Security and Privacy
Welcome to the Fun and Function, LLC web site FunandFunction.com (the "Site") provided to you by Fun and Function, LLC, its affiliate and subsidiary companies ("F&F,” “us” or “we”). This Privacy Statement addresses F&F’s practices regarding information collected from users of the Site, including those who register to make purchases or obtain rewards on the Site (“Members”), and only addresses information collected directly through or from the Site – it does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (sometimes referred to as a “visitor,” "you" or "your") other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. F&F can be contacted at Sales (At) FunandFunction.com or by telephone at 1-800-231-6329. This Privacy Statement is incorporated into F&F’s Terms and Conditions by reference, as if set forth fully therein, which must be reviewed and accepted by you.
1. Collection of Personal Information from Site Visitor
Except as specifically set forth herein, F&F may collect or track (a) the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site; (b) the e-mail addresses of visitors that communicate with F&F via e-mail; (c) information knowingly provided by the visitor in online forms, registration or membership forms, contest entries, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data); (d) aggregate and user-specific information regarding which pages a user accesses; and (e) financial information provided by a user, including credit card number and billing address, used only in order to process payments to F&F. F&F may collect additional information from a user in order to register as a Member and/or to access certain programs and features of the Site, such as purchasing toys, games clothing and other products from the Site or earning rewards. If you do not wish to provide such information to the Site, you will be unable to register and/or to obtain products or services from the Site.
F&F may place Internet “cookies” on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many web sites frequently send to your web browser to be stored on your computer’s hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a site you have viewed. When you revisit the Site, F&F may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available.
F&F may also use Web bugs to gather, store, and track certain information related to your visit to and activity on the Site. A Web “bug” is a file object, which can be a graphic image such as a transparent one pixel-by-one pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A Web bug can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.
When a visitor performs a search within the Site, F&F may record information identifying the visitor or linking the visitor to the search performed and recording information related to the search request.
2. Use of Personal Information Collected
Personal information collected by F&F may be used by F&F for many reasons, for example, for recordkeeping, editorial and feedback purposes, F&F’s own marketing and promotional purposes, statistical analysis of users’ behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to F&F may be added to F&F’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events.
As a benefit to registered users, including Members, F&F may include a user name and relevant personal information in his or her profile, including on any blog features on the Site. If you are or become a registered Member of the Site, you agree that your user name and certain registration information provided to F&F may be made publicly available on the Site through your profile. Email addresses will not be made public. You have the right to specify whether certain other personal information in your profile is publicly available or not. From time to time, we may need to contact you for registration-related activities (e.g., renewal notices, outstanding balances, newsletters etc.). You agree that we may use your personal information for such membership-related contacts with you. We may also desire to contact you for market research purposes or to provide you with marketing information or newsletters we think would be of particular interest. You will have the option of not being contacted by F&F and opting-out of such contacts by setting the appropriate option in your profile.
Without limiting the foregoing, F&F reserves the right to monitor any and all communications submitted to or posted on the Site. Such voluntary information provided or posted by you may be collected and used by F&F in accordance with this Privacy Statement.
3. Disclosure of Personal Information to Third Parties
Personal information provided through the Site, including the sharing of certain information with and from Members may be used and disclosed other entities and/or business partners in the operation of the Site, in order to provide our products and services requested and for our own marketing and promotional purposes. Without limiting the foregoing, financial information may be maintained and housed by us or a third party payments processing center, for the purpose of processing payments and conducting related transactions or supplied to collection agencies if necessary, as solely determined by F&F. Aggregate data on users’ home servers and individually identifying information, such as names, postal and e-mail addresses and phone numbers, may be provided to third parties such as marketing firms only for F&F’s own promotions and marketing purposes. Any personal information provided by you to the Site, or other general areas of the Site, will be read by F&F, and could potentially be used by such third parties. Identifiable and non-identifiable visitor information and data may be disclosed or distributed to another party with which F&F enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase, or to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by F&F in its sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of F&F or any other person or entity.
While F&F may undertake efforts to see that any third party to which F&F shares or otherwise discloses personal information is under a contractual obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which F&F exercises no control. F&F is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
4. Security Measures and Communicating with F&F
F&F has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite F&F’s efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from F&F via this Site or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, F&F is not responsible for the security of information transmitted via the Internet. Instead of communicating with F&F via e-mail or the Internet, visitors can contact F&F by regular mail at P.O. Box 11, Merion Station, Pennsylvania 19066 or by phone at 1-877-341-8062.
In addition, to protect your personal information, never share your password with anyone, and if you feel that your password has been discovered, you should change it immediately by logging on to the Site and accessing your profile to change your password, or by contacting us at Sales (At) FunandFunction.com.
5. Links to Other Sites and Financial Information
6. Opt-Out Right
Except as necessary to obtain the products, services, or information requested, you may opt out of having your personal information, which has been voluntarily provided to F&F through online forms, membership or registration forms and profiles, contest entries, surveys, e-mail, or another online avenues or features of the Site, prospectively retained by F&F, used by F&F for secondary purposes, or disclosed by F&F to third parties, by contacting F&F via postal mail, e-mail, or telephone at the addresses set out above. This provision does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the description in this Section 6.
7. Comments, Notices and User Content
Any materials or comments, including profiles, posted to any of our Web pages are public. Please refer to Section 4 of the Terms and Conditions for further detail concerning User Content and other materials submitted to the Site. As such, F&F assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
8. Privacy of Children
The Site is not intended for children under the age of 13. It does not knowingly collect personal information online from visitors in this age group. All users must be at least 18 years of age in order to use the Site and to provide information to the Site.
9. Access to and Ability to Correct Personal Information
Upon your request via postal mail, e-mail, or telephone, F&F will provide you with a summary of any personal information retained by F&F that has been voluntarily provided by you to F&F through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting F&F via postal mail, e-mail, or telephone at the addresses or numbers above.
10. Right to Change Privacy Statement
F&F may change this Privacy Statement at any time. Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site after the change. It is the obligation of users returning to the Site to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.
11. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please email your request to Sales (At) FunandFunction.com or write us at the address above.
Dated: February 23, 2011
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