Herbalife Australasia Pty Ltd (ABN 42 008 003 030) ("Herbalife Australasia", "we" or "us") recognises the importance of the personal information we hold about individuals and the trust they place in us.
We are committed to safeguarding your personal information in accordance with the requirements of the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (the Privacy Act).
What is Personal Information?
Personal Information is information or an opinion about an identified individual, or an individual who is reasonably identifiable:
- whether the information or opinion is true or not; and
- whether the information or opinion is recorded in a material form or not.
Kinds of Personal Information we collect and hold
The kind of Personal Information we may collect about you generally includes (but is not limited to):
- date of birth;
- residency status;
- telephone number;
- e-mail address;
- financial information;
- tax file number (if you are an employee);
- employment history;
- education history;
- photographs and/or video footage which contains your image;
- information contained in an identity document, such as a passport number and driver’s licence number;
- information necessary to make or receive payments to or from you or necessary to effect security transactions on your behalf; and
- any testimonials and feedback you may provide to us.
In certain circumstances, we may also collect Personal Information which is sensitive. This may include information about your:
- health; and
- membership of professional or trade associations.
How we collect Personal Information
We will collect Personal Information directly from you when you:
- order products;
- sign-up up or subscribe to receive Herbalife Australasia newsletters or other marketing offers such as competitions, surveys and promotions;
- apply to become an Herbalife Distributor or Member;
- update your Personal Information or another person’s Personal Information held by us;
- contact us or deal with us over the telephone or in person;
- send us a letter or email;
- visit the My Herbalife Australia website or any other webpage that we may own and manage, such as our official social media pages on Facebook and Twitter; or
- for the basis of your employment.
Unless the collection of sensitive information is required or permitted by or under law, we will obtain your consent prior to its collection.
Other issues regarding our collection of Personal Information
From time to time, you may be able to deal with us anonymously or by pseudonym. However, please be aware that, if we are not provided with certain Personal Information, we may not be able to provide some or all of our services.
In certain circumstances, we may be required or authorised to collect Personal Information under certain laws that apply to Herbalife Australasia including, to the extent applicable, the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Cth).
How we hold Personal Information
Your Personal Information may be held within our (or our service providers'):
- premises in paper records;
- computer systems including email, servers, hard drives and applications;
- data storage systems;
- in video recordings; and
- in certain circumstances, in sound recordings of your telephone discussions with Herbalife Australasia.
Security of Personal Information
Herbalife Australasia will take such steps as are reasonable in the circumstances to protect the Personal Information it holds from interference, misuse and loss and from unauthorised use, access, modification or disclosure. In line with our internal authorisation and access policies, employees only have access to information on a need to know basis.
Purposes for which we collect, hold, use and disclose Personal Information
Personal Information may be collected, held, used or disclosed for the purpose of undertaking Herbalife Australasia’s obligations and providing services and products or for any of the following purposes:
- fulfilling orders for products;
- managing distributorships and servicing you globally (including providing rewards and recognition);
- carrying out or facilitating the Distributor instructions or responding to the queries or requests;
- performing our administrative operations, including accounting, record keeping, archiving, systems development and testing and staff training;
- enhancing operational, technology, finance, compliance and other support function efficiencies;
- enforcing the obligations of Distributor including collection of outstanding amounts;
- managing our rights and obligations in relation to external payments systems;
- handling complaints and managing legal matters and litigation;
- conducting market or customer satisfaction research;
- (unless you ask us not to) informing you about other products and services we offer;
- (unless you ask us not to) inviting you to other events that may interest you or offering you the opportunity to participate in competitions or promotional activities;
- assessing and processing employment applications and conducting due diligence as part of pre-employment screening;
- when considered necessary by Herbalife Australasia to comply with any law, regulation, court order or requirement of a regulatory or self-regulatory body, tax authority or industry bodies; and
- any other purpose relating to or in connection with the business or dealings of Herbalife Australasia.
