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Privacy Policy

Privacy Policy

This Privacy Policy is effective as of 20 December 2022.

PLEASE READ THIS PRIVACY NOTICE CAREFULLY.

If you live in certain countries, additional terms may apply to you and can be found at the end of this Privacy Policy (the "Additional Terms"). These Additional Terms override the other terms of this Privacy Policy to the extent of any inconsistency.

We are committed to protecting your privacy as a user (referred to as "User", "you" or "your"), and we take our responsibility regarding the security of your Personal Data (defined below) very seriously. We will be clear and transparent about the Personal Data we are collecting and what we will do with that Personal Data.

This privacy notice (the "Privacy Policy") describes the types of Personal Data we collect on the Sweat websites (https://www.sweat.com, https://www.kaylaitsines.com, https://www.kelseywells.com, and https://www.chontelduncan.com) (the “Websites”), Sweat mobile application ("Sweat App"), blog, forum (available online at https://forum.sweat.com and via the Sweat App, "Forum"), social media pages, online shop or one of our other products or services, all of which are part of Sweat's platform (the "Platform")

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

Who is responsible for processing your Personal Data?
What Personal Data do we collect (including by automated means)?
Why and how do we use your Personal Data?
How do we protect and manage your Personal Data (including international transfers and retention periods)?
Who do we share your Personal Data with?
The Forum
Your rights and choices
Cookies
Links to other websites
Children
Updates to this Privacy Policy
How to contact us?
Additional Terms

Who is responsible for processing your Personal Data?
The Bikini Body Training Company Pty Ltd (ACN 162 849 701) and its affiliates, including iFIT Health & Fitness, Sweat’s parent company, (referred to as "Sweat", "we", "us" or "our") is the "data controller" (i.e., the organisation responsible) for all Personal Data that is collected and used via the platform for the purposes of data privacy laws, principles, and regulations which may apply to you (including the Privacy Act 1988 (Cth) ("Privacy Act"), the applicable Australian Privacy Principles under the Privacy Act, the European General Data Protection Regulation ("GDPR"), the General Data Protection Regulation of the United Kingdom ("UK GDPR") and the Californian Consumer Privacy Act as amended by the California Privacy Rights Act and its implementing regulations ("CCPA")) (collectively, "Data Privacy Law").
What Personal Data do we collect (including by automated means)?
We may ask for and collect your Personal Data (either directly through your use of the Platform or when you communicate with us in any other way, or indirectly through our third party partners or providers) in a number of ways to provide you with the products or services that you request – please refer to Section 3 below for more information on how we use your Personal Data. We may also collect information from you automatically when you visit our Platform – for more information, please refer to our Cookie Policy available at the following webpage: www.sweat.com/pages/cookie-policy.
"Personal Data" has the meaning given in the Data Privacy Law applicable to you, and 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’, postal address, email address, details of products or services you have purchased, payment details and information about your access to our Websites.
Specifically, we may (either directly or indirectly) collect the following categories of Personal Data:
- first and last names, email address and date of birth (this is mandatory information which we require when opening a user account on the Platform ("User Account"));
- other information such as country of residence and gender, home address and telephone number;
- health information (as described further below) including health information generated by the devices (e.g. smart watches, heart monitors) that you connect to the Sweat App;
- fitness/lifestyle activity data provided by you on the Platform or generated through your use of the Sweat App (e.g. workouts completed, duration), including activity data generated by the devices (e.g. smart watches, heart monitors) that you connect to the Sweat App;
- information you provide about yourself and any preferences in your User Account;
- information about yourself which you choose to post or share in the Forum;
- information you provide about yourself which you choose to share with us via a free text field, for example, when completing workout reviews, giving feedback to us about your experience in the Platform, completing member surveys, etc.;
- information about your purchases of products and services from us or our third party partners who may provide or promote their own products or services through the Platform;
- payment information, such as your transaction details, if you purchase something directly on the Sweat Platform or from our e-commerce providers (e.g. one of Kayla’s e-books). Note we do not receive or store payment information for your Sweat membership itself;
- information about your use of the Platform;
- communications with us or directed to us via letters, emails, chat services, calls, 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);
- 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;
- any information you share in a social media post where you tag, use a hashtag, link, or otherwise direct the post to our attention;
- when you have elected to sign up and log into the Platform using a third-party account you created (e.g. through Facebook or Apple), information you have agreed to make available to us (e.g. name, email address, profile information, preferences);
- your location where the IP address of your computer or device is used to determine your geographic location so that we can customise your experience on the Platform (e.g. language settings); and
  
  Internet or other similar network activity depending on your permissions. For example, browsing identifiers, advertising ID, cookie identifiers, information on your interaction with the website, or advertisement.

Health and Sensitive Information – Users may choose to enter health information into the Sweat App, like their height or weight, or, in specific circumstances designed to protect the user, whether they are pregnant. If users choose to participate in a pregnancy-related survey or workout program, they may also provide sensitive information about their health and pregnancy.

Some of the Platform’s functionalities (e.g. free text fields) may allow a User to enter information the User wants 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. Users may also choose to share potentially sensitive information when interacting with our support team.

Sweat may use or otherwise infer information about your health, including information about your medical conditions or requirements, as well as data on your physical characteristics from this information.

