Introduction
Lernify
“we,” “us,” or “our”) respects the privacy concerns of our customers, the members of Lernify businesses, and all users of our website,
https://app.gohighlevel.com/v2/preview/GU28USrVlZsIhiUAbaKh
and any other website or mobile application owned, operated, or controlled by us (the “Lernify Site,” and together with the insights, analytics, and other features we make available through our products and services, is collectively referred to as the “Platform”).
We are committed to protecting and respecting your privacy.
This Privacy Policy (the “Privacy Policy”) and any other documents referred to in it sets forth the basis on which any personal data we collect from you, or that you provide to us, in connection with the Product will be processed by us. We are providing this Privacy Policy so that you can better understand how we collect, use, and share information that is gathered using our Platform.
Our privacy practices are subject to the applicable laws of the places in which we do business, so we have added region-specific terms that only apply to customers located in certain geographic regions, or as required by applicable laws.
This Privacy Policy includes the following sections:
Scope of this Notice Personal Data We Collect and How We Use It
Personal Information You Give Use Personal Information
We Derive Through Your Use of Our Platform Personal Information We Collect From Third Parties
What We Do With Your Personal Information Our Legal Grounds for Processing Your Personal Information Our Sharing of Your Personal Information Publicly Posted Content Data Retention Data Security International Data Transfers Your Privacy Rights and Choices Children’s Data Jurisdiction-Specific Privacy Disclosures Changes to this Notice Contact us
Scope Of This Notice
This Privacy Policy describes our practices for collecting, using, maintaining, protecting and disclosing (“processing”) your personal information when you use our Platform, such as when you:
Visit the Lernify Site and any other sites or applications or mobile applications that link to this Privacy Policy; Create and maintain an account on our Platform ;Visit a site residing on the Platform ;Make a payment through Lernify; Attend a virtual event or webinar hosted by us, or otherwise engage with our interactive or pre-recorded content; Make a purchase or other transaction with us; Subscribe to or engage with our newsletters or other electronic communications; interact with our social media pages ;Click on our ads posted on third-party sites; Communicate with our customer support representatives or features (including via chat functions, email, text, or phone);Use our Platform; or Anywhere else we collect information from you and refer to this Privacy Policy.
This Privacy Policy also applies to the personal information we collect from third parties about you.
This Privacy Policy
does not apply to
Third-Party Sites. Websites, apps, videos (embedded or direct links), or other content (each a “Linked Site”) to which we link that are not operated by us. Linked Sites have their own personal information collection and use practices, and we are not responsible for those practices. We encourage you to read each Linked Site’s privacy disclosures to understand how your personal information is processed. Personal Information We Process for Customers. Lernify acts as a processor of personal information for its customers (e.g., Heroes), and others. This Privacy Policy does not apply to the processing of personal information we undertake on the Heroes’ behalf at their direction. These parties’ respective privacy policies or notices govern their collection and use of the personal information for which they are the controller. Any processing of this information that we conduct on behalf of Heroes or partners is governed by the contracts that we have in place with these parties and not this Privacy Policy. Any questions or requests relating to this data collection or processing by Heroes or partners should be directed to those parties. Workforce Members and Candidates. Our processing of the personal information of job applicants/candidates and workforce members is not governed by his policy. That processing is described in our Candidate Privacy Notice .Non-Personal Information. Our processing of information that cannot be linked to an identifiable or identified individual. We may process this data for any legitimate business purpose.
Personal Data We Collect And How We Use It
Personal information (sometimes called “personal data”) is a broadly defined term whose legal definition varies across jurisdictions. When used in this Privacy Policy, “personal information” includes information that is reasonably capable of identifying a particular individual (including through their device) either alone or when combined with information from other sources.
The personal information we collect about you depends on the nature and context of your interaction with our Lernify and our Platform.
It may also depend on various choices you make about how to use the Platform we offer, the functionality and features you choose or enable, your location, the devices you use to interact with our Platform, and applicable law.
The following describes the personal information we collect about you and the way we collect it.
Personal Information You Give To Us
We may collect the following categories of personal information you provide to us, including the following:
Your Personal Details. For example, your first and last name, email address, phone number, physical address, job titles, and other contact information you provide.
Account and Other Identifiers. For example, a username, screen name, handle, account ID, assigned user ID, customer number, or similar identifier that can be used to identify a user or account.
User Content. For example, emails and text messages, photos, videos, audio recordings, customer support communications, comments/feedback, and any other content submitted by you.
