This Member Privacy Policy sets out the types of personal information that, as an independent Herbalife Member, I collect about my customers, prospective customers and visitors to my website(s) and application(s), and the purposes for which I use that information. Any changes to this Policy will be posted on this site. Please note that this policy only applies to my customer-facing websites and applications where this policy is posted and my activities related to your personal information. I am the data controller of this information and I may be reached using the contact information posted on the website and/or application.
This Policy does not apply to Herbalife International of America, Inc.’s and its affiliate entities’ (collectively, “Herbalife”) collection or use of personal information. Please note, Herbalife is also a controller in certain respects and collects information about you on the website and/or application, including information collected about your device and use of the website derived from cookies and other tracking technologies. This information is handled in accordance with the Herbalife Privacy Policy, which you can access via the Herbalife Privacy Policy link located at the bottom of this website.
What information might be collected by me?
Information collected directly from you includes your name, email address, phone number, mailing address, and billing information; for example, when you fill out a form to request information about Herbalife products or when you submit information to make a purchase on my website.
To the extent you participate in competitive challenges, such as weight loss challenges, body transformation challenges, or marathons, your participation is voluntary. When you participate in such competitive challenges, additional information collected directly from you includes your photo, team created (if applicable), status (active/inactive), and other team information, as well as the information that you enter about you and your team’s weight, height, BMI, body measurements, sleep, nutrition, weight loss results, weight loss statistics, reports and insights. Some of this personal information may reveal health information and, therefore, be sensitive data in some jurisdictions.
What is the lawful business purpose for collecting this information?
Through my websites and apps, I collect personal information for the following legitimate business purposes:
• To prepare and perform an agreement with you, including:
- to process your product orders
- to deliver or arrange delivery of your products
- to provide you with advice and follow-up services
- to handle product returns or warranty claims
- for payment purposes
• To meet my legal obligations, such as:
- for accounting and tax purposes;
- to conduct product call-back operations; and
- to respond to requests for information by competent public bodies and judicial authorities.
• For my legitimate business purposes, such as:
- to allow me to fulfil my obligations toward Herbalife, including obligations under the Herbalife sales and marketing plan
- to resolve any queries you may have
- to improve my services to you and to protect the integrity and security of my services
- to conduct quality checks
- to enforce Herbalife’s Independent Member Rules of Conduct and my, or Herbalife’s rights
- to organize a defence of any legal rights I may have
- to provide you with information and advertising about Herbalife’s products, my services, and special offers
• On the basis of your consent:
- for the use of your personal information, including sensitive data, in connection with competitive challenges, to allow you to participate in related activities, to provide you with products and services that are related to the challenges (including responding to your questions and providing other support services), and to generate statistics, reports and insights
- to understand and improve the challenges and the use of Herbalife® products and services
- for the use of your e-mail address or telephone number in connection with the marketing of Herbalife® products and services and related products and services
You can withdraw your consent at any time by letting me know directly using my contact information provided on my website and/or application, or, in the case of marketing communications, by following any opt-out instructions that I may provide in the communication.
How long will I retain this information?
I retain your information only for as long as required for the purposes for which it was collected or as required or permitted by applicable law. When you enter into a relationship with me, I will retain your information for the duration of our relationship, plus a reasonable period to comply with the applicable statute of limitation periods and records retention requirements under applicable law.
How is this information protected?
Administrative, technical and physical safeguards are implemented to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
With whom do I share your personal information?
Relevant personal information will be shared with:• Herbalife for the purposes of product order fulfilment, operating the business and its websites, quality checks, compliance with relevant laws, and the administration of its sales and marketing plan
• My professional advisors such as accountants and tax advisors
• Other vendors who help me manage my Herbalife business, such as email delivery services, app and website developers and other technology providers
• Logistics service providers
• Other Herbalife Members under the Herbalife sales and marketing plan
• Other parties as required by law, or to comply with a subpoena, legal proceedings, or similar legal or judicial process or arbitration, including disclosure to authorized third party auditors or governmental authorities, or to investigate or prevent fraud.
Herbalife will use the information I provide to them in accordance with its privacy policy. To learn more, please visit the Herbalife privacy policy link located on the bottom of on my website.
What are your rights with respect to this personal information?
• If you are located in the European Union or the United Kingdom, you may have various rights with respect to your personal information. Subject to applicable laws, you may have the right to access your personal data, correct it as necessary to ensure it is up-to-date, restrict certain kinds of processing, object to certain kinds of processing (such direct marketing), and the right to data portability (if you wish your information to be sent to another party). You also may have the right to have your personal information erased in certain cases (subject to applicable laws).• If you do not want to receive advertising by e-mail or SMS, you may opt-out of such communications.
• If you have concerns about my collection and use of your personal information that cannot be resolved to your satisfaction, you have the right to file a complaint with the competent Supervisory Authority in your jurisdiction.
If you have additional questions about this policy and my practices, or if you have complaints about my use of your personal information, please contact me as described below.
How will I transfer information?
I will not transfer your personal information outside of the European Union or the United Kingdom to a non-adequate jurisdiction except on an occasional and as-needed basis with your specific, informed and explicit consent, which you may withdraw at any time.
If I transfer your personal information to a country that has not been recognized by the European Commission to provide an adequate level of data protection, I will implement safeguards for the transfer, such as by entering into appropriate contractual terms with the recipients, as required by law. If you need more information about data transfers, contact me as described below.
How will you know if this policy is updated?
This policy may be amended from time to time. I recommend that you visit my website and/or application periodically to be aware of the latest version of this policy.
How can you contact me?
You may contact me by using the contact information provided on my website and/or application.