Privacy Policy

Last updated: September 10, 2020

Be Well By Kelly, Inc and its affiliated subsidiaries and related entities (collectively hereinafter, “Company”, "us", “our” or "we") respect your (“you”, or “your”) privacy and want you to be familiar with how we collect, use, maintain, protect, and disclose information. This Privacy Policy (“Privacy Policy”) explains how we, Kajabi, and our Service Providers (as defined below), collect, store, use, disclose, and otherwise process your Personal Information and Anonymous Information (each as defined below) when you access and use the Website and/or Services. Capitalized terms not otherwise defined shall have the meaning given to them in the Terms of Use found at https://kellyleveque.mykajabi.com/pages/terms .

By using the Website and/or Services, you agree to the terms and conditions of this Privacy Policy and consent to the collection and use of information by us as set forth herein. Your use of the Company’s Website and/or Services are also governed by Kajabi’s website Terms of Use found at https://newkajabi.com/policies/terms/ and Privacy Policy found at https://kajabi.com/policies/privacy. We may change this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances, if ever, we disclose it. Continued access or use of our Website shall constitute your express acceptance of any modifications to this Privacy Policy. If you do not agree to any of the provisions of this Privacy Policy, do not use the Website or Services.

Linked Sites and Service Providers.

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other data collection, storage, and use practices of any Linked Site or third parties who may provide certain services in connection with your access and use of, and our ability to provide certain products and services to you through the Website (each, a “Service Provider”). 

Please also note that third-parties who provide and/or publish content via the Kajabi Service shall be deemed the data controllers for any Personal Information contained in the content uploaded by any such party to the Kajabi Service (“Third-Party Content”) and any other personal data processed in relation to such Third-Party Content. This Privacy Policy only concerns the processing for which the Company is data controller. If you have any questions regarding personal data contained in the Third-Party Content, please contact the third-party provider responsible for such Third Party Content.

The inclusion of a link in any of the Services or on the Website does not imply endorsement of, or affiliation with, the Linked Site by us. Please note that the Website or Services may include the ability to access and submit (including, for example, via a third-party software application or service that is available through or in connection with the Website or Services) certain information directly to third parties. Such information is submitted by you directly to such third parties; this Privacy Policy does not apply to any Personal Information submitted by you to third parties, including without limitation, those Linked Sites and Service Providers. You agree to the terms and conditions and privacy policies of such Service Providers, which may change from time to time without notice to you. It is your responsibility to check for such updates.  

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE COMPANY AND EACH OF THE OTHER COMPANY PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO THE DATA COLLECTION, STORAGE, USE, AND SHARING OF YOUR OR ANY THIRD PARTY’S PERSONAL INFORMATION OR ANONYMOUS INFORMATION BY ANY SERVICE PROVIDER. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS IN PERPETUITY.

Transfer of Information Across National Borders: The Website and various information we collect are operated on servers located in various jurisdictions, including the United States. When you access or use the Website and/or our Services, Personal Information about you may be transferred outside the country in which you are situated to these other locations. 

Children Under the Age of 13. 

The Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or via the Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information via the Website or Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will take corrective action as required by the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe we might have collected children’s Personal Information in a manner not permitted by COPPA, please contact us by sending a letter to the following address: Be Well By Kelly, Inc. c/o 9744 Wilshire Blvd., Suite 400, Beverly Hills, CA 90212, or an e-mail to [email protected] with “LEGAL: COPPA” in the subject line, and we will take corrective action required by COPPA. 

Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities.  Examples include:  www.netnanny.com; www.webwatcher.com and www.sentrypc.com.  We do not endorse these or other services and are not responsible for them.

INFORMATION WE COLLECT 

When you visit our Website you may provide us and our Service Providers with two types of information: (i) Personal Information you knowingly choose to disclose that is collected on an individual basis, and (ii) information collected on an aggregated basis as you and others use the Services. "Personal Information" is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.

