Last Revised: April 18, 2023
1. What information does Herbalife collect?
Information You Provide Us Directly
At different occasions, you may provide information directly to Herbalife, such as first and last name, mailing address, telephone number, email address, credit card information, banking information, biometric data, and biographical information (including, but not limited to, date of birth, education, professional details, and marital status). For example, you may provide us with information when using the Sites, responding to surveys or questionnaires, 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.
For Herbalife Distributors, Preferred Members, and Customers, we collect information about products you purchase online and information voluntarily uploaded by members on the Sites, such as their leads and marketing efforts. In addition, we collect information about Herbalife Distributor’s commissions, bonuses or discounts.
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, pixels, and similar technologies to collect this information, as explained below in the section on cookies. We may also use session replay/screen capture technology or similar technologies to collect on a real-time basis information on how you use and navigate the Sites. This may include mouse movements, how you scroll through the Sites, and certain keystroke information.
We may also collect precise information about your location, such as your mobile device’s GPS coordinates, cell tower information and/or Wi-Fi signals. Herbalife may use this information to personalize your experience in connection with your use of the Sites, Nutrition Clubs, or other Herbalife products and services. If you do not want Herbalife 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
2. How does Herbalife 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, product recommendations, surveys, questionnaires, and other materials; improving our products, services and operations; conducting data analytics, such as market and consumer research, trend analysis, and financial analysis; administering rewards programs; providing public recognition, awards, and/or celebrations for achievements and/or advancements made in the Herbalife Sales & Marketing Plan, including through, among other channels, social media, our Sites, or at Company functions and events; providing personalized services you request such as nutrition management and sports performance testing; and ensuring compliance with or enforcing our Company policies, member rules, the law, and our rights, including handling and investigating complaints and other inquiries, or as we believe is necessary to prevent against harm or 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’s compliance purposes. We may also use personal information to detect, investigate, prevent, or take action regarding possible fraudulent or illegal activity, including fraudulent transactions or unusual sign-in activities to your account. Herbalife or its authorized third parties may contact you directly for these purposes using various contact methods described in section 4, “How will Herbalife Communicate with me?”
Herbalife 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; conduct data analytics, such as predicting and assessing Distributors’ eligibility for discounts, earnings, commissions and bonuses; issue payments and report income to taxing authorities; provide training; and 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 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. 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 your information with vendors that perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, email administrative functions, conducting data analytics and helping us make our advertising more relevant (including through AI-based analysis), processing credit card payments, investigating fraudulent, illegal, or otherwise noncompliant activity, and providing customer service.
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 about Distributors and Preferred Members in an Herbalife Distributor’s downline or about Customers of a Distributor. (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.) The information about Distributors, Preferred Members and Customers that may be shared with other Distributors includes name; contact information; birthday; level or rank; Herbalife ID number; documented and non-documented volume and sales statistics; purchasing history and data; unredeemed reward information; marketing preferences; and information collected in connection with health and wellness surveys (such as gender, age range, height, weight, target weight, wellness priorities, and activity levels). To the extent required by applicable law, we will obtain your consent to share your health and wellness information with other 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, 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. If you are a Distributor, we may share your information with your upline Distributors so they can manage their organizations and provide you with personalized support and training. 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.
We may also share personal data with Distributors if it is necessary to investigate any complaints, alleged rules violations, or other similar types of inquiries. 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 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?
Herbalife 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 regard to issues relating to your Herbalife business (if you are a Distributor). In order to validate customer sales, Herbalife 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’s business, products, services, special deals, and the Herbalife Foundation through various communication means as described above. Herbalife Distributors and Preferred Members may manage certain communications within their MyHerbalife Communications Preferences 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 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 Exercise Any Applicable Rights, Such as Accessing or Correcting my 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).
If you are not able to update your information on our Sites, please contact us. We will use commercially reasonable efforts to accommodate requests to update your information.
- California Consumer Privacy Rights. If you are a California resident, for more information about your privacy rights, please see the Supplemental Privacy Notice for California Residents
- Colorado, Connecticut, Utah, and Virginia Consumer Privacy Rights. If you are a Colorado, Connecticut, Utah, or Virginia resident, you may have the right to: (1) request access to, correction or deletion of, your personal information; or (2) opt out of the processing of your personal information for purposes of targeted advertising or the sale of your personal information, or (3) appeal our decision with respect to a request you have submitted. If you are a Colorado or Connecticut resident, you may authorize an agent to submit an opt-out request on your behalf. If you designate an authorized agent to make a request on your behalf, you must (1) verify your identity directly with us and (2) provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. To submit a request to access, correct, or delete your personal information, or to appeal a decision, or for assistance with any of these rights, follow the instructions provided in this link https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235 or call 1-888-926-8905. This line is open Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time.
