This Privacy Notice is effective as of 25 June 2024.

We, at Sweat, take the protection of your Personal Data very seriously. This Privacy Notice tells you more about what Personal Data we collect from you, how and why we collect it, who we share it with, and what rights you may have over your data. 

If you live in certain countries, we need to give you additional information which can be found at the end of this Privacy Notice under the "Additional Information" section. 

You can navigate to the relevant section of this Privacy Notice by clicking on the links below:

• What Is and Is Not Covered By This Privacy Notice?

• Who is responsible for processing your Personal Data?

• What Personal Data do we collect about you and how do we collect it?

• Why and how do we use your Personal Data?

• What legal bases do we have for processing your Personal Data?

• How do we protect and manage your Personal Data?

• Where do we store and transfer your Personal Data? 

• Who do we share your Personal Data with?

• Your privacy rights and choices

• How do we use cookies and Other Tracking Technologies

• Links to other websites

• Updates to this Privacy Notice

• How can you contact us?

• Additional Information

1. What Is and Is Not Covered by this Privacy Notice?

This Privacy Notice addresses “you” (the data subject) and applies to:

• Members: This Privacy Notice applies to the Personal Data we collect directly from you or about you as a customer (“Member”) of the Sweat app (“App”), including if you are a current paying Member, on a free trial, begin to sign up to the App but do not complete your sign up or continue to use the App, or are a departed Member and no longer use the App but keep an account on the App, as well as when we provide Member support services to you.

• Forum and Blog Users: This Privacy Notice applies to the Personal Data we collect directly from you or about you when you interact with our blog and forum available online at forum.sweat.com and via the Sweat App ("Forum").

• Website and Social Media Users: This Privacy Notice applies to the Personal Data we collect directly from you or about you through your use of our website (www.sweat.com), any other website or microsite which links to this Notice (“Website”), and our social media pages.

• Business Contacts: When you interact with us in a professional capacity, we may collect some Personal Data from and about you.  

We refer, collectively, to the App, Forum, Blog, and Website as Sweat's "Platform".

This Privacy Notice does not apply to:

• Sweat Staff and Job Applicants: This Privacy Notice does not apply when we collect the Personal Data of Sweat employees, job applicants, contractors, business owners, directors, officers, and other staff.

• Information Which Does Not Constitute Personal Data: If we do not maintain information in a form that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular individual or household, such information is not considered Personal Data and this Privacy Notice will not apply to our processing of that information.

External websites or services: Our electronic messages or online services, including our Websites, App, Forum may contain links to other websites owned and run by third parties. We are not responsible for the handling of your Personal Data by those websites and recommend you review the privacy notices of those websites.

2. Who is responsible for processing your Personal Data?

The Bikini Body Training Company Pty Ltd (ACN 162 849 701) (referred to as "Sweat", "we", "us" or "our") provides the Platform and related services to you as set out in our Terms of Use. Sweat is headquartered in Australia. 

Sweat is the "controller" (or “business”) for the Personal Data we collect as described in this notice. This is because we decide how and why your Personal Data is collected and processed via the Platform.

Our contact information is at the end of this Privacy Notice. If you have any questions, you can always reach us using the contact information or via dataprotection@sweat.com.

3. What Personal Data do we collect about you and how do we collect it?

What is my Personal Data?

"Personal Data" has different meanings given to it in the data protection laws applicable to you (“Data Protection Law”). It generally includes any information or opinion relating to you which allows us to identify you, such as your name, phone number, social media name or ‘handle’, member ID, postal address, email address, details of products or services you have purchased, payment details and information about your access to our Platform.

How do we collect your Personal Data? 

We may ask for and collect your Personal Data either directly through your use of the Platform, when you communicate with us in any way, or indirectly through our third party partners (such as TikTok, Meta, Google, and Snap) or providers such as via our social media pages, or when your friend refers you to the Platform. We may also collect information from you automatically when you visit our Platform using certain online tracking technologies, like cookies, which are described in our Cookie Policy available at the following webpage: sweat.com/cookie-policy, which may be set by us or our third party partners.

