PRIVACY POLICY

Updated: April 1, 2021

Privacy and the protection of personal information is important to MW Franchise Holdings International, LLC (“MW Franchisor”) and its affiliates and subsidiaries, including MW Digital Holdings, LLC (“MW Digital”) (collectively, “Mayweather”, “we”, “us” or “our(s)”). This Privacy Policy describes the information we may collect about you through your interactions with us, including through the Mayweather website(s) (“Website”), our mobile application(s) (“App”), our social media site(s) (“Social Media Site”), or the products and services we offer, as may be revised (collectively, “Services”). The Privacy Policy also describes how we may use and share your personal information collected through the Services.

1. YOUR UNDERSTANDING OF AND CONSENT TO THIS PRIVACY POLICY

There are different types of information that are subject to this Privacy Policy. Some of the information we collect may be “personal information,” meaning information that identifies you as an individual either alone or in combination with some other type of information that we collect. Other information subject to this Privacy Policy may be non-personal, meaning it does not, in and of itself, personally identify you – for example, an IP address. This Privacy Policy applies to the various types of information we might collect from or about you through the Services; this Privacy Policy does not apply to information collected by franchisees at an independently owned and operated Mayweather Boxing + Fitness® studio except as described in this policy with regard to data sharing and change of a franchisee.This Privacy Policy explains what information we collect, how we might use this information, the third parties with whom we might share this information, and your choices in controlling your own personal information.This Privacy Policy supplements and shall be made part of that separate Terms of Use which governs your access to and use of our Services. By choosing to interact with Mayweather through our Services, you voluntarily and knowingly consent and agree to the privacy practices described herein.

2. CHANGES TO THE PRIVACY POLICY

Privacy laws and best practices change frequently. We reserve the right to update or modify this Privacy Policy, inclusive of the California Consumer Privacy Statement (as applicable), at any time with or without prior notice by posting a revised version of the Privacy Policy on our Website or in the App. Your continued use of Services after the time of any such change shall constitute your acceptance and agreement with any such changes. You can always find the most current, up-to-date version of the Privacy Policy on our Website at the link titled “Privacy” or “Privacy Policy.” The Privacy Policy then posted on the Website shall replace all previous versions.

3. INFORMATION THAT WE MAY COLLECT ABOUT YOU

We collect a variety of personal information from and about you through the Services, including:

Information you provide to us yourself. We may collect the information you manually provide to us when using our Services.  Information you provide and that we collect may include information collected during your account creation process; your completion of a questionnaire or survey; your communications with us (directly or indirectly); your sign-up for an event, sweepstakes or fitness challenge; your survey or form submission; your emergency contact information; your uploaded images; your written testimonials or message board submissions; information submitted in the course of applying for employment; your placing an order for products or services through our Website or the App; or any other direct form of interaction you might have with us.  Personal information that you might manually provide us could include your name, gender, username, password, date of birth, address, phone number, order history, fitness goals, or payment information (such as a credit card number);

Information that we collect about you from third-party sources. We may receive information about you from other sources, including through third-party services and organizations, to supplement information provided by you. For example, if you access our Services through a third-party application, such as the Apple App Store or Google Play App Store, or social media sites such as Facebook, we may collect information about you from that third-party application that you have made public via your privacy settings.  We may also collect information about you from our third-party service providers such as ClubReady, our provider for studio management software services.  We may also collect information about you from our franchisees, including information provided by you through sales lead forms such as your first name, last name, email, phone number and fitness goals.  Information we collect through an App Store, social media site or third-party vendor for services may include your name, location, gender, birth date, email, profile picture, fitness goals, and your social media contacts. This supplemental information allows us to enhance our ability to provide you with Services.

Information collected about you from your browser or device. We collect information about you that is sent to us automatically by your web browser or mobile device.  This type of information typically includes your IP address, your operating system, the name and version of your browser, the internet service provider, the date and time of your visit to our Website, and the Website pages that you visited.  The specific information that we may receive about you will depend on your browser and/or device settings.  The information that we receive about you from your browser or device is not considered personally identifiable information; however, we might use this information in the aggregate to help us improve our Services or make our chosen technologies more compatible with the preferences of our visitors.  We may combine browser or device data with other types of information to make it personally identifiable; for example, in the event of an unauthorized intrusion into our system we may share server logs (which include IP addresses) with the authorities investigating the matter to trace the source to an identifiable person.

