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Privacy Policy

BY USING ANY OF OUR ONLINE SERVICES OR VISITING ANY OF OUR FACILITIES, YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE ANY OF OUR ONLINE SERVICES, VISIT OUR FACILITIES, OR SUBMIT PERSONAL INFORMATION TO US IN ANY MANNER.

Last Updated: November 6, 2023

212th Attack Battalion and its subsidiaries and affiliates, and their respective directors, officers, owners, employees, agents, successors, and assigns (collectively, "we," "us," "our," or the "Company") have developed this Privacy Policy (this "Privacy Policy") to (1) describe the types of personal information that we may collect about current, prospective, or past visitors, members, and guests (collectively, "Visitors," "you," or "your"), such as when visiting our offices (collectively, "Facilities") or any website, mobile app, or other digital property or service controlled by the Company that links to this Privacy Policy (such digital properties and services are referred to, collectively, as the "Online Services") and (2) explain how the Company handles such personal information. Your use of both our Facilities and our Online Services is subject to this Privacy Policy and your compliance with all applicable laws. Your use of our Facilities is further subject to the terms set forth in any membership or other services agreement you sign with us and any rules that are posted in our Facilities, and your use of our Online Services is further subject to our Terms and Conditions. This Privacy Policy does not apply to digital properties that do not link to this Privacy Policy or to third-party websites to which the Online Services may link.

If you are a resident of California, Connecticut, or Virginia, please read below for additional state-specific privacy disclosures.

Notice Regarding COVID-19 Pandemic

Please note that in connection with the COVID-19 pandemic, and in order to comply with applicable laws or health authorities’ guidance, the Company may from time to time screen Visitors for risk factors related to COVID-19 (including, for example, by measuring Visitors’ temperatures or by asking Visitors if they have certain symptoms, if they have been in close contact with anyone who has exhibited such symptoms, if they have recently been in contact with anyone who has tested positive for COVID-19, or if they have recently traveled to certain parts of the world). In such cases, the Company is not collecting or retaining any such information; rather, the Company is simply screening individuals without keeping any records of such screenings. In addition, and also in order to comply with applicable laws or health authorities’ guidance, the Company may from time to time ask Visitors if they are vaccinated against COVID-19 (including if they have received any "boosters"), or if they have tested positive or negative for COVID-19, and the Company may keep a record of such statuses to facilitate such person’s re-entry to our Facilities in the future, which records the Company will delete once the Company is no longer required to screen Visitors based on such statuses. Further, if the Company learns, or is otherwise informed, of a Visitor with a suspected or confirmed case of COVID-19, the Company may collect or use certain personal information of such Visitor (including identifiers such as first and last name, home or other physical address, telephone number and e-mail address, and commercial information such as when the person visited our Facilities) for contact tracing purposes, including by providing such information to local health authorities upon their request or as required by law. The Company also reserves the right to refuse entry to any person who presents a high risk of exposing Visitors or employees to COVID-19 or who fails to comply with any of the Company’s COVID-19 related policies or procedures or any applicable laws or rules.

Collection of Personal Information

The Company may collect personal information directly from you, such as first and last name, home or physical address, telephone number, e-mail address, photographs, signature, driver’s license number, age, height and weight and other demographic information, account login credentials and other Internet or electronic network activity information, as well as financial information, including credit or debit card numbers, and commercial information such as products or services you purchased, considered, or used. For safety and security purposes, as well as to support employee training and improve service, the Company also monitors its Facilities by means of audio/video surveillance, and as a result the Company may collect video and audio recordings of you.

The Company may collect this personal information when you:

  • Enroll as a member, either at our Facilities or via our Online Services, or visit a Facility;
  • Check-in at a Facility as a guest;
  • Register for, or otherwise interact with, our Online Services (for example, if you request a guest pass from our Online Services or create or update an online account);
  • Participate in sweepstakes or contests or other such interactive activities at a Facility or via our Online Services;
  • Submit content to be posted on our Online Services;
  • Purchase other products or services from the Company, either at a Facility or via our Online Services;
  • Respond to questions, prompts, or suggestions we make on our Online Services;
  • Contact or communicate with our customer service team, either at a Facility or by telephone or email;
  • Enroll or participate in a multi-person membership that includes you as a member;
  • Register for or reserve a spot in a class or activity; or
  • Complete online forms or surveys.

