DATE: 20 AUGUST 2018
Dear Nu Skin Distributors/prospective distributors/customers/prospective customers,
A.Types of personal information and documents
The types of personal information and documents Nu Skin may collect from you from time to time include but are not limited to the following (in no particular order):
• Date of birth.
• Addresses (including email addresses, correspondence and delivery address).
• Phone, mobile, facsimile and any other contact numbers.
• Passport Number, Permanent Resident Identification Number and any other identification details and documents (where applicable) and photocopies of the aforesaid identification documents.
• Distributor identification (ID) number.
• Australian Business Number (ABN) (applicable to Business Entity only).
• Business start-up date (applicable to Business Entity only).
• Residential status e.g. Australian citizen, Permanent Resident, etc.
• Marital status.
• Name and any other identification document / number of your spouse/Co-habitant where your spouse/Co-habitant participates in or has participated or had a beneficial interest in a Distributorship either individually or as a participant in a Business Entity or Distributorship with joint participation.
• Payment data such as bank account details, credit/debit cards details, copy of bank account statement and any information or data required to verify and/or process payment transactions.
• Your photographs and videos containing your image.
• Your testimonials and feedback regarding the Products of Nu Skin.
• Data about your dealings with Nu Skin, including but not limited to details of purchases and product returns.
• Your communications with Nu Skin, including but not limited to your correspondences with Nu Skin and any data or document produced by you or acquired by Nu Skin during such communication.
• Information and views about you which Nu Skin may obtain from other parties, for example, your upline or downline, referees and from carrying out security checks and from Nu Skin’s assessment, opinion, appraisals and evaluations.
• Market research data such as preferred/non-preferred Products, sources of supply (online/offline).
• Any other personal data and documents as may be requested of you or which you may provide in or pursuant to any specific form/document/contract involving you or your participation.
The extent of and the exact personal information and documents that is collected from you may vary from case to case depending on a range of factors and circumstances, such as the nature of the transactions and dealings with you, specific needs or requirements, the extent and nature of goods/services purchased/required, or the desired form of communication.
B. Purposes of collecting personal information and documents
The personal information and documents which Nu Skin may have collected or may be collecting from you or which you may have provided or may be providing to Nu Skin, will be processed (which includes verifying, holding, storing, organising, adapting, retrieving, altering, modifying, correcting, erasing, deleting and/or destroying), used, and disclosed for, amongst others, the following purposes or any of them:
• to open and administer your Distributor accounts and where applicable, to combine Distributor accounts;
• to provide you with support and communicating with you regarding (i) Products and promotional offers, (ii) your Distributorship and Downline Organisations, (iii) Bonuses and other entitlements, and (iv) other relevant business issues;
• to provide services to you, for instance, (i) sharing information in Nu Skin’s Business Support Materials, (ii) inviting you to events and to send reminders on events’ venue, date and time, (iii) alerting you to Nu Skin’s Products and services as well as promotions (whether present or future), and those of Nu Skin’s subsidiaries, affiliates, and related entities, and any of their related businesses, and (iv) organising success trips including but not limited to making meal arrangements;
• to deliver Products, services or notices to you and to provide any ongoing customer care and support to you and your Distributorship;
• for administration and management purposes including for (i) background checks and evaluation; (ii) processing of payment transaction/instructions; (iii) maintenance of your Distributor account with Nu Skin; (iv) collection of outstanding payments from you or processing refunds; (v) Nu Skin internal record keeping; and (vi) research or statistical analysis;
• to give recognition to you as a Distributor, for instance, by publishing your name and sales records;
• marketing, for instance by using testimonials given by you at Nu Skin’s events, on the Website, in marketing materials and in other marketing tools;
• for promotional and marketing purposes including sending you advertising or marketing materials and conducting direct marketing in relation to the Products and services of Nu Skin, organising competition, promotional offers and charitable programmes, co-branded products/services, and related products or services offered by Nu Skin’s business partners;
• evaluative purposes, for instance, for assessing if refunds or exchanges should be made or if you have violated the Policies and Procedures or Nu Skin’s other policies;
• for the conduct of marketing and customers/Distributors profiling activities in connection with Products or services supplied or sold by or through Nu Skin;
• investigating and/or reporting of any criminal offences, where required by law;
• prevention or detection of fraud and crime, compliance with Nu Skin Policies and Procedures, compliance with any legal, regulatory and statutory obligations, court order or requirements of any applicable law, rules, regulations, codes, guidelines and the like whether or not having the force of law;
• disclosure to lawyers, auditors, financial advisors, and other professionals in connection with their services to Nu Skin;
• disclosure to any of the parties falling within the categories set out in Part C;
• any other purpose specified or contemplated in any specific form/document/contract involving you or your participation; (collectively “Purposes”).
