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Privacy Policy

This document, together with additional information accessible at WWW.FUNKULTURE.COM (the “Website”), constitutes the “Privacy Policy” applicable between you and F.U.N.K (the “Company”). The Privacy Policy regulates the processing of your personal data by the Company Luxe as detailed in this Privacy Policy. Any definition beginning with a capital letter and contained in the Privacy Policy shall have the same meaning as in the Terms of Use or in the Terms of Sale, unless otherwise defined.

If you do not accept the terms of the Privacy Policy, please leave the Website and do not make any purchases of products offered for sale on the Website.

The Company undertakes to collect and process your Personal Information in strict compliance with the applicable legal provisions and, where appropriate, to make the necessary declarations to the supervisory authorities.

We collect your Personal Information directly and indirectly from you. When your Personal Information is collected, obligatory information is preceded by an asterisk, as it is essential to the execution of the contract, the performance of the services or compliance with a legal obligation.

Specific examples of the types of Personal Information collected by the Company are as follows:

  • Prefix / Sex / Title
  • Surname
  • First name
  • Date of birth
  • Home or delivery address (post code, city, country)
  • Email address
  • Telephone number
  • Billing Information
  • Browsing behavior on the Website (with cookies)
  • All information about you shared with internal Company teams

The types of information we collect when you use the Website depend on the features you use on the Website. “Personal Information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, device, or household. We will handle your Personal Information in accordance with this Privacy Policy, including as further described below:

  • Identifiers, which may include name, address, online identifier or username, Internet Protocol address, or email address. These are sourced directly from you or indirectly from you (e.g., from observing your actions on the Website). We disclose this information for business purposes to internet service providers, administrative service providers, and payment processors.
  • Personal Information categories contained in customer records, which may include name, address, telephone number. We source this information directly from you. We disclose this information for business purposes to internet service providers, administrative service providers, and payment processors.
  • Characteristics of protected classifications, such as age or gender. We source this information directly from you. We do not disclose this information to third parties.
  • Commercial information, which may include records of services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We source this information directly from you. We disclose this information for business purposes to internet service providers, administrative service providers, and payment processors.
  • Internet, technical or other similar network activity, which may include usage and browsing history; device information, including device properties; search history; information on your interaction with our Website; and error logs. We source this information directly or indirectly from you (e.g., from observing your actions on our Website). We disclose this information for business purposes to administrative service providers, data analytics providers, and internet service providers.
  • Inferences drawn from other Personal Information, which may include a profile reflecting a person’s preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We source this information directly or indirectly from you, (e.g., from observing your actions on our Website). We do not disclose this information to third parties.

Your decision to provide any Personal Information is voluntary. However, please note that, if you do not provide certain Personal Information, we may not be able to accomplish some purposes outlined in this Privacy Policy and you may not be able to use or access certain services on our Website.

The Website is encrypted according to SSL (Secure Socket Layer) protocol and is reinforced by a set of various existing encryption processes in order to provide the most effective protection possible for your confidential billing information. The Company does not have access to your confidential banking information, only its banking partner has access to this confidential information (card number, expiry date, security code) and this information cannot be consulted by the Company or any third party.

In accordance with the Terms of Use, minors are not authorized to use the Website and the Company does not collect any Personal Information from minors. If you are the parent or legal guardian of a minor who has registered on the Website, please contact the Company at support@funkulture.com to have your child’s registration cancelled and to delete all their personal data from the Company’s systems.

The Company will store your Personal Information only for the time necessary to provide its Services.

In the event of prolonged inactivity on your part, for a period of five (5) years, your user account will be deactivated. At the end of this period, the Company may contact you to find out whether or not you wish to (i) continue to receive Newsletters and other publications from the Company; (ii) keep your account.

The Company reserves the right to retain your Personal Information for a longer period, for statistical purposes, in cases of suspected illegal activity on the Website, or for probative purposes in the context of an obligation (particularly accounting or legal obligations) during statutory limitation periods, or in response to any requests from the authorities responsible for the protection of Personal Information.

The Company may also keep, for its records, copies of communications with you and any response to questions and/or comments sent by our Customer Service department.

Beyond the retention period, your Personal Information will be anonymized and destroyed by the Company systems. The same instruction will be given to any third parties with which your Personal Information has been shared in accordance with this the Privacy Policy.

Your Personal Information may be shared with other companies in the Company group so that you can take advantage of high quality, tailored services in each of your interactions and contacts with the Company; and so that the Company can offer products and services that might interest you.

The Company may share your Personal Information with trusted third parties acting on behalf of the Company, particularly service providers involved in the management of our Website and providing IT, hosting, maintenance and support services for our equipment, infrastructures, software, applications and databases; providers of services essential to the execution of sales (payment provider, delivery provider and order follow-up).

