Last updated and effective as of: 13th August 2020
WHAT IS PERSONAL INFORMATION?
PERSONAL INFORMATION WE COLLECT
Personal Information You Give Us: We collect personal information that you provide to us on our Sites, such as when you:
- provide your email address to sign up for one of our newsletters (“Newsletters”),
- provide your contact information and submission in a survey, sweepstakes, contest, or other promotion,
- provide your name, email address and password to create a user account for the Sites (“Account”),
- update your Account profile to include your birthday, mobile number, fax number or address,
- change your Account currency or notification preferences,
- add our products to your online collection or wishlist,
- provide us information about your interests, how to contact you and your feedback when you sign up for the Funko Fan Club,
- provide your email address, company, shipping address, billing address, phone number and payment information to purchase our products, content, subscriptions (“Subscription”) or services, or
- provide us your name, email address, image and custom message in connection with a request, inquiry or comment.
You can choose not to provide us personal information, but you may not be able to access or use portions of the Sites or some of their features as a result.
From Third Parties: We may also collect personal information from third parties in order to enhance your experience on our Sites, operate our business, and provide our products and services to you. For example, we may collect personal information from our service providers, such as payment processors, point-of-sale providers, and e-commerce platforms, in order to fulfill your purchases with us. If you choose to interact with us on social media, we may collect personal information about you from your social media account that you make public or share with us, in order to communicate with you and better understand your interests and our services. We may also collect personal information from publicly available sources to supplement the personal information we maintain in our systems.
OUR USE OF PERSONAL INFORMATION
We use personal information we collect to:
- Create and maintain your Account or Subscriptions with us;
- Facilitate the Funko Fan Club;
- Process, fulfill, and ship any Subscription(s), or other products, content or services you purchase or request;
- Perform research and analysis about your use of, or interest in, our products, services, Sites or other content;
- Communicate with you by email, regular mail, telephone or mobile device about products or services that may be of interest to you either from us or from other third parties;
- Develop and deliver our Newsletter to you;
- Tailor your user experience;
- Develop and display third-party content and advertising tailored to your interests on the Sites;
- Develop new and improve existing Sites, products, content and services;
- Conduct surveys, sweepstakes, contests and other promotions;
- Manage our business;
- Develop new products, content and services
- Perform functions as otherwise described to you at the time of collection;
- Prevent, investigate or provide notice of fraud or unlawful or criminal activity;
- Enforce and carry out our Terms and other agreements; and
- Comply with legal obligations.
OUR DISCLOSURE OF PERSONAL INFORMATION
We disclose personal information in the following ways:
- With the third party or third parties that perform(s) maintenance and operation of the Sites on our behalf;
- With other third parties that perform services or functions on our behalf. For example, we may share personal information with payment processors and shipping providers in order to fulfill your purchases and orders with us. We may also share personal information with third parties who help us to communicate with you about our products and services, including to deliver advertisements and other marketing communications;
- As required by a court or government agency or to respond to a claim by you or a third party;
- As part of or in connection with an actual or potential corporate business transaction, such as a merger, acquisition, joint venture, financing, sale, corporate change or insolvency, bankruptcy or receivership; and
- As you may otherwise request or agree.
If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies. Please note that doing so may negatively impact your experience using our website, as some features and offerings may not work properly or at all. Depending on your device and operating system, you may not be able to delete or block all cookies. In addition, if you want to reject cookies across all your browsers and devices, you will need to do so on each browser on each device you actively use. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.
Please note certain of our third-party providers may directly collect personal information about your online activities over time and across different websites when you use our website for purposes of providing online behavioral or interest-based advertising services to third parties. We support the self-regulatory principles for online behavioral advertising (“Principles”) published by the Digital Advertising Alliance (“DAA”). These Principles allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our advertising partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again.
If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.
CHILDREN’S PERSONAL INFORMATION
Our Sites are not directed at children under the age of 13, and we do not knowingly collect personal information directly from children under the age of 13 or from other websites or services directed at children under the age of 13. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 and its rules (“COPPA”), Funko will not knowingly request or collect personal information from any child under age 13 without obtaining the required parental consent.
The parent or legal guardian who has consented to a child providing personal information to one or more of the Sites may later view the child’s personal information and correct or remove the information, in whole or in part; instruct us to discontinue all use of the child’s personal information and/or not to communicate further with the child; or revoke or modify the consent, by contacting us at [email protected] and including the child’s name and email address and the parent or guardian’s name and email address. Please visit http://www.ftc.gov/privacy/privacyinitiatives/childrens.html for information from the Federal Trade Commission about protecting children’s privacy online.