Information You Provide. You may provide us, and our Service Providers, with your Personal Information through the Website or Services, for example: 

• Newsletter: When you elect to sign up for our e-mail newsletter, you will need to provide certain Personal Information such as your e-mail address. 
• Create Account: When you elect to create a user account, either via the Website or via our Service Provider website to access any of our educational materials, you will need to provide certain Personal Information such as your name, address, email address, phone number, and credit card information.
• Purchases: When you elect to make a purchase, either via the Website or via our Service Provider’s website, you will need to provide certain Personal Information such as your name, address, email address, phone number, and credit card information.
• Communications: When you communicate with us or our Service Providers by e-mail or through the Website, you may provide us certain Personal Information.
• Bulletin Boards/Chat Rooms: Users of the Website are solely responsible for the content of messages they post on the Website or Services’ forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, 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. 
• Survey: If you participate in any survey, you may provide certain Personal Information as part of your response. 

Cookies and Aggregated Information.  

• Cookies, Web Beacons, and Log Data: Like most companies, when you visit or interact with the Website or Services, we and our Service Providers may use cookies and other tracking technologies for storing information, including pixels, web beacons, “clear GIFs,” local storage, and device identifiers to help provide, protect and improve the Website and Services. 

• An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Website by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Website or Services, along with the time of the visit and the activity on the Website or Services, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Website or Services. We and our Service Providers use IP addresses for purposes such as calculating Service usage levels, helping diagnose server problems, administering the Website and determining your approximate geographic location.
• “Cookies” are small pieces of information that a website attaches to your browser when you visit a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until deleted) to provide you with a more personal and interactive experience with the Website. When you visit a site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each site can send its own cookie to your browser if your browser's preferences allow it. We do not store Personal Information in any Cookies on your computer. Persistent Cookies can be removed by following your Internet browser’s directions within the help tab. However, in order to use certain aspects of the Website and Services, your web browser must accept Cookies, and therefore some aspects of the Website or Services may not work properly if you choose to disable Cookies.
• We may also use Cookies, pixels, “Web Beacons” (which are usually small, transparent graphic images) and navigational data like Uniform Resource Locators (URLs to gather information regarding the date and time of your visit, the features and information for which you searched and viewed, or the e-mail you opened. This type of information is collected to make the Website and Services more useful to you and to tailor the experience with us to meet your interests and needs. 
• Aggregated Information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Website or Services, for example, by using Personal Information to calculate the percentage of our users who like a particular product.

HOW WE USE YOUR INFORMATION

We may use your Personal Information we collect from you, including with the help of automated systems and data collected from the use of cookies and other similar technologies, for a range of different business purposes, including the following:

• To respond to your inquiries and fulfill your requests (e.g., send newsletters or provide you with information about our Website).
• To send you administrative information, including information regarding the Services and changes to our terms, conditions and policies.
• To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
• To send to you marketing communications that we believe may be of interest to you (including, without limitation, by our Service Providers that send direct mail, email, and other types of advertising to those whose email addresses we have collected).
• To personalize your experience with the Services by presenting content, products, and offers tailored to you.
• As they arise from time to time, to allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully; in the event of a conflict between such rules and this Privacy Policy, such rules will govern.
• To provide, improve, test, monitor, and develop the Services, including, without limitation, to provide you access to the Services, identify usage trends, and determine the effectiveness of promotional campaigns.
• To develop and test new products, services, and features as well as diagnose and fix technology problems in connection with current products, services, and features.
• For our business purposes, such as data analysis, audits, developing new products, enhancing the Website or Services, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns.
• As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our Terms of Use and Privacy Policy; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, or that of you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• We may combine Personal Information that you submit on or through the Website with information that we collect from and about you from other online and offline sources, including from our own websites and web properties (including apps, widgets and players) and third party sources, which may include social media services you interact with through our Website or Services. 

