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15.9 Data Protection Notice to transfer E-Mail addresses to Funko and Direct Marketing Consent

E.M.P. Merchandising Handelsgesellschaft mbH ("EMP", "we" or "our") provides this Data Protection Notice ("Notice") to explain our practices as the responsible data controller regarding the processing of your email addresses in the context of transferring them to our business partner Funko UK Limited, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY ("Funko").

15.9.1. CATEGORIES OF PERSONAL DATA

EMP collects, processes, and uses your email address as part of your check-out process during the purchase of Funko products on the EMP Website.

15.9.2. PROCESSING PURPOSES, BASIS, RECIPIENT AND CONSEQUENCES

You are in the process of purchasing Funko products on our Website. For the purposes of inter alia delivering the Funko products, providing customer care services, compliance with legal obligations and defending, establishing and exercising legal claims we process your email address in accordance with our Website Privacy Policy which you can find here:Privacy Policy.

In addition to that and based on your explicit and voluntary consent in accordance with Art. 6 (1) lit. (a) General Data Protection Regulation ("GDPR") provided on the basis of this Notice, we will transfer your email address to Funko after September 2021. Funko will process your email address to send you marketing information about other Funko products and services, new developments, and their events via email.

The provision of your email address for the transfer to Funko is voluntary and is not required as part of the purchase. Not providing it will not result in any disadvantages for you and will especially not result in legal consequences for you.

15.9.3. INTERNATIONAL TRANSFERS OF PERSONAL DATA

Funko is located in the UK (London) and depending on the outcome of the Brexit process will be located outside the European Economic Area ("EEA") from March 29, 2019 onwards. In case of a hard Brexit the UK will be considered a country which does not adduce an adequate level of protection from a European data protection law perspective. We will take all necessary measures to ensure that transfers out of the EEA are adequately protected as required by applicable data protection law by basing the transfer on appropriate safeguards, such as standard data protection clauses adopted by the European Commission or by a supervisory authority, approved codes of conduct together with binding and enforceable commitments of Funko. You can ask for a copy of such appropriate safeguards by contacting us as set out in the "Questions" section below.

15.9.4. RETENTION PERIOD

Your email address is stored by EMP strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with applicable data protection laws. After the transfer of your email address to Funko in October 2021 and if EMP no longer needs to use your email address for other purposes (as set out in our Website Privacy Policy), we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which EMP is subject).

15.9.5. YOUR RIGHTS

15.9.5.1 Right to withdraw your consent

If you have declared your consent to the transfer of your email address to Funko and the receipt of certain type of direct marketing communication via email from Funko, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. Please contact us as stated in the "Questions" section below to withdraw your consent or contact Funko (supporteushop@funkoeuropeshop.com). You may also use the "unsubscribe" button in each email provided by Funko.

15.9.5.2 Additional data privacy rights

Pursuant to applicable data protection law you may have the right to: (i) request access to your personal data; (ii) request rectification of your personal data; (iii) request erasure of your personal data; (iv) request restriction of processing of your personal data; (v) request data portability; and (vi) object to the processing of your personal data (including objection to profiling).

Please note that the aforementioned rights might be limited under the applicable national data protection law. Below please find further information on your rights under the GDPR:

5.2.1 Right of access: You may have the right to obtain from us confirmation as to whether or not personal data concerning you is being processed, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipient to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals restrict your right of access.

You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

5.2.2 Right to rectification: You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

5.2.3 Right to erasure (right to be forgotten): Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.

5.2.4 Right to restriction of processing: Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.

5.2.5 Right to data portability: Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.

5.2.6 Right to object:Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. Such right to object may especially apply if EMP or Funko processes your personal data for direct marketing via email. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You may exercise this right without incurring any costs other than the transmission costs in accordance with the basic tariffs of your telecommunication provider by contacting us as stated in the "Questions" section below.

Such a right to object may not exist, in particular, if the processing of your personal data is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

If you have also consented to direct marketing but no longer want to receive any direct marketing via email, you also need to withdraw your consent as explained above .

To exercise your rights please contact us as stated in the "Questions" section below.

You also have the right to lodge a complaint with the competent data protection supervisory authority.

Questions

If you have any questions about this Notice or if you want to exercise your rights as explained in the "Your Rights" section, please contact datenschutz@emp.de

EMP's data protection officer can be contacted at E.M.P. Merchandising Handelsgesellschaft mbH, André Bosse, Darmer Esch 70a, D-49808 Lingen, datenschutz@emp.de.

In case of exclusive purchase of Funko products (e.g., shopping cart contains only Funko products) you receive the option to give your consent to transfer your email address to Funko UK Limited, 21 Holborn Viaduct, London, United Kingdom, EC1A 2DY and to receive marketing information from Funko as of October 2021.You can obtain the related data protection information here: Privacy Policy.