FUNKO PRIVACY POLICY

Funko LLC (“Funko”, “we,” or “us”) is committed to providing a fun, entertaining, and safe experience for our customers.  This Privacy Policy (this “Policy”) applies to and governs any and all Personal Information (as defined below) you provide to us or we collect about you while (“you,” “your,” or “user”) visiting, using our Funko.com and the various product specific websites managed by Funko listed at [link], including, www.collectorscorps.com, www.vinylsugar.com, www.funko-shop.com, www.legionofcollectors.com, and www.smugglersbounty.com (the “Sites”).  This Policy applies whether you access the Sites through a personal computer, mobile device, or any other means.

Together with our Terms of Use [insert link] (the “Terms”), this Policy is a legally binding agreement between you and Funko.  By accessing or using the Sites or by registering for an Account (as defined below), you consent to the Terms and the Policy, including Funko’s collection, use, and disclosure of your Personal Information (as defined below) as described below.  Please read this Policy carefully.  Funko reserves the right to change or modify this Privacy Policy as it deems necessary or appropriate due to changes in our business practices or changes in the law.  If you have provided us with your email address, Funko will attempt to notify you by that address of any material changes to how we use your Personal Information.

What is Personal Information?

For the purposes of this Policy, we define “Personal Information” is your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, or any other identifier that permits Funko to contact a natural human person, like you, and/or any information that Funko maintains that could be used to identify you in combination with any of the identifying information described above.

We will collect and store any Personal Information you provide to us.  For example, to create a user account for the Sites (“Account”) we ask you to provide your name, an email address; when you sign up for Funko’s Newsletter (the “Newsletter”), we ask you to provide your email address; and when you purchase any product, we ask you to provide your name, shipping address, and phone number.  We collect and store any Personal Information that you choose to provide in accordance with this Policy.  Please note: it is your choice to provide us with this information.

Personal Information does not include “aggregate” information, which is data we collect automatically about the use of the Sites.  The Policy does not restrict or limit our collection and use of aggregate information, and we reserve the right to share such aggregate information with potential partners or other third parties without restriction.

Information We Collect

Information You Give Us: Funko receives and stores any Personal Information you post on or provide through the Sites or through any other means, including, without limitation, information you provide to Funko when you register for an Account, sign up for the Newsletter, purchase a product, (as defined below), or request information from Funko regarding our products or services.  You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Website.  Funko may, but is not obligated to, retain the content of any electronic messages (“emails”) you send or Personal Information you provide by any other means.

Purchases: Please note that, if you purchase any Funko product via the Sites, we may ask you to provide us with your credit card number, expiration date, and authentication codes or related information to complete the purchase.  Product may be purchased only by persons over the age of 18.  Areas of the Sites where visitors can make purchases are run by trusted third party Authorize.net.  Authorize.net is a leading payment gateway that accepts credit cards and electronic check payments safely and securely for our customers.  Authorize.net protects personal information (at a minimum) to the Payment Card Industry Data Security Standards (“PCI DSS”), which is the bankcard industry’s most stringent security standard.  The information you provide to Funko or Authorize.net, such as cardholder name, credit card number, billing address, check routing number, account number, or the like, will be used by Funko in connection with Authorize.net for the purpose of correctly authorizing and processing your purchase.  Any information you provide on or through any such purchase areas of the Sites is subject to Authorize.net’s privacy policy, available at www.authorize.net/company/privacy/.

Gift Subscriptions: You may purchase a Subscription for a recipient other than yourself (“Gift Subscription”).  If you do, you will be required to submit the recipient’s name and email address, and Funko will email the recipient a gift code which he or she may redeem on the Website.  The Gift Subscription recipient’s Personal Information that you submit to Funko will be used only to send the email containing the gift code, and will not be stored or maintained by Funko.  For more information about Gift Subscriptions, please click here [link to Gift Subscription Information].

