Privacy Policy
This A-Power Privacy Policy (“Policy”) applies to A-Power Trading. and it is subsidiary and affiliate entities worldwide that link to and rely upon this Policy. It applies to all information collected by A-Power through its online properties and mobile applications (the “Sites”) where this Privacy Policy is posted. Some A-Power websites also link to their own territory-specific online privacy notices, which may contain additional information and disclosures to address local requirements. It also applies to information that A-Power collects through offline methods. Unless otherwise shown, this Policy does not apply to an A-Power Nutrition Independent Distributor’s (“Distributor” or “A-Power Distributor”) collection or use of information obtained by the Distributor directly from you or from sources other than A-Power, unless it then is shared with and kept by A-Power.
This Privacy Policy informs you of the kinds of information we may collect, how such information may be used, with whom such information may be shared, your choices regarding the collection, use, and sharing of such information, your ability to access and correct such information and the security procedures we used to protect this information.
1. What information does A-Power Nutrition collect?
A-Power limits the collection of personal information to what applies to the purposes of collection whether directly or through third parties acting on our behalf, and we always collect personal information using lawful and fair means, consistent with the jurisdiction governing the collection of personal information.
Information You Provide Us Directly
On different occasions, you may provide information directly to A-Power, such as your first and last name, mailing address, telephone number, email address, credit card information, banking information, and biographical information (including, but not limited to, date of birth, and marital status). For example, you may provide us with information when using the Sites or when becoming an A-Power Distributor or an A-Power Preferred Member (“Preferred Member”). If you do not provide us with the requested information, sometimes we cannot provide you with the service you have requested.
If you disclose to us any information about another individual, you are required to have secured the consent of that individual for disclosing such information to us.
Information About Your Device and Your Use of the Sites
We may gather certain information automatically, such as Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamps, your Site activity (including the Site content you view, mouse movements, mouse clicks, taps, swipes, and information you view), and/or clickstream data for purposes such as analyzing trends, administering the Sites, improving the function and content of the Sites, and enforcing our Terms. We use standard Internet technologies, such as cookies, web beacons, session replay/screen capture, and similar technologies to collect this information, as explained below in the section on cookies.
We may also collect precise information about your location, such as your mobile device’s GPS coordinates, cell tower information, and/or Wi-Fi signals. A-Power may use this information to personalize your experience in connection with your use of the Sites, Nutrition Clubs, or other A-Power products and services. If you do not want A-Power to collect and use your specific geolocation information, you can disable the location features on your device. Check your device manufacturer settings for how to do so.
Information from Third-Party Sources
We may receive additional information about you from public and commercially available sources and other third parties. Distributors may also share information about you with A-Power. If you access third-party services, such as Facebook, Google, or Twitter through the Sites, to log in to the Sites or to share information about your experience on the Sites with others, we may collect information from these third-party services. We may combine all the information we collect and receive about you, both online and offline, and use or disclose it in the manner described in this Privacy Policy.
We may also receive the following personal information about you from our distributors, depending on what you choose to provide to them: name, contact information, payment information, and wellness information (including but not limited to height, weight, and BMI).
2. How does A-Power use my information?
We use the information we collect about you for a variety of purposes, including providing you with the products, services, and support you request; processing your transactions and shipping your orders; communicating 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, surveys, questionnaires, and other materials; improving our products, services, and operations; and ensuring compliance with our company policies and rules 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. We also use this information to validate sales made by A-Power Distributors, to help A-Power Distributors search for, communicate with, and validate customers in our systems, and for A-Power compliance purposes. A-Power or its allowed third parties may contact you directly for these purposes using various contact methods described below.
A-Power may also use this information to support the operation of the Preferred Memberships and Distributorships and to maintain the proper functioning of the A-Power Sales & Marketing Plan. For example, information about Preferred Members may support, calculate, and track your product discount and provide you with information on special promotions. Information about A-Power Distributors may support, calculate and track discounts, earnings, and bonuses, issue payments to and report income to tax authorities, provide training, and ensure compliance with applicable law and company policies, plans, and agreements, including the Distributorship Application and Agreement.
