Privacy Policy Notice

This is the privacy policy notice of KungFu.Life Limited. In this document, "we", "our", or "us" refer to KungFu.Life Limited.

We are company number 555826, registered in Republic of Ireland.

Our registered office is at 4 Rock House, Ashtown Upper, Roundwood, Co. Wicklow, A98 AF34.


Introduction

This notice informs you of our policy on information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you and information that could not.

We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our Website immediately.

We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our Website are entitled to know that their personal data will not be used for any purpose unintended by them and will not accidentally fall into the hands of a third party.

We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.

Our policy complies with the Irish Data Protection Act 2018 (henceforth “the Act”) accordingly incorporating the EU General Data Protection Regulation (GDPR).

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org

Except as set out below, we do not share, sell, or disclose to a third party, any information collected through our Website.

  1. https://www.irishstatutebook.ie/eli/2018/act/7/enacted/en/html


Definitions

Personal Information- Any information related to an identified or identifiable living person. This includes both information which can be used to identify that individual and information which cannot. Examples could include name, age, email address and telephone number.

Sensitive Personal Information- Personal information which is subject to a higher level of protection. This includes genetic, biometric and health data, race, ethnicity, political affiliations, sexual orientation, religious and ideological beliefs, and union membership. We do not actively collect any Sensitive Personal Information.

Process- In the context of the law and this notice, process means any act performed with data, such as to collect, store, organise, adapt, retrieve, transfer, disseminate, erase, use or otherwise act on.

Service- All products, services, websites and content offered by KungFu.Life, any KungFu.Life software, and any applications created by KungFu.Life, whether available through our website our subsidiaries or affiliated companies, or through a social networking site.

Website- The https://kungfu.life, https://courses.kungfu.life, community.kungfu.life, https://www.shaolinkungfu.ie/ and https://members.kungfu.life websites, and all their sub-domains.

Content- Information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by KungFu.Life, its instructors, independent contractors, employees, agents, contractors, affiliates and representatives, or generated by a user of the Service.

Data Controller- The person, authority or organisation which determines the purpose and means of data processing, in this case, KungFu.Life

Data Processor- Anyone who processes data on behalf of the Data Controller, KungFu.Life.

Third Party- A person, authority or organisation other than the subject of the data, the Data Controller (KungFu.Life) or an appointed Data Processor

Data Breach- A breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to, personal data.

Pseudonymisation- The processing of personal data in such a manner that it can no longer be attributed to a specific individual without the use of additional information. This additional information is kept separately and subject to measures to ensure that the personal data is not attributed to an identifiable individual.


The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If the basis on which we process your personal information is no longer relevant, then we shall immediately stop processing your data.

If the basis changes, then where required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information. This will be done through an update to this policy which is publicly available on our Website, and through a notification to our members.


1. Information we process because we have a contractual obligation with you

When you create an account on our Website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to monitor our performance with respect to a particular service we provide. If we use it for this purpose, all personal information will undergo pseudonymisation so that you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.


2. Information we process with your consent

Through certain actions, when otherwise there is no contractual relationship between us, such as when you browse our Website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our Website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent, or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by contacting us at [email protected] . However, if you do so, you may not be able to use our Website or our services further.


3. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

For example, we may process your data on this basis for the purposes of:

  1. Information we process because we have a legal obligation 

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.


Specific uses of information you provide to us

5. Information provided upon registering with KungFu.Life

When registering as customer, either by purchasing an individual course, or a membership package certain personal information will be requested from you to processes the registration. Additional optional information can be entered or will be accumulated during use of the Service.

This information includes:

This data is stored within a password protected customer account.


6. Information provided on the understanding that it will be shared with a third party

Our Website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

In posting personal information, it is up to you to satisfy yourself about the risks of doing so in a publicly visible space. You are free to post Sensitive Personal Information, but we hold no responsibility for any consequences as a result of you doing so.

Content and information posted on our Website will be stored, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at [email protected] Whilst this will remove the information from our Website, it does not guarantee all copies of this information are erased, as copies may have been made by third parties.


7. Data processors we use

We use a number of data processors outside of the organisation in order to supply you with the Service and market KungFu.Life. Listed below are the data processors we use both in the provision of the Service and in our marketing efforts. The former involves us directly sharing your information with a data processor, whilst the latter may involve you sharing your information with the data processor as part of your use of their platform and your interaction with us on that platform e.g. Facebook.

