California Supplemental Privacy Notice

September 16, 2020


GrowthDay are big fans of keeping information simple for our users and we have worked hard at this in our Privacy Policy and Terms of Use, which all users are bound to.  This California Supplemental Privacy Notice (“California Privacy Notice”) supplements the information contained in the Privacy Policy and applies solely to visitors, users, and others who are residents of the State of California. This section describes your rights under the California Consumer Privacy Act of 2018 (“CCPA”) and other California laws. Any terms defined in the CCPA have the same meaning as when used herein. 

While we have set out the categories below as required by the CCPA, you can review our Privacy Policy for examples and other information that describes our data collection and use, which will not change under this notice.

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: 

  • The right to request that we disclose certain information to you about our collection and use of personal information over the past 12 months.
  • The right to request that we delete any of your personal information that we collect from you and retained, subject to certain exceptions.
  • The right to opt-out of the sale of personal information by us. 
  • The right not to receive discriminatory treatment by us for exercising the privacy rights conferred by the CCPA. 

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.

GrowthDay 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:

  • You, including through your use of our services and product;
  • Automatically collected from you; and
  • Third parties, such as when you give permission to social networks to share your information with us or where you have made your personal information publicly available online.

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)
  • Third parties (such as our service providers and integration partners) or your organization (through its purchase of an Enterprise account with us)
  • Our affiliate companies
  • Aggregators (such as analytics services)
Commercial Information (such as transaction data)
  • Third parties (such as our service providers)
  • Our affiliate companies
  • Aggregators (such as analytics services)
Financial Data (such as billing information)
  • Third parties (such as our service providers and integration partners)
  • Our affiliate companies
Internet or Other Network or Device Activity (such as browsing history or app usage)
  • Third parties (such as our service providers and integration partners)
  • Our affiliate companies
  • Aggregators (such as analytics services)
Location Information (e.g. inferred from your IP address)
  • Third parties (such as our service providers and integration partners)
  • Our affiliate companies
  • Aggregators (such as analytics services)
Professional or Employment-Related Data (such as the name of your employer)
  • Third parties (such as our service providers and integration partners)
  • Our affiliate companies
  • Aggregators (such as analytics services)
Legally Protected Classifications (such as gender and marital status)
  • Third parties (such as our service providers and integration partners)
  • Our affiliate companies
Other Information that Identifies or Can Be Reasonably Associated with You
  • Third parties (such as our service providers and integration partners)
  • Our affiliate companies
  • Aggregators (such as analytics services)

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: 

  • Providing our services (for example, account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about our services);
  • For our operational purposes, and the operational purposes of our service providers and integration partners;
  • Improving our existing product and services and developing new products and services (e.g., by conducting research to develop new products or features);
  • Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;
  • Bug detection, error reporting, and activities to maintain the quality or safety of our services;
  • Auditing consumer interactions on our site (for example, measuring ad impressions);
  • Short-term, transient use, such as customizing content that we or our service providers display on the product;
  • Other uses that advance our commercial or economic interests, such as third party advertising and communicating with you about relevant offers from third party partners;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Kajabi's business or assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by GrowthDay is among the assets transferred; and
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.

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. Kajabi 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. 

The CCPA requires businesses that “sell” personal information to provide California residents the right to opt out from such sales. Kajabi does not “sell” your personal information as we understand that term to be defined by the CCPA and its implementing regulations. To the extent that you have taken the position that a website’s use of third-party cookies or similar technology for advertising or analytics constitutes a “sale” under the CCPA, you may consider GrowthDay to have “sold” what the CCPA refers to as “identifiers” (e.g. IP addresses), “internet or other electronic network activity information” (e.g. information about an individual’s browsing activity on a GrowthDay website), and “commercial information” (e.g. the fact that a browser visited a webpage directed at individuals considering purchasingGrowthDay products or services). Please refer to our Privacy Policy for more information, including how to exercise your rights to opt-out or manage your cookie preferences.   

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.