Funko

Version of the Privacy Statement 23/03/2022

We understand that your trust in us is the most important asset of “LOTANA BV” (hereinafter referred to as “LOTANA”, “we” or “us”). Your privacy is therefore essential to us.

Current privacy statement (hereinafter referred to as “Privacy Statement”) applies to (i) our website https://www.lotana.be (including www.lotana.eu, www.spelmagazijn.be, www.speelgoedmagazijn.be , www.puzzlemagazijn.be, www.creatiefmagazijn.be and www.miniloco.be (hereinafter jointly referred to as the “Website”) and (ii) all (commercial) relationships between LOTANA and its customers, prospects and business partners.

This Privacy Statement contains, among other things, information about the personal data that LOTANA collects, as well as the way in which LOTANA uses and processes this personal data.

LOTANA would like to emphasize that it always tries to act in accordance with the “Privacy Legislation”, namely (i) the Belgian Privacy Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data, (ii) EU Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC and / or (iii) the (future) Belgian legislation regarding the implementation of the aforementioned Regulation.

Visiting the Website, purchasing products, as well as subscribing to the newsletter implies your explicit approval (by means of communication of your personal data or opt-in) of the Privacy Statement and thus the way in which LOTANA collects your personal data. and processed.

Please read this Privacy Statement in conjunction with LOTANA's cookie policy.

I. Types of personal data

LOTANA can collect and process the following personal data:

• Name

• First Name

• Company Name

• VAT number

• E-mail address

• Telephone number

• Address

• password

LOTANA also automatically collects anonymous information regarding the use you make of the Website. For example, LOTANA will automatically log which parts of the Website you visit, which web browser you use, which website you visited when you accessed the Website. We cannot identify you on the basis of this data, but it allows LOTANA to compile statistics regarding the use of the Website.

II. Method of collecting personal data

These personal data are collected at or in the context of:

• Visit of the Website

• Creating an account

• Filling in the contact form

• Subscribing to the newsletter (whether or not via the Website)

• Correspondence with and from LOTANA

• The verification of your identity

The personal data collected by LOTANA is thus expressly and voluntarily provided by you.

Providing certain personal data is (sometimes) a condition to be able to enjoy certain services (e.g. to enjoy specific (payment) conditions). It is indicated here which data are mandatory and which are optional.

III. Use personal data

LOTANA can use your personal data for the following purposes:

• The execution of an agreement with LOTANA (including the follow-up thereof)
• Answering questions (whether or not asked via contact form)
• Optimizing the quality, management and content of the Website
• Sending newsletters
• Statistical purposes
• Conducting customer satisfaction surveys, surveys and other market research
• Sending invoices and collecting payments
• Accountancy purposes

The processing takes place on the following legal grounds, as the case may be:

• You have given permission for the processing of your personal data for one or more specific purposes
• The processing is necessary for the performance of the agreement with LOTANA or to take measures at your request prior to the conclusion of an agreement
• The processing is necessary to comply with a legal obligation that rests on LOTANA
• The processing is necessary to protect your vital interests or those of another natural person
• The processing is necessary for the performance of a task carried out in the public interest
• The processing is necessary for the pursuit of the legitimate interests of LOTANA or of a third party, except when your interests or fundamental rights and your fundamental freedoms that require the protection of personal data outweigh those interests (especially if you are a minor)

IV. Disclosure of personal data to third parties

LOTANA will not disclose your personal data to third parties, unless it is necessary in the context of the execution of the agreement and its optimization (such as but not limited to processing payments, sending deliveries, in the context of database management and operation of the website). In this context, your personal data may be disclosed to payment providers, software suppliers, cloud partners, transport partners and external IT consultants.

LOTANA undertakes in any case to conclude a data processing agreement with these third parties, which contains the necessary guarantees regarding confidentiality and privacy conformity of your personal data.

Notwithstanding the foregoing, it is however possible that LOTANA discloses your personal data:

• To the competent authorities (i) when LOTANA is obliged to do so by law or in the context of legal or future legal proceedings and (ii) to safeguard and defend the rights of LOTANA.
• When LOTANA or substantially all of its assets are acquired by a third party, in which case your personal data that LOTANA has collected will be one of the transferred assets.

Notwithstanding the foregoing, it is however possible that LOTANA discloses your personal data:

To the competent authorities (i) when LOTANA is obliged to do so by law or in the context of legal or future legal proceedings and (ii) to safeguard and defend the rights of LOTANA.
In all other cases, LOTANA will not sell, rent or pass on your personal data to third parties, unless it (i) has obtained your permission for this and (ii) has concluded a data processing agreement with the relevant third party, which contains the necessary guarantees regarding confidentiality. and privacy-compliant treatment of your personal data.