C.Disclosure of personal information and documents
All personal information and/or documents collected by Nu Skin or provided by you or on your behalf may
(i) be disclosed to and held by overseas recipients, for example, Nu Skin at its corporate headquarters in the United States of America, its regional headquarters, and/or its affiliated companies (whether within or outside of Australia) for processing and storage; and
(ii) may be disclosed to and shared with any of the following categories or classes of third parties within or outside of Australia for the Purposes set out in Part B:
• Related and affiliated companies within the Nu Skin group of companies (whether within or outside of Australia) including directors, employees, agents and representatives thereof;
• Your upline Distributors and/or other party when Nu Skin determines it is appropriate or necessary to ensure proper upline support or for Distributor educational purposes;
• Any agent, contractor, vendor or third party service provider who provides services to Nu Skin in connection with the operation of its business
• Any applicable regulatory, statutory, governmental or other relevant authorities, agencies or bodies and industry regulators, and any other person to whom Nu Skin or any of its associated companies is compelled, required or permitted to do so by law, rules or regulations, legal process or litigation;
• Any person pursuant to any order of a court of competent jurisdiction;
• Any third party if Nu Skin has a good faith belief that it is required to do so by law or legal process, to respond to claims, or to protect the rights of Nu Skin, or if Nu Skin reasonably believes that there is a serious threat to public health or public safety or to your life or health or to life or health of others;
• Any potential or actual purchaser in connection with any joint venture, collaboration, acquisition or any proposal relating thereto involving Nu Skin or any part of Nu Skin or all or any part of its businesses, assets or liability or in connection with a merger or reconstruction;
• Any business partner, agent, contractor, vendor, advisers, consultants or other third party (including but not limited to financial institutions, insurers, courier companies, printing companies) (whether in or outside Australia) who provide administrative or other related services to Nu Skin (such as warehousing and delivery, marketing and advertising, information technology and software development, website hosting and management, office services, legal, accounting, audit and other professional services)
• Any other third party specified or contemplated in any specific form/document/agreement/ contract involving you or your participation where it is for all or any of the Purposes or is directly related to the Purposes listed in Part B.
D. Overseas data disclosure and sharing
Your personal information and/or documents may be disclosed to, and may be accessed by or given to employees of, Nu Skin at its corporate headquarters in the United States of America, its regional headquarters, and/or its affiliated companies (whether within or outside of Australia) for processing and storage. Your personal information and/or documents may also be disclosed to third parties at one or more locations outside Australia if required or deemed reasonably necessary or desirable by Nu Skin in connection with any of the Purposes set out in Part B.
In the event that the processing and/or storage of your personal information and documents involve the disclosure of any information outside Australia, you acknowledge that, by providing Nu Skin with your personal information and documents, you consent to such overseas disclosure. By consenting to such disclosure, you acknowledge that:
a. Nu Skin will not be accountable under the Privacy Act 1988, for any breach of your privacy by the overseas recipient, and
b. you will not be able to seek redress under the Privacy Act 1988 against Nu Skin for any breach of your privacy by an overseas recipient.
E. Access and correction request
Personal Data Protection Officer
Postal Address: Nu Skin Enterprises Australia, Inc.