For users in jurisdictions that require it Sweat requires explicit consent from users before they can add their health data (like height and weight) into the App or otherwise submit sensitive information to Sweat. Users may always withdraw your consent to the processing of your sensitive information.

You can withdraw your consent for the processing of health data you entered into the App at any time within the Profile Menu in the Sweat App or by contacting us using the contact information in Section 11 below. If you provided Sweat with consent to process any other sensitive information, or you’re unsure about how to withdraw consent or about what information you did provide, please contact us using the contact information in Section 11, below. Withdrawing consent will not prohibit you from using the Sweat App, but please note some functionality across the Platform, like tracking weight loss progress, could be disabled or may not function properly.

Linked Devices – Users may choose to connect a third-party device (like an Apple Watch or fitness tracker) and enable that device to share your fitness activity or health information (e.g., heart rate, steps, water intake) it collects with Sweat. You can manage what data your device shares with Sweat 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 Sweat, please refer to this page.
To learn more about how you can manage what data your Android device shares with Sweat, please refer to this page.

Why and how do we use your Personal Data?
Your Personal Data may be used for the following purposes:

3.1 Provide features of the Platform and the products and services you request:

We use the Personal Data you give us to provide the Platform and the products and services you request, including:

to create and set up your User Account;
to fulfil 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;
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; or
to offer you personalized workout recommendations based on your previous interactions with the Platform.

3.2 Communicate information about our products and services and for other promotional purposes:

With your consent, or as otherwise permitted by applicable Data Privacy Law, we will use your Personal Data to provide information and recommendations 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. 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, and any medical conditions or dietary preferences that you have identified to us.

3.3 Customer service communications:

We use your data 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.

3.4 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 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.

3.5 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 Privacy Law.

3.6 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 Privacy Law.

We will only process your personal data where we have a legal basis to do so, which will depend on the reasons for which we have collected and need to use your personal data. In most cases we will need to process your personal data so that we can enter into contracts with you under our terms of use (when orders for products are made), and to fulfil the provision or delivery of goods or services to you on the Platform (including subscriptions to the Platform).

Our processing of your Personal Data for the above purposes is done pursuant to the following legal basis:

to comply with a legal obligation;
the processing is necessary for the performance of a contract with you, such as providing you with our services on the Platform;
if it is in our legitimate interests to do so as a business (e.g., for administrative purposes or to improve the functionality of our Platform);
where you have consented to our using your personal data (e.g., for the collection of data pertaining to your health status, pregnancy, or marketing related uses);
where you have made such information public; and
to protect your vital interests or those of another person (e.g. in case of a medical emergency).

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.

Personal details including about your nationality or physical or mental health are considered “sensitive” Personal Data under applicable Data Privacy 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 Sweat Forum), or otherwise in compliance with applicable Data Privacy Law.

The Platform may require information about your physical health to provide certain functions or services, including when you use or interact with a Linked Device that integrates with the Platform. If you choose not to provide certain health information, some functions or services within the Platform may be unavailable or not function properly.

You may withdraw your consent for Sweat’s processing of your health information in the Profile Menu in the Sweat App at any time. To manage what data your Linked Device shares with Sweat, please refer to the instructions in Section 2 above. As described more fully below, you may always contact us at the details in Section 11 with any questions or requests about your Personal Data.

How do we protect and manage your Personal Data (including international transfers and retention periods)?

4.1 Encryption and security

We follow strict security procedures in the 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.

4.2 International transfers of your Personal Data

Sweat operates businesses in multiple jurisdictions, some of which are not located in the EU, EEA, or the UK). The Personal Data that Sweat collects from users will be stored in Australia and/or the United States of America and might also be shared with third party data recipients (e.g., e-commerce and logistics providers such as Shopify, and customer support providers such as Zendesk) that are not located in the EEA, UK, Australia or the United States of America. Therefore, the Personal Data that you provide to Sweat may be transferred internationally to countries other than the country in which you initially provided your data.

While countries outside the EU, EEA and the UK do not always have strong data privacy laws, we take measures to protect your Personal Data as described in this Privacy Policy and in compliance with applicable Data Privacy Law. 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 GDPR and other applicable Data Privacy Law (e.g., through the signing of the EU Standard Contractual Clauses). If you have further questions about this or would like to request to view copies of the applicable safeguards (where required), please contact us at the details in Section 11 below.

4.3 Retention of your Personal Data

We will not retain your data for longer than is necessary to fulfil 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 closure 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 will also consider if and how we can minimise over time the personal data that we use, and if we can 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. Where 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.

