Privacy And Cookies Policy

We disclose personal information as described in the Targeted Advertising and Analytics section above and in the following ways:

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• Corporate Affiliates.Personal information is disclosed between and among Funko and our parents, affiliates, subsidiaries, and other companies under common control and ownership.

• 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.

 

RETENTION

We store the personal information we collect about you for no longer than is necessary for the purposes set out in this policy.  

 

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, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Texas, Tennessee, 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	Provide, maintain, and improve our products and services; Facilitate and improve your in-store and online shopping experience; Personalize your experience with us; Send you technical notices, security alerts, support messages, and other transactional or relationship messages; Communicate with you about products, services, and events offered by Funko and others and provide news and information that we think will interest you; Provide and administer our loyalty program; Monitor and analyze trends, usage, and activities in connection with our products and services; Conduct surveys and user testing interviews and experiences; Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards; Detect, investigate, respond to, prosecute and help prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and help protect the rights and property of Funko and others; Comply with our legal and financial obligations; Carry out internal operations that are reasonable in the context of your relationship with us; Create de-identified, anonymized, or aggregated information; and Carry out any other purpose described to you at the time the information was collected.
Commercial information	Our affiliated companies, research and data analytics providers, payment processors, order and fulfillment providers, customer support providers, and fraud prevention providers
Demographic information	Our affiliated companies, and research and data analytics providers
Internet or other electronic network activity information	Our affiliated companies, fraud prevention providers, and research and data analytics providers
Inferences	Our affiliated companies, research and data analytics providers, and customer support providers
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 18.

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:

• 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

• 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. If you are a resident of Minnesota or Oregon submitting an access request, we will also provide you with a list of the third parties that receive personal information from us.

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

Due to the global nature of our business, 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 to ensure that we can rely on an appropriate derogation under data protection laws.

Where we transfer your personal data to locations that are considered adequate by the EU Commission and/or are subject to adequacy regulations in the UK (such as between the UK and the European Economic Area), we rely on that decision. Where these locations do not provide an adequate level of data protection, we ensure appropriate safeguards are in place to protect the transfer or your personal data, such as required International Data Transfer Agreements (IDTA) or UK Addenda to EU Standard Contractual Clausess where data is being transferred outside the UK.  A copy of the relevant transfer safeguard can be obtained for your review on request by using the contact details below.

 

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.

 

For Individuals in Mexico 

If you are a Mexican resident, this section applies to you. 

We hereby inform you that the data provided by you, in your capacity of data subject is protected in accordance with the Ley Federal de Protección de Datos Personales en Posesión de los Particulares (the “Mexican Law”), its regulations and other applicable provisions within Mexican territory.

If you are a Mexican resident, you are entitled to the following rights (“ARCO Rights”):  

• Right to know which personal information we collect from you, for which purposes we use them and the terms of use thereof (Access); 

• Right to request that your personal information be corrected in the event that it is not updated, is inaccurate or incomplete (Rectification); 

• Right to eliminate said data from our records or data bases when you consider that it is not being used properly (Cancellation); and  

• Right to oppose to the use of your personal information for a purpose described in this Privacy Policy (Opposition).  

We respond to all requests we receive from users wishing to exercise their ARCO rights in accordance with the Mexican Law. You may exercise your ARCO rights by contacting us at [email protected] or filling out this webform. 

We may refuse your ARCO Rights under the following cases: (a) when the requester is not the owner of the personal information or the legal representative is not duly authorized for that purpose; (b) when the personal information of the requester are not located in our database; (c) when the rights of a third party are negatively affected; (d) when there is a legal impediment or a judicial resolution from a competent authority, to restrict the access to the personal information or to forbid the rectification, cancellation or objection related to them; and (e) when the rectification, cancellation or objection were conducted before. The refusal can be partial, in which case we shall conduct the other ARCO Rights requested by you.

If you consider your right to protect your personal information has been affected, or you believe there is a violation of Mexican Law, its regulations and other applicable laws and/or regulations, you can file a disagreement appeal or complaint before the Anticorruption and Good Governance Ministry. For more information, please refer to their official website https://www.gob.mx/buengobierno.

You can also limit the use and disclosure of your personal information, by registering at the Public Registry to Avoid Advertisement that is under the Federal Attorney's Office of Consumer (PROFECO for its initials in Spanish), to avoid your personal information from being used to receive advertising or promotions from goods and services companies.  For more information, please refer to the PROFECO website www.profeco.gob.mx, or directly contact the Office.

 

For Individuals Residing in the European Economic Area (“EEA”) and the UK

If you are a resident of the EEA or UK, this section applies to you. It also describes your data protection rights, including the right to object to some of the processing which we carry out.  

