Privacy Policy
Effective Date: December 9, 2022
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This Privacy Policy applies to this website and all websites ("Sites") and mobile applications ("Mobile Apps" and collectively the "Services") operated by Market America Worldwide, Shop MA, Inc., SHOP.com Marketplace, Inc., Market America, Inc. and each of their various subsidiaries and affiliated companies ("Market America").
We appreciate the trust you've placed in us, and we want you to know what information we collect from you and how we use and share it. By visiting the Site or using a Mobile App, you accept the practices described in this Privacy Policy.
This Privacy Policy describes how Market America (“we” or “Market America”) collects, uses, shares and protects information when you interact with our main website (www.marketamerica.com) or mobile app, as well as all of our websites, emails we send, social media accounts, and online services (our “Services”).
This Privacy Policy explains the following:
Please note that this Privacy Policy does not apply to non-Market America websites or services that state that they are offered under a different privacy policy. Please review the privacy policies on those websites and applications directly to understand their privacy practices.
For questions about our privacy practices, contact us at: [email protected] or write to us at:
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, NC 27409
How We Collect information
We may collect information about you by following means:
- Directly from you, when you provide information to us or interact with us or our affiliates;
- Automatically from you, when you utilize or interact with our Services;
- From credit reporting agencies and other entities that provide credit scoring, identity verification, fraud prevention, and similar services;
- From online advertising companies who may share information about the marketing and advertisements you have seen or clicked on, and from social networks and other sources of publicly available data;
- From other third party sources that provide consumer data, such as information about your interests, demographic information, and marketing inferences.
Information We Collect
In order to better provide you with our Services, we may collect the following categories of information:
- Contact information and any other information you choose to include when you communicate with us via e-mail, mail, phone or other channels;
- Profile and subscription information, such as a username and password, your name, mailing address, e-mail address, phone number, date of birth, gender, and usage and subscription preferences, which may include signing up to some of our Services or communications from us;
- Transactional information including payment information and payment history if you engage in transactions through the Services;
- Device information when you utilize our technology platforms, including as model, serial number, device location, usage data, and operating information;
- Survey information in response to questions we may send you through the Services, including for feedback and research purposes;
- User Content you may provide to publicly post via the Services (e.g., comments);
- Online User Activity described in the next section.
- Biometric Information, such as height, weight, facial geometry, and other information you submit for a questionnaire or testimonial
Some of this information may be collected by external parties on our behalf.
If you provide us with information regarding another individual, you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this policy.
Online User Activity, Cookies and Information Collected by Other Automated Means
When you interact with the Services, certain information about your use of our Services is automatically collected. This includes:
- Usage Details about your interaction with our Services (such as the date, time, and length of visits, and specific pages or content accessed during the visits, search terms, frequency of the visits, referring website addresses);
- Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type and unique device identifier, operating system, browser type, mobile network information, and the device's telephone number);
- Location information where you choose to provide the website with access to information about your device’s location;
- Site usage and session information. We collect information about your interaction with the Services, including the resources that you access, pages viewed, how much time you spent on a page, and how you reached our website. We also log the details of your visits to our website and information generated in the course of using our website, such as mouse movements, clicks, page visits, text entered, how long you spent on a page, and other details of your actions on our website.
Much of this information is collected through cookies, web beacons, and other tracking technologies, which may be operated by our partners who assist us in serving ads or providing other services to you. Below is a list of our partners with links to more information about their use of your data and how to exercise your options regarding tracking.
You may be able to opt out tracking by cookies or control how information collected by cookies is used via a number of means, as described below.
Your browser or device may include “Do Not Track” functionality. Because definitions and rules for a “Do Not Track” standard have not yet been established, including whether such signals must be user-enabled, we do not yet respond to “Do Not Track” signals sent from browsers.
How We Use Your Information
We use the information we collect from you for the following purposes:
- Provide our Services to you, including to maintain your account, manage any purchases or transactions, and provide product recall information or other important notices;
- Respond to your requests, questions and comments and provide customer support;
- Monitor the performance of our Services including metrics such as total number of visitors, traffic, and demographic patterns;
- Interact with you, including to notify you regarding products, services, and promotions that may be of interest to you and inform you about important changes to this Privacy Policy, our Terms or other policies;
- Tailor the content we display to you in our Services and communications, including advertising, and offer products and services that we believe may be of interest to you;
- Manage, operate, and improve the Services and grow our business, including understanding our customer base and the effectiveness of our marketing, events, promotional campaigns, and publications, and diagnose or fix technology problems;
- Evaluate, recruit, and hire personnel;
- Comply with legal requirements and industry standards, detect, investigate, and prevent activities that may violate our policies or be fraudulent or illegal, and protect the rights of Market America, you, or others.