Who do we share your Personal Data with?
We may share your Personal Data with the following people for the purposes described in this Privacy Policy:
- iFIT Health & Fitness, Inc. (“iFIT”) and other companies and members within iFIT;
- 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), other Users of the Platform;
- our trusted e-commerce providers, like Shopify,, who may offer digital Sweat products (e.g. e-books) on our behalf. If you choose to purchase our digital products offered from these e-commerce providers, you may be a customer of both Sweat and the provider, and the provider may collect and share information about you, such as your contact details and your billing information. We are not responsible for third parties’ use of your personal data where such use is permitted for their own purposes. You should consult their privacy policies for further information;
- 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 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 personalize your use of our Platform;
  - third party social media sites have placed cookies or pixels 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 certain 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;
- other companies, contractors or agents that assist us in providing services to you, including our online e-commerce platform that allows us to sell and deliver our products and services to you (which may include Shopify), support ticketing (which may include Zendesk), legal services, debt collection, administration services, customer services and information technology support;
- other companies, contractors or agents in connection with our marketing efforts, or marketing platform providers;
  
  other companies in connection with providing personalized recommendations to you in your use of the Platform;
- government authorities, law enforcement bodies and regulators for compliance with legal requirements, or where otherwise required by applicable Data Privacy Law;
- our legal and other professional advisers in order to enforce our legal rights in relation to our contract with you; and
- 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 posted in the Forum is used, please refer to our Forum Community Guidelines.
- We may also transfer your Personal Data to potential buyers in the event that we sell or transfer all of 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.
Your Rights and Choices
Under certain circumstances, by applicable Data Privacy Law you may have the right to:

6.1 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.

6.2 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.

6.3 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.

6.4 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.

6.5 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.

6.6 Automated Decision Making and Profiling

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

6.7 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.

6.8 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 useable format and to be able to transfer your data to another party in an electronically useable format.

6.9 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 using the details in Section 11 below. You can also withdraw your consent for the processing of your health information within the Profile Menu of the Sweat 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.

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 details in Section 11.

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 decline to comply with such requests where permitted by applicable Data Privacy 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.

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.

Cookies
A "cookie" is a small file stored on your device that contains information about your device. You have certain options with respect to the use of cookies and other tracking technologies on our site, including for the purposes of online interest-based advertising. For more information about the cookies we use, please refer to our Cookie Policy which forms part of this Privacy Policy.

You may also set your browser to send a Do Not Track (DNT) signal. Please note that our Websites do not have the capability to respond to DNT signals received from web browsers at this time.

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. Linked websites may have their own privacy notices or policies, which we strongly suggest you review. 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.
Children
Users must be of legal age in their respective countries and not under 16 years old. Individuals are not allowed to sign up for a User Account on the Platform without verifying that they are 16 years of age or older. To the extent we identify any User that appears to be below the age of 16 years, we will reach out to that User to verify their age.
Updates to this Privacy Policy
Sweat may revise and update this Privacy Policy at any time in its sole discretion by posting an updated Privacy Policy on the Platform. All such changes to the Privacy Policy are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter.
How to contact us?
We welcome questions and comments about this Privacy Policy 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: http://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
For the purposes of the Australian Privacy Act 1988 (Cth), you can contact our Privacy Compliance Officer at: dataprotection@sweat.com.
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:
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/

ADDITIONAL TERMS

If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Privacy Policy:

CANADA

Section 3.6 (Other purposes) 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".
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 Policy. 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 fulfil the provision or delivery of goods or services to you on the Platform (including subscriptions to the Platform).
In addition to the purposes set out elsewhere in the policy, 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.
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 Policy.
We may also collect, use and disclose your Personal Data without your consent, as required or permitted by applicable Data Privacy 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."
Section 4.2 (International transfers of your Personal Data) is replaced with the following: "Sweat operates businesses in multiple jurisdictions, some of which are not located in your country of residence. The Personal Data that Sweat collects from users will be stored in Australia and/or the United States of America and might also be stored or processed through third party service providers (e.g., e-commerce and logistics providers such as Shopify, and customer support providers such as Zendesk) in other countries. Therefore, the Personal Data that you provide to Sweat may be transferred internationally to countries other than the country in which you initially provided your data".
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 Policy and in compliance with applicable Data Privacy 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 Privacy Law in your country of residence. However, when stored or processed in another country, your Personal Data will be subject to the applicable Data Privacy Law of that country, which may not provide the same protections as the applicable Data Privacy 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 at the details in Section 11.
The section dealing with the payment of a fee to access your Personal Data in Section 6 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 Privacy 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".

CALIFORNIA, UNITED STATES OF AMERICA

The provisions in this Section are intended to fulfil the requirements of the California Consumer Privacy Act as amended by the California Privacy Rights Act and its implementing regulations ("CCPA") and shall apply to Users who are resident in California.

To the extent that any terms used in this Privacy Policy and this Section of the Additional Terms are defined in the CCPA, such definitions shall apply. The term "Personal Data" as used in this Privacy Policy and this Section of the Additional Terms shall include "Personal Information" as such term is defined in the CCPA.

The categories of Personal Data collected by Sweat in the last 12 months are described in Section 2 of the Privacy Policy and, for the purposes of the CCPA, correspond to the following categories of Personal Information listed in the CCPA:

Category	How We Obtain It
Identifiers: first and last names, email address, home address, telephone number, where you have selected particular services or features on the Platform, social network information.	Directly from you or linked third party accounts.
Protected characteristics: age, gender, country of residence, medical conditions or requirements.	Directly from you and your devices.
Commercial information: information about your purchases of products and services from us or our third party partners who may provide or promote their own products or services through the Platform.	Our own accounting records and from third party partners who may provide or promote their own products or services through the Platform.
Biometric information: physical characteristics such as weight, height, and body measurements such as stride length and apparel size, and photographs identifying your facial features, and information related to your pregnancy status to the extent you choose to enter these on the Platform.	Directly from you, if you choose to enter these on the Platform.
Internet or other similar network activity: information about your use of the Platform and your IP address, including information collected automatically through cookies (refer to Sweat's Cookie Policy for more information.	Directly from you and your devices.
Geo-location data: where the IP address of your computer or device is used to determine your geographic location so that we can customise your experience on the Platform (e.g. language settings).	Directly from you and your device(s).
Sensory Data: audio, electronic, visual, thermal, olfactory, or similar information (e.g., your photos and audio where you have selected particular services or features on the Platform).	Directly from you, where you have selected particular services or features on the Platform.
Inferences drawn from other Personal Data: dietary preferences, information you provide about yourself and any preferences in your User Account, communications with us or directed to us via letters, emails, chat services, calls, and social media, fitness activity data provided by you on the Platform or generated through your use of the Sweat App, including activity data generated by the devices that you connect to the Sweat App where you have selected particular services or features on the Platform, contacts and calendar information.	Directly from you and your devices.

The categories of third parties with whom Sweat shares each category of personal data are as follows:

Category	Who We Share It With
Identifiers	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform; third party social media platforms when you connect your User Account to your social media account or use social media plugins on our Platform; other companies, contractors or agents that assist us in providing services to you, including our online e-commerce platform that allows us to sell and deliver our products and services to you; third parties that provide legal services, customer services and information technology support; and credit and debit card companies including third party payment gateway providers.
Protected characteristics	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform.
Commercial information	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform; other companies, contractors or agents that assist us in providing services to you, including our online e-commerce platform that allows us to sell and deliver our products and services to you; third parties that provide legal services, administration services, customer services and information technology support, and credit and debit card companies including third party payment gateway providers.
Biometric information	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform.
Internet or other similar network activity	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform; third party social media platforms when you connect your User Account to your social media account or use social media plugins on our Platform.
Geo-location data	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform; third party social media platforms when you connect your User Account to your social media account or use social media plugins on our Platform.
Sensory Data	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform.
Inferences drawn from other Personal Data	Other companies and members within the Sweat group; our trusted third party ancillary partners (identified on our Websites), whose products and services you obtain through our Platform; third party social media platforms when you connect your User Account to your social media account or use social media plugins on our Platform.

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 Privacy 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 Section 3 of the Privacy Policy. We will not process your Personal Data for purposes which are materially different, unrelated, or incompatible with the purposes set out in the Privacy Policy without providing you notice.

In the last 12 months, we have disclosed to third parties all of the categories of Personal Data listed in the table above for a business purpose.

“Sale” or "Sharing" of Data:

Sweat generally does not sell your Personal Information in the conventional sense (i.e., for money). Like many companies, however, we use services of third-party vendors and partners that help deliver interest-based ads to you. As part of this process, we may transfer Personal Information to those vendors and partners (like Facebook, Snap, or TikTok) for their use as they help us deliver interest-based ads. We and these vendors and partners may collect certain information, including information obtained with cookies and similar information stored on your browsers, advertising identifiers on your mobile devices, and/or the IP address of your devices when you visit our sites or use our app. Making Personal Information (such as online identifiers or browsing activity) available to these vendors and partners to use outside of Sweat’s direction may be considered as "selling" or "sharing" Personal Information under the CCPA. There are also instances where Sweat could be “selling” Personal Information under the CCPA, such as when Sweat engages in partnerships with other organizations to offer discounts for each other’s products and services to our users.

To request that Sweat not "sell" or "share" your Personal Information, please fill out the form at this link: https://join.sweat.com/en/do-not-sell-my-information.

California Consumer Rights:

Users who are resident in California may have the following rights under the CCPA in addition to the rights set out in Section 6 of the Privacy Policy:

The Right to “Opt Out”

You have the right to direct us to not sell your personal information 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 Facebook or TikTok), and this may constitute a “sale” under the CCPA. To exercise the right to opt-out of this kind of information transfer, you (or your authorized 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 information provided in an opt-out request to review and comply with the request.

The Right to “Opt In”

If you change your mind about opting out of the “sale” of your data and would like Sweat to resume providing your information to these advertising partners, you may contact us at dataprivacy@sweat.com at any time.

Access:
Once we receive and confirm your verifiable consumer request, we will disclose the following to you:
- the categories of your Personal Data and the specific Personal Data that we have collected;
- the categories of sources from which your Personal Data was collected;
- 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.
- Under the CCPA, you are only entitled to exercise the Personal Data access right twice a year.
Deletion:
Once we receive and confirm your verifiable consumer request, we will (and will direct our service providers to whom we have disclosed your Personal Data to) delete your Personal Data unless an exception under the CCPA applies.
The rights set out above do not apply to Personal Data collected from Sweat's employees as part of their employment with Sweat or Personal Data collected as part of a business-to-business transaction.
To exercise any of the rights set out above, please contact the Sweat team using the contact details set in Section 11 of the Privacy Policy.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. As set out in Section 6 of the Privacy Policy, we may need to request specific information from you to help us confirm that your request is a verifiable consumer request.

Anti-retaliation/Anti-discrimination:
Sweat will not discriminate or retaliate against you if you exercise your rights under the CCPA.

