Members may collect only the following Personal Information from each participant to operate the Challenge: name, address, telephone number, and e-mail address. Members may also collect information about participants such as initial weight, weekly weigh-in weights, and waist measurements as permitted, and in accordance with applicable law. Members are responsible for implementing any legally required consent in order to collect this additional information from participants. In many countries this information is sensitive information, which requires additional scrutiny when collecting and handling.
All Personal Information collected for the purposes of operating a Challenge must be kept confidential, stored securely, and not shared with any third party except for another Member assisting with the Challenge for the participant’s benefit. Members may not use the information for purposes other than the Challenge unless the participant has explicitly authorized them to do so and Members must destroy all information in a secure manner one (1) year after the Challenge is complete unless the participant authorized an alternative use that continued after the Challenge was completed.
Because of the unique nature of multi-level marketing, Members may receive Personal Information about others directly from Herbalife Nutrition, such as information regarding other Members in a Member’s downline, or customers or referrals who express interest in Herbalife Nutrition products or services. The downline organization consists of all Members that were personally sponsored by a particular Member, and in turn, all other persons sponsored by the subsequent Members. Once Herbalife Nutrition provides Personal Information to a Member, he or she is responsible for it and must keep it strictly confidential. Members may use this Personal Information as a data controller to develop their Herbalife Nutrition business relationship with their downline, customers or referrals. Members may only use this Personal Information for other purposes if they have informed the individual and have secured a proper legal basis for this additional use. Examples of proper legal basis for use are:
- consent from the person,
- your compliance with a legal obligation,
- your execution of a contract with the person (such as an agreement to sell them products), or
- your legitimate business interest, provided this interest is not outweighed by the privacy interest of the person
One way that Herbalife Nutrition shares information with Members is through Lineage Reports. These reports contain information regarding other Members within a Member’s downline, such as their name and contact information, their Herbalife Nutrition Identification Number, and business metrics such as their level or rank, volume and sales statistics. Lineage Reports are provided to Members in the strictest confidence and for the sole purpose of supporting the Members in further developing their Herbalife Nutrition businesses. Lineage Reports, including all Personal Information and other data contained therein, constitute confidential, proprietary trade secrets of Herbalife Nutrition. Members may not collect, distribute or gather confidential information or personal or aggregate information about other Herbalife Nutrition Members or their customers, except in connection with their downlines and solely for the purposes of promoting their Herbalife Nutrition businesses, and to manage, motivate and train their downlines.
Members may also collect Personal Information from individuals directly or my other means, such as when they collect contact and payment information from customers to process product orders.
Members act as a data controller and must abide by applicable privacy and data protection laws, including international data transfer restrictions67, with respect to all Personal Information obtained by Member (from Herbalife Nutrition or otherwise) in connection with the Member’s Herbalife Nutrition business. In addition, it is the Member’s responsibility to maintain the security of all Personal Information that he or she receives.
Income applicable to the individuals (or examples) depicted and not average. For average financial performance data, see the Statement of Average Gross Compensation Paid by Herbalife Nutrition at www.herbalife.co.uk and www.myherbalife.com/en-GB.