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How do we collect information about you?

We may collect information about you in various ways.

  • You may provide us with information directly (e.g. filling in a form, making a call to us, or uploading information to us via a mobile app).
  • We may collect information automatically when you interact with our systems or we communicate with you (e.g. when you use a KUNGFU website or, where we use technologies to observe when you receive or open e-mails or receive SMS messages).
  • We may also acquire information from third parties (e.g. publicly-available information on social media platforms such as Facebook and Twitter, or statistical information about the population in certain geographical areas).
  • For example, where permitted by law, we may infer information about you from aggregated information we acquire from third parties. This may include, for example, statistical information about people in certain geographical areas.

In this notice, we refer to all the methods by which you are in contact with us including both physical (for example, retail outlets and events, consumer contact centers) and digital (for example, website).

We may collect information that you provide directly. Typically, this will happen when you:

  • sign up to be a member of our databases (including loyalty programs), which will include performing age verification (this could be, for example, in person, via online);
  • request information about our products, which may include age recognition (this could be computer analysis of your face via online);
  • purchase KUNGFU products or services at a retail outlet;
  • contact us through a touchpoint, or by e-mail, social media or telephone;
  • register a device with us;
  • register to receive KUNGFU press releases, e-mail alerts, or marketing communications;
  • participate in KUNGFU surveys or (where permitted by law) or promotions; or
  • attend an event that a KUNGFU has organized.

We may collect information from an electronic device, if you choose to send the information to us. This may be shared with us through a direct connection to the internet.

We may collect information about you automatically. Typically, this will happen when you:

Information that we collect from you directly will be apparent from the context in which you provide it. For example:

  • you may provide information on your product preferences, interests and experiences so that we can offer you products and services that will interest you, and to improve our products and services;
  • if you make an appointment to see us (or someone supporting our products or services), we may collect your name and contact details;
  • we may collect information that enables us to verify your age, for example, a copy of an identity document or your facial image (either as a photograph or a video);
  • if you communicate with one of our contact centers, you may give us information, for example about your experiences using our products and services, to allow us to deal with your requests. Information that we collect automatically will generally concern:
  • details of your visit or call (such as time, date, and duration);
  • recordings (where permitted) of your calls or visits to KUNGFU website, which we may transcribe to text format;
  • in a sales outlet or at an event (including areas in the immediate vicinity), how frequently you visit, which areas you visit and for how long, and which purchases you make;
  • your use of KUNGFU website (such as the pages you visit, the page from which you came, and the page to which you went when you left, search terms entered, or links clicked within the web page, when you first open the touchpoint, for how long you use it, and how you interact with messages we send you or advertisements we show you); we may use cookies and similar tracking technologies (such as pixels/web beacons) to do this;
  • your use of third-party websites, where the information collected will be similar to that described in the bullet above (we may use cookies and similar tracking technologies to do this);
  • your mobile or desktop device and software (such as your IP address or unique device identifier (for example, mobile advertising identifier (MAID) or Android ID (SSAID)), location data (either your general location (derived from your IP address, in which case the information we have will be general, e.g. the town you are in), or your precise location (if you choose to share it with us for specified purposes, e.g. store locator)), device brand and model, the display settings of your monitor, web browser type, operating system, and details of any cookies (or similar technologies) that we may have stored on your device); and

Information that we collect from third parties will generally consist of publicly available information (such as your preferences, interests and experiences), for example from public social media posts.

For what purposes do we use information about you, and on what legal basis?

In this section, we describe the purposes for which we use personal information. However, this is a global notice, and where the laws of a country restrict or prohibit certain activities described in this notice, we will not use information about you for those purposes in that country.

Subject to the above, we use information about you for the following purposes:

  • To comply with regulatory obligations, such as verifying your age and status as a user of our products
  • To provide sales-related and product support services to you, including dealing with your inquiries and requests, and providing warranty and support services
  • To market our products (where permitted by law), including administering loyalty program, product improvement, market research (and for the purposes of demonstrating fair practices in market research), developing marketing strategies, administering marketing campaigns, and customizing your experiences, for example at outlets that sell KUNGFU products and at events, and the content of messages we send you or advertisements we show you
  • To understand whether you are still engaged with our marketing and whether you wish to continue to receive it
  • For us or our business partners to inform you of potential opportunities to get involved in marketing or promoting KUNGFU products

To support all the above, including administering your accounts, corresponding with you, managing your appointments with us or with someone supporting our products or services (for example, regarding a new product, or after-sales service), customizing your experiences of KUNGFU website, fraud prevention (for example in the context of our promotions, competitions and surveys, to ensure that they are not taken more than once by the same person, personnel training and quality control, and administration and troubleshooting

  • For business analytics, statistical or scientific purposes, including improving KUNGFU products and services, outlets and events, and the information that we (or our affiliates) provide to our consumers
  • For other purposes that we notify you of, or will be clear from the context, at the point information about you is first collected

The legal basis for our use of information about you is one of the following:

  • compliance with a legal obligation to which we are subject;
  • the performance of a contract to which you are a party;
  • a legitimate business interest that is not overridden by interests you have to protect the information;

where none of the above applies, or where law requires it, your consent (which we will ask for before we process the information).