Survey Data. We may contact some individuals to request participation in a survey or other general research. If you choose to take part in these, you may provide personal information, in or along with your survey responses, or in any other feedback or comments you give us.
Contests, Sweepstakes, and Prize Drawings Data. If you take part in a contest, sweepstakes, or prize drawing, then you may provide personal information, feedback, or comments to enter, or as part of the contest, sweepstakes, or prize drawing.
Messages and Email Data. We collect information about you when you send, receive, open, read or otherwise engage with messages, email, or other communications in connection with our Platform, including whether you have opened or acted on those communications. Social Media Content. For example, interactions with our social media pages and content you post on them. If you use a social media provider to register or login to your Lernify account, we will receive your personal information from them.
Other Personal Information You Provide. If you provide us personal information other than that described above, we will collect it and use it for the purposes for which you provide it or other consistent purposes.
Inferences. In certain instances, we may infer personal information about you based on the information you have provided to us or that we have collected about you.
Chat Modules. We may collect certain categories of personal information from you when you use our interactive chat module. By interacting with the chat box, you consent to our collection practices and understand and acknowledge that we may use this data to communicate with you about our Platform.
Payment Processing Information. For example, the form of payment, payment card number and details, bank account number, payment service provider, and other payment information you provide.
Demographic Information. For example, information that reveals your racial or ethnic origin, religious or philosophical beliefs, union membership, political opinions, or sex life or sexual orientation.
Precise Geolocation. You may choose to grant our Platform permission to access your device’s precise geolocation, which we may use to confirm your address and help us operate or personalize our Platform, including by tagging posts, providing information on or adding information to a map, and helping us show you more relevant content or ads.
Personal Information We Derive Through Your Use Of Our Platform
We and our third-party partners use cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively, “tracking technologies”) to gather information when you interact with our websites, mobile apps, and email communications. We use some of these tracking technologies to help us optimize and maintain the security of our websites and your account. We also use them for compatible purposes like saving your preferences, fixing errors, and ensuring consistent service of our websites and mobile apps. For additional information on our use of cookies, please visit our
Cookie Notice
.
We permit third parties to use tracking technologies on our websites for analytics and advertising, including to help manage and display advertisements, to tailor advertisements to your interests, and provide metrics on advertising effectiveness. The third parties use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.
The information we collect using these technologies includes:
Device and Browser Identifiers. For example, an assigned user ID, IP address, or similar identifier that can be used to identify your device.
Coarse Location Information. A general approximation of your location that is not based on global position system (GPS) information.
Browsing and Search History. Information about the content you view and searches you make on the Lernify Site.
Website Log and Usage Data. Information related to our pages you viewed, the services and features you used or interacted with, your browser type and details about any links or communications with which you interacted.
Advertising Metrics. Information about the advertisements you have viewed on our Website.
Because the “Do Not Track” browser-based standard signal has yet to gain widespread acceptance, our Website(s) currently does not respond to those signals.
Personal Information We Collect From Others
We mostly collect personal information directly from you or based on your interaction with the Lernify Site. However, we also may collect personal information from third-party sources. These include Heroes, your colleagues, employers, business representatives, our Business Services Providers, Marketing and Advertising Providers, government entities, our Lernify affiliates, security services providers, other individuals, social media platforms, and other users of our Platform.
Even if you aren’t a registered user of our Platform, your information might still be collected. Some users may choose to share information about their contacts, including their name, email address, phone number, or other information. Users may also post or comment with personal information about other users.
Lernify 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). Lernify 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.
What We Do With Your Personal Information
We may use your personal information for a variety of reasons. Depending on how you interact with our Platform, these include using personal information:
Delivering Our Platform to you and providing related customer support, communication, and security. Policy Enforcement, including enforcing our terms of service, acceptable use policies, anti-spam policies, and similar policies. Advertising & Marketing to send advertisements and marketing material via physical and electronic mail relating to product specials and other promotional events or offers, perform marketing research and data analytics, and perform similar activities. Contextual and Behavioral Targeting to provide contextual customization of ads shown as part of an interaction with our website or application, using tracking technologies like cookies and pixels. Counting Ad Impressions & Website Interactions to audit interactions with our websites, applications, or advertisements, count ad impressions to unique visitors, verify the position and quality of ad impressions, and perform similar activities. Customer Service to provide customer service, maintain and service products and accounts, provide training for quality assurance purposes, and perform similar activities. Fraud Prevention to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity. Processing Transactions to process or fulfill orders and transactions, verify customer information, process payments, confirm eligibility promotional benefits, and perform similar activities. Public Health and Safety to conduct screening or temperature checks for COVID-19 symptoms or similar screening activities related to public health and safety. Defending Against Claims & Litigation to defend against or respond to potential or actual claims and litigation. Determining Employment Eligibility to determine eligibility for employment, verify references and employment history, and conduct background checks. Claims & Benefits Administration to process claims, administer benefits, and conduct employee drug tests in accordance with applicable laws. Employee & Emergency Contact Communications to communicate with our employees or individuals listed as an employee’s emergency contact.
