Herbalife of Canada Ltd.’s privacy program, described in this privacy statement, complies with the Asia Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules system (CBPRs). CBPRs provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. More information about the APEC Privacy Framework and CBPRs can be found here. To view our certification, please see the APEC CBPR System Directory. For more information on the scope of our participation, or to submit a privacy inquiry through BBB National Programs, our Accountability Agent, please click on the official seal below:
Last Revised: June 1, 2020
1. What information does Herbalife Nutrition collect?
Herbalife Nutrition limits the collection of personal information to what is relevant to the purposes of collection whether directly or through third parties acting our behalf, and we always collect personal information using lawful and fair means, consistent with the jurisdiction governing the collection of personal information.
Information You Provide Us Directly
At different occasions, you may provide information directly to Herbalife Nutrition, such as your first and last name, mailing address, telephone number, email address, credit card information, banking information, and biographical information (including, but not limited to, date of birth, and marital status). For example, you may provide us with information when using the Sites or when becoming an Herbalife 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 information of another individual, you are required to have secured the appropriate consent of that individual for disclosing such information to us.
Information About Your Device and Your Use of the Sites
We may gather certain information automatically, such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamps, your Site activity (including the Site content you view, mouse movements, mouse clicks, taps, swipes, and information you view), and/or clickstream data for purposes such as analyzing trends, administering the Sites, improving the function and content of the Sites, and enforcing our Terms. We use standard Internet technologies, such as cookies, web beacons, session replay/screen capture, and similar technologies to collect this information, as explained below in the section on cookies.
We may also collect precise information about your location, such as your mobile device’s GPS coordinates, cell tower information and/or WiFi signals. Herbalife Nutrition may use this information to personalize your experience in connection with your use of the Sites, Nutrition Clubs, or other Herbalife Nutrition products and services. If you do not want Herbalife Nutrition to collect and use your specific geolocation information, you can disable the location features on your device. Check your device manufacturer settings for how to do so.
Information from Third Party Sources
We may also receive the following types of personal information about you from our Distributors, depending on what you choose to provide to them: name, contact information, payment information, and wellness information (including but not limited to height, weight, BMI).
2. How does Herbalife Nutrition use my Information?
We use the information we collect 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; 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, to help Herbalife Distributors search for, communicate with and validate customers in our systems, and for Herbalife Nutrition’s compliance purposes. Herbalife Nutrition or its authorized third parties may contact you directly for these purposes using various contact methods described below.
Herbalife Nutrition may also use this information to support the operation of the Preferred Memberships and Distributorships, and to maintain proper functioning of the Herbalife Sales & Marketing Plan. For example, information about Preferred Members may be used to support, calculate and track your product discount and to provide you with information on special promotions. Information about Herbalife Distributors may be used to support, calculate and track discounts, earnings and bonuses, to issue payments to and report income to taxing authorities, to provide training, and to ensure compliance with applicable law and company policies, plans and agreements, including the Distributorship Application and Agreement.
We may retain your information for as long as needed to: provide you services; fulfill other legitimate business needs, such as maintaining the proper function of the Sales & Marketing Plan; fulfill our compliance and legal obligations; and resolve disputes and enforce our agreements, including the Distributorship Agreements.
3. With Whom does Herbalife Nutrition Share my Information?
Affiliates and Partners
We may share any of the personal information described above in Section 1 with our affiliates (companies that control, are controlled by, or are under common control with, Herbalife Nutrition) as well as select partners. Examples of how these entities may use your information include making predictions about your interests and providing you with special offers, promotions, advertisements, and other materials.
Vendors & Service Providers
We may share any of the personal information described above in Section 1 with vendors and service providers that perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, email administrative functions, processing credit card payments, providing customer service, and for market research. Vendors and service providers must handle your personal information in accordance with Herbalife Nutrition’s instructions and are prohibited from using or disclosing your personal information for any other purpose.
Herbalife Independent Distributors
If you are an Herbalife Distributor, Preferred Member, or Customer, we may share your information with other Herbalife Distributors, including without limitation as part of a Lineage Report which contains information (such as name, contact information, level or rank, and volume and sales statistics) 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 persons outside of the United States, 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 Nutrition businesses, including for use in marketing tools and platforms.
We may share your information with Distributors to offer and provide you with products and services, and these Distributors may further share your information as described in their privacy policies. 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 servicing those sites. Similarly, if you participate in a Nutrition Club, we may share your information with any of the Distributors operating the Nutrition Club. We may also share your information with Distributors so that they can provide you with a more personalized experience, such as recommending products and services that are most relevant to you. 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.
If you operate a Nutrition Club, we may share the location of that Club with Preferred Members, Customers, and other Herbalife Distributors.
Legal & Compliance Disclosures
We may also disclose your 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.
We may share your information if Herbalife Nutrition is involved in a merger, acquisition, or sale of or transfer of assets, or in the unlikely event of bankruptcy.
Other Parties with Your Consent
4. How will Herbalife Nutrition Communicate with me?
Herbalife Nutrition may communicate with you via email, postal mail, telephone, text message, 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). In order to validate customer sales, Herbalife Nutrition may communicate with you via email, postal mail, telephone, text message, or other means on a regular basis (if you are a Customer).
Additionally, you may receive periodic information on Herbalife Nutrition’s business, products, services, special deals, and the Herbalife Family Foundation through various communication means as described above. Herbalife Distributors and Preferred Members may manage certain communications within their MyHerbalife subscription center. In addition, you may manage these kinds of communications by following the instructions provided in the communication or by contacting us at 866-866-4744.
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 Information?
Herbalife Nutrition respects your control over your information. In some instances, you may visit one or more of our Sites to verify and update certain information (for example, certain Distributor and Preferred Member account information on MyHerbalife). Upon request, we will confirm whether we hold or are processing information that we have collected from you. You have the right to amend or update inaccurate or incomplete personal information, request deletion of your personal information, or request that we no longer use it. Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event we will respond to your request within a reasonable timeframe and provide you an explanation. Our typical response time for requests is 30 days. In order to make personal information requests, please contact us online or offline, using the information provided below.
7. International Transfers.
How Does Herbalife Use My Information?
We will not use your information for marketing purposes, or provide your information to third parties for their own marketing purposes, without your consent. You can opt-out from receiving such communications at any time by following the instructions provided in our communications (for example, by clicking “unsubscribe” in our email communications or replying “STOP” to a text message) or by contacting us as set out below.
With your consent, Herbalife may collect your GPS location by accessing your device’s GPS coordinates to personalize your experience in connection with your use of the Sites, Nutrition Clubs, or other Herbalife Nutrition products and services. If you do not want Herbalife Nutrition to collect and use your specific geolocation information, you can disable location features through your device’s mobile settings.
With Whom Does Herbalife Share My Information?
We, our affiliates and our service providers may store and process your information in the United States or other jurisdictions and may disclose your information (i) if we are required or permitted to do so by applicable law or legal process, and (ii) to Canadian, U.S. or other foreign law enforcement authorities, courts and other government officials based on lawful disclosure requests.
To opt-out of receiving interest-based advertising from third-party advertising companies participating in the Digital Advertising Alliance of Canada, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices
To access, update or correct inaccuracies in your personal information or if you have a question or complaint about the manner in which we or our service providers treat your personal information, please contact our Senior Director, Worldwide Privacy, at 800 West Olympic Blvd., Suite 406, Los Angeles, California 90015 (Attn: Privacy Dept.), email@example.com, +1 866-866-4744.
Canada Addendum: Last Updated – [May 2021]