Deltos Privacy Policy

Last Updated: September 16, 2026

WE WILL POST ANY CHANGES TO THIS PRIVACY POLICY ON OUR WEBSITE AND WILL NOTIFY YOU BY EMAIL WHERE REQUIRED BY APPLICABLE LAW. PLEASE REVIEW THIS PRIVACY POLICY PERIODICALLY. YOUR CONTINUED USE OF OUR WEBSITE, PLATFORM, OR SERVICES CONSTITUTES ACCEPTANCE OF ANY CHANGES.

1. INTRODUCTION

Hercules Fitness, LLC, a California limited liability company doing business as Deltos (“Hercules Fitness,” “we,” “us,” or “our”), is committed to protecting the privacy of its users, customers, and visitors. This Privacy Policy (the “Privacy Policy”) explains how we collect, use, disclose, and safeguard personal information when you (a) visit our website at https://deltos.fit (the “Website”); (b) download, install and use our Deltos mobile application (the “App”); or (c) otherwise interact with our products and services (collectively, the “Services”).

Hercules Fitness provides a consumer fitness platform that allows users to track their workouts, access workout programs hosted by fitness coaches, and view insights derived from the workout data they record. We provide the Services directly to individual consumers. We do not provide the Services to enterprise customers, and we do not process personal information on behalf of any third party as a processor or service provider. In all of our processing described in this Privacy Policy, Hercules Fitness acts as a data controller (or, under United States state privacy laws, a business or controller).

The Services are available only to individuals aged 18 and over. We do not permit anyone under the age of 18 to register for, purchase, or use the Services, as described further in Section 16 and in our Terms of Service.

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO THE PRACTICES DESCRIBED HEREIN. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR WEBSITE OR SERVICES.

WE DO NOT SELL YOUR PERSONAL INFORMATION, NOR DO WE INTEND TO DO SO.

For privacy inquiries, or to exercise your rights under this Privacy Policy, please contact us at privacy@deltos.fit.

2. SCOPE

This Privacy Policy applies to personal information processed in connection with our Website and Services, regardless of where you are located. Hercules Fitness is headquartered in San Francisco, California, United States. Our servers and hosting infrastructure are located in the United.

Wherever you are located, your personal information is stored and processed in the United States. By using the Services you acknowledge to that transfer, storage, and processing as per applicable law.

This Privacy Policy does not govern the processing of personal data of Hercules Fitness’s employees, contractors, or job applicants in their capacity as such.

3. WHAT INFORMATION DO WE COLLECT?

a. Information You Provide Directly.

When you register for an account, purchase a subscription, subscribe to communications, respond to a survey, complete a form, or otherwise interact with Hercules Fitness, we may collect:

  1. name and contact details, including first and last name, email address, and telephone number

  2. account credentials, including username and password

  3. payment information, which is collected and processed by our third-party payment processor and is not stored on our servers (see Section 3(c))

  4. workout and fitness information that you enter into the App, including the date and duration of each workout, the exercises performed, and, for each exercise, the weight, sets, repetitions, and perceived exertion you record, together with your workout history, programs followed, and any notes you record (collectively, “Workout Data”)

  5. records of correspondence if you contact us; and

  6. any other information you choose to provide.

We do not collect Social Security numbers, passport numbers, driver’s licence or government identification numbers, biometric data, education information, or medical records, diagnoses, treatment information, or other clinical health information from a healthcare provider or health plan.

b. Information Collected Automatically.

When you visit or use our Website or App, we automatically collect:

  1. IP address and approximate location derived from it

  2. device type, operating system, and device or processor identifiers

  3. persistent identifiers that can be used to recognise you over time and across different websites or online services, including cookie identifiers

  4. pages visited, features used, and session information within the Website and App; and

  5. information collected via cookies and similar tracking technologies, including the Meta (Facebook) advertising pixel and TikTok advertising pixel (see Section 6).

c. Financial Information.

We use a third-party payment processor. We do not directly collect or store full credit card numbers or bank account information on our servers. Payment transactions are processed by our payment processor, whose use of your information is governed by its privacy policy and PCI-DSS compliance programme.

d. Workout Data and Derived Insights.

