Information We Collect
KungFu Express collects both Personal Information (defined below) and Other Information (defined below) regarding users of the Services or relating to the Services, either directly or through the activities of third-party suppliers and service providers ("Suppliers") and/or franchisees. For purposes of this Policy, "Personal Information" is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a person. "Other Information" is any information that is not Personal Information. We may combine Other Information with Personal Information, and in those circumstances we will treat the combined information as Personal Information. The Personal Information that KungFu Express collects may include:
- First and last name
- Date of birth
- Gender Expression
- Email address
- Phone number
- MyKungFu number
- Persistent online identifier (e.g. persistent cookie, IP address, MAC address)
- Geolocation (which may include specific longitude and latitude)
- Social media identifiers
- Certain financial payment details for purchases
- Financial and business information related to a franchisee applicant
- Financial and business information related to a catering applicant/customer
- Internet/Network information, such as device name, device ID, browsing history, browser type, interaction with website or online advertisement
- Inquiry information, such as your questions/feedback to us or survey responses
Sources of Our Collection
KungFu Express collects Personal Information and Other Information from various sources (including from our franchisees and Suppliers) that may include, for example, from:
- You Directly. Information you provide directly when you use or otherwise interact with the Services, complete a survey, contact us through our contact center at https://kungfuexpress.com/contact-us or otherwise, provide feedback and/or submissions, make a press inquiry, or submit information through the Services, in connection with a Program or otherwise.
- Your Browser or Device. Information collected automatically as a result of your interaction with us, our Suppliers or franchisees and/or use of the Services (including information we receive when you use your Program member card(s), historical sales information, your geolocation information (which may include specific longitude and latitude), usage times and volume, and information about the device you are using (for example, device type, device ID, characteristics and status, browser type, operating system and application version and information about how our application is used) or through our marketing activities.
- Third Parties. Information we collect about you from third parties in order to supplement our existing information about you. For example, your occupation, general geographic location, media and brand preferences, inferred interests, demographic information, purchase behavior, public online activities, and other information about you or your household.
- Sweepstakes Partners. Information that you provide as part of entering a contest or sweepstakes online through the Services or through a third-party website. This information will be used as described in the applicable Official Contest/Sweepstakes Rules.
- Publicly Available Sources. Information that is publicly available, for example information you submit to a blog, chat room or social media network like Facebook or Twitter.
- Prospective Franchisees. Information submitted in an online form for individuals interested in becoming a franchisee. Such information may be used in any application for a KungFu Express franchise that you might later submit.
- Social Media Networks. Information that your social media network provides to us if you connect your social media account with KungFu Express. For example, this may include your social media ID or username, name, email address, general location, friends list, and demographic information such as gender or birthday/age. Note that certain of the information we receive will become part of your account(s) with KungFu Express and will be subject to this Policy.
- Otherwise in Accordance with our Agreements with You. Information as described elsewhere in this Policy, the Terms, and/or applicable Program terms, or at the time such information is collected.
We may combine the information we collect about you, and we may combine information we collect about you with information we collect from other sources, for example, our advertisements that you see. We may also associate information we collect about you with information we collect about other users' accounts if you/your employer has set up an account for multiple authorized users (for example, a corporate catering account).
How We Use the Information We Collect
KungFu Express, our franchisees, or our Suppliers may use Personal Information and/or Other Information in a number of ways, including:
- To Better Serve You. To help us better understand and serve our customers.
- To Fulfill Your Orders. To fulfill your order either online or in our stores.
- To Provide You Our Services. To provide Services, Program and services functionality and to administer the Services, including to let you sign up for an account, provide you with Program benefits, verify your participation in a Program, process orders placed, track submissions, to keep records of our interactions, and to ensure your compliance with the applicable Program terms. Note that third-party information you provide (for example, your friend in a forward-to-a-friend program) may be maintained in connection with your submission. Please note that we may suspend, cancel, or combine MyKungFu or other accounts through the Services if they appear to be duplicative.
- To Contact You. To contact you by email, phone, text, push notice or other method regarding our products and services, including matters related to your account, your order, or your future catering needs.