 

Automated Collection: Funko automatically receives and stores certain types of Personal Information when you visit the Sites, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Sites; the Internet address of the website from which you linked to the Sites; any search terms you used to find the Sites; the device identifiers and mobile and network information, and your actions on the Sites.  This information will be treated as Personal Information if we combine or link it to any of the identifying information above.  Otherwise, this information constitutes aggregate information.

We may also automatically receive and store certain types of information when you visit the Sites through the use of cookies, web beacons, or similar programs to collect the information described above.  A cookie is a small text file that is sent to your computer to collect information about your activities on the Sites.  The cookie transmits this information back to the applicable Site each time your browser requests a page from the Site.  We may also use cookies to maintain session information you provide to us, so that when you leave the Site and return, the Site will recognize your device.  “Web beacons” are small pieces of code placed on websites used to collect advertising metrics, such as counting page views, promotion views, or advertising responses.  We may also use cookies or web beacons to measure aggregate web statistics, including the number of monthly visitors, number of repeat visitors, most popular webpages and other information.  Cookies do not contain any Personal Information and it is our policy not to track your Internet usage outside of the Site.  However, you always have a choice with regard to cookies.  You can modify your browser preferences to allow you to accept or reject all cookies or to notify you when a cookie is set.  If you choose to reject all cookies, you may be unable to use certain areas of the Site.  Please consult your browser instructions for information on how to modify your choices about cookies.  Finally, you may delete any existing cookies manually from the hard drive of your device. For more information about cookies, please visit www.allaboutcookies.org.

Our web servers may also collect “log data.”  Log data provides aggregate information about the number of visits to different pages on the Sites.  We use log data for troubleshooting purposes and to track which pages people visit in order to improve the Sites.  We do not link log data collected to Personal Information. Third-party vendors may also collect aggregate log data independently from us.

“Do Not Track”: Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings.  Funko supports and honors “Do Not Track” web browser settings.  If you enable Do Not Track settings in the browser you are using, Funko will not collect, store, or use Personal Information about websites you visit using that browser other than www.funko-shop.com.  Other parties, however, may not honor Do Not Track signals.  These parties may collect Personal Information about your online activities over time and across different web sites when you visit www.funko-shop.com, for example by using cookies on our Sites.  We have no access to or control over other parties’ Personal Information collection practices, even those with which Funko may have an affiliation.  You should carefully review the privacy policy and terms of any website you visit. For more information about Do Not Track, please visit www.allaboutdnt.org.

Use of Personal Information

Funko stores your Personal Information for only as long as you maintain your Subscription or Gift Subscription, receive our Newsletter, or receive a Funko product or service purchased on the Sites, and may use the Personal Information provided or obtained through the Sites to:

  • Perform research and analysis about your use of, or interest in, our products, services, or content;
  • Communicate with you by email, regular mail, telephone, or mobile devices, about products or services that may be of interest to you either from us or from other third parties;
  • Develop and deliver the Newsletter;
  • Tailor your user experience;
  • Develop and display third-party content and advertising tailored to your interests on the Sites;
  • Enforce our Terms of Use;
  • Manage our business;
  • Perform functions as otherwise described to you at the time of collection;
  • In connection with the creation and maintenance of your Account; and
  • In connection with the processing, fulfillment, and shipment of any Subscription(s), Gift Subscription(s), or other Funko products or services you purchase.

Disclosure of Personal Information to Third Parties

Funko does not share the Personal Information provided or obtained through the Sites with third parties, except as described below and as otherwise specified in this Policy. Funko may share Personal Information as follows:

  • With the third party or third parties that perform(s) maintenance and operation of the Sites on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information;
  • With other third parties that perform services or functions on our behalf, including, but not limited to, Authorize.net. We do not authorize such third parties to use your Personal Information for any other purposes;
  • As Funko believes necessary to comply with laws, statutes, or regulations, and/or to enforce this Policy and the Terms and to protect our rights and the rights of others;
  • As required by a court or government agency or to respond to a claim by you or a third party;
  • As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving Funko; and
  • As you may otherwise request or agree.

