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PRIVACY POLICY

Last updated: 7/7/2025

Thank you for visiting SWEAT440 Franchise System, LLC’s (“Sweat440”, “we” or “us”) website. We want to assure you that SWEAT440 takes privacy matters very seriously and is committed to protecting your privacy. Therefore, we are providing this Privacy Policy to explain our privacy practices and the choices you can make about the way your information is collected and used.

This Privacy Policy explains the manner in which we may collect, use and disclose personal information which you provide to us while using the SWEAT440 website (the “Site”) or certain services of our SWEAT440 studios (the “Services”). By visiting this Site or otherwise providing us with your personal information by using our Services, you agree to be bound by the terms of this Privacy Policy.

While we require our franchisees to adhere to the principles and practices outlined in this Privacy Policy when handling personal information, each franchisee operates as an independent business. As such, we do not control and are not responsible for the privacy practices of our franchisees. We obligate our franchisees, through contractual agreements, to use personal information only for the purposes permitted under this Privacy Policy and applicable law. However, users should review the individual privacy policies of franchisees when interacting directly with them.

Your use of this Site and any issues relating to this Privacy Policy are subject to SWEAT440’s then-current Terms of Use, which are located on our Site at https://sweat440.com/terms-of-use/.

COLLECTION AND USE OF PERSONAL INFORMATION

PERSONAL INFORMATION COLLECTED DIRECTLY FROM YOU 

We collect personal information that you provide to us or that is otherwise provided to us on your behalf (such as from our franchisees). You may choose to provide certain personal information in order to access or use certain features or services of the Site or the Services, such as making a purchase, joining one of our studios, paying your membership fees, signing up for and/or attending classes, requesting information, filling out an employment or franchise application, entering a sweepstakes, logging into certain exercise equipment consoles using your member keytag, or otherwise contacting us. Such information may include:

  • Your name, phone number, e-mail address, mailing address
  • Geolocation data 
  • Credit card or banking information
  • Membership and account information
  • Workout information, machine usage and input information, or other information
  • Other information related to your requests or inquiries or information you provide us when you contact us.  

You can always choose not to provide information, but it may limit your ability to use a particular service or feature on the Site or the Services.

By providing your personal information to us, you are authorizing us to collect, use and disclose such information in the manner outlined in this Privacy Policy. Unless we advise otherwise, your information will only be used for the purposes for which it was provided or in order to contact you regarding related matters. We limit the information we collect to what we feel is necessary for those purposes. 

PERSONAL INFORMATION COLLECTED AUTOMATICALLY 

SWEAT440 also collects information that is sent to us automatically by your web browser. The information we receive depends upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. We use this information primarily to create statistics that help us improve our Site and make it more compatible with the technology used by our visitors. We may link this information with your personal information as we deem necessary for our business purposes. Such information may contain visitors’ IP addresses and other information which could be used to trace and identify individuals.

WHY WE COLLECT YOUR PERSONAL INFORMATION AND HOW WE USE IT

We collect and process personal information for the following purposes in order to:

  • Provide the Site and Services and assist our franchisees in providing you with Services
  • Ensure that the Site and Services are operational and optimized for user experience
  • Enhance customer experience, including to provide customer support
  • Detect, prevent and investigate fraud, illegal activities, unauthorized access to or use of our Site, security breaches or any other wrongful behavior/behavior
  • Deliver content and tailored advertising, and generally market and advertise Services
  • Provide you with notices regarding Services or memberships you have purchased, and studio classes and schedules.
  • To administer and fulfill contests, sweepstakes or other promotions
  • Provide you with notices regarding Services that you may wish to purchase in the future including, in some cases, to send you direct marketing communications regarding other services that we may think are of interest to you
  • Respond to your queries and requests, or otherwise communicate directly with you
  • Perform system maintenance and upgrades, and enable new features
  • Conduct statistical analyses and analytics based on usage and activity on the Site and the Services
  • Provide information to regulatory bodies when legally required, and only as outlined in this Privacy Policy

 

COOKIES 

SWEAT440 collects information that is sent to us automatically through cookies and other similar technologies are used on the Site and by third parties to collect information over time and across third party websites, to support the Site’s functionality and to improve user experience. The categories of cookies are: 

Functionality Cookies help us enhance the performance and functionality of our Site to remember your choices, setting, or preferences from one visit to the next. These are not necessary for your use. Still, certain functions or features may become unavailable if you refuse them.

