Privacy
Policy
NOTE: This Privacy Policy contains a Dispute
Resolution, Binding Arbitration, and Class Action Waiver agreement at Section 9
that affects how claims you may have against Amarawave, or claims Amarawave may
have against you, will be resolved. The parties understand and agree that the
Dispute Resolution, Binding Arbitration, and Class Action Waiver agreement at
Section 9 operates as a separate and distinct agreement that is severable from
the remainder of this Privacy Policy and is enforceable regardless of the
enforceability of any other provision of this Privacy Policy or the Privacy
Policy as a whole. Consideration for the Dispute Resolution, Binding
Arbitration, and Class Action Waiver agreement includes, without limitation,
the parties’ mutual agreement to arbitrate claims.
Amarawave Inc. d/b/a Amarawave (referred to herein as “Amarawave”, “our”, “us” or “we”) is committed to respecting the
privacy rights of those visiting our websites, including the Amarawave website
(at https://hnprosperity.com), our Independent Distributors’
Replicated
websites and our mobile applications (hereafter collectively referred to as the
“Site”). We created this Privacy Policy to give you confidence as you visit and
use the Site, and to demonstrate our commitment to fair information practices
and to the protection of privacy.
This
Privacy Policy is only applicable to the Site and not to any Third-Party
websites that may link to or from this Site, which may have data collection,
storage and use practices and policies that differ materially from this Privacy
Policy. For additional information, see the section concerning Third-Party
Websites, below.
The Site is located in United
States and is subject to U.S. laws. If you are outside of the United States,
your use of the Site constitutes consent to the transmission of personal
information to the United States. If your use of the Site is against the laws
of your jurisdiction, it is your responsibility to refrain from the use of the Site.
BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE
READ AND UNDERSTOOD AND AGREE TO THE TERMS OF THIS PRIVACY POLICY. IF YOU DO
NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THIS PRIVACY POLICY, YOU MUST
IMMEDIATELY LEAVE THE SITE.
Each time you use the Site, the
then-current version of this Privacy Policy will apply. Accordingly, each time
you use the Site you should check the date of this Privacy Policy (which
appears at the beginning) and review any changes since the last time you
visited the Site. For additional information, see the section concerning
Updates and Changes to Privacy Policy, below.
1. Children’s
Privacy
Amarawave is committed to the safety of our children. The Site is
intended for a general audience and is not designed or intended for use by or
targeted to children younger than the age of 16. We do not knowingly collect
personal information from children younger than the age of 16. However, in all
cases, if you are younger than the age of 18, you may use the Site (and any
related services or features) only with the consent and supervision of a parent
or guardian. Persons under the age of 18 may not enroll as Amarawave Independent Distributors
or
register as customers. We do not solicit or knowingly collect personally identifiable information
from children under the age of 16. If we obtain actual knowledge that we have collected
personally identifiable information from a child under the age of 16, we will immediately delete
such information from our database. Because we do not collect personally identifiable information
from children under
the age of 16, we have no such information to use or disclose to third parties.
2. Information
Collection
Amarawave is the sole owner of the Site. We collect information from Distributors,
Affiliates, customers, and visitors to the Site at different points on the Site.
- Traffic Data. Like most website operators, Amarawave automatically gathers device
and usage information of the sort that browsers automatically make available, such
as your IP address, browser and device characteristics, operating system,
language preferences, referring URLs, device name, country, location,
information about how and when you use the Site, and other technical
information (collectively “Traffic Data”). Traffic Data is anonymous
information that does not personally identify you and is primarily needed to maintain the
security and operation of the Site, and for our internal analytics and
reporting purposes.
- Cookies. Cookies are small pieces of information
that a website stores on a user's hard drive, and that the user's browser
provides to the website each time the user submits a query to the website. The purpose of a Cookie
is to identify the user as a unique user of the Site. The Site uses Cookies to customize your
experience on the Site to your interests, to ensure that you do not see the same informational messages
repeatedly, and to store your username so you do not have to re-enter it
each time you visit the Site. For information on our uses of Cookies, see the section concerning Information
Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.
- Types
of Cookies.
We use the following types of Cookies for the following purposes:
- Session
ID Cookies. We use session ID cookies to make it easier for you to
navigate the site. A session ID cookie expires when you close your
browser.
- Persistent
Cookies. We set a persistent cookie to store your valid login, so you do
not have to login more than once. Persistent cookies also enable us to
track and target the interests of our users to enhance the experience on
the site. A persistent cookie remains on your hard drive for an extended
period of time. You can remove persistent cookies by following
directions provided in your Internet browser’s “help” file.
- Third Party Cookies. We may allow third parties to use Cookies
on the Site, but we do not control the use or contents of third-party Cookies.
Such third-party cookies may include:
- Ad Services. In the course of
providing advertisement services, third party ad services providers may
utilize cookies on the Site.