- To Provide You Information About Our Services. To provide you with, or otherwise respond to your submissions or requests for, information and/or services, including but not limited to providing e-newsletters, webcasts, text messages, push notices, marketing, and other programs; responding to Customer Care, catering and other inquiries; and letting you know if you qualify for one of our Programs (for example, our Day-End Dough-Nation program).
- To Send You Promotional Offerings. To send you promotional messages regarding new products or services, events in our restaurants, events that KungFu Express or our franchisees sponsor, including but not limited to contests, sweepstakes and surveys, and special offers and marketing programs, which may include information about our affiliated company(ies), franchisees, and/or other programs with which any of us or them are involved, and/or information about third party products, services, offers or programs.
- To Invite You to Participate in Surveys. Survey responses received by KungFu Express may not be in an anonymous format and may be associated with your Program account or other Personal Information.
- To Provide You Location-Based Services. To provide location-based services to you (such as notifying you of nearby restaurant locations or sending push notifications to you) or to engage in analysis, research, product development, and targeted marketing by email, push notification, online or in-app advertising, or otherwise based on your device’s geolocation (which may include specific longitude and latitude), your use of our Services (including the KungFu Express mobile application), and Personal Information that we collect from you on the Services. See "Location" below for more information. If you do not want to share your specific longitude and latitude with KungFu Express, you may adjust your location preferences on your computer, browser, or mobile device.
- To Enhance Our Services. To enhance our customers' and Service users' experiences in our restaurants, on the Services or in a Program, and enhance the sales efforts of KungFu Express and/or our franchisees.
- To Protect Our Online Security and Our/Our Supplier's Rights, Property and Interests. To monitor and protect the security of our computer systems and networks, and to protect KungFu Express' and our Supplier's rights, property and interests.
- For Research Purposes. To conduct research and analysis and to otherwise measure the effectiveness of the Services, Programs and our online and offline marketing efforts, and to develop and implement products, services, and marketing programs. This may include the combination of Personal Information with Other Information as well as with Personal Information and/or Other Information acquired by us from online and offline sources.
- For Collaboration with Third Parties. To work with third parties to append data to our records or enable other parties to append Other Information to their records.
- For Marketing Purposes. To coordinate Program activities and communications with other communications and marketing programs conducted by us and/or franchisees. For purposes of targeted or customized advertising or messaging to you, including as described in sections below.
- To Prevent Fraud. To prevent, investigate, or provide notice of fraud or unlawful or criminal activity.
- To Comply with Legal Process and Our Legal Obligations. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- For Business Transactions. To evaluate, negotiate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction.
How We Share Information with Third Parties
We may share your Personal and/or Other Information with third parties as described in this Policy and for our business purposes including:
- To Our Service Providers. To our Suppliers who are performing services for us, including, without limitation, companies that host our Services or information systems, deliver communications on our behalf, make gift card and e-gift card services available to you, or otherwise assist us with providing the Services to you.
- Within KungFu Express and its' Affiliates/Franchisees. To affiliates/franchisees, and business units, suppliers, consultants and agents of us/them, including as part of our consideration of any franchise application and/or to administer/improve our/their programs and services.
- To Businesses Providing Features through our Services. The Services may also contain a Facebook "like" button and/or a Twitter "follow" button. If you choose to use these features or other comment or sharing features provided through the Services, such action may disclose your Personal Information and/or Other Information not just to third-party websites and services, but also to their users and the public more generally. The Services may also allow you to share portions of your account information with third parties (for example, in connection with your use of an electronic wallet) and will automatically share information about your use of our Services with third parties if you use third party services to interact with the Services (for example in connection with your use of third party voice assist or payment services). See the "Third-Party Sites" section below.
- To Third Parties in the Context of a Corporate Transaction. To third parties in the event of a proposed or actual merger, acquisition, bankruptcy, financing, sale, or other transfer of some or all of our business or assets.
- To Analytics Providers. To Suppliers and other third parties to engage in analysis, research, improvements to our products and services, and product development. These parties may use insights gathered from such information to improve their own products or services.
- To Third Parties in Anonymous/de-identified and/or Aggregated Form. To Suppliers and other third parties in an anonymous/de-identified and/or aggregated form that is not linked or reasonably linkable to any consumer or household, such as sharing statistics about users of the Services for KungFu Express', Supplier's, and third party(ies)' business purposes or otherwise.