PERSONAL INFORMATION CORRECTIONS AND UPDATES
You may request to view your personal information, or delete or modify incorrect parts thereof by emailing us at [email protected]. Please note that we may be required to decline your deletion request, or only honor your deletion request after a certain period of time, for business or legal reasons. In response to a deletion request, we may delete the personal information or deidentify/aggregate the personal information so that it can no longer be reasonably connected to you. When we delete any information, it will be deleted from the active database, but may remain in our archives. We reserve the right and may be required by law to verify the identity of any person making a request to access, modify or delete personal information; provided, however, that we will have no liability of any kind resulting from false or erroneous requests by you or any change or deletion made in accordance with your request.
THIRD PARTY WEBSITES AND STORES
Some websites, such as fan operated sites like www.funkofanatics.com, and online stores, such as resellers of our products, may use our name or our products in connection with their services. In addition, the Sites may contain links to other websites or stores.
Where you provide your email address to Funko through the Sites, we may send you commercial emails in order to deliver the Newsletter, to provide you with more information about available products you have purchased, and to provide you with updates, special offers, and other information, including but not limited to Site updates. You may unsubscribe from these commercial emails or from receiving our Newsletter at any time by clicking on the “unsubscribe” link included in any email or by contacting Funko via email at [email protected] or at the mailing address provided below. If you request to opt out of promotional communications, please note that we may continue to send you non-promotional communications via telephone or email, such as communications related to any business we may have with you or other transactional emails.
Nevada: Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at [email protected].
Note for International Visitors: Personal information may be transferred to, stored and processed in a country other than the one in which it was collected. For example, the Sites are primarily hosted in and provided from the United States. Please note the country to which personal data is transferred may not provide the same level of protection for personal information as the country from which it was transferred.
Attention: Legal Department
2802 Wetmore Avenue
Everett, WA 98201
PRIVACY DISCLOSURES FOR CALIFORNIA RESIDENTS
This section applies to you if you are a resident of the state of California and provides additional information about how we collect, use, disclose and otherwise process personal information of individual residents of the state of California within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). In addition to our personal information processing activities relating to our Sites, this section also addresses our personal information processing activities offline, such as in connection with our California-based retail store.
For purposes of this section, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include information that is made publicly available from government records, that is deidentified or aggregated such that it is not capable of being associated with you, or that is otherwise excluded from the CCPA’s scope. This section also does not apply to information relating to our employees, contractors, applicants and other personnel.
COLLECTION AND USE OF PERSONAL INFORMATION
In the last 12 months, we have collected the following categories of personal information:
- Identifiers, such as name, Account email address and password, IP address and other unique personal identifiers;
- California Customer Records (Cal. Civ. Code § 1798.80(e)), such as email address, telephone number, fax number, billing address, shipping address, birthday (month/day), currency or notification preferences, responses to interest-based questions, Funko Fan Club membership and payment information (such as cardholder name, billing address, credit card number, expiration date, authentication code, check routing number, account number or related information);
- Commercial Information, such as products, content, Subscriptions or services purchased, added to your cart or of interest to you, as well as products added to your online collection or wishlist;
- Internet/Network Information, such as log data (including IP address, date and time of access, device information) and clickstream data (such as your actions on the Sites);
- Geolocation Data, such as your general geographic location based on your IP address or more precise location when accessing our Sites through a mobile device;
- Sensory Information, such as audio recordings, photographs and video footage you choose to provide, or we otherwise record as permitted by law;
- Professional/Employment Information, such as your company name;
- Other Personal Information, such as your entries in surveys, sweepstakes, contests or other promotions, and the feedback or custom message you provide in connection with a request, inquiry or comment directly to us or through a third-party platform (such as social media);
- Inferences, such as deriving products of interest from other personal information we have collected about you.
DISCLOSURE AND “SALE” OF PERSONAL INFORMATION
We share personal information with third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt-out of those sales (please refer to the Your California Privacy Rights section below). The categories of third parties to whom we disclose your personal information may include our subsidiaries, our service providers that perform services or functions on our behalf, marketing providers, and certain third parties where you have provided consent or where we are required by law.
As is common practice among companies that operate online, we also allow certain third-party providers to collect information about consumers directly through our websites and other online services for purposes of analyzing and optimizing our services, delivering ads, providing content and ads that are more relevant, measuring statistics and the success of ad campaigns, and detecting and reporting fraud. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please refer to the Submitting Requests section below regarding your right to opt-out.
YOUR CALIFORNIA PRIVACY RIGHTS
As a California resident, you may be able to request to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):
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 personal 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 about you (if any) and the categories of third parties to whom the information was sold; and
- The business or commercial purposes for collecting or, if applicable, selling personal information about you.
