Privacy Policy

The website and services are operated by Funkful.

Legal entity / trading details: Funkful PTY ltd

Website: https://www.funkful.co.za

Privacy contact: privacy@funkful.com

For purposes of the Protection of Personal Information Act 4 of 2013 ("POPIA"), Funkful acts as the responsible party in relation to personal information that we process for our own business purposes.

Depending on how you interact with Funkful, we may collect and process the following categories of personal information:

2.1 Account information

When you create an account, we may collect:

• First name
• Last name
• Email address
• Authentication and account information
• Password-related information handled by our authentication provider

Your password is not stored by Funkful in plain text.

2.2 Order and customer information

When you place an order, we may collect:

• Name and surname
• Email address
• Telephone or mobile number
• Delivery address
• Billing information
• Order details
• Products purchased
• Personalisation instructions
• Customer comments or notes
• Order number and order status
• Transaction-related information

2.3 Payment information

Payments may be processed through third-party payment providers. Depending on the payment method selected, payment information may be processed directly by the relevant payment provider.

Funkful does not need to store your full card number, CVV or other sensitive card authentication information on our own systems.

2.4 Communications

When you contact us, we may collect:

• Your name
• Email address
• Telephone or WhatsApp number
• The contents of your message
• Other information you voluntarily provide

2.5 Newsletter and marketing information

If you subscribe to Funkful marketing communications, we may collect:

• Name
• Email address
• Brand or product interests
• Subscription status
• Marketing preferences
• Email delivery and interaction information, where supported

2.6 Website and technical information

When you use our website, certain technical information may be collected automatically, including:

• IP address
• Browser type
• Device type
• Operating system
• Pages visited
• Referring website
• Date and time of visits
• Website interaction information
• Security and diagnostic information

We may collect personal information:

• Directly from you when you create an account;
• When you place an order;
• When you complete forms on our website;
• When you subscribe to our newsletter;
• When you contact us;
• When you communicate with us through WhatsApp, email or other channels;
• When you submit a review;
• Automatically through your use of our website;
• From payment, delivery and other service providers where necessary to fulfil your order; and
• From other sources where permitted by applicable law.

We generally collect personal information directly from you. Where we obtain information from another source, we will do so only where permitted by law.

4.1 Providing our services

We use personal information to:

• Create and manage customer accounts;
• Process and fulfil orders;
• Create personalised products;
• Process payments;
• Arrange delivery;
• Provide customer support;
• Communicate with you about your orders;
• Manage returns, refunds and complaints; and
• Provide other services you request.

4.2 Website operation

We may process information to:

• Operate and maintain our website;
• Keep customer accounts functioning;
• Maintain shopping-cart and checkout functionality;
• Prevent fraud and abuse;
• Protect the security of our website and systems;
• Diagnose technical problems; and
• Improve website functionality.

4.3 Communications

We may use your information to send:

• Order confirmations;
• Payment confirmations;
• Delivery updates;
• Account-related messages;
• Password-reset and security communications;
• Customer-service responses; and
• Other communications necessary to provide our services.

4.4 Marketing

Where permitted by law and, where required, with your consent, we may use your contact information to send marketing communications about Funkful, Scoopful by Funkful, products, promotions, offers and related services.

You can opt out of marketing communications at any time.

Funkful processes personal information in accordance with the conditions for lawful processing under POPIA.

Depending on the circumstances, processing may be based on:

• Your consent;
• The performance of a contract with you;
• Taking steps at your request before entering into a contract;
• Compliance with a legal obligation;
• Protecting your legitimate interests or those of another person; or
• A legitimate interest recognised under applicable law, where permitted.

Where consent is the basis for processing, you may withdraw your consent, subject to any legal or contractual consequences of doing so.

Withdrawal of consent does not affect the lawfulness of processing that took place before withdrawal.

Funkful may process information that you provide when requesting personalised products.

This may include names, messages, images, artwork, photographs or other content supplied by you.

You are responsible for ensuring that you have the necessary rights or permission to provide content that you upload or submit to us.

We use such information only as reasonably necessary to fulfil your order, provide customer support, communicate with you, or otherwise provide the service you requested.

We will not use customer-submitted personalisation content for unrelated purposes without an appropriate lawful basis.

We may share personal information with trusted third parties where reasonably necessary to operate our business and provide our services.

These may include:

• Payment processors;
• Delivery and courier providers;
• Website hosting and infrastructure providers;
• Database and authentication providers;
• Email delivery providers;
• Customer communication providers;
• Website analytics and security providers;
• Technology and software service providers;
• Professional advisers;
• Regulators, law-enforcement authorities or other public bodies where legally required; and
• Other service providers where necessary to provide a service you have requested.

We do not sell your personal information to third parties.

Third-party service providers may process information on our behalf and may have their own privacy policies and terms.

Funkful may use third-party technology providers to operate parts of the website and business.

These may include services used for:

• Website hosting;
• Database storage;
• Authentication;
• Email delivery;
• Payment processing;
• Order fulfilment;
• Security;
• Analytics; and
• Customer communications.

Examples may include Supabase, Resend, Yoco, hosting providers and other service providers integrated into the Funkful website.

