Welcome to Funtastic Stuff!
We are firmly committed to the privacy of our customers and the data that is stored on our platform. As your data controller, we ensure that the mandate and obligations set forth in the Republic Act No. 10173, also known as the Data Privacy Act of 2012, (hereinafter referred to as “the Act”) and its Implementing Rules and Regulations are implemented in the processing of data and personal information that we collect or receive from our customers.
Section 1 – SCOPE and purpose
Funtastic Stuff operates the website www.funtasticstuff.com (hereinafter referred to as “Service”) in connection with advertising, offering of new products and services and customer relations.
Section 2 – Definitions
DATA may refer to any information relating to a living individual, single proprietorship or corporation identified or which can be identified from the data or from other information either in our possession or likely to come into the possession.
DATA PROCESSORS (OR SERVICE PROVIDERS) refer to any natural or legal person who processes the data on behalf of the Data Controller. Subject to the consent of the data subject, the Service may outsource the processing of any information pertaining to the data subject.
DATA SUBJECT is any living individual, a single proprietorship or a corporation whose data or personal information is processed.
PERSONAL INFORMATION refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
SERVICE means the www.funtasticstuff.com website operated by Funtastic Int. Inc., the Company.
TRACKING TECHNOLOGIES AND COOKIES are small files stored on your device (computer or mobile device) to track the activity on the Service and store certain information.
USAGE DATA is refers to data collected automatically either generated by the use of Service or from Service infrastructure itself. Usage Data may include information such as the Internet Protocol address, browser type, the pages of our Service that was visited, time and date or other unique identifiers and diagnostic data.
USER is the individual using our Service. The User may also corresponds to the Data Subject, who is the subject of Personal Data.
Section 3 – What Information Do We Collect?
When visiting, registering or logging-in to the Service, Funtastic Stuff reserves the right to collect data falling under three main categories: personal data or information, usage data and tracking technologies and cookies.
Usage and Tracking Technologies and Cookies Data
- Usage, tracking technologies and Cookies Date are information automatically collected upon visit or log-in to the Service. The data may include your IP address, your location, your browser type and version, your operating system, your referral source, your length of visit, your page views, and website navigation.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information.
We use the cookies in the following ways:
- To help remember and process the items in the shopping cart;
- To understand and save user’s preferences for future visits for a more customized and seamless experience;
- To compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf;
- You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browsers are different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
Examples of Cookies we use:
- Session Cookies: We use Session Cookies to operate our Service.
- Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
- Security Cookies: We use Security Cookies for security purposes.
- Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
- You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Personal Information and Data
- Personal Data of Information are collected through the following:
- Registering for an account: the Service may ask for personal information which may include, but not limited to the following: Email Address, Full Name, Address, Date of Birth, Contact Number and Business Data.
- Communicating through the use of Service: Information may also be collected when any person or User makes inquiries, registers a domain name, or provides any information by email or through the Internet, inquires or requests for products and offerings, receives technical support, registers an account online, makes additional orders or when the person or User make a complaint. Information collected my include: records of communications and responses to surveys.
- Subscribing to newsletters, email notifications and/or newsletters: Personal Information, such as Email Address, Full Name and Username, may be collected by the Service.
- Voluntarily providing data or information: Funtastic Stuff may collect personal data or information directly from the User when the User voluntarily provides it. For example, when the User communicates with us over the telephone or through the Service by way of email, online chat, web form, or online account registration to obtain access to products and offerings, register for an event or training, purchase a product or offering, ask questions, attempt to resolve any issues related to the Service, products or offerings, or submit feedback and comments.
- Making payment for purchases of products: Funtastic Stuff, through the use of the Service, or its Sales, Account Manager and/or Customer Service Teams, may ask for information relating to the transactions between the Funtastic Stuff and the User. The information may include, but not limited to the following: Product or Goods purchased, Credit or Debit Card Information, Bank Account Details, Billing or Shipping Address and the like.
Please be advised that we do not store your financial information on our systems. However, we have access to and may retain subscriber information through our third-party payment processor.
Section 4 – How We Use Your Information
In order for the Funtastic Stuff to operate effectively and provide the User the best experience, data or information collected are used in various ways, such as:
- To provide, operate, manage and maintain our services;
- To gather data or information for the improvement, personalization and expansion of Service and digital platforms;
- To develop new products, services, features and functionalities;
- To communicate with the user for updates and other information relating to purchased goods or services;
- To send the user newsletters, email notifications, to send you marketing or promotional materials;
- To process the user’s transactions, including billing and collection;
- To carry out the Company’s obligations and enforce its rights arising from any contracts entered into between you and us;
- To keep our website secure and prevent fraud;
- To provide customer support, detect, prevent and address technical issues;
- To understand and analyze how the user utilize our Services for the Company to better respond to individual needs;
- For compliance purposes, including enforcing our Terms of Service, or other legal rights, or as it may be required by applicable laws and regulations, or requested by any judicial process or governmental agencies.
- For any other purposes with the user’s consent
Please be assured that the Funtastic Stuff will not share or disclose any of the personal data or information shared, without your express consent, to any third parties for the purpose of direct marketing.
Section 5 - Data Retention
Funtastic Stuff shall retain the user’s personal data or information as long as there is an on-going legitimate business need to process the data or information or the extent that we are required to do so to comply with applicable legal, tax, or accounting requirements and to enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
If the transaction between the user and Funtastic Stuff has ended and there is no legitimate business to process personal data or information, we will securely delete or anonymize your personal data or information.