Candidates seeking to become a member of Lernify workforce should review our
Candidate Privacy Policy
which supplements this notice.
Our Legal Grounds For Processing Your Personal Information
When we process personal information about you to comply with legal requirements or to perform our obligations under a contract with you or with our customer through whom you use our offerings, failure to provide such information may prevent or delay our fulfillment of these obligations.
To the extent required by applicable law, we will collect your personal data with your consent, where required, and in accordance with our legitimate need to provide our Platform.
Under European data protection laws, Lernify is required to rely on one or more legal bases to collect, use, share, and otherwise process the information we have about you. We describe these legal bases and some accompanying examples in more detail below.
Performing our Agreement. Lernify processes your information as is necessary to perform our contract(s) with you, including, without limitation, our Terms of Service and Lernify Payments Terms of Service, as applicable. For example:
We use your information to create your account and set you up as a registered user on Lernify .We transfer your information outside of the EU to the United States to provide our Platform.
Your Consent. Lernify processes certain information based on your consent, which you may revoke at any time. For example:
We and our partners use cookies and similar technologies, as described in more detail in our Cookie Policy, based on your consent. Where you choose a method of verification to confirm your address, we do so in accordance with your consent.If you decide to use location services in the context of Kajabi, we collect and process such location information based on your consent. We rely on your consent to tailor ads based on your activity and information on other websites and partner data, such as inferred interests.We will send you marketing communications where you have consented to receiving such communications in accordance with applicable law.
Legal Obligation. Lernify may process your information to comply with a legal obligation, a court order, or to exercise and defend legal claims. For example:
We may preserve and disclose your information if it is necessary to respond, based on applicable law, to a valid legal request (e.g., a subpoena, search warrant, court order, or other binding request from government or law enforcement).We may retain and process your information where it is necessary for compliance with applicable tax laws.
Vital Interests. Lernify may process your information in certain circumstances when it is necessary to protect your vital interests, or those of others. For example:
We may need to process your information in order to protect your life or safety or the lives or safety of others, or otherwise prevent physical injury or other harm to any person or the general public. We may preserve or share your information with law enforcement and related authorities where we have a good faith belief that it is required in the context of an imminent threat. We may share your personal data with disaster relief agencies, first responders and other individuals to facilitate disaster or emergency response efforts.
Legitimate Interests. We may process your information where it is necessary for the purposes of Lernify’ or a third party’s legitimate interests, such as those of Creators. We process your information in furtherance of the following legitimate interests:
Providing, improving, and developing our Platform. We use your information to provide our Platform, including any personalized services, and to understand and improve our business and our user relationships. Providing ads, and measurement and analytics services. We use your information to provide personalized ads both on and off Lernify and to measure and analyze the success of those ads to provide accurate and reliable reporting to our advertisers. We do so as necessary to pursue our legitimate interests in marketing and monetizing our Platform. Sending marketing communications. We rely on our legitimate interests in marketing and promoting our Services to use your contact information and send you marketing communications in accordance with applicable law, except where applicable law requires that we rely on your consent to send such communications. Sharing information for legal and safety reasons. Where required for legal and safety reasons, we may disclose information to law enforcement and related agencies and authorities in furtherance of the legitimate interests described further below.As detailed in this Privacy Policy, where we process your information based on legitimate interests, you have the right to object to such processing. Where you exercise your right to object, we will cease processing your information for that specific purpose, unless there are compelling legitimate grounds overriding your objection or where your information is processed for legal reasons.
Our Sharing Of Your Personal Information
We may share your personal information with the following:
Heroes and other Content Providers
. We collect personal information about Hero’s end users and provide information to them. We process this personal information in order to provide our Platform, maintain the security of our Platform, enforce our policies, and otherwise maintain a safe and secure Lernify platform.
