CKO Kickboxing Privacy Policy

1. Introduction and Binding Agreement

CKO Kickboxing, including its parent companies, subsidiaries, affiliates, licensors, franchisees, independently owned and operated locations, successors, assigns, contractors, and authorized representatives (collectively, “CKO,” “Company,” “we,” “our,” or “us”), provides this Privacy Policy to describe its practices regarding the collection, use, disclosure, storage, and protection of personal information. This Privacy Policy applies to all users of CKO’s websites, affiliated microsites, franchise-operated websites, mobile applications, digital services, and any related platforms (collectively, the “Sites”), regardless of how accessed. By accessing, browsing, or using the Sites in any manner, you expressly acknowledge and agree that this Privacy Policy constitutes a legally binding agreement between you and CKO. Your use of the Sites and submission of information is voluntary and undertaken at your sole risk. If you do not agree, you are prohibited from using the Sites. Nothing contained herein shall be construed to create any fiduciary, advisory, partnership, or special relationship between you and CKO.

2. Scope of Application; Independent Franchise Entities

CKO operates through a system of independently owned and operated franchise locations, each of which is a separate legal entity solely responsible for its own operations, personnel, and data practices. While franchisees may be contractually required to adhere to certain brand standards, CKO does not control and is not responsible for the day-to-day operations or data practices of any franchise location. You acknowledge and agree that personal information submitted through any Site may be accessed, processed, stored, or transferred between CKO corporate and one or more franchisees for legitimate business purposes. To the fullest extent permitted by law, CKO expressly disclaims all liability arising from or related to the acts, omissions, negligence, or data practices of any franchisee, except where such liability cannot be disclaimed under applicable law. Microsites, landing pages, and third-party hosted platforms associated with CKO may be operated by different entities within the CKO network or by third-party vendors, and information submitted through such channels may be processed across multiple systems.

3. Information Collection and User Representations

CKO collects personal information voluntarily provided by users, including but not limited to identifying information, contact details, billing information, payment data, account credentials, and any information submitted through forms, transactions, registrations, or communications. Users may also provide information relating to third parties, and by doing so represent and warrant that they have full legal authority and consent to provide such information. CKO does not solicit or intend to collect sensitive personal information, including medical, health, biometric, or government-issued identification data, and disclaims responsibility for any such information submitted in violation of this Policy. CKO may automatically collect technical and usage data, including IP address, device identifiers, browser type, and behavioral data through tracking technologies. CKO makes no representations or warranties regarding the accuracy or completeness of any information provided by users and shall not be liable for any errors or omissions in such information.

4. Legal Basis and Authority for Processing

CKO processes personal information based on legitimate business interests, contractual necessity, user consent, and compliance with applicable laws, including those of the State of New Jersey. Where consent is required, such consent may be withdrawn subject to operational and legal limitations.

5. Use of Information and Reserved Rights

CKO may use personal information for any lawful purpose, including but not limited to processing transactions, managing memberships, providing support, communicating with users, conducting marketing, performing analytics, preventing fraud, enforcing agreements, and complying with legal obligations. CKO reserves the right to use and process personal information for any legitimate business purpose not expressly prohibited by law.

6. Disclosure and Third-Party Risk Allocation

CKO may disclose personal information to affiliated entities, franchisees, service providers, contractors, and third-party vendors as necessary to support its operations. CKO expressly disclaims any responsibility or liability for the acts, omissions, or security practices of any third party, including payment processors, hosting providers, software platforms, or marketing services, even if integrated into the Sites. Information may also be disclosed to comply with legal obligations, enforce agreements, or protect rights and safety. In the event of a merger, acquisition, or sale of assets, personal information may be transferred as part of such transaction.

7. Cookies, Tracking, and Behavioral Monitoring

CKO uses cookies and similar tracking technologies to analyze usage, improve functionality, and support marketing efforts. By using the Sites, you consent to such tracking. The Sites do not respond to “Do Not Track” signals.

8. Data Security and System Limitations

CKO implements commercially reasonable safeguards designed to protect personal information, including encryption, secure storage, and access controls. However, no system is completely secure. To the fullest extent permitted by law, CKO disclaims liability for unauthorized access, data breaches, or data loss occurring despite such safeguards. CKO shall not be liable for any failure, interruption, delay, or technical malfunction affecting data transmission or system availability.

9. Payment Processing and Financial Data

All payment transactions are processed through independent third-party providers using secure protocols. CKO does not control or assume responsibility for the security or handling of payment data by such providers. To the fullest extent permitted by law, CKO disclaims all liability arising from payment processing, including unauthorized transactions, fraud, or data breaches. By submitting payment information, you acknowledge that such information is transmitted at your own risk and subject to third-party terms.

10. Data Retention and Destruction

CKO retains personal information as long as necessary to fulfill business purposes, comply with legal obligations, resolve disputes, and enforce agreements. CKO reserves the right to retain anonymized or aggregated data indefinitely and to delete or modify personal information at its sole discretion where permitted by law.

11. User Rights and New Jersey Compliance

Users may request access to, correction of, or deletion of personal information, subject to identity verification and legal limitations. CKO reserves the right to deny such requests where permitted by law. In accordance with New Jersey law, including N.J.S.A. 56:8-163 et seq., CKO will provide notice of data breaches as required.