In addition, the Company may collect personal information about you, such as first and last name, telephone number, e-mail address, and other demographic information, indirectly from other members and guests via referrals or in connection with the purchase of a multi-person membership that includes you as a member. The Company may also collect such personal information indirectly from our business partners, for example, when you use our Online Services or our Facilities in connection with obtaining discounted access to services offered by the Company or in connection with a third-party program offering rewards, reimbursements, benefits, or other incentives based on your use of the Company's services (such third-party program, including a right to access to our Facilities that is available through an employer, or other group, a "Third-Party Offer"), but solely for the business purpose of facilitating the provision of such access or discounts, rewards, reimbursements, benefits, or other incentives to you under Third-Party Offer (see also Disclosure of Personal Information to Third-Party Recipients below.)

Furthermore, we may receive information about you from our advertising/marketing and analytics or other business partners. We and our advertising/marketing and analytics or other business partners may also automatically collect personal information from or about you or your device when you interact with our products and services. The information collected about you may include your operating system (for example, iOS, Android, Windows), your browser type (for example, Internet Explorer, Chrome, Firefox, Safari), geolocation data, internet protocol (IP) addresses, first- or third-party cookie IDs, other proprietary digital identifiers, bounce rates, page views, e-mail open rates and links clicked therein, actions taken on pages, referring/exit pages, user agent string, and other device metadata. While other technologies may also be used (e.g., APIs), this information is often collected via pixel tags (essentially, JavaScript code that sends information to a first- or third-party server) and, relatedly, first- or third-party cookies (which are created by pixels). Cookies are small text files stored onto your device that may "remember" certain information about you.

Moreover, if you access our Online Services through a mobile device, we may collect geolocation data such as the physical location of your device by, for example, using satellite, cell phone tower, or Wi-Fi signals. We may use your device's physical location to provide you with location-based services and content and to learn when you have checked into one of our Facilities. You may be able to allow or deny access to your device's location by changing your device's location settings but, if you choose to deny such access, we may not be able to provide you with location-based services and content.

Use and Disclosures of Personal Information

In addition to any other uses set forth in this Privacy Policy, personal information may be used for purposes such as the following:

  • To provide our products or services, including at our Facilities and our Online Services;
  • To communicate with you about our products or services, including our Facilities and Online Services (or to communicate with you about products or services of third parties), such as in connection with renewing your membership, updating your account information, or informing you about new offerings from us or third parties;
  • To better understand Visitors’ use of, and to improve, our products and services, including our Facilities and Online Services (or the products or services of third parties), such as through internal research and generation/analysis of analytics data and usage trends;
  • To target you or others with advertising and to measure the effectiveness of such advertising campaigns, such as:
    • To market the Company’s products or services to you (or the products or services of third parties), including through marketing e-mails or text messages or other commercial messages or ads, and to alert you to special promotions, discounts, offers, and the like; and
    • To match your use or purchase of Facilities, products, and services with your online activity on our Online Services (for example, we may connect your offline activity at our Facilities with activity on our Online Services or share the personal information you provide when you sign up for a membership with advertising/marketing and analytics partners to facilitate or track the effectiveness of advertising campaigns);
  • To assist with customer service or otherwise respond to requests;
  • To distribute surveys and collect feedback;
  • To facilitate transactions;
  • To coordinate sweepstakes and contests;
  • To protect the safety, security and integrity of our Facilities, Visitors and Online Services;
  • To monitor and prevent fraud;
  • To recognize you and your devices (for example, such as when you check-in at a Facility or when you use our Online Services);
  • To conduct audits; and
  • To fulfill contractual obligations or otherwise take steps to effectuate or defend our rights.

Disclosure of Personal Information to Third-Party Recipients

In addition to the disclosures otherwise set forth in this Privacy Policy, your personal information is disclosed to affiliates and to service providers, contractors, and other third-party partners to provide various products and services (for example, hosting vendors, payment processors, advertising/marketing partners, analytics companies, security vendors, and CRM providers) and for the other purposes set forth in, or consistent with, this Privacy Policy. The Company also reserves the right to disclose personal information to respond to authorized information requests from government authorities, to address national security situations, to effectuate or defend our rights, or when otherwise required by law, in the Company's sole discretion.

Additionally, if the Company sells one or more of its product lines, divisions, or assets (such as your membership), personal information may be transferred to the buyer. Similarly, if the Company purchases a product line or division or other assets (such as your membership) from a third party, personal information may be transferred from the seller to us.

