Guidelines for Information Requests

September 16, 2020

Introduction

Kajabi supports thousands of knowledge entrepreneurs, who in turn work with people across the globe — it is absolutely essential for us to maintain the trust of our entrepreneurs and their members. Some of our entrepreneurs occasionally find themselves in legal disputes, which might create a need for information about a particular entrepreneur, member, user, or transaction. These guidelines explain how we handle these requests, and how we balance our legal obligations, the needs of the requesting party, and the privacy rights of our entrepreneurs and their members. Please note that if you are a Kajabi entrepreneur, a member of an entrepreneur, or other user seeking access to your own information, you do not need to follow these procedures — please consult our Privacy Policy for more information about your right of access.

In these guidelines, we provide information about the conditions under which Kajabi will disclose information it holds. But initially, some first principles:

  • When a third party requests non-public information (such as personal or financial information), Kajabi will not share this information absent an enforceable court order, subpoena or search warrant, or written authorization from the party whose information is requested.
  • Kajabi will notify affected users if we believe we are legally required to provide their information to a requesting party, unless we are prohibited by law from doing so.
  • When a third party requests information about one of our entrepreneurs, Kajabi will not provide information about the individual’s activity as an entrepreneur, member, partner, or consumer using Kajabi’s product, unless the legal request or court order specifically requests this additional information and has followed proper notice requirements to the entrepreneur where required.
  • When a third party requests information about an entrepreneur, we generally will not also provide information about that entrepreneur’s members. We consider this information to be in the control and custody of our entrepreneur, who is the controller of this information. If you are requesting information about an entrepreneur’s members, please send your request directly to the relevant entrepreneur.
  • Kajabi will narrowly construe the language of the request.
Kajabi’s Terminology

In order to understand what information we hold, you should understand a few terms that we commonly use when talking about our business:

  • “Entrepreneurs” are individuals who use Kajabi’s ecommerce platform to power their businesses in any capacity. When we talk about entrepreneurs, we include all individuals who access Kajabi on behalf of a business (or multiple businesses) — not just the listed account owners.
  • “Members” are individuals who visit, engage with, or make a purchase from a business operated by an entrepreneur.
  • “Partners” are individuals who work with and provide a wide variety of ancillary services to entrepreneurs, such as: developing apps or themes that can be used in conjunction with an entrepreneur’s business; helping entrepreneurs build or set up their business or with other web development services; referring other potential entrepreneurs.
  • “Kajabi Payments” is one of many payment processing services available to entrepreneurs, and is currently offered through a partnership with Stripe Inc. and Paypal Inc.  
Information Held by Kajabi

Kajabi, LLC is a California limited liability company with its principal place of business in Irvine, California. Kajabi develops the Kajabi platform available to entrepreneurs and has access to the following types of information:

  • Entrepreneur personal information; entrepreneur account information (including access records relating to use of Kajabi); entrepreneur revenue information (including aggregate revenues generated through third party payment processors); information about orders placed through Kajabi; entrepreneur’s payment information (to pay Kajabi subscription fees); partner personal information; partner account information; partner revenue information.
  • Information associated with individual transactions made on an entrepreneur’s business website that uses Kajabi Payments and information about entrepreneur revenues.
  • Please note that Kajabi Payments is currently offered in partnership with Stripe and Paypal, and Kajabi does not have access to the actual payment card information used by members to transact on an entrepreneur’s website — this information is held by Stripe or Paypal. Kajabi also does not control the flow of funds to an entrepreneur — this is done independently by Stripe or Paypal. More specifically, entrepreneurs are not entitled to any revenues from transactions until their funds clear the credit card settlement process and Stripe or Paypal, as applicable, deposits them into the entrepreneur’s bank account (with no involvement from Kajabi). As such, we cannot garnish receivables or apply liens or levies on money generated through Kajabi Payments. 

What Legal Process Should a Requesting Party Follow?

Criminal Matters 

For criminal matters, we will respond to requests issued by United States courts with specific personal jurisdiction to compel us to produce the requested information — i.e., in matters concerning entrepreneurs within the US state in which a request is issued. We will only produce information regarding individuals within the jurisdiction of the requesting authority.

If you are submitting a request on behalf of a US court for information on an entrepreneur that is not located in the United States, we require that you follow the Mutual Legal Assistance Treaty process.

