Funtastic Privacy Policy

This website (“Website”) is operated by or on behalf of Funtastic Limited ABN 94 063 886 199 or its related bodies corporate (“Funtastic”, “we”, “us” or “our”). Funtastic respects the privacy of the personal information of visitors to this Website, customers and users of our other products and services, and individuals who interact with us in the course of our business, and is bound by the Australian Privacy Principles under the Privacy Act 1988 and other laws which protect your privacy. Funtastic has implemented this Privacy Policy to provide you with information about how we collect, hold and use your personal information.

Funtastic is related to other entities (related entities) and this Privacy Policy applies if your personal information is dealt with by those related entities. A reference in this Privacy Policy to Funtastic, we, us or our also refers to our related entities.

When referring to “personal information”, we mean information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable. Your name, address and phone number are examples of personal information.

This Privacy Policy explains how personal information will be treated as you access and interact with the Website or with Funtastic generally. We will post any changes to this policy on the Website, including to take into account new laws, regulations, practices and technology, so please check this policy from time to time. All personal information held by us will be governed by the most recent Privacy Policy that is on the Website.

In addition to the Privacy Policy, there may also be specific and additional privacy provisions that apply to certain sections of the Website – you should read and consider these wherever they appear. In the event of any inconsistency between this policy and the specific provisions, the specific provisions will apply.

Information collected

We may collect personal information about you, such as:

  • your name, age/date of birth, email address, address and contact telephone number,
  • your gender,
  • if you are purchasing products through our Website, your payment details, such as your PayPal and credit card information,
  • if you are applying for credit with us, your credit history and other financial information, including your ABN or ACN,
  • employment references for job applicants, and
  • occupation and employment details.

When and why we collect personal information

We collect your personal information to allow us to conduct our business functions, to market and sell our products and services and for the specified purposes set out in “Use and disclosure of personal information”, below.

We may collect your personal information:

  • in the course of providing you with goods or services,
  • when you visit our Website (see “Information collected via our Website”, below),
  • when you buy our products or services,
  • when you register for or use an account on our Website,
  • when you request information about us, our products or our services,
  • when you provide feedback,
  • when you fill in a form on our Website,
  • in the course of conducting or administering our relationship with you, or when your employer provides your personal information to us for that purpose when you submit a job application to us,
  • when you submit an application for credit in accordance with our Credit Application and Terms and Conditions of Trade, and Credit Reporting Policy, available by contacting us in any of the ways set out in “Contacting us and further information”, below,
  • when you enter competitions,
  • when you subscribe to email newsletters,
  • when you submit an Inventor EOI Form, or
  • when you contact us by telephone, fax, email, post or in person.

Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.

This information may be collected by us and by our third party service providers including those who assist us in operating the Website.

Information collected via our Website

In common with many websites, when you read, browse or download information from our Website, we or our internet service provider may also collect information such as the date and time of your visit to the Website, the pages accessed and any information downloaded. This information is used for statistical, reporting and website administration, maintenance and improvement purposes only.

Cookies

Like many websites, our Website may use “cookies” from time to time. Cookies are small text files that we transfer to your computer’s hard drive through your web browser to enable our systems to recognise your browser. Cookies may also be used to record non-personal information such as the date, time or duration of your visit, or the pages accessed, for website administration, statistical and maintenance purposes. Any such information will be aggregated and not linked to particular individuals. The default settings of browsers like Internet Explorer always allow cookies, but users can easily erase cookies from their hard-drive, block all cookies, or receive a warning before a cookie is stored. Please note that some parts of the Website may not function fully for users that disallow cookies.

Google Analytics

We use Google Analytics to help analyse how you use our Website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated is used to create reports about the use of our Website. Google will store this information. We will not (and will not allow any third party to) use Google Analytics to track or to collect any personal information of visitors to our Website. We will not associate any data gathered from this Website with any personal information from any source as part of our use of Google Analytics.

If you do not want your Website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page at https://tools.google.com/dlpage/gaoptout

While we take great care to protect your personal information on our Website, unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email. We have no way of protecting that information until it reaches us. Once we receive your transmission, we make our best effort to ensure its security in our possession.

