Privacy Policy

1. Overview

Welcome to The Den.

This Privacy Policy explains how A Private Gym The Den, LLC, doing business as The Den ("The Den," "we," "us," or "our"), collects, uses, discloses, retains, and protects personal information in connection with our website, online services, membership inquiries, applications, communications, and certain services and technologies associated with The Den.

The Den operates a private luxury fitness and wellness facility located at:

494 Broad Street, Newark, New Jersey 07102

This Privacy Policy applies primarily to information collected through our website and other digital interactions with The Den. Additional terms, waivers, membership agreements, facility rules, media releases, guest policies, and other agreements may separately govern your relationship with The Den and your use of our physical facilities.

By accessing our website or voluntarily providing information to The Den, you acknowledge that you have had an opportunity to review this Privacy Policy.

2. Information We Collect

Depending on how you interact with The Den, we may collect information including:

Information You Provide

You may voluntarily provide information such as:

• Full name
• Email address
• Telephone number
• Mailing address
• Business information
• Social-media handles
• Professional information
• Trainer or coaching information
• Franchise or business inquiry information
• Membership-related information
• Information submitted through forms
• Messages, inquiries, applications, testimonials, reviews, or other communications
• Photographs, videos, audio recordings, or other media that you voluntarily provide to The Den
• Other information you choose to provide

Automatically Collected Information

When you visit our website, certain information may be automatically collected, including:

• IP address
• Browser type
• Device type
• Operating system
• Pages visited
• Date and time of access
• Referring website
• General geographic or approximate location information
• Website interaction information
• Diagnostic and security information

We may use this information to operate, secure, maintain, troubleshoot, analyze, and improve our website and services.

3. Cookies and Analytics

Our website may use cookies and similar technologies necessary for website functionality, security, performance, and analytics.

Where required, optional analytics technologies are activated only after you provide the applicable consent through our cookie-management tools.

We may use services such as Google Analytics to understand how visitors use our website.

You may decline optional analytics cookies where the website provides that choice.

4. How We Use Personal Information

We may use information we collect for legitimate business purposes, including to:

• Respond to inquiries and requests
• Process trainer applications
• Process franchise inquiries
• Communicate with prospective and existing members
• Provide and administer services
• Operate and improve our website
• Maintain business records
• Improve customer and member experiences
• Conduct analytics
• Prevent fraud, abuse, unauthorized access, or other unlawful activity
• Maintain website, facility, personnel, and information security
• Protect the rights, property, safety, and security of The Den, our members, guests, employees, trainers, contractors, and other individuals
• Comply with legal obligations
• Enforce agreements, policies, and facility rules
• Communicate regarding events, promotions, services, or other legitimate business matters where permitted by law

We may also use information for other purposes disclosed at or before the time information is collected or otherwise permitted by applicable law.

5. Photography, Video, Audio, Likeness and Marketing Content

The Den may photograph, videotape, record audio, or otherwise capture visual or audio content at The Den, including during events, classes, workouts, promotional activities, interviews, member experiences, and other activities.

Where The Den has obtained the applicable consent, release, authorization, or other lawful basis, The Den may use such content for legitimate business, marketing, promotional, educational, editorial, social-media, advertising, branding, public-relations, franchising, and other lawful purposes.

Such content may include a person's:

• Name
• Image
• Photograph
• Likeness
• Voice
• Appearance
• Statements
• Testimonials
• Video
• Audio
• Social-media content
• Other identifiable characteristics

Use may include, without limitation:

• The Den's website
• Social-media accounts
• Digital advertising
• Print advertising
• Promotional materials
• Marketing campaigns
• Press materials
• Events
• Presentations
• Franchise materials
• Investor materials
• Public-relations materials
• Future The Den locations
• Other legitimate promotional or commercial activities

Any separate media release or authorization provided by a member, guest, trainer, employee, contractor, or other individual may contain additional terms governing the use of that individual's likeness or content.

6. Member and Guest Content

Members and guests may create photographs, videos, recordings, livestreams, social-media content, and other media at The Den, subject to The Den's facility rules and applicable law.

