shared. We take your privacy seriously and want to outline the measures we employ in safeguarding your personal information. All capitalized terms not defined herein shall have the meaning attributed to them in Kajabi’s Platform Terms of Services (“Platform Terms”).

This Privacy Notice covers Kajabi's treatment of information collected when you access the Platform. 

We recommend that you read this Privacy Notice carefully as it provides important information about your personal information and your rights under the law.

2. Who This Privacy Notice Applies to

This Privacy Notice applies to information we collect:

• on the Platform; 
• at one of our on-site locations, events, or conferences; or
• in email, text or other electronic messages between you and the Platform.

It does not apply to information collected by any third party, including through any application or content that may link to or be accessible from or on the Platform. Furthermore, it does not apply to Customers. If you are a Customer of a Hero, Kajabi only acts as a service provider or processor of your data. If you have any questions or would like to exercise your data rights in your applicable jurisdiction, please contact the Hero directly. Finally, this does not apply to job applicants, candidates, or workforce members of Kajabi. If you are an applicant, candidate, or workforce member of Kajabi, please visit our Candidate Privacy Notice or contact HR for a copy of the Employee Privacy Notice.

Please read this Privacy Notice, along with our Cookie Notice, carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, you must stop using the Platform.  By accessing or using the Platform or using any of our services, you acknowledge that you have read and accept the practices and policies outlined in this Privacy Notice, our Platform Terms, and any other Kajabi policies or agreements in place at that time. Your visit and any dispute over privacy is subject to this policy and our Platform Terms, including limitations on damages and binding arbitration. We reserve the right to make changes to this Privacy Notice from time to time.  Your continued use of this Platform after we make changes is deemed to be acceptance of those changes, so please check periodically for updates. This Privacy Notice will be updated at minimum, annually, or as may be required to conform to applicable laws.

IF YOU ARE CALIFORNIA RESIDENT: If you are a resident of California, this entire Privacy Notice applies to you. However, please see Additional Information for California Consumers below, which will inform you in detail about our information collection practices and your specific rights.

IF YOU ARE NEVADA RESIDENT: If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

IF YOU ARE EEA/UK RESIDENT: If you are a resident of the EEA or the UK, this entire Privacy Notice applies to you. However, please see Additional Information for European Consumers below, which will inform you in detail about our information collection practices and your specific rights.

3. Users Must Be At Least 18

Users of our Platform must be at least 18 years old; any user under 18 is not authorized.  Our Platform is not targeted to children under age 18. Additionally, we do not knowingly collect any personal information from children under 18 years of age.

If you have reason to believe that a child under the age of 18 has provided personal information to Kajabi through this Platform, please contact us, and we will endeavor to delete that information from our databases. ‍

4. Information We Collect and How We Collect It

We collect several types of information from and about users of the Platform or services, including information:

• by which you may be personally identified, such as name, postal address, e-mail address, phone number, or any other identifier by which you may be contacted online or offline ("personal information");
• you may submit to us, including any Content;
• about your preferences and demographics;
• geolocation, including precise and regional;
• about you individually but does not identify you;
• about your internet connection, the equipment you use to access our Platform, and Platform usage details;
• account information and login credentials;
• chat modules, messaging and email data, including related metrics;
• occupation history;
• financial and economic information;
• survey and general research data; 
• contests, sweepstakes and prize drawings data;

We collect this information:

• directly from you when you provide it to us, such as when you create and account, or contact us with inquiries; and
• automatically as you use the Platform.  Information collected automatically may include usage details, and information collected through cookies.

By voluntarily providing us with any such information, you are consenting to our use of it in accordance with this Privacy Notice.  You can choose not to provide us with certain information, but then you may not be able to take advantage of many features or opportunities.

Automatically Collected Information

Upon engaging the Platform or services, the Kajabi automatically receives and records information on our server logs from your browser, including but not limited to your IP address, the type of browser used, identity and type of device used, cookie information, the page you requested, and duration of activity on our Platform. Kajabi may store such information itself or such information may be included in databases owned and maintained by Kajabi affiliates within our corporate family, agents or service providers. This information may be used to customize the content you see on our Platform or to communicate with you about opportunities. This information provides us with the type of user who is accessing our Platform and certain browsing activities of that user. We may make extensive use of this data at an aggregated level in order to understand, among other things, how our Platform is being used. Kajabi may share this aggregate data with its affiliates within our corporate family, agents and business partners.  Kajabi may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.  Please note that we have the ability to retain any data that you provide or that we collect on our Platform, even if you have not created an account, logged in or if you do not use our Platform. For example, such contact details and data may be used to contact you to share opportunities or for marketing purposes.

