Sweat Consumer Health Data Privacy Notice

Last updated date: June 24, 2024

This notice supplements Sweat’s Privacy Policy (the “general privacy notice”) which includes full details of how we process all kinds of personal data and respect privacy rights. This notice specifically covers consumer health data as defined under Washington State My Health My Data Act and Nevada's Consumer Health Data Privacy Law.  Consumer health data is broadly defined under these laws, respectively, as personal data that is linked or reasonably linkable to a consumer and that may identify the consumer's past, present, or future physical or mental health status or that is used to identify health status.

Introduction

At The Bikini Body Training Company Pty Ltd (ACN 162 849 701), also known as “Sweat”, we care about keeping your consumer health data both private and safe. With this Consumer Health Data Privacy Notice, our goal is to explain what types of consumer health data we collect and process, where we obtain the consumer health data, the types of consumer health data we disclose to other parties and types of parties we disclose consumer health data to, and rights regarding consumer health data.

Consumer Health Data We Collect

The data we collect about you depends on your interactions with Sweat, the information you choose to provide us, as well as the products and features you use.  Categories of consumer health data that we collect from you include:

• Height

• Weight (starting, current, and goal weight)

• Pregnancy status

• Your fitness goals such as goals related to steps taken and water intake, and progress photos. 

• We also may have access to information you input into a third-party wearable device like your Apple watch (such as steps taken, water intake, calorie count, etc), but only if you choose to link that device with your Sweat account. We do not capture precise location data from your wearable device (for example, we do not collect information about the route of a run, or whether you’re at the gym). 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.

• There may be additional categories of consumer health data that you choose to share about yourself on our social media, the Forum, customer support queries, emails, or for publishing success stories. This could include, for example, photos, bodily measurements, physical condition, surgeries, medical history, dietary preferences, and success stories.

The above categories could be considered your consumer health data because that term is broadly defined under applicable laws. 

Sources of Your Consumer Health Data

We collect your consumer health data directly from you when you choose to share it with us by entering it into the Sweat app, linking a third-party wearable device (like a smart watch), posting it on the Forum, or when you contact us via email, social media, or customer support and include consumer health data in those communications.

Why We Collect and Use Your Consumer Health Data

Primarily, we collect and use consumer health data to provide you with the features or assistance you have requested in the Sweat app (such as when you choose to track your weight), to provide you with specific training programs (such as Sweat’s pregnancy programs) and allowing you to upload progress photos. We also collect and use the consumer health data that users want to appear in their published success stories.  Incidentally, we collect unsolicited consumer health data in the context of your interactions with us, and we do not intend to use such data for any other purpose than responding to users.

If we ever plan to use consumer health data for anything other than its stated purpose, we'll ask for consent, as required by law, such as for advertising or marketing. Currently, we do not use any consumer health data for advertising or marketing.

Our Sharing and Disclosures of Your Consumer Health Data

We share your consumer health data with the following categories of third parties:

• Other companies, contractors or agents that assist us in providing services to you, including our platform infrastructure (AWS), database warehouse (Snowflake), support ticketing (which may include Zendesk), administration services, customer services and information technology support.

• Our legal and other professional advisers who help us to comply with our obligations and to enforce our legal rights in relation to our contract with you (if applicable).

• 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 consumer health 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.

We have not authorised any third party to collect express consumer health data over time and across different websites or online services when a consumer uses our website or uses the Sweat app. 

How to Exercise Your Privacy Rights

You have certain rights with respect to your consumer health data, including rights to access your consumer health data, right to delete your consumer health data, right to withdraw consent relating to your consumer health data, right to confirm whether Sweat is collecting, sharing, or selling your consumer health data.

To exercise your rights, contact us dataprotection@sweat.com. For Sweat app users, you can delete and update your account data using under ‘My Profile’  within the app.

If a request to exercise a right under the Washington State My Health My Data Act or Nevada's Consumer Health Data Privacy Law is denied, individuals may appeal that decision by contacting dataprotection@sweat.com. If an appeal is unsuccessful, individuals can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint, and with the Nevada State Attorney General at https://ag.nv.gov/. 

Changes to Our Consumer Health Privacy Notice  

We may update this policy from time to time. If we make changes, we will revise the date at the top of the policy. If the changes are material, or if otherwise required by the consumer health data laws, we will provide you with additional notice of updates, such as by sending you an email or providing a notification via the Sweat app.