Children

The Sites are not directed at children, and Funko does not knowingly collect Personal Information directly from users under the age of 13 or from other web sites or services directed at children.  Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), Funko will not knowingly request or collect Personal Information from any child under age 13 without obtaining the required parental consent.  Children can browse the Sites without any personal information being collected.

If you are a parent or legal guardian and purchase a Subscription or Gift Subscription for or on behalf of your child, naming your child as the Subscription or Gift Subscription recipient, you agree that Funko may collect, store, use and process your child’s Personal Information for the purposes described above and in accordance with this Privacy Policy.  If Funko learns that a user under 13 years of age has submitted Personal Information through or using one of the Sites without his or her parent or legal guardian’s consent, Funko will take reasonable measures to obtain consent by contacting the child’s parent or legal guardian if possible and shall, if consent cannot be or is not obtained, take reasonable measures to delete such information from its databases and not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).  If Funko obtains the required consent from the parent or guardian of a child under 13, we will only ask for Personal Information that is reasonably necessary for the child to redeem his or her Subscription, Gift Subscription and/or product ordered and will store such Personal Information for only as long as reasonably necessary to fulfill these purposes.

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 Funko 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 Funko at support@funko-shop.com 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.

Corrections and Updates

If you want to view, delete, or modify your Personal Information, you may do so by sending an email to support@funko-shop.com.  Please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with Your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.

You may also choose to opt-out of receiving future Newsletters or any other email communications from Funko by following the unsubscribe instructions included in email communications, or by contacting Funko via email as provided above.

Funko reserves the right to verify the identity of any person making a request to opt-out or to delete or modify Personal Information; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion made by Funko for any reason.  Funko stores Personal Information for only as long as reasonably necessary to fulfill the purposes described above, as Funko determines is necessary for business records, and as required under applicable law.

Third Party Websites

The Sites may contain links to other websites.  Funko does not control, and makes no representations whatsoever regarding, such other websites or the products and services offered by or through websites accessed through links on the Sites, even those with which Funko may have an affiliation. If you decide to access third party websites linked through the Sites you do so at your own risk. You should carefully review the privacy policy and terms of any such website.

What Steps Do We Take To Protect Your Information Online?

We take reasonable measures to protect your Personal Information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. All Funko employees with access to the Personal Information you provide to us through the Sites or through any other means are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.

Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse.  To mitigate this risk, you should (a) use secure usernames and passwords and carefully protect them from disclosure and (b) implement updated internet security and virus protection on Your computer.  If you suspect that your computer’s security or your information has been compromised or your password accessed or used by an unauthorized third party, please contact us immediately to have your password changed. 

If we become aware of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps.  We may post a notice through the Sites if a security breach occurs.  We may also send an email to you at the email address you have provided to use in these circumstances.  Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Users should also be aware of how they handle and disclose their Personal Information and should avoid sending Personal Information through insecure email.  Please refer to the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/consumer-privacy for information about how to protect yourself against identity theft.

Commercial Electronic Message Consent

By providing your email address to Funko through the Sites, you affirmatively and expressly consent to receiving commercial emails from Funko.  These parties 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 at any time by clicking on the “unsubscribe” link included in any email or by contacting Funko via email at support@funko-shop.com or at the mailing address provided below.

Your California Privacy Rights

Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.

Any request for a disclosure required under this California law should be sent to us via email at support@funko-shop.com or via regular mail at:

Funko, LLC
1202 Shuksan Way
Everett, WA 98203

Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.

International Visitors

The Sites are hosted in and provided from the United States.  If you use the Website from the European Union, Canada, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States.  The United States does not have the same data protection laws as the EU, Canada, and some other regions.  By providing your Personal Information, you consent to the transfer of your personal data to the United States and the use of your Personal Information, in accordance with this Policy.

Business Transfer

In the event of a bankruptcy or a sale, merger or acquisition, Funko may transfer Your personal information to a separate entity.  That entity will be responsible for ensuring that Your personal information is used only for authorized purposes and persons in a manner consistent with this Policy and applicable law.

Questions?

If you have any questions about this Policy, please contact us at support@funko-shop.com.

Last updated and effective as of: 11/13/2015