Cookies

We use "cookies" and other tracking technologies to improve your experience and to save you time and when visiting the Platform. Cookies are little tags that are placed onto your computer. We assign a cookie to your computer when you first visit us in order to enable us to recognize you each time you return. Cookies allows us to customize the Platform to your individual preferences in order to create a more personalized experience. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Platform’s features. For more information on our use of cookies and the data they collect, see our Cookie Notice.

Do Not Track

We may track users’ use of the Platform, but because there is no common understanding of what a “Do Not Track” signal is supposed to mean, we will not respond to browser Do Not Track (DNT) signals. For more information on DNT settings generally, please visit https://allaboutdnt.com.

Google API

Kajabi uses Google’s Application Programming Interface (API) Services to enable the use of certain Platform features (i.e. use of your Gmail account to calendar events from the Platform’s Coaching feature). Kajabi’s use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. The information collected and used with these API services includes personal data such as email addresses, calendar information, and first and last names. Your Google information is used by our system developers to provide or improve user-facing features that are prominent to your user experience. For purpose of clarity, Kajabi does not use the information received through Google API Services for marketing purposes and does not share the same to third parties, except with your consent.

5. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To provide the Platform and its contents to you.
• To process transactions and fulfill orders, including billing and collections.
• To register a user.
• To provide you with marketing and promotions, and for us to audit the same.
• To provide you with information, opportunities, or services, including customer support, that you request from us.
• To provide you with notices about your account, promotions, partner agreement, or other agreements.
• To carry out our obligations and rights arising from any contracts entered into between you and us.
• To defend against claims and litigation.
• To enforce our policies and protect against security incidents, including to prevent fraud, malicious, deceptive or illegal activity.
• To notify you about changes to the Platform or any products or services we offer to provide through it.
• To fulfill any other purpose for which you provide it.
• In any other way we may describe when you provide the information.
• For any purpose with your consent.

You may notify us to opt-out from receiving certain marketing emails and each marketing email will include an opt-out button or unsubscribe link.

6. Disclosure of Your Information

Kajabi is not in the business of selling your information. We have the right to disclose aggregated information about our users, and information that does not identify any individual.  We may disclose personal information that we collect or you provide in accordance with this Privacy Notice:

• To our subsidiaries and affiliates within our corporate family.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kajabi's assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by Kajabi about our Platform users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• To our professional advisors, including lawyers, accountants, consultants, security professionals and other similar parties when disclosure is reasonably necessary.
• With your consent.
• To third party advertising partners who may use data to serve ads for us and provide us with analytics.
• To third party vendors who may use data to provide you additional services and products.

We may also disclose your personal information:

• To comply with a subpoena, court order, administrative or governmental order, or any other requirement of law.
• If Kajabi, in its sole discretion, deems it necessary in order to protect its rights or the rights of others, to prevent harm to persons or property, to fight fraud and credit risk.
• To enforce or apply our Platform Terms, and other agreements or policies, including for billing and collection purposes.

7. Data Security

Kajabi takes commercially reasonable steps to protect the personal information provided via the Platform from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. including but not limited to encryption in transit and at rest, role based access controls, strong authentication requirements, and active monitoring of all information shared. However, not all Internet or e-mail transmissions are fully secure or error free. In particular, e-mail or forms sent to or from this Platform may not be fully secure in transit. Therefore, you should take special care in deciding what information you send to us via e-mail or through a form. Please keep this in mind when disclosing any personal information to Kajabi via the Internet. Your Kajabi account personal information is protected by a password and, in some scenarios, we may offer Multi-factor Authentication (MFA) for your privacy and security. You are responsible for protecting against unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. Any transmission of personal information is at your own risk.  We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

8. Links to Other Websites

This Privacy Notice applies only to the Platform. This Platform may contain links to other web sites not operated or controlled by Kajabi (the “Third Party Sites”), e.g., Facebook, Twitter, Instagram, YouTube, LinkedIn, and TikTok. The policies and procedures we described here do not apply to the Third Party Sites. The links from this Platform do not imply that Kajabi endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.‍