- Data Providers. We may use
third-party data provider cookies in connection with the Site.
- Analytics. We may use
third-party analytics (e.g., Google Analytics) cookies to gain insight
into how our visitors use the Site.
- Opting Out of Cookies. If you do not wish to have cookies placed on your computer, you
should set your browser to refuse cookies before accessing the Site, with the understanding that certain of the services and certain features
of the Site may not function
properly without the aid of cookies. If you refuse cookies, you assume all responsibility for any resulting
loss of functionality. To learn more about cookies and how
to manage them, go to https://allaboutcookies.org/.
- Personal Information. Through your use of or visits to the
Site, you may be required or requested to provide personally identifiable
information (hereafter “Personal Information”) to us. Personal Information
is any piece of information which can potentially be
used to uniquely identify, contact, or locate a single person. The
Personal Information that we collect depends on the context of your
interactions with the Site, the choices you make, and the products and
features you use. The Personal Information we collect may include the
following:
- Names
- Mailing
Addresses
- Email
Addresses
- Telephone
Numbers
- Usernames
- Account
Passwords
- Contact
Preferences
- Contact
or Authentication Data
- Geolocation
Information
- Billing
Addresses
- Credit/Debit
Card Information
- Billing
Information
- Bank
Account Information
- Information
associated with other accounts belonging to a user
- Sensitive
Information as described below
All
Personal Information that you provide to us must be true, complete, and
accurate, and you must notify us of any changes to such Personal Information. You
are under no obligation to provide Personal Information to us, with the caveat
that your refusal to do so may prevent you from using certain of the features
and services available on the Site or from purchasing some or all of our
products or enrolling as a Distributor or Affiliate.
·
Sensitive
Information. When necessary, with your consent or as otherwise permitted
by applicable law, we process the following categories of sensitive
information:
o
Social
Security Numbers and Tax Identification Numbers
o
Driver’s
License, State Identification Card, or Passport Number
o
Account
log-in, financial account, debit card, or credit card number in combination
with any required security or access code, password, or credentials allowing
access to an account
o
A
consumer’s precise geolocation
·
Credit/Debit
Card and Payment Information. Payment information (including Credit/Debit card
information) is collected at registration or for shopping cart orders is used
only to process payment for purchases and authorized fees. Payment information
is retained by us in order to facilitate subscription purchases. In addition,
users may elect to store their payment information in order to pay for future
product orders and recurring fees. To protect your Personal Information, we
take reasonable precautions and follow industry best practices to make sure
your payment information is not inappropriately used, lost, misused, accessed,
disclosed, altered or destroyed. Although no method of transmission over the
Internet or electronic storage is 100% secure, we implement additional
generally accepted industry standards. All payment data is stored by MultiSoft
Corporation. You may find their privacy notice link(s) here: __________.
3.
Information Obtained from Third Party Sources
We may supplement the Personal Information that a user
provides to us with additional Personal Information gathered from public
sources or from thirdparties
(e.g., consumer reporting agencies) who may lawfully provide such information
to us. We may receive information about you such as contact information and
demographics information from other sources. In addition, we may combine
information you give us with information from these sources. The types of
information and sources of such information include without limitation the
following categories:
·
Vendors. We may receive contact information and demographic
information that you provide to or through our vendors, such as through our
email and text message campaigns.
·
Your AmarawaveDistributor (if applicable). Information such as
account or demographic information that is submitted by your AmarawaveDistributor on
your behalf.
·
Payment Service Providers.
Payment information such as updated credit card number and expiration dates
from your bank or credit card company which we use to keep our records current
and service you better.
·
Delivery Service Providers.
Delivery details such as updated delivery, contact information, and address
information from our carriers or other third parties which we use to keep our
records current, process orders, deliver your next purchase, and service you
better.
·
Social Media. Information that you
publicly post on our and your social media pages (e.g., our Facebook®,
Instagram®, and Twitter® pages), such as your contact and
demographic information, such as likes, interests, preferences, comments,
suggestions, and opinions, general feedback, and content.
·
Other Third-Party Sources (Including Data Aggregators and
Public Databases). Transactional data from third party purchases; contact
information, demographics information, including profile data; information
about products or services purchased from other companies.
4. Information
that you make Public.
The Site may contain features (e.g., public profiles,
forums, and message boards) that permit you to upload, post, transmit, display,
perform or distribute content, information or other material, including some of
your Personal Information. Any information that you choose to disclose by means
of such features becomes public information over which Amarawave is
unable to exercise control. You should exercise caution when deciding to
disclose your Personal Information by means of such features, and you agree to
assume all responsibility for doing so.
5.
