A: This Privacy Policy describes how Kung Fu Merch (the "Site", "we", "us", or "our") collects, uses, and discloses your personal information when you visit, use our services, or make a purchase from kf-merch.com (the "Site") or otherwise communicate with us regarding the Site (collectively, the "Services"). For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.
A quick note about understanding our policy: You are the customer; the bands and their management companies are our clients.
Please read this Privacy Policy carefully.
Kung Fu Privacy Policy
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, and information volunteered by the consumer (such as site registrations). The information we collect is used to improve the content of our Web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
Our clients, the artist, or their management company, requests the email addresses of customers who have purchased their products in order to contact them with information relating to the products they purchased. We specify the consumer must be provided the ability to unsubscribe and/or opt-out of any further communication.
It is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service of the specific application, or as otherwise required by law.
HOW WE USE YOUR PERSONAL INFORMATION
Providing Products and Services. We use your personal information to provide you with the Services in order to perform our contract with you, including to process your payments, fulfill your orders, to send notifications to you related to your account, purchases, returns, exchanges or other transactions, to create, maintain and otherwise manage your account, to arrange for shipping, facilitate any returns and exchanges and other features and functionalities related to your account. We may also enhance your shopping experience by enabling Shopify to match your account with other Shopify services that you may choose to use. In this case, Shopify will process your information as set forth in its Privacy Policy and Consumer Privacy Policy.
Marketing and Advertising. We may use your personal information for marketing and promotional purposes, such as to send marketing, advertising and promotional communications by email, text message or postal mail, and to show you advertisements for products or services. This may include using your personal information to better tailor the Services and advertising on our Site and other websites. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in selling our products, according to Art. 6 (1) (f) GDPR.
Security and Fraud Prevention. We use your personal information to detect, investigate or take action regarding possible fraudulent, illegal or malicious activity. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We highly recommend that you do not share your username, password, or other access details with anyone else. If you believe your account has been compromised, please contact us immediately. If you are an EEA resident, the legal basis for these data processing activities is our legitimate interest in keeping our website secure for you and other customers, according to Art. 6 (1) (f) GDPR.
Communicating with You and Service Improvement. We use your personal information to provide you with customer support and improve our Services. This is in our legitimate interests in order to be responsive to you, to provide effective services to you, and to maintain our business relationship with you according to Art. 6 (1) (f) GDPR.
Notice/Consent: we may also use personal information in other circumstances after giving you notice and/or getting your consent.
INFORMATION GATHERING AND USAGE
When you register for any Kung Fu Inc product we ask for information such as your name, company name, email address, billing address, credit card information.
Kung Fu Inc. uses collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact, and research. Kung Fu Inc does not share your personal information with third parties, unless explicitly approved by you.
Our checkout process via PayPal Payflow, including credit card processing, may require customer data for transaction authorization that we do not receive, nor store on our site, including the credit card number and credit card billing address.
COOKIES
A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive.
Cookies are required to use the Kung Fu Inc services.
We use cookies to record current session information, such as the items in your cart, but do not require permanent cookies.
For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies. We use Cookies to power and improve our Site and our Services (including to remember your actions and preferences), to run analytics and better understand user interaction with the Services (in our legitimate interests to administer, improve and optimize the Services). We may also permit third parties and services providers to use Cookies on our Site to better tailor the services, products and advertising on our Site and other websites.
Particular third-party cookies on our Services to note include:
Google Analytics. We use Google Analytics to collect information on your use of the websites and mobile applications to improve our websites and mobile applications. In order to collect this information, Google Analytics may set cookies on your browser or read cookies that are already there. Google Analytics may also receive information about you from applications you have downloaded that partner with Google. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our Services and mobile application or to another application which partners with Google is restricted by the Google Analytics Terms of Service and Privacy Notice. To prevent your data from being used by Google Analytics, you can download the Google Analytics opt-out browser add-on.
Facebook/Meta Pixel. Some of our clients use Facebook Pixel to customize our advertising and to serve you ads on your social media based on your browsing behavior. This allows your behavior to be tracked after you have been redirected to our websites and mobile applications by clicking on the Facebook ad. Facebook Pixel stores a cookie on your device to enable us to measure the effectiveness of Facebook ads for statistical and market research purposes. We do not have access to the information collected through Facebook Pixel. However, the information collected via the Facebook Pixel is also stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes in accordance with Facebook's Data Usage Policy. Facebook Pixel also allows Facebook and its partners to show you advertisements on and outside of Facebook. You can opt out of displaying Facebook ads and sharing by visiting your Facebook Ad Settings, and you can clear and control the information that third parties share with Facebook in your Off-Facebook Activity page. If you do not have a Facebook account, you can opt out of Facebook ads through the Digital Advertising Alliance.
You can find more information about the cookies and other tracking technologies we use, the purposes for which we use them, and make certain choices about cookies through the cookie choices tools available on our Apps.
Most internet browsers are automatically set up to accept cookies. However, if you want to refuse or delete any cookies (or similar technologies), please refer to the help and support area on your internet browser for instructions on how to block or delete cookies. Please note you may not be able to take advantage of all the features of our App, including certain personalised features, if you delete or disable cookies.
For more information on managing cookies, please go to www.allaboutcookies.org, or visit www.youronlinechoices.eu which has further information about behavioural advertising and online privacy.
DATA STORAGE
Kung Fu Inc uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our services. Although Kung Fu Inc owns the applications, databases, and all rights to the Kung Fu Inc applications, you retain all rights to your data. In certain circumstances, we may disclose your personal information to third parties for contract fulfillment purposes, legitimate purposes and other reasons subject to this Privacy Policy. Such circumstances may include:
With vendors or other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).