Information Collected by Cookies and Other Technologies. We use “cookies” and other technologies to collect information and support certain features of our Services.  For example, we may use these technologies to: (a) collect information about the ways visitors use our Website (which pages they visit, which links they use, and how long they stay on each page); (b) support the features and functionality of the Website or the App (for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits); (c) personalize your experience when you use our Services; and (d) improve our marketing efforts, including through use of targeted advertising.  The information we collect using cookies and similar technologies is not, in and of itself, personally identifiable, but we may link it to personal information that you provide.  If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer.  Although you are not required to accept cookies when you visit our Website, you may be unable to use all of the functionality of the Website if your browser rejects our cookies.

How we use geolocation data. If you use our App, we may request permission to know your location so that we can better provide you with location-specific information (such as a Mayweather studio nearby, studio hours, class schedules, etc.).  If you consent to and permit the geolocating request, then the App will use the technology services tied to your mobile device (like GPS, Blutooth, your device identifier, your IP address, cell tower locations) to collect and use real-time data to locate your precise geographical location in the world.  We maintain location data records for as long as necessary to deliver the services that you have requested.  You can update geolocation settings in your mobile device to always be running in the background, or you can disable them, either for one app in particular or for all of them.

4. PURPOSE FOR COLLECTION AND HOW WE MIGHT USE YOUR INFORMATION

We will use your information for legitimate business purposes, including:

- To provide, operate and maintain the information, products and services you have requested;

- To register you for certain events, classes or services;

- To provide you with customer service;

- To provide you with updates or service announcements related to our Services;

- To provide a personalized experience and interaction with our Services;

- To process payment transactions authorized by you;

- To fulfill orders for goods and services requested by you;

- To enforce our agreements or other terms with you;

- To contact you with information and notices related to your use of the Services;

- To improve the content, functionality and useability of the Services, including the Website and the App;

- To contact you with promotions or other offers for goods and services that may be of interest to you consistent with your communication choices and preferences;

- To better understand your needs and interests;

- To prevent fraud and maintain the security of our systems (including payment transactions);

- To evaluate your application and consider you for employment;

- To evaluate and consider your application for franchise ownership;

- To comply with applicable laws, rules and regulations;

- To respond to requests from law enforcement and/or other governmental agencies;

- To protect our own rights and the rights of our partners, members, employees, users and other third parties;

- To create aggregated, anonymized, pseudonymized or de-identified data sets. We may use such data sets for research, product improvement and development, marketing, advertising, trend analysis and other purposes; and

- For any purpose identified in any other agreement or terms between you and us or for any other purposes that you consent to.

5. HOW WE SHARE YOUR INFORMATION

Some of the above uses of your information may involve sharing collected data with third parties, including service providers, affiliates and other partners. Specifically, we may share your information:

As Requested or Consented to by You. We may share information collected through our Services if you specifically request it, whether through the Services or through other channels.

With Our Affiliates. We may share your information between and among affiliated Mayweather companies.

With Our Franchisees. We may share information collected through our Services with a franchisee studio location that you have used or in which you have expressed an interest. These franchisees may be permitted to use your information for their own marketing purposes and in a manner otherwise consistent with this Privacy Policy. If a franchisee sells or otherwise transfers its franchise, we will transfer member information controlled by the outgoing franchisee to the successor franchisee.

With Third-Party Vendors. We may share information collected through our Services with third-party vendors who act for us or on our behalf. For example, we use third-party vendors to design and manage the Website and the App. We also contract with a third-party vendor to manage and operate the studio management technology platform. These third-party vendors may need information about you to perform their functions for us.

With Other Carefully Selected Business Partners. From time to time, we may share your information with selected third parties for their own marketing purposes. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the information you submit to us to participate in the contest or take advantage of the promotion. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law.