Information Use and Disclosure Practices
- Traffic Data and Information
Gathered Using Cookies. Amarawave
analyzes Traffic Data and information gathered using Cookies to help Amarawave
better understand who is using the Site and how they are using it. By
identifying patterns and trends in usage, Amarawave
is able to better design the Site to improve your experience, and to serve
you more relevant and interesting content. From time to time, Amarawave
may release Traffic Data and information gathered using Cookies in the
aggregate, such as by publishing a report on trends in the usage of the Site.
Amarawave
does not attempt to link information gathered using Cookies to Personal
Information.
- Personal Information. Personal
Information is used and disclosed as described in this Privacy Policy. In
general, we use your Personal Information to:
- Process your orders;
- Communicate with you regarding your
orders, your account, the use of our products or services, or otherwise
provide customer service;
- Maintain your account and keep
track of any purchases made by you;
- Authenticate your account
credentials and identify you to log in to the Site;
- Personalize your experience on
the Site;
- Send you marketing communications
about services and products offered by us and our affiliated companies,
as permitted by law;
- Improve the Site, your Personal Information
may be analyzed to search for patterns which may help improve the overall
Site experience;
- Improve the customer service we
provide, your Personal Information may be used for review and quality
control purposes;
- Authenticate your credit or debit
card account information;
- Create de-identified Personal Information
to be used by us; and
- Use for any other reason you
consent to.
Except as specifically set forth in this Privacy Policy, Amarawave DOES NOT share Personal Information. Amarawave may share aggregated information from time to time with its
partners, vendors or other third parties. When such aggregate information is
shared by Amarawave, it
is deidentified and no Personal Information is shared.
- Disclosure Practices. Except
under the following circumstances and otherwise as set forth in this
Privacy Policy, Amarawave
will keep your Personal Information private and will not sell it to or
share it with third parties.
o Disclosure
in Connection with Services. Amarawave
discloses Personal Information to those who help it provide Services, including
those who perform technical, administrative and data processing tasks such as
hosting, billing, fulfillment, and data storage and security.
o Our
Affiliates. We
may disclose your Personal Information to our affiliated companies (e.g.,
parent company, sister company, subsidiary, etc.
o By Law
or to Protect Rights. Amarawave
discloses Personal Information when required to do so by law, or in response to
a subpoena or court order, or when Amarawave believes in its sole discretion that disclosure is
reasonably necessary to protect the property or rights of Amarawave,
third parties or the public at large.
o Legally
Required Law Enforcement, Judicial and Administrative Agency Disclosures. Amarawave will provide confidential and Personal Information as
necessary to comply with judicial and administrative orders, subpoenas, Civil
or Criminal Investigative Demands, Administrative and Regulatory Demands and
other legal obligations. In order for Amarawave to conduct business in certain jurisdictions, Amarawave must
disclose certain personally identifiable and confidential information to
regulatory authorities in such jurisdictions. Such information may include, but
is not limited to, income information and Personal Information.
o Business
Transfers; Bankruptcy.Amarawave reserves the right to transfer all Personal Information in
its possession to a successor organization in the event of a merger,
acquisition, or bankruptcy or other sale of all or a portion of Amarawave’s
assets. Other than to the extent ordered by a bankruptcy or other court, the
use and disclosure of all transferred Personal Information will be subject to
this Privacy Policy, or to a new privacy policy if you are given notice of that
new privacy policy and an opportunity to affirmatively opt-out of it. Personal
Information submitted or collected after a transfer, however, may be subject to
a new privacy policy adopted by Amarawave’s
successor organization.
o Unpaid
Accounts. If
you fail to pay any balance owed to Amarawave, we
may, as permitted by law, report your Personal Information, including without
limitation your unpaid balance, to consumer credit reporting services,
collection agencies and others.
o Invite
a Friend. When
you invite family or friends to join the Amarawave network or to attend an Amarawave home party, Amarawave will
send an email on your behalf to the indicated recipient. Your name and email
address will appear in the “From” line of such email.
o Lead
Assignment and Distributor
Locator Features. Amarawave
occasionally will assign prospective sales and prospective customer and Distributor leads
to Distributors.
In
these cases, we will provide the prospective customer or Distributor with
the appropriate Distributor’s name
and contact information and/or provide a Distributor with the prospective customer’s
or Distributor’s name
and contact information. In
addition, Amarawave has a Distributor Locator feature on its website. Pursuant
to this feature, a prospective customer or new Distributor can locate a nearby Amarawave
Distributor. In order to make the Distributor Locator feature and the lead
assignments effective, the company will provide the prospective customer or new
Distributor with the Distributor’s name and contact information, which may
include his/her telephone number, address, and/or email address.
o Downline
Activity/Genealogy Reports. As a network marketing company, Amarawave
provides certain information to Distributors
regarding other Distributors
and
customers enrolled in a Distributor’s
downline marketing organization (sales team). To help Distributor in Amarawave’s
network marketing program manage their independent businesses, we provide our Distributors with
some of the Personal Information of the other Distributors and customers whom
they have personally sponsored/enrolled as well as other Distributors who
are on their sales teams. If you enroll as a Distributor or register as an Amarawave customer, your
name, address, telephone number, and email address, as well as data relating to
your sales, purchases, and recruitment activity will be disclosed to the Distributor who
sponsored you and to other Distributors
who
are upline to you and your sponsoring Distributor. No other Personal Information will be shared with Distributors. Such
information is shared via the Distributor
Back-Office.