Disclosure of Personal Information
We may disclose your Personal Information to the following parties:
- employees, agents, third party logistics, subcontractors, insurers, consultants, repositories, clearing houses, affiliated or unaffiliated
- providers of outsourced or other services in connection with provision of services or products or otherwise in connection with the operation of Herbalife Australasia’s business. Examples include couriers, banks and payment processors;
- professional advisers of Herbalife Australasia (such as accountants, lawyers or tax advisors);
- governmental, regulatory, supervisory, law enforcement or similar authority (including tax authority) or industry body in any jurisdiction, as required or authorised by law;
- banks or similar facilities or institutions (and related third party service providers), whether pursuant to legislation, regulation, supervisory directive or otherwise;
- any court of competent jurisdiction in defence of claims or enforcement of rights;
- auditors of Herbalife Australasia;
- an assignee or a proposed assignee of any of Herbalife Australasia’s rights or obligations;
- debt collection agencies (in the event of default) (except for information of referees and third parties other than debtors and guarantors); and any person to the extent necessary, in our view, in order to carry out the instructions you give to us.
Personal information collected by any member of the Herbalife Australasia Group may be disclosed and shared between other members of the Herbalife Australasia Group (including those members that are located overseas as referred to below) and may (unless you tell us not to) be used for the respective marketing purposes of the members of the Herbalife Australasia Group.
We May Need to Disclose your Personal Information to Overseas Recipients
Herbalife Australasia is part of the Herbalife Australasia Group, a global organisation that operates in and provides services and products to Distributors through, and with the support from, its affiliates and subsidiaries located in multiple jurisdictions, including but not limited to Herbalife New Zealand Limited. As part of a global organisation, Herbalife Australasia may centralise (within one or more of its affiliated companies or unaffiliated service providers) certain activities relating to distributorships and relevant services and products.
In some cases, we may need to disclose your Personal Information to related companies, affiliates, agents or contractors located outside Australia. The countries in which these recipients may be located will vary from time to time, but may include Brazil, Canada, China, Hong Kong, India, Japan, Korea, Malaysia, Mexico, New Zealand, Singapore, United Kingdom, United States and other countries where Herbalife has a presence or uses contractors. For a list of locations in which the Herbalife Australasia Group has a presence visit our website:
Please note that countries outside Australian may not have the same or similar privacy laws as Australia.
- Herbalife Australasia will not be accountable under the Privacy Act for any breach of your privacy by the overseas recipient; and
- You will not be able to seek redress under the Privacy Act against Herbalife Australasia for any breach by an overseas recipient.
Herbalife Australasia's internet website
Our compliance with the Australian Privacy Principles also extends to when you transact business via our website. Our website terms and conditions and any privacy notices are posted on the website.
When you use a link from the Herbalife Australasia website to the websites of third parties, those websites are not subject to Herbalife Australasia's privacy standards and are outside our control. Those third parties are responsible for informing you of their own privacy policies. We are not responsible for the security or privacy of any information collected by third-party websites or other services.
For statistical purposes, we may collect information on website activity (such as the number of users who visit the web site, their country, the date and time of visits, the number of pages viewed, navigation patterns and the operating systems and browsers used to access the site). This information on its own does not identify an individual but it does provide us with statistics that we can use to analyse and improve our website.
When you use our website, we may send you a temporary cookie. A ‘cookie’ is a packet of information that allows the server to identify and interact more effectively with your computer that gives you a unique identification number. This identification number is sent each time you use our web site. Cookies do not identify individual users, although they do identify a user’s browser type and your Internet Service Provider. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. However, if you do not accept cookies, you may not be able to make full use of the Herbalife Australasia website. At the end of your interaction with our web site, the cookie no longer exists and it cannot be used for further identification or access to your computer.
Complaints and Contact Details
If you have any privacy concerns or questions or wish to make a complaint about the way your personal information is managed and used by us, or are concerned that Australian Privacy Principles or Privacy laws have been breached, please feel free to contact our Privacy Officer using the contact details below.
Herbalife takes seriously its compliance with privacy obligations. We will ensure that your complaint is registered with us, and may request that you provide the complaint to us in writing. The Privacy Officer will ensure that the complaint is referred to the right people within the organisation to investigate and respond to the complaint. We will make every effort to resolve your complaint internally within a reasonable time after the complaint is received. Any response or action will be notified to you as soon as practicable.
If we do not resolve your complaint to your satisfaction, you may contact the Privacy Commissioner by phone on 1300 363 992; in writing to GPO Box 5212 Sydney NSW 2001 or by email to firstname.lastname@example.org
The contact details of the Herbalife Australasia Privacy Officer are as follows:
Email address: email@example.com
Business address: The Privacy Officer
PO BOX 61, Marleston, South Australia, 5033
Telephone number: +61 2 5104 3355
Access and Corrections to your Personal Information
You are entitled to request access to or the correction of the Personal Information we may collect and/or hold about you.