Right to Limit Use and Disclosure of Sensitive Personal Information
If you have disclosed sensitive personal information to Sweat, like the status of a pregnancy, you have the right, at any time, to direct Sweat to limit its use of your sensitive personal information to that use which is necessary to perform the services and access to the Platform. You may also request Sweat delete this information at any time
To request that Sweat limit use and disclosure of your sensitive personal information, delete this information, or otherwise exercise control over Sweat’s use of this data, please contact us at dataprivacy@sweat.com.
Exercising your rights under the CCPA:
Verification of your identity to respond to your request to know and delete
To evaluate your request to know or delete, 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.
Please note that you may only make a consumer request to know or data portability request twice within a 12-month period.
Section 6 of the Privacy Policy is supplemented as follows:
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.
Authorized Agent
You may appoint an authorized agent to exercise any of your privacy rights on your behalf, if the authorized agent is a natural person or a business entity registered with the Secretary of State of California.
To appoint an authorized agent, you must also sign a written declaration giving the authorized agent permission to act on your behalf, or you can appoint such agent via a power of attorney pursuant to Probate Code sections 4000 to 4465.
To verify that your authorized 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 authorized 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 authorized agent permission to submit the request.
We will deny a request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf.
We will not discriminate against you for exercising any of your rights under the CCPA. Specifically, unless permitted by the CCPA, we will not:
- deny you access to goods and/or services provided by us on the Platform;
- charge you different prices or rates for the goods and/or services provided by us on the Platform, or imposing penalties on you;
- provide you with a different level or quality of goods and/or services than otherwise generally provided by us on the Platform; or
- 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.

Terms of Service

These Terms of Use are effective as of 10th October 2022.

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use cover important information about the Platform and any applicable fees. In particular, they include information about future changes to the Terms of Use and Platform (refer to Clause 8), the purchase and renewal of subscriptions to the Platform (refer to Clause 2) and limitations of liability (refer to Clause 7.1). The following additional terms may also apply to you:

- Forum Community Guidelines Addendum: the provisions in the Forum Community Guidelines Addendum form part of the Terms of Use and create a legally binding agreement between you and SWEAT where you sign up to, or participate in, the Forum.

- Prenatal and Post-Pregnancy Addendum: the provisions in the Prenatal and Post-Pregnancy Addendum form part of the Terms of Use and create a legally binding agreement between you and SWEAT where you participate in the prenatal or post-pregnancy workouts and programs offered by SWEAT on the Platform (the "Prenatal Workouts" and the "Post-Pregnancy Workouts" respectively).

- Additional Terms: If you live in certain countries, the Additional Terms found at the end of these Terms of Use may apply to you. These Additional Terms override the other terms of these Terms of Use below to the extent of any inconsistency.

Welcome to the SWEAT community!

These terms of use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms of Use") apply to your use of (and subscription to) the SWEAT website, SWEAT mobile application ("SWEAT App"), blog, forum made available to you by SWEAT (at https://forum.sweat.com/ and via the SWEAT App, "Forum"), online shop or one of our other products or services, all of which are part of SWEAT's platform (the "Platform").

These Terms of Use are entered into by and between you as a user (referred to as "User", "you" or "your") and The Bikini Body Training Company Pty Ltd (ABN 162 849 701) and its affiliates (referred to as "SWEAT", "we", "us" or "our"), and supersede and replace any terms and conditions of services that you may have previously agreed with SWEAT in connection with the Platform.

Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use. The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform.

For more details about SWEAT's privacy practices, please refer to our Privacy Policy available at the following webpage: https://www.sweat.com/pages/privacy-policy.

USER
1. Eligibility
  By accessing or using the Platform, you confirm that you are of legal age in your country are not under 16 years old, and have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.
2. User Account Creation
  
  To use certain features of the Platform, you will need to create a user account (each, a "User Account") by providing your first and last names, an email address, a password, your date of birth and other information that we may require from time to time. You will also be required to create a username for your User Account in order to access the forum hosted on the Platform. Please provide accurate and current information when creating your User Account. You can also create a User Account by using your Facebook credentials.
  
  SWEAT may, at its sole discretion:
  
  (a)
  limit the number of User Accounts that you may create or maintain;
  
  (b)
  stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
  
  (c)
  refuse to create a User Account for you.
3. Security
  
  By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). SWEAT is not responsible for any loss or activity that results from the unauthorised use of your User Account due to your failure to secure your access credentials.
  You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the SWEAT team in writing at support@sweat.com of any unauthorised use of your User Account or any other breaches of security.
4. Suspension and termination
  
  SWEAT will have the right to suspend access to your User Account, or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.
  You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.
SUBSCRIPTION SERVICE
1. Subscription
  
  You can choose to subscribe to the Platform either on a monthly, quarterly or annual basis, or for such other periods that SWEAT may offer from time to time, and the applicable fees are set forth on the SWEAT webpage (https://www.sweat.com) or on the applicable app store from which the SWEAT App can be downloaded.
  
  Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.
  SWEAT reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
2. Free trials
  
  We may provide a free trial subscription for a fixed period of time, as determined by SWEAT in its sole discretion. Unless otherwise stated by SWEAT in respect of specific promotions, free trials are only available to new SWEAT users, and SWEAT reserves the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different User Account or using a different email address. Furthermore, any attempts to register for a further free trial on the same User Account or using the same email address may result in you being charged for the applicable subscription fees.
  After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, please refer to the instructions set out below under "Automatic renewal of subscription".
3. Payment details
  
  You can pay the fees for your subscription on the SWEAT website or SWEAT App either through a credit card, PayPal payment or Stripe payment, or through your account with the applicable app store in the case of the SWEAT App (i.e. through in-app purchases).
  