Analytical/Performance Cookies collect information about your use of our Site, including which pages you visit, and whether you experience any errors. These cookies do not collect any personally identifiable information. The information collected is only used to analyze how the Site is being accessed and used in order for us to improve the Site and your experience using it.

Targeting Cookies collect information designed to customize your experience on the Site and other sites, and record information about your visit to the Site, the pages you have visited and the links you have followed, so we can recognize you as a prior visitor to tailor marketing to your interests and measure the effectiveness of our marketing strategies. This information may be shared with third parties for marketing purposes.

You have the ability to set your browser to reject cookies. However, if you set your browser to reject cookies, it may affect or limit the use of certain features and functionality of this Site.

 

YOUR ACCOUNT AND TRANSACTIONAL AND MARKETING COMMUNICATIONS 

Please note that by filling out a promotional form on our website, you consent to the creation of a user account in SWEAT440’s web application, which is necessary to access any offers provided, including booking a free class, purchasing packages, or obtaining memberships. By providing your phone number and email, you consent to receive transactional emails and SMS messages from SWEAT440 regarding your account and class bookings. Please see our SMS & TEXT COMPLIANCE POLICY for more information. 

We may periodically send you newsletters, e-mails or similar communications featuring sales and promotions, news about new SWEAT440 products and services, requests for your feedback, or other information we think may be of interest to you, in accordance with local law. You may stop receiving marketing communications from us at any time by following the instructions included in the message you received. However, if you unsubscribe from our marketing communications, you may still receive transactional messages. You will not automatically become unsubscribed from the marketing communications of the franchise owner of the SWEAT440 studio you joined or to which your e-mail address has been provided as set forth in this Privacy Policy. SWEAT440 franchises are independently owned and operated businesses and we do not control their use of your e-mail address. Accordingly, if you are a member at a SWEAT440 franchise studio, please contact your home studio directly to learn how to unsubscribe from such communications. We may use workout and machine usage data collected through our Services to provide you with tailored products or service offerings, to conduct member usage and market analysis, and to compile aggregated data sets for use in our marketing and business objectives.

 

SMS & TEXT COMPLIANCE POLICY

By providing your phone number and clicking on a submit button such as “Buy Now!” or “Join Now!” button, you consent and agree to opt-in to receive text messages. Message frequency depends on the marketing offers we provide.  You may opt out of receiving text messages by texting “Stop” at the end of any message you receive, or you can opt out of these communications by contacting us at contact@sweat440.com and sharing the phone number that you would like to opt out. You may also reply “Help” for help. Messaging and data rates may apply. 

We may disclose your SMS opt-in or consent status, with third parties or marketing affiliates that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. We will not share or sell your phone number, your opt-in to the SMS with third parties for their direct marketing purposes or for purposes unrelated to our services or Site. 

 

DISCLOSURE OF PERSONAL INFORMATION

SWEAT440 may disclose your personal information to third party service providers or agents who provide services to or on behalf of SWEAT440 or its members such as, but not limited to, hosting, data management and storage services, sweepstakes providers, Black Card benefits providers and retention services. Either SWEAT440 or such third party service provider may use servers for such purposes located in the United States or another foreign country. Your personal information may be processed and stored in the United States or such other foreign country and the governments, courts, law enforcement and regulatory agencies of that country may be able to demand disclosure of personal information pursuant to the laws of such country.

We do not generally disclose your personal information to third parties without your consent unless required by applicable law. However, there are some situations in which we may disclose your personal information without your consent including, but not limited to:

  • with current and future parent companies, subsidiaries and affiliated entities of SWEAT440;
  • with SWEAT440 franchisees, if you are a SWEAT440 member, visitor or guest at a SWEAT440 franchisee studio location;
  • with our third party service providers, as we deem necessary in connection with the services being provided to us or on our behalf;
  • in connection with a merger, sale, corporate reorganization or similar business transaction involving SWEAT440, its parents, subsidiaries, affiliates or one or more of its franchisees;
  • when we are required or authorized by law to do so (for example, in response to a subpoena issued by a court);
  • to prevent spam, abuse, or other malicious activity of actors with respect to the Site and/or Services, and to protect our rights or property and/or the rights or property of those who use the Site and/or Services; or
  • if the information is already on the public record and the disclosure is directly related to the purposes for which it was recorded on the public record.

