Privacy Policy
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MenuLast Updated on September 23rd, 2024
This Privacy Policy describes how Funko, LLC, Mondo Collectibles, LLC, Loungefly, LLC and our affiliates (collectively, “Funko,” “we,” or “us”) collect, use, disclose, and otherwise process information about you. This Privacy Policy applies to information we collect when you access or use our websites, mobile applications, and other online products and services that link to this Privacy Policy (collectively, our “Services”), or when you otherwise interact with us, such as in our stores, through our customer support channels, or on social media. We may provide different or additional notices of our privacy practices for certain products, services, or activities, in which case those notices will supplement or replace the disclosures in this Privacy Policy.
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to our Services or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.
CONTENTS
- Collection of Information
- Use of Information
- Targeted Advertising and Analytics
- Disclosures of Information
- Your Privacy Choices
- Children’s Privacy
- Additional Information for Specific Jurisdictions
- Contact Us
The information we collect about you depends on how you use our Services or otherwise interact with us. In this section, we describe the categories of information we collect and the sources of this information.
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information directly from you when you create an account, make a purchase, communicate with us on social media, participate in our loyalty program or surveys, request customer support, or otherwise communicate with us. The types of information that we collect directly from you include your name, email address, postal address, phone number, gender, and any other information you choose to provide. If you make a purchase from us, we work with a third-party payment processor to collect and process your payment information.
Information We Collect Automatically
We automatically collect certain information about your interactions with us or our Services, including:
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Transactional Information. When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
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Device, Usage, and Activity Information. We collect information about how you access our Services, including data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Services, such as the route by which you access our Services, access dates and times, browsing behavior (such as pages viewed and links clicked), and information about your activity on a specific page (such as mouse movements, keystrokes, and items placed in your cart or added to your wish list).
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Audio and Video Recordings, Photos, and Chat Content. We capture photographs and video recordings in our stores for security and loss prevention purposes. If you contact customer service through our chat feature or by phone, we may monitor and retain those conversations, including for training purposes. In addition, if you choose to participate in any of our user testing interviews or experiences, we may capture audio or video recordings of these experiences in order to improve our Services.
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Information Collected by Cookies and Similar Tracking Technologies. We use tracking technologies, such as cookies, pixels, SDKs, and session replay to collect information about your interactions with the Services and our marketing communications. These technologies help us improve our Services, personalize your experience, and analyze use of our Services, including to see which areas and features of our Services are popular and count visits. For more information about the cookies and other tracking technologies we use, and the choices available to you, see the Targeted Advertising and Analytics and Your Privacy Choices sections below.
Information We Collect from Other Sources
We obtain information from other sources. For example, if you purchase our products from one of our retail partners, we may receive information about the transaction, such as product details and your contact information. We may also collect information about you from other users if they choose to disclose that information to us via the Services, such as if they purchase gifts for you, and from identity verification services, advertising networks, and data analytics providers.
Information We Derive
We may derive information or draw inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address or infer that you are looking to purchase certain products based on your browsing behavior and past purchases.
USE OF INFORMATION
We use the information we collect to provide the Funko products and services you request and to provide customer support. We also use the information we collect to:
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Provide, maintain, and improve our products and services;
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Facilitate and improve your in-store and online shopping experience;
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Personalize your experience with us;
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Send you technical notices, security alerts, support messages, and other transactional or relationship messages;
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Send you marketing communications (see the Your Privacy Choices section below for information about how to opt out of these communications at any time);
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Provide and administer our loyalty program;
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Monitor and analyze trends, usage, and activities in connection with our products and services;
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Conduct surveys and user testing interviews and experiences;
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Target advertisements to you on third-party platforms and websites (for more information and to opt out, see the Targeted Advertising and Analytics section below);
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Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
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Detect, investigate, respond to, prosecute, and help protect against security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Funko and others; and
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Comply with our legal and financial obligations.
TARGETED ADVERTISING AND ANALYTICS
We engage others to provide analytics services and serve advertisements for us across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about you and your use of our Services and other websites and mobile apps, including your IP address, web browser and mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, information you provide in connection with your orders, and conversion information. This information is used to deliver advertising targeted to you and your interests on other companies’ sites or mobile apps, understand the effectiveness of this advertising, analyze and track data, determine the popularity of certain content, and better understand your activity. Depending on where you reside, you can opt out of cookie-based ad targeting on our website by following the prompts behind the Your Privacy Choices link in the site footer. Your opt-out choice will be linked to your browser only; therefore, you will need to renew your opt-out choice if you visit our website from a new device or browser, or if you clear your browser’s cookies.
In addition to cookie-based ad targeting, we may disclose identifiers, like your email address and phone number, to some of our advertising partners. These advertising partners translate that information into a unique identifier that can then be used to show ads that are more relevant to you across the web and in mobile apps. Depending on where you reside, you may opt out of these disclosures by filling out our web form. The activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain privacy laws. See the Additional Information for Specific Jurisdictions section below for details.
You can also learn more about interest-based ads or opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance by visiting www.aboutads.info/choices (if you reside in the United States), www.youronlinechoices.eu (if you reside in Europe) or https://youradchoices.ca (if you reside in Canada). Your device may also include a feature that allows you to opt out of having certain information collected through mobile apps used for behavioral advertising purposes.
DISCLOSURES OF INFORMATION
We disclose personal information as described in the Targeted Advertising and Analytics section above and in the following ways:
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Vendors and Service Providers. We make personal information available to our vendors, service providers, contractors, and consultants who perform services on our behalf, such as companies that assist us with shipping and delivery, payment processing, web hosting, fraud prevention, marketing and advertising, analytics, customer service, surveys and market research, data enrichment, and gift card administration.
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Integration Partners. If you choose to use integrations we offer on our Services, such as sharing your location through our Google Maps integration, we provide certain information to the integration partners.
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Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests by public authorities to meet national security or law enforcement requirements.
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To Protect the Rights of Funko and Others. We disclose personal information if we believe that your actions are inconsistent with our user agreements or policies, if we believe that you have violated the law, or if we believe it is necessary to protect the rights, property, and safety of Funko, our users, the public, or others.
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Professional Advisors. We disclose personal information to our legal, financial, insurance, and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
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Corporate Transactions. We disclose personal information in connection with, or during negotiations of certain corporate transactions, including the merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.
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Corporate Affiliates. Personal information is disclosed between and among Funko and our parents, affiliates, subsidiaries, and other companies under common control and ownership.
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With Your Consent and at Your Direction. We make personal information available to third parties when we have your consent or you intentionally direct us to do so (e.g., if you direct us to share your wishlist with your contacts).
We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. We maintain and use this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
YOUR PRIVACY CHOICES
Account Information
You can access, correct, and delete certain information stored within your online account by logging into your account at any time and navigating to My Account.
Cookies and Similar Tracking Technologies
Funko uses cookies and similar tracking technologies, as described above. You can usually adjust your browser settings to remove or reject browser cookies. Depending on where you reside, you can also adjust certain cookie settings by clicking here. Note that removing or rejecting cookies could affect some of the functionality of our Services, such as remembering the country from which you are using our Services.
Communication Preferences
You may opt out of receiving text messages or promotional emails from us by following the instructions in those communications or by managing your communications preferences in your account settings menu. If you opt out, we may still send you non-promotional emails, such as those about your account or orders.
Mobile Push Notifications
With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.
CHILDREN'S PRIVACY
We do not knowingly collect personal information from children through our Services. If you have any reason to believe that a child has provided personal information to us via the Services, please contact us and we will endeavor to delete that personal information from our databases.
ADDITIONAL INFORMATION FOR SPECIFIC JURISDICTIONS
For Individuals Residing in Certain U.S. States
Some U.S. states have enacted privacy laws that grant their residents certain rights and require specific disclosures (“State Laws”). If you reside in California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah, and Virginia, this section applies to you. This section also serves as our California notice at collection.
Additional Disclosures
This Privacy Policy explains how we collect, use, and disclose information about you, as well as our targeted advertising and analytics practices. As required by certain State Laws, we use the tables below to explain this same information.
Category of Personal Information |
Categories of Recipients |
Uses of Personal Information |
Identifiers |
Our affiliated companies, payment processors, order and fulfillment providers, events and promotions providers, customer support providers, user testing and analytics providers, and fraud prevention providers |
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Commercial information |
Our affiliated companies, research and data analytics providers, payment processors, order and fulfillment providers, customer support providers, and fraud prevention providers |
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Demographic information |
Our affiliated companies, and research and data analytics providers |
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Internet or other electronic network activity information |
Our affiliated companies, fraud prevention providers, and research and data analytics providers |
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Inferences |
Our affiliated companies, research and data analytics providers, and customer support providers |
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Audio and visual information |
Fraud detection and security providers, user testing and analytics providers, and customer support providers |
We also disclose certain categories of personal information to show you targeted ads on third-party properties and expand the reach and effectiveness of our own marketing campaigns. These disclosures may be considered “sales,” “sharing,” or use of personal information for “targeted advertising” under State Laws, and the table below provides more information about our practices.
Categories of Personal Information |
Categories of Third Parties |
Identifiers |
Advertising and marketing providers and social networks |
Internet and electronic network activity information |
Advertising and marketing providers |
Inferences |
Advertising and marketing providers |
As described in the Collection of Information section above, we collect personal information from various sources, including directly from you, automatically when you access or use our Services or shop in our stores, and from third-party sources.
We do not knowingly collect, sell, or share personal information about consumers under the age of 16 or higher age where required by law.
We generally do not collect information that is considered “sensitive” under State Laws. In the limited circumstances that we do, such as collection of your account username and password, which is designated as “sensitive” under the California Consumer Privacy Act, we do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.
We store personal information associated with your account for as long as your account remains active. If you close your account, we will delete your account data within 90 days; otherwise, we will delete your account data after a period of inactivity. We store other personal information for as long as necessary to carry out the purposes for which we originally collected it and for other business purposes explained in this Privacy Policy.
Your Privacy Rights
Opt Out of Targeted Advertising, Sharing, and Sales
You can opt out of activities that we engage in that may be “sales,” “sharing,” or “targeted advertising” under the State Laws by:
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Following the prompts behind the Your Privacy Choices link in the site footer. Your opt-out choice will be linked to your browser only; therefore, you will need to renew your opt-out choice if you visit our website from a new device or browser, or if you clear your browser’s cookies; and
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Completing this webform to turn off “targeted advertising,” “sharing,” and “sales” based on your email address, phone number and other non-cookie identifiers.
If you are a resident of California or Colorado, you can also opt out by visiting our website with a legally-recognized universal choice signal enabled (such as the Global Privacy Control). If you are not logged into your account with us, our processing of the signal will be limited to cookie-based sales, sharing, and targeted advertising for the specific browser or device that you are using.
Access, Correction, and Deletion
You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information.
To request access, correction, or deletion of your personal information, visit this webform. To authenticate your request, you must provide information related to your recent interactions with us, such as providing an order confirmation number. Only you, or someone legally authorized to act on your behalf and with written permission, may make a verifiable consumer request related to your personal information.
Nondiscrimination
You have the right not to be discriminated against for exercising any of your privacy rights.
Appeals
If we deny your request, you may appeal our decision by contacting us at [email protected]. If you have concerns about the result of an appeal, you may contact the attorney general in the state where you reside.
Authorized Agents
If you are an authorized agent seeking to make an opt-out request for a consumer, please fill out this webform.
If you reside in California, you may also designate an authorized agent to submit an access, deletion, or correction request on your behalf. We may ask authorized agents to submit proof of their authority to make the request, such as a valid power of attorney or proof that they have signed permission from the individual who is the subject of the request. In some cases, we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm the authorized agent has permission to submit the request. If you are an authorized agent seeking to make an access, correction, or deletion request on behalf of a California resident, please fill out this webform.
Notice of Financial Incentives
We provide discounts, coupons, and other benefits to customers who join our loyalty program or participate in our surveys or user testing interviews or experiences. These offerings may constitute “financial incentives” or “bona fide loyalty programs” under certain State Laws (for simplicity, we refer to these collectively as “financial incentives”).
If you decide to participate in a financial incentive, we collect relevant personal information from you, such as identifiers (like your email address) and commercial information (like your purchase preferences and interests or purchase history). We disclose this information with our service providers, contractors, and consultants who perform services on our behalf.
You can opt into a financial incentive by following the sign-up or participation instructions provided. You can opt out at any time by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at [email protected]. If you request that we delete any of your personal information that is essential to providing you with the financial incentive, we will not be able to provide you with the benefits of that program going forward (e.g., if you ask us to delete your email address, we will no longer be able to provide you with early access to other benefits). In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.
International Transfers
Funko and our service providers process and store personal information on servers located in the United States and other countries. Whenever we make restricted international transfers of personal information, we take steps to ensure that your personal information receives an adequate level of protection (by putting in place appropriate safeguards, such as contractual clauses) or ensure that we can rely on an appropriate derogation under data protection laws.
Where relevant, you may request access to any safeguard which we use to transfer your personal information outside of the European Economic Area, the United Kingdom, or Switzerland (although we may need to redact data transfer agreements for reasons of commercial confidentiality).
For Individuals in Canada
If you are a Canadian resident, this section applies to you.
Consent: By submitting personal information to Funko, or our service providers and agents, you consent to the collection, use, disclosure, and transfer of your personal information in accordance with this Privacy Policy and as permitted or required by law.
You may withdraw your consent at any time to the collection, use, disclosure, or transfer of your personal information by contacting Funko as set forth in the Contact Us section below. If you withdraw your consent (or if you decide not to provide certain personal information), you acknowledge that Funko may not be able to provide you, or continue to provide you, with certain products, services, or information that may be of value to you.
Transfers out of Canada/Quebec: Note that personal information may be stored, accessed, used and otherwise processed inside and outside of Quebec and/or Canada. When personal information is located outside Quebec and/or Canada, it may be subject to laws that have different standards of protection and may allow for foreign law enforcement and governmental access.
Access and Correction: We will take reasonable steps to ensure the personal information we hold is accurate, complete, and up-to-date. You can access, correct, and delete certain information stored within your online account by logging into your account at any time and navigating to “My Account.” Upon your written request, and subject to certain exceptions provided by law, we will inform you of the existence, use, and disclosure of your personal information and give you access to that information. We may charge a minimal fee for providing such access to you. If you believe that the personal information that we hold about you is not accurate or complete, you may write to us at [email protected]. If you are able to establish that the information is not accurate or complete, we will take reasonable steps to delete and/or correct the information so that it is accurate, complete, and up-to-date. In order to facilitate a request to correct or update information, we may ask you to provide additional information to confirm your identity. Any such information will only be used for the purpose of confirming your identity and will not be retained by us.
If you are a resident of Quebec, we will inform you if we exclusively use automated processing to render a decision about you. You also have the right to request information about the personal information used to make that decision, and to request that the information be corrected. Residents of Quebec may also request data in a portable format, subject to certain restrictions and exceptions.
Canada’s Anti Spam Law (“CASL”): Funko will only send you commercial electronic messages (“CEMs”) where we have your express or implied consent to do so. Your consent to receive CEMs is implied where we have an existing business relationship with you, or you have reached out to us and made an inquiry within a certain time frame. You may unsubscribe from receiving CEMs at any time, by clicking the unsubscribe button on an email. If you opt out, we may still send you non-promotional messages, such as those about your account or our ongoing business relations.
CONTACT US
If you have any questions about this Privacy Policy, please contact us at [email protected].