The core function of the Services is to record the workouts you perform and to generate insights, summaries, trends, and recommendations derived from that record. Those derived insights are generated by Hercules Fitness from the Workout Data you enter, and are not information that you have reported to us directly. Workout Data consists of exercise performance metrics, such as the weight, sets, repetitions, and duration you record for each exercise, and does not include your age, height, body weight, or other bodily measurements. We do not treat Workout Data, Connected Health App Data, or the insights we derive from them as “consumer health data,” “sensitive data,” “sensitive personal information,” or special category data under applicable law, because none of that information identifies or reveals a diagnosis, medical condition, or other health status. Section 11(c), Section 12, and Section 13(a) explain the position under specific laws.

e. Connected Health App Data (With Your Consent).

Where you choose to connect the App to Apple Health, Google Health Connect, or a similar platform, and grant the permissions requested at that time, we receive: (i) your daily step count; and (ii) the date and duration of additional workout sessions recorded on that platform that you have not entered directly into the App (collectively, “Connected Health App Data”). We receive Connected Health App Data only where you have affirmatively granted the applicable device-level permission, and you may revoke that permission at any time through your device’s health app settings, which will stop future syncing and will not affect Workout Data you have entered directly.

f. Coach-Submitted Content.

Fitness coaches and other content partners submit workout programmes and related content to us by email or direct message, which we add to our content database and make available through the App. Where a coach participates in our affiliate programme, we receive information about that coach from Dub.co, the affiliate marketing platform we use, including referral and attribution data. We process coach information for the purposes of managing our content and affiliate relationships.

g. Information We Do Not Collect.

other than as described in Sections 3(b), 3(c), 3(f), and 6.

4. HOW DO WE COLLECT INFORMATION?

We collect personal information in the following ways:

  1. when you register for or access our Website or App

  2. when you purchase or manage a subscription

  3. when you record workouts or otherwise enter information into the App

  4. from Apple Health, Google Health Connect, or a similar platform, where you grant us permission to receive your daily step count and additional workout sessions

  5. when you subscribe to our newsletter or other communications

  6. when you respond to a survey or complete a form

  7. through email, text, and other electronic communications between you and Hercules Fitness

  8. from records and copies of your correspondence if you contact us

  9. automatically as you navigate the Website or use the App, through cookies and similar tracking technologies; and

  10. from third-party payment processor which provides us with the payment and account information described in Section 3(c), and from Dub.co in respect of affiliate partners.

5. HOW DO WE USE YOUR INFORMATION?

We use the information we collect for the following purposes:

  1. to create and manage your account and authenticate your identity;

  2. to provide, operate, maintain, and improve the Website, App, and Services;

  3. to record your workouts and generate the insights, summaries, and recommendations that form the core of the Services;

  4. to personalise your experience with the Website and App;

  5. to process payments and manage subscriptions, renewals, and billing through our payment processor;

  6. to send you notices about your account and subscription, including trial expiry, renewal, and price change notices;

  7. to notify you about changes to the Website, App, or Services;

  8. to allow you to participate in interactive features of the Services;

  9. to respond to your inquiries, support requests, and feedback, and to improve customer service;

  10. to administer contests, promotions, surveys, or other features;

  11. to send you periodic emails and marketing communications about our own products and services, in accordance with your preferences and applicable law;

  12. to detect, investigate, and prevent fraud, security incidents, and unauthorised access;

  13. to comply with applicable legal and regulatory obligations; and

  14. to create anonymised and aggregated statistics, as described immediately below.

Aggregated and De-identified Data.

We generate aggregated and de-identified business metrics from user activity, including cohort analyses of user retention. These metrics are used internally and may be shared with business partners who are subject to a written non-disclosure agreement, and may be used in business case studies and related marketing content, including content published on social media. We aggregate and de-identify this information so that it cannot reasonably be used to identify, relate to, describe, or be linked to any individual user, and we do not attempt to re-identify it. We will not publish or share your individual Workout Data, workout history, or derived insights in any case study, marketing material, or social media content without your separate, express, opt-in consent.

AI and Model Training.