SWEAT440 will not disclose, trade, rent, sell or otherwise transfer phone numbers, email addresses or other personally identifiable information for profit. We may disclose your personal information we collect at the home studios like your contact information, classes you’ve registered for and/or attended. This information is disclosed with third parties (e.g. Google and Meta) to help us analyze our Services, however these third parties may also use this information for their own marketing and other purposes. You can opt out of this disclosure to your personal information by contacting us at contact@sweat440.com. If you are a member of a SWEAT440 location in Canada or a Canadian resident, we will only share such information if you have agreed to receive commercial electronic messages from us and our partners. If you unsubscribe from our commercial communications, we will no longer share your information with third parties for marketing purposes. Please note that SWEAT440 may freely disclose, sell, or transfer collected information that does not contain any personally identifiable information, such as aggregated workout data or studio visitation trend data or analysis derived therefrom,  for any legitimate business or marketing purpose. 

 

RIGHTS TO YOUR PERSONAL INFORMATION

TEXAS

If you are a Texas resident, you may have  certain privacy rights with respect to your personal information: 

  • Right to request deletion of your personal information 
  • Right to challenge the accuracy and completeness of your personal information and to have it corrected, as appropriate
  • Right to data portability and request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law
  • Right to opt out of targeted advertising, the sale of your personal information, and profiling in furtherance of decisions that produce legal or similarly significant effects
  • Right to appeal if we deny your privacy request 

If your request for these rights is denied, we will notify you in writing of the reason for such denial. To request these rights, please visit your home studio or contact us at contact@sweat440.com or here. When we receive your request, we will first verify your identity by asking you to provide your name, and the email address and phone number reflected in our records. Once we have verified your identity, we will promptly fulfill your request. You may also authorize an agent to submit a request on your behalf. 

 

OTHER STATES 

A number of other U.S. states may provide their residents with certain privacy rights. As applicable, you may have these rights: 

  • Whether we are processing your personal information, access to that information and to receive a copy of your personal information.
  • Correction of your personal information that is inaccurate.
  • Deletion of your personal information.
  • Opt out of the processing of your personal information for the purposes of providing you with targeted advertising

 

SECURITY

Security for all personal information is extremely important to us. We store your personal information securely and use encryption and/or other special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no data transmission over the Internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, SWEAT440 cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

 

USE OF THIS SITE BY MINORS

This Site is a commercial website intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use this Site without the prior permission and supervision of your legal guardians. SWEAT440 does not accept members under the age of 18 and does not knowingly collect information from anyone under the age of 18. If you believe that we have any personal information from or about anyone under the age of 18, please contact us at contact@sweat440.com. 

 

FRANCHISEES AND OTHER THIRD PARTIES

We may share your personal information with SWEAT440 franchisees and other third parties as set forth in this Privacy Policy. We may also provide links to other websites that are not affiliated with us. We do not have control over such third parties’ use and handling of your personal information and we are not responsible for their privacy procedures. We recommend that you review their privacy policies and procedures before providing any personal information to them.

 

VISITORS OF:

INTERNATIONAL VISITORS

The Site is hosted in the United States and is intended for visitors located within the United States. For visitors using the Site from outside the United Stated, please note that you are transferring and consenting to transfer your personal information outside of your region to the United States for processing of that information. By using the Site you hereby expressly consent to such transfer of information or data to the United States.

We have implemented safeguards we believe are designed to ensure that the personal information we process remains protected in accordance with this Privacy Policy, including when processed internationally or by our third-party service providers and partners. 

 

CALIFORNIA RESIDENTS NOTICE

California Civil Code § 1798.83 permits residents of California to request from SWEAT440 a notice disclosing: (1) the categories of personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes, during the preceding calendar year, and (2) the names and addresses of those third parties. To make such a request, please contact us at:

SWEAT440 Headquarters

  • Attn: Privacy Officer
  • 1916 Bay Rd,
  • Miami Beach, FL 33139
  • Email: contact@sweat440.com
  • (888) 507-9328

 

PRIVACY POLICY UPDATES

We reserve the right to update or modify this policy at any time and from time to time without prior notice by posting a revised version of the policy on the Site. If we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email or your account. Your use of the Site or any SWEAT440 facility following any revision to the policy constitutes your agreement that all personal information collected from or about you after the revised policy is posted will be subject to the terms and conditions of the revised policy. The date listed above indicates the most recent change or update to this policy.

 

PRIVACY OFFICER CONTACT INFORMATION

If you have any questions or concerns about our privacy practices,
please feel free to contact our Privacy Officer via Email at contact@sweat440.com