What categories of Personal Data do we collect about you? 

Specifically, in the past 12 months, we have collected the following categories of your Personal Data:

• Account Information: First and last names, email address, and date of birth. This is mandatory information which we require when you open a user account on the Platform ("User Account") using your email address. Once you have created an account, Sweat generates a member ID which is a unique set of numbers used to identify you. When you have elected to sign up and log into the Platform using a third-party account you created (e.g., through Facebook, Apple, Google), we collect the information you have agreed to make available to us (e.g., name, email address, app ID, profile information, preferences). This information is collected by those third-party account providers (e.g., Facebook, Apple, Google) and disclosed to Sweat under their privacy policies. You can control what data we receive by changing your privacy controls in your third-party account.

• Health information including height, weight, and pregnancy status.

• Workout information provided by you on the Platform or generated through your use of the Sweat App. For example, your fitness goals, training preferences, workouts completed, and duration of workout.

• Preferences in your User Account and use of the Platform.

• Forum information about yourself which you choose to post or share in the Forum.

• Voluntary information you provide about yourself which you choose to share with us. For example, via a free text field when completing workout reviews, giving feedback to us about your experience in the Platform, completing member surveys, etc.

• Payment information, such as your transaction details, if you purchased items  directly on the Platform or from our third-party providers. Note we do not receive or store payment information for your Sweat membership itself as this is handled by our payment providers.

• Usage information about how you use the Platform.

• Communications with us or directed to us via letters, emails, chat services, chatbot, and social media.

• Where you have selected particular services or features on the Platform (e.g. scheduling your workouts, sharing your fitness activities with friends through social media platforms), your photos, audio, contacts and calendar information, as well as your social network information (including credentials and any information from your public posts about Sweat or your communications with us).

• Referral information: When you have sent a referral link to a friend, colleague, or family member or been referred to Sweat by a friend, we may be able to identify the identity of the person who referred you or who you referred.

• Social media information: Any information you share in a social media post where you tag, use a hashtag, link, or otherwise direct the post to our attention.

• Your location where the IP address of your computer or device is used to determine your region (e.g., USA, Australia, UK) so that we can customise your experience on the Platform (e.g. language settings).  

• Technical information and log files, such as data about your device, network information, data collected through online tracking technologies which are described in our Cookie Policy available at the following webpage: sweat.com/cookie-policy. 

Health and Sensitive Information 

We collect health and other sensitive information from you in the following instances:

• Voluntarily provided by you: If you are a Member and/or Forum user you may choose to enter your health information into the Sweat App, like your height or weight, or whether you are pregnant. If you choose to participate in a voluntary pregnancy-related survey or elect a pregnancy-related workout program,  you will also provide information about your health and pregnancy which is considered sensitive data under Data Protection Laws.  Some of the Platform’s functionalities (e.g. free text fields) may allow you to enter information you want to share with Sweat that could be of a sensitive nature. These free text fields may appear completing workout reviews, submitting feedback on your experience of the Platform, or when completing customer surveys. You may also choose to share potentially sensitive information when interacting with our support team.

• Inferences: Sweat may infer information about your health, including information about your medical conditions or requirements, as well as data on your physical characteristics from this information about your preferences or data submitted to it.

• Linked Devices: You may choose to connect a third-party device (like an Apple Watch or fitness tracker) to the Platform and enable that device to share your fitness activity or health information (e.g., heart rate, steps, water intake) it collects with Sweat. Sweat also shares that data back to Apple and Google. You can manage what data your device shares with Sweat (and what information Sweat shares with your device) at any time within the Apple Health or Google Fit application on your device. 

• To learn more about how you can manage what data your Apple device shares with and receives from Sweat, please refer to this page. 

• To learn more about how you can manage what data your Android device shares with and receives from Sweat, please refer to this page.