When the Company organizes joint events with our commercial partners, this may entail sharing your Personal Information with these partners, only when you have consented to this sharing and strictly in the context of such events.

The Company undertakes to limit the sharing of your Personal Information exclusively to third parties for which this information is necessary for one of the purposes set out in this Privacy Policy. Third parties selected by the Company are contractually bound to comply with the confidentiality and security obligations in accordance with the laws and regulations in force.

The Company may share your Personal Information if we believe that this disclosure is necessary to comply with current legal provisions, particularly in the context of legal proceedings, or to protect the legitimate interests of the Company.

In the event of a restructuring and/or reorganization of the Company, or if its assets are acquired by a third party or assigned to a third party in whole or in part, the customer list and your Personal Information may be included in the transferred assets and/or shared during the assessment process pending transfer. If transferred in such a case, your information would remain subject to this Privacy Policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this Privacy Policy.

Under no circumstances will the Company offer your Personal Information for sale.

Your Personal Information is transferred within the Company corporation on the basis of the binding corporate rules.

The Company may also send your Personal Information to third party service providers outside the European Union for certain service requirements. For any transfers of your Personal Information outside the European Union where the level of personal data protection is not equivalent to GDPR, the Company ensures that the appropriate guarantees are put in place to preserve the security of your personal data, either with an adequacy decision, or by signing the European Commission’s standard contractual clauses.

TO OFFER YOU CUSTOMISABLE AND CUSTOMISED SERVICES, THE COMPANY USES COOKIES FOR REGISTRATION AND SOMETIMES TO TRACK YOUR BROWSING DATA ON THE WEBSITE.

Understanding Cookies
A cookie is a small block of data, a text file, sent to your browser from a Web server and stored on the hard drive of your computer. This file allows its issuer to identify your computer for the validity period of the cookie, or for a maximum of six (6) months. Cookies do not, therefore, allow you to be identified directly. By browsing the website, you accept the use of cookies under the terms and for the purposes set out in this Privacy Policy.
You can change your preferences in terms of cookie management at any time during your connection to the website.

Categories of Cookies Used
The website uses cookies that are strictly necessary for browsing and using the functionalities offered, functional cookies and performance cookies for creating website visit and performance statistics and advertising cookies enabling you to be offered customized advertising on the internet, including on your social media when you use the internet or your social media.

  1. Technical cookies:

    Technical cookies are necessary for the technical functioning of the website and are therefore permanently activated to allow the successful conclusion of essential operations proposed by the website. Technical cookies cannot be disactivated. These cookies allow your route through the website to be tracked, the functioning of your basket to be managed until the purchasing process and you to be assisted in the event of any security problems.

  2. Functional cookies:

    Functional cookies improve the functioning and ergonomics of the Website because they remember the choices you make when you browse the Website and provide you with customized services to give you a better experience. They can provide services that you have requested such as direct chat. Deactivating these cookies, the relevance of the recommendations could be reduced and the Website’s browsing speed slowed down.

  3. Performance cookies:

    Performance cookies collect information on how you use the Website and allow us to analyze your browsing and measure the Website’s audience. These cookies are exclusively used for statistical purposes and improve the functioning of the Website.

  4. Advertising cookies:

    Advertising cookies allow us to offer you customized advertising on the internet in line with your interests, particularly on social media, and to monitor the performance of our advertising. Advertising cookies on social media also allow you to connect to your social media and to share content from the Website on your social media.

Manage your Cookie Preferences

We may work with service providers that use cookies and web beacons to collect information, and to serve advertisements to you across the Internet based on that information.

  • Google Analytics. To help facilitate the delivery of relevant content, we use Google Analytics. Google Analytics uses cookies to report on user interactions on our and others’ websites. We use the data collected for optimizing marketing, refining advertising and/or programming strategies, and generally improving user experience. For more information about Google Analytics and how it collects and processes data, please visit: https://policies.google.com/technologies/partner-sites and instructions on opting out of Google Analytics using a specific plug-in is available at the following link: https://tools.google.com/dlpage/gaoptout. Note that this opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.
  • We also use Facebook Analytics to measure your use of our Website, tailor our Website to your interests, and improve our products and services. Please note, Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at Facebook.com/about/privacy/.