Finally, if you are accessing our Online Services or Facilities via a Third-Party Offer, the Company may share your personal information (including identifiers such as a unique personal identifier and commercial information such as your use of such services or the number of times you visit our Facilities each month) with the applicable third party in accordance with the terms of such Third-Party Offer for the business purpose of facilitating the provision of such access or discounts, rewards, reimbursements, benefits, or other incentives to you under the Third-Party Offer. You may always request that we stop sharing such personal information. However, in that case, you may not be eligible to access our Facilities or Online Services or obtain any such rewards, reimbursements, benefits, or other incentives.

E-mail and Text Message Marketing

You may opt-out of marketing e-mails by following the "unsubscribe" or similarly worded link within each marketing e-mail. You may opt-out of text message marketing by replying to a text with the words STOP, UNSUBSCRIBE, or OPT OUT, as explained in our Terms and Conditions. Note that you cannot opt-out of transactional communications, unless otherwise required by law.

Additional Advertising Information

We use advertising and marketing partners and analytics partners (including advertising agencies) and our own in-house advertising/marketing and analytics operations. These services are used for purposes such as to better understand our Visitors, analyze e-mail open rates and user journeys, analyze trends, measure traffic and usage on our products and services, administer or personalize our products and services, record users’ movements or actions on our Online Services (e.g., across our websites or apps), gather demographic information, link online activity with offline activity, target or retarget Visitors (or target similar persons, such as via "look-a-like" audiences) via advertisements on third-party properties or on our own properties, serve ads to you from other advertisers, measure the effectiveness of advertising campaigns (for example, to measure views of ads, viewability, clicks, registrations, interactions, purchases, or other "conversion" events), and facilitate ad targeting by third parties for others’ products or services. In some cases, third-party advertising technology services may send out "bid requests," which may contain information about the visitor such as IP address or device ID or hashed e-mail address, to its partners in order to find advertisers that are willing to "bid" on an ad placement (or may themselves bid on ad placements on third-party properties as well, including on our behalf).

To the extent we use Google, Facebook, Instagram, TikTok, or Twitter for advertising purposes, please see these links provided by these respective companies to understand some of their related opt-out choices. More broadly, the online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative or the Digital Advertising Alliance (including for mobile apps at https://youradchoices.com/appchoices). Please note you must separately opt out in each browser and on each device; if you clear cache or cookies, be sure to reset your preferences as applicable (such as in the browser context). We are not responsible to the extent any such opt-outs are not honored by any advertising technology companies, as opt-out preferences provided by such companies are not under our control.

Some internet browsers allow you to limit or disable the use of tracking technologies. More detailed information about cookie management or other passive transmissions by specific web browsers can be found at the browser's respective websites, documentation, or settings pages.

Security of Personal Information

We seek to use industry standard security measures designed to protect your personal information. However, no safeguards are 100% secure and you provide information to us at your own risk.

Links to Other Websites

The Online Services may contain links to digital properties operated by others. Each of those maintains its own policies about the collection, use, and security of personal information. The Company is not responsible for how others use your personal information. Before providing personal information to any other digital property, you should read its privacy policy and terms of use and ensure they are acceptable to you. Notwithstanding any content on the Online Services indicative of the contrary, the Company makes no endorsement of or representation about any such third-party properties, or any information, software, or other products or materials found there, or any results that may be obtained from using them.

If you decide to access any digital property linked to in our Online Services, you do so entirely at your own risk. The Company does not guarantee that you will receive an alert when you leave the Online Services and it is your responsibility to determine when you have left the Online Services. The Company recommends that you review any third-party digital property’s privacy policies before submitting any information. The Company assumes no responsibility for, and shall not be liable for, the privacy, terms of use, or other policies of any third-party digital property, any damage to, or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any third-party digital property navigated to or accessed from links hosted on or contained in the Online Services.

Personal Information Related to Children: A Note for Parents or Legal Guardians

The Company does not intend to, or knowingly, collect any personal information of children under the age of 13. If the Company becomes aware of a child under the age of 13 providing personal information directly, we will attempt to delete that information. If your child under the age of 13 has provided personal information to us, please contact us so it can be deleted.

State Privacy Disclosures

These state privacy disclosures apply solely to residents of California, Connecticut, and Virginia whose personal information is covered under the State Privacy Laws (collectively, "consumers," "you," or "your") and supplements the information contained elsewhere in this Privacy Policy.

  1. Your Rights

Under the California Consumer Privacy Act (as amended by the California Privacy Rights Act) (the "CCPA"), the Connecticut Data Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the "State Privacy Laws"), you have several rights in relation to your personal information as it applies to our business, as summarized below:

The Right to Access

You have the right to obtain confirmation regarding whether we are processing your personal information and to access that personal information.