It is entirely your choice whether or not to share your health information with Sweat. You do not need to share it to use the Platform. If you do not, you may not be able to use some functionalities such as tracking weight loss progress or participating in a pregnancy program.

In certain countries, we need to obtain explicit consent from you before we collect your health information. If you consent to this processing, you may always later withdraw your consent to the processing of your sensitive information at any time within the Profile Menu in the Sweat App or by contacting us. Withdrawing consent will not prohibit you from using the Sweat Platform, but some functionality across the Platform, like tracking weight loss progress or participating in a pregnancy program, could be disabled or may not function properly.

4. Why and how do we use your Personal Data?

Your Personal Data is used for the following purposes:

Provide access and features of the Platform, the products and services you request, and improve our Services: We use the Personal Data you give us to provide the Platform and the products and services you request, including:

• to create, set up, and secure your User Account and provide you access to the Platform;

• to fulfill any orders for products that you place on the Platform, including to communicate with you about the orders and to process information for our internal accounting, billing and audit purposes;

• if you use the Platform to track your fitness activity, we will collect and store this information so that you can review it on the Platform and track your progress. We may also use this information to calculate further information about your activity so that this can be provided to you as part of the functionality of the Platform;

• to customize your user experience. For example, provide you with suggested workouts and trainings based on your preferences or historical workouts; 

We may also perform data analysis based on the data we collect from you for statistical and marketing analysis purposes – for example, we may use information about how users of our Platform search for and find specific workouts to better understand the best ways to organise and present the content that we offer. We use third-party analytics providers to gain deeper insights into how you use our Services.

• if you choose to post in the Forum, the information that you share will be public information that can be accessed by anyone whether or not they are a part of the Sweat community. As the information posted to the Forum is public information, it will also be indexed and accessible via third party internet search engines, websites and apps. For further information about how content posted in the Forum is publicly available, please refer to our Forum Community Guidelines.

Communicate information about our products and services and for other targeted promotional purposes: With your consent, or as otherwise permitted by applicable Data Protection Law, we will use your Personal Data to provide information that we believe is of interest to you, prior to, during, and after your interactions with us, including marketing communications and news concerning our products, services, events and other promotions. We use cookies, pixels and other similar tracing technologies to provide us with analytics, provide measurement, and for ad targeting. These tracking technologies may be set by us or our third party partners such as TikTok, Meta, Google, Snap.

You can opt-out at any time after you have given your consent to such communications. In providing tailored promotional materials to you, Sweat may use the personal information collected through your use of the Platform, such as the user preferences you set and profile data you submit, any fitness activity data generated through your use of the Platform.

Customer service communications: We use your contact information to manage our relationship with you as our customer and to improve our services and enhance your experience with us (e.g. to respond to your inquiries when you reach out to us). 

From time to time, we may also conduct customer surveys to gauge satisfaction with our Platform and the services and products that we provide. If you voluntarily complete a survey, we will collect and analyse your responses to improve our Services and Platform.

Administrative or legal purposes: We use your Personal Data to operate our business, including for statistical and marketing analysis, systems testing and to diagnose technical and service problems, maintenance, and development of our Platform, or in order to deal with a dispute or claim. 

We use your date of birth to check that you are legal age in your country. Please note that individuals must be of legal age in their respective countries to use the Platform. Please refer to our Terms of Use. 

We use your ZIP/post code to assess which Data Protection Laws apply to you and to respond to your privacy rights requests. 

Security, health, administrative, crime prevention/detection and legal purposes: We may use your Personal Data to verify your information and identity, and to protect against, identify and prevent fraud and other unlawful activities. 

We may also share your Personal Data with government authorities or enforcement bodies for compliance with legal requirements, or as otherwise required or permitted by applicable Data Protection Law.

Other purposes: We may also use your Personal Data in other ways, and where we do so, we will provide specific notice at the time of collection and obtain your consent unless otherwise permitted by applicable Data Protection Law.

