Last Revised: October 17, 2016
1. What kind of information does Herbalife collect?
Personal Information You Provide Us Directly
At different occasions, you may provide Herbalife directly with certain types of “Personal Information” (e.g., your first and last name, mailing address, city, state, zip code, telephone number, email address, credit card, and banking information). For example, you may provide us such information when using the Sites or when becoming an Herbalife Independent Distributor (“Herbalife Distributor” or “Distributor”) or an Herbalife Preferred Member (“Preferred Member”). If you do not provide us with the requested information, in some cases we will not be able to provide you the service you have requested.
If you disclose to us any Personal Information of another individual, you are required to have secured the consent of that individual for disclosing such information to us.
Information About Your Device and Your Use of the Sites
We may also gather certain information automatically, such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamps, and/or clickstream data to analyze trends in the aggregate, administer the Sites and improve the function and content of the Sites. We use standard internet technologies, such as cookies and web beacons, to collect this information, as explained below in the section on cookies.
We may also collect location information, such as your mobile device’s GPS signal or information about nearby WiFi access points and cell towers that may be transmitted to us when you use certain Sites. We will only collect this information with your affirmative express consent. You may opt out of the collection of this location information from your mobile device by adjusting the settings on your device.
Information from third party sources
2. How does Herbalife use my Information?
We use the information that is collected about you for a variety of purposes, including: providing you with the products, services and support you request; processing your transactions and shipping your orders; communicating with you about your account or transactions, changes to our policies and other administrative matters, or your questions and comments; to better understand your interests in order to provide you with promotional information, relevant content, surveys, questionnaires, and other materials, consistent with applicable law and choices and controls you may have; improving our products, services and operations; and ensuring compliance with our company policies and rules and the law, or as we believe is necessary to protect, enforce or defend the legal rights, privacy, safety or property of ourselves and others. We also use this information to validate sales made by Herbalife Distributors and for Herbalife’s compliance purposes. Herbalife or its authorized third parties may contact you directly for these purposes.
Information about Preferred Members may also be used to support, calculate and track your product discount and to provide you with information on special promotions. Information about Herbalife Distributors may also be used to support, calculate and track discounts, earnings and bonuses, to issue payment to you and report income to taxing authorities, to provide training, to maintain the proper functioning of the Sales & Marketing Plan, and to ensure compliance with applicable law and company policies, plans and agreements, including the Distributorship Application and Agreement.
3. With Whom does Herbalife Share my Information?
Affiliates and Partners
We may share your information with our affiliates (companies that control, are controlled by, or are under common control with, Herbalife) as well as select partners. These entities may use your information to make predictions about your interests and may provide you with special offers, promotions, advertisements, and other materials.
Vendors & Service Providers
We may share your information with vendors that perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, email administrative functions, processing credit card payments, and providing customer service.
Herbalife Independent Distributors
If you are an Herbalife Distributor or Preferred Member, we may share your information with other Herbalife Distributors, including as part of a Lineage Report which contains information on other Distributors and Preferred Members in an Herbalife Distributor’s downline. (The downline organization consists of all Distributors and Preferred Members that were personally sponsored by a particular Distributor, and in turn, all other persons sponsored by the subsequent Distributors.) To the extent the Lineage Report contains data from residents outside of the United States, including residents of the European Union, we have taken appropriate measures to protect the data in accordance with applicable law. Lineage Reports are provided to Distributors in strict confidence and for the sole purpose of supporting the Distributors in further developing their Herbalife businesses.
If you are a customer, we may share your information with Distributors to provide you with products and services you have requested. For example, if you use some of our Sites, such as GoHerbalife.com and our Weight Loss Challenge Site (herbalifewlc.com), your information may be shared with one or more Distributors, such as a Distributor who serves as a Coach for a Weight Loss Challenge. Similarly, if you participate in a Nutrition Club, we may share your information with any of the Distributors operating the Nutrition Club. Herbalife Distributors who receive your information are bound by the terms of their Distributorship Agreement and the privacy and data protection covenants contained therein. Some of these Distributors may be based in countries that do not offer the same or a similar level of privacy protection as is available in your own country. However, Herbalife will take reasonable measures to ensure that the information is kept in confidence.
Legal & Compliance Disclosures
We may also disclose your Personal Information:
- as required by law, such as to comply with a subpoena, legal proceedings, or similar legal process, including disclosure to authorized third party auditors; or
- when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate or prevent fraud, or respond to a government request, whether or not legally required.
We may share your Personal Information if Herbalife is involved in a merger, acquisition, or sale of or transfer of assets, or in the unlikely event of bankruptcy.