Our use of automated online tracking technologies on our Sites, such as cookies or pixels, may be considered a “sale” or “sharing” of personal data under applicable law, or constitute targeted advertising. Visitors to our US websites can out of the processing of their personal information for purposes of targeted advertising, or the sale or sharing of personal information, by follow the instructions provided in the below Do Not Sell or Share My Personal Data/Opt-Out of Targeted Advertising link.
In addition, California and Colorado residents may use an opt-out preference signal, such as the Global Privacy Control (“GPC”), to opt-out of the sale or sharing of your personal data. If you choose to use a browser that supports the GPC signal, you will need to enable it for each supported browser that you use on your device. If enabled and broadcasting a signal to not sell or share your data, the GPC will be applied to your browser. If you are logged into your Herbalife account (such as MyHerbalife.com) while a GPC is enabled on your browser, it will be applied to your account while logged into the site and using that same browser. We otherwise do not associate your devices or browsers with any user account. If you clear your cookies or use a private browsing mode, such as “incognito mode,” and later visit our sites, you will need to have your GPC enabled for the GPC to be applied again to your browser.
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 websites 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 personal information from your child on the Sites, please contact us at Privacy@Herbalife.com 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 emails, that communicate with third parties. We use web beacons, for example, to count the number of users who have visited a particular webpage, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in emails 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”), HTML5 local storage and embed scripts, which can 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 www.adobe.com/privacy.html. To learn more about Adobe analytics and to opt out, click www.adobe.com/privacy.html.
We may use Bluetooth beacon technology to improve the Nutrition Club experience. Mobile devices that have enabled Bluetooth can receive a signal when in range of a beacon. The signals will not be received unless the user has turned on Bluetooth, installed an Herbalife mobile application and enabled push notifications. The beacon functionality may allow for notifications, customer check-ins, and payments. You can disable the beacon functionality in the app’s settings.
10. Do Not Track.
Web browsers may allow you to 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 and partner with third parties to manage advertising on other websites for our products and services. We may also partner with third parties, including business partners, advertising networks, and other advertising service providers, who gather information about you on our Sites and other sites to provide you with advertisements on the Sites and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies, pixels, or other similar technologies may be used to provide you with advertising based upon your browsing activities and interests, and in some cases, the information in these cookies and in other technologies may be linked to your email address, which we may share with our service providers. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by this Policy.
Some third parties collect information about users of our Sites to provide interest-based advertising on our Sites and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Sites to make predictions about your interests in order to provide you ads (from us and other companies) across the internet. Some of these third parties may participate in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps. Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device. For more information, please check your mobile settings. You also may uninstall our apps using the standard uninstall process available on your mobile device or app marketplace.
To opt out of interest-based advertising across browsers and devices from companies that participate in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (//www.networkadvertising.org/choices/) and the Digital Advertising Alliance (//www.aboutads.info/choices/). You may also be able to opt out of interest-based advertising through the settings within the mobile app or your mobile device, but your opt-out choice may apply only to the browser or device you are using when you opt out, so you should opt out on each of your browsers and devices if you want to disable all cross-device linking for interest-based advertising. Further information in local languages may be available at www.youronlinechoices.com/. If you are located in the European Union, more information is available at http://www.youronlinechoices.eu/. Please note that even if you use an industry-based opt-out for interest-based advertising, you will continue to receive generic advertisements and your experience on our Sites may be degraded.
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 Privacy@Herbalife.com. In some cases, we may not be able to remove your personal information.
13. Third-Party Links.
14. Third-Party Functionality.
If you access third-party services, such as Facebook, Google, or Twitter, through the Sites, to log in to the Sites or to share information about your experience on the Sites with others, these third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.
15. Modifications to this Policy.
16. What if I have questions?
Herbalife takes privacy concerns seriously. If you have questions or comments, you may contact us at: 800 West Olympic Blvd., Suite 406, Los Angeles, California 90015 (Attn: Privacy Dept.), Privacy@Herbalife.com, 866-866-4744.