Permission to photograph or record oneself does not automatically constitute permission to photograph, record, publish, livestream, or otherwise use the image, likeness, voice, or personal information of another individual.

Members and guests are responsible for obtaining any permissions or releases required by law before publishing or commercially using content that includes another identifiable individual.

The Den may establish designated areas, times, or conditions for content creation and may restrict or prohibit recording when necessary to protect privacy, safety, operations, security, or the member experience.

7. Third-Party Photographers, Videographers and Content Creators

A member may, subject to The Den's prior approval and applicable facility rules, invite a photographer, videographer, social-media creator, production professional, assistant, stylist, marketing professional, or other third party onto The Den's premises.

Any such individual is considered a third-party guest or content creator and is not automatically an employee, agent, representative, partner, contractor, or authorized spokesperson of The Den.

A member who invites, sponsors, hires, or permits a third party to enter The Den is responsible for ensuring that the third party complies with all applicable The Den policies, rules, instructions, privacy requirements, and applicable law.

The Den may require identification, registration, prior approval, a separate release, proof of insurance, an additional agreement, or other conditions before permitting a third-party content creator to enter or record at the facility.

The Den reserves the right to deny, limit, suspend, or terminate filming or photography activities at any time.

The Den is not responsible for the independent acts, omissions, representations, negligence, misconduct, unauthorized recordings, unauthorized publication, unauthorized distribution, or other conduct of a third-party content creator who is brought onto the premises by a member or other individual, except to the extent liability cannot lawfully be disclaimed.

Additional obligations may be contained in The Den's Membership Agreement, Facility Rules, Guest Policy, Media Release, or Third-Party Content Creator Agreement.

8. Privacy Within The Den Facility

The Den is designed and operated as a private fitness and wellness environment.

However, no physical facility can guarantee that an individual's image, voice, activity, or presence will never be captured by another person.

Members, guests, trainers, employees, contractors, and other individuals must comply with all applicable The Den rules regarding privacy, photography, recording, livestreaming, and content creation.

Unauthorized recording or publication of another individual may result in removal from the facility, suspension or termination of membership, restriction of access, and/or other action permitted by law and applicable agreements.

Nothing in this Privacy Policy authorizes conduct prohibited by law.

9. Security Cameras and Security Technology

The Den may use security cameras, access-control systems, entry systems, alarm systems, monitoring systems, or other security technologies in and around the facility for legitimate purposes including:

• Safety
• Security
• Theft prevention
• Fraud prevention
• Incident investigation
• Access control
• Property protection
• Emergency response
• Protection of members, guests, employees, trainers, and visitors
• Enforcement of facility rules
• Compliance with legal obligations

Security cameras and related systems are not intended to be used in areas where individuals have a legally protected expectation of privacy, such as restrooms or changing areas, except as otherwise permitted by law.

Security footage and related information may be accessed, retained, disclosed, or provided to appropriate parties when reasonably necessary for security, investigations, insurance matters, legal proceedings, law enforcement requests, safety matters, or other legitimate purposes.

10. Biometric and Access-Control Information

If The Den uses technology involving facial recognition, facial mapping, facial geometry, facial templates, fingerprints, or other biometric identifiers or biometric information, such information will be collected, used, stored, disclosed, and retained only as permitted by applicable law and pursuant to the applicable notice, consent, authorization, membership agreement, or other documentation.

Biometric information may be used for purposes such as identity verification, access control, facility security, fraud prevention, and other legitimate security or operational purposes.

Where applicable law requires consent or additional disclosures concerning biometric information, The Den will provide those disclosures and obtain the required consent.

New Jersey law specifically addresses biometric data, including facial mapping, facial geometry, facial templates, and similar identifiers, so this section should be reviewed against the exact technology The Den deploys before publication.

11. Sharing Personal Information

The Den does not sell personal information as a general business practice.

We may share information with service providers and other parties when reasonably necessary to operate our business or provide requested services, including providers involved in:

• Website hosting
• Email delivery
• Analytics
• Payment processing
• Membership management
• Scheduling
• Information technology
• Security
• Communications
• Marketing
• Legal, accounting, insurance, or professional services

Our current website service providers may include Resend, Google Analytics, Microsoft Clarity, and Vercel.