9. Social Media

We use social media plug-ins (e.g., Facebook, Twitter, Instagram, TikTok). These features may collect your IP address and/or other information as set forth in each social platform’s Privacy Notice, which page you are visiting on our Platform, and may set a cookie to enable the feature to function properly. Kajabi also has a presence on some social media platforms, including YouTube, Instagram, LinkedIn, TikTok, and Facebook. Through our social media platform or our accounts on social medial platforms, we may in some instances collect personal information when you interact with the Kajabi accounts or otherwise communicate with us through those accounts or on these platforms. Any information that you post on social media is governed by each social platform’s privacy notices, and any personal information that we collect via our social media accounts or on our Kajabi forums will be processed in accordance with this Privacy Notice.

10. Other Terms and Conditions

Your access to and use of this Platform is subject to the Platform’s Platform Terms.

11. Access to Information; Managing Communications; Contacting Kajabi

To keep your personal information accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct personal information in our possession that you have previously submitted via this Platform. Note that you may also manage your communications preferences and the receipt of any commercial communication by clicking the “unsubscribe” link included at the bottom of all emails from Kajabi.

If you have any questions or concerns regarding this Privacy Notice and our privacy practices, please send us a detailed message to privacy@kajabi.com and we will make every effort to resolve your concerns. You may also contact us at the address below:

Kajabi, LLC 880 Newport Center Dr., Suite 100, Newport Beach, CA 92660.

12. Additional Information for California Residents

This Additional Information for California Residents supplements the information contained in the Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California (“Consumers”). We have created this notice in order to comply with the California Consumer Privacy Act of 2018, and the later, California Privacy Rights Act of 2020 (collectively, “CCPA”). All capitalized terms not defined in this Section XII shall have the respective meanings given to them in the CCPA.

Categories of Information We Collect

We collect Personal Information as that term is defined in CCPA: information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or device. In particular, within the last twelve (12) months, we have collected the following categories of Personal Information from Consumers:

• Identifiers
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Protected classification characteristics under California or federal law
• Professional or employment-related information
• Commercial information
• Internet or other similar network activity
• Inferences drawn from other Personal Information
• Geolocation Data
• Messages, email, and chat data
• Sensory Data
• Government identifiers
• Complete account access credentials
• Other personal information

Personal Information does not include:

• Publicly available information from government records.
• Deidentified or aggregated Consumer information.
• Certain other information that is already regulated by other laws or regulations.

As explained in more detail here, we obtain the categories of Personal Information listed above from the following categories of sources:

Directly from you. For example, when you sign up on the Platform or for services. This includes the following categories of Personal Information:

• Identifiers
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Protected classification characteristics under California or federal law
• Professional or employment-related information
• Commercial information
• Government identifiers
• Complete account access credentials
• Other personal information

Indirectly. For example, from observing your actions on our Platform or by use of our services, including by the use of cookies or from third parties. This includes the following categories of Personal Information:

• Internet or other similar network activity
• Inferences drawn from other Personal Information

By observing Consumers’ behavior through their activity on the Platform. This includes the following categories of Personal Information:

• Internet or other similar network activity
• Inferences drawn from other Personal Information

Use of Personal Information

We may use, or disclose the Personal Information we collect for one or more of the following business purposes:

‍

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

How Long Do We Keep Your Personal information?

General Retention Periods

We use the following criteria to determine our retention periods: the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal data, the length of time we have an ongoing relationship with you and provide you with access to our services and/or Platform, and applicable legal requirements. We will retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements). We will also retain personal information we collect from you, for your convenience, where you have an active account, have not requested to delete or you have asked us to retain it. Additionally, we cannot delete information when it is needed for the establishment, exercise or defense of legal claims (also known as a “litigation hold”). In this case, the information must be retained as long as needed for exercising respective potential legal claims.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives or you have asked us to keep it or we believe it will be most convenient for you), we will securely store your personal information and isolate it from any analytics tracking until deletion is possible.

For any questions about data retention, please contact: privacy@kajabi.com.

Disclosure of Personal Information

Kajabi may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the services for us.

As explained in more detail above, we share your Personal Information with certain categories of third parties who assist us in providing our Platform and products and with our business.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Kajabi has disclosed the following categories of Personal Information for a business purpose:

• Identifiers
• Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
• Commercial information
• Internet or other similar network activity
• Inferences drawn from other Personal Information
• Protected classification characteristics under California or federal law
• Government identifiers
• Complete account access credentials
• Other personal information

We disclose your Personal Information for a business purpose to the following categories of service providers or third parties:

• Companies that do things to help us provide the Platform and/or our services: hosting service providers, user engagement and email service providers, certain analytics providers, payment service providers, communication tools, identity verification providers or other tools we may provide you.
• Professional service providers, such as auditors, lawyers, consultants, accountants and insurers.