We may use and share information in an aggregated or de-identified manner data at our discretion, including for research, analysis, modeling, marketing, and improvement of our Services.
How We Share Your Information
- Service Providers. We may share your information with service providers that we believe need the information to perform a technology, business, or other professional function for us such as billing and collection, IT services, maintenance and hosting of our Services, payment processors, marketing partners, accounting, auditing, and tax services, and other professional services.
- Analytics. We partner with analytics providers, who collect information via tracking technologies on our websites to assist us with measuring visits and traffic on our websites so we can measure and improve the performance of the sites.
- Independent Shop Consultants. In order to provide the best service to our customers, we will assign you an independent Shop Consultant. We share your order information, some of your personally identifiable information and information about your spending habits with the person or business entity assigned as your Shop Consultant.
- Nutri-Physical Questionnaire. If you participate in our personalized nutrition and nutraceutical questionnaires, we may share our product recommendations with the person or business entity assigned as your independent Shop Consultant, which may contact you by the email you provide, to offer products, promotions and any other pertinent information to best attend your needs.
- Co-Branding Partners. In Co-Branded Partnerships that provide unique benefits to certain loyal customers, we may acquire, share with our Co-Branding Partners or use personal information to communicate special offers, provide additional benefits or for other related uses.
- Card Linked Offers. We may use the payment card information and transaction details that you provide or we receive from third parties in connection with card-linked offers. For more information, please see the SHOP Local Card Linking Terms of Use.
- Charitable Organizations. We may offer opportunities for you to make purchases or donations to promote the charitable mission of certain organizations. When you participate in these offers, your personally identifiable information may be forwarded to the charitable organization so that it may recognize your donation and provide follow up communication.
- Advertising. We partner with third parties who assist us in serving advertising regarding the Services to others who may be interested in the Services, or who use cookies to display interest-based advertising to you on the Services. These third parties may use tracking technologies on our Websites to collect or receive information from the Services and elsewhere on the internet and use that information to provide measurement services and target ads. Third parties may allow other companies to access information about you so that they may market other products you may be interested in.
- Social Media. If you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Services (for example, by clicking on a Facebook “like” button), both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform.
- Affiliates. We share information with other entities in our corporate family, for purposes consistent with this Privacy Policy.
- Corporate Event. We reserve the right to transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. We cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.
- Legal. We share information where necessary to comply with applicable law, to respond to requests from law enforcement agencies or other government authorities or third-parties, as permitted by law and without your consent when it is necessary to protect our customers, employees, or property; in emergency situations; or to enforce our rights under our terms of service and policies.
How We Protect and Store Your Information
We use a combination of physical, technical, and administrative safeguards to protect the information we collect through the Services. While we use these precautions to safeguard your information, we cannot guarantee the security of the networks, systems, servers, devices, and databases we operate or that are operated on our behalf.
If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries.
Your Privacy Options
You may have certain choices when it comes to how we collect and use your information:
- Account Information. Please visit the My Account page to update your information and payment method.
- Email Marketing. If at any time you no longer wish to receive marketing communications from us, you can click the unsubscribe link at the bottom of any email or email us at [email protected].
- Online Activity Tracking and Interest-Based Advertising. You have several options to either prevent our collection of information regarding your online activity, or prevent third parties from using such information from being used for interest-based advertisements:
- You can opt out or set preferences regarding cookies when a device you utilize visits the Sites, by clicking here to access our cookie management tool.
- You may be able to set preferences or block tracking across the internet by a particular third party by interacting directly with the third parties who conduct tracking through our Services by following the links provided above.
- You can usually modify your browser setting to disable or reject cookies across the internet. Note that if you delete your cookies or if you set your browser to decline cookies, some features of our website or Services may not function properly or be available.
- If you are visiting the Services from a mobile device, the operating system of the device may offer you options regarding how the device collects and uses your information for interest-based advertising. Click here for more information.
- Visit https://www.networkadvertising.org or https://www.aboutads.info to learn more about your options for opting out of interest-based advertising (or if located in the EEA, UK, or Switzerland, click here). Please note this does not opt you out of being served ads.
- Disclosure to Third Parties for Marketing Purposes. You may opt-out of disclosure of your information to third parties who offer products and services you may be interested in by emailing us at [email protected]. If you are a CA resident, click here for additional options.
