Last Revised: July 1, 2023

This Privacy Policy (“Policy”) governs the manner in which XAYÄI natural and its U.S. affiliate entities (collectively, "XAYÄI natural") collect, use, maintain, and disclose information collected through its online properties, including xayainatural.com & xayäi.com, and mobile applications (collectively, the "Sites") where this Privacy Policy is posted, as well as through offline methods. This Policy also applies to information that XAYÄI natural collects through offline methods. Unless otherwise indicated, this Policy does not apply to a XAYÄI natural Independent Distributor’s collection or use of information obtained directly from you or from sources other than XAYÄI natural, unless it is then shared with and retained by XAYÄI natural.

Purpose of this Privacy Policy

The purpose of this Privacy Policy is to inform 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, update, and correct such information, and the security procedures we use to protect this information.

1. Information XAYÄI Natural Collects

Information You Provide Us Directly

During various occasions, you may provide information directly to XAYÄI natural, such as your first and last name, mailing address, telephone number, email address, credit card information, banking details, biometric data, and biographical information (including, but not limited to, date of birth, education, professional details, and marital status). This may occur, for example, when you interact with our Sites, respond to surveys or questionnaires, or when becoming a XAYÄI natural Independent Distributor or a Preferred Member. If certain requested information is not provided, we may be unable to offer you some of our services.

For XAYÄI natural Independent Distributors, Preferred Members, and customers, we collect information about your purchase history online and information voluntarily uploaded on the Sites, such as marketing efforts and lead information. Additionally, we gather details regarding commissions, bonuses, or discounts applicable to Independent Distributors.

If you share any information pertaining to another individual with us, you are expected to have obtained the necessary consent from that individual for sharing such information with us.

Information About Your Device and Your Use of the Sites

We may automatically collect certain information, such as Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamps, and your activity on the Sites (including the content you view, mouse movements, clicks, and other interaction data). This information is collected for purposes like analyzing trends, administering the Sites, enhancing the functionality and content of the Sites, and enforcing our Terms of Use. We employ standard Internet technologies, such as cookies, web beacons, pixels, and similar technologies, to collect this information, as further detailed in the cookies section below. We may also use session replay/screen capture technology or other similar tools to collect real-time data on how you navigate the Sites, including mouse movements and keystrokes.

We may also gather precise geolocation information from your mobile device, utilizing GPS data, cell tower information, and/or Wi-Fi signals. This data helps personalize your experience in connection with the usage of the Sites, and other XAYÄI natural products and services. If you prefer not to share specific geolocation data, you can disable the location features on your device. Please refer to your device manufacturer's settings for instructions.

Information from Third-Party Sources

We may acquire additional data about you from public and commercially available sources, and other third parties. Distributors may also share information about you with XAYÄI natural. If you utilize third-party services, such as Facebook, Google, or Twitter, through the Sites to log in or to share information about your experience on the Sites, we may collect data from these third-party services. We may amalgamate all the information we collect and receive about you, both online and offline, and use or disclose it in accordance with this Privacy Policy.

2. How does XAYÄI Natural use my Information?

We use the information we collect about you for a myriad of purposes, including but not limited to:

Providing you with the products, services, and support you request.

Processing your transactions and shipping your orders.

Communicating with you regarding your account or transactions, policy changes, and other administrative matters, as well as addressing your queries and comments.

Enhancing your experience by offering promotional information, relevant content, personalized product recommendations, and conducting surveys and questionnaires based on your interests.

Continuously improving our products, services, and operations.

Engaging in data analytics, including market research, consumer research, trend analysis, and financial analysis.

Administering rewards programs.

Recognizing, awarding, and celebrating achievements and advancements made in the XAYÄI Natural Sales & Marketing Plan through various channels such as social media, our Sites, or at company functions and events.

Offering personalized services as per your request, including nutrition management and sports performance testing.

Ensuring adherence to or enforcing our company policies, member rules, legal requirements, and safeguarding our rights, which includes handling and investigating complaints and other inquiries, or taking necessary steps to prevent harm or to protect, assert or defend the legal rights, privacy, safety, or property of ourselves and others.