We do not use your Workout Data, derived insights, or other personal information to train generalised artificial intelligence or machine learning models, and we do not make your personal information available to any third party for that purpose.

We rely on the following legal bases for processing, depending on the nature of the processing and the jurisdiction in which you are located: contractual necessity, legitimate interests, consent, and legal compliance. Because we do not process Workout Data or Connected Health App Data as consumer health data, sensitive data, or special category data (see Section 3(d)), no separate consent basis applies to that data beyond the bases described above. Where you choose to connect Apple Health, Google Health Connect, or a similar platform, we rely on your consent to receive Connected Health App Data, which you may withdraw at any time as described in Section 3(e).

6. OUR COOKIE POLICY

Cookies are small text files placed on your device when you visit our Website or use our Services. We use the following types of cookies and similar technologies:

a. Strictly Necessary Cookies.

Required for the operation and security of the Website and App, including authentication and session management. These cannot be disabled.

b. Functional Cookies.

These remember your preferences and settings so that we can provide a more personalised experience when you return to the Website or App.

c. Performance and Analytics Cookies.

We use cookies and similar technologies to compile aggregate data about site traffic and interactions in order to improve the Services. We do not currently use Google Analytics or Google AdSense, and we have not enabled Google remarketing, Google Display Network Impression Reporting, Demographics and Interests Reporting, or DoubleClick Platform Integration.

d. Advertising and Targeting Cookies.

We use the Meta (Facebook) advertising pixel and the TikTok advertising pixel to measure the effectiveness of our advertising and to deliver interest-based advertisements, including remarketing advertisements, on third-party platforms. This involves the disclosure of certain identifiers and activity information to Meta Platforms, Inc. and TikTok USDS Joint Venture LLC. You may exercise your right to opt out of this activity as described in Sections 13 and 15.

e. Your Cookie Choices.

You may configure your browser to refuse all or certain cookies. We honour Do Not Track (“DNT”) browser signals and Global Privacy Control (“GPC”) signals. Where a DNT or GPC signal is present, we do not set advertising or targeting cookies, do not deploy the Meta advertising pixel, do not deploy the TikTok advertising pixel, and do not use your information for interest-based advertising. If you disable cookies, some features of the Services may not function, including advertising measurement and the aggregate analytics we use to improve the product.

7. HOW DO WE PROTECT YOUR INFORMATION?

Hercules Fitness implements the following administrative, technical, and physical security measures to protect personal information from unauthorised access, use, alteration, or disclosure:

  1. SSL/TLS encryption for all data in transit;

  2. unique user names and passwords for all personnel with access to systems containing personal information;

  3. access controls designed to prevent third parties from accessing personal information stored on our systems;

  4. security measures applied when a user places an order, registers for an account, enters, submits, or accesses their information, and accesses the App;

  5. use of a PCI-DSS compliant third-party payment processor, so that full payment card details are not stored on our systems; and

  6. contractual data protection and security obligations imposed on our service providers.

We conduct regular third-party security scans, penetration tests, or malware scans.

Despite these measures, no method of transmission over the Internet or electronic storage is completely secure, and Hercules Fitness cannot guarantee absolute security. Any transmission of personal information is at your own risk.

8. DATA SECURITY AND BREACH NOTIFICATION

a. Breach Notification.

In the event of a personal data breach affecting your personal information, Hercules Fitness will notify you in accordance with applicable law. For EEA, UK, and Swiss users, notification will be made to the relevant supervisory authority upon becoming aware of the breach where required as required under law, and to affected data subjects without undue delay where the breach is likely to result in a high risk to their rights and freedoms. For all other users, we will notify you by email without unreasonable delay and in any event within thirty (30) days of confirming the breach, and we will notify applicable regulators where required by state breach notification law.

b. Individual Redress.

Hercules Fitness supports the individual redress principle. Individuals have the right to pursue legally enforceable rights against data collectors and processors who fail to comply with applicable law, including through available courts or government agencies.

c. Health Breach Notification Rule.