Your Rights and Choices

The CCPA provides Consumers with specific rights regarding their Personal Information, provided that we are able to verify their identities as explained below. This section describes some of your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive your request and verify your identity (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of Personal Information we collected about you.
• The categories of sources for the Personal Information we collected about you.
• Our business or commercial purpose for collecting or selling that Personal Information.
• The categories of third parties with whom we share that Personal Information.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:

• sales, identifying the Personal Information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Deletion Request and Correction Request Rights

You have the right to request that we delete or correct any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive your request and verify your identity (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) or correct (and direct our service providers to correct) your Personal Information from our records, unless an exception applies. As an alternative to correction, we may delete the inaccurate information if it does not negatively impact you or if you consent to this deletion. Kajabi reserves the right to deny a correction request if allowed under the law or if we determine that the contested information is more likely than not accurate, based on the totality of circumstances. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide products or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another Consumer to exercise that Consumer’s right of free speech, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Enable solely internal uses that are reasonably aligned with Consumer expectations based on your relationship with us.
7. Comply with a legal obligation.
8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Limit Use and Disclosure of Sensitive Personal Information

You have the right to request that we delete any of your Sensitive Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive your request and verify your identity (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your request to limit certain uses and disclosures of your Sensitive Personal Information for the following purposes: 

1. Providing the Platform or our products or services as reasonably expected of an average Consumer;
2. Detecting security incidents affecting personal information on our Platform, provided that the use of the Consumer’s Sensitive Personal Information is reasonably necessary and proportionate for this purpose;
3. Resisting malicious, fraudulent, or illegal actions against us and prosecuting persons responsible for such actions, provided that the use of the Consumer’s Sensitive Personal Information is reasonably necessary and proportionate for this purpose;
4. Ensuring the physical safety of an individual, provided that the use of the Consumer’s Sensitive Personal Information is reasonably necessary and proportionate for this purpose;
5. Short-term, transient use, including non-personalized advertising shown as part of a Consumer’s current interaction with our Platform, provided that we do not build a profile about the Consumer or alter the Consumer’s experience outside their current interaction with us;
6. Performing services on behalf of another business (g., maintaining accounts, processing orders or transaction);
7. Verifying or maintaining the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, or improving, upgrading, or enhancing the services or device owned, manufactured, manufactured for, or controlled by us; or
8. To collect or process sensitive personal information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

Exercising Access, Data Portability, and Deletion Rights

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable Consumer request related to your Personal Information. You may also make a verifiable Consumer request on behalf of your minor child.

An authorized agent is a natural person or a business entity registered with the Secretary of State that a Consumer has authorized to act on his or her behalf. When a Consumer uses an authorized agent to submit a request to know or a request to delete, we may require that the Consumer provide the authorized agent written permission to do so and verify their own identity directly with us, unless the Consumer has provided the authorized agent with a valid power of attorney. We may deny a request from an agent that does not submit proof that they have been authorized by the Consumer to act on his or her behalf.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us by either: toll free call at (800)-452-5224 or online at Data Request Portal. You may only make a verifiable Consumer request for access or data portability twice within a 12-month period. The verifiable Consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable Consumer request does not require you to create an account with us. However, we do consider requests made through our portal with a verified email as a reasonable step toward verification when the request relates to Personal Information associated with that specific account.. Please note that the methods for verification are set forth in the CCPA, which also requires us to consider a number of factors, such as type, sensitivity and value of the Personal Information or risk of harm posed by unauthorized access or deletion, on a case-by-case basis.