Validating sales made by XAYÄI Natural Distributors, assisting them in searching for, communicating with, and validating customers in our systems, and complying with relevant regulations.

Detecting, investigating, preventing, or taking action concerning potential fraudulent or illegal activities, including fraudulent transactions or unusual account activities.

XAYÄI Natural or its authorized third parties may reach out to you directly for these purposes using various methods of communication as described in section 4, “How will XAYÄI Natural Communicate with me?”

Furthermore, we utilize this information to facilitate the operation of the Preferred Memberships and Distributorships, and to ensure the seamless functioning of the XAYÄI Natural Sales & Marketing Plan. For instance:

Information concerning Preferred Members might be used to support, calculate, and track your product discount and to inform you about special promotions.

Data about XAYÄI Natural Distributors could be used to support, calculate, and track discounts, earnings, and bonuses; conduct data analytics, such as predicting and assessing Distributors’ eligibility for discounts, earnings, commissions, and bonuses; issue payments and report income to taxing authorities; provide training; and ensure adherence to applicable laws and company policies, plans, and agreements, including the Distributorship Application and Agreement.

We may hold onto your information for as long as necessary to:

Offer you services.

Fulfill other valid business needs, including maintaining the smooth operation of the Sales & Marketing Plan.

Comply with our legal obligations.

Resolve disputes and enforce our agreements, including Distributorship Agreements.

3. With whom does XAYÄI Natural share my Information?

Affiliates and Partners

We may disclose your information to our affiliates (companies that control, are controlled by, or are under common control with, XAYÄI Natural) and select partners. These entities might use your information to anticipate your interests and provide you with special offers, promotions, advertisements, and other materials.

Vendors & Service Providers

We may transfer your information to vendors who perform various functions on our behalf. Such functions might encompass fulfilling orders, facilitating package deliveries, managing email administrative functions, undertaking data analytics to enhance our advertising relevance (including through AI-based analysis), processing credit card payments, probing into fraudulent, illegal, or other noncompliant activities, and delivering customer service.

XAYÄI Natural Independent Distributors

In case you are a XAYÄI Natural Distributor, Preferred Member, or Customer, we might share your data with other XAYÄI Natural Distributors. This could be as part of a Lineage Report, which holds data about Distributors and Preferred Members in a XAYÄI Natural Distributor’s downline, or about the customers of a Distributor. (The downline organization comprises all Distributors and Preferred Members who were personally sponsored by a specific Distributor, and all others sponsored by the subsequent Distributors.) Information about Distributors, Preferred Members, and Customers that might be shared includes names, contact details, birthdays, levels or ranks, XAYÄI ID numbers, documented and non-documented volume and sales statistics, purchase data, unredeemed reward details, marketing preferences, and data collected through health and wellness surveys (like gender, age range, height, weight, wellness priorities, and activity levels). As mandated by applicable law, we will secure your consent to distribute your health and wellness data with other Distributors. Any data from residents outside the United States, including those in the European Union, is protected as per the necessary legal provisions. Lineage Reports are handed out in strict confidentiality, exclusively to aid Distributors in expanding their XAYÄI Natural businesses, including for utilization in marketing tools and platforms.

We may disseminate your information to Distributors to offer and facilitate products and services. These Distributors might further distribute your data as outlined in their privacy policies. For instance, if you interact with some of our Sites, your data might be shared with one or more Distributors overseeing those sites. Similarly, if you join a Nutrition Club, we might share your data with any of the Distributors managing the Nutrition Club. Distributors might use your information to offer a more personalized experience, like suggesting products and services that align with your preferences. If you are a Distributor, we might share your data with your upline Distributors to help them oversee their organizations and offer personalized support and training. Distributors receiving your data are bound by the terms of their Distributorship Agreement and the privacy and data protection clauses contained therein. Some of these Distributors might be located in regions that do not guarantee the same or a similar level of privacy protection as in your home country.

We may also share personal data with Distributors if needed to probe into any complaints, purported rule violations, or other similar types of inquiries. If you operate a Nutrition Club, we might share its location with Preferred Members, customers, and other XAYÄI Natural Distributors.