Business Services Providers
. These are those persons or entities with whom we have a relationship to provide business operations services and support to Lernify . These providers may include the following:
IT Operations Providers. These include cloud computing service providers, internet service providers, data backup and security providers, functionality and infrastructure providers, and similar service providers. Operations Providers. These include service providers with whom we partner to provide day-to-day business operations, including payment processors, security vendors, business software service providers, hospitality service providers, banks, and facilities management providers. Professional Advisors. These include lawyers, accountants, consultants, security professionals, and other similar parties when disclosure is reasonably necessary to comply with our legal and contractual obligations, prevent or respond to fraud or abuse, defend ourselves against attacks, or protect the rights, property, and safety of us, our customers, and the public.
Marketing and Advertising Providers
. These include advertising, direct marketing, and lead generation providers, affiliate marketing program providers, retargeting platforms, data brokers, ad networks, marketing consultants, and similar service providers.
Affiliates
. Our affiliates include Lernify Financial, LLC, a Delaware limited liability company, and any subsidiaries, joint venturers, or other companies that we control or that are under common control with us.
Legally Required Parties/Governmental Entities
. Persons to whom we are required by law to provide information, such as pursuant to a subpoena or a court order.
Reorganization
. Persons involved in the consideration, negotiation, and completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration.
Authorized Disclosures
: To any party when authorized by the individual to whom it pertains to share it.
Publicly Posted Content
Lernify users may have the ability to post content to one or more Lernify forums, such as chat rooms and bulletin boards. 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 the removal of such posted content by contacting us at and specifically identifying the content to be removed.
Please be advised that any such removal does not ensure the complete or comprehensive removal of all traces of the content posted on the Lernify forums.
Data Retention
We will retain your personal information only for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information; the potential risk of harm from unauthorized use or disclosure of your personal information; the purposes for which we process your personal information and whether we can achieve those purposes through other means; and the applicable legal requirements. In some circumstances, you may ask us to delete your information. Additionally, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Data Security
We have implemented and maintain reasonable security procedures and practices, appropriate to the nature of the information, to protect your personal information from unauthorized access, destruction, use, modification, or disclosure. However, no security measure is perfect, so we cannot guarantee the security of your personal information. 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.
International Data Transfers
We are located and operate in the United States. By submitting personal information to us, you understand that we may transfer your personal information to a country foreign to you, including the United States, for processing. The laws that apply to the use and protection of personal information in the United States, or other countries or jurisdictions in which we transfer or process personal information, may be different from the laws and protections in your country. These transfers may include transfers to our service providers located in foreign jurisdictions. Whenever we engage a service provider, we require that its privacy and security standards adhere to our requirements and applicable privacy laws.
Your Privacy Preferences
You can control the collection and use of personal information for some of our processing activities. This includes:
Adjusting Communication Preferences
Emails From Lernify.
During the registration for Lernify, you were presented with an opt-in to receive email communications. If you wish to no longer receive email communications, you can click on the “unsubscribe” link located at the bottom of the email, email Lernify at
to let us know, and we will remove you as soon as possible. Opting out of marketing or newsletter emails will not opt you out of all emails—we may need to send you transactional or similar emails related to your Lernify account, purchases, legal or contractual updates, or similar topics. You are not able to opt out of these emails.
Emails from Third Parties.
During registration for a Lernify virtual event or webinar, you may be asked to opt-in to receive emails from third parties. If you choose to opt-in to receive email communication from a third party, you can opt out or unsubscribe at any time by clicking on the “unsubscribe” or similar opt-out link in the third party’s’ email communication. Opting out of marketing or similar communications from third parties may not prevent all emails from third parties.
Third parties have their own privacy policies regarding the personal information they collect and process about you. We urge you to review their privacy policies regarding their processing of your personal information.
Text Messages.
You may opt out of automated text notifications any time by replying “STOP,” or any alternative keyword we have shared with you. You may still receive communications from Kajabi regarding safety issues, such as messages related to your account, even if you have opted out.
Blocking Cookies
Most web browsers automatically accept cookies by default, but you can alter how your browser responds to cookies by adjusting the settings. Information about managing cookies for popular web browsers can be found in the links below:
Safari(Desktop) and Safari Mobile(iOS) Firefox Chrome Microsoft Edge Brave
Many websites, including ours, employ Google Analytics. To opt out of Google Analytics data collection, follow
these instructions
from Google.