In Aggregate or De-Identified Form. We use information collected through our Services to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties so they can better understand our user base. We may also share with third parties information about how particular individuals use our Services, but only on a de-identified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular user of the Website or App, as opposed to Website or App users collectively.

As Part of a Business Transfer. If we or our affiliates are or may be acquired by, merged with, or invested in by another company, or if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected about you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.

To Comply with Applicable Laws. We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order, a subpoena, or a law enforcement request.

To Protect our Rights and/or the Rights of Others. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Services; or to protect our own rights or property or the rights, property or safety of our users or others.

As Described in a Privacy Notice or Click-Through Agreement. We reserve the right to disclose your information as described in any privacy notice posted on our Website, or as described in any click-through agreement to which you have agreed.

6. HOW LONG WE RETAIN YOUR INFORMATION

We may retain your information for as long as necessary to fulfill our business purposes and as is required or permitted under applicable laws.

7. HOW WE PROTECT YOUR INFORMATION

We use reasonable physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal information. Despite these safeguards, however, there is no method for protecting confidential information that is completely secure. While we use measures designed to protect your information, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the Services is or will be secure.

8. HOW WE USE COOKIES AND WEB BEACONS

Cookies are small data files placed onto your device when you visit a site which allows our services to distinguish you from other users, allow the services to work properly, as well as to help monitor advertising effectiveness. Web beacons work similar to cookies, however, instead of a file stored on your computer, web beacons are embedded invisibly on web pages. We use cookies, web beacons, tags, and other similar tracking technologies to track when you visit the Website or App (collectively, “Cookies”). We also allow third parties to place Cookies on our services to assist with advertising.

How We Use Cookies

There are several reasons we use Cookies. Some Cookies are necessary for technical reasons and help our services to operate as intended for your benefit (“Essential Cookies”), such as access to secure areas of the services. Other types of Cookies are used for analytical purposes such as evaluating the way our services are used, or the effectiveness of our advertising, and to customize or personalize advertising to you (“Analytical Cookies”). While these types of Cookies help us to create new features, improve on our existing services, and provide advertisements of interest to you, our services can function without them. We also use Cookies in HTML emails to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Controlling Cookies and Interest-Based Advertising

You can exercise your Cookie preferences by activating the setting on your web browser that allows you to refuse the setting of all or some Cookies. However, if you use your browser settings to block all Cookies, including Essential Cookies, you may not be able to access or use all or parts of our Services. If you have not adjusted your browser setting to refuse cookies, our system will issue Cookies as soon as you visit our services. Blocking or deleting Cookies will not prevent device identification and related data collection from occurring when you access our services. Turning off Analytical Cookies will prevent the ability to measure the relevance and effectiveness of our services, emails, and marketing as well as to show you tailored marketing. Other marketing will still be displayed when you use our services.

How We Use Analytics

We work with service providers (including Google Analytics) who conduct analytics to help us track and understand how visitors use our Website. Google Analytics is a web analytics service provided by Google that uses Cookies to help us analyze how users use our Website. The information generated by the Cookies about your use of the services will be transmitted to and stored by Google on servers in the United States. If you access our Website through different devices, Google may associate your devices with one another. Google has developed the Google Analytics opt-out browser add-on which you may download by clicking here. Please note that the Add-on does not prevent information from being sent to us.

Interest-Based Advertising

Some companies may use information collected on our Website or App to deliver advertisements on our behalf or on behalf of other companies, targeted to your interests and preferences, on our Website or on other websites or applications you may visit, or on your devices, or on your social media feed and to gauge effectiveness of those advertisements. If you would like to opt-out of having interest-based information collected by certain entities during your visits to our Website or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on our website do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies. Opting out from interest-based advertising from one or more advertising networks will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Services or on other websites or applications. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your web browser is configured to reject cookies when you opt out, your opt out may not be effective.