We may keep your information for as long as needed to provide your services; fulfill other legitimate business needs, such as maintaining the proper function of the Sales & Marketing Plan; fulfill our compliance and legal obligations; and resolve disputes and enforce our agreements, including the Distributorship Agreements.
3. With Whom does A-Power Share my Information?
Affiliates and Partners
We may share any of the personal information described above in Section 1 with our affiliates (companies that control, are controlled by, or are under common control with, A-Power) as well as select partners. Examples of how these entities may use your information include making predictions about your interests and providing you with special offers, promotions, advertisements, and other materials.
Vendors & Service Providers
We may share any of the personal information described above in Section 1 with vendors and service providers that perform functions on our behalf. Examples of such functions include fulfilling orders, delivering packages, email administrative functions, processing credit card payments, providing customer service, and market research. Vendors and service providers must handle your personal information under A-Power instructions and are prohibited from using or disclosing your personal information for any other purpose.
A-Power Independent Distributors
If you are an A-Power Distributor, Preferred Member, or Customer, we may share your information with other A-Power Distributors, including without limitation as part of a Lineage Report which contains information (such as name, contact information, level or rank, and volume and sales statistics) on other Distributors and Preferred Members in an A-Power Distributor’s downline. (The downline organization comprises all Distributors and Preferred Members that were sponsored by a particular Distributor, and all other persons sponsored by the subsequent Distributors.) To the extent the Lineage Report contains data from persons outside of the United States, we have taken appropriate measures to protect the data under applicable law. We provide lineage reports to distributors in strict confidence and for supporting the Distributors in further developing A-Power businesses, including marketing tools and platforms.
We may share your information with distributors to offer and provide you with products and services, and these Distributors. A-Power Distributors who receive your information are bound by the terms of their Distributorship Agreement and the privacy and data protection covenants contained. Some of these distributors may be based in countries that do not offer the same or a similar level of privacy protection as is available in your own country.
Legal & Compliance Disclosures
We may also disclose your information: as required by law, such as to comply with a subpoena, legal proceedings, or similar legal process, including disclosure to allow third-party auditors; or when we believe in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate or prevent fraud, or respond to a government request.
Business Transitions
We may share your information if A-Power is involved in a merger, acquisition, or sale of or transfer of assets, or in the unlikely event of bankruptcy.
Other Parties with Your Consent
Besides the sharing described in this Privacy Policy, we may also share information about you with third parties for any other purpose disclosed to you at the time we collect the information or under your consent or direction.
4. How will A-Power Communicate with me?
A-Power may communicate with you via email, postal mail, telephone, text message, or other means regularly to provide requested products and services and/or regarding issues relating to your A-Power business (if you are a distributor). In order to validate customer sales, A-Power may communicate with you via email, postal mail, telephone, text message, or other means regularly (if you are a customer).
You may receive periodic information on A-Power business, products, services, special deals, and the A-Power Family Foundation through various communication means, as described above. A-Power Distributors and Preferred Members may manage certain communications within their A-Power subscription center. In addition, you may manage these kinds of communications by following the instructions provided.
5. Is my Personal Information Secure?
We take reasonable steps to ensure that the personal information we collect about your remains accurate, timely, and secure. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure and while we strive to protect your personal information, we cannot guarantee or warrant its complete security.
6. How can I Access or Correct my Information?
A-Power respects your control over your information. Sometimes, you may visit one or more of our Sites to verify and update certain information (for example, certain Distributor and Preferred Member account information on A-Power). Upon request, we will confirm whether we hold or are processing the information that we have collected from you. You may amend or update inaccurate or incomplete personal information, request deletion of your personal information, or request that we no longer use it. Under certain circumstances we cannot fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but we will respond to your request within a reasonable timeframe and provide you an explanation. Our typical response time for requests is 30 days. In order to make personal information requests, please contact us online or offline, using the information below.