Your Privacy Rights
Some jurisdictions provide covered individuals with specific privacy rights which can be exercised against covered entities. Depending on the jurisdiction, these rights may include the following:
Access and Portability. The right to know (or confirm) what personal information a business has collected about you, and to receive a copy of it. Deletion/Restriction. The right to request that a business delete personal information it has collected from you or restrict how it is used, subject to certain exceptions. Correction/Rectification. The right to request correction of inaccurate personal information maintained by the business. Opt-Out of the Sale/Sharing of Your Personal Information. The right to opt out of the sale of your personal information to third parties. The term “sale” varies by jurisdiction, but sometimes includes the right to opt out of the use of personal information for targeted advertising purposes. Revoke Consent. Where consent is required for processing under applicable law, you may withdraw your consent to the processing of your information at any time. Object to Processing. Object, on grounds relating to your situation, to our processing of personal data concerning you which is (i) necessary for the performance of a task carried out in the public interest, (ii) carried out in the exercise of official authority vested in us, or (iii) processed by us on the basis of our legitimate interest. In this case, where applicable, we will no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims. Limitation/Restriction. The right to limit or restrict a business’s use or disclosure of certain personal information. Opt-out of Profiling/Automated Decision-Making: The right to opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Non-Discrimination. The right not to be discriminated against for exercising any of the rights conferred at law. Complaints. The right to lodge a complaint with the appropriate governmental authority.
Lernify will honor the privacy rights afforded to individuals in accordance with applicable law and will not discriminate against individuals for exercising their privacy choices under the law.
Exercising Your Privacy Rights
You may make a request at any time to exercise your access, deletion, correction, and restriction rights listed above by using our “Do Not Sell or Share” or “Data Rights Request” at the bottom of or emailing us at
https://app.gohighlevel.com/v2/preview/MuVKFaj9UXReqcjgjxFk
.
We will respond to your request within a reasonable period (if properly submitted) and in accordance with applicable law. If we need more time to process and respond to your request, we will notify you of that fact along with the reason for the delay. If we decline to act regarding your request, we will inform you of our decision and the reason for it, and, if applicable, with instructions on how you may appeal our decision.
Children’s Privacy
Our Platform is not intended for persons under 16 years of age. We do not knowingly collect or process the personal information of individuals under the age of 16. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us their Personal Information, please contact us at
https://app.gohighlevel.com/v2/preview/MuVKFaj9UXReqcjgjxFk
.
Jurisdiction-Specific Privacy Disclosures
Canada
If you are a Canadian resident, this section applies in addition to all other applicable rights and information contained in the Privacy Policy.
We are committed to openness and accountability with respect to how we handle your personal information pursuant to Canadian federal and provincial privacy laws (“Canadian Privacy Law”), including:
The Personal Information Protection and Electronic Documents Act (PIPEDA)Alberta’s Personal Information Protection Act (Alberta PIPA)British Columbia’s Personal Information Protection Act (BC PIPA)Québec's Act respecting the protection of personal information in the private sector (Québec Act).
Consent
. Where you have provided your consent to the collection, use, and transfer of your personal information (whether orally, in writing, or electronically), you may have the legal right to withdraw your consent under certain circumstances. In addition to the methods described above with respect to your privacy choices, you may withdraw your consent by contacting us at
https://app.gohighlevel.com/v2/preview/MuVKFaj9UXReqcjgjxFk
. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
Use of Your Personal Information
. We will not collect, use, or disclose personal information except for the identified purposes identified above (See What We Do with Your Personal Information), unless we have received additional consent or the processing is authorized without consent. Where we engage service providers who utilize the personal information we provide to them, we ensure that an agreement is place the ensure compliance with applicable Canadian Privacy Law.
Exercising Your Canadian Privacy Rights
. If you have an account with us, you may view and update your account information (as noted above) directly by logging into your account. To submit a request for access to information not contained within your account, or to challenge the accuracy or completeness of your personal information, you may submit a request using our
“Do Not Sell or Share” or “Data Rights Request” at the bottom of or emailing us at
https://app.gohighlevel.com/v2/preview/MuVKFaj9UXReqcjgjxFk
. When submitting a request, we may require that you take additional steps to validate your identity or legal authority. We will begin processing your request once you have completed the verification process.
We have put procedures in place to receive and respond to inquiries about our policies and practices relating to the handling of personal information. We will provide a response to any personal information request within the timeframe required by law. If we cannot substantively respond to your request in a timely manner, we will notify you and state the reason for the delay. Under certain circumstances, we may not be able to fulfill your request, such as when doing so would interfere with our regulatory or legal obligations, where we cannot verify your identity, or if your request involves disproportionate cost or effort. However, we will respond to your request within a reasonable time, as required by law, and provide an explanation.