The specific providers used by Funkful may change over time as our website and services develop.

Where a third party processes personal information on our behalf, we take reasonable steps to ensure that appropriate privacy and security obligations apply.

Some of our service providers may process or store personal information outside South Africa.

Where personal information is transferred outside South Africa, Funkful will take reasonable steps to ensure that the transfer is made in accordance with POPIA and other applicable legal requirements.

This may include ensuring that the recipient provides an adequate level of protection, that appropriate contractual safeguards are in place, or that another lawful basis for the transfer applies.

Funkful takes reasonable technical and organisational measures to protect personal information against:

• Loss;
• Damage;
• Unauthorised access;
• Unauthorised disclosure;
• Unauthorised alteration;
• Unlawful processing; and
• Other forms of misuse.

Security measures may include access controls, authentication controls, secure connections, service-provider security controls and other appropriate safeguards.

However, no internet transmission or electronic storage system can be guaranteed to be completely secure.

If we become aware of a security compromise affecting personal information, we will respond in accordance with applicable legal requirements, including POPIA.

We retain personal information only for as long as reasonably necessary for the purpose for which it was collected, unless a longer retention period is required or permitted by law.

Certain information relating to orders, payments, invoices, accounting, tax, customer communications and legal disputes may need to be retained for longer periods to comply with legal, regulatory, accounting or contractual obligations.

When personal information is no longer required, we will take reasonable steps to securely delete, destroy or anonymise it.

Subject to the conditions and limitations set out in POPIA, you have rights in relation to your personal information.

These may include the right to:

• Ask whether we hold personal information about you;
• Request access to personal information we hold about you;
• Request correction or updating of inaccurate or incomplete information;
• Request deletion or destruction of personal information in circumstances permitted by law;
• Object to certain processing of your personal information;
• Object to the processing of your personal information for direct marketing;
• Withdraw consent where processing is based on consent;
• Request information about how your personal information is processed; and
• Lodge a complaint with the Information Regulator where you believe your rights have been infringed.

These rights are subject to the requirements, exceptions and limitations contained in POPIA and other applicable laws.

You should ensure that the personal information associated with your Funkful account is accurate and up to date.

If your account does not provide a self-service option for changing certain information, including your registered email address, you may contact us for assistance.

We may need to verify your identity before making changes to account information.

You may request the deletion of your Funkful account and associated personal information by contacting us.

We may need to verify your identity before processing an account-deletion request.

Account deletion does not necessarily mean that all information can immediately be erased. We may retain certain information where required or permitted by law, including information required for:

• Tax and accounting purposes;
• Legal compliance;
• Fraud prevention;
• Dispute resolution;
• Enforcement of agreements; or
• Establishing, exercising or defending legal claims.

Where information must be retained, we will limit its use to the applicable lawful purpose.

Where required by POPIA, Funkful will obtain consent before sending direct electronic marketing communications.

You may unsubscribe from marketing emails using the unsubscribe mechanism provided in the communication or by contacting us.

Opting out of marketing does not prevent us from sending essential transactional or service-related communications.

Our website may use cookies and similar technologies.

Cookies may be used to:

• Keep the website functioning;
• Remember certain preferences;
• Maintain shopping-cart functionality;
• Support account and authentication functionality;
• Improve website security;
• Understand website usage; and
• Improve our services.

Where third-party analytics or similar technologies are used, those providers may process information in accordance with their own terms and privacy policies.

You may be able to control or disable cookies through your browser settings. Disabling certain cookies may affect website functionality.

Funkful's services are not intended to encourage children to provide personal information without appropriate parental or guardian involvement.

Where POPIA requires specific consent or authorisation for the processing of children's personal information, Funkful will comply with the applicable requirements.

If you believe that a child has provided personal information to us in circumstances where it should not have been collected, please contact us.

If you voluntarily submit a review, testimonial, photograph or other content to Funkful, we may process that information for the purpose for which it was submitted.

Where we intend to publish customer content publicly, we will consider whether additional permission or consent is required, particularly where the content contains personal information.

You should avoid submitting personal information belonging to another person unless you have the necessary permission or lawful basis to do so.

Our website may contain links to third-party websites or services.

Funkful is not responsible for the privacy practices, content or security of third-party websites.

We recommend reviewing the privacy policy of any third-party website before providing personal information.

We may update this Privacy Policy from time to time to reflect changes to:

• Our services;
• Our website;
• Technology we use;
• Legal or regulatory requirements; or
• Our privacy practices.

The latest version will be published on this page with the applicable "Last updated" date.

Where required by law, we will take additional steps to notify you of material changes.

If you have questions about this Privacy Policy, want to exercise a privacy right, or wish to make a complaint regarding our processing of your personal information, please contact Funkful:

We will consider and respond to privacy requests in accordance with applicable law.

If you are not satisfied with our response, you may lodge a complaint with the Information Regulator of South Africa, subject to the applicable procedures.

The Information Regulator is the independent regulator responsible for matters relating to POPIA and PAIA in South Africa.

By using the Funkful website, you acknowledge that you have had an opportunity to read this Privacy Policy.

Where applicable law requires your consent for a particular processing activity, Funkful will obtain that consent in the manner required by law.