We take such steps as are reasonable in the circumstances to ensure that your Personal Information is accurate, complete and up to date. This includes correcting Personal Information we identify as being incorrect or where you are able to demonstrate that the Personal Information we hold about you is incorrect.
If at any time, you wish to access your Personal Information or you find that the Personal Information we hold about you is inaccurate, incomplete, out-of-date, irrelevant or misleading, please advise your Herbalife Australasia contact or our Privacy Officer immediately using the contact details above.
Once we receive a request for access or correction, we will endeavour to respond to this request within a reasonable time after the request is received.
If you request access to or a correction of, the Personal Information we hold about you and we consider that we are not able to correct the Personal Information in the manner you have requested or an exception specified by law allows us to refuse the request, then we will inform you of the reason(s) for our refusal, unless it is unreasonable to provide these reasons..
We may use your personal details, including your address, to provide you with newsletters and information about products, services, promotional offers or other events that may be of interest to you.
If at any time you do not wish to receive such marketing information, you have the option to ask us not to send you any further marketing or promotional material. You may do so by writing to your Herbalife Australasia contact or our Privacy Officer using the contact details above and informing us that you wish to opt out.
Further, if at any time you would like to unsubscribe from receiving any future marketing emails from us, you may do so by clicking the "unsubscribe" link at the bottom of each email.
Need more information?
Herbalife Australasia Pty Ltd (ABN 42 008 003 030) ("we" or "us") recognises the importance of the personal information we hold about individuals and the trust you place in us.
Direct Marketing Communications
If you have provided Herbalife with consent, we will send you promotional and advertising communications from time to time. You may opt out of receiving promotional and advertising communications from us at any time by following the instructions in those communications or emailing us at firstname.lastname@example.org or contacting us at 800 West Olympic Blvd., Suite 406, Los Angeles, California 90015 (Attn: Privacy Dept.), email@example.com, +1 866-866-4744.
Unsolicited Personal Information
If we collect personal information about you that we did not solicit, we will, within a reasonable period after receiving the information, determine whether or not we could have lawfully obtained the information if solicited. If we determine that we could not have lawfully obtained the personal information, we will, as soon as practicable but only if it is lawful and reasonable to do so, destroy the information or ensure that the information is de-identified. If we could have lawfully obtained the information, then Australian Privacy Principles 5 to 13 or NZ Information Privacy Principles 5 to 13 will apply in relation to the information, as though we had collected the information pursuant to Australian Privacy Principle 3 or NZ Information Privacy Principle 1, as applicable.
Access and Correction
You are entitled to access your personal information held by Herbalife on request by contacting us using the contact details set out above.
You will not be charged for making a request to access your personal information but, where permitted, you may be charged for the reasonable time and expense incurred in compiling information in response to your request.
We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up-to-date. You can help us to do this by letting us know if you notice errors or discrepancies in information we hold about you and letting us know if your personal details change.
You must promptly update your personal information if it changes or is inaccurate. If you consider any personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, you are entitled to request correction of the information. After receiving a request from you, we will take reasonable steps to correct your information. If you are in New Zealand, we may impose a reasonable charge for responding to the correction request.
We may decline your request to access or correct your personal information in certain circumstances in accordance with the Australian Privacy Principles or NZ Information Privacy Principles. If we do refuse your request, we will provide you with written reasons for our decision. If we refuse your correction request, we will also include a statement with your personal information about the requested correction.
Making a Privacy Complaint
Your privacy is important to us. If you have any questions or concerns, we suggest you contact us using the contact details above.
If you have a complaint, our Privacy Department will first consider your complaint to determine whether there are simple or immediate steps which can be taken to resolve the complaint.
Your complaint will then be investigated. We may ask you to provide further information about your complaint and the outcome you are seeking. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.
In most cases, we will investigate and respond to a complaint within a reasonable time, usually within 30 days of receipt of the complaint. If the matter is more complex or our investigation may take longer, we will let you know.
If you are not satisfied with our response to your complaint:
· If you are in Australia, you may make a complaint to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by using the contact details on the OAIC’s website www.oaic.gov.au.
· If you are in New Zealand, you may make a complaint to the New Zealand Office of the Privacy Commissioner (OPC). The OPC can be contacted by using the contact details available at on the OPC’s website www.privacy.org.nz.
The OAIC and OPC’s websites also contain further information about your privacy rights.ANZ Addendum: Last Updated – October 2020