Legal & Compliance Disclosures

We might also divulge your information as required by law, for instance, to comply with a subpoena, engage in legal proceedings, or similar legal processes, including disclosure to authorized third-party auditors; or when we believe in good faith that the disclosure is essential to safeguard our rights, protect your safety or the safety of others, investigate or prevent fraud, or respond to a government request.

Business Transitions

Your information might be shared in the event that XAYÄI Natural undergoes a business transition like a merger, acquisition, or asset sale or transfer, or in the unlikely scenario of bankruptcy.

Other Parties in Aggregated Form

We might share your data with third parties in an aggregated or de-identified manner.

Other Parties with Your Consent

Besides the sharing mentioned in this Privacy Policy, we might also share data about you with third parties for any other purpose disclosed to you at the time we collect the information or pursuant to your consent or direction.

4. How will XAYÄI Natural communicate with me?

XAYÄI Natural may communicate with you through various channels such as email, postal mail, telephone, text message, or other means regularly to furnish the requested products and services or to address issues pertaining to your XAYÄI Natural business (if you are a Distributor). To confirm customer sales, we may also reach out to you through the same channels on a regular basis (if you are a Customer).

Furthermore, you might receive periodic updates on XAYÄI Natural's business, products, services, special offers, and the XAYÄI Foundation through the communication means mentioned above. XAYÄI Natural Distributors and Preferred Members can manage certain communications within their MyXAYÄI Communications Preferences center. Moreover, these communications can be managed by following the instructions provided in the communication or by reaching out to us at info@xayäi.com or by calling +1 (310)496-3809.

5. Is my Personal Information Secure?

We undertake necessary measures to ensure that your personal information collected remains accurate, timely, and secure. Regrettably, no data transmission over the internet can be assured to be 100% secure. While we endeavor to safeguard your personal information, we cannot assure or warrant its complete security.

6. How can I Exercise Any Applicable Rights, Such as Accessing or Correcting my Information?

You may, in certain instances, visit one or more of our Sites to validate and update particular information (like certain Distributor and Preferred Member account information on MyXAYÄI). If you are unable to update your information on our Sites, please contact us. We will make commercially reasonable efforts to facilitate requests to update your information.

Residents of specific states, such as California, Colorado, Connecticut, Utah, or Virginia, may have distinct rights concerning their personal information. If you are a resident of California, more details about your privacy rights can be found in the Supplemental Privacy Notice for California Residents.

The Right to Access, Correct, and Delete Personal Information

Residents of Colorado, Connecticut, Utah, or Virginia have the right to (1) request access to, correction or deletion of, their personal information; or (2) opt out of the processing of their personal information for targeted advertising or the sale of their personal information; or (3) contest our decision regarding a request submitted. Residents of Colorado or Connecticut can authorize an agent to submit an opt-out request on their behalf. If you appoint an authorized agent to make a request for you, you must (1) verify your identity directly with us and (2) furnish us with written authorization or a power of attorney, signed by you, permitting the agent to act on your behalf. To submit a request to access, correct, or delete your personal information, or to contest a decision, or for assistance with any of these rights, follow the instructions provided in this link info@xayäi.com or call +1 (310)496-3809. This line operates from Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time. To secure your privacy and maintain security, we will undertake steps to verify your identity before granting you access to your personal information or complying with your request. This verification procedure may require you to supply your Member ID or other personal information we already possess about you, or, under certain circumstances, a signed declaration under penalty of perjury verifying that you are the individual whose personal information is the subject of the request.

The Right to Opt-Out of (i) Sales or Sharing of Personal Information and (ii) Targeted Advertising

Depending on your place of residence, the law might define “sale” in broad terms, encompassing the disclosure of personal information in exchange for any kind of value. We don't engage in the sale of your personal information for monetary consideration. However, we might disclose your personal information by permitting certain third parties (like social media networks, data analytics providers, and online marketing and advertising services) to gather personal information through automated technologies (like cookies or pixels) on our Sites for social networking and advertising objectives. According to the law, such disclosures might be considered as “targeted advertising,” or a “sale” when personal information is exchanged for non-monetary consideration, or “sharing” when the personal information is disclosed for cross-context behavioral advertising purposes.

