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Privacy Policy

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

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".
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).
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.
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.
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."
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.
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:

Category	How We Obtain It	Who We Share It With
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.	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; 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: age, gender, country of residence, medical conditions or requirements.	Directly from you and your devices.	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: 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.	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 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: physical characteristics such as weight, height, and body measurements such as stride length and apparel size, and photographs identifying your facial features, to the extent you choose to enter these on the Platform.	Directly from you, if you choose to enter these on the Platform.	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: 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.	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: 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).	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: 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.	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: 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, 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.	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 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:

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.

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.

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.

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.
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:

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 22 May 2024.

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use cover important information about the Platform, subscriptions, and any applicable fees. Your subscription is governed by these Terms of Use. The following additional terms may also apply to you:

A. 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.

B. Prenatal and Post-Pregnancy Addendum: the provisions in the Prenatal and Post-Pregnancy Addendum form part of these 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).

C. Additional Terms: If you live in certain countries, the Additional Terms in these Terms of Use may apply to you. These Additional Terms supersede these Terms of Use 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 (“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"), or one of our other products or services, all of which are part of SWEAT's platform ("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 (ACN 162 849 701) (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.

1. USER

1.1. Eligibility
By accessing or using the Platform, you confirm that you are of legal age in your country, are not under 16 years old, 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.

1.2. User Account Creation

a) 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 name, 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.

b) SWEAT may, at its sole discretion:

i) limit the number of User Accounts that you may create or maintain;
ii) stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or
iii) refuse to create a User Account for you.

1.3. Security

a) 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).

b) 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.

c) 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.

1.4. Suspension and termination

a) SWEAT has 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 these Term of Use), subject to Applicable Laws (as defined at clause 3.1 below)

b) 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.

2. SUBSCRIPTION SERVICE

2.1. Subscription

a) You can choose to subscribe to the Platform either on a monthly or annual basis, or for such other periods that SWEAT may offer from time to time, and the applicable fees are set out on the Website or on the applicable app store from which the SWEAT App can be downloaded.

b) Sweat may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms of Use.

c) 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.

d) We reserve the right to change our pricing. In the event of a price change, we (or the relevant app store from which your Subscription was created as an in-app purchase) will attempt to notify you not less than thirty (30) days in advance of the change (or the prescribed notice period set by the relevant app store) by sending you an email and, where applicable, push notification. If you do not wish to accept a price change, you may cancel your subscription prior to the price change taking effect. If you do not cancel your subscription after the price change takes effect and prior to the start of your next billing period, your subscription will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorise us to charge your payment method these amounts. We will not be able to notify you of any changes in applicable taxes.

e) We reserve 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 our 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.

2.2. Free trials

a) We may provide a free trial subscription for a fixed period of time, as determined by us at our sole discretion.

b) Unless otherwise stated in respect of specific promotions, free trials are only available to new SWEAT users, and we reserve 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. 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.

c) If you begin your subscription with a free trial, we will begin billing your payment method for subscription fees at the end of the free trial period of your subscription unless you cancel your subscription before the end of the free trial period. To cancel your subscription during the free trial period, please refer to the instructions set out at clause 2.5 below.

2.3. Payment details

a) You can pay the fees for your subscription on our 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).

b) 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 authorisation or any authorisation 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.

c) 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 overseas or in a foreign currency. You are responsible for paying any such fees.

2.4. Automatic renewal of subscription
Your subscription will automatically renew for the same term of your initial subscription unless you cancel your subscription 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 within your User Account 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.

2.5. Cancellations

a) App cancellations
If your Subscription was created as an in-app purchase via an app store you must cancel your subscription via that app store. Any refund of subscription fees will be governed by the applicable terms and conditions of that app store.

b) Website cancellations
If the User Account was created on the Website, the subscription may be cancelled by navigating to your profile page within your User Account 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. A refund will not be issued upon cancellation.

3. USE OF THE PLATFORM

3.1. 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.

3.2. 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, 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 may 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.

4. AVAILABILITY OF SERVICES, SECURITY

4.1. 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.

4.2. 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.

4.3. 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.

4.4. 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.

4.5. 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.

5. INTELLECTUAL PROPERTY, USE LICENCE

5.1. 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.

5.2. 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 licence 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 licence or your access to the Platform at any time and for any reason. Your licence shall terminate upon the expiry or termination of your User Account.

5.3. 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.

6. THIRD PARTY SERVICES AND CONTENT

a) 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.

b) 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.

c) 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.

7. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY

7.1. 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 above, 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) AUD 100.00.

7.2. 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 above, 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) 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.

c) 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 recommend 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.

7.3. Indemnification

a) 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:

i) your use of, or conduct in connection with, the Platform;
ii) your breach of these Terms of Use;
iii) the Contributed Content you provide; or
iv) your violation of any Applicable Laws or the rights of any other person or entity.

b) 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.

8. CHANGES AND UPDATES TO PLATFORM, TERMS OF USE
SWEAT may delete 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 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.

9. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

9.1. If you have any questions, feedback or complaints, please contact the SWEAT team by email at support@sweat.com.

9.2. 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.

9.3 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.