We may also disclose information:

• When required by law
• In response to valid legal process
• To protect the rights, property, safety, or security of The Den or others
• To investigate suspected fraud, abuse, or unlawful conduct
• In connection with a business transaction, merger, acquisition, financing, restructuring, sale of assets, or similar transaction
• With your consent
• As otherwise permitted by applicable law

12. Data Security

The Den takes reasonable administrative, technical, and physical measures designed to protect personal information against unauthorized access, acquisition, use, disclosure, alteration, or destruction.

However, no website, computer system, database, electronic transmission, or physical facility can be guaranteed to be completely secure.

Accordingly, The Den cannot guarantee absolute security of information.

13. Data Retention

We retain personal information for periods reasonably necessary to:

• Fulfill the purposes for which it was collected
• Provide services
• Maintain business records
• Comply with legal obligations
• Resolve disputes
• Enforce agreements
• Protect our legal interests
• Prevent fraud or abuse
• Maintain security
• Satisfy legitimate business needs

Retention periods may vary depending upon the type of information and the purpose for which it was collected.

14. Your Privacy Rights and Choices

Depending on your circumstances and applicable law, you may have certain rights concerning personal information we maintain about you.

These may include rights to request access to, correction of, or deletion of certain personal information, subject to applicable legal exceptions.

You may also have choices concerning optional cookies and certain communications.

Requests may be submitted through our contact page.

The Den may need to verify your identity before processing certain requests.

Nothing in this Privacy Policy creates rights beyond those provided by applicable law.

15. Children's Privacy

The Den's website is not directed toward children under 13, and we do not knowingly collect personal information from children under 13 through the website.

If you believe a child has provided personal information to us without appropriate authorization, please contact us.

Additional rules may apply to minors who visit or participate in activities at the physical facility.

16. Third-Party Websites and Services

Our website may contain links to websites, social-media platforms, applications, or services operated by third parties.

The Den does not control the privacy practices of those third parties.

Your use of third-party services is governed by their applicable terms and privacy policies.

17. Social Media

The Den maintains social-media accounts and may interact with users through third-party platforms.

Information submitted, posted, tagged, commented, messaged, or otherwise shared through those platforms may be subject to both this Privacy Policy and the applicable platform's terms and privacy policies.

The Den does not control how third-party social-media platforms process information.

18. Business Transfers

If The Den undergoes a merger, acquisition, financing, restructuring, reorganization, sale of assets, sale of the business, franchise transaction, or similar transaction, personal information may be transferred as part of that transaction, subject to applicable law.

19. Legal Compliance and Protection of The Den

The Den may collect, use, retain, or disclose information when reasonably necessary to:

• Comply with applicable law
• Respond to lawful requests from governmental authorities
• Protect The Den's rights and property
• Protect members, guests, employees, trainers, contractors, and other persons
• Investigate suspected misconduct
• Prevent fraud
• Prevent unauthorized access
• Enforce contracts and facility rules
• Investigate incidents
• Defend legal claims
• Protect the safety and security of the facility

20. No Guarantee of Privacy

Although The Den is committed to maintaining a private and respectful environment, the phrase "Privacy Is Luxury" describes The Den's philosophy and brand promise and does not constitute a guarantee that no individual, device, camera, recording, photograph, communication, or other activity will ever capture or disclose information concerning a member or guest.

Members and guests remain responsible for protecting their own personal information and for complying with The Den's photography, recording, privacy, guest, and facility rules.

21. Changes to This Privacy Policy

The Den may update this Privacy Policy from time to time to reflect changes in our business, technology, services, legal requirements, or privacy practices.

The "Last Updated" date at the top of this Privacy Policy identifies the most recent revision.

Where required by law, we will provide additional notice concerning material changes.

22. Contact Us

The Den
494 Broad Street
Newark, New Jersey 07102

For privacy questions, requests, or concerns, please use the contact form available on our website.

Website: TheDenUSA.com