PRIVACY STATEMENT 
 

Fun and Function, LLC, its affiliates, and its subsidiaries (collectively referred to as “Fun and Function”) respect the privacy and security of its visitors.  Our goal is to provide parents and children with the opportunity to share moments of learning and growing together.  Fun and Function’s website, <www.bykidsonly.com>, is meant to provide you and your child with an educational, interactive and personalized Internet website experience that delivers the information, resources, and services that are most relevant and helpful to you and your child.  The Site is directed to, and intended for, residents of the United States only.  This Privacy Statement discloses the information gathering and dissemination practices of Fun and Function in connection with <www.bykidsonly.com> and all other World Wide Web sites owned or operated by Fun and Function (collectively, the “Site”).  Fun and Function can be contacted by mail at P.O. Box 11, Merion Station, Pennsylvania 19066, by phone at (800) 231-6329, by fax at (866) 343-6863, or by e-mail at support@funandfunction.com.   
 

Fun and Function is committed to respecting and protecting the privacy of users of the Site, including complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”) when applicable.  Fun and Function does not condition a child’s participation in any activity on the Site on the disclosure of more information than is reasonably necessary to participate in the activity. 
 

1. Collection of Personal Information from Site Visitors 
 

Fun and Function may collect personal information about you, your family, or your friends that you voluntarily provide to the Site.  Areas of the Site that require a user to complete a registration process before using those areas are solely directed to parents that are at least 18 years of age.  Fun and Function uses indicators at certain points to let users know when they are entering an area that is limited to registered users.  To register, parents must enter their birth date to confirm that they are at least 18 years of age.  Parents must also create a unique account name and password and provide personal information including the parent’s full name, parent’s email address, and parent’s home address. 
 

Fun and Function does not knowingly collect personal information from children under the age of 13, and Fun and Function does not wish to collect any such information.  In the event that it gains knowledge that a child under the age of 13 has submitted any personal information to it via the Site, Fun and Function may use the child’s email address for the sole purpose of responding to the child’s question on a one-time-only basis.  Fun and Function will not use the child’s email address for any other purpose and Fun and Function will delete it from its records.  If Fun and Function becomes aware that it has unknowingly collected personal information other than an email address from a child under the age of 13, it will delete the information immediately.  Features on the Site that are open to non-registered users, such as games or other electronic activities, may collect only non-personal information, such as a first name, age, hometown, and home state.

Fun and Function may collect and track: (a) Visitor-Supplied Information - When you request more information from Fun and Function through our Input Field titled “Contact Us” or other forms on the Site, we may ask you to supply your name, e-mail address, and other personal information; (b) Server Log Information - When you visit an Internet Web site, certain information is disclosed to us about you, such as your Internet Protocol (IP) address, the time of your visit, and the referring location (e.g., the Site or page that offered a link to a Fun and Function page); (c) Statistical Data – In order to solve technical problems with the Site and to calculate overall usage statistics, we collect aggregate information on which pages you access; and (d) Cookies - In order to offer and provide a customized, personal service, Fun and Function may use cookies to store and help track your information.  Internet “cookies” save data about individual visitors, such as your name, password, screen preferences, and the pages of a site you viewed.  When you revisit the Site, Fun and Function may recognize you by the Internet cookie and customize your experience accordingly.  You may decline Internet cookies, if any, by using the appropriate feature of your Web client software, if available. 
 

2. Use of Personal Information Collected; Disclosure of Personal Information to Third Parties 
 

Fun and Function uses the information collected during the registration process to provide parents access to parent-directed features and activities, which may include uploading their child’s artwork, participating in blogs, and signing up to receive newsletters.  Fun and Function also uses this information to communicate with you and carry out your requests, including providing you with promotional emails or postal mail about Fun and Function and third parties. 

Registered users may be given the opportunity to upload materials for display on parts of the Site accessible to all users.  When a registered user uploads such materials, such as a photograph or artwork, Fun and Function requests that the registered user also post information which may include the corresponding child’s first name, age, hometown, and home state on the Site.  Fun and Function may use such materials and information on the Site or in Fun and Function promotional materials. 
 