The types of personal information that we might sell, share, or use for targeted advertising (and may have done so during the 12-month period prior to the effective date of this Notice) encompass identifiers, commercial information, online activity/device and site usage information, and geolocation data.

Visitors to our US websites have the option to opt-out of the processing of their personal information for targeted advertising purposes, 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 located at the bottom of the Sites and following the instructions found there.

Furthermore, residents of California and Colorado might utilize an opt-out preference signal, like the Global Privacy Control (“GPC”), to opt-out of the sale or sharing of their personal data. To use this feature, enable it for each supported browser you use on your device. When enabled and broadcasting a signal to prevent the sale or sharing of your data, the GPC will apply to your browser. If you are logged into your XAYÄI account (like MyXAYÄI.com) while a GPC is enabled on your browser, it will apply to your account while logged into the site and using the same browser. We do not otherwise associate your devices or browsers with any user account. If you clear your cookies or use a private browsing mode, like “incognito mode,” and later visit our sites, you will need to re-enable the GPC for it to apply to your browser again.

For California or Colorado residents seeking more information about our personal information processing practices, please refer to the Supplemental Privacy Notice for California Residents and the Supplemental Privacy Notice for Colorado Residents.

7. International Transfers

Our Sites are based in the United States. Please note that the information you share with us or that we acquire as a consequence of your use of the Sites may be gathered in your country and subsequently transferred to another country in line with the prevailing law. By using the Sites, you consent to the processing of information as outlined in this Policy.

8. Children’s Information

Our Sites are intended for a general audience and do not specifically target children below 13 years of age. We do not intentionally collect, use, or disseminate any personal information from children under the age of 13, unless allowed by law. If you suspect that we might have gathered personal information from your child on the Sites, please contact us at Privacy@XAYÄI.com, and we will take reasonable steps to remove it from our records, as mandated by law.

With the consent of parents, we permit minors to become members. Considering the broad definitions of “sale” and “share” under California law, if minors access our sites utilizing online tracking technologies, their information might be sold or shared. Consequently, we might sell or share the personal information of minors below 16 years of age under these restricted circumstances.

9. Cookies and Tracking

XAYÄI Natural, along with certain third parties that offer content and other functionalities on our Sites, employ cookies, web beacons, pixels, session replay/screen capture, software developer kits, and other similar technologies to gather or receive information for various purposes. These include analyzing trends, managing the website, tracking users’ movements around the Sites, offering measurement services and targeted ads, and collecting demographic data about our entire user base.

Cookies are small fragments of information stored on computer hard drives. A cookie facilitates the entity that placed the cookie on your device to recognize it across different websites, services, devices, and browsing sessions. For instance, we might use cookies to recognize you when you return to the Sites, enhancing your user experience. We might permit third parties to use cookies on the Sites, but we do not control the use or contents of third-party cookies. Web browsers commonly allow you to set the browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. If you choose to reject cookies, please note that you might not be able to fully enjoy 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 minuscule bits of code embedded in web pages, ads, and emails that communicate with third parties. We utilize web beacons to count the number of users who have visited a specific webpage, to interact with cookies, and to understand usage patterns. We might also include web beacons in emails to determine whether messages have been opened, acted upon, or forwarded.

Other local storage and internet technologies operate similarly to the cookies mentioned above. These technologies, distinct from cookies, might not be controllable using standard browser tools and settings. For information on managing Flash cookies, click www.adobe.com/privacy.html. To learn more about Adobe analytics and to opt-out, visit www.adobe.com/privacy.html.

Bluetooth beacon technology might be used to enhance the XAYÄI Club experience. Mobile devices with Bluetooth enabled can receive signals when in proximity to a beacon. The signals are not received unless the user has activated Bluetooth, installed a XAYÄI Natural mobile app, and enabled push notifications. The beacon functionality might facilitate notifications, customer check-ins, and payments. This functionality can be disabled in the app's settings.

10. Do Not Track

Web browsers might offer the option to send “Do Not Track” requests. Currently, we do not take measures to respond to Do Not Track signals because a universal industry standard is yet to be established regarding the actions websites should undertake upon receiving such signals. We are continuously reviewing new technologies and might adopt a standard if and when one is created.