PO Box 116, North Ryde BC, NSW 1670
Telephone No.: (02) 9491 0900
Email address: email@example.com
Nu Skin will endeavor to respond to your request for access and/or correction within a reasonable period after your request is made. Nu Skin may charge a reasonable fee for responding to and carrying out your request.
Where you have made a complaint, Nu Skin will investigate your complaint and endeavor to provide a response within a reasonable time.
Any request for access, correction or to limit the processing of your personal information is subject always to the requirements, restrictions and provisions of the Act, the APPs and any rules, regulations, orders, codes and Nu Skin’s rights thereunder. Where an exception specified by law permits us to refuse your request for access or correction, we will provide you with a written explanation of the reasons for refusal, unless it would be unreasonable to provide that notice.
F. Security of personal information and documents
Nu Skin takes such steps as are reasonable, in the circumstances, to safeguard your personal information and will endeavour to implement appropriate measures as may be required by applicable laws to protect your personal information from unauthorised or unlawful use or processing and unauthorised or accidental access, interference, disclosure, alteration, loss or destruction. However, Nu Skin has no control over the privacy and security of any communication that may contain personal information while it is in transit to Nu Skin.
G. Choice for Providing Personal Information and Documents
It is obligatory for you to provide your personal information, and relevant documents to Nu Skin. If you choose not to provide Nu Skin with your relevant personal information, Nu Skin may not be able to process such personal information for any of the Purposes set out in Part B, failing of which may result in the rejection of your Distributorship application or result in Nu Skin being unable to use, process or disclose or continue to use, process or disclose your personal information for any of the Purposes.
You may, at any time, by notice in writing to Nu Skin require Nu Skin at the end of such period as is reasonable in the circumstances to cease or not to begin processing your personal information for purposes of direct marketing. You may also request Nu Skin in writing, at the end of such period as Nu Skin deems reasonable in the circumstances, to cease the disclosure of personal information that may be provided to your upline Distributors but without prejudice to Nu Skin’s rights hereunder or in any contract between you and Nu Skin.
H. Collection of third party’s personal information
Where personal information about another person is provided by you, such as the contact details of referees or information about your sponsor, spouse or co-habitant, it is your obligation to notify that person and that, by your providing the personal information and/or documents of that person to Nu Skin, you confirm and acknowledge that you have notified that person and that that person has appointed you to act on his/her behalf and that you have obtained that person’s consent and authorisation to your collecting, processing, using, sharing and disclosing on his/her/its behalf of his/her/its personal information (including the disclosure of his/her personal information overseas). You agree and undertake to comply with the Act and APPs with respect to the treatment of such personal information and documents and shall further comply with such reasonable directives and/or requests of Nu Skin for the purposes of complying with the Act and APPs.
In order to protect you and Nu Skin, you must obtain the written consent of your retail customers regarding the potential disclosure to Nu Skin of their personal information that may be obtained as the result of a retail sale. The purposes of the disclosure may include (i) retail sales verification in accordance with the Policies and Procedures or an associated investigation; (ii) collection of aggregated general data about retails sales and Nu Skin’s customer base; and (iii) disclosure to third parties if Nu Skin has a good faith belief that it is required to do so by law or legal process, to respond to claims, or to protect the rights of Nu Skin. It is suggested that you procure such a written consent on your Retail Order and Receipt Form.
Nu Skin may, at times, use “cookies” that tell Nu Skin how and when pages in the Website are visited, and by how many people. Nu Skin cookies do not collect personal information and Nu Skin does not combine information collected through cookies with other personal information to tell Nu Skin who you are or even what your e-mail address is. Nu Skin may also provide statistical general information to our Nu Skin affiliates as to how Nu Skin Distributors and customers use the Website.
You can configure your browser to accept all cookies, reject all cookies or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences. Please note that if you reject all cookies, you may not be able to use Nu Skin’s services which require you to, for example, log on.