Third party content (eg social media links)

Some of the content on our Website includes applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms. These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them. We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties. Please visit the relevant third party websites to understand their privacy practices and options they may make available to you in relation to their collection of your personal information.

Use and disclosure of personal information

We may use or disclose personal information that we collect about you for our business functions and activities, which may include the following:

  • for the purposes for which it was collected, such as to enable you to participate in on-line competitions and other activities on this Website,
  • where you have consented to the use or disclosure,
  • to email you newsletters or other updates (if you have requested to receive them), to promote and market our products and services to you or provide you with information that we believe may be of interest to you, and to otherwise communicate with you and provide you with information, products or services you have requested, including to send invoice or delivery tracking details,
  • to share your personal information with our related bodies corporate, business partners and selected third parties, including our service providers who assist us in providing this Website,
  • for administrative purposes including research, planning, service development, security and risk management,
  • where a third party acquires or wishes to acquire, or makes inquiries in relation to acquiring, an interest in Funtastic,
  • where required or authorised by law, which may include product safety recalls, emergency situations and assisting law enforcement agencies,
  • to manage and administer any account you may hold with us,
  • to personalise and customise your experiences on our Website,
  • to process any job application submitted by you including conducting reference checks,
  • if you are an employee or other representative of a customer to which we provide our products and services or a supplier or service provider to us, to communicate with you about your or your employer’s engagement with us and otherwise as specified in this Privacy Policy or by your employer,
  • carry out credit checks and credit reporting where you or your business are seeking to use a credit facility, but only in accordance with our Credit Reporting Policy,
  • if applicable, carry out checks on the Personal Property and Securities Register (PPSR) (which may involve a disclosure to the PPSR operator) to confirm your business’ ACN or ABN where you have applied for credit,
  • manage our accounts and carry out debt and equipment recovery functions,
  • to monitor the products which are of interest to particular demographics and to otherwise conduct research for the purposes of improving existing products or services or creating new products or services,
  • to enable you to participate in activities such as:
    • entering competitions,
    • subscribing to email newsletters, and
    • responding to questions about our products and services, and
  • to enable us to decide if Funtastic is the right company for you to develop your invention (submitted to us via our Inventor EOI Form), and to be able to contact you in regards to your submission of an Inventor EOI Form.

You consent to us using your personal information in the above ways.

We may collect and use your personal information for other purposes not listed above. If we do so, we will make it known to you at the time we collect or use your personal information.

We do not otherwise disclose your personal information without your permission, unless the disclosure is:

  • in accordance with this Privacy Policy or any agreement you enter into with us; or
  • required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth) and any applicable product safety legislation.

If you choose not to provide your personal information to us for the purposes set out in this Privacy Policy, you may not be able to complete your online purchases, save shopping carts, receive communications from us, sign up to our newsletters or receive promotional offers from us, and we may not be able to undertake certain activities for you such as providing you with requested information, products or services.

To whom we disclose your personal information

Funtastic may disclose, or provide access to, your personal information to third parties in connection with the purposes described in “Use and disclosure of personal information”, above. Depending on the nature of your engagement with us, we may disclose your personal information to our related entities, to third parties that provide products and services to us or through us, or to other third parties (such as your referee(s) in connection with a job application you have submitted).

We may also disclose your personal information to our:

  • Website host or software application providers in certain limited circumstances (for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner), and
  • where you have provided your personal information to use as part of a product safety recall, to the Australian Competition and Consumer Commission and other regulatory bodies in relation to a product safety recall.

Overseas Disclosures

Some of your personal information may be transferred, stored, processed or used overseas by us or by third party service providers. This may happen if our related entities are overseas, if we outsource certain activities overseas or if transactions, information, services or products have an overseas connection. You consent to the collection, use, storage, and processing of your personal information outside of Australia.

In particular, your personal information may be disclosed to third party service providers which may store your personal information in China, Hong Kong, Netherlands, New Zealand, Spain, Singapore and South East Asia, United States, United Kingdom and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy, without us being responsible under the Privacy Act 1988 (Cth) for such use (or for any breach). In these circumstances, you consent to the collection, use, storage and processing of your personal information in those countries. Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you may not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

Marketing

We may use your personal information to send you information, including promotional material, about us or our products and services, as well as the products and services of our related entities, now and in the future. Subject to your consent (where necessary) we may send you such information by post, SMS or email.