Finally, we will respond to a request from any other country that has jurisdiction over Kajabi with respect to the particular information sought. If you are submitting a request from a country that does not have jurisdiction over Kajabi, we require that you follow the Mutual Legal Assistance Treaty process.

Civil or Regulatory Matters 

For civil matters, we will respond to requests issued by United States courts with specific personal jurisdiction to compel us to produce the requested information — i.e., in matters concerning entrepreneurs within the US state in which a request is issued. We will only produce information regarding individuals within the jurisdiction of the requesting authority.

If you are submitting a request on behalf of a US court for information on an entrepreneur that is not located in the United States, we require that you follow the Hague Evidence Convention (Letters Rogatory process).

Finally, we will respond to a request from any other country that has jurisdiction over Kajabi with respect to the particular information sought. If you are submitting a request from a country that does not have jurisdiction over Kajabi, we require that you follow the Hague Evidence Convention (Letters Rogatory process).

Once you have determined what information you need, Kajabi may be served at the address provided for below (although we may be willing to accept email service in certain circumstances — to inquire about email service, please reach out to us via legal@kajabi.com).

Service by email is for Kajabi’s convenience only and does not waive any objections, including lack of jurisdiction, subpoena power, or improper service.

What information do I need to provide in the court order?

Please provide enough information to uniquely identify the entrepreneur or individual. Unique identifiers include the URL of the entrepreneur’s business or an email address.

A common name is not usually enough to identify an individual. Please do not provide us with an individual’s SSN/SIN, other government identification number, bank account number, or payment card number.

Does Kajabi Hold or Control Merchant Funds On Deposit?

While Kajabi does provide our commerce platform to our entrepreneurs, it does not directly provide payments processing services that give it control over an entrepreneur’s revenues. Kajabi Payments is a separate service that we offer together with Stripe and Paypal and an acquiring bank that has a relationship with Stripe or Paypal. Kajabi Payments entrepreneurs are not entitled to any funds associated with transactions until such funds clear the credit card settlement process and are deposited by Stripe or Paypal, as applicable, and Stripe’s or Paypal’s, as applicable, acquiring bank into an entrepreneur's bank account. At no time does Kajabi hold these funds or control the bank account that deposits these funds. Accordingly, we do not have the ability to garnish receivables generated through Kajabi Payments. Given this, any UCC liens, tax levies, garnishments, and other requests for entrepreneur money should be sent to Stripe or Paypal, as applicable, as Kajabi does not hold funds on behalf of its entrepreneurs.

Will Kajabi Voluntarily Disclose Non-Public Information to a Requesting Party?

No. Kajabi will only disclose non-public information in response to an enforceable subpoena or court order from a court with jurisdiction to compel Kajabi to disclose that information.

Will Kajabi Notify Affected Entrepreneurs Before Disclosing Information?

Yes. Kajabi strongly believes that any individual should be informed when we are required to produce their information in response to a legal request. We will notify the affected individual of the request (or, if we serve as the processor of the data, the affected entrepreneur) so that they may pursue legal action and prevent disclosure. The only circumstances in which we will not provide this notice is if we are legally prohibited from doing so.

If you receive a notice that Kajabi has been compelled to produce your personal information, you may seek a protective order from a court. If you are able to provide us with such a protective order, we will object to the production demanded by the subpoena.

Does Kajabi Charge Anything to Respond to a Legal Request?

We reserve the right to seek reimbursement for the costs associated with responding to legal requests (where permitted by law).

How Does Kajabi Handle Data Preservation Orders?

Preservation orders may capture two types of information: shop data or metadata.

Shop data includes information such as data on an entrepreneur themselves, the entrepreneur’s communication with Kajabi, as well as a business’s members, transactions, account ownership, and products.  Kajabi generally keeps shop data for the lifetime of the business, and does not require a preservation order to maintain this data. We may purge personal information within 60 days of an entrepreneur's deactivation, after which the identifiable information is no longer capable of being recovered.

Metadata includes information such as who accessed a website and when, and actions that an entrepreneur performed on its website. Metadata is generally kept for a short period of time — in some instances for only 12 days. As such, depending on when a request for metadata is made, and the period of time for which the metadata is sought, we may no longer have the ability to preserve or produce the requested data.

Legal requests to Kajabi, LLC should be directed to 17100 Laguna Canyon Road, Ste. 100, Irvine, CA 92603, Attn: Legal/Privacy Team or to legal@kajabi.com.