If any information we hold about you is later determined to be subject to the Federal Trade Commission’s Health Breach Notification Rule, we will provide the notifications that Rule requires, including notice to affected individuals, the Federal Trade Commission, and, where the Rule requires it, prominent media. This is in addition to the notifications described in Section 8(a).

9. DISCLOSURE OF PERSONAL INFORMATION

a. Service Providers.

We share personal information with third-party vendors and service providers that perform services on our behalf, including cloud hosting, application deployment, payment processing, email delivery, affiliate management, and advertising measurement. All service providers are required to maintain confidentiality and to process personal information only for the purposes for which it was disclosed to them, under contractual obligations. See Section 18 for our list of key service providers, which now also identifies the platforms from which we receive Connected Health App Data.

b. Business Transfers.

We may disclose personal information to a buyer or successor in connection with a merger, acquisition, divestiture, restructuring, dissolution, or similar transaction, provided the receiving party agrees to handle personal information in a manner consistent with this Privacy Policy and applicable law.

c. Legal Compliance and Protection.

We may disclose personal information (i) to comply with applicable law, regulation, court order, or government or regulatory request; (ii) to enforce our agreements and Terms of Service, including for billing and collection purposes; (iii) to protect the rights, property, or safety of Hercules Fitness, our customers, or others; and (iv) to exchange information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

d. Professional Advisors.

We may disclose personal information to our legal, financial, and other professional advisors where necessary for the provision of their services to us, subject to appropriate confidentiality obligations.

e. Aggregated or De-identified Data.

We may share aggregated or de-identified information that cannot reasonably be used to identify any individual with third parties for marketing, advertising, analytics, and other business purposes. We do not attempt, and we contractually require recipients not to attempt, to re-identify such information.

f. Advertising Partners.

As described in Section 6(d), we disclose certain identifiers and activity information to Meta Platforms, Inc. and TikTok USDS Joint Venture LLC in connection with advertising measurement and interest-based advertising. We do not disclose your Workout Data or any insight derived from it to any advertising partner.

g. No Sale of Personal Information.

We do not sell, rent, or trade your personal information to third parties for monetary consideration. Please see Sections 13 and 15 for how we treat the disclosure of identifiers to advertising partners under state privacy laws, and for your right to opt out of that activity.

10. DATA RETENTION

a. Account and Profile Data.

We retain account and profile data for the duration of your account and for ninety (90) days following account closure, unless you request earlier deletion or applicable law requires a longer retention period.

b. Transaction and Billing Data.

We retain payment and subscription records for as long as legally permissible to comply with applicable tax and accounting obligations.

c. Workout Data and Connected Health App Data.

We retain your Workout Data, Connected Health App Data, and derived insights for the duration of your account and for ninety (90) days following account closure, after which it is securely deleted. You may request earlier deletion at any time as described in Section 12.

d. Analytics Data.

Platform usage analytics associated with your account are retained for the duration of your account. Non-personally identifiable analytics are retained for up to 24 months.

e. Legal Retention.

Notwithstanding the above, we may retain personal information for longer periods where required to comply with applicable law, to resolve disputes, or to enforce our agreements.

11. FOR OUR EEA, UK, AND SWISS USERS (GDPR)

This Section supplements the rest of this Privacy Policy and applies to individuals in the European Economic Area (“EEA”), United Kingdom (“UK”), and Switzerland (“European Users”).

a. Data Controller.

Hercules Fitness, LLC acts as the data controller in respect of all personal data described in this Privacy Policy. Our contact details are set out in Section 22.

b. Lawful Bases for Processing.

We rely on the following lawful bases under Article 6 GDPR:

  1. Contractual necessity (Art. 6(1)(b)): account registration, delivery of the Services, subscription management, and support.

  2. Legitimate interests (Art. 6(1)(f)): improving the Services, fraud prevention, security monitoring, and direct marketing to existing customers, where such interests are not overridden by your interests or fundamental rights.

  3. Legal obligation (Art. 6(1)(c)): tax, accounting, and regulatory compliance.

  4. Consent (Art. 6(1)(a)): non-essential marketing communications and non-essential cookies. You may withdraw consent at any time without affecting the lawfulness of processing carried out prior to withdrawal.

c. Special Category Data (Art. 9).

