PRIVACY POLICY: HERBALIFE INTERNATIONAL SOUTH AFRICA LIMITED

  1. DEFINITIONS
    In this Privacy Policy:
  • 1.1 “Competition” means the Herbalife Breakfast Pre-Campaign Competition being conducted during the period 31 July 2017 to 14 August 2017, or such extended period as may be determined by Herbalife;
  • 1.2 “Entrant” means those eligible entrants entering into the Competition, and the terms “you” and “your” will be used interchangeably with this term;
  • 1.3 “Herbalife” means Herbalife International South Africa Limited, an external company duly registered in accordance with the laws of South Africa, with registration number 1995/008160/10, and the terms “we“, “us” and “our“, will be used interchangeably with this term;
  • 1.4 “Personal Information” means the term as defined in section 1 of the POPI Act, which, for purposes of the Competition, includes your name, surname, telephone number, physical address and e-mail address, as well as any other information that may be reasonably required for purposes of the Competition and/or operating and/or administering the Website;
  • 1.5 “POPI Act” means the Protection of Personal Information Act 4 of 2013; and
  • 1.6 “Website” means www.myherbalifebreakfast.co.za.
  1. Herbalife respects and takes your privacy seriously, so we will use and process the Personal Information that we collect from you in accordance with this Privacy Policy. Please note that this Privacy Policy is only applicable to the Website, and not to any other websites that you may be able to access from the content, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.  To learn more about the privacy policy controlling the content of other websites, visit those website for more information.
  2. Should you decide to access the Website, in order to exploit the functionality of the Website and to enter into the Competition, we may require you to provide us with your Personal Information. Should your Personal Information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your Personal Information.
  3. Circumstances when we collect and store your Personal Information
    • 4.1 When you use the Website, Herbalife may collect and store your Personal Information either by directly requesting it from you or by automatically recording your usage patterns of the Website.
    • 4.2 Personal Information is stored in a secure environment protected by a combination of physical and mechanical measures. For the avoidance of doubt, the Personal Information is not accessible to the general public.
  4. Reasons why we collect and use your Personal Information
    • 5.1 In addition for using your Personal Information for purposes of your entry into the Competition, we use your Personal Information in order to operate and improve the function and content of the Website, and, where relevant, our other applications, sites, services and tools.
    • 5.2 Certain areas of the Website may also ask you to provide information to participate in certain features or to access certain content. The Website practices governing your Personal Information are disclosed within the Privacy Policy.  The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website.
  5. The Personal Information that Herbalife collects may be stored locally on your computer/mobile device and may be transmitted to our third party’s server, which may, from time to time, be located outside of South Africa. The transmission of information over wireless and wired networks is not inherently secure.  Therefore, Herbalife will, acting reasonably, implement all necessary and adequate measures to help protect your Personal Information against unauthorised access and disclosure.  However, Herbalife does not guarantee the absolute safety thereof.
  6. The Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the Website and its content.  The type of information collected by cookies is not used to personally identify you.  If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature.  Please note that cookies may be necessary to provide you with certain features available on the Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.  If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this Privacy Policy.
  7. By accepting of these terms and conditions and accessing the Website, you expressly:
    • 8.1 agree that you will, to the extent permissible by law, not hold Herbalife liable for any damages of any kind, whether based in delict, contract, strict liability or otherwise, for any information, advice, guidance and/or support, provided on the Website;
    • 8.2 agree to receive future communications, including direct marketing communications, from Herbalife and/or any of each of its affiliates (“Parties“) either directly or through their duly authorised agents such as marketing agencies from time to time, including marketing and advertising material and information on promotions and offers either relating to the products and/or services of the Parties;
    • 8.3 consent to the collection, collation, processing, further processing and disclosure of your Personal Information by the Parties for the purposes more fully set out below, and their appointed designees from time to time, which may include collection agencies, parties involved in the technical administration and maintenance of any database which will house your information, information technology companies and marketing companies;
    • 8.4 acknowledge that:
      • 8.4.1 in relation to the collection, collation, processing, further processing and disclosure of Personal Information by Herbalife, the nominated address of Herbalife, being Building 32 (Ground Floor), The Woodlands, Woodlands Drive, Woodmead, Sandton, 2191, South Africa;
      • 8.4.2 in relation to the collection, collation, processing, further processing and disclosure of Personal Information by any other “responsible party” (as defined in the POPI Act), such responsible party will be responsible for making their nominated address available to you;
      • 8.4.3 your Personal Information is required by Herbalife for purposes of:
        • 8.4.3.1 enabling you to make use of the Website for purposes of, amongst others, entering into the Competition; and
        • 8.4.3.2 improving the Website, including its functionality;
      • 8.4.5 agree that the Parties may transfer and store your Personal Information to a third country that does not have the same level of protection in respect of the processing of personal information, as is provided for in South Africa;
      • 8.4.6 agree that your consent is given freely and voluntarily and you are under no obligation to provide this consent;
      • 8.4.7 agree that your consent will, in the absence of any written objection received from you, be indefinite and/or for the period otherwise required in terms of any applicable law;
      • 8.4.8 understand that you may at any time request a record of, or object to the processing of, your Personal Information held by the Parties and their designees;
      • 8.4.9 understand that you are entitled to request the correction, destruction or deletion of your Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully;
      • 8.4.10 understand that if you suspect any interference with the protection of your Personal Information held by the Parties and its designees, you should, in the first instance, try to resolve any concerns directly with Herbalife. If you are not satisfied with such process you may at any time lodge a complaint with the Office of the Information Regulator, once it has been established;
      • 8.4.11 understand that you may demand during or within a reasonable time after providing this consent that the Parties desist from initiating any further communication with you; and
      • 8.4.12 confirm and acknowledge that the consent you are giving by signifying your acceptance of these Terms and Conditions electronically is your “informed consent”, which means that:
        • 8.4.12.1 you have read and understood the contents of these terms and conditions;
        • 8.4.12.2 you understand and acknowledge the nature of the information relating to you that will be made available to, and may be used by Herbalife in accordance with these terms and conditions;
        • 8.4.12.3 you understand and acknowledge the purpose for which the information relating to you will be made available to, and may be used and disclosed by Herbalife and the Parties in accordance with these terms and conditions; and
        • 8.4.12.4 you have the legal capacity to give your informed consent, in other words, you are an adult person who fully understands and is fully able to make decisions about your own actions.