AmaraWave
Privacy Policy
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.
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.
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: __________[SR1] .
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.
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.
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 [email protected] (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 [email protected]. 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 [email protected].
10. Miscellaneous
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 [email protected]. 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 [email protected]. 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 [email protected].
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.
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 [email protected]. 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:
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):
Examples of these types of uses include:
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:
Disclosure of Personal Information
We may disclose personal information to the following categories of third parties:
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:
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.
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 [email protected]. 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 [email protected] 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 [email protected]. 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 [email protected]