If you decide that you no longer want the newsletters or other updates then please use the unsubscribe feature set out in the email or write to us, using any of the contact details set out in “Contacting us and further information”, below.

Security of personal information

Irrespective of whether personal information is stored electronically or in hard copy form, we take reasonable steps to protect the personal information we hold from misuse, interference and loss and from unauthorised access, modification or disclosure. Any personal information that is collected via our Website or which is held on our computer systems is protected by safeguards including physical, technical (firewalls, SSL encryption etc) and procedural methods (such as scanning, alerts and monitoring).

Accessing and updating your personal information

You are entitled to access personal information that we hold about you. If you request access to your personal information, in ordinary circumstances we will give you full access to your personal information. However, there may be some legal or administrative reasons to deny access.

An access fee may be charged where permitted by law. In certain circumstances, we may not be required by law to provide you with access or to correct your personal information. If we refuse your request to access your personal information, we will provide you with reasons for the refusal unless we have a reason permitted by law not to provide you with reasons.

We take reasonable steps to make sure that the personal information we collect, use and disclose is accurate, complete and up-to-date. To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete. Please contact us in any of the ways specified in “Contacting us and further information”, below, if you believe that the personal information is inaccurate or incomplete, and we will use all reasonable efforts to correct the information.

Contacting us and further information

If you would like to:

  • make a request to access or correct any personal information we hold about you,
  • submit a query or concern about this Privacy Policy or our personal information handling processes,
  • make a complaint in relation to a breach of your privacy, or
  • opt out of direct marketing,

please contact our Privacy Officer in any of the following ways:

  • by mail to:

The Privacy Officer

Funtastic Limited

Level 2, Tower 2, Chadstone Place

1341 Dandenong Road

Chadstone, Victoria 3148

Please provide us with as much detail as you can about the particular information you seek, in order to help us retrieve it. We will investigate your queries and complaints within a reasonable period of time of receiving the complaint and will notify you of the outcome of our investigation.

For information about privacy generally, or if your concerns are not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or via  http://www.privacy.gov.au.

Funtastic Limited ABN 94 063 886 199

Version 3 – Date of Publication – 5 October 2015

Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of Funtastic who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail toprivacy@funtastic.com.au. These services will respect your browser’s Do Not Track signals (or other well-established, commercially available mechanisms that provide you with the ability to exercise choice regarding the collection of personal information). If we receive a Do Not Track notice, we will stop using any personal information for online behavioural advertising purposes.

Funtastic Children’s Privacy Policy

The Effective Date of this Children’s Privacy Policy is 8 September 2015.

We welcome children who are under 13 years of age (“Children” or “Child“) to visit all Funtastic websites (however accessed and/or used), whether via personal computers, mobile devices, or other technology (“Device“) and other interactive features, applications or downloads that are operated by us that are available through these websites and contain this Children’s Privacy Policy (collectively, “Website” or “Websites“) produced and maintained by Funtastic. By using the Website, you acknowledge that you’ve read and understood this Children’s Privacy Policy. Funtastic includes Funtastic Limited, Funtastic International Limited, Fun International Ltd, Funtastic USA Pty Ltd and Funtastic America Inc and all of their subsidiaries and affiliated companies (collectively, “Funtastic”, “we”, “us” or “our”).

Funtastic complies with the Children’s Online Privacy Protection Act of 1998 (“COPPA“). Please read our Children’s Privacy Policy carefully as it explains our information collection practices for Children at our Websites, such as the type of information we collect regarding Children and how we may use that information. It also describes a parent’s or guardian’s (each, a “Parent“) ability to limit the collection and use of data collected from their Children. Please review our Privacy Policy above that applies to our information collection practices for visitors to our Websites who are 13 years or older.

What kind of information does Funtastic collect?