9. LINKS TO THIRD-PARTY WEBSITES AND SERVICES

This Privacy Policy applies only to our Services. As a convenience, we may reference or provide links to third-party websites and services, including those of unaffiliated third parties, our service providers and third parties with whom we do business (including third-party platform providers, social media sites such as Facebook, Vimeo, Instagram, Twitter, EGYM, Google Maps, job application sites, and Amazon Web Services) (collectively, “Third-Party Sites”). We do not control any Third-Party Sites and are not responsible for the contents, nature, or privacy practices of any Third-Party Sites. Any access to and use of the Third-Party Sites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those Third-Party Sites. If you choose to interact with the Third-Party Sites, you should review the applicable privacy policy, as the Third-Party Sites’ privacy practices may differ from ours.

O THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY THIRD-PARTY SITES.

10. ACCESS TO YOUR INFORMATION

If you would like to review, correct, modify and/or update the personal information you have provided to us through our Services, please make the changes yourself through your account associated with our Services or contact us at the information provided below. We will respond to your request where required by and within the time limit set out by the applicable privacy legislation. We will use reasonable efforts to comply with your request, as required by applicable law.To protect your privacy, before we give you access or let you update your information, we may ask you to verify your identity or provide additional information. We will try to update and allow you to access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will disclose the fee before we comply with your request. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, is unlawful, or can be accomplished by you through your account.

11. YOUR CHOICES

We will respect your right to make choices about the ways we collect, use, and disclose your information. This Privacy Policy describes some of your choices, such as your choice to opt out of receiving “cookies.” We may ask you to indicate your choices at the time and on the page where you provide your information.

Do Not Track Mechanisms

California law requires this Privacy Policy to address how we respond to any “Do-Not-Track signal” delivered by your browser. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals. For more information about Do-Not-Track signals and how to turn them on or off, go here.

Your Previously Expressed Preferences

You may change previously expressed preferences regarding how we use your information. You may be able to change preferences through your account. Otherwise, please contact us at the information provided below. You may opt out of promotional emails by clicking the unsubscribe link in the footer of any promotional email we send you. You may opt-in to promotional SMS (text), or otherwise update your SMS preferences, by updating the communication preferences through your ClubReady account. See “Your Choices and Opt-Outs” in ClubReady Privacy Policy, available here.

12. NO COLLECTION OF INFORMATION FROM CHILDREN UNDER THE AGE OF 13

You must be at least 13 years old to access or use our Services. Our Services, including our Website and App, are not targeted to or designed for any child under the age of 13 years old, nor do we knowingly collect, use or disclose personal information about any Services visitor under the age of 13 years old.

13. JURISDICTION FOR HOSTING IS THE UNITED STATES

We are a U.S. company. The servers that support our Services are located in the United States. While in our possession, your information will generally be stored in Mayweather databases or databases maintained by our third-party service providers on servers and data storage devices located in the United States. United States data protection laws may not provide as much protection as the data protection laws in force in some other countries. If you are located in a country outside the United States, by using any of our Services you consent to the transfer of your information to the United States.

14. QUESTIONS ABOUT PRIVACY

If you have questions or concerns about this Privacy Policy, including our data practices, please direct your inquiry to legal@mayweather.fit, or contact us by mail at:

Attn: Privacy

MW Franchise Holdings International, LLC

6221 Wilshire Blvd., Ste. 205

Los Angeles, CA 90048

USA

CALIFORNIA CONSUMER PRIVACY STATEMENT

This California Consumer Privacy Statement (“Statement”) supplements the Mayweather Privacy Policy and applies solely to California resident. This Statement does not apply to Mayweather personnel or job applicants.

This Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (“CCPA”).

1. NOTICE OF COLLECTION AND USE OF PERSONAL INFORMATION

We may collect (and may have collected during the 12-month period prior to the effective date of this Statement) the following categories of personal information about you:

Identifiers: identifiers such as a real name, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, and other similar identifiers;

Additional Data Subject to Cal. Civ. Code § 1798.80:identifiers such as a real name, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, and other similar identifiers; signature, physical characteristics or description, state identification card number, education, bank account number, credit card number, debit card number, and other financial information;

Protected Classifications:characteristics of protected classifications under California or federal law, such as race, color, national origin, age, sex, gender, marital status, citizenship status, and military and veteran status;

Commercial Information:commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies;

Biometric Information:fitness data that may contain identifying information (butnot including physiological or biological imagery from which an identifier template (e.g., faceprint or fingerprint) that can be used to establish individual identity);

Online Activity:internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements.

