Privacy Policy

Miche, LLC (“Miche” or the “Company”) is committed to respecting the privacy rights of those visiting MyMiche Personal Websites (the “Website”) of Independent Miche Representatives (“IMR”). Miche created this Privacy Policy to give you confidence as you visit and use the Website, and to demonstrate its commitment to fair information practices and to the protection of privacy.

This Privacy Policy is only applicable to the Website and not to any Third-Party Websites, 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.

BY USING THE WEBSITE, 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 WEBSITE.

Miche does not solicit or knowingly collect personally identifiable information from children under the age of 13. If Miche obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, Miche will immediately delete such information from its database. Because Miche does not collect personally identifiable information from children under the age of 13, Miche has no such information to use or disclose to third parties. Miche has designed this Privacy Policy in order to comply with the Children's Online Privacy Act (COPPA).

(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.

(b) Cookies. A "Cookie" is a string of information that a website stores on a user's computer, 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 Website. Miche uses Cookies to customize your experience on the Website 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 Website. For additional information on Miche's uses of Cookies, see the section concerning Information Use and Disclosure Practices/Traffic Data and Information Gathered Using Cookies, below.

IF YOU DO NOT WISH TO HAVE COOKIES PLACED ON YOUR COMPUTER, YOU SHOULD SET YOUR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN OF THE SERVICES AND CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF COOKIES. IF YOU REFUSE COOKIES, YOU ASSUME ALL RESPONSIBILITY FOR ANY RESULTING LOSS OF FUNCTIONALITY.

(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.

  1. CHILDREN'S PRIVACY
  2. INFORMATION COLLECTION PRACTICES
  3. 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
    Except under the following circumstances and otherwise as set forth in this Privacy Policy, Miche will keep your Personal Information private and will not sell it to or share it with third parties.

    • 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.
    • Business Transfers; Bankruptcy. Miche 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 Miche' 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 Miche' successor organization.
    • 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.
  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. THIRD-PARTY WEBSITES

    Miche neither owns nor controls Third-Party websites that may link to or from the Website. Accordingly, Third-Party Websites are under no obligation to comply with this Privacy Policy except with respect to Personal Information provided directly to them by Miche. Before visiting or providing Personal Information to a Third-Party website, you should inform yourself of the privacy policies and practices (if any) of that Third-Party website, and should take those steps necessary to, in your discretion, protect your privacy.

  9. PROMOTIONAL ACTIVITIES

    From time to time, Miche may conduct contests, giveaways and other promotions (collectively, "Promotional Activities"). Any information submitted in connection with Promotional Activities will be treated in accordance with this Privacy Policy. From time to time, Miche may also ask you to participate in surveys designed to help Miche improve the Websites, its products, services, or the Miche network marketing program. Any Personal Information provided to Miche in connection with any survey will be used only in relation to that survey, and will not be disclosed to third parties not bound by this Privacy Policy only in aggregated form.

  10. DISPUTE RESOLUTION

    For claims seeking $10,000.00 or more that arise from or relate to this Privacy Policy, prior to filing arbitration as set forth below, the parties shall meet in good faith and attempt to resolve such dispute through confidential non-binding mediation. One individual who is mutually acceptable to the parties shall be appointed as mediator. If the Parties cannot agree on a mediator, the complaining party shall request a mediator be appointed by the American Arbitration Association (“AAA”). The mediation shall occur within 60 days from the date on which the mediator is appointed. The mediator’s fees and costs, as well as the costs of holding and conducting the mediation, shall be divided equally between the parties. Each party shall pay its portion of the anticipated shared fees and costs at least 10 days in advance of the mediation. Each party shall pay its own attorney’s fees, costs, and individual expenses associated with conducting and attending the mediation. Mediation shall be held in Salt Lake City, Utah, and shall last no more than two business days.

    Except as otherwise provided in this Privacy Policy, any controversy or claim arising out of or relating to the Privacy Policy, or the breach thereof, shall be settled through confidential arbitration. The Parties waive rights to trial by jury or to any court. This arbitration provision applies to claims that were not successfully resolved through the foregoing mediation process as well as claims for less than $10,000.00 not subject to the mediation requirement. The arbitration shall be filed with, and administered by, the American Arbitration Association in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website at www.adr.org. Copies of the AAA’s Commercial Arbitration Rules and Mediation Procedures will also be emailed to IMRs upon request to Miche’s Customer Service Department. Notwithstanding the rules of the AAA, unless otherwise stipulated by the Parties, the following shall apply to all Arbitration actions:

    • 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.

    Notwithstanding the foregoing, nothing in this Privacy Policy shall prevent either party from applying to and obtaining from any court to which the Parties have consented to jurisdiction as set forth herein, a temporary restraining order, preliminary or permanent injunction, or other equitable relief to safeguard and protect its trade secrets and intellectual property rights, trade secrets, and/or confidential information.

    Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in the United States District Court for the District of Utah or the Third Judicial District, State of Utah. 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 this Privacy Policy.

  11. UPDATES AND CHANGES TO PRIVACY POLICY

    Although most changes are likely to be minor, Miche reserves the right, at any time, upon 30 days’ notice, to amend this Privacy Policy. Notice of changes shall be posted on the replicated website and/or your Business Center. Unless Miche obtains your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier Privacy Policy. Dispute resolution provisions may be amended upon 30 days’ notice posted on the Website and/or in your Business Center. Amended dispute resolution provisions shall not apply to conduct that occurred prior to the effective date of the amended provision.

Effective Date: October 1, 2011