We do not process Workout Data or Connected Health App Data as special category data concerning health within the meaning of Article 9 GDPR; see Section 3(d) for our reasoning and Section 12 for our position under equivalent United States state consumer health data laws. If we later determine that special category data is involved, we will identify an appropriate legal basis, which may include your explicit consent under Article 9(2)(a), before that processing begins.

d. International Data Transfers.

Hercules Fitness is established in the United States and stores all user data on servers located in the United States. Where you provide personal data to us directly, that provision is not a “transfer” within the meaning of Chapter V of the GDPR. Where we engage service providers to process personal data on our behalf, we put in place the European Commission’s Standard Contractual Clauses (2021) and the UK International Data Transfer Addendum where required, together with appropriate supplementary measures. For further information about applicable transfer safeguards, please contact privacy@deltos.fit.

e. Automated Decision-Making and Profiling (Art. 22).

The Services generate automated insights and recommendations from your Workout Data. These do not produce legal effects concerning you or similarly significantly affect you, and accordingly do not constitute solely automated decision-making within the meaning of Article 22 GDPR. You may contact us at any time to discuss how any insight was generated.

h. Rights of Data Subjects.

European Users have the following rights with respect to personal data processed by Hercules Fitness as controller, subject to applicable conditions and limitations under the GDPR:

  1. Access (Art. 15): Request a copy of the personal data we hold and information about how we process it.

  2. Rectification (Art. 16): Request correction of inaccurate or incomplete personal data.

  3. Erasure (Art. 17): Request deletion of your personal data where it is no longer needed for the purposes for which it was collected, or where consent is withdrawn and no other lawful basis applies.

  4. Restriction of Processing (Art. 18): Request restriction of processing in certain circumstances.

  5. Data Portability (Art. 20): Request a copy of your personal data in a structured, commonly used, machine-readable format, and the right to transmit that data to another controller where technically feasible.

  6. Objection (Art. 21): Object to processing based on legitimate interests or for direct marketing purposes. Where you object to processing for direct marketing, we will cease processing promptly.

  7. Withdrawal of Consent: Where processing is based on consent, you may withdraw consent at any time.

  8. Right to Lodge a Complaint: You have the right to lodge a complaint with the supervisory authority in your EEA Member State, or the UK Information Commissioner's Office (ICO) at https://ico.org.uk/make-a-complaint (telephone: 0303 123 1113) for UK residents, or the Federal Data Protection and Information Commissioner (FDPIC) in Switzerland.

To exercise these rights, please contact us at privacy@deltos.fit. We will respond within thirty (30) days of receipt of a verifiable request, and may extend the response period by a further two months where necessary, with notice. We may require identity verification before processing requests.

12. CONSUMER HEALTH DATA (WASHINGTON, NEVADA, CONNECTICUT AND COMPARABLE STATE LAWS)

Some states, including Washington, Nevada, and Connecticut, regulate the collection and use of “consumer health data” by digital services. Based on the nature of the information described in Section 3, we do not believe that the Workout Data or Connected Health App Data we collect constitutes consumer health data under those laws, because it does not identify or reveal your physical or mental health status, a diagnosis, or a health condition, and it is limited to exercise performance metrics, workout duration, and step counts. We do not sell consumer health data, and we do not disclose it to any third party for advertising purposes. If we begin collecting additional information that would bring us within the scope of these laws, we will update this Privacy Policy and obtain any consent required before doing so. To ask a question about this Section, contact us at privacy@deltos.fit.

13. CALIFORNIA CONSUMER PRIVACY ACT (CCPA/CPRA)

This Section applies to California residents pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (together, the “CCPA”). Hercules Fitness does not currently meet the applicability thresholds set out in the CCPA. We nonetheless honour the rights described below as a matter of policy, and this Section will apply as a matter of law if and when we meet those thresholds.

a. Categories of Personal Information Collected.