Geolocation Data: physical location or movements;

Sensory Information: audio, electronic, visual, and similar information;

Employment Information: professional or employment-related information;

Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

As discussed in this section, personal information does not include deidentified or aggregated consumer information or publicly available information lawfully made available by state or federal government records or other personal information that is exempt under the CCPA.We may use (and may have used during the 12-month period prior to the effective date of this Statement) your personal information for the purposes described in our Mayweather Privacy Policy and for the following business purposes specified in the CCPA:

Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer or user information, processing payments, providing marketing services, providing analytics services, or providing similar services;

Auditing related to a current interaction with you and concurrent transactions;

Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

Debugging to identify and repair errors that impair existing intended functionality;

Undertaking internal research for technological development and demonstration;

Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

2. SOURCES OF PERSONAL INFORMATION

During the 12-month period prior to the effective date of this Statement, we may have obtained personal information about you from the following categories of sources:

- Directly from you, such as when you sign up for an account;

- Your devices, when you use our Website or App;

- Your family or friends, such as when they provide us with your contact information by choosing to share their phone contacts with Mayweather;

- Payment processors;

- Our affiliates and subsidiaries;

- Our franchisees;

- Vendors who provide services on our behalf;

- Our joint marketing partners;

- Online advertising services and advertising networks;

- Data analytics providers;

- Operating systems and platforms;

- Social networks

3. SALE OF PERSONAL INFORMATION

We do not sell the personal information of any individual.

4. SHARING OF PERSONAL INFORMATION

During the 12-month period prior to the effective date of this Statement, we may have shared your personal information with certain categories of third parties, as described below. The privacy practices of our marketing partners, vendors and service providers are subject to their privacy notices, which we strongly suggest you review. Mayweather is not responsible for our marketing partners’, vendors’ and service providers’ information practices or privacy notices. We may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

Category of Personal Information

- Identifiers

- Additional Data Subject to Cal. Civ. Code § 1798.80 Law

- Protected Classification

- Commercial Information

- Biometric Information

- Online Activity

- Geolocation Data

- Sensory Information

- Employment Information

- Inferences

Category of Third-Party

- Our marketing partners, vendors, service providers, franchisees, and other App users

- Our marketing partners, vendors, service providers, franchisees, and other App users

- Our vendors and service providers

- Our vendors and service providers

- Our vendors and service providers

- Our marketing partners, vendors, service providers, franchisees, and other App users

- N/A

- Our vendors and service providers

- Our marketing partners, vendors, service providers, franchisees, and other App users

In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Statement, we may have shared personal information about you with the following additional categories of third parties: our affiliates; other persons to whom we have a legal obligation to disclose personal information (including, for example, in response to a duly issued subpoena); and other persons to whom you authorize us to disclose your personal information.

5. CALIFORNIA CONSUMER PRIVACY RIGHTS

You have certain choices regarding your personal information, as described below.

You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

You have the right to request that we delete certain personal information we have collected from you, subject to certain exceptions.

Do-Not-Sell. You have the right to opt-out of the “sale” of your personal information. As discussed above, we do not sell the personal information of any individual.

Shine the Light Request. You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

6. HOW TO SUBMIT A REQUEST

To submit an access or deletion request, please email us at privacy@mayweather.fit or call 1-833-MAYWEATHER.

To submit a Shine the Light request, email us at privacy@mayweather.fit.

If you designate an authorized agent to make an access or deletion request on your behalf using one of the channels described above, we may require you to provide the authorized agent written permission to do so and to verify your own identity directly with us (as described below).

For questions or concerns about our privacy policies and practices, please contact us as described in the “Questions about Privacy” section of our Privacy Policy.

7. VERIFYING REQUESTS

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. We may require you to provide any of the following information: your name, date of birth, the email and physical addresses associated with your account.

8. ADDITIONAL INFORMATION

If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

9. CONTACT INFORMATION

If you have questions or concerns about this Statement, including our data practices, please direct your inquiry to legal@mayweather.fit, or contact us by mail at: 7700 Windrose Ave #G300, Plano, TX, 75024.

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