Information relating to downline Distributors and customers is made available to Distributors subject to a confidentiality and non-solicitation covenant
in the agreement that each Distributor enters into with Amarawave. However, Amarawave does not warrant that other Distributors
will
adhere to the confidentiality and non-solicitation covenants, and Amarawave shall not be responsible for Distributors’
violation
of these covenants. By enrolling as a Distributor
or
registering as an Amarawave customer, you consent to the disclosure of your
Personal Information as described in this paragraph.
o Surveys. It may become necessary to conduct
surveys of our customers or Distributors.
Should we deem it necessary to conduct a survey, we may outsource the survey to
a third party. We will provide the third-party survey company with your Personal Information as is
necessary for the third-party
survey company to conduct the survey and to those third parties whom we engage
to review and analyze the results of the survey. We will not provide your social security number,
credit/debit card, banking, payment, or other sensitive information to the
survey provider.
6.
Retention
of Personal Information
Unless there is something in this Privacy Policy to the
contrary, we may retain your Personal Information for as long as your account
is active and for a period of time thereafter to allow you to re-activate your
account without loss of information. We may also retain your Personal Information
as necessary to comply with legal requirements and obligations, defend our
rights, resolve conflicts, improve the Site, address complaints, and enforce
contracts.
7.
Electronic
Communications
Consistent with this
Privacy Policy and as is permitted by applicable law, we may communicate with
you via electronic messages, including email. We receive notice when you open
an email or click a link within a marketing email.
8.
Online Advertising
We may display advertising on the Site 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 the Site and other websites to provide you with
advertisements on the Site and elsewhere online based on your browsing history
and tailored to your interests, preferences, and characteristics. Cookies or
other similar technologies may be used to provide you with advertising based
upon your browsing activities and interests. 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 the Site to provide
interest-based advertising on the Site and elsewhere, including across browsers
and devices. These third parties may use the information they collect on the Site
to make predictions about your interests in order to provide you with 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 (http://www.networkadvertising.org/choices/) and the Digital Advertising Alliance (http://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.
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 the Site may be degraded.
9. Dispute
Resolution, Binding Arbitration, and Class Action Waiver
While we certainly hope that we
never have a dispute with a visitor to the Site, if the unfortunate
circumstance arises that we have a dispute that arises from or relates to any
of our products or services, the Site, or this Privacy Policy, you agree that
we will first seek to resolve the dispute informally. You will notify us of the
dispute within 90 days from which you first learn of the dispute by submitting
an email to support@amarawave.com (a “Dispute Notice”). Your email
must include a detailed description of all facts which you claim support your
claim and a statement indicating what you believe is a fair resolution to your
dispute. If we do not successfully resolve the dispute informally within 60
days from the date on which you submit your notice, you agree that subject to the exceptions listed below, all disputes
(including questions whether a dispute is subject to arbitration) will be
resolved through confidential binding arbitration. You also agree to waive all
rights to pursue class action lawsuits, class-wide arbitrations, and any other
proceeding in which someone acts in a representative capacity against Amarawave.
You further waive all rights to combine proceedings with the claim(s) of any
other individual or entity.
All arbitration proceedings will
be held in the state and county in which you reside or, if the value of the relief sought is $10,000 or less, the
arbitration shall be conducted based solely on written submissions, unless
either party requests an in-person, telephonic, or videoconference hearing or
the arbitrator decides that a hearing is necessary. In cases where an in-person
hearing is held, either party may attend by telephone or video conference
unless the arbitrator requires otherwise.
The Arbitration shall be administered by the American Arbitration Association,
pursuant to its Consumer Arbitration Rules, available at https://www.adr.org/consumer. Arbitration shall be governed
by the Federal Arbitration Act and the law of the State of Washington.
The parties shall each be responsible for paying their
respective filing fees and shall split the arbitrator’s fees equally unless the
value of the relief sought by you is $10,000 or less. If the value of the
relief sought by you is $10,000 or less, at your request, Amarawave will pay
all of the filing, administrative, and arbitrator’s fees associated with the
Arbitration.
Disputes not subject to this
arbitration provision are:
·
Any action you bring if you have properly opted-out
of arbitration. You may opt-out of the Arbitration provision by sending an
opt-out notice to support@amarawave.com. You must submit your opt-out
notice within five days from the date of your first visit to the Site.
·
If your claim is within the jurisdictional limits
of the small claims court in which you reside, you may pursue an action in your
local small claims court.