We collect the following categories: identifiers (name, email address, telephone number, IP address, account username, device and cookie identifiers); commercial information (subscription and transaction records); internet or other electronic network activity information (interactions with the Website and App); geolocation data (approximate location derived from IP address); and inferences drawn from the foregoing. We do not collect “sensitive personal information” as defined under the CCPA; see Section 3(d) for our position on Workout Data and Connected Health App Data. If this changes, we will provide the notice and opt-out rights the CCPA requires before doing so.

b. Right to Know.

You may request (up to twice per 12-month period) disclosure of the categories and specific pieces of personal information we have collected about you, the categories of sources, the business or commercial purpose for collection, and the categories of third parties with whom we share personal information.

c. Right to Delete and Right to Correct.

Upon verifiable request, we will delete personal information we have collected about you and direct our service providers to do the same, subject to statutory exceptions. You may also request correction of inaccurate personal information.

d. Right to Opt Out of Sale or Sharing.

We do not sell personal information for monetary consideration. We do share personal information for cross-context behavioural advertising through the Meta advertising pixel and the TikTok advertising pixel, as described in Section 6(d). You may opt out by contacting us at privacy@deltos.fit, by enabling a Global Privacy Control signal in your browser, which we honour, or through the “Do Not Sell or Share My Personal Information” link on our Website. We do not share Workout Data or derived insights for cross-context behavioural advertising.

e. Right to Limit Use of Sensitive Personal Information.

We do not collect sensitive personal information, so the right to limit its use does not currently apply to our processing. If this changes, we will honour requests to limit our use of sensitive personal information as required by the CCPA; contact us at privacy@deltos.fit.

f. Non-Discrimination.

We will not discriminate against you for exercising your CCPA rights. We will not deny you goods or services, charge different prices or rates, or provide a different level or quality of goods or services.

g. Contact.

Contact us at privacy@deltos.fit or at the address in Section 22. We will respond within forty-five (45) days. We may require identity verification to process your request.

h. Minors.

The CCPA requires opt-in consent before the sale or sharing of the personal information of a consumer under the age of 16, given by the consumer where they are aged 13 to 15 and by a parent or guardian where they are under 13. We go further than the statute requires: we do not sell or share the personal information of any user under the age of 18, and no opt-in is available for that purpose. Where we know a user is under 18, the Meta advertising pixel and TikTok advertising pixel is not deployed and their personal information is not used for cross-context behavioural advertising.

14. YOUR CALIFORNIA PRIVACY RIGHTS (SHINE THE LIGHT)

California Civil Code Section 1798.83 permits California residents to request information regarding the disclosure of their personal information to third parties for those third parties’ direct marketing purposes. We do not disclose personal information to third parties for their own direct marketing purposes. To make a request under this Section, please contact us at privacy@deltos.fit.

15. ADDITIONAL US STATE PRIVACY RIGHTS

Residents of certain US states have rights with respect to their personal information under applicable state consumer privacy laws. Where Hercules Fitness meets the applicable thresholds under those laws, we will honour, and in any event as a matter of policy we honour, the following rights:

  1. Right to Access: confirmation of whether we process your personal data and a copy of such data.

  2. Right to Correction: correction of inaccurate personal data.

  3. Right to Deletion: deletion of personal data we have collected from you, subject to applicable exceptions.

  4. Right to Data Portability: a copy of your personal data in a portable and, to the extent technically feasible, readily usable format.

  5. Right to Opt Out: opt out of the processing of your personal data for purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects.

  6. Right to Consent to Sensitive Data Processing: We do not process sensitive data, including health data, about you (see Section 3(d)). If this changes, we will obtain your opt-in consent as required by applicable law before doing so.

  7. Rights of Minors: several states impose heightened protections for consumers under 18, including outright prohibitions on the sale of, and targeted advertising using, their personal data. We apply a single standard nationwide: no sale, no sharing, no targeted advertising and no profiling of any user we know or have reason to know is under 18, and collection limited to what is strictly necessary to provide the Services.

  8. Right to Appeal: if we decline to take action on your request, you may appeal by contacting us at privacy@deltos.fit. We will respond to your appeal within sixty (60) days.

To exercise these rights, please contact us at privacy@deltos.fit. We will respond within forty-five (45) days of receipt of a verifiable request, which may be extended by a further forty-five (45) days where reasonably necessary, with notice