Herbalife International of America, Inc. or covered subsidiary name, as applicable]’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:

Herbalife Privacy Policy

Last Revised: January 1, 2020

This Privacy Policy (“Policy”) applies to Herbalife International of America Inc. and its U.S. affiliate entities (“Herbalife”). It applies to all information collected by Herbalife through its online properties and mobile applications (the “Sites”) where this Privacy Policy is posted. It also applies to information that Herbalife collects through offline methods. Unless otherwise indicated, this Policy does not apply to an Herbalife Independent Distributor’s (“Distributor” or “Herbalife Distributor”) collection or use of information obtained by the Distributor directly from you or from sources other than Herbalife, unless it then is shared with and retained by Herbalife.

The purpose of this Privacy Policy is to inform you of the kinds of information we may collect, how such information may be used, with whom such information may be shared, your choices regarding the collection, use and sharing of such information, your ability to access and correct such information and the security procedures we use to protect this information.

1. What information does Herbalife collect?

Information You Provide Us Directly

At different occasions, you may provide information directly to Herbalife, 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, 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 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

We may receive additional information about you from public and commercially available sources and other third parties. Distributors may also share information about you with Herbalife. 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, we may collect information from these third-party services. We may combine all of the information we collect and receive about you, both online and offline, and use or disclose it in the manner described in this Privacy Policy.

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, 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’s compliance purposes. 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, 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 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, processing credit card payments, 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 (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 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. 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.

Business Transitions

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

In addition to the sharing described in this Privacy Policy, we may also share information about you with third parties for any other purpose disclosed to you at the time we collect the information or pursuant to your consent or direction.

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 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’s business, products, services, special deals, and the Herbalife Nutrition 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?

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.

Submit your request here: https://privacyportal.onetrust.com/webform/46601746-6006-4c21-88ec-15dfa5b7dcdc/349bb89d-7008-46f7-b765-717966e11235

Supplemental Privacy Notice for California Residents

Effective Data: January 1, 2020

Last Revised: January 1, 2020

This Supplemental Privacy Notice supplements the information in our Privacy Policy above and applies solely to California residents. We adopt this Supplemental Notice to comply with the California Consumer Privacy Act of 2018 (CCPA).

Summary of Information We Collect

California law requires us to disclose information regarding the categories of personal information that we have collected about California consumers, the categories of sources from which the information was collected, the business or commercial purposes (as those terms are defined by applicable law) for which the information was collected, and the categories of parties with whom we share personal information.

We or our service providers may collect the below categories of information for the following business or commercial purposes (as those terms are defined in applicable law):

• Our or our service provider’s operational purposes
• Auditing consumer interactions on our site (e.g., measuring ad impressions)
• Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity
• Bug detection and error reporting
• Customizing content that we or our service providers display on the Services (e.g., contextual ads)
• Providing the Services (e.g., account servicing and maintenance, order processing and fulfillment, customer service, advertising and marketing, analytics, and communication about the Services)
• Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features or maintaining the quality and safety of products)
• Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners
• Other uses about which we notify you.

Examples of these types of uses are identified below. We may also use the below categories of personal information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device.

Personal information does not include:

• Publicly available information from government records
• De-identified or aggregated consumer information
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994

Rights

If you are a California resident, you may have certain rights. California law may permit you to request that we:

• Provide you the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we share personal information
• Provide access to and/or a copy of certain information we hold about you
• Delete certain information we have about you

You may have the right to receive information about the financial incentives that we offer to you. You also have the right to not be discriminated against (as provided for in applicable law) for certain exercising of your rights. Certain information may be exempt from such requests under applicable law. We need certain types of information so that we can provide the services to you. If you ask us to delete it, you may no longer be able to access or use the Site.

Some of our Sites allow you to review and update your personal information or cancel certain provisions of your Herbalife Nutrition Distributorship. If you are a California resident and you want to exercise any of the rights listed in this provision or for assistance with any of these rights, please make your request at privacy@herbalife.com 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.

If you are asserting your right to access a copy of certain information or your right to delete certain information, you will be asked to verify your identity before we fulfill your request. This verification process may require you to provide your Distributorship ID, or other pieces of personal information that we already hold on you, or, in certain circumstances, a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

The California Consumer Privacy Act (CCPA) sets forth certain obligations for businesses that “sell” personal information. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past 12 months.

Shine the Light

Residents of the State of California also have the right to request from companies conducting business in California a list of all third parties, if any, to which the company has disclosed personal information during the preceding year for direct marketing purposes (e.g., requests made in 2016 will receive information about 2015 sharing activities). We comply with this law by offering California residents the ability to tell us not to share your personal information with third parties for their direct marketing purposes. To make such a request, please email us at privacy@herbalife.com. You must include the name of this Site and “California Resident” as the subject line, and your full name, email address, and postal address in your message. Please note that any request under this paragraph will be limited to Herbalife's use and disclosure of your personal information. You will need to make the same request of your Herbalife Independent Distributor if you would like to obtain information about any disclosure that he or she has made of your personal information.

Changes to Our Privacy Notice

We reserve the right to amend this Supplemental Notice at our discretion and at any time. When we make changes, we will post the updated Supplemental Notice on the website and update the effective date. Your continued use of our website following the posting of changes to this Supplemental Notice constitutes your acceptance of such changes.

Supplemental Privacy Notice for Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by privacy@herbalife.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.