·
If you are an Amarawave independent Distributor and
you combine a claim that is covered by this Arbitration and Class Action Waiver
with a claim to which the Amarawave arbitration and dispute resolution policy
for Distributor disputes applies under the Distributor Agreement, the disputes
will be combined and resolved according to the Dispute Resolution provisions
contained in Amarawave Distributor Agreement.
To institute informal dispute
process, submit a Dispute Notice to support@amarawave.com.
10. Miscellaneous
- Links. The Site
may contain links to other websites. Please be aware that Amarawave
is not responsible for the privacy practices of such other websites. We
encourage users to be aware when they leave the Site and to read the
privacy statements of each and every website that collects Personal
Information. This privacy statement applies solely to information
collected by the
Site.
- Security. Amarawave
has implemented and maintains reasonable security procedures and practices
to protect against the unauthorized access, use, modification, destruction,
or disclosure of your Personal Information.
- Do-Not-Track Requests. “Do-Not-Track” is a web browser setting
that sends a signal instructing a website not to track a user. The Site
does not have a mechanism to respond to “Do-Not-Track” requests.
- Lost or Stolen Information. You must promptly notify us if
your credit, banking, other financial information, username, or password is lost, stolen,
or used without permission. In such an event, we will remove that credit
card number, bank account information, other financial institution
information, username, or password from your account.
- Promotional Activities. From
time to time, Amarawave
may conduct contests, giveaways, and other promotions (collectively, “Promotional
Activities”). Any information submitted via the Site in
connection with Promotional Activities will be
treated in accordance with this Privacy Policy. From time to time, Amarawave
may also ask you to participate in surveys designed to help Amarawave
improve the Site, its products, services, or the Amarawave
network marketing program. Any Personal Information provided to Amarawave
via the Site in connection with any survey
will be used only in relation to that survey and will be disclosed to
third parties not bound by this Privacy Policy only in aggregated form.
- Changes to this Privacy Policy. Amarawave
reserves the right to amend or change this Privacy Policy at any time at
its sole discretion. It is your responsibility to periodically access this
Privacy Policy by clicking on the Privacy Policy link at our home page. You can determine the date this Privacy Policy
was last updated by referring to the effective date found at the end of
the policy. When material changes or
amendments are made to the Privacy Policy, we will announce the same at
our home page for a period of 30 days following implementation of
the amended Privacy Policy.
- Making
Changes to Your Personal Information.
Distributors, Affiliates,
and Registered Customers may update their Personal Information as
necessary by logging into their Amarawave
online Back Offices or accounts,
which allows them to access and edit their registration account
information. In addition, Distributors, Affiliates, and Registered Customers may
contact us at support@amarawave.com to update their profiles.
- Online Privacy Policy Only. Except
as may otherwise be provided herein, this Privacy Policy applies only to
information collected through the Site. It does not apply to information
collected offline.
- Questions. Questions
regarding this Privacy Policy should be directed to support@amarawave.com.
U.S.
State Specific Rights
Colorado,
Connecticut, Montana, Oregon, Texas, Utah and Virginia.
We set forth above the categories
of personal data we process, the purpose for processing personal data, the
categories of personal data shared, and the categories of third parties with
whom personal data is shared.
If you are reside in one of these
states (as defined in each states’ respective law) and would like to exercise
your applicable rights, please email us at support@amarawave.com. Additional information about each of these rights
can be found below.
·
To confirm whether we are processing your Personal
Data and request to access such data (“Right
to Access/Data Portability”) (CO, CT, MT, OR, TX, UT, VA
Residents). Where required by law, this includes the ability to obtain a copy
of the personal data we hold about you and, where feasible and required by law,
provided in a readily usable format to allow data portability. For Oregon
residents or where otherwise provided by applicable law, this includes a list
of third parties with whom we have shared personal information.
·
That we correct inaccurate Personal Information we
hold about you (“Right
to Correct”) (CO, CT, MT, OR, TX, VA
Residents).
·
That we delete the Personal Data we hold about you
("Right
to Delete") (CO, CT, UT, MT, OR, TX,
VA Residents).
·
To opt-out of “sales” of your Personal Information
(“Right to Opt-Out of Sales”). We may “sell” your information as
defined by CO, CT, MT, OR, and TX.
·
To opt-out out of the processing of your Personal Information
for the purposes of targeted advertising (“Right to Opt-Out of Targeted Advertising”).
Right
to Appeal. If, for any reason,
you would like to appeal our decision relating to your request and you are a
resident of Colorado, Connecticut, Montana, Oregon, Texas, or Virginia, you
have the right to submit an appeal and can do so by emailing support@amarawave.com. In your email submission, please include your full
name, the basis for your appeal, and any additional information to consider.