HOW YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO THIRD PARTIES

Your Personal Information may be disclosed: 

• With Your Consent: We will disclose your Personal Information for those purposes in which you have agreed that we may do so, including for such purposes outlined in this Privacy Policy.
• Service Providers: We use a variety of Service Providers to provide services to us or to our users on our behalf, such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services. These Service Providers have access to your information solely to perform these tasks on our behalf in accordance with our instructions and to the extent necessary to provide their services to us.
• Aggregated Data or Anonymous Information: We may also share Anonymous Information in the form of aggregated information (information about our users that we render in such a way that it no longer identifies or references an individual user) and other pseudononimized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes. 
• Compliance with Laws: We may disclose your Personal Information to courts, law enforcement agencies, and governmental authorities (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public or government authorities, including public or government authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations; (f) to protect our rights, privacy, safety or property, or that of you or others; or (g) to allow us to pursue available remedies or limit the damages that we may sustain.
• Change of Control: We may also share your Personal Information as part of a sale, merger or change in control of Company, or in preparation for any of these events. Any other entity that buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.
• International Data Transfer: We operate globally and may share your Personal Information with third parties for the purposes described in this Privacy Policy. Personal Information collected within the European Economic Area (“EEA”) may, for example, be transferred to countries outside of the EEA. We utilize appropriate safeguards to ensure the lawful transfer of your personal data outside of the EEA.  

Retention Period. Your Personal Information may be stored as long as it is required for the specific purposes identified when you provided the Personal Information or for any new purposes identified by us and consented to by you, and for any appropriate time thereafter including a sufficient time following to permit you to ask any questions regarding its use. Thereafter it will be archived only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws. 

Sensitive Information. Do not send us or disclose to us any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Website or otherwise. 

CHOICE AND ACCESS

Data Security. We and our Service Providers have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we or any of our Service Providers have given you (or where you have chosen) a password for access to certain parts of our Website or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out Personal Information in public areas of the Services like message boards and comments sections. The information you share in public areas may be viewed by any user of the Services. 

We restrict access of Personal Information to authorized personnel of Company, employees, contractors, vendors and Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Services and any purchases made thereon. Personal Information will only be disclosed to those vendors and Service Providers of Company for the purpose of administering our Services and completing transactions taking place thereon in accordance with the uses as outlined herein.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website or Services, nor that unauthorized third parties will not gain access to your Personal Information. Therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Website or Services.

Opting Out. 

• Company Content and Communications. By using the Website and/or Services, you agree to receive communication from us, including without limitation, emails regarding Company Content and Company newsletters. The Website may provide you the opportunity to opt out of receiving certain types of communications from us at the point where we request information about you. You always have the option of removing yourself from any e-mail list in order to discontinue any such future communications. However, you understand and agree that opting out of course-related materials may affect your access to Company Content and Services. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please e-mail us at [email protected], including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.
• “Do Not Track” Signals.  Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to sites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To learn more about cookies and any "Do Not Track" features, please visit http://www.allaboutcookies.org/ and http://www.allaboutdnt.com. If you choose to decline cookies, then some or all of the features, functionality and promotions available through the Website that may not be available to you. If you do not want information collected through the use of cookies, there is a procedure on most devices through which the Website and Services are accessed that allows you to decline the use of cookies. 
• Adobe Flash LSOs. If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Website or Services, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Website or our content. We expect our Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
• Mobile Device Settings. On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using our Website or Services, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well.

For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1 , the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.

Privacy Notice for California Residents. 

This Privacy Notice for California Residents supplements the information contained in this Privacy Policy and applies solely to external contacts who reside in the State of California.  We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice. 

Information We Collect and Disclose

The chart below provides additional information about the categories of Personal Information we collect, the reason we collect it, and the categories of third parties with whom we may share the information. Note that we do not necessarily collect all types of information that fall within a certain category.