We will only use Personal Information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable Consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable Consumer’s request. If applicable, our response we provide will also explain the reasons we cannot comply with a request. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable Consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Sale; Non-Discrimination

Kajabi does not sell personal information. However, certain privacy laws and regulations can define "sale" to broadly include nearly all online business activity. For example, under the CCPA, “personal information” includes information that is not necessarily directly tied to an individual’s identity but may be associated with a device. This includes identifiers such as IP addresses, web cookies, web beacons, and mobile Ad IDs. In many cases, this type of information does not directly identify you, but they are unique identifiers that could be linked to you and therefore covered by the CCPA. The term “sell” is broadly defined by the CCPA to include not just selling in exchange for money, but also sharing personal information (including information that does not directly identify an individual as described above) in exchange for anything of value. Under the CCPA’s broad definition of “sell,” which includes even the common flow of information in the digital analytics and advertising ecosystem, Kajabi could be defined as selling personal information. Like most companies that operate websites, Kajabi uses online analytics to measure the ways users engage with our Platform and to provide targeted marketing. These analytics, in turn, inform how we perform online advertising. In order to provide these analytics and facilitate online advertising, we use third-parties that collect device identifiers and place tags, cookies, beacons, and similar tracking mechanisms on our digital properties and on third-party digital properties as set forth in our Cookie Notice.  You may opt-out of this sharing by clicking here.

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. While you may request to delete your Personal Information under CCPA, such deletions may affect Kajabi’s ability to offer the Platform or to sell our products to you.

13. Additional Information for European Economic Area (“EEA”) or United Kingdom (“U.K.”) Residents.

This Additional Information for EEA and U.K. Residents supplements the information contained in the Privacy Notice and applies solely to all visitors, users, and others who reside in EEA and U.K. We have created this notice in order to comply with the European Union’s General Data Protection Regulation and later U.K. General Data Protection Regulation (collectively, “GDPR”). All capitalized terms not defined in this Section XIII shall have the respective meanings given to them in the GDPR. 

Categories of Recipients of Personal Data

The categories of recipients of Personal Data with whom we may share your personal data are listed in Disclosure of Your Personal Information above.

Purpose of the Processing and Legal Bases

Kajabi processes your personal information for a number of different purposes. Some are essential for us to provide the Platform you use or to fulfill our legal obligations, some help us run the Platform efficiently and effectively, and some enable us to provide you with more relevant and personalized offers and information. In all cases we must have a reason and a legal ground for processing your personal information. Some of the most common legal grounds we rely on are briefly explained below.

• Performance of a Contract: We may process your personal data for the purpose of performing under the terms of a contract to which you are a party - in other words, your ability to use the Platform. For instance, if you process payments for your end customers through the Platform, we will process your data in order to carry out the payment transaction.
• Legitimate Interests We may process personal data where it is necessary for our legitimate business interests, but only to the extent that they are not outweighed by your own interests or fundamental rights and freedoms. We generally rely on legitimate interests to provide and maintain the Platform that work well and securely, to carry out fraud prevention, and to generally improve the Platform. When we rely on this legal basis, if required, we will carry out a legitimate interest assessment to ensure we consider and balance any potential impact on you (both positive and negative), and your rights under data protection laws.
• Consent: Kajabi will rely on consent where it is required, such as when we are asking you to confirm your marketing preferences or when you submit sensitive data. When we rely on consent, you will be asked to confirm that you give your permission to Kajabi to process your personal data. You have the right to withdraw your consent at any time if you no longer want to be part of the Kajabi processing activity where your consent was sought.
• Legal Obligation Kajabi will on occasion be under a legal obligation to obtain and disclose your personal data or may cooperate in a legal or governmental investigation. Where possible, we will notify you when processing your data due to a legal obligation; however, this may not always be possible. Kajabi may determine that it needs to provide your data in order to prevent criminal activity or help to detect criminal activity; in which case, we may share information with law enforcement without notifying you. It is essential that Kajabi complies with its legal, regulatory, and contractual requirements, so if you object to this processing, Kajabi will not be able to provide its Platform to you.

Below are the general purposes and corresponding legal bases (in brackets) for which we may use your personal information:

• Providing you access to and use of the Platform [depending on the context, performance of a contract, legitimate interests, and in some cases, legal claims].
• Processing and completing transactions, and sending you related information, including purchase confirmations and invoices and important notices [depending on the context, performance of a contract or legitimate interests].
• Responding to your queries and requests, or otherwise communicating directly with you [depending on the context, performance of a contract, legitimate interests, and in some cases, legal claims].
• Improving the content and general administration of the Platform, including system maintenance and upgrades, enabling new features and enhancements [legitimate interests].
• Detecting fraud, illegal activities or security breaches [legitimate interests].
• Ensuring compliance with applicable laws [compliance with a legal obligation].
• Conducting statistical analyses and analytics by monitoring and analyzing trends, usage, and activities in connection with the Platform [consent where required (e.g. 3rd-party cookies), or legitimate interests].
• Increasing the number of customers who use our Platform through marketing and advertising [consent where required, or legitimate interests].
• Sending commercial communications, in line with your communication preferences, about products and services, features, newsletters, offers, promotions, and events [consent and in some cases, depending on location, with existing customers, legitimate interests].
• Providing information to regulatory bodies when legally required, and only as outlined below in this Privacy Notice [legal obligation, legal claims, legitimate interests].