- To Business Partners. To third parties so they can develop, improve and tell you about their products, services, offers and programs which work with or are otherwise related to KungFu Express ', its affiliates' and/or franchisee's products, services and offers. For example, we may share your information with a payment processor in order for them to tell you about how their services work with KungFu Express' services. To third parties when you use their services together with our Services, or when you share information directly through our Services. For example, the Services may contain links to third-party websites that incorporate comments and social media features.
- To Third Parties at Your Request or Otherwise with Your Consent. To third parties at your direction or with your consent.
To learn about opting out of the sharing of your Personal Information, see the "Your Choices and Changing Your Information" section.
Like most websites, apps and other like services, the Services gather traffic patterns, usage information, and similar data. This usage data may identify you individually and we may associate it with Personal Information that we collect from you on the Services and related to any Program(s) you participate in and as otherwise described in this Policy. (See the "Information We Collect" and "How We Use the Information We Collect" sections of this Policy and any applicable individual Program terms for more details. Also see the Career Site Cookies Settings for information specific to the career pages of this Site.) We may use this data in aggregated form or share anonymous/de-identified and/or aggregated information/statistics about visitors to the Services with others outside of KungFu Express, and we may allow third parties to collect and aggregate Other Information through the Services and/or Supplier sites accessible from or through the Services.
- "Pixels" or "web beacons" are lines of code used by a website or third-party ad server to cause a cookie to track a user's activity on particular sites and/or using particular advertising/links, for example, to record that a user has visited a particular webpage or viewed a particular email, and to collect other information about that user on that site, including the IP address of the computer (and therefore infer information, such as geolocation (which may include specific longitude and latitude)), web pages being viewed, date/time viewed, and user activity on a particular page.
Third-Party Analytics and Targeted Marketing
We and our Suppliers may implement and evaluate our marketing activities and programs, including to engage in targeted and personalized online advertising on the Services, on third-party websites, mobile apps, TV, or other online or offline services operated by third parties. This marketing may be targeted to you based on Personal Information and/or Other Information collected over time, such as through your participation in the Programs, your activity on the Services, your device’s geolocation (which may include specific longitude and latitude), your activity on unaffiliated third-party sites, mobile apps, or other online services, other marketing activities and Programs, and/or from third parties with whom we work. We and our Suppliers, including Facebook, may use Tracking Technologies (as described under "Usage Information" above) to collect information for such marketing and evaluation purposes. For example, our Suppliers may use the fact that you visited the KungFu Express website to deliver ads to you on non- KungFu Express websites, or they may use the fact that you used the KungFu Express mobile app to deliver ads to you on non- KungFu Express mobile apps. We and our Suppliers may also identify whether our marketing activities and programs resulted in you engaging in other activities on our Services, our advertising and/or marketing, making purchases from us and/or our franchisees, visiting restaurants, or otherwise engaging with us. In addition, we and our Suppliers may target KungFu Express ads to you on your TV or other online services if we or our Supplier have identified you as a KungFu Express customer using information we share with them, such as your name, email address, or mailing address.
We and our Suppliers may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, computers, and TVs) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Suppliers may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (information about your activity on websites or apps on your current browser or device and your device’s geolocation (which may include specific longitude and latitude)) may be combined with information collected from your other browsers or devices. For example, our Suppliers may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.
You may opt out of certain of our or our Suppliers' targeted marketing practices in web browsers and mobile applications by following the instructions below. Please note that you will need to opt out separately on all of your browsers and devices, as each opt-out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again. Note that some Suppliers may also make their own opt-out process available. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about KungFu Express.
- Web Browser Opt-Out. To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices, the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/consumers, and the Digital Advertising Alliance of Canada Consumer Choice page at www.youradchoices.ca/choices.
- Mobile Application Opt-Out. To opt out in mobile apps, please download the Digital Advertising Alliance's AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device. For example, to adjust your advertising preferences in iOS, visit the limit ad tracking settings within the Settings functionality of your mobile device; to adjust your advertising preferences in Android, visit the opt-out of interest-based ads settings within the Settings functionality of your mobile device. You can also use the settings within your device to opt out of or turn off push notifications.