If this is not possible (e.g. because your personal information has been stored in our backup archives), then we securely store your personal information and isolate it from any further processing.
Section 6 - How We Share Your Information
With the user’s express consent obtained, the Funtastic Stuff may share the data or information collected when necessary to provide the service and facilitate its operations. Data or information collected may be shared to certain types of third parties for the purposes described hereunder:
- Vendors and Service Providers: We may share information with third-party vendors and service providers that provide services on our behalf and to provide you with information relating to product announcements, special offers, software updates, or other business-related functions.
- Aggregated Information: Where legally permissible, we may use and share information about users with our partners in an aggregated or de-identified form that cannot reasonably be used to identify you.
- Third-Party Partners: We also share information about our users with third-party partners in order to receive additional and publicly available information about you.
- Business Transfers: Information may be disclosed and otherwise transferred to any potential acquirer, successor, or assignee as part of any proposed merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
- As Required By Law and Similar Disclosures: We may also share information to third parties when we have a good faith belief that disclosure is necessary to:
- Comply with law, regulation, court order, other legal process, or governmental request;
- Detect, prevent, or otherwise address fraud, security, or technical issues, intellectual property infringement, violation of contracts or agreements, or violation of law;
- Exercise, establish or defend the Company’s legal rights or interests or protect our property, security and people; or
- Respond to your requests and protect your vital interests.
Funtastic Stuff shall not use personal data or information given or transmitted through the Internet for purposes other than what has been described on this website.
However, due to the nature of the Internet as an unsecured medium of communication, Funtastic Stuff reserves the right to refrain from giving out an absolute guarantee that the privacy or confidentiality of the personal data or information given or transmitted by the user is free from any unfavorable instances that may occur. We shall not be held liable for damages for any loss of confidentiality of any information transmitted herein.
In the event that Funtastic Stuff has determined that a data breach has occurred, we will notify the National Privacy Commission and affected data subject or user in accordance with law.
Section 7 – Security of Data
The user’s personal data or information will generally be stored in the our databases or databases maintained by our service providers. We take appropriate measures, by contract or otherwise, to provide adequate protection for personal information that is disclosed to a third party or transferred to another country, including transfers within the Company.
We shall maintain reasonable safeguards to protect the confidentiality, security and integrity of your personal data or information. Although we use security measures to help protect your personal information against unauthorized disclosure, misuse, or alteration, as is the case with all computer networks linked to the Internet, we cannot guarantee the security of information provided over the Internet and will not be responsible for breaches of security beyond our reasonable control.
Section 8 – Vendors, Service Providers and Sub-processors
Funtastic Stuff may employ third-party companies or individuals to facilitate our Service (“Service Providers”) to provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.
These third parties shall have access to your personal data or information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service and to automate the development process of our Service.
Section 9 – Basis for Processing Personal Information
The lawful basis for collecting and using the personal information described above will depend on the purposes for which the personal data or information was shared and the specific context in which it was collected.
- On the basis of legitimate business interests: We process personal information on the basis that the processing is necessary for the Company’s legitimate business interests, which may include: (a) providing, improving, and promoting products and services; (b) communicating with current and potential customers, other Business Partners; (c) managing our relationships with our customers and other Business Partners; (d) other business development purposes; (e) sharing information within the Company, as well as with service providers and other third-parties; and (f) maintaining the safety and security of our products, services and employees, including fraud protection.
- On the basis of performance of a contract: We process personal information as necessary for performance of a contract, which may include e-commerce transactions in which you purchase a product or service from the Company, on your own behalf, through the Company’s Internet Site or App.
- On the basis of consent: Processing activities for which the Company uses consent as its legal basis include the: (a) collecting and processing precise location information from computer or mobile device; (a) sending promotional emails when consent is required under applicable law; and (c) processing personal data or information on the Company’s Internet Sites or Apps through cookies and similar technologies when consent is required by applicable law.
- On the basis of legal obligation: Processing of personal data or information may be done by the Company to: (a) comply with its legal obligations, such as payment of taxes and other government levies; (b) providing your personal data to law enforcement agencies and other governmental bodies when required by applicable laws; (c) retaining business records required to be retained by applicable laws; and (d) complying with court orders or other legal process.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need your personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences, if you do not provide your personal information).
Section 10 – Your Data Privacy Rights
In accordance with the Data Privacy Act of 2012, you have the following rights with respect to your personal data, which apply differently in different circumstances:
- Right to Information: You have the right to be informed about the collection, processing and disposal of personal data and be informed of the information indicated hereunder before the entry of his or her personal information into the processing system of the personal information controller, or at the next practical opportunity:
- Description of the personal information to be entered into the system;
- Purposes for which they are being or are to be processed;
- Scope and method of the personal information processing;
- The recipients or classes of recipients to whom they are or may be disclosed;
- Methods utilized for automated access, if the same is allowed by the data subject, and the extent to which such access is authorized;
- The identity and contact details of the personal information controller or its representative;
- The period for which the information will be stored; and
- The existence of their rights, i.e., to access, correction, as well as the right to lodge a complaint before the National Privacy Commission.
- Contents of his or her personal information that were processed;
- Sources from which personal information were obtained;
- Names and addresses of recipients of the personal information;
- Manner by which such data were processed;
- Reasons for the disclosure of the personal information to recipients;
- Information on automated processes where the data will or likely to be made as the sole basis for any decision significantly affecting or will affect the data subject;
- Date when his or her personal information concerning the data subject were last accessed and modified; and
- The designation, or name or identity and address of the personal information controller,
Section 11 – Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Section 12 – Policy Amendments