  The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process, and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).
  
  When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. SWEAT reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.
  In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions which take place abroad or in a foreign currency. You are responsible for paying any such fees.
4. Automatic renewal of subscription
  Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
5. Cancellation and refund of subscription fees
  
  Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store.
  
  Where you have subscribed for the Platform through our website, you may change your mind and receive a full refund of the amount you have paid for the subscription within fourteen (14) days starting from the day you subscribed to the Platform through our website (the "Cooling-off Period"):
  
  (a)
  if you sign up for a free trial, you agree that the Cooling-off Period for the paid subscription that you are receiving the free trial in connection with ends fourteen (14) days after you start the free trial - if you use the Platform during the free trial and don’t cancel the paid subscription before the free trial ends, you lose your right of withdrawal; and
  
  (b)
  if you purchase a subscription, you agree that the Cooling-off Period is available for fourteen (14) days after you have paid for the subscription, but the Cooling-off Period expires once you use the Platform during that period.
  
  To exercise this right, please contact the SWEAT team using the details set out in Clause 9 of these Terms of Use.
  
  Following expiry of the Cooling-off Period, subscriptions are non-refundable and there is no right to refunds or credits unless required by Applicable Laws. Although you may notify us of your intention to cancel your subscription at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund.
USE OF THE PLATFORM
1. By using the Platform, you confirm that you will not use the Platform for any of the following:
  
  (a)
  Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which SWEAT or the User are bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").
  
  (b)
  Unauthorised Use – any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
  
  (c)
  Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.
  
  (d)
  Fraud – any act that: (i) attempts to defraud SWEAT or any other person; or (ii) provides false, inaccurate or misleading information to SWEAT.
2. Contributed Content
  
  (a)
  You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed by you in respect of any blog, forum or chatroom, and any comments, feedback or ideas that you send to SWEAT) ("Contributed Content") and expressly agree not to submit or upload any Contributed Content which:
  
  (i)
  advertises or promotes any services or brands (with respect to you or any third party);
  
  (ii)
  contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
  
  (iii)
  you know not to be true and honest, or which spreads false or misleading statements;
  
  (iv)
  you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
  
  (v)
  impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
  
  (vi)
  contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
  
  (vii)
  contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
  
  (viii)
  constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute "spam";
  
  (ix)
  may expose SWEAT or other Users to any harm or liability of any kind; or
  
  (x)
  is contrary to any Applicable Laws.
  
  (b)
  SWEAT has the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform
  
  (c)
  You acknowledge and agree that some of your Contributed Content might continue to be publicly available on the Platform after your User Account is closed or otherwise terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.
  
  (d)
  If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the SWEAT team at support@sweat.com.
AVAILABILITY OF SERVICES, SECURITY
1. SWEAT shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of SWEAT's control. SWEAT will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
2. You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
3. You acknowledge and agree that SWEAT shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.
4. You must immediately notify the SWEAT team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
5. Users may also be required to download and install updates to the SWEAT App so as to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible to the User until such update has been downloaded and installed.
INTELLECTUAL PROPERTY, USE LICENCE
1. SWEAT's ownership of the Platform
  All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by SWEAT, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.
2. User's licence to use Platform.
  
  You are not granted any right to use, and may not use, any of SWEAT's Intellectual Property Rights other than as set out in these Terms of Use and subject to the following conditions:
  
  (a)
  you are granted a limited, personal, non-transferable, non-sublicensable and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public or commercial use without prior written consent from SWEAT
  
  (b)
  you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in any part of the Platform; and
  
  (c)
  you may not use any data mining, robots or similar data-gathering or extraction methods.
  
  SWEAT reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
3. Contributed Content.
  
  (a)
  By posting or otherwise providing Contributed Content, you grant SWEAT a non‐exclusive, royalty‐free, transferable, sub-licensable, irrevocable, perpetual worldwide licence and right to use (including commercial use), distribute, reproduce, display and otherwise make available such Contributed Content on and through the Platform (and across different media for any purpose) and you waive (and to the extent that you cannot so waive agree irrevocably not to assert) any and all moral rights to which you may be entitled anywhere in the world in respect of such Contributed Content.
  
  (b)
  You represent and warrant that you own and control all of the rights to the Contributed Content, and have the lawful right to post or otherwise provide such Contributed Content on and through the Platform and otherwise provide SWEAT with such Contributed Content.
THIRD PARTY SERVICES AND CONTENT

In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, SWEAT does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

Your dealings or correspondence with such third parties are solely between you and the third party. SWEAT is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that SWEAT is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.
LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY
1. Limitation of Liability
  
  (a)
  Nothing in these Terms of Use shall exclude or restrict SWEAT's liability for: (a) death or personal injury resulting from the negligence of SWEAT or its Associated Parties (as defined in Clause 7.1(b) below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws; or (d) the indemnities set out in Clause 7.3 and paragraph 2(d) of the Prenatal and Post-Pregnancy Program Addendum (where applicable).
  