Under the CCPA, you have the right to know (a) the specific pieces of personal information the business has collected about you and (b) the categories of personal information collected, the sources of collection, the business/commercial purpose for collecting or "selling/sharing" personal information, and the categories of third party to whom the business discloses personal information. For the list of categories of personal information we have collected from you in the last twelve (12) months, please see Notice at Collection (California) below.

Depending on the State Privacy Law, there may be limits on how often we may provide access rights within a 12-month period. For example, under the CCPA, we are not required to provide the specific pieces of information to you more than twice in a 12-month period.

The Right to Request Deletion

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

The Right to Correct

You have the right to request that any inaccuracies in your personal data be corrected, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal information.

The Right to Opt-Out of "Sales" or "Sharing"/Processing for Targeted Advertising

You have the right to opt-out of:

  • The "sale" of personal information to third parties; and
  • The processing of personal information for purposes of "targeted advertising" (including the "sharing" of personal information for that purpose).

Though the above rights differ based on the relevant State Privacy Law, the Your Privacy Choices link below allows you to opt-out of all the above for ease of use. Alternatively, you may use the Global Privacy Control (GPC) signal (via browser or browser extension that supports sending such signal) to effectuate such opt-out rights in relation to our pixels on the browser level. Learn more about GPC at www.globalprivacycontrol.org.

Your Privacy Choices

Note that we "sell" or "share" (and process for "targeted advertising" more generally) your personal information, as such terms are broadly defined under the State Privacy Laws.

Specifically, we consider disclosures of identifiers, commercial information, geolocation data, and internet or other network information described in this Privacy Policy to our advertising/marketing and analytics partners (such as ad agencies, social media networks, adtech partners, customer intelligence firms, social media companies) for advertising and marketing purposes as "sales" or "shares" (and processing for "targeted advertising" more generally). Users can effectuate the corresponding opt-out rights under the State Privacy Laws via the "Your Privacy Choices" link (or via GPC for pixel-based opt-outs), except in certain instances where we have appropriately limited such advertising/marketing and analytics partners to process such information as a "service provider"/"processor" (or similar term) under the State Privacy Laws.

We do not have actual knowledge of "selling" or "sharing" personal information of those under sixteen years of age.

"Sensitive" Personal Information

For purposes of the CCPA, Company processes "sensitive" personal information only for the limited purposes specified under the CCPA that do not require a corresponding opt-out right.

In Virginia and Connecticut, precise geolocation is considered "sensitive" and is used for providing services that you request.
  1. Submitting Rights Requests

You may exercise your right to request access, deletion, and correction of your personal information (as such rights are described above) by visiting our website at www.212thBattalion.com and using our contact page to reach us.

For the rights to opt-out of "sales," "shares," and processing of personal information for "targeted advertising," (as such rights are described above), please use the Your Privacy Choices link referenced in the table above or otherwise activate the "Global Privacy Control" (GPC) on the browsers or browser extensions that support such signal (for pixel-based opt-outs on the browser level, in the case of GPC).

As permitted by applicable law, we may require verification of your, or your authorized agent’s, identity for security of your personal information (such as by requesting certain information that cross-references with information we have internally, or for authorized agents, ensuring that they are duly authorized by you, such as name, email address, zip code, keytag number, and first five digits of your payment method).

  1. Non-Discrimination and Appeals

You have the right not to receive discriminatory treatment for exercising the rights set forth in the table above. However, if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request) in certain contexts, we may no longer be able to provide you certain related products and services or engage with you in the same manner.

In the event that we decline to take action on a request exercising one of your rights set forth above, Connecticut and Virginia residents have the right to appeal our decision under their respective State Privacy Law.

  1. Authorized Agents

You are permitted to use an authorized agent to submit requests on your behalf through the designated methods set forth above, though we must verify the authorized agent’s authority to act on your behalf before acting on such request.

For requests to access, delete, and correct personal information, we require the following for verification purposes:

  1.  a power of attorney valid under the laws of the relevant state from you or your authorized agent; or
  2.  sufficient evidence to show that you have:
    1.  provided the authorized agent signed permission to act on your behalf; and
    2.  verified your own identity directly with us.

  1. Shine the Light/Financial Incentives (California)

  • "Shine the Light" Law: If you have an established business relationship with us, you may have rights to know how your information is disclosed to third parties for their direct marketing purposes under California’s "Shine the Light" law (Civ. Code § 1798.83). To make such a request, please use our PO box contact information below.