Children's Information
We do not knowingly or intentionally gather Personal information about children. If we have inadvertently collected the Personal Information of a child under 16, or equivalent minimum age depending on jurisdiction, a parent or guardian of that child may contact us at [email protected] to request that we delete the information from our records or otherwise cease the use of that information in accordance with applicable law.
How Long We Keep Your Information
We strive to retain information as long as necessary to fulfill the purposes for which we collected it, for legitimate business reasons, or as required by law. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure or your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and applicable legal requirements.
Jurisdiction-Specific Notices
Certain jurisdictions may provide additional rights to individuals with respect to the collection and use of personal information that we have collected. For example, you may have the right to request that we: (i) disclose to you any personal information that we have about you; (ii) correct or delete personal information that we have about you (subject to certain exceptions); or (iii) not disclose or sell your information to a third party (excluding qualified service providers). If you are a resident of any of the following jurisdictions, click on your location to learn more.
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California
Your California Privacy Rights
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties for those third parties’ own direct marketing purposes. If you are a California resident, you may opt-out of such sharing by emailing us at [email protected] or mailing a written request to
Market America, Inc.
1302 Pleasant Ridge Road
Greensboro, NC 27409
Attn: Legal Department
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of information about them, as well as rights to know/access, delete, and limit sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights.
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
Categories of Personal Information Collected
You have the right to receive notice of the categories of Personal Information we collect, and the purposes for which those categories of Personal Information will be used. The categories we use below to describe the information are those enumerated in the CCPA.
The following chart describes information we collect when you act as a customer or prospective customer of our products and services or visit our website. The sources of this Personal Information are described in the Information We Collect section above. We collect this Personal Information for the purposes described in the “How We Use Your Information” section above.
| Category |
Example |
Sold to |
Disclosed to |
| Personal Identifiers |
name, email address, phone number, and contact address, username, and basic account information, unique identifiers (such as those assigned in cookies) |
Not sold |
Service Providers |
| Personal information categories listed in the California Customer Records statute (Cal. Civ Code 1798.80(e)) |
name, signature, social security number, physical characteristics or description, address, telephone number, education employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information or dietary information |
Not sold |
Service Providers |
| Protected classification characteristics under California or Federal law |
Race; gender, pregnancy status (if provided) |
Not sold |
Not disclosed |
| Commercial information |
transaction information, billing records, payment records, order history |
Not sold |
Service Providers |
| Biometric Information |
Face geometry, body composition |
Not sold |
Not sold |
| Internet or other similar network activity |
unique numerical identifier, cookie or tracking pixel information, device ID, browsing history, search history, IP address, interaction with a website, interaction with an application, or interaction with advertisement |
Analytics and Advertising Partners |
Service Providers |
| Geolocation data |
coarse information (e.g., ZIP code, IP address), device location |
Analytics and Advertising Partners |
Service Providers |
| Audio, electronic, visual, thermal, olfactory, or similar information |
call recording (e.g., customer service calls) |
Not sold |
Service Providers |
| Professional or employment related information |
employment history, performance appraisals |
Not sold |
Service Providers |
| Education information |
institutions attended; transcripts |
Not collected |
Not collected |
Right to Opt Out of Sale of Personal Information to Third Parties
You have the right to opt out of the sale of your Personal Information by Market America to third parties. To exercise your right to opt out of the sale of your Personal Information, click here.
Right to Know and Request Access to and Deletion of Personal Information
You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
How to Submit a Request
You may submit a request to exercise your rights to know/access or delete your Personal Information through one of two means:
- By filling out a Consumer Data request Form available here
- By calling us at 1-866-420-1709
Upon submission of your request, we will contact you (via the email address provided in your request) with instructions on how to verify the request, after which we will check our records for matching information and aim to complete requests as soon as reasonably practicable and consistent with any applicable laws. You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf through these means.
Notice of Financial Incentive
We may offer rewards, discounts or other benefits to consumers enrolled in certain promotional or loyalty programs, such as a percentage off your next purchase when you sign up for email promotions from Market America. Consumers can opt-out of individual programs in their account settings or by contacting us as indicated above. You may also submit a request that we delete your Personal Information as described in this Privacy Policy.
Market America does not generally assign monetary or other value to consumers’ Personal Information, and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, Market America values the Personal Information as being equal to the value of the discounts or other financial incentives provided in each such program. Such calculation is based upon a practical and good-faith effort to assess, on an aggregate basis for all collected information, (1) the data elements collected (e.g., email address), (2) the use of such information by Market America in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer’s purchases under such offers), (4) the number of consumers enrolled in respective programs, and (5) the product or service to which the benefits (such as price difference) applies. These values can change over time. Note that this description is without waiver of any proprietary or business confidential information, including trade secrets, and it does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
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Nevada
Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties who will sell or license their information to others. If you are a Nevada resident and would like to make such a request, please email [email protected].