How Long Do We Keep Your Personal Data?

We use the following criteria to determine our retention periods: the amount, nature and sensitivity of your information, the reasons for which we collect and process your personal data, the length of time we have an ongoing relationship with you and provide you with access to our Platform, and applicable legal requirements. We will retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax, or accounting requirements), when we are unable to reasonably verify your identity, or as may otherwise be required under GDPR. Additionally, we cannot delete information when it is needed for the establishment, exercise, or defense of legal claims (also known as a “litigation hold”). In this case, the information must be retained as long as needed for exercising respective potential legal claims.

When we have no ongoing business need to process your personal information, we will either delete or anonymize it. If you have questions about, or need further information concerning, our data retention periods, please send an email at privacy@kajabi.com. 

Staying in Control of Your Information: Your Rights

If you are in the EEA or the U.K., you have certain rights in relation to your personal data, including those set forth below. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, if an exception applies, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include personal data, if necessary to verify your identity and the nature of your request.

• Access: You can request more information about the personal data we hold about you and request a copy of such personal data.

• Rectification: If you believe that any personal data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data.

• Erasure: You can request that we erase some or all of your personal data from our systems.

• Withdrawal of Consent: If we are processing your personal data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide consent on a case-by-case basis for the use or disclosure of certain of your personal data, if such use or disclosure is necessary to enable you to utilize some or all of our Platform.

• Portability: You can ask for a copy of your personal data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

• Objection: You can contact us to let us know that you object to the further use or disclosure of your personal data for certain purposes, such as for direct marketing purposes.

• Restriction of Processing: You can ask us to restrict further processing of your personal data.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights) unless your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request under those circumstances.

We will respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated as required by law.

In addition, if you no longer wish to receive our marketing/promotional information, we remind you that you may withdraw your consent to direct marketing at any time directly from the unsubscribe link included in each electronic marketing message we send to you. If you do so, we will promptly update our databases, and will take all reasonable steps to meet your request at the earliest possible opportunity, but we may continue to contact you to the extent necessary for the purposes of providing our Platform.

Finally, you have the right to make a complaint at any time to the supervisory authority for data protection issues in your country of residence. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en. We would, however, appreciate the chance to address your concerns before you approach the supervisory authority, so please contact us directly first.

Exercising Your Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable request to us by either: email at privacy@kajabi.com or online at Data Request Portal.

Contacting our Representative in the EEA or the U.K.

• If you are in the EEA: Kajabi has appointed the European Data Protection Office (EDPO) as its European Representative pursuant to Article 27 of the GDPR. You can contact EDPO regarding matters pertaining to the GDPR:

• by using EDPO’s online request form: https://edpo.com/gdpr-data-request/

• by writing to EDPO at Avenue Huart Hamoir 71, 1030 Brussels, Belgium

• If you are in the U.K.: Kajabi has appointed EDPO UK Ltd as its representative in the U.K. pursuant to the Data Protection Act 2018 (“U.K. GDPR”). You can contact EDPO UK regarding matters pertaining to the U.K. GDPR:

• by using EDPO’s online request form: https://edpo.com/uk-gdpr-data-request/

• by writing to EDPO UK at 8 Northumberland Avenue, London WC2N 5BY, United Kingdom

14. International Transfers

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF, Kajabi commits to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF and the Swiss-U.S. DPF.

Kajabi complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce.  Kajabi has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Kajabi has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF.  If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern.  To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit https://www.dataprivacyframework.gov/

Further, Kajabi's compliance with the DPF is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. In accordance with the DPF, Kajabi is also liable for onward transfers to third parties that process personal information in a way that does not follow the DPF unless Kajabi was not responsible for the event giving rise to any alleged damage.

If you are accessing or using our Platform or otherwise providing personal information to us, you are agreeing and consenting to the processing of your personal information in the United States and other jurisdictions in which we operate.