Other Parties in Aggregated Form
We may share your information with third parties in aggregated or de-identified form.
Other Parties with Your Consent
4. How will Herbalife Communicate with me?
If you are an Herbalife Distributor, a Preferred Member or a customer of an Herbalife Distributor, Herbalife may communicate with you via email, postal mail, telephone or other means on a regular basis to provide requested products and services and/or in regards to issues relating to your Herbalife business (if you are a Distributor).
Additionally, if you subscribe to our newsletter(s), you may receive periodic information on Herbalife’s business, products, services, special deals, and the Herbalife Family Foundation. Herbalife Distributors and Preferred Members may manage their electronic newsletter communications within the subscription center of their MyHerbalife account. In addition, anyone may stop receiving these kinds of communications by following the instructions provided in the communication.
5. Is my Personal Information Secure?
We take reasonable steps to ensure that the Personal Information we collect about you remains accurate, timely and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security.
6. How can I Access or Correct my Personal Information?
If you would like to change or verify Personal Information that you have submitted through our Sites, you may go online to one of the Sites and update your own information in some instances. Herbalife Distributors and Preferred Members may access and update certain Personal Information via their MyHerbalife account. If you are not able to update your information online, please contact us so that we may update your information. Our contact information is set forth below. We will use commercially reasonable efforts to accommodate all such requests. In instances where a customer purchases products offline, directly from an Herbalife Distributor, we may not have access to the customer’s Personal Information and you may need to contact your Distributor directly.
7. International Transfers.
The Sites are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of your use of the Sites may be collected in your country and subsequently transferred to another country in accordance with applicable law. Using the Sites demonstrates your consent to the processing of information as described in this Policy.
8. Children’s Information.
The Sites are general audience web sites that are not directed to children younger than 13. We do not knowingly collect, use or disseminate any Personal Information from children under the age of 13, unless permitted by law. If you believe we may have collected information from your child on the Sites, please contact us at firstname.lastname@example.org and we will make reasonable efforts to delete it from our records, when required by law.
9. Cookies and Tracking.
Web beacons and similar technologies are small bits of code, which are embedded in web pages, advertisements, and e-mail, that communicate with third parties. We use web beacons, for example, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
There are other local storage and internet technologies, such as Local Shared Objects (also referred to as “Flash cookies”) and HTML5 local storage that operate similarly to the cookies discussed above. Please note that these technologies are distinct from cookies, and you may not be able to control them using standard browser tools and settings. For information about managing Flash cookies, please click here
10. Do Not Track
Web browsers may allow you send “Do Not Track” requests. We do not currently take actions to respond to Do Not Track signals because there is no current industry standard concerning what, if anything, websites should do when they receive such signals. We continue to review new technologies and may adopt a standard if and when one is created.
11. Online Advertising.
We may display advertising on our website for our products and services. Cookies or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests. A number of companies engaging in online advertising participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Please visit the websites operated by the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and the Digital Advertising Alliance (http://www.aboutads.info/choices/) to learn more. Further information in local languages may be available at http://www.youronlinechoices.com/. If you are located in the European Union, more information is available here. Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements.
12. Online Forums.
The Sites may offer publicly-accessible community forums. You should be aware that any information you provide in these areas is public and may be read, collected, and used by others who access them. To request removal of your Personal Information from these forums, email us at email@example.com. In some cases, we may not be able to remove your Personal Information.
13. Third-Party Links.
14. Third-Party Functionality.
15. California Privacy Rights.
Residents of the State of California, under the California Civil Code, have the right to request from companies conducting business in California a list of all third parties, if any, to which the company has disclosed Personal Information during the preceding year for direct marketing purposes (e.g., requests made in 2016 will receive information about 2015 sharing activities). We comply with this law by offering California residents the ability to tell us not to share your Personal Information with third parties for their direct marketing purposes. To make such a request, please email us at firstname.lastname@example.org. You must include the name of this Site and “California Resident” as the subject line, and your full name, e-mail address, and postal address in your message. Please note that any request under this Paragraph will be limited to Herbalife’s use and disclosure of your Personal Information. You will need to make the same request of your Herbalife Independent Distributor if you would like to obtain information about any disclosure that he or she has made of your personal information.
16. Modifications to this Policy
17. What if I have Questions?
Herbalife takes privacy concerns seriously. If you have questions or comments or, you may contact us at: 800 West Olympic Blvd., Suite 406, Los Angeles, CA 90015 (Attn: Privacy Dept.), email@example.com, 866-866-4744.