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Virginia
Virginia law provides Virginia residents with rights to access, delete, and correct certain "Personal Data" we collect about them, as well as to restrict the use of that Personal Data for targeted advertising, restrict the “sale” of that Personal Data, and control our use of Personal Data considered sensitive. If you are a Virginia resident, you also have a right not to receive discriminatory treatment for the exercise of your privacy rights. The Virginia Consumer Data Protection Act defines “Personal Data” to mean “any information that is linked or reasonably linkable to an identified or identifiable natural person.” When we use the term “Personal Information” in our Privacy Policy, it includes Personal Data covered by this definition.
You or your authorized agent may submit a request to exercise your access, deletion, and correction rights. To submit a request to access your data click here. To submit a request to delete your data click here.
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Colorado
Colorado law provides Colorado residents with rights to access, delete, and correct certain "Personal Data" we collect about them, as well as to restrict the use of that Personal Data for targeted advertising, restrict the “sale” of that Personal Data, and control our use of Personal Data considered sensitive. If you are a Colorado resident, you also have a right not to receive discriminatory treatment for the exercise of your privacy rights. The Colorado Privacy Act defines “Personal Data” to mean “information that is linked or reasonably linkable to an identified or identifiable individual.” When we use the term “Personal Information” in our Privacy Policy, it includes Personal Data covered by this definition.
You or your authorized agent may submit a request to exercise your access, deletion, and correction rights. To submit a request to access your data click here. To submit a request to delete your data click here.
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EEA, Switzerland, or the UK
If you are located in the EEA, Switzerland, or the UK, you are entitled to certain rights, subject to applicable exceptions, under the GDPR, Swiss, and UK data protection laws. Please note that, in order to verify your identity, we may require you to provide us with information prior to accessing any records containing information about you.
We typically will process your information pursuant to the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services to you; or (3) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data privacy. We also may process your information where it is necessary to comply with a legal obligation to which we are subject.
- Right of Access: You have the right to obtain confirmation as to whether we are processing personal data about you, and if so, request a copy of the personal data. If you would like a copy of the personal data that we hold about you, please send a description of the personal data you would like a copy of and proof of your identity to our email as set forth below.
- Right to Correction: You have the right to correct any inaccuracies in the personal data that we hold about you and, where applicable, to complete any incomplete personal data that we hold.
- Right to Erasure: You have the right to request that we erase the personal data that we hold about you if one of the conditions in Article 17 of the GDPR applies. The right to erasure does not apply in certain circumstances, including where the processing is necessary for the establishment, exercise, or defense of legal claims.
- Right to Restriction of Processing: You have the right to restrict our processing of your personal data if one of the conditions in Article 18 of the GDPR applies.
- Right to Data Portability: You have the right to receive personal data concerning you in a structured, common, and machine-readable format or request transmission of the data to a third party, if the conditions in Article 20 of the GDPR are met.
- Right to Object: You have the right to object to the processing of your personal data based on our legitimate interests at any time. We will no longer process the data, unless there are compelling legitimate grounds for our processing that override the interests, rights, and freedoms of the data subject, or the processing serves the purpose of asserting, exercising, or defending legal claims. You also have the right to object at any time to the use of your data for direct marketing.
- Right to Withdraw Consent: If we are processing your personal data based on your consent, you have the right to withdraw your consent at any time.
To submit a request to exercise your rights, please fill out a Consumer Data Request Form here. We may have a reason under the law why we do not have to comply with your request, or may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.
Cross-border Transfer of Data
If you use our Services outside of the United States, you understand that we may collect, process, and store your personal information in the United States and other countries. The laws in the U.S. regarding personal information may be different from the laws of your state or country. Any such transfers will comply with safeguards as required by relevant law. By using the Services, you consent to the collection, international transfer, storage, and processing of your data.
Retention
As a general rule, we keep your data for only as long as it is needed to complete the purpose for which it was collected or as required by law. We may need to keep your data for longer than our specified retention periods to honor your requests, including to continue keeping you opted out of marketing emails, or to comply with legal or other obligations.
Lodging a Complaint
Users that reside in the EEA, Switzerland, or the UK have the right to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here.
Updates to this Privacy Policy
We may make changes to this Policy from time to time. The “Effective Date” at the top of this page indicates when this Privacy Policy was last revised. We may also notify you in other ways from time to time about the collection, use, and disclosure of your personal information described in this Policy.
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