5. What legal bases do we have for processing your Personal Data?

In some countries, such as the European Economic Area and United Kingdom, we need to have a legal basis to process your Personal Data. Our processing of your Personal Data for the purposes described in this Privacy Notice is done pursuant to the following legal basis:

• As necessary to comply with or fulfill our legal obligations. For example, we need to collect your date of birth to ensure you are old enough to use the Platform.

• The processing is necessary for the performance of our contract with you, such as providing you with our services on the Platform. Where we receive your Personal Data as part of providing our Services to you based on a contract, we require such Personal Data to be able to carry out the contract. Without that necessary Personal Data, we will not be able to provide our services to you;

• If it is in our legitimate interests to do so as a business. For example, to improve the functionality of our Platform or conduct system testing and to diagnose technical and service problems, maintenance, and development of our Platform;

• Where you have consented to our using your Personal Data.  For example, for the collection of data pertaining to your health status or for direct marketing;

• Where you have made such information is manifestly made public; and

• To protect your vital interests or those of another person (e.g. in case of a medical emergency).

Special Category Data or Sensitive Data

Personal details including about your physical or mental health are considered “sensitive” Personal Data under applicable Data Protection Law. We will process any such data only if you have given your explicit consent, or it is necessary (for instance, if you request special assistance), or if the sensitive Personal Data has been manifestly made public by you (e.g., by posting information about your health/fitness status in the Forum), or otherwise in compliance with applicable Data Protection Law.

You may withdraw your consent for Sweat’s processing of your sensitive Personal Data in the Profile Menu in the App at any time. To manage what data your Linked Device shares with Sweat, please refer to the instructions in Section 3 above. As described more fully below, you may always contact us with any questions or requests about your Personal Data.

6. How do we protect and manage your Personal Data

Security We follow strict security procedures in the collection, storage, and disclosure of your Personal Data, which are designed to protect it against misuse, unauthorised access, modification or disclosure and accidental loss, destruction or damage. The data you provide to us is protected using SSL (Secure Socket Layer) technology. SSL is the industry standard method of encrypting Personal Data and credit card details so that they can be securely transferred over the internet. We use industry-standard encryption algorithms when we store your data in our systems. 

Retention of your Personal Data We will not retain your Personal Data for longer than is necessary to fulfill the purposes for which it is being processed. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Data, the purposes for which we process it, and whether we can achieve those purposes through other means.

We also consider the periods for which we might need to retain Personal Data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.

In general, this means that we will likely keep your Personal Data for as long as your User Account is open. Following deletion of your User Account, however, we may still retain a limited portion of your Personal Data so that we can maintain a continuous relationship with you if and when we are in contact with you again, and to comply with our internal processes and any legal obligations.

When we no longer need your Personal Data, we will securely delete or destroy it. We may also fully anonymise your Personal Data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.

Information that you have shared in the Forum will remain public even after you have closed your Forum account. When you choose to delete content that you have posted to the Forum, the information will not be deleted from third party websites, apps or internet search engine indexes instantly as removal of the content depends on third party policies.

7. Where do we store and transfer your Personal Data? 

Sweat is headquartered in Australia but operates its business in multiple countries around the world. 

The Personal Data that Sweat collects from you will be processed and stored in Australia, the United States of America, and the European Economic Area (“EEA”). Sweat will share your Personal Data with its service providers (e.g., customer support providers such as Zendesk, digital advertising providers such as Google and Meta), partners, and affiliates to help provide the services to you. Therefore, the Personal Data that you provide to Sweat may be transferred to countries other than the country in which you initially provided your Personal Data or where Sweat is located. Sweat takes measures to ensure the protection of your Personal Data by its service providers.