11. Online Advertising

We might display advertisements on our website and collaborate with third parties to manage advertising for our products and services on other websites. We might also partner with third parties, including business associates, advertising networks, and other advertising service providers, who gather information about you on our Sites and other sites to present you with advertisements on the Sites and other online platforms, curated based on your browsing history and tailored to your interests, preferences, and characteristics. Technologies such as cookies and pixels might be utilized to offer advertising based on your browsing activities and interests, and in certain cases, the information in these cookies and other technologies might be linked to your email address, which we might share with our service providers. We are not accountable for the privacy practices of these third parties, and their information practices are not covered by this Policy.

Third parties might collect information about our Site users to offer interest-based advertising on our Sites and elsewhere, including across browsers and devices. These third parties might use the information gathered on our Sites to predict your interests, presenting you with ads (from us and other companies) across the internet. Some of these third parties might be involved in industry-developed programs designed to provide consumers with choices regarding receiving targeted advertising. Due to the differences between using apps and websites on mobile devices, additional steps might be required to disable targeted ad technologies in mobile apps. Many mobile devices offer the option to opt-out of targeted advertising for mobile apps through the settings within the mobile app or your mobile device. More information can be found in your mobile settings. Additionally, our apps might be uninstalled 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 participating 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/). Further information in local languages might be available at www.youronlinechoices.com/. If you reside in the European Union, more details can be found at http://www.youronlinechoices.eu/. Note that even if you opt-out of interest-based advertising using an industry-based opt-out, you will continue to receive generic advertisements, and your experience on our Sites might be degraded.

12. Online Forums

Our Sites may offer publicly accessible community forums. Please be aware that 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@xayäi.com. In some instances, we may not be able to 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 websites’ privacy policy, and we encourage you to investigate such policies before disclosing any information to the operators of third-party websites. XAYÄI Natural has no responsibility or liability for the content, actions, or policies of third-party websites. The inclusion of links to third-party websites on our Sites in no way constitutes an endorsement of such websites’ content, actions, or policies.

14. Third-Party Functionality

Some of the functionality on the Sites may be provided by third parties that are not affiliated with XAYÄI Natural. 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. XAYÄI Natural 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 log in to the Sites or to share information about your experience on the Sites with others, these third-party services may be able to 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, in accordance with 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. XAYÄI Natural reserves the right to change this Privacy Policy at any time. Any changes to this Policy will be effective immediately upon notice, which may be provided to you by posting the latest version on the Sites. Your subsequent use of the Sites will be deemed 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.

16. What if I have questions?

XAYÄI Natural takes privacy concerns seriously. If you have questions or comments, you may contact us at: [Your Company Address] (Attn: Privacy Dept.), Privacy@xayäi.com, [Your Contact Number].

Supplemental Privacy Notice for Nevada Residents

Nevada legislation grants certain Nevada consumers the right to opt out of the sale of "personally identifiable information" for monetary consideration to an entity that then licenses or sells such information to further parties. The term "personally identifiable information" encompasses elements such as first and last name, residential address, email address, contact number, Social Security Number, or any identifier that facilitates contacting a specific individual either physically or online.

At XAYÄI Natural, we currently do not participate in such activities. However, if you are a Nevada resident who has procured goods or services from us, you possess the prerogative to submit a request to opt out of any potential future sales under Nevada law. To submit this request, please email us at [email protected]. It is important to note that we will undertake reasonable measures to validate your identity and the genuineness of the request. Upon verification, we will record your request in the anticipation of any alterations to our current practices in the future.

This measure is a proactive approach, aiming to secure your privacy rights in the event of any future adjustments to our policy. We remain committed to upholding the highest standards of privacy and data protection, in line with the evolving legal landscape.

Contact Us

If you have any questions or concerns regarding our privacy policies or practices, we encourage you to get in touch with us at:

XAYÄI Natural Privacy Department

#### West Olympic Blvd., Suite ###,

Los Angeles, California 90015

Email: [email protected]

Phone: ########

Our dedicated team is here to assist you with any inquiries you may have, ensuring your peace of mind regarding the safeguarding of your personal information.