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Member Privacy Policy

Last Updated June 2021

This Member Privacy Policy sets out the types of information that I, as an independent Herbalife Nutrition Member, 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, including GoHerbalife.com and HerbalifeGO, 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 Australasia Pty Ltd’s and its affiliate entities’ (collectively, “Herbalife Nutrition”) collection or use of information. Please note, Herbalife Nutrition is also a controller in certain respects and collects information about you on the website, 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 Nutrition Privacy Policy, available at https://www.herbalife.com.au/footer-pages/privacy-policy/.

What information might be collected by me through this website?

I may collect information directly from you, such as your name and address; for example, when you fill out a form to request information about Herbalife Nutrition 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, information collected directly from you includes your photo, team created (if applicable), and status (active/inactive), 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 generated through your use of the app. 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 website and applications, I collect personal information for a variety of reasons:
• 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 Nutrition, including obligations under the Herbalife Nutrition 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 Nutrition’s Independent Member Rules of Conduct and my, or Herbalife Nutrition’s, rights
- to organize a defence of any legal rights I may have
- to provide you with information and advertising about Herbalife Nutrition’s products, my services, and special offers
• On the basis of your consent:
- for the use of your personal information in connection with competitive challenges, to allow you to participate in related activities, and to generate statistics, reports and insights
- to collect health related information necessary to make Herbalife Nutrition® product recommendations, monitor progress and provide tailored advice
- for the use of your e-mail address or telephone number in connection with the marketing of Herbalife Nutrition® 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 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 may be used or disclosed or as required by law, whichever is longer. The precise duration depends on the purpose for which the information is being used.

With whom do I share your personal information?

Relevant personal information will be shared with:
• Herbalife Nutrition 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 Nutrition business, such as email delivery services, app and website developers and other technology providers
• Logistics service providers
• other Herbalife Nutrition Members under the Herbalife Nutrition 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 Nutrition will use the information I provide to them in accordance with its privacy policy.

What are your rights with respect to this personal information?

• If you are an Australian or New Zealand resident, you have the right to seek access to and correction of your personal information. You also have a right to make a privacy-related complaint.
• If you are a European resident, you have various rights with respect to your personal information. These include the right to access your 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 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 are a resident of the European Economic Area and 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 wish to exercise your rights outlined above or have complaints about my use of your personal information, please contact me using my contact information provided on this website and/or application.

How will you know if this policy is updated?

Privacy laws, guidelines and case law change continuously. Therefore, this Policy may be amended from time to time. I recommend that you visit my website periodically to be aware of the latest version of this Policy.

How can you contact me?

You may contact me using the contact information provided on my website and/or application.