Messaging Terms & Conditions

These Funko Messaging Program Terms & Conditions (“Messaging Terms”) apply to your participation in the messaging program (the “Program”) operated by Funko, LLC and our affiliates, including Funko UK, Ltd. for consumers located in Europe (collectively, “Funko,” “we” or “us”) through SMS, MMS, WhatsApp, and other messaging channels or platforms we may make available from time to time.. Your participation in the Program constitutes your express consent to receive automated messages through the Program from Funko at the mobile number you provide, including messages that may be sent using an automatic telephone dialing system. By signing up for the Program, you agree to these Messaging Terms, including the DISPUTE RESOLUTION AND ARBITRATION AGREEMENT contained herein, and our Terms of Service, which are incorporated by reference. If you do not agree to these terms, you must immediately discontinue your participation in the Program by following the cancellation instructions below. Consent to receive marketing messages is not a condition of any purchase.

PROGRAM DETAILS

The Program may include recurring and nonrecurring messages related to promotions, products, events, cart reminders, back-in-stock notices, product launches, special offers, customer support, order or account information, or other news about Funko and our affiliates. Message frequency will vary by channel, program, and user interaction. Funko reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Funko also reserves the right to change the short code or phone number from which messages are sent. Consent to receive automated messages is not a condition of any purchase. Message and data rates may apply depending on your carrier, device, plan, location, and messaging channel.

Not all mobile devices, carriers, operating systems, applications, countries or messaging channels may be supported and our messages may not be available or deliverable in all areas. Delivery may depend on your carrier, device, internet connection, WhatsApp, Meta, and other service providers. Funko, our service providers, mobile carriers supported by the Program, WhatsApp and Meta are not liable for delayed, filtered, unavailable, or undelivered messages to the maximum extent permitted by law.

WHATSAPP CONSENT

For WhatsApp, you may sign up through a website form, checkbox, QR code, link, keyword, in-chat prompt, or other method we provide. Where required or used by Funko, your subscription is not complete until you confirm your request through a double opt-in process, such as replying YES or another specified confirmation keyword. By completing the WhatsApp opt-in process, you consent to receive WhatsApp messages from Funko at the mobile number associated with your WhatsApp account.

For European and UK users, Funko will use WhatsApp for marketing messages only where we have collected consent or another lawful basis applies under applicable law. You may withdraw consent at any time as described below.

PARTICIPATING CARRIERS

We are able to deliver messages to certain mobile phone carriers, including AT&T, Verizon Wireless, T-Mobile, and Google Voice. Funko reserves the right to add or remove eligible mobile phone carriers from the Program from time to time.

CANCELLATION

You may opt out of the Program at any time. For SMS/MMS, reply STOP, CANCEL, END, QUIT or UNSUBSCRIBE to our shortcode or phone number to cancel your participation in the Program. For WhatsApp, reply STOP, STOPALL, CANCEL, END, QUIT, or UNSUBSCRIBE in the WhatsApp chat, or use any in-app opt-out, block, or preference control made available by WhatsApp or Funko.

After opting out, you may receive one additional message confirming that your request has been processed. You acknowledge that our message platforms may not recognize and respond to unsubscribe requests that do not consist of the STOP, CANCEL, END, QUIT or UNSUBSCRIBE keyword commands and agree that Funko and our service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our messaging programs, you may continue to receive messages from Funko through any other programs you have joined until you separately unsubscribe from those programs.

EUROPEAN AND UK PARTICIPANTS

If you are located in the European Economic Area, United Kingdom, or Switzerland, Funko will process your personal data for WhatsApp marketing based on your consent unless another lawful basis applies. You may withdraw your consent at any time by replying STOP or using another opt-out method described in these Messaging Terms. Withdrawal will not affect the lawfulness of processing before withdrawal.

You may have rights to access, correct, delete, restrict, or object to processing of your personal data, and to request portability of your personal data, as described in our Privacy Policy. Funko may retain limited information after you opt out where needed to maintain suppression records, evidence consent history, comply with law, resolve disputes, and prevent future unwanted marketing.

HELP & CUSTOMER CARE

For help, reply HELP to an SMS/MMS message or type HELP, HI, START, or MENU in the WhatsApp chat where those options are available. You may also contact [email protected] to receive customer care contact information. If you are experiencing any problems, please contact our customer care team. Customer support or transactional interactions do not enroll you in marketing messages unless you separately opt in to marketing.

PRIVACY

Funko collects and uses information related to the Program as described in our Privacy Policy, including your mobile number, messaging channel, opt-in and opt-out status, consent records, message interactions, customer support interactions, and related technical or usage information. We use this information to operate the Program, send and personalize messages, maintain suppression and opt-out records, provide customer support, comply with legal obligations, and protect our rights.

If you use WhatsApp to interact with Funko, your use of WhatsApp is also subject to WhatsApp’s and Meta’s applicable terms, policies, and privacy practices. Funko may share information with WhatsApp, Meta, and other service providers as needed to operate the Program, process opt-ins and opt-outs, send messages, maintain records, and provide support. WhatsApp and Meta may process information as described in their own terms and policies.

CONTACT

If you have any questions or concerns about the Program, please contact us at [email protected].

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

To the maximum extent permitted by applicable law, any dispute or claim relating in any way to the Program will be resolved in accordance with the dispute resolution provisions in Funko’s Terms of Service. Nothing in these Messaging Terms limits any mandatory rights you may have under applicable consumer protection, privacy, or data protection laws.