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Privacy policy

INFORMATION COLLECTION AND USE

Your privacy is important to us. Funky Chunky will not sell, share, or rent this information to any others in ways different than is described below. Funky Chunky collects information from our users at several different areas on our Website to assure quality of services and correct order delivery. We strive to limit the information we collect to the bare minimum require to offer our customers the best experience with us as possible!

Information We Collect About You

Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, our Website has collected the following categories of information from its customers:

  1. Identifiers: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, phone number, and other similar identifiers.
  2. Personal Information: A name, address, telephone number, credit card number, debit card number.
  3. Commercial information: Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  4. Internet or other similar network activity: Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. This information collected only relates to those activities on our Website or with advertisements related to Funky Chunky only.
  5. Equipment Information: Information about your internet connection, the equipment you use to access our Website, and usage details.

We have not collected these types of information:

  1. Protected classification characteristics under California or federal law
  2. Biometric Information
  3. Geolocation Data
  4. Sensory Data
  5. Professional or employment-related information
  6. Non-public education information (per the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g, 34 C.F.R. Part 99)
  7. Inferences drawn from other personal information

We May Also Collect Personal Information from Other Sources

  1. Information received as a part of routine card verification (fraud) checks.
  2. Social network information. When you use a social network login to access our Website, you share certain personal information from your social media account with us. For example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your Funky Chunky account. The specific information transferred depends on your security settings and the privacy policy of your social media network.
  3. Joint marketing partners, when they share information with us.
  4. Publicly available databases.

How We Use Your Personal Information

  1. Providing access to our products and services.
  2. Administering promotions, offers, and events.
  3. Providing you with customer service.
  4. Processing your order.
  5. Sending you information about our products and services when not opted out.
  6. Our business purposes.
  7. Personalizing our products and services.
  8. Publishing your reviews.
  9. Security.

Disclosure of Your Information

We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to maintain the privacy and security of the Personal Information they process on our behalf.

In the past 12 months Funky Chunky may have disclosed your information for legitimate business purposes such as the below (not exhaustive, intended as example categories):

  1. Auditing: Advertising analytics, legal and regulatory compliance.
  2. Security: Detecting security breaches, protecting against fraud and malicious activity, taking action against wrongdoers (e.g., fraudsters and hackers).
  3. Debugging: Identifying and fixing technical errors.
  4. Short-term uses: Contextual ad customization that does not involve or contribute to profiling.
  5. Performing services: Account maintenance, customer service, processing transactions, marketing.
  6. Internal research: To develop or demonstrate technology or new products.
  7. Testing or improvement: Of any service or device “owned, manufactured, manufactured for, or controlled by” the business.

Data Retention Policy

Funky Chunky retains Personal information for a period that is as long as it is required to continue to service our customers. Many of our customers have been with us since the beginning in the 90’s, and we maintain their information securely so they can continue to come back and easily purchase our items. If at at any time a customer no longer wants Funky Chunky to maintain their information, they can request their information be deleted by contacting us at info@funkychunky.com.
PLEASE NOTE: Funky Chunky may be limited in its ability to fully delete information by Federal and State regulations related to Food Traceability Rules related to maintaining customer contact information in order to notify them in regard to food safety or recalls. If this is the case, you will be notified as such in response after your identity has been verified. Any information not required to satisfy these rules and regulations will be deleted wherever possible by Funky Chunky.

California Consumer Privacy Act (CCPA)

The California Consumer Privacy Act (CCPA) provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that Funky Chunky LLC disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm you verifiable consumer request (see Exercising Access, Data Portability and Deletion Rights), we will disclose to you:

  1. The categories of personal information we collected about you.
  2. The categories of sources for the personal information we collected about you.
  3. Our business or commercial purpose for collecting that personal information.
  4. The categories of third parties with whom we share that personal information.
  5. The specific pieces of personal information we collected about you (also called a data portability request).

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA we will not:

  1. Deny you goods or services.
  2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  3. Provide you a different level or quality of goods or services.
  4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by emailing us at info@funkychunky.com.

Only you, or a person registered with the California Secretary of State that you authorize on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  2. Describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

PLEASE NOTE: Funky Chunky may be limited in its ability to fully delete information by Federal and State regulations related to Food Traceability Rules related to maintaining customer contact information in order to notify them in regard to food safety or recalls. If this is the case, you will be notified as such in response after your identity has been verified. Any information not required to satisfy these rules and regulations will be deleted wherever possible by Funky Chunky.

Do Not Sell My Information

Funky Chunky LLC will not sell your personal information. California law requires that we maintain a separate webpage that allows you to opt out of the sale of your personal information, which can be accessed by clicking the link below:

NEED TO CREATE A PAGE (“DO NOT SELL MY INFORMATION” with a web form from Klaviyo that collects their name and email address. https://funkychunky/do-not-sell-my-personal-information. In the form, create a source so I can create a flow to add them to a segment we can maintain.

PLEASE NOTE: Funky Chunky does NOT sell any customer information, and while you may submit this request, it is not necessary to ensure that your information is not sold. To comply with various regulations, we want to make it clear that we have and will not sell your information whether in the last 12 months, or in the last 12 years.

ORDER

We request information from the user on our Website order form and other subscriber signups. Here a user must provide personal information and financial information (like credit card number). This information is used for billing purposes and to fill customers' orders. If there are problems processing an order, this contact information is used to get in touch with him or her.

SHARING

We may share collective demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We may use outside purveyors to ship orders directly, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We partner with another party to provide specific services, such as our mailing for our Funky Chunky promotional emails and newsletters. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the sole purpose of providing these services.

COOKIES

A cookie is a piece of data stored on your hard drive that contains information about your computer. Cookies may also be used to enable us to track and target your interests, for the purpose of enhancing your experience on our site. If you reject the cookie, you may still browse our site, however you will not be able to purchase or have access to all our services such as my account, address book, etc. Cookies can be turned off from your browser settings.

THIRD PARTY PIXELS AND COOKIES

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout. This information can also be found here: https://retention.com/support/update-privacy-policy/.

SEND-TO-A-FRIEND

If a user elects to use our referral services for letting a friend know about our site, we ask for the friend's name and email address. Funky Chunky will automatically send the friend a one-time email inviting them to visit the site or subscribe to our newsletter. Funky Chunky does not store this information in our database; it is only collected on the online form.

SECURITY

Funky Chunky takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. In addition, our online shopping cart is held on a secure server. If you have any questions about the security at our website, you can send an E-mail to info@funkychunky.com. Surveys and Sweepstakes: From time-to-time we may request information from you via surveys or sweepstakes. Participation in these surveys or sweepstakes is completely voluntary. Information requested may include contact information, and demographic information. We will use contact information to notify the winners and award prizes. Survey information will assist us in improving our products and services, and in providing you with an enjoyable shopping experience. None of the information from a survey is used on an individual basis. All information is compiled into statistical groupings only and is not retained for any other use. Legal Disclaimer: Though we make every effort to preserve your privacy we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Website.