Sensitive
Data. If you are a Virginia, Colorado,
Connecticut, Montana, Oregon, or Texas resident, we will obtain your consent to
the processing of any Sensitive Data (as defined by the applicable state law)
we collect. If you are a resident of Utah, we will notify you at or
before the time of collection of Sensitive Data (as defined by Utah law). If
you wish to opt out of our processing of your Sensitive Data (as defined by the
applicable state law), please email us at support@amarawave.com.
Nevada - Supplemental Privacy Notice
for Nevada Residents. The following applies solely to Nevada Residents.
Residents of Nevada have certain rights with respect to your
Personal Information.
- You
have the right to know that we do not sell any of your Personal
Information to any third party or parties.
- You
have the right to request that we not sell any of your Personal
Information. Although we do not sell your Personal Information to any
third parties, you have the right to submit a request to us directing us
not to sell any of your Personal Information that we have collected from
you or will collect from you in the future to any third party or parties.
You may make such a request by sending an email to us at support@amarawave.com. Please include the following
information in your request: Your name, your email address, and, if
applicable, your Distributor ID Number, Affiliate ID Number, or Customer ID Number. Upon our
receipt and verification of your identity, we will not sell your Personal
Information. Within 60 days of our receipt of your request, we will
respond to you.
- We
collect the following types of Personal Information (“Covered
Information”) from visitors who purchase products from us or enroll as Distributors or Affiliates through our Site:
- First
name, middle name or middle initial, and last name;
- Home
or other physical mailing address;
- Credit
card or other payment information;
- Email
address;
- Telephone
number; and
- Social
Security Number (Distributors and Affiliates Only).
- We
share Covered Information only as specified in our Privacy Policy.
- If
you wish to review, update or otherwise make changes or request that
changes be made to the Covered Information you have provided to us, you
may do so as specified in “Making Changes to Your Personal Information” above.
- If
we ever change the types of Covered Information that we collect from you,
with whom we share it, or the process by which you may review and request
or make changes to your Covered Information that is collected and
maintained by us, we will notify you as described in the “Changes to this
Privacy Policy” above.
No
third party or third parties may collect Covered Information about your online
activities over time when you use any of our websites.
Supplemental
Privacy Notice for California Residents. The following applies solely to
California residents.
Effective: September 30, 2024.
Last Revised: September 30, 2024.
Shine the Light.
Residents
of the State of California (under California Civil Code Section 1798.83) have
the right to request and obtain from us once per calendar year information, if
any, regarding their Personal Information as defined in California Civil Code
Section 1798.83 that we have shared with third parties during the preceding
year for such third parties’ direct marketing purposes. The information will
include (1) a list of the categories of Personal Information described in
California Civil Code section 1798.83(e)(6) that were disclosed in during the
preceding calendar year, if any, and (2) the names and addresses of all third
parties with whom we shared any such Personal Information about you during the
preceding calendar year (if the nature of such a third party’s business cannot
reasonably be determined from the third party’s name, a description of the
nature of the third party’s business or examples of products and services that
the third party marketed). To make such a request, please email us at support@amarawave.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 our use
and disclosure of your Personal Information.
California
Consumer Privacy Act Notice
If you are a California resident, you may have
certain rights under the California Consumer Privacy Act of 2018, as amended by
the California Privacy Rights Act of 2020, and any implementing regulations
adopted thereunder (collectively, the “CCPA”) as described below. Terms
(including defined capitalized terms) used in this California Consumer Privacy
Act Notice have the same meanings given in the CCPA
and the associated regulations, unless otherwise defined herein.
Supplemental Privacy Notice
for Residents of Colorado, Connecticut, Utah and Virginia
If you are a resident of Colorado, Connecticut,
Utah, or Virginia, the following privacy rights apply to you.
Notice
of Collection and Use of Personal Information
We may collect (and may have collected during the
12-month period prior to the effective date of this Supplemental Privacy
Notice) the following categories of personal information about you:
- Identifiers: identifiers such as name, date and
place of birth, permanent residence, home and business addresses, email
address, telephone numbers, unique personal identifiers, online
identifiers, Amarawave Distributor ID, Amarawave Customer ID, Amarawave
Independent Affiliate ID, account name, signature, Social Security number,
tax ID number, Internet Protocol address, and driver’s license, state
identification card, or passport numbers.
- Protected Classifications: characteristics of
protected classifications under California or federal law, such as race,
national origin, age, sex, or gender.
- Financial Information: bank account number,
credit card number, debit card number, and similar banking information
- Commercial Information: commercial information
such as transaction data, products or services purchased, obtained or
considered, and other purchasing or consuming histories or tendencies.
- Online Activity: Internet or other
electronic network activity information, such as browsing history, search
history or information regarding your interaction with websites,
applications or advertisements.
- Geolocation Data: general location and precise
GPS location.
- Sensory information: audio, electronic, visual
and similar information, such as audio recordings if you call our customer
service, or recorded presentations in which you participate; photographs
taken at Company functions or events; audio, electronic, visual, thermal,
olfactory, or other similar information from your voluntary participation
in any sensory testing of Amarawave products.