With business and marketing partners to provide services and advertise to you. Our business and marketing partners will use your information in accordance with their own privacy notices.
When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations, with your consent.
With our affiliates or otherwise within our corporate group, in our legitimate interests to run a successful business.
In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service, and to protect or defend the Services, our rights, and the rights of our users or others.
INFORMATION WE OBTAIN FROM THIRD PARTIES
Finally, we may obtain information about you from third parties, including from vendors and service providers who may collect information on our behalf, such as:
Companies who support our Site and Services, such as Shopify.
Our payment processors, who collect payment information (e.g., bank account, credit or debit card information, billing address) to process your payment in order to fulfill your orders and provide you with products or services you have requested, in order to perform our contract with you.
When you visit our Site, open or click on emails we send you, or interact with our Services or advertisements, we, or third parties we work with, may automatically collect certain information using online tracking technologies such as pixels, web beacons, software developer kits, third-party libraries, and cookies.
Any information we obtain from third parties will be treated in accordance with this Privacy Policy.
DISCLOSURE
Kung Fu Inc may disclose personally identifiable information under special circumstances, such as to comply with subpoenas or when your actions violate the Terms of Service of any of our applications.
INTERNATIONAL USERS
Please note that we may transfer, store and process your personal information outside the country you live in. Your personal information is also processed by staff and third party service providers and partners in these countries.
RESIDENTS OF THE EUROPEAN ECONOMIC AREA
If you are a resident of the European Economic Area (EEA), you have certain additional rights and protections under the law regarding the processing of your personal data.
LEGAL BASIS FOR PROCESSING
If you are a resident of the EEA, we will only process your personal data:
To perform our responsibilities under our contract with you (e.g. processing payments and providing the Services you have requested);
When we have a legitimate interest in processing your personal data (e.g. to allow our clients to perform their work, to communicate with you about changes to our Services, to advertise our Services, and to provide, secure, and improve our Services); or
To comply with our legal or regulatory obligations.
DATA SUBJECT REQUESTS
If you are a resident of the EEA, you have the right to access personal data we hold about you and to have certain personal data corrected or erased. You may also have the right to restrict certain processing of your data.
To make any of these requests please email info@kungfunation.com We will respond as soon as practicable and no later than one month after receipt of your request. We may request proof of identification to verify your request.
We may deny or restrict fulfillment of your request in some cases, such as when your access to data places another individual’s privacy rights at risk, or the continued processing of your data is necessary to comply with a legal obligation. If so, we will notify you of the reason(s) for this denial.
If you are a Kung Fu Inc client and receive a request from one of your customers, to access or erase personal data collected via Kung Fu Inc’s software or services, please forward that request to support@Kung Fu Inc.com.
THIRD PARTY WEBSITES AND LINKS
Our Site may provide links to websites or other online platforms operated by third parties. If you follow links to sites not affiliated or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on these sites. Information you provide on public or semi-public venues, including information you share on third-party social networking platforms may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by a third party. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators, except as disclosed on the Services.
CHILDREN’S DATA
The Services are not intended to be used by children, and we do not knowingly collect any personal information about children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details set out below to request that it be deleted.
As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.
SECURITY AND RETENTION OF YOUR INFORMATION
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to communicate sensitive or confidential information to us.
How long we retain your personal information depends on different factors, such as whether we need the information to maintain your account, to provide the Services, comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.
YOUR RIGHTS
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. However, these rights are not absolute, may apply only in certain circumstances and, in certain cases, we may decline your request as permitted by law.
Right to Access / Know: You may have a right to request access to personal information that we hold about you, including details relating to the ways in which we use and share your information.
Right to Delete: You may have a right to request that we delete personal information we maintain about you.
Right to Correct: You may have a right to request that we correct inaccurate personal information we maintain about you.
Right of Portability: You may have a right to receive a copy of the personal information we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.
Right to Opt out of Sale or Sharing or Targeted Advertising: You may have a right to direct us not to "sell" or "share" your personal information or to opt out of the processing of your personal information for purposes considered to be "targeted advertising", as defined in applicable privacy laws. Please note that if you visit our Site with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out of the "sale" or "sharing" of information for the device and browser that you use to visit the Site.
Restriction of Processing: You may have the right to ask us to stop or restrict our processing of personal information.
Withdrawal of Consent: Where we rely on consent to process your personal information, you may have the right to withdraw this consent.
Appeal: You may have a right to appeal our decision if we decline to process your request. You can do so by replying directly to our denial.
Managing Communication Preferences: We may send you promotional emails, and you may opt out of receiving these at any time by using the unsubscribe option displayed in our emails to you. If you opt out, we may still send you non-promotional emails, such as those about your account or orders that you have made.
You may exercise any of these rights where indicated on our Site or by contacting us using the contact details provided below.
QUESTIONS OR COMPLAINTS
If you are a resident of the EEA and have a concern about our processing of personal data that we are not able to resolve, you have the right to lodge a complaint with the data privacy authority where you reside. For contact details of your local Data Protection Authority, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.
CHANGES
Kung Fu Inc may periodically update this policy from time to time, including to reflect changes to our practices or for other operational, legal, or regulatory reasons. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Kung Fu Inc service primary account or by placing a prominent notice on our site. You retain the right to access, amend, correct or delete your personal information where it is inaccurate at any time. To do so, please contact info@kungfunation.com
CONTACT
Should you have any questions about our privacy practices or this Privacy Policy, or if you would like to exercise any of the rights available to you, please call or email us at jeena@kungfunation.com or contact us at 1720 Capital Blvd, Raleigh, NC, 27604, US.
For the purpose of applicable data protection laws and if not explicitly stated otherwise, we are the data controller of your personal information.