Privacy Policy

Last Updated: July 28, 2023

BeFunky, Inc ("us", "we", or "our") operates the https://www.befunky.com website and BeFunky mobile applications (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Use, accessible from https://www.befunky.com/terms/

Definitions

Service: Service is the https://www.befunky.com website and the mobile applications operated by BeFunky, Inc

Personal Data: Personal Data means any data that identifies or that can be used to identify an individual.

For the purposes of the California Consumer Privacy Act (CCPA), Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or household.

Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies: Cookies are files with small amount of data stored on your device (computer or mobile device).

Data Controller: Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User or Consumer): Data Subject is any individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

While using our Service, we may ask you to provide us with certain Personal Data, which may include:

Email address
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
Photographs and graphics
Record of correspondence when you contact us through customer support.

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data

We may collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device ("Usage Data").

This Usage Data may include information such as your computer's Internet Protocol address (i.e., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

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.

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.

Photographs and Graphics

We use your photographs and graphics to provide the Service.

The photographs and graphics that you upload to our website are always private, and they may never ever be public without your consent, that is, unless you opt-in to make them public. If you ever elect to make your photographs and graphics that you upload to our website to be public, we may use them for editorial purposes in line with our Terms of Use, accessible from https://www.befunky.com/terms/, for example, your photograph may appear on our website as a featured image. You may always make your public photographs and graphics private and we will cease to use them for any purpose other than providing the Service.

Remember that you can delete your Personal Data. For any data deletion requests or for more details on how you can manage your Personal Data, please refer to the "Managing and Deleting Your Personal Data" section in this Privacy Policy.

Information from Third-Party Social Media Services

BeFunky, Inc. allows you to create an account and log in to use the Service through third-party social media services, such as Google, Facebook, Twitter.

If you decide to register through or otherwise grant us access to a third-party social media service, we may collect Personal Data that is already associated with your third-party social media service's account, such as your name, your email address associated with that account.

You may also have the option of sharing additional information with us through your third-party social media service's account. If you choose to provide such information and Personal Data, during registration or otherwise, you are giving us permission to use, share, and store it in a manner consistent with this Privacy Policy.

If you choose to use any third-party social media sites, services or features in connection with the Service, such features and any information transferred to us will be governed by the privacy policies of the respective third-party social media services. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Use of Data

BeFunky, Inc uses the collected data for various purposes:

To provide and maintain our Service
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To process payments
To provide customer support
To gather analysis or valuable information so that we can improve our Service
To monitor the usage of our Service
To detect, prevent and address technical issues
To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

BeFunky, Inc will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

BeFunky, Inc will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, 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.

Transfer of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

BeFunky, Inc will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If BeFunky, Inc is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, BeFunky, Inc may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

BeFunky, Inc may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation
To protect and defend the rights or property of BeFunky, Inc
To prevent or investigate possible wrongdoing in connection with the Service
To protect the personal safety of users of the Service or the public
To protect against legal liability

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Managing and Deleting Your Personal Data

We respect your right to control your Personal Data. We have provided tools for you to manage and delete your Personal Data easily.

Deleting Your Account: If you wish to delete all your Personal Data associated with your account, you can do so by logging into your BeFunky account. Once logged in, go to the “Account” section. Within this section, you will find a “Delete Account” button. Clicking this will initiate the process of deleting your account.
Email Verification: Upon clicking the “Delete Account” button, you will receive a verification email to ensure the security and authenticity of the request. This is to confirm that the request for deletion is indeed from you. You will need to click on the verification link provided in this email to confirm your request. Upon successful verification, your account, along with all associated Personal Data, will be deleted from our systems.
Contacting Us: If you are unable to perform these actions yourself, or if you encounter any issues in the process, we are here to assist you. Please contact us through our online form or email us directly at support@befunky.com.

Once you request data deletion, we will immediately cease collecting your Personal Data, and any Personal Data that we have collected prior to your request will be deleted from our systems.

Your Rights under the California Consumer Privacy Act (CCPA)

If you are a California resident, this section applies to you.

Right to Know and Delete

As a California resident, you have the right to request that we delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:

• The categories of personal information we have collected about you;

• The categories of sources from which the personal information was collected;

• The categories of personal information about you we disclosed for a business purpose;

• The categories of third parties to whom the personal information was disclosed for a business purpose;

• The business purpose for collecting the personal information; and

• The specific pieces of personal information we have collected about you.

To exercise any of these rights, please contact us through our online form or email us at support@befunky.com. For any data deletion requests or for more details on how you can manage your Personal Data, please refer to the "Managing and Deleting Your Personal Data" section in this Privacy Policy.

We do not sell your personal information

The CCPA requires us to disclose whether we sell your personal information. We do not sell your personal information.

Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA.

Your Rights Under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. BeFunky, Inc aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

BeFunky, Inc may process your Personal Data because:

• We need to perform a contract with you

• You have given us permission to do so

• The processing is in our legitimate interests and it is not overridden by your rights

• For payment processing purposes

• To comply with the law

If you wish to be informed what Personal Data we hold about you, please contact us through our online form or email us at support@befunky.com. For any data deletion requests or for more details on how you can manage your Personal Data, please refer to the "Managing and Deleting Your Personal Data" section in this Privacy Policy.

You have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data. For any data deletion requests or for more details on how you can manage your Personal Data, please refer to the "Managing and Deleting Your Personal Data" section in this Privacy Policy.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where BeFunky, Inc relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

While we do not sell your Personal Data, we may share it for a business purpose, i.e., to support our own operational purposes in providing the Service. We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Mixpanel

Mixpanel is provided by Mixpanel Inc.

You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/

For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

Alexa Metrics

We use Alexa Metrics to help measure how users interact with our websites. To learn about the privacy policy of Alexa, refer to https://www.alexa.com/help/privacy.

Sentry

We use Sentry for real-time error and application bug tracking so that you don’t encounter problems while using our services. To learn about the privacy policy of Sentry, refer to https://sentry.io/privacy/.

ProfitWell

We use ProfitWell to help notify users when a credit card (stored securely in our payments provider Stripe) needs to be renewed or updated. We also use ProfitWell to assist our internal revenue metrics. To learn about the privacy policy of ProfitWell, refer to https://www.profitwell.com/privacy-policy.

Advertising

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service.

Google AdSense & DoubleClick Cookie

Google, as a third party vendor, uses cookies to serve ads on our Service. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visit to our Service or other websites on the Internet.

You may opt out of the use of the DoubleClick Cookie for interest-based advertising by visiting the Google Ads Settings web page: http://www.google.com/ads/preferences/

Behavioral Remarketing

BeFunky, Inc uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Stripe

Their Privacy Policy can be viewed at https://stripe.com/us/privacy

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 16 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: support@befunky.com

• Through the online form on our website