Any registration of cookies on your computer requires your consent, which can be given and modified at any time without charge by changing your browser settings. Each browser has its own cookie management system. They are described in the help menu of each browser, and below you will find instructions on how to manage and disable cookies for the main types of web browsers:

For Internet Explorer 8 and later versions:

  1. Go to “Tools” menu, then “Internet Options”
  2. Click on “Privacy”
  3. Select your preferred level of privacy

For Mozilla Firefox:

  1. Go to “Tools” then “Options” menu
  2. Click on the “Privacy” settings
  3. Select your preferred option on the “Cookies” menu

For Opera:

  1. Go to “Files” > “Preferences”
  2. Click on “Privacy”
  3. Select your preferred options

For Android:

  1. Click on the upper right button
  2. Go to “Settings” then “Privacy and security menu”
  3. Select your preferred option

For Safari on iOS:

  1. In the “Settings” app, go to “Safari” menu
  2. Go to “Accept cookies” under “Privacy”
  3. Select your preferred option

For Google Chrome:

  1. Click the Chrome menu on the browser toolbar
  2. Select “Settings” then click “show advanced settings”
  3. In the “Privacy” section, click the “Content settings” button.
  4. In the “Cookies” section, you can change cookies settings

The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. The Company therefore does not recognize DNT signals and do not respond to them.

The Website may contain links to other websites. Such third-party websites have their own privacy policies over which the Company has no control. This Privacy Policy does not cover the use of the collection of your data by third party websites. The Company may not be liable for any misuse of your Personal Information by such third parties, which does not comply with the legal obligations in this regard. The Company recommends that you review the privacy statements posted on other websites to understand the procedures for collecting and using Personal Information.

The Company, in its capacity as Data Controller of the Personal Information referred to in this Privacy Policy implements all the necessary technical and organizational measures to protect your Personal Information against destruction, alteration, theft or unauthorized access.

Your Personal Information is strictly confidential. The Company’s employees who, as a result of their role, have access to your Personal Information, are subject to strict confidentiality obligations.
The Company has a procedure for handling a proven or suspected breach of the security of your Personal Information under the conditions and within the legal deadlines.

The Company demands the same technical and organizational security measures from all third parties with which we collaborate.

Transactions concluded on the Website are protected by an SSL encryption process. The Company reminds you, however, that no data transmission over the Internet is 100% secure and that all information communicated online can potentially be intercepted and used by people other than the intended recipient. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security system breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Website or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Website. We may post a notice via our Website if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

The Company may update the Privacy Policy from time to time. In such a case, the Company will publish the new version of the Privacy Policy on the Website and update the Last Updated date above. If we make material changes to our Privacy Policy, we will notify you by prominently posting the changes on our Website or by using the contact information you have on file with us. By continuing to use our Website you are agreeing to be bound by any changes or revisions made to this Privacy Policy. Please visit this page regularly to stay informed of our practices. By using the Website, you accept the terms of the Privacy Policy.

As of January 1, 2020, you may be entitled to the below rights:

  • The right to know. You may request information about the categories and specific pieces of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the sale or disclosure for business purposes of your Personal Information to third parties, and the categories of third parties with whom this information was shared. You may also request a copy of the Personal Information we have collected, and upon request, we will provide this information to you in electronic form;
  • The right to opt out of the sale of your Personal Information to third parties. We note that we do not sell your Personal Information at this time, we do not share your Personal Information with third parties for their direct marketing purposes, and we do not collect the Personal Information of children under 18 years old;
  • The right to request deletion of your Personal Information, subject to certain legal exceptions; and
  • The right to not be discriminated against for exercising any of the rights mentioned above.

You can exercise your rights by contacting us using the details set out in the section below. Whenever feasible for verification, we will match the identifying information provided by you to the Personal Information already maintained by us. If, however, we cannot verify your identity from the information already maintained by us, we may request additional information. You may designate an authorized agent to make a request on your behalf. Such authorized agent must have permission to submit requests on your behalf. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

You can contact the Company at any time to access your Personal Information, to update, correct or delete it, or restrict its processing, by writing to our Customer Service department at privacy@funkulture.com.

When the processing of your Personal Information is based on consent, the withdrawal of consent does not affect processing carried out before the withdrawal of consent. When the processing of your Personal Information is based on the legitimate interest of the Company, you can challenge the processing when your interests and your fundamental freedoms prevail over the legitimate interest of the Company.

In order to satisfy your request, when the Company has reasonable doubts about your identity, the Company reserves the right to ask you for any additional information enabling it to identify you with certainty.

Where necessary, You must ensure that you provide the Company with any changes to your information, in particular to allow us to ship your orders to the correct address and to contact you if necessary.

In the event of a dispute regarding the way in which the Company collects and processes your Personal Information, you have the option to:

  • Issue a complaint.
  • Inform the Data Protection Officer by email to dbo@funkulture.com.
  • File a complaint with the relevant supervisory authority.
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