- Location Opt-Out. If you do not want KungFu Express to use your specific longitude and latitude information for targeted marketing purposes, you may adjust your location preferences on your computer, browser, or mobile device. You can also stop our collection of location information by uninstalling our mobile application from your device.
If you would like to request that KungFu Express limit the use or sharing of your Personal Information for other targeted marketing purposes, such as to deliver targeted ads to you on your TV (where available), or other online services based on your Personal Information, please contact us by accessing our Contact Center at https://kungfuexpress.com/contact-us. If your Personal Information has previously been shared with our Suppliers or other third parties, any request to limit such sharing may not be effective with respect to such previously shared Personal Information. Some of the Suppliers that display our ads on their services may provide you with additional choices to opt out of targeted advertising. For example, social media and TV providers may allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.
The Services are not directed toward children under the age of 13, and we do not knowingly collect any Personal Information from children under the age of 13. If you are between the ages of 13 and 18, please ensure that you use the Services with the permission of a parent or guardian. You must be 18 to use some portions of the Services. If a child under 13 has provided us with Personal Information, we ask that a parent or guardian contact us by accessing our Contact Center at https://kungfuexpress.com/contact-us, call us at 516-622-8400 or write us at Customer Support, KungFu Express, 5 GLen Cove Road Greenvale, N.Y. 11548, so that we may promptly delete the child's information from our records.
Security and Cross-Border Transfer of Your Information
KungFu Express maintains reasonable physical, electronic, and procedural safeguards to protect your Personal Information. Unfortunately, we can't guarantee that any safeguards or security measures will be sufficient to prevent a security problem. If you believe your account(s) have been compromised or your MyKungFu card is lost or stolen, please immediately contact us by accessing our Customer Care Center at https://kungfuexpress.com/contact-us and take immediate action to remove the credit card, KungFu Express gift card, or other payment information associated with your account(s). Email submissions over the Internet may not be secure, so please do not include any sensitive or confidential information in your message to us.
Personal Information and Other Information may be transferred to and stored on computers and servers located in the United States and other countries located outside your country of residence. The laws of these countries may not offer a level of privacy protection for Personal Information as great as that offered in your country of residence. Further, Personal Information might be disclosed to governments or law enforcement agencies in these countries where required by law. By agreeing to this Policy, using the Services, and/or sharing your Personal Information with KungFu Express, you consent to such transfer.
Your Choices and Changing Your Information
We provide you with the ability to review or change certain elements of your Personal Information and make certain choices about how we use or share Personal and/or Other Information. You may review, change, or exercise choice regarding certain of your Personal Information and/or Other Information as follows:
- To update, verify, or delete certain of your Personal Information, please edit the applicable account. If you need assistance, please contact us by accessing our Contact Center at https://kungfuexpress.com/contact-us. Note that not all fields are able to be changed.
- To opt out of certain analytics tracking, online advertising and third-party tracking, see the "Usage Information" and the "Analytics" and "Opt-Out Choices" subsections of the "Third Party Analytics and Targeted Marketing" section above.
- To stop sharing your specific longitude and latitude information with us, you may adjust your location preferences on your computer, browser, or mobile device.
- To request that KungFu Express does not share your Personal Information with third parties for their own marketing purposes on a going-forward basis, please contact us by accessing our Contact Center at https://kungfuexpress.com/contact-us.
- To unsubscribe from marketing emails, click the “unsubscribe” link found in our marketing email messages.
- To unsubscribe from text message communications, text STOP in response to the text message you received. Note that you will only be unsubscribed from the particular program about which the text was sent. If you have signed up for multiple text programs you will need to opt out of each program separately. Your opt-preference is tied to the mobile phone number you provide, not to any KungFu Express account or you individually. Accordingly, if you share a phone number with someone else, the most recent opt preference for that mobile phone number will apply.
In some cases this information may not be immediately updated, subject to retention for Program administration, dispute resolution, troubleshooting, and other legal or business reasons, including within our Supplier's records. Your historical usage information may remain in our/our Supplier's records. Also see the "Usage Information" and "Analytics" and "Opt-Out Choices" sub section of the "Third Party Analytics and Targeted Marketing" section above for other limitations. Other choices may be available within your account page or presented to you in certain marketing communications.