V. Cross-border processing of personal data

Any transfer of personal data outside the European Economic Area (EEA) to a recipient who is domiciled or domiciled in a country not covered by an adequacy decision issued by the European Commission will be governed by one or more appropriate safeguards (as approved by the EU):

• The conclusion of a data transfer agreement with the addressee, which will contain the standard contractual clauses as stipulated in the "Decision of the European Commission of February 5, 2010 (Decision 2010/87 / EC)"; and / or
• Binding corporate rules; and / or
• Certification mechanisms.

VI. Storage of personal data

Unless a longer retention period is required or justified (i) by law or (ii) by compliance with other regulations, LOTANA will only retain your personal data for the period necessary to achieve and fulfill the purposes described. in this Privacy Statement under 'III. Use personal data ".

Data for newsletters are stored for a maximum of 3 years after the last order. Billing data must be legally stored for 7 or 10 years. Other customer data is stored for a maximum of 5 years after the last order.

VII. Your privacy rights

In the context of the processing of your personal data, you have the following privacy rights:

• Right to access your personal data;
• Right to rectification, completion or update of your personal data;
• Right to delete your personal data ("right to be forgotten") (LOTANA would like to point out in this context that certain services will no longer be accessible or can no longer be provided if you delete certain necessary personal data or have them deleted);
• Right to a restriction of the processing of your personal data;
• Right to portability of your personal data;
• Right to object / object to the processing of your personal data.

If you wish to exercise your privacy rights, please contact privacy@lotana.be or fill in the form for exercising your privacy rights and send it to LOTANA by email or post.

In principle, you can exercise these rights free of charge via the above form. In addition, you can always verify, update and / or change your personal data that you had to provide when creating your account via your account.

If you no longer wish to receive newsletters or information about LOTANA products, you can unsubscribe at any time by clicking on the "unsubscribe" button, as provided at the bottom of every email from LOTANA.

VIII. Security of personal data

LOTANA is committed to taking appropriate and reasonable physical, technological and organizational security measures in order to prevent (i) unauthorized or unlawful access to your personal data, as well as (ii) loss, misuse or alteration of your personal data.

LOTANA will store all personal data it has collected on-site or in the cloud with data centers in the EU.

Notwithstanding (i) LOTANA's security policy, (ii) the controls it carries out and (iii) the actions it takes in this regard, an infallible level of security cannot be guaranteed. No method of transmission or retransmission over the Internet, nor any method of electronic storage is 100% secure, so LOTANA cannot guarantee absolute security in this context.

Finally, the security of your account will also depend on the confidentiality of your password and other account information. LOTANA will never ask for your password, nor will you be obliged to provide it yourself. If you have communicated your password to a third party, this third party will gain access to your account and your personal data via your password. In that case, you are responsible for the actions taken by the use made of your account. LOTANA strongly recommends that you immediately change your password when you determine that someone has access to your account and contact LOTANA immediately.

IX. Update Privacy Statement

LOTANA is entitled to update this Privacy Statement by posting a new version on the Website where LOTANA will indicate the date of revision at the top of the first page of this Privacy Statement. In this context, it is strongly recommended that you regularly check the Website and the relevant page on which the Privacy Statement is displayed to ensure that you are aware of any changes.

X. References to other websites

The Website may contain hyperlinks to other websites. When you click on one of these links, you may be taken to another website or internet resource that may collect information about you knowingly or through cookies or other technologies. LOTANA does not bear any responsibility, liability or power of control over these other websites or internet resources, nor their collection, use and distribution of your personal data. You must check the privacy policy of these other websites and internet sources in order to judge whether they act in accordance with the Privacy Legislation.

XI. Contact LOTANA

If you have any questions about the Privacy Statement or the way in which LOTANA collects, uses or processes your personal data, please contact us:

- Via e-mail: privacy@lotana.be,
 or 
- Via letter: Ter Voort 20, 2260 Westerlo, Belgium

If you are dissatisfied with the way LOTANA has handled these questions or comments or if you have any complaints about the way LOTANA collects, uses or processes your data, you can submit a complaint to the Data Protection Authority.

Gegevensbeschermingsautoriteit
Drukpersstraat 35
B-1000 Brussel

+32 (0)2 274 48 00
+32 (0)2 274 48 35
contact@apd-gba.be

This is without prejudice to a provision before a civil court. If you should suffer damage as a result of the processing of your personal data, you can file a claim for compensation.