Submit your request here: https://a-power.shop/contacts
7. International Transfers.
We are headquartered in the Philippines. Please be aware that information you provide to us or that we obtain because of your use of the Sites may be collected in your country and subsequently transferred to another country under applicable law. Using the Sites demonstrates your consent to the processing of information as described in this policy.
8. Children’s Information.
The Sites are general audience websites that are not directed to children younger than 13. We do not knowingly collect, use, or disseminate any personal information from children under the age of 13 unless permitted by law. If you believe we may have collected personal information from your child on the Sites, please contact us at privacy@a-power.shop and we will make reasonable efforts to delete it from our records when required by law.
9. Cookies and Tracking.
A-Power, as well as certain third parties that provide content and other functionality on our Sites, uses cookies, web beacons, session replay/screen capture, and other similar technologies for various purposes, including analyzing trends, administering the website, tracking users’ movements around the Sites and to gather demographic information about our user base.
Cookies are small pieces of information that are stored on computer hard drives. A cookie enables the entity that put the cookie on your device to recognize it across different websites, services, devices, and browsing sessions. For example, we may use cookies to recognize you when you return to the Sites in order to provide you with a better user experience. We may allow third parties to use cookies on the Sites but we do not control the use or contents of third-party cookies. Web browsers often allow you to configure the browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. If you elect to reject cookies, please note that you may not take full advantage of the features and functions of the Sites. To learn more about cookies and how to manage them, please visit http://www.allaboutcookies.org/.
Web beacons and similar technologies are small bits of code, which are embedded in web pages, advertisements, and e-mails that communicate with third parties. We use web beacons, for example, to count the number of users who have visited a particular web page, to deliver or communicate with cookies, and to understand usage patterns. We also may include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.
There are other local storage and internet technologies, such as Local Shared Objects (also referred to as “Flash cookies”), HTML5 local storage, and embed scripts, which can operate similarly to the cookies discussed above. Please note that these technologies are distinct from cookies, and you may not control them using standard browser tools and settings. For information about managing Flash cookies, please click https://www.adobe.com/privacy.html. To learn more about Adobe analytics and to opt-out, click https://www.adobe.com/privacy.html.
We may use Bluetooth beacon technology to improve the Nutrition Club experience. Mobile devices that have enabled Bluetooth can receive a signal when between a beacon. The signals will not be received unless the user has turned on Bluetooth, installed an A-Power mobile application, and enabled push notifications. The beacon functionality may allow for notifications, customer check-ins, and payments. You can disable the beacon functionality in the app’s settings.
10. Do Not Track.
Web browsers may allow you to send “Do Not Track” requests. We do not currently take actions to respond to Do Not Track signals because there is no current industry standard concerning what websites should do when they receive such signals. We continue to review new technologies and may adopt a standard if it created one.
11. Online Advertising.
We may display advertising on our website 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 our Sites and other sites to provide you with advertisements on the Sites and elsewhere online based on your browsing history and tailored to your interests, preferences, and characteristics. Cookies or other similar technologies may provide you with advertising based on your browsing activities and interests. We are not responsible for the privacy practices of these third parties, and this policy does not cover the information practices of these third parties.
Some third parties collect information about users of our Sites to provide interest-based advertising on our Sites and elsewhere, including across browsers and devices. These third parties may use the information they collect on our Sites 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 take part in industry-developed programs designed to provide consumers with choices about whether to receive targeted advertising. Because of the 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 take part in the Digital Advertising Alliance or Network Advertising Initiative opt-out programs, please visit the websites operated by the Network Advertising Initiative (//www.networkadvertising.org/choices/) and the Digital Advertising Alliance (//www.aboutads.info/choices/). You may also 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. Further information in local languages may be available at https://www.youronlinechoices.com/. 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 our Sites may be degraded.
12. Online Forums.
The Sites may offer publicly accessible community forums. You should know any information you provide in these areas is public and may be read, collected, and used by others who access them. To request the removal of your personal information from these forums, email us at privacy@a-power.shop. Sometimes, we may not remove your personal information.