- 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 direct us not to sell personal information we have collected about you to third parties. If you are under the age of 16, you have the right not to have your information sold, unless you, or your parent or guardian, affirmatively authorize such sales (the “Right to Opt-In”).
You also have the right to be free from discrimination for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner.
In addition, if you have an established customer relationship with us for personal, family or household purposes, you may also have the right under California’s “Shine the Light” law to request:
- A list of the categories of certain personal information that we have disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes; and
- The names and addresses of all such third parties.
To Exercise Your Right to Know, Right to Deletion or “Shine the Light” Right. To exercise your right to know, right to deletion or “Shine the Light” right, please submit a request specifying the right you wish to exercise by:
- Emailing [email protected] with the subject line “California Rights Request”
We may need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account (if applicable). We will only use personal information provided in connection with your request to review and process your request.
In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.
PRIVACY DISCLOSURES FOR THE EUROPEAN ECONOMIC AREA, UNITED KINGDOM AND SWITZERLAND
While we are primarily based in the United States, we maintain operations in Europe and may direct our services to individuals located in the European Economic Area (“EEA”), United Kingdom and Switzerland, including through our European-specific Sites like www.funkoeurope.com (collectively, our “European Services”). The following disclosures apply to our processing of personal data in connection with our European Services.
Funko UK, LTD is the data controller responsible for the processing of personal data in connection with our European Services.
Personal Data: When we use the term “personal data” in this section, we mean information relating to an identified or identifiable natural person.
Categories of Personal Data: We collect the categories of personal data set forth above in the section entitled Personal Information We Collect.
Basis for Processing: We process personal data:
- When it is necessary for the performance of any contractual relationship we may have with you, such as payment information where it is necessary to conclude a transaction with you;
- Where it is necessary for us to comply with our legal obligations, such as tax reporting or for anti-money laundering purposes; or
We may also process your personal data based on your explicit consent (i.e., your freely given, specific, informed and unambiguous consent). Where this is the case, we will clearly request your consent prior to collecting or processing your personal data. You should be aware that you have the right to withdraw your consent at any time.
Data Retention: We will retain personal data you provide to us for as long as you use the Sites or any of our European Services and for a reasonable time thereafter. We will retain automatically collected information for up to twenty-four (24) months and thereafter may store it in aggregate.
We may transfer personal data about you outside the EEA, the United Kingdom or Switzerland and when we do so, we rely on appropriate and suitable safeguards recognized under European law, including:
- Adequacy Decisions: We may transfer personal data about you to countries that European regulators have deemed to adequately safeguard personal data.
- Standard Contractual Clauses: European regulators have adopted Standard Contractual Clauses, which provide safeguards for personal data transferred outside of Europe. We may use these Standard Contractual Clauses when transferring personal data from a country in Europe to a country outside Europe that has not been deemed to adequately safeguard personal data.
Data Processors: We may retain third parties to process or analyze personal data we collect in connection with our European Services. For example, a Site may be maintained or hosted by a third-party service provider, a promotion may be administered by a sales promotion agency, and/or products may be fulfilled by a wholesaler. These suppliers and other third parties who provide services for us are contractually obligated not to use personal data about you except as we authorize.
Profiling: We may analyze personal data we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use personal data about you to detect and reduce fraud and credit risk.
Your Rights: In connection with our European Services, you may be able to request to exercise the following rights in relation to your personal data (subject to certain limitations at law): (a) a right to withdraw your consent to the processing of personal data about you to which you have previously given consent; (b) a right to object to processing of personal data about you based on our legitimate interest or for the purpose of direct marketing; (c) the right, in some circumstances, to require us to limit the purposes for which we process your personal data; and (d) a right to have any incorrect or incomplete personal data about you rectified.
You may, in some circumstances, also require us to erase your personal data if the continued processing of that personal data is not justified. Please note that some or all of this personal data may be required in order for you to make use of our European Services, including your subscriptions. If you wish to erase this personal data, you may no longer be able to use these features. Any personal data you have shared publicly with others may continue to be publicly visible on the Sites.
You also have the right to obtain a copy of the personal data we have about you, as well as information relating to its processing. In certain circumstances, you have the right to receive a copy of the personal data you have provided to us in a structured, commonly used, machine-readable format that supports re-use, or to request the transfer of your personal data to another person.
If you wish to exercise one of these rights, please contact us using the contact details set forth below.
Funko UK, LTD
Attention: Legal Department
21 Holborn Viaduct
London, EC1A 2DY
If you have any complaints regarding our privacy practices, you have the right to lodge a complaint with your national data protection authority (i.e., supervisory authority).