If you are a user in the EEA or UK: While countries outside the European Economic Area and the United Kingdom do not always have strong privacy and data protection laws, we take measures to protect your Personal Data in compliance with applicable Data Protection Law. We require all third-party data recipients (including our service providers and partners) to process your information in a secure manner and in accordance with the Data Protection Law (e.g., through the signing of the appropriate data processing agreements and EU Standard Contractual Clauses). If you have further questions about this or would like to request copies of the applicable safeguards, please contact us.

8. Who do we share your Personal Data with?

We share your Personal Data with the following:

• Other Users of the Platform if you have selected particular services or features on the Platform (e.g. scheduling your workouts, sharing your fitness activities with friends through social media platforms).

• If you joined Sweat via a referral link sent to you by one of your contacts (like a friend, family member, or colleague), we may let that contact know you’ve created a Sweat account, and provide them a referral bonus as a result.

• Third party social media platforms such as Facebook, Instagram, TikTok, Snap, Google in various circumstances, including where:

  • you are able to access third party social media services through our Platform or before coming to our Platform;

  • you connect your User Account to your social media account, in which case we will receive from the social media platform the Personal Data you choose to share, based on the preferences and settings on your social media account. We will use this information in order to improve and personalise your use of our Platform;

  • third party social media sites have placed cookies or pixels on our website, or we have placed their cookies on our website; 

  • you post or otherwise participate in competitions, events, or direct your social media posts to us via a hashtag, tag, link, etc.; and

  • we use social media plugins on our Platform (e.g., a “share” or “like” button), and your use of these plugins, may result in the disclosure of some of your information to the social media platform in question, and possibly presented on your social media profile, to be shared with others in your network – however, we will only share your Personal Data with these social media platforms if you have provided your express consent for us to do so.

Please refer to the privacy policy of those third-party social media platforms to find out more about these practices.

Please note that Sweat and Meta are joint controllers of the joint processing and that the information required by Article 13(1)(a) and (b) EU and UK GDPR can be found in Meta Ireland's Privacy Policy at https://www.facebook.com/about/privacy. Further information on how Meta processes personal data, including the legal basis that Meta relies on and the ways to exercise data subject rights against Meta, can be found in Meta’s Privacy Policy.

• Other companies, contractors or agents that assist us in providing services to you, including , support ticketing (which may include Zendesk), legal services, debt collection, administration services, customer services and information technology support.

• Only where you have provided consent, other companies, contractors or agents in connection with our marketing efforts, or marketing platform providers.

• Government authorities, law enforcement bodies and regulators for compliance with legal requirements, or where otherwise required by applicable Data Protection Law.

• Our legal and other professional advisers in order to enforce our legal rights in relation to our contract with you.

• Where you choose to post information in the Forum, the information that you share will be public information which can be viewed by anyone (whether or not they are a part of our community). Information posted in the Forum will be indexed to third party internet search engines (such as Google), websites and apps. For further information about how information that is posted in the Forum is used, please refer to our Forum Community Guidelines.

• Where you choose to link a third-party wearable device (like an Apple Watch), workout completion and other information may be transferred back to the wearable in order for you to track fitness progress using that device. You can manage this data transfer in the settings panel of your wearable’s app, as discussed above.

• We may also transfer your Personal Data to potential buyers in the event that we sell or transfer all or a part of our business or assets (including in the event of a reorganization or dissolution / liquidation), under strict non-disclosure restrictions, and solely in order to allow a buyer to determine whether to proceed with the transaction, or where such a determination is made, to complete it.

9. Your Privacy Rights and Choices

You may have the right to:

Transparency You have the right to request information about whether we hold Personal Data about you, and, if so, what that information is and why we are holding/using it.

Access You may request access to your Personal Data (commonly known as a "data subject access request"). This enables you to receive a copy of the Personal Data we hold about you and to check that we are lawfully processing it.

Correction You have the right to request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Erasure You can request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing.

Object You may object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground. You also have the right to object where we are processing your Personal Data for direct marketing purposes.

Automated Decision Making and Profiling You may also object to automated decision-making including profiling, that is not to be subject to any automated decision-making by us using your Personal Data or profiling of you.

