(a) Traffic Data. Like most website operators, Miche automatically gathers information of the sort that browsers automatically make available, including: (i) IP addresses; (ii) domain servers; (iii) types of devices accessing the Website; and (iv) types of Web browsers accessing the Website (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you.
(c) Personal Information. In order for you to use certain of the Services, you are asked to provide Miche certain information that personally identifies you ("Personal Information"). Personal Information includes, without limitation: (1) "Contact Data" (such as your name, mailing address and e-mail address); (2) "Demographic Data" (such as your country, state, city); and (3) "Financial Data" (such as your credit card number and expiration date). In each case, you will be asked to provide Personal Information; the Website will not gather it surreptitiously. Miche may supplement the Personal Information you provide with additional Personal Information gathered from public sources or from third-parties (e.g., consumer reporting agencies) who may lawfully provide such information to Miche. You are under no obligation to provide Personal Information, with the caveat that your refusal to do so may prevent you from using certain of the features and services available on the Website.
UPON CANCELLATION OF AN IMR’S MICH BUSINESS, YOU MAY REQUEST THAT WE PURGE YOUR PERSONAL INFORMATION BY COMPLETING AND SUBMITTING A PERSONAL INFORMATION PURGE FORM. WE WILL MAINTAIN YOUR PERSONAL INFORMATION UNLESS WE RECEIVE A COMPLETED PERSONAL INFORMATION PURGE FORM.
(d) Information you Make Public. The Website 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 your Personal Information. Any information that you choose to disclose by means of such features becomes public information over which Miche 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.
(d) Rank and Sales Volume Information. As an IMR in Miche’s direct selling business, you may advance in rank, recruit other IMRs, and/or generate sales of Miche’s products and services. Miche will gather and maintain data on your rank, sales volume and sales history, your downline sales organization, and other information and data relevant to your sales and business building activity. This information will be made available to your upline IMRs through their IMR Business Center.
- CHILDREN'S PRIVACY
- INFORMATION COLLECTION PRACTICES
INFORMATION USE AND DISCLOSURE PRACTICES
(a) Traffic Data and Information Gathered Using Cookies
Miche analyzes Traffic Data and information gathered using Cookies to help Miche better understand who is using the Website and how they are using it. By identifying patterns and trends in usage, Miche is able to better design the Website to improve your experience, and to serve you more relevant and interesting content.
(b) Personal Information
(i) Generally. Miche uses your Contact Data to send you information about Miche, Miche's products and services, Miche’s marketing and sales, your orders of Miche’s products and services, your independent business, and the Miche direct selling opportunity. Miche uses your Financial Data to bill you. Miche uses your Demographic Data to customize and tailor your experience on the Website.
(ii) Disclosure Practices
- Disclosure in Connection with Services. Miche 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.
- By Law or to Protect Rights. Miche discloses Personal Information when required to do so by law, or in response to a subpoena or court order, or when Miche believes in its sole discretion that disclosure is reasonably necessary to protect the property or rights of Miche, third parties or the public at large.
- Unpaid Accounts. If you fail to pay any balance owed in consideration of Services, Miche may, as permitted by law, report your Personal Information, including without limitation your unpaid balance, to consumer credit reporting services, collection agencies and others.
- Invite a Friend. When you invite family or friends to join the Miche network, Miche shall send an email on your behalf to the indicated recipient. Your name and email address will appear in the "From" line of such email.
- To help IMRs in Miche’s network marketing program manage their independent businesses, we provide your Miche sponsor and other upline Miche IMRs with your name, Miche rank, address, telephone number, and email address as well as data relating to your sales and recruitment activity through the Business Center to the Website.
CONSENT TO RECEIVE COMMUNICATIONS FROM MICHE AND OTHER MICHE IMRs
By registering with the Website and becoming a Member, you thereby consent to receive periodic email, Business Center and Website communications, and other communications from Miche regarding the Miche network marketing program, policies, new product offers, promotions and other matters. You further consent to receive periodic email, Business Center and Website communications, and other communications from other IMRs.
SECURITY OF PERSONAL INFORMATION
Miche has implemented and maintains reasonable security procedures and practices to protect against the unauthorized access, use, modification, destruction or disclosure of your Personal Information.
LOST OR STOLEN INFORMATION
You must promptly notify us if your credit, banking, other financial information, user name 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, user name or password from your account.
USER ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL INFORMATION
Miche wants your Personal Information to be complete and accurate. By using the Website, you represent and warrant that all information you provide on any registration form or otherwise in connection with your use of the Website and Services will be complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy. To confirm the completeness and accuracy of, or make changes to your Personal Information, visit your personal profile. Through your personal profile you may review and update your Personal Information that we have already collected.
- The Federal Rules of Evidence shall apply in all cases;
- The Parties shall be entitled to all discovery rights permitted by the Federal Rules of Civil Procedure;
- The Parties shall be entitled to bring motions under Rules 12 and/or 56 of the Federal Rules of Civil Procedure;
- The Federal Arbitration Act shall govern all matters relating to arbitration. The law of the State of Utah shall govern all other matters relating to or arising from the Agreement, without regard to principles of conflicts of laws.
- The arbitration hearing shall commence no later than 365 days from the date on which the arbitrator is appointed, and shall last no more than five business days;
- The Parties shall be allotted equal time to present their respective cases;
- The arbitration shall be brought on an individual basis and not as part of a class or consolidated action.
All arbitration proceedings shall be held in Salt Lake City, Utah. There shall be one arbitrator selected from the panel that the AAA provides. Each party to the arbitration shall be responsible for its own costs and expenses of arbitration, including legal and filing fees. The decision of the arbitrator shall be final and binding on the parties and may, if necessary, be reduced to a judgment in any court to which the Parties have consented to jurisdiction as set forth in the Agreement. This agreement to arbitrate shall survive the cancellation or termination of this Agreement.
The parties and the arbitrator shall maintain the confidentiality of the arbitration proceedings and shall not disclose to third parties:
- The substance of, or basis for, the controversy, dispute, or claim;
- The substance or content of any settlement offer or settlement discussions or offers associated with the dispute;
- The pleadings, or the content of any pleadings, or exhibits thereto, filed in any arbitration proceeding;
- The content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in arbitration;
- The terms or amount of any arbitration award;
- The rulings of the arbitrator on the procedural and/or substantive issues involved in the case.
Effective Date: October 1, 2011