- Professional or Education information.
- Inferences: inferences drawn from any of the
information identified above, such as individual profiles, preferences,
characteristics, or behaviors.
We may use (and may have used during the 12-month
period prior to the effective date of this Supplemental Privacy Notice) the
categories of personal information listed above for the purposes described in
our Privacy Policy, and for the following business or commercial purposes (as
those terms are defined in applicable law):
- Our or our service provider’s operational
purposes;
- Auditing related to counting ad impressions to
unique visitors, verifying positioning and quality of ad impressions, and
auditing compliance;
- Helping to ensure security and integrity (such
as detecting, protecting against, and prosecuting security incidents and
fraudulent or illegal activity);
- Debugging to identify and repair errors that
impair existing intended functionality;
- Short-term, transient use, including, but not
limited to, non-personalized advertising shown as part of your current
interaction with us;
- Providing advertising and marketing services;
- Performing services, including maintaining or
servicing accounts, providing customer service, processing or fulfilling
orders and transactions, verifying customer information, processing
payments, providing financing, providing analytics services, providing
storage or providing similar services;
- Undertaking internal research for technological
development and demonstration;
- Undertaking activities to verify or maintain
the quality or safety of a service or device or to improve, upgrade or
enhance the services or devices;
- 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 include:
- Providing you with the products, services, and
support you request;
- Processing your transactions and shipping
orders;
- Communication 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;
- Administering rewards programs;
- Providing personalized services you request;
- Ensuring compliance with our Company policies
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;
- To validate sales made by Amarawave Independent
Distributors and Amarawave Independent Affiliates (hereafter collectively
“Representative”);
- To help our Representatives search for,
communicate with and validate customers in our systems;
- For Amarawave’s compliance purposes;
- To support the operations of our
Representatives, and to maintain proper functioning of the Amarawave network
marketing and affiliate marketing programs.
Sources
of Personal Information
During the 12-month period prior to the effective
date of this Supplemental Privacy Notice, we may have obtained personal
information about you from the following categories of sources:
- Directly from you, such as when you complete
forms, take surveys, or create profiles on our Sites
- From your devices, such as through your use of
our services
- Merchants
- Our parent company, affiliates and subsidiaries
- Vendors or Service Providers who provide
services on our behalf
- Our business partners
- Public and commercially available sources
Disclosure
of Personal Information
We may disclose personal information to the
following categories of third parties:
- Representatives
- Merchants
- Our parent company, affiliates and subsidiaries
- Vendors or Service Providers who provide
services on our behalf
- Professional services organizations, such as
auditors or law firms
- Data analytics providers
- Our business and joint marketing partners
- Social networks
- Online advertising services and advertising
networks
- Financial institutions
During the 12-month period prior to the effective
date of this Supplemental Privacy Notice, we may have disclosed the following
categories of personal information (as defined above) about you for a business
purpose to the following categories of third parties:
- Identifiers: Service providers,
Affiliates and Subsidiaries, Representatives, Merchants, financial
institutions, Professional services organizations, online advertising
services and advertising networks, social networks
- Protected Classifications: Service
providers, Affiliates and Partners
- Financial Information: Service providers,
Merchants, Financial Institutions
- Commercial Information: Service
providers, Affiliates and Partners, Representatives, Merchants
- Online Activity: Service Providers, Affiliates
and partners, Advertising services and advertising networks, social media
networks
- Geolocation Data: Service providers,
Affiliates and partners
- Sensory information: Service providers,
Affiliates and partners
- Professional or Education information:
Service providers, Affiliates and partners, Representatives
- Inferences: Service providers, Affiliates
and partners
In addition to the categories of third parties identified
above, during the 12-month period prior to the effective date of this
Supplemental Privacy Notice, we may have disclosed personal information about
you to government entities (e.g., in response to law enforcement requests or in
connection licensing or registration requirements).
“Sale” or “Sharing” of
Personal Information
California law defines “sale” very broadly and
includes the disclosure of personal information for anything of value. We do
not sell your personal information in exchange for monetary consideration. We may disclose your personal
information by allowing certain third parties (such as social media networks,
data analytics providers, and online marketing and advertising services) to
collect personal information via automated technologies (such as cookies or
pixels) on our Site for social networking and advertising purposes. Under
applicable law, these kinds of disclosures may constitute “targeted
advertising,” or a “sale” when the personal information is exchanged for
non-monetary consideration, or “sharing” when the personal information is
disclosed for cross-context behavioral advertising purposes.
The categories of personal information that we may
sell, share, or use for targeted advertising (and may have sold or shared or
used for targeted advertising during the 12-month period prior to the effective
date of this Notice) includes Identifiers, Commercial Information, Online Activity,
device and site usage information, and Geolocation data.