Restriction of Processing You have the right to request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it.

Transfer Request transfer of your Personal Data in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically usable format and to be able to transfer your data to another party in an electronically usable format.

Withdraw Consent

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time by contacting us. You can also withdraw your consent for the processing of your health information within the Profile Menu of the App. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes to which you originally agreed, unless we have another proper and legitimate basis for doing so.

Complain

You also have the right to lodge a complaint about our processing of your Personal Data with the body regulating data protection in the country or state / province in which you live. If the GDPR applies to our processing of your Personal Data, you have the right to lodge a complaint with a supervisory authority if you are not satisfied with how we process your Personal Data. Specifically, you can lodge a complaint in the Member State of the European Union of your habitual residence, place of work, or of the alleged violation of the GDPR.

How to Exercise Your Rights?

If you wish to exercise your rights related to your Personal Data (including the rights set out above), please contact the Sweat team using the contact information at the end of this notice or via customer support on the Platform..

While you will generally not be required to pay a fee to access your Personal Data or to exercise any of your other statutory rights, we may charge a reasonable fee if your request for access is clearly completely unfounded, excessive or declines to comply with such requests where permitted by applicable Data Protection Law.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it and to prevent unauthorised modification of your Personal Data.

10. How do we use cookies and Other Tracking Technologies?

For more information about the online tracking technologies we use, please refer to our Cookie Policy available at the following webpage: sweat.com/cookie-policy.

11. Links to other websites

Our Platform may provide links to other websites for your convenience and information. These websites may operate independently from us. If you visit any website linked to our Platform, you are subject to that website’s own privacy policies. We strongly suggest you review those third-party policies. To the extent any linked websites are not owned or controlled by us, we are not responsible for their content, any use of the websites, or the privacy practices of the websites.

12. Updates to this Privacy Notice

Sweat may revise and update this Privacy Notice at any time by posting an updated Privacy Notice on the Platform. All changes to the Privacy Notice are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter.

13. How can you contact us?

We welcome questions and comments about this Privacy Notice and our privacy practices. If we receive a complaint from you about how we have handled your Personal Data, we will investigate and determine what action we should take to resolve the complaint. We will contact you within a reasonable time and may request more information to assist us with our investigation. We aim to resolve all complaints in a timely manner.

If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your Personal Data, please contact the Sweat team at the following email address: dataprotection@sweat.com. Alternatively, you can contact the Sweat team by completing a contact form (available at this webpage: https://support.sweat.com/he/en-us/requests/new) or through the chat function on the Sweat Websites.

For the purposes of Article 27 of the GDPR and the UK GDPR, VeraSafe has been appointed as Sweat's representative in the European Union and the United Kingdom for data protection matters. VeraSafe can be contacted in addition to the Sweat team, only on matters relating to your Personal Data. To make such an inquiry, please contact VeraSafe using any of the following methods:

European Union 
Contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative
Telephone: +42 228 881 031
Address: VeraSafe Ireland Ltd., Unit 3D North Point House, North Point Business Park, New Mallow Road, Cork T23AT2P, Ireland

United Kingdom 
Contact form: https://www.verasafe.com/privacy-services/contact-article-27-representative
Telephone: +44 204 532 2003
Address: VeraSafe United Kingdom Ltd., 37 Albert Embankment, London SE1 7TL, United Kingdom

With reference to Article 37 of the GDPR and the UK GDPR, we have appointed VeraSafe as our Data Protection Officer (DPO). While you may contact us directly, VeraSafe can also be contacted on matters related to the processing of Personal Data. VeraSafe’s contact details are:

USA

VeraSafe 100 M Street S.E., Suite 600 Washington D.C., 20003, USA
Email: experts@verasafe.com
Web: https://www.verasafe.com/about-verasafe/contact-us/

Australia

For the purposes of the Australian Privacy Act 1988 (Cth), you can contact our Privacy Compliance Officer at: dataprotection@sweat.com.

