Welcome to www.FuntasticPass.com. The website (the "site") is comprised of various web pages operated by Funtastic Pass ("Funtastic Pass"). The site and the actual Funtastic Pass (the "pass") is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "terms"). Your use of this (www.funtasticpass.com) constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference.
We want our "members" to always be happy and have FUN.
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.
Service is the discount coupon websites operated by Funtastic Pass and our third party vendor Access Development
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
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 are small pieces of data stored on your device (computer or mobile device).
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.
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)
Data Subject is any living 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 personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
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 or by contacting us.
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. 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.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.
You can enable or disable location services when you use our Service at any time, through your device settings.
Tracking Cookies Data
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.
USE OF DATA
Access Development 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 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
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
Access Development 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's not overridden by your rights
- For payment processing purposes
- To comply with the law
RETENTION OF DATA
Access Development 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.
DISCLOSURE OF DATA
DISCLOSURE FOR LAW ENFORCEMENT
Under certain circumstances, Access Development 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).
Access Development 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 Access Development
- 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 do not 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.
YOUR DATA PROTECTION RIGHTS UNDER GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Access Development aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, 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 directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
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 Access Development 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).
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.
We may use third-party Service Providers to monitor and analyze the use of our Service.
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.
Heap Analytics is an analytics service offered by Heap that tracks and reports website traffic. Heap uses the data collected to track and monitor the use of our Service. For more information on the privacy practices of Heap, please visit the Heap Privacy web page:
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).
The payment processors we work with are:
Parry Center Software
LINKS TO OTHER SITES
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. We do assign a pass to a child. 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.
Our web site is E-commerce site. Funtastic Pass is a membership "pass" that provides pass holders 12 months of access to the best attractions and activities in each city where it's offered. Funtastic Pass is valid 12 months from the date of purchase.
Visiting www.FuntasticPass.com or sending emails to Funtastic Pass constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the sites, satisfy any legal requirement that such communications be in writing. If you are under 18, you may use www.FuntasticPass.com only with permission of a parent or guardian; you must be 18 to purchase a "pass".
If for whatever reason, you don’t end up liking the pass, we will do a full refund within 5 days minus an administrative fee of $15 per pass. No refunds will be provided after that time. Just contact us HERE or see below to talk to one of our Fun Pass Professionals.
- Name (provided during initial registration)
- Email address (provided during initial registration)
- Your contact phone number
You will receive a confirmation email once your request has been processed.
www.FuntasticPass.com contains links to other websites ("linked sites"). The linked sites are not under the control of Funtastic Pass and Funtastic Pass is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. Funtastic Pass is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Funtastic Pass of the site or any association with its operators.
Certain services made available via www.FuntasticPass.com is delivered by third party sites and organizations. By using any product, service or functionality originating from the www.FuntasticPass.com domain, you hereby acknowledge and consent that Funtastic Pass may share such information and data with any third party with whom www.FuntasticPass.com Pass has a contractual relationship to provide the requested product, service or functionality on behalf of www.FuntasticPass.com users and customers.
You will be able to connect your Funtastic Pass account to third party accounts. By connecting your Funtastic Pass account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
www.FuntasticPass.com is controlled, operated and administered by Funtastic Pass from our offices within the United States. If you access the sites from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Funtastic Pass Content accessed through www.FuntasticPass.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Funtastic Pass, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the sites or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Funtastic Pass reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Funtastic Pass in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
IF YOU DO NOT AGREE WITH THIS DISCLAIMER, DO NOT USE FUNTASTIC PASS. YOUR USE OF FUNTASTIC PASS CONSTITUTES YOUR ACCEPTANCE OF THIS DISCLAIMER. Purchaser recognizes there are risks and dangers inherent in using Funtastic Pass, and purchaser agrees that he/she is visiting the venues affiliated with Funtastic Pass entirely at his/her own risk and that Funtastic Pass will not be responsible for damage or injury to any purchaser sustained as a result of using Funtastic Pass or as a result of visiting the venues affiliated with Funtastic Pass. Purchaser knowingly and voluntarily assumes all risks of injury or illness, or other damage, including death. Purchaser agrees to release and hold harmless Funtastic Pass, its officers, agents, affiliates, employees, assigns, owners, representatives, volunteers, sponsors, and officials from any and all liability-present and future, known or unknown-associated with such purchaser's use of Funtastic Pass or as a result of visiting the venues affiliated with Funtastic Pass. Purchaser further agrees that this disclaimer shall bind the members of purchaser's family and spouse, if purchaser is alive, and purchaser's heirs, assigns, and personal representatives if purchaser is deceased. Purchaser executes this disclaimer voluntarily and with full knowledge of its significance, and with the intent of binding themselves, their spouses and children, if any, and their heirs, legal representatives, and assigns. Purchaser expressly agrees that this disclaimer is intended to be as broad and inclusive as permitted by law. Purchaser has carefully read this disclaimer and fully understands its contents. Purchaser is aware that this is a RELEASE OF LIABILITY and a contract between him/her and Funtastic Pass.
Funtastic Pass reserves the right, in its sole discretion, to terminate your access to the sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or relating to the use of the sites. Use of the sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Funtastic Pass as a result of this agreement or use of the sites. Funtastic Pass's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Funtastic Pass's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Funtastic Pass with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Funtastic Pass with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Funtastic Pass with respect to the sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Funtastic Pass reserves the right, in its sole discretion, to change the Terms under which www.FuntasticPass.com is offered. The most current version of the terms will supersede all previous versions. Funtastic Pass encourages you to periodically review the terms to stay informed of our updates.
Funtastic Pass welcomes your questions or comments regarding the terms:
Funtastic Pass 6909 W Ray Rd, Suite 15-107, Chandler, AZ 85226. Email Address: [email protected] Effective as of October 9, 2015