California, Colorado, Connecticut, Utah, and
Virginia residents may opt-out of the processing of their personal information
for purposes of targeted advertising, or the sale or sharing of personal
information, by clicking on the Do Not Sell or Share My Personal Data/Opt-Out
of Targeted Advertising link at the bottom of each page of the Site and
following the instructions in that link.
In addition, California 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 Amarawave account 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.
Retention
of Personal Information
We will retain your personal information for the
time period reasonably necessary to achieve the purposes described in our
Privacy Policy and this Supplemental Privacy Notice, or any other notice
provided at the time of collection, taking into account applicable statutes of
limitation and records retention requirements under applicable law.
Users
Under 16
We do not knowingly sell or share Personal
Information of California Consumers younger than 16.
California
Consumer Privacy Rights
If you are a California resident, you have certain
rights regarding your personal information, as described below.
- Access: You have the right to request, twice in
a 12-month period, that we disclose to you the personal information we
have collected, used, disclosed and sold or shared about you during the
past 12 months.
- Correction: You have the right to request that
we correct the personal information we maintain about you, if that
information is inaccurate.
- Deletion: You have the right to request that we
delete certain personal information we have collected from you.
Please note that 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 our Sites.
- Opt-Out of Sale or Sharing: You have the right
to opt out of the sale of your personal information or the sharing of your
personal information for cross-context behavioral advertising purposes.
How
to Submit a Request.
Some of our Sites allow you to review and update
your personal information or cancel certain provisions of an agreement between
you and Amarawave. To submit a request to access, correct or delete your
personal information or for assistance with any of these rights, please submit
your request hereor contact us at (702) 827-5853. Additionally, you may email your request to us
at support@amarawave.com. If you email us, you must: (i)
clearly state your request, and (ii) for verification and fraud-prevention
purposes, provide the following information that you initially provided
to Amarawave: first name, last name, phone number, billing zip
code, and email address. You will receive an email from us confirming your
request and requesting you to click a button in the email to confirm your
identity, in accordance with the CCPA. Once you confirm your identity by
clicking the button in the email, we will proceed with processing your request.
To opt-out of the sale or sharing of your personal
information, please see the instructions in the section entitled ““Sale” or
“Sharing” of Personal Information” above.
Verifying
Requests.
To help protect your privacy and maintain security,
we will take steps to verify your identity before granting you access to your
personal information or complying with your request. This verification
process may require you to provide your Representative or Customer 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. If you
designate an authorized agent to make a request on your behalf, please email us
at support@amarawave.com to (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.
Right
to Appeal
If, for any reason, you would like to appeal our
decision relating to your request under this California Consumer Privacy Act
Notice, you may submit an appeal and do so by emailing support@amarawave.com. Please include your full name,
the basis for your appeal, and any additional information to consider.
Right
to Non-Discriminiation for the Exercise of a Consumer’s Privacy Rights
We do not discriminate against consumers as a result of a
consumer’s exercise of any of his or her rights listed in this section. For
example, we will not, as a result of a consumer’s exercise of any rights listed
in this section:
·
Deny
goods or services to the consumer;
·
Charge
different prices or rates for goods or services;
·
Provide
a different level or quality of goods or services; or
·
Suggest
in any way that a consumer will receive a different price or rate for goods or
services or a different level or quality of goods or services.
We may provide discounts or other incentives to customers
who provide us with certain of their Personal Information. For example, we may
offer a discount to a consumer who provides her contact information and payment
information in order to register with us.
Notice of Financial Incentive
Under California law, certain aspects
of loyalty and similar programs which we may offer from time to time, may
provide certain benefits to consumers and be considered a financial incentive
program. We may collect personal information from you in connection
with any such programs, e.g., contact information (name, email
address, residential address) and commercial information (like purchase
history) for a number of reasons, including to administer the program,
contact you with regard to your account (if any), to provide the benefits to
you, to better serve you, and to fulfill your requests associated with the
program.
To opt into our loyalty or similar programs, as set forth herein you will need
to provide certain information, and potentially register for an
account, agree to certain applicable program terms, or otherwise follow the
instructions associated with the loyalty or other similar programs.
To the extent that Amarawave provides programs that may be
considered a financial incentive because the program is directly or
reasonably related to the collection, deletion or retention of consumer
personal information, the value is reasonably related to the overall value we
receive from the personal information participants provide specific to the
program minus the costs and expenses we incur in providing the program.
Changes
to this Supplemental Privacy Notice
We reserve the right to amend this Supplemental
Privacy Notice at our discretion and at any time. When we make changes, we will
post the updated Supplemental Privacy Notice on the website and update the
effective date. Your continued use of our website following the posting of
changes to this Supplemental Privacy Notice constitutes your acceptance of such
changes.
Questions and Contact
Information
If you have any questions about
your rights under the CCPA, please email us at support@amarawave.com