ADDITIONAL INFORMATION

If you live in one of the following countries or states, please read this Additional Information:

CANADA

1. Other purposes Section is replaced with the following: "We may also collect, use and disclose your Personal Data in other ways, and where we do so, we will obtain your further consent".

2. We will only process your Personal Data where required to operate the Platform, provide you with products and Services, and to operate our business, including for the purposes outlined in this Privacy Notice. In most cases, we will need to process your Personal Data so that we can enter into contracts under our terms of use (when orders for products are made), and to fulfill the provision or delivery of goods or services to you on the Platform (including subscriptions to the Platform).

3. In addition to the purposes set out elsewhere in the Privacy Notice, Sweat may collect, use and disclose your Personal Data for marketing and analytics purposes, including to display targeted advertising, based on your interests as inferred from web activity, when you visit other sites around the web or as you use various social media platforms. Please see our Cookie Policy for further details, including how you can control the use of your Personal Data for targeted advertising purposes.

4. By using the Platform or otherwise providing us with your Personal Data, you agree to the collection, use and disclosure of your Personal Data as set out in this Privacy Notice.

5. We may also collect, use and disclose your Personal Data without your consent, as required or permitted by applicable Data Protection Law, such as to use or disclose your Personal Data in the case of an emergency that threatens the life, health or security of you or another individual."

6. When transferring Personal Data to a third party service provider, or outside of your home country, we take measures to protect your Personal Data as described in this Privacy Notice and in compliance with applicable Data Protection Law. Using contractual and other means, we also require all third party data recipients (including our service providers) to process your information in a secure manner and in accordance with the applicable Data Protection Law in your country of residence. However, when stored or processed in another country, your Personal Data will be subject to the applicable Data Protection Law of that country, which may not provide the same protections as the applicable Data Protection Law in your country of residence. If you have further questions about this or would like to request to view copies of the applicable safeguards (where required), please contact us.

7. The section dealing with the payment of a fee to access your Personal Data in the Privacy Notice is replaced with the following: "While you will generally not be required to pay a fee to access your Personal Data or to exercise any of your other statutory rights, where permitted by applicable Data Protection Law, we may charge a reasonable fee if your request for access would require an exceptional amount of effort, or may decline to comply with frivolous or vexatious requests".

UNITED STATES OF AMERICA

The provisions in this Section are intended to fulfill the requirements of U.S. state consumer privacy laws identified here including the California Consumer Privacy Act as amended by the California Consumer Privacy Rights Act ("CCPA"), Connecticut Data Privacy Act (“CDPA”), Colorado Privacy Act (“CPA”), Virginia Consumer Data Protection Act (“VCDPA”), and Utah Consumer Privacy Act (“UCPA”) (together the “US State Consumer Privacy Acts”). This Section shall apply to Users who are resident in those states.

To the extent that any terms used in this Privacy Notice and this Section are defined in applicable U.S. State Consumer Privacy Acts, such definitions shall apply. 

The categories of Personal Data collected by Sweat in the last 12 months are described in the Privacy Notice and, for the purposes of the CCPA, correspond to the following categories of Personal Information listed in the CCPA:

We may also disclose your Personal Data to government authorities, law enforcement bodies and regulators for compliance with legal requirements, or where otherwise required by applicable Data Protection Law and to our legal and other professional advisers in order to enforce our legal rights in relation to our contract with you.

Sweat processes each category of your Personal Data described above for purposes described in the Privacy Notice. We will not process your Personal Data for purposes which are materially different, unrelated, or incompatible with the purposes set out in the Privacy Notice without providing you notice.