Category of Personal Information	Reason for Collecting and/or Sharing	Categories of Third Parties	Collected or Disclosed in past 12 months
Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers.	Provision of services; marketing; sweepstakes and contests; order fulfillment; information security; website management.	Information technology and security providers; marketing service providers	Collected and disclosed
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).  This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number.  Note that this category of information overlaps to some extent with the “Common Identifiers” category.	Provision of services; marketing; sweepstakes and contests; order fulfillment; information security; website management.	Information technology and security providers; marketing service providers	Collected and disclosed
Protected classification characteristics under California or federal law. This includes:  Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	Not collected	Not applicable	Not applicable
Commercial information.  This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Provision of services; marketing; order fulfillment; information security; website management.	Information technology and security providers; marketing service providers	Collected and disclosed
Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	Not collected	Not applicable	Not applicable
Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	Website management and marketing	Web-hosting and marketing service providers	Collected and disclosed
Geolocation data.  Physical location or movements.	Not collected	Not applicable	Not applicable
Sensory data.  Audio, electronic, visual, thermal, olfactory, or similar information.	Not collected	Not applicable	Not applicable
Professional or employment-related information.  Current or past job history or performance evaluations.	To evaluate, recruit, and hire personnel	Not shared	Collected; not disclosed to third parties
Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).   Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	Not collected	Not applicable	Not applicable
Inferences drawn from other personal information.  Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Website management and marketing	Web-hosting and marketing service providers	Collected and disclosed

We use your Personal Information in accordance with the Section “How We Use Your Information” above. We 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. 

In the preceding twelve (12) months, we have not sold Personal Information.

Your Rights and Choices: The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

The Right to Know	You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity: The specific pieces of information we have collected about you; The categories of Personal Information we have collected about you; The categories of sources of the Personal Information; The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed; The categories of Personal Information we have sold and the categories of third parties to whom the information was sold; and The business or commercial purposes for collecting or selling the Personal Information
The Right to Request Deletion	You have the right to request the deletion of Personal Information we have collected from you, subject to certain exceptions.
The Right to Opt Out of Personal Information Sales	You have the right to request the deletion of Personal Information we have collected about you to third parties now or in the future.
The Right to Non-Discrimination	You have the right not to receive discriminatory treatment for exercising these rights.  However, please note that if the exercise of these rights limits our ability to process Personal Information, we may no longer be able to provide you our products and services or engage with you in the same manner.
“Shine the Light”	California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

California residents who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices, may do so at the following: 

• By Mail: Be Well By Kelly, Inc. c/o 9744 Wilshire Blvd., Suite 400, Beverly Hills, CA 90212. Please include your name, address, and e-mail address. 
• By Email: [email protected] . Please include “LEGAL: Request for California Privacy Information” in the subject line. 

We will only act on your request if it is “verifiable.” To verify your identity, we will collect basic personal information about you to match with our records.  Next, you will receive a written confirmation that your request was received, as well as information about additional steps that may be required to confirm your identity and verify appropriate contact information. 

You may make a request to disclose or delete using an “authorized agent.” Please include with your request a signed document stating that the agent is authorized to act on your behalf. We will then respond by providing information as to (i) how you can verify your identity, and (ii) confirm that the agent is authorized to act on your behalf.

If you have only provided Personal Information as a result of browsing our Website (i.e., you did not complete any forms or send us any emails or other communications) we will be unable to provide information about the specific Personal Information we hold about you.  Please refer to the table above for information about our general data handling practices.

Please note that you may make data requests no more than twice in a 12-month period.  

We will try to respond to verifiable requests within 45 days.  If we require more time, we will inform you of the reason and extension period in a written response.  Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

General Data Protection Regulation. If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data Company has collected about you.  You also have the right to data portability and the right to restrict or object to Company’s processing of personal data it has collected about you.  You may withdraw your consent at any time for any data processing Company does based on consent you have provided to it. To exercise any of these rights, contact us as set forth in the section “Contact Us” below and specify which right you intend to exercise. Please include your name, address, and e-mail address, with “Legal” in the subject line in your request. We will try to comply with your request as soon as reasonably practicable.  Company will respond to your request within 30 days.  Company may require additional information from you to allow Company to confirm your identity.  Please note that Company may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of Company’s legitimate interests, including to comply with its legal obligations, resolve disputes, prevent fraud, and enforce its agreements. Personal Information collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland.  In such instances, Company will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with Company’s compliance, you have the right to lodge a complaint with an EEA supervisory authority.

Product Reports. If you contact Company regarding your experience in using one of our products in a Communication, we may use the information that you provide in submitting reports to the designated government regulatory authority, as required of us by law.

CONTACT US 

If you have any questions about this Privacy Policy, please contact us by email at [email protected].

Please note that email communications are not always secure, so please do not include sensitive information in your email messages to us.