Your data will not necessarily be shared with all of these data processors; for example, depending on the method you use to pay your data may be processed by either Stripe or PayPal. Meanwhile, if you do not appear in any KungFu.Life videos and do not take part in live streamed classes, then there will be no footage of you shared with our data processors, unless you provide it e.g., through a forum post.Not all of our data processors store data, and only transmit it. Where this is the case, this is noted below.

Whilst we look to partner only with organisations with an approach to privacy which is compliant with GDPR we are not responsible for the actions of our data processors. We recommend that you look at each data processors Privacy Policy to satisfy yourself with its contents.

Below is listed each data processor we use, the personal information which may be held with them and their address.

ActiveCampaign- Contact details

1 North Dearborn St,

5th Floor,

Chicago,

IL,

60602,

USA

and

The Oval,

160 Shelbourne Road,

Dublin,

D04 E7K5,

Ireland


 

Dropbox, Inc.- Images and video footage, customer number, pseudonymised transactions with KungFu.Life.

333 Brannan Street,

San Francisco,

CA 94107,

USA

Google Ireland Limited- Public communications and video footage featuring individuals, emails, contact details, customer number, website usage logs, geographical location, internet service provider, IP address, software used for internet browsing, device used, and searches made on the Website. Using YouTube and Google Analytics and Google Workspace services.

Gordon House,

Barrow Street

Dublin 4

Ireland

Meta Platforms, Inc. (Facebook and Instagram)- Contact details, private messages, public posts

1 Hacker Way,

Menlo Park,

CA,

USA

and

4 Grand Canal Square,

Dublin 2

Ireland

Paypal Europe Services Limited - Contact details, bank card details, transactions with KungFu.Life.

283 Route d’Arlon,

L-1150,

Luxembourg.

and

Ballycoolin Business Park,

Ballycoolin Road,

Blanchardstown,

Dublin 15,

Ireland

Squarespace, Inc.- Website usage logs, geographical location, internet service provider, IP address, software used for internet browsing, device used, and searches made on the Website.

12th Floor,

225 Varick Street,

New York,

NY,

10014,

USA

and

Squarespace Ireland Limited,

Le Pole House,

Ship Street Great,

Dublin 8,

Ireland

Stripe Payments Europe Ltd. - Contact details, bank card details, transactions with KungFu.Life.

1 Grand Canal Street Lower,

Grand Canal Dock,

Dublin,

Ireland

Thinkific Labs Inc.- Contact details, purchase and subscription details, member course progression statistics and website usage.

369 Terminal Ave,

Vancouver,

British Columbia,

V6A 4C4,

Canada

Website Toolbox Inc.- Forum posts, messages, profiles and profile images (avatars).

237 Route 27,

Iselin,

New Jersey,

08830,

USA

Vimeo LLC- Video and audio footage of individuals.

555 West 18th Street,

New York,

10011,

USA

Zoom Video Communications, Inc.- Video and audio footage of individuals.

San Jose

55 Almaden Boulevard,

Suite 600,

San Jose,

CA,

95113,

USA

and

Parnassus Tower,

Locatellikade 1,

Floor 3,

Amsterdam,

1076 AZ,

Netherlands

Zapier Inc- Transmission of contact details, and purchase details between systems. This data is not stored by Zapier. Should an error occur, data related to the error may be stored by Zapier in log files; this may contain contact details.

548 Market St. #62411

San Francisco,

CA,

94104,

USA

and

Zapier UK Ltd,

Merlin Place,

Milton Road,

Cambridge,

CB4 0DP,

UK


8. Complaints regarding content on our Website

Our Website is a publishing medium. Anyone may register and then publish information about himself, herself or some other person.

We endeavour to moderate user generated content, but we are not always able to do so as soon as that content is published. KungFu.Life has the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Website, for any reason.

If you complain about any of the content on our Website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you. This judgement will be made in line with our Terms and Policies, available here.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.


9. Information relating to your method of payment

Payment information is never taken by us or transferred to us either through our Website or otherwise. Our employees and contractors never have access to it.

At the point of payment, you are transferred to a secure page on the website of Stripe or PayPal. That page may have our branding, but it is not controlled by us.


10. Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.


11. Sending a message to our support team

When you contact us, whether by telephone, through our Website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high-quality service.


12. Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person or party, we will require your consent in order to do this before we can proceed with attempting to resolve it.

We may also compile statistics on complaints to assess the level of service we provide, but not in a way that could identify you or any other person.


13. Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of us or as a business partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

We expect any affiliate or partner to agree to reciprocate this policy.


Use of information we collect through automated systems when you visit our Website


14. Cookies

Cookies are small text files that are placed on your device’s secondary memory (e.g. hard drive, SD card, flash drive etc.) by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others are presistent.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our Website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use. These include Tockify.com, YouTube.com and Vimeo.com.

When you first visit our Website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our Website.

We use cookies in the following ways:

We provide more information about the cookies we use in our cookie policy.


15. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our Website are recorded.

We record information such as your geographical location, date and time of access your Internet service provider and your IP address. We also record information about the software you are using to browse our Website, the type of device and the screen resolution.

In addition, actions taken upon our website, such as links clicked, and searches made are recorded, and data may be disclosed by your internet service provider.

This usage data is automatically stored in log files on servers. We use this information in aggregate to assess the popularity of the webpages on our Website and how we perform in providing content to you as well as for security purposes, and maintaining and improving the Website’s performance.

If combined with other information we know about you from previous visits, the data could be used to identify you personally, even if you are not signed into our Website.


16. Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our Website in order to be able to serve to you an advert for our products or services when you visit other websites.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

Disclosure and sharing of your information


17. Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

No such information is personally identifiable to you.


18. Third party advertising on our Website

Third parties may advertise on our Website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our Website.

They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts.

We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.


19. Data may be processed outside the European Union

Our Website is hosted in UK and Ireland.

We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.

Accordingly, data obtained within Ireland or any other country could be processed outside the European Union.

For example, some of the software our Website uses may have been developed in the United States of America or in Australia.

We use the following safeguards with respect to data transferred outside the European Union:


Your Data Rights


20. Right of access to your personal information

At any time, you may review or update personally identifiable information that we hold about you, by signing into your account on our Website.

To obtain a copy of any information that is not provided on our Website you may send us a request at [email protected]

After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.


21. Right to withdraw consent and erasure

If you wish us to remove personal information from our Website, you may contact us at [email protected]

This may limit the service we can provide to you.


22. Right to be informed

We have an obligation to inform you of your rights under GDPR, inform you of the purpose all data processing, the legal basis on which that data is processed and the use of any data processors or third parties. We this do through this privacy policy.

Should you request action from us, we will inform you of any actions taken, or the reasons for no action being taken, within one month, unless events reasonably outside of our control prevent this.


23. Right to rectification

If you wish us to correct any personal information we hold about you, please contact us at [email protected]


24. Right to restriction of processing

If you wish us to restrict the data processing activities we undertake with your personal information you may contact us at [email protected]

This may limit the service we can provide to you.


25. Right to data portability

You have the right to receive personal information you have provided us in a structured, commonly used, machine readable format, so that it can be passed onto another Data Controller. Given the nature of the information we collect and the Service we provide, it is not likely that any information we hold on you would be useful for another Data Controller.

If you wish to discuss this with us, please contact us at [email protected]


26. Right to object

You may object to our processing of data carried out specifically for the purpose of our legitimate interests. One such example would be marketing our Service to you or communicating upcoming events to existing members.

Objecting in this way may limit the service we can provide to you.


27. Automated individual decision making

We do not undertake any automated decision making.


28. Verification of your identity

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.


Other matters


29. Use of site by children

We do not sell products or provide services for purchase by children, nor do we market to children.

If you are under 18, you may use our Website only with consent from a parent or guardian


30. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.


31. How you can complain

If you have any enquires or concerns about our use of your personal information, you can request clarification or make a complaint by email. Our address is [email protected]

If a dispute is not settled, then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Data Protection Commission.

Website: www.dataprotection.ie

Telephone: 017650100 / 1800437 737

DPC Address:

21 Fitzwilliam Square South,

Dublin 2,

D02 RD28,

Ireland


32. Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:


33. Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our Website.

In certain circumstances we may be legally required to share your data with law enforcement or government agencies. We will only do this where required.


34. Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our Website on the day you use our Website. We advise you to print a copy for your records, though these may become out of date. Customers will be updated if and when this policy changes.

If you have any question regarding our privacy policy, please contact us.