12. Marketing, Communications, and Consent

CKO may use personal information to send marketing, promotional, transactional, operational, legal, and service-related communications to the fullest extent permitted by applicable law. By providing your contact information, you expressly consent to receive such communications, including via email, telephone, text message, or other electronic means, where permitted. You may opt out of marketing communications; however, such opt-out shall not apply to communications that are transactional, service-related, administrative, or legally required. CKO makes no representation or warranty regarding the successful delivery of any communication and shall not be liable for any failure, delay, misdelivery, filtering, or non-receipt of communications due to technical issues, third-party systems, or factors beyond its control.

13. User Responsibility and Account Security

You are solely and exclusively responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted under your account, whether authorized or unauthorized. You agree to immediately notify CKO of any unauthorized access or use. To the fullest extent permitted by law, CKO shall have no liability whatsoever for any loss, damage, or unauthorized access arising from or related to your failure to safeguard credentials, including but not limited to hacking, phishing, credential stuffing, or third-party misuse. CKO reserves the absolute right, in its sole discretion and without notice, to suspend, restrict, or terminate accounts, remove content, or limit access to the Sites for any reason or no reason, without liability.

14. Children’s Privacy Compliance

The Sites are not directed to individuals under the age of 13. CKO does not knowingly collect personal information from children under 13 in compliance with the Children’s Online Privacy Protection Act. In the event that such information is discovered, CKO reserves the right, in its sole discretion, to delete such data immediately without notice and without liability. To the fullest extent permitted by law, CKO disclaims any liability arising from inadvertent collection of such information.

15. External Links and Third-Party Content

The Sites may contain links to third-party websites, applications, or services that are not owned or controlled by CKO. CKO does not endorse, monitor, or assume responsibility for any third-party content, policies, or practices. Accessing or interacting with such third-party platforms is done entirely at your own risk. To the fullest extent permitted by law, CKO disclaims all liability arising from or related to your use of or reliance on any third-party content, services, or data practices, including any damages or losses incurred.

16. Cross-Border Data Transfers

By accessing or using the Sites, you expressly consent to the transfer, storage, and processing of your information within the United States, including the State of New Jersey, regardless of your country of residence. You acknowledge that data protection laws in the United States may differ from those in your jurisdiction and may not provide the same level of protection. To the fullest extent permitted by law, CKO shall not be liable for any claims arising from such differences in legal protections.

17. Comprehensive Limitation of Liability

To the fullest extent permitted by applicable law, CKO shall not be liable for any damages of any kind arising out of or related to the collection, use, disclosure, storage, transmission, alteration, or security of personal information. This includes, without limitation, direct, indirect, incidental, consequential, special, exemplary, or punitive damages, loss of profits, loss of data, business interruption, loss of goodwill, or reputational harm, regardless of the legal theory asserted, whether in contract, tort, strict liability, or otherwise, and even if CKO has been advised of the possibility of such damages. In jurisdictions where limitations of liability are restricted, CKO’s liability shall be limited to the maximum extent permitted by law.

18. Indemnification and Defense

You agree to indemnify, defend, and hold harmless CKO and its parent companies, affiliates, officers, directors, employees, agents, franchisees, contractors, licensors, service providers, and successors from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees and court costs, arising out of or related to your use of the Sites, your violation of this Privacy Policy, your breach of any applicable law, or your infringement or misappropriation of any rights of any person or entity. CKO reserves the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate with such defense.

19. Mandatory Arbitration and Exclusive Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to this Privacy Policy, the Sites, or the collection, use, or handling of personal information shall be resolved exclusively through final and binding arbitration. Arbitration shall be administered by a recognized arbitration organization and conducted in the State of New Jersey, unless otherwise required by applicable law. The arbitrator shall have exclusive authority to determine all issues relating to the interpretation, enforceability, validity, and scope of this Privacy Policy, including this arbitration provision. You knowingly and voluntarily waive any right to a trial by jury and agree that arbitration shall be the sole and exclusive forum for dispute resolution, except where prohibited by law.

20. Class Action Waiver

To the fullest extent permitted by law, you agree that any dispute or claim shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You expressly waive any right to participate in or recover through any class action, class arbitration, or representative action of any kind.

21. Governing Law and Venue

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles. To the extent any dispute is not subject to arbitration, you agree that such dispute shall be brought exclusively in the state or federal courts located within New Jersey, and you irrevocably consent to the personal jurisdiction and venue of such courts.

22. Severability

If any provision of this Privacy Policy is determined to be invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be severed to the extent necessary, and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

23. No Waiver

No failure or delay by CKO in exercising any right, power, or remedy under this Privacy Policy shall operate as a waiver of that or any other right, power, or remedy. Any waiver must be in writing and signed by an authorized representative of CKO to be effective.

24. Modifications and Updates

CKO reserves the absolute and unrestricted right, in its sole discretion, to modify, amend, or update this Privacy Policy at any time without prior notice. Any modifications shall become effective immediately upon posting to the Sites. Your continued access to or use of the Sites following such modifications constitutes your binding acceptance of the updated Privacy Policy.

25. Contact Information

For all questions, requests, or notices regarding this Privacy Policy or your personal information, you may contact CKO Kickboxing at:

Address: CKO Kickboxing, 900 Madison Street, Suite 200, Hoboken, New Jersey 07030 Email: General@CKOKickboxing.com

CKO reserves the right, in its sole discretion, to require verification of identity prior to responding to any request and may limit, condition, delay, or deny any request as permitted by applicable law. Submission of any communication or request does not create any obligation on the part of CKO to respond or take action, except as required by law. All communications shall be deemed received only upon actual acknowledgment by CKO, and CKO shall not be liable for any failure or delay in responding due to technical issues, misdirected communications, or circumstances beyond its control.