“Sale” of Data:

Sweat generally does not sell your Personal Data in the conventional sense (i.e., for money). Like many companies, however, we use the services of third-party vendors and partners that help deliver interest-based ads to you. As part of this process, we may transfer your Personal Data to those vendor partners (like Meta) for their use as they help us deliver interest-based ads. Making Personal Data (such as online identifiers or browsing activity) available to these companies may be considered a "sale" or “share” under applicable U.S. State Consumer Privacy Laws. There are also instances where Sweat could be considered to be “selling” Personal Data under these laws, such as when Sweat engages in partnerships with other organisations to offer discounts for each other’s products and services to our users.

To request that Sweat not "sell" or “share” your Personal Data, please fill out the form at this link: https://join.sweat.com/en/do-not-sell-my-information or change your cookie preferences in our Cookie Consent Manager. 

Consumer Rights:

Users who are resident in one of the U.S. States listed in this Section may have the following rights in addition to the rights set out in the Privacy Notice:

1. The Right to “Opt Out” 

You have the right to direct us to not sell your Personal Data at any time (the “right to opt-out”). As described above, Sweat doesn’t sell any of your information in the conventional sense. However, Sweat may provide information about you to third party advertising partners (like Meta), and this may constitute a “sale” under applicable U.S. State Consumer Privacy Laws.  To exercise the right to opt-out of this kind of information transfer, you (or your authorised agent) may submit a request to us by completing the webform at this link https://join.sweat.com/en/do-not-sell-my-information. If you change your mind, you can opt in as described below. We will only use Personal Data provided in an opt-out request to review and comply with the request. If you are a resident in California, you also have the right to opt out of the “share” of your Personal Data.

1. The Right to “Opt In” 

If you change your mind about opting out of the “sale” or “share” of your Personal Data and would like Sweat to resume providing your Personal Data to these advertising partners, you may contact us at any time. 

1. Right to Limit Use and Disclosure of Sensitive Personal Data

If you are a resident in California, you have the right to request we limit our use and disclosure of your sensitive Personal Data. 

1. Access: Once we receive and confirm your verifiable consumer request, we will disclose the following to you:

   1. the categories of your Personal Data and the specific Personal Data that we have collected;

   2. the categories of sources from which your Personal Data was collected;

   3. our business or commercial purpose for collecting your Personal Data; and the categories of third parties with whom we share your Personal Data, and where such third parties received your Personal Data from us for a business purpose, the categories of your Personal Data that we disclosed to such third parties.

   4. Under the CCPA, you are only entitled to exercise the Personal Data access right twice a year.

2. Exercising your rights: Verification of your identity to respond to your request to know and delete To evaluate your request, we may request additional information to verify your identity. We will only use the Personal Data you provide us in a request to verify the requestor's identity or authority to make the request.

Response Timing and Format of Our Responses If we need to charge a fee for a request which is excessive, repetitive, or manifestly unfounded, we will explain why we made that determination and provide you with a cost estimate before completing your request. We will reply to all requests within 30 days, or inform you in writing if additional time is required. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will send our written response by mail or electronically, at your option. If we cannot satisfy your request, we will also explain why in our response.

Authorised Agent You may appoint an authorised agent to exercise any of your privacy rights on your behalf. To appoint an authorised agent, you must also sign a written declaration giving the authorised agent permission to act on your behalf, or you can appoint such agent via a power of attorney. To verify that your authorised agent acts on your behalf, we will ask for this written permission from your agent or for the power of attorney. In case you provided your authorised agent with a written permission, we will require that you also verify your identity and we may also ask you to directly confirm with us that you provided the authorised agent permission to submit the request. We will deny a request from an authorised agent that does not submit proof that they have been authorised by you to act on your behalf. We will not discriminate against you for exercising any of your rights. Specifically, unless permitted by applicable laws, we will not:

1. deny you access to goods and/or services provided by us on the Platform;

2. charge you different prices or rates for the goods and/or services provided by us on the Platform, or imposing penalties on you;

3. provide you with a different level or quality of goods and/or services than otherwise generally provided by us on the Platform; or

4. suggest that you will receive a different price or rate for, or a different level or quality of, the goods and/or services generally provided by us on the Platform.