  (b)
  Subject to the foregoing, to the maximum extent permitted by Applicable Laws:
  
  (i)
  in no event shall SWEAT, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:
  
  (A)
  indirect or consequential loss; or
  
  (B)
  loss of profit, business opportunity, anticipated savings, revenue or goodwill,
  
  in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms of Use; and
  
  (ii)
  SWEAT and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms of Use in respect of any one or more incidents or occurrences shall be limited to the greater of (a) the total amount of fees received by SWEAT or the Associated Parties from you in connection with your use of the Platform in the twelve (12) month period prior to the date of the first incident or series of connected incidents giving rise to a claim made by you under these Terms of Use, and (b) USD 100.00.
2. Disclaimers
  
  (a)
  To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of SWEAT are provided on an "as is" and "as available" basis and SWEAT expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, SWEAT does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
  
  (b)
  The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, SWEAT is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
3. Indemnification
  
  To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand SWEAT and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
  
  (a)
  your use of, or conduct in connection with, the Platform;
  
  (b)
  your breach of these Terms of Use or any other policy;
  
  (c)
  the Contributed Content you provide; or
  
  (d)
  your violation of any Applicable Laws or the rights of any other person or entity.
  
  You will provide SWEAT and the Associated Parties with any assistance that SWEAT and the Associated Parties reasonably requests in defending any such action or proceeding.
CHANGES AND UPDATES TO PLATFORM, TERMS OF USE
SWEAT may terminate or modify any feature or part of the Platform at any time without notice. SWEAT may also revise and update these Terms of Use at any time in its sole discretion by posting an updated Terms of Use on the Platform. All such changes to the Terms of Use are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms of Use constitutes your acceptance and agreement to the changes which are binding on you.
COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION
1. If you have any questions, feedback or complaints, please contact the SWEAT team at the following email address: support@sweat.com. Alternatively, you can contact the SWEAT team by completing a contact form (available at this webpage: http://support.sweat.com/he/en-us/requests/new) or through the chat function on the SWEAT website.
2. These Terms of Use (including a dispute relating to its existence, validity or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by South Australian law. The courts of South Australia have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Use.
3. If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use, including this Clause 9, affects your rights as a consumer to rely on such mandatory provisions of law.
GENERAL
1. FORCE MAJEURE EVENT
  
  A "Force Majeure Event" means any event beyond SWEAT's reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
  If a Force Majeure Event occurs that affects SWEAT's ability to perform its obligations under these Terms of Use, the SWEAT team will contact you as soon as reasonably possible to notify you and SWEAT's obligations under these Terms of Use will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
2. Data Privacy
  We will only use your personal information as set out in SWEAT's Privacy Policy (as amended from time to time) available at the following webpage: https://www.sweat.com/pages/privacy-policy.
3. Transfers
  SWEAT may transfer its rights and obligations under these Terms of Use to another entity, but this will not affect your rights or SWEAT's obligations under these Terms of Use. You may not transfer your rights and obligations under these Terms of Use to another person.
4. Validity
  If any provision of these Terms of Use is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
5. Waiver
  No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
6. Relationship of the parties
  Nothing in the Terms of Use: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by SWEAT to you.
7. Third party rights
  
  A person who is not a party to these Terms of Use has no right whether by applicable statute or otherwise to enforce any term of these Terms of Use.

FORUM COMMUNITY GUIDELINES ADDENDUM

The SWEAT Forum is a dedicated place for women to share their experiences, gain knowledge, find inspiration and develop encouraging friendships during their health and fitness journey. Many women believe the key to reaching their fitness goals lies in having support and advice along the way, and we agree!

We encourage users to post content that is helpful throughout a health and fitness journey. We ask that you be respectful and supportive of one another as we each strive to reach our goals and become happier and healthier!

In order to help us all achieve this, we have a few simple guidelines we ask all users to adhere to. These guidelines form part of the Terms of Use. Please also refer to our Privacy Policy.

General Rules

Always be polite and respectful towards others
Profanity is discouraged and will be moderated
No bullying/harassment or malicious comments
Don’t post anything illegal, offensive or NSFW (e.g. inappropriate photos, illegal supplements, etc)
Don't post pro-anorexia/suicide/self-harm related content
Don’t post links to other sites that violate the forum guidelines
Spam, commercial advertising and self-promotion will not be tolerated
Use your discretion when posting personal information about yourself– do not post anything that you wouldn't be happy sharing publicly online; this is not a private forum and this information can be accessed by anyone at any time – see the section 'Sharing information in the SWEAT Forum' below for further details
We encourage healthy conversation and constructive debates but discourage arguments or content that is inflammatory
Sweat does not endorse anything posted by Forum Users and has no responsibility for how the information that you choose to post in the Forum is used.

If you find a post that you feel violates these guidelines, please flag it by using the ‘report’ feature next to the comment.

If you are found to violate or break any of these guidelines, or for cases where we deem appropriate, we may delete your posts in the Forum and/or remove you from the Forum, as outlined in the suspension and termination section of the Terms of Use.

Sharing information in the SWEAT Forum

The Forum is a public forum, which means that anything you post is public information (including your username) and can be seen by anyone online, whether or not they are a part of our community.