  • Notice of Financial Incentives: Under the CCPA, we may offer you "financial incentives" for the collection, sale, retention, and use of your personal information that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs or their terms by posting notice on the program descriptions and terms linked to above, so check them regularly.

    Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty. We calculate the value of the offer and financial incentive by using the expense related to the offer.

  1. Notice at Collection (California)

  1.  List of categories of personal information collected:
    1.  Identifiers, such as your name, e-mail address, date of birth, or other similar identifiers.
    2.  California Customer Records (Cal. Civ. Code § 1798.80(e)), such as birth date, contact information, and payment information.
    3.  Protected Classification Characteristics, such as age and gender.
    4.  Commercial Information, such as payment information and purchase history.
    5.  Internet/Network Information, such as device information, logs, and analytics data.
    6.  Geolocation Data, such as location information from your device or generated based on IP address or Wi-Fi.
    7.  Profession/Employment Information, such as your employer if your subscription is tied to an account managed by your employer.
    8.  Sensitive Personal Information, such as precise geolocation, driver’s license or other government identifiers, account log-in and password, or data concerning health. Sensitive Personal Information is used for the limited purposes specified under the CCPA that do not require a corresponding opt-out right, such as the provision of goods or services reasonably expected by the consumer requesting such goods or services. For example, the Visitor’s driver’s license or similar identifier may be used to provide a guest pass or register for services; precise geolocation may be used for ease of badging into our Facilities, and health data may be used to suggest a recommended workout routine.
  2.  The purposes for which the categories of personal information are used (but see above for Sensitive Personal Information):
    1.  To provide our products or services, including at our Facilities and our Online Services;
    2.  To communicate with you about our products or services, including our Facilities and Online Services (or to communicate with you about products or services of third parties), such as in connection with renewing your membership, updating your account information, or informing you about new offerings from us or third parties;
    3.  To better understand Visitor’s use of, and improve, our products and services, including our Facilities and Online Services (or the products or services of third parties), such as through internal research and generation/analysis of analytics data and usage trends;
    4.  To target you or others with advertising and to measure the effectiveness of such advertising campaigns, such as:
      1. To market the Company’s products or services to you (or the products or services of third parties) including through marketing e-mails or text messages, where applicable, and to alert you to special promotions, discounts, offers, and the like;
      2. To match your use or purchase of Facilities, products, and services with your online activity on our Online Services (for example, we may connect your offline activity at our Facilities with activity on our Online Services or share the personal information you provide when you sign up for a membership with advertising/marketing and analytics partners to facilitate or track the effectiveness of advertising campaigns);
    5.  To assist with customer service or otherwise respond to requests;
    6.  To distribute surveys and collect feedback;
    7.  To facilitate transactions;
    8.  To coordinate sweepstakes and contests;
    9.  To protect the safety, security, and integrity of our Facilities, Visitors, and Online Services;
    10.  To monitor and prevent fraud;
    11.  To recognize you and your devices (for example, such as when you check-in at a Facility or when you use our Online Services);
    12.  To support employee training;
    13.  To conduct audits; and
    14.  To fulfill contractual obligations or otherwise take steps to effectuate or defend our rights.
  3.  The following categories of personal information are "sold" or "shared" (as such terms are broadly defined under the CCPA) to our advertising/marketing and analytics partners for the purposes of advertising/ marketing and analytics services: Identifiers, Commercial Information, Geolocation Data, and Internet/Network Information. You may opt-out of these "sales" and "shares" using our Your Privacy Choices link.
  4.  Data Retention: We retain the categories of personal information above as reasonably necessary to fulfill the purposes outlined in this notice, unless a longer retention period is required or permitted by law. In many situations, we must obtain all, or a portion, of your personal information to comply with legal obligations, resolve disputes, enforce our agreements, protect against fraudulent, deceptive, or illegal activity, or for another one of our business purposes.

Acceptance of Privacy Terms and Conditions

Your access to and use of the Company’s Facilities and the Online Services is subject to this Privacy Policy and all applicable laws. Your use of our Facilities is further subject to the rules set forth in any membership or other services agreement that you sign with us and any rules that are posted in our Facilities, and your use of our Online Services is further subject to the Terms and Conditions. By accessing and using our Facilities or browsing the Online Services, you accept, without limitation or qualification, this Privacy Policy. The Company reserves the right to at any time revise this Privacy Policy without prior notice. If the Company changes its privacy practices, an updated Privacy Policy will be posted to reflect those changes and the effective date of the revised Privacy Policy (i.e., the "Last Updated" date above) will be set forth therein. You are bound by any such revisions and should therefore periodically visit this Privacy Policy.