Where we do not base our use of information about you on one of the above legal bases, or where law requires it, we will ask for your consent before we process the information (these cases will be clear from the context).

In some instances, we may use information about you in ways that are not described above. Where this is the case, we will provide a supplemental privacy notice that explains such use. You should read any supplemental notice in conjunction with this notice.

Who do we share your information with, and for what purposes?

We may share information about you with:

  • KUNGFU affiliates;
  • third parties who provide KUNGFU affiliate with products or services;
  • KUNGFU affiliates’ carefully selected business partners and advertisers (in areas connected with our products, or consistent with their style and image) so that they can contact you with offers that they think may interest you, in accordance with your preferences; and
  • other third parties, where required or permitted by law.

We share information about you with others only in accordance with applicable laws. Thus, where law requires your consent, we will first ask for it.

How do we protect information about you?

We implement appropriate technical and organizational measures to protect personal information that we hold from unauthorized disclosure, use, alteration or destruction. Where appropriate, we use encryption and other technologies that can assist in securing the information you provide. We also require our service providers to comply with strict data privacy and security requirements.

What rights and options do you have?

You may have some or all of the following rights in respect of information about you that we hold:

  • request us to give you access to it;
  • request us to rectify it, update it, or erase it;
  • request us to restrict our using it, in certain circumstances;
  • object to our using it, in certain circumstances;
  • withdraw your consent to our using it;
  • data portability, in certain circumstances;
  • opt out from our using it for direct marketing

We offer you easy ways to exercise these rights, such as “unsubscribe” links, or giving you a contact address, in messages you receive.

Some mobile applications we offer might also send you push messages, for instance about new products or services. You can disable these messages through the settings in the application.

The rights you have depend on the laws of your country. If you are in Czech, you will have the rights set out in the table below. If you are elsewhere, you can contact us to find out more.

Right in respect of the information about you that we hold Further detail (note: certain legal limits to all these rights apply)
to request us to give you access to it This is confirmation of:
• whether or not we process information about you;
• our name and contact details;
• the purpose of the processing;
• the categories of information concerned;
• the categories of persons with whom we share the information and, where any person is outside the Europe and does not benefit from a European Commission adequacy decision, the appropriate safeguards for protecting the information;
• (if we have it) the source of the information, if we did not collect it from you;
• (to the extent we do any, which will have been brought to your attention) the existence of automated decision-making, including profiling, that produces legal effects concerning you, or significantly affects you in a similar way, and information about the logic involved, as well as the significance and the envisaged consequences of such processing for you; and
• the criteria for determining the period for which we will store the information
to request us to rectify or update it This applies if the information we hold is inaccurate or incomplete.
to request us to erase it and in some cases an extension of this right, the right to be forgotten This applies if:
• the information we hold is no longer necessary in relation to the purposes for which we use it;
• we use the information on the basis of your consent and you withdraw your consent (in this case, we will remember not to contact you again, unless you tell us you want us to delete all information about you in which case we will respect your wishes);
• we use the information on the basis of legitimate interest and we find that, following your objection, we do not have an overriding interest in continuing to use it;
• the information was unlawfully obtained or used; or
• to comply with a legal obligation.
to request us to restrict our processing of it This right applies, temporarily while we look into your case, if you:
• contest the accuracy of the information we use; or
• have objected to our using the information on the basis of legitimate interest
(if you make use of your right in these cases, we will tell you before we use the information again).
This right applies also if:
• our use is unlawful and you oppose the erasure of the data; or
• we no longer need the data, but you require it to establish a legal case.
to object to our processing it You have two rights here:
(i) if we use information about you for direct marketing: you can “opt out” (without the need to justify it) and we will comply with your request;
(ii) if we use the information about you on the basis of legitimate interest for purposes other than direct marketing, you can object to our using it for those purposes, giving an explanation of your particular situation, and we will consider your objection.
to withdraw your consent to our using it This applies if the legal basis on which we use the information about you is consent. These cases will be clear from the context (for example, if you gave your consent using the preference center in one of our apps, you can withdraw your consent by turning off the corresponding toggle).
to data portability If:
(i) you have provided data to us; and
(ii) we use that data, by automated means, and on the basis either of your consent, or on the basis of discharging our contractual obligations to you.
to lodge a complaint with the supervisory authority in your country If you have any complaint, we will welcome an opportunity to resolve it for you directly.  Please consider contacting us via the contact details linked to at the start of this notice before contacting a supervisory authority.
If you do wish to contact a supervisory authority, details are as follows:
• You can contact your local authority as listed on the Europa website via this link. If you are unsure who your jurisdiction’s supervisory authority is, please contact us using the details linked to at the top of this page.
• If you are unsure who your jurisdiction’s supervisory authority is, please contact us using the details linked to at the top of this page. 

Changes to this notice

We may update this notice (and any supplemental privacy notice), from time to time. Where the law requires it, we will notify you of the changes; further, where the law requires it, we will also obtain your consent to the changes.

Last modified 12 June 2023.

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