Always remember that when you share content in the Forum, other people can screenshot or reshare that content. As the Forum is public, information posted in the Forum may be searchable via third party internet search engines (such as Google), websites and apps.

If you do choose to share information which can be linked to you, be careful about what you post.
We recommend that you do not post sensitive personal information that can be linked back to you or anybody else. Remember to use your discretion when posting in a public forum.
Do not share personal information about other people or content that you do not have the right to share in the Forum.
We have no responsibility over the information that you choose to post in the Forum.
Remember that if you choose to use your real name for your Forum username, then your posts can be linked back to you personally.
If you choose to link your Instagram name to your Forum account, then it will be possible for people to find your Instagram page via the Forum and link your Forum posts back to you personally.

PRENATAL AND POST-PREGNANCY PROGRAM ADDENDUM

These provisions apply when you participate in the Prenatal Workouts or Post-Pregnancy Workouts offered by SWEAT on the Platform. If you do not agree to these provisions, you must not participate in the Prenatal Workouts or Post-Pregnancy Workouts.

1. Specifically, when participating in any of the Prenatal Workouts or Post-Pregnancy Workouts, you represent, warrant and acknowledge the following:

(a)

you are participating in the Prenatal Workouts or Post-Pregnancy Workouts entirely at your own risk, and acknowledge that if you make any modifications to the Prenatal Workouts or Post-Pregnancy Workouts while participating in the Prenatal Workouts or Post-Pregnancy Workouts, or if you undertake, while pregnant, any SWEAT Program or workout not recommended by SWEAT, you also do so entirely at your own risk. In addition, you understand that, in participating in the Post-Pregnancy Workouts, there is (amongst other potential health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post birth). You acknowledge that these matters can all be affected by the pace, frequency and nature of exercise that you engage in before, during and post pregnancy and that you need to use caution and seek professional health advice if you are at all unsure about your health or fitness to continue, or health concerns arise after, you have undertaken any exercise as part of the Prenatal Workouts or Post-Pregnancy Workouts;

(b)

you have obtained and relied on the medical clearance of your doctor, physician, obstetrician or other medical professional in determining to participate (and once commenced, to continue participating in) the Prenatal Workouts or Post-Pregnancy Workouts;

(c)

the Prenatal Workouts and Post-Pregnancy Workouts are provided for informational purposes only. You acknowledge that any instruction, information, or guidance contained in the Prenatal Workouts or Post-Pregnancy Workouts is not a substitute for medical advice, consultation, and/or medical treatment from your doctor or healthcare provider. You should not delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of any instruction, information or guidance contained in the Prenatal Workouts or Post-Pregnancy Workouts.

(d)

SWEAT makes no representation or warranty that any particular fitness, nutrition or health program is suitable, safe or adequate for any particular User. Accordingly, SWEAT is not aware of and cannot determine your individual suitability for the Prenatal Workouts or Post-Pregnancy Workouts. To the maximum extent permitted by Applicable Laws, you will indemnify SWEAT and the Associated Parties and hold them harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:

(i)

your participation in the Prenatal Workouts or Post-Pregnancy Workouts; or

(ii)

your breach of any of the provisions of this Prenatal and Post-Pregnancy Program Addendum;

(e)

any information provided by you to Sweat in connection with the Prenatal Workouts or Post-Pregnancy Workouts, including the fact that you have received medical clearance to participate in the Prenatal Workouts or Post-Pregnancy Workouts, is true, and you further acknowledge that SWEAT has relied on this representation in order to make available to you the participate safely in the Prenatal Workouts or Post-Pregnancy Workouts; and

(f)

you are responsible for your own safety and are participating in this fitness activity at your own risk. You will not exceed the exercise recommended by your physician or health care provider. You know that you need to stop exercising immediately and seek medical advice if at any time during or after having undertaken any exercise as part of the Prenatal Workouts or Post-Pregnancy Workouts, you experience faintness, dizziness, pain, discomfort, bleeding, or shortness of breath, feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in the Prenatal Workouts or Post-Pregnancy Workouts, or at any time thereafter).

ADDITIONAL TERMS

If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Terms of Use:

AUSTRALIA
1. In this Section 1 (Australia) of these Additional Terms:
  
  (a)
  Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
  
  (b)
  Consumer has the meaning given to that term in section 3 of the Australian Consumer Law; and
  
  (c)
  Consumer Guarantees means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.
2. Where you acquire as a Consumer:
  
  (a)
  goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, the operation of the Consumer Guarantees cannot be, and are not in these Terms of Use, excluded, restricted or modified; and
  
  (b)
  other goods and services, we limit our liability for a failure to comply with any Consumer Guarantee as described in Clause 7.1(b) of these Terms of Use,
  
  and we do not exclude or limit the operation of the Consumer Guarantees under any provision of these Terms of Use or in any other manner, and the parties agree it is fair and reasonable in all the circumstances for our liability to be so limited.
CANADA
1. Section 1.1 (Eligibility) is replaced with the following:
  
  By accessing or using the Platform, you confirm that:
  
  (a)
  you are of legal age in your country and not under 16 years old. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable); and
  
  (b)
  you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.
UNITED STATES OF AMERICA
1. Section 1.1 (Eligibility) is replaced with the following:
  
  By accessing or using the Platform, you confirm that:
  
  (a)
  you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older; and
  
  (b)
  you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.

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