13. Third-Party Links.
The Sites may contain links to websites operated and maintained by third parties over which we have no control. Any information you provide to third-party websites will be governed under the terms of each website's privacy policy and we encourage you to investigate such policies before disclosing any information to the operators of third-party websites. We have no responsibility or liability for the content, actions, or policies of third-party websites. Including links to third-party websites on our Sites does not make up an endorsement of such websites' content, actions, or policies.
14. Third-Party Functionality.
It may provide some of the functionality on the Sites by third parties that are not affiliated with A-Power. These entities may collect or receive certain information about your use of the Sites, including through the use of cookies, Web beacons, and similar technologies. A-Power is not responsible for the privacy practices of these entities.
If you access third-party services, such as Facebook, Google, or Twitter, through the Sites, to login into the Sites or to share information about your experience on the Sites with others, these third-party services may collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, under their own privacy policies.
15. Modifications to this policy.
This Privacy Policy was last updated on the date listed at the beginning of this policy. A-Power reserves the right to change this Privacy Policy. If we propose to make any material changes, we will notify you through a notice on this page prior to the change becoming effective. Your subsequent use of the Sites will be deemed an acceptance of such changes. Be sure to review this Privacy Policy periodically to ensure familiarity with its most current version. By using the Sites following the posting of changes to this Privacy Policy, you agree to all such changes.
Supplemental Privacy Policy of A-Power.
This document is a supplement to, and an integral part of, the A-Power Global Privacy Policy which shall apply if the same is consistent with Republic Act No. 10173, otherwise known as the “Data Privacy Act of 2012”, its Implementing Rules and Regulations, as well as other issuances of the National Privacy Commission (“NPC”).
In collecting and processing personal information, A-Power Trading seeks to adhere to the general privacy principles of transparency, legitimate purpose, and proportionality, and such other relevant principles in the collection, processing, and retention of personal information as required by applicable laws and rules.
Storage and Access to Personal Data
Access to systems containing personal information must be requested and approved by management and is limited to those employees who require accessing the information as part of their job function.
Protection of Personal Data
A-Power implements reasonable and appropriate organizational, physical and technical measures intended to protect your personal data against any accidental or unlawful loss, destruction, access, alteration, or disclosure, including protection against natural and human dangers.
Sharing of Personal Information with Third Parties
In addition to that which is stated in the A-Power Global Privacy Policy, A-Power may share personal information with third parties for legitimate business purposes after notifying the data subject and securing his/her consent.
Data Breaches
In case any data breach occurs, A-Power will comply with its obligations to notify all relevant parties as required under the Data Privacy Act of 2012.
Inquiry, Access or Corrections, and Removal
In addition to the rights set forth in Section 16 of the A-Power Global Privacy Policy, you have the right to be informed whether your personal data is being processed, be furnished with information regarding the processing of your data, the right to access, correct, or receive an electronic copy of your data, the right to lodge a complaint before the NPC, the right to suspend, withdraw or order the blocking, removal or destruction of your personal information from our systems upon discovery and substantial proof that the personal information is incomplete, outdated, false, unlawfully obtained, used for unauthorized purposes or are no longer necessary for the purposes for which they were collected, and be indemnified for any damages sustained because of such inaccurate, incomplete, outdated, false, unlawfully obtained or unauthorized use of personal information.
Upon request, A-Power will provide you a description of the specific personal information collected and the nature and extent of the processing and access to, upon demand and under reasonable circumstances, the following information:
- The content of your personal information that was processed
- The sources from which we got your personal information
- The manner by which such personal information was processed
- The names and addresses of third-party recipients of your personal information, if any;
- The reasons for the disclosure of the personal information to recipients, if any;
- Information on automated processes where the personal information will, or is likely to, be made as the sole basis for any decision that significantly affects or will affect you;
- The date when your personal information was last accessed and changed
- The designation, name or identity, and address of the personal information controller.
If you refuse, withdraw consent, or object to the collection, maintenance, and processing of your personal information by us, we will make reasonable efforts to delete such from our records. Any deletion of personal information will be done in a secure manner that will prevent further processing, unauthorized access, or disclosure to any other party or the public, or prejudice the interests of the data subjects.