Personal information collected by Fun and Function may be used by Fun and Function for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of visitors’ activities on the Site, for product development, for content improvement, for fulfillment of or in connection with a requested transaction or recordkeeping, to contact a visitor, or to customize the content and layout of the Site.  In addition, Fun and Function may disclose information to its service providers who have agreed not to use or disclose the information for any other purpose and whose role is to provide support for the operations of the Site (e.g., to provide email newsletters).  Aggregate visitor information may be used for internal purposes and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to Fun and Function may be added to Fun and Function’s databases and used for future calls, mailings, and other communications regarding Site updates, new products and services, and upcoming events. Fun and Function also may use personal information to contact the Site visitors regarding account status, privacy statement, and any other policies or agreements relevant to Site visitors.  Fun and Function may share non-personal, aggregate visitor information with third parties, such as marketing firms, advertisers and other organizations, which provide marketing and/or support services to Fun and Function.   
 

Fun and Function will use its reasonable efforts to identify whether any third party that Fun and Function shares, rents, sells, or otherwise discloses personal information for marketing purposes may have products or services of interest to visitors to Fun and Function’s Site.  However, such parties are independent third parties over which Fun and Function exercises no control, and, therefore, Fun and Function is not responsible for their conduct, products, or services, and will not be liable therefor.  Fun and Function may disclose personal information when it believes in good faith that: (a) the law requires it or to protect the rights or property of Fun and Function, in its sole discretion; (b) to protect the security or integrity of the Site, including to enforce the terms of use of the Site; or (c) to protect the safety of a child.  Personal information may also be disclosed or distributed to another party with which Fun and Function enters or reasonably may enter into a corporate transaction, such as, for example, a merger, consolidation, acquisition, or asset purchase. 
 

3. Links to Other Sites 
 

The Site may also contain links to other sites.  If you access a third party site from a link on this Site, any information you disclose on that site is not subject to this Privacy Policy.  It is possible that these links may be used by third parties or others to collect personal or other information about Site visitors.  Fun and Function is not responsible for the privacy practices of such Web sites, such third parties, or the content of such sites.  Fun and Function does not control these third parties’ use of cookies, collection of information, or how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other Web sites and of these third parties.  
 

4. Security Measures 
 

Fun and Function has implemented security features to prevent the unauthorized release of or access to personal information.  Please be advised, however, that the confidentiality of any communication or material transmitted to or from Fun and Function via the Site or e-mail cannot be guaranteed.  Accordingly, Fun and Function is not responsible for the security of information transmitted via the Internet.  For more private communication, you can contact Fun and Function by phone at (800) 231-6329, or by mail at P.O. Box 11, Merion Station, Pennsylvania 19066. 
 

5. Access to Personal Information; How to Correct Inaccuracies  
 

Upon a visitor’s request via postal mail or e-mail, Fun and Function will provide to the visitor a summary of any personally identifiable information regarding the visitor, which information has been voluntarily provided to Fun and Function through an Input Field, registration form, online form, survey or other forms on or via the Site and which information is retained by Fun and Function.  Should you wish to modify, correct, change, or update any of the information you supply on or via the Site, you should contact us at support@funandfunction.com or at the postal address set forth in this Privacy Statement.  Specifically, in the event that you believe Fun and Function has inadvertently collected personal information from your child, you can review such personal information collected from your child on the Site, have such information deleted, and refuse to allow further collection or use of such information.  Parents can agree to the collection of personal information from their child and the use of such information without agreeing to the disclosure of such information to third parties.  Parents generally have a right to opt out of having personal information collected from their child disclosed to third parties.  In the event that you believe we have collected personal information from your child, to carry out such requests, please contact us at the email address provided above and a Fun and Function representative will guide you through the necessary procedures. 
 

6. Opt-Out 
 

Except as necessary for Fun and Function to provide the services or products requested by a visitor, the visitor may opt out of having their personally identifiable information, which has been voluntarily provided to Fun and Function through an online form, registration form, survey or other similar mechanisms on or via the Site, retained by Fun and Function, used by Fun and Function for secondary purposes, disclosed to third parties, or used by Fun and Function or third parties to send promotional correspondence to the visitor by contacting Fun and Function via postal mail  OR by sending an email to Info@bykidsonly.com.  (This does not apply to collection of the type of Web browser of the visitor to the Site or to information provided or collected that does not meet the above description.) 
 

7. Fun and Function’s Right to Change Privacy Statement 
 

Fun and Function reserves the right to change this Privacy Statement at any time.  Notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the Site for at least 15 days after the change.  It is the obligation of visitors visiting the Site before the change to learn of changes to the Privacy Statement since their last visit.  Any change to this Privacy Statement shall be effective as to any visitor who has visited the Site before the change was made.  Your continued use of this Site after any change is made to this Privacy Statement signifies your understanding of and intention and agreement to be bound by such change.