Information provided by Children

Children may view much of the Websites’ content without registering or providing personal information (for example, first and last name, e-mail or postal address or telephone number (collectively, “Personal Information“). Funtastic may collect a Child’s e-mail address under the following limited one-time use circumstances:

  • if your Child sends a request to us, we will keep their e-mail address to respond to them. We will then delete their e-mail address from our system once we have responded to them;
  • if your Child enters a competition, sweepstakes or contest, we will ask the Child to give us the Parent’s e-mail address, too, so that we can tell the Parent that the Child has registered for the competition. If we need more than the Child’s e-mail address and first name (or screen name) to enter your Child in the competition, sweepstakes or contest, we will notify you, explain what information we need and ask that the Parent provide it. For example, we will ask the Parent for his or her mailing address so that we can send, for your Child, any prizes the Child wins, or for his or her telephone number so that we can tell the Parent when the Child has won. Any information a Parent or the Child gives us in these circumstances will be deleted from our database once the competition, sweepstakes or contest is concluded, and after any legally required period for keeping such information has ended.

Other than the one-time use exceptions set out above, if a Child registers to provide more than just the Child’s e-mail address in order for the Child to participate in a particular activity, such as receiving e-mail newsletters or samples or tracking products, we will ask the Child for the Parent’s e-mail address so that we can notify the Parent of the Child’s request and obtain the Parent’s permission. When we ask for the Parent’s permission, we will tell the Parent what we will do with the information the Parent or Child provides us. We will not keep the Child’s e-mail address unless the Parent gives us permission to do so.

Information collected through the use of our Websites

Funtastic collects information on our Websites’ visitors collectively including which sections of the Websites are most frequently visited, how often and for how long (collectively, “Usage Information“). This is done through cookies and other technologies. This data is used as aggregated, non-Personal Information. Cookies do not contain any Personal Information about a specific user. Funtastic uses Usage Information to improve and enhance our online service. You may disable cookies using your browser’s preferences, but some features of the Websites may not function if you do so. We do not share this information externally. For more information about our technology practices, please review our general Privacy Policy.

How May Parents Access Children’s Personal Information?

If a Parent no longer wishes the Child to participate in an activity offer through our Websites, such as an e-mail newsletter, simply click on the opt out link that is provided or contact us at privacy@funtastic.com.au. Upon proper identification, a Parent may review the Personal Information we have collected about the Child, request deletion, or refuse to allow further collection or use of that information. When we delete Personal Information, it will be deleted from our active databases and deleted after any legally required period for keeping such information has ended.

What Does Funtastic Do With The Information We Collect?

We may use a Child’s Personal Information or Usage Information: (1) to enable a Child to participate in a variety of the Websites’ features such as to track products or enter competitions, sweepstakes or contests; (2) to process a Child’s registration with the Websites; (3) to improve the Websites or to serve the Child specific content that is most relevant to the Child; (4) to contact the Child and Parent with regard to the Child’s use of the Websites and, in our discretion, changes to the Websites and/or Websites’ policies; (5) for purposes disclosed at the time the Child provides their information or as otherwise set out in this Privacy Policy.

Does Funtastic Share Any Information?

We do not disclose Children’s Personal Information to third parties, except to service providers who provide support for the operations of the Websites whom agree to protect the confidentiality, security, and integrity of Personal Information they process for us. We may share some or all of the Child’s Personal Information within the Funtastic group of companies, (collectively, “Affiliates“) for our internal business purposes. We require our Affiliates to comply with this Privacy Policy.

We may transfer and disclose your Child’s Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the Website’s Terms of Use; or (iv) to protect the personal safety or rights of any individual. We may also use IP address or other device identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

In the event Funtastic goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, Personal Information will likely be among the assets transferred. Any acquirer of Children’s Personal Information held by Funtastic will continue to abide by this Children’s Privacy Policy.

Security

We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use our Website and provide us with your information at your risk.

Changes to the Children’s Privacy Policy

Funtastic reserves the right to change this Children’s Privacy Policy at any time without notice to you. Any changes will be effective immediately upon the posting of the revised Children’s Privacy Policy. However, Funtastic will not use your Child’s Personal Information in a manner materially different than what was stated at the time it was collected, without a Parent’s consent.

Contact Us

Funtastic’s mailing address is Level 2, Tower 2, Chadstone Place, 1341 Dandenong Road, Chadstone VIC 3148, Australia. Our customer service telephone number is (+61) 1800 244 543 and our e-mail address for questions about this Children’s Privacy Policy is privacy@funtastic.com.au.

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