10. PROMOTIONS (current and past)

10.1. CYBER SALE 2024 PROMOTION
The Cyber Sale 2024 promotion (Cyber Sale) is subject to these terms and conditions:

this Cyber Sale starts:
1. on the Website at 10.00am 7 November 2024 ACDT and ends at 10.00am 12 December 2024 ACDT; and
2. via the Apple App Store and Google Play Store (In-App) at 10.00am 11 November 2024 ACDT and ends at 10.00am 12 December 2024 ACDT,

(Cyber Sale Period);

this Cyber Sale can be redeemed on monthly and annual subscriptions on the Website and In-App during the Cyber Sale Period;
this Cyber Sale excludes current paying/active/trial SWEAT Users or those who have recently cancelled but are yet to finish their remaining billing cycle;
Users must have the latest version of the SWEAT App to redeem a subscription during the Cyber Sale Period;
all subscriptions redeemed during the Cyber Sale Period will pay the Cyber Sale price for the relevant offer period (6 month for monthly subscriptions and 12 months for annual subscriptions) (Cyber Sale Offer) and at the end of the Cyber Sale Offer the subscription will automatically renew at the standard subscription price unless you cancel your subscription before the end of the Cyber Sale Offer in accordance with clause 2.4 of our Terms of Use;
for Website subscriptions, Users subscribing to either monthly or annual subscription during the Cyber Sale will be eligible for a free 7-day trial, including Users who have previously registered for a free 7-day trial. After the trial, your subscription will automatically rollover at the Cyber Sale price unless you cancel your subscription before the end of the trial in accordance with clause 2.5 of our Terms of Use;
for In-App subscriptions, only Users subscribing to a monthly subscription In-App during the Cyber Sale will be eligible for a free 7-day trial, excluding Users who have previously registered for a free 7-day trial. After the trial, your subscription will automatically rollover at the Cyber Sale price unless you cancel your subscription before the end of the trial in accordance with clause 2.5 of our Terms of Use. For avoidance of doubt, In-App Users subscribing to an annual subscription will not be eligible for a free 7-day trial;
the Cyber Sale price, the standard subscription price and 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 SWEAT App);
this Cyber Sale cannot be combined with any other promotion, discount, offer, code or coupon;
SWEAT reserves the right to revoke, cancel and/or amend the Cyber Sale and these Cyber Sale terms and conditions at any time without notice; and
this Cyber Sale is otherwise subject to SWEAT’s Terms of Use and Privacy Policy.

10.2 NEW YEAR 2024 PROMOTION
The New Year 2024 promotion (NY Promotion) is subject to these terms and conditions:

a) this NY Promotion starts at 10.00am 11 January 2024 ACDT and ends at 10.00am 1 February 2024 ACDT;
b) this NY Promotion can only be redeemed on our website during the NY Promotion period stipulated in section (a) above;
c) this NY Promotion excludes current paying/active/trial SWEAT Users or those who have recently cancelled but are yet to finish their remaining billing cycle;
d) Users subscribing to this NY Promotion will pay $1.00 for two consecutive months’ use of the Sweat App (NY Promotion Term). After the end of the NY Promotion Term, your subscription will automatically renew at a discounted monthly subscription price of $14.99 per month unless you cancel your subscription before the end of the NY Promotion Term in accordance with clause 2.5 of our Terms of Use;
e) 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 Sweat app);
f) this NY Promotion cannot be combined with any other promotion, discount, offer, code or coupon;
g) SWEAT reserves the right to revoke, cancel and/or amend the NY Promotion and these NY Promotion terms and conditions at any time without notice; and
h) this NY Promotion is otherwise subject to SWEAT’s Terms of Use and Privacy Policy.

10.3. STEP INTO STRENGTH PROMOTION
The Step into Strength promotion (Step into Strength Promotion) is subject to these terms and conditions:

a) this Step into Strength Promotion starts at 10.00am 8 April 2024 ACST and ends at 10.00am 23 April 2024 ACST;
b) this Step into Strength Promotion can only be redeemed on annual subscriptions on the Sweat website during the Step into Strength Promotion period stipulated in section (a) above;
c) this Step into Strength Promotion excludes current paying/active/trial SWEAT Users or those who have recently cancelled but are yet to finish their remaining billing cycle;
d) annual subscriptions made on the SWEAT website during the Step into Strength Promotion will automatically renew at the Step into Strength Promotion price unless the subscription is cancelled before the end of the annual subscription term in accordance with clause 2.5 of our Terms of Use;
e) 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 Sweat app);
f) this Step into Strength Promotion cannot be combined with any other promotion, discount, offer, code or coupon;
g) SWEAT reserves the right to revoke, cancel and/or amend the Step into Strength Promotion and these Step into Strength Promotion terms and conditions at any time without notice; and
h) this Step into Strength Promotion is otherwise subject to SWEAT’s Terms of Use and Privacy Policy.

11. GENERAL

11. 1. Force Majeure Event

a) 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.

b) 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.

11.2. Data Privacy
We will only use your personal information as set out in SWEAT's Privacy Policy (as amended from time to time).

11.3. 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.

11.4. 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.

11.5. Waiver
No waiver of any provision in these Terms of Use shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy under these Terms of Use 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.

11.6. 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.

11.7. 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.

A. 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.

1. 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.

2. 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.

B. 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.
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 to 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).

C. 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
c) 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.

2. CANADA

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.

3. UNITED STATES OF AMERICA

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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