The main data controllers responsible for your personal information are Funko UK Limited and Funko, LLC. 

Legal Bases of Processing

Purpose of Processing	Categories of Data	Legal Basis
Provide and maintain our products and services.	Contact information, account information, payment and transaction information, and device, usage, and activity information.	Performance of contract.
Improve our products and services.	Contact information, account information, payment and transaction information, and device, usage, and activity information, audio and video recordings, photos, and chat content.	Consent (where tracking technologies are used for these purposes and are required by law). Legitimate interests of improving our product and services.
Facilitate and improve your in-store and online shopping experience.	Account information, payment and transaction information, device, usage, and activity information, audio and video recordings, photos, and chat content, and other information we derive from your use of our products and services.	Consent (where tracking technologies are used for these purposes and are required by law). Legitimate interests of improving  our product and services.
Personalize your experience with us.	Contact information, account information, device, usage, and activity information.	Consent (where tracking technologies are used for these purposes and are required by law). Legitimate interests of improving our product and services.
Send you technical notices, security alerts, support messages, and other transactional or relationship messages.	Contact information and  account information.	Performance of contract.
Send you marketing communications.	Contact information and  account information.	Consent.
Provide and administer our loyalty program.	Contact information, account information, device, usage, and activity information, and other information we derive about your preferences.	Performance of contract. Legitimate interests of administering our loyalty program. Consent.
Monitor and analyze trends, usage, and activities in connection with our products and services.	Account information and device, usage, and activity information.	Consent (where tracking technologies are used for these purposes and are required by law). Legitimate interests of analyzing usage of our products and services.
Conduct surveys and user testing interviews and experiences.	Contact information, account information, device, usage, and activity information, and audio and video recordings, photos, and chat content.	Legitimate interests of improving our products and services.
Target advertisements to you on third-party platforms and websites.	Contact information, payment and transaction information, account information, device, usage, and activity information, and information we derive about you from the above.	Consent.
Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards.	Contact information, account information, payment and transaction information, and information derived about your interests.	Consent (where this requires us contacting you via electronic means). Legitimate interests to conduct and facilitate sweepstakes.
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, as part of our general business operations and for other business administration purposes.	Contact information, account information, payment and transaction information, and device, usage, and activity information, audio and video recordings, photos, and chat content, and other information we derive about your use of our products and services.	Legitimate interests to ensure IT security and protect our rights and for general business administration purposes.
Comply with our UK/EEA legal and financial obligations (e.g., tax, social security).	Contact information, account information, payment and transaction information, and device, usage, and activity information, and audio and video recordings, and photos, and chat content.	Legal obligations.

Where we collect personal information to administer our contract with you or to comply with our legal obligations, provision of this personal information is mandatory, and we will not be able to provide our services without this information. In other cases, the provision of the requested personal information is optional, but this may affect your ability to procure or access certain functionalities or services where the information is needed for those purposes.

There are instances where we have a legitimate interest to use your information. Our legitimate interest will vary depending on what we are using your information for, and we explain above what the interest is and how it relates to the processing operations that we are carrying out. You can obtain more information by using the contact details at the end of the notice.

Your Rights 
You have the following rights in respect of your personal information that we process:

• Right of access. You have the right to obtain access to copies of your personal information;
• Right of portability. You have the right, in certain circumstances, to receive a copy of the personal information 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 information to another person.
• Right to rectification. You have the right to obtain rectification of any inaccurate or incomplete personal information we hold about you. 
• Right to erasure. You have the right, in some circumstances, to require us to erase your personal information.
• Right to restriction. You have the right, in some circumstances, to require us to limit the purposes for which we process your personal information. 
• Right to withdraw consent. You have the right to withdraw your consent at any time. If you withdraw your consent, this will not affect the lawfulness of our use of your personal information before your withdrawal.
• Right to object. You also have the right to object to any processing based on our legitimate interests where there are grounds relating to your particular situation. 

You may exercise these rights by using the contact details set out below or by filling out this webform. 

You also have the right to lodge a complaint by contacting us as described below. You can also contact your local data protection authority. If you are based in the EEA, information about how to contact your local data protection authority is available here. If you are based in the UK, the data protection authority is the Information Commissioner's Office (https://ico.org.uk/global/contact-us/).

 

CONTACT US

If you have any questions about this Privacy Policy, please contact us at [email protected].
Additional contact details:

Funko, LLC
2802 Wetmore Avenue 
Everett, WA 98201
USA

Funko UK Limited
21 Holborn Viaduct
London, United Kingdom
EC1A 2DY 

Data Protection Officer: Symmetry Solutions Ltd 
The Tara Building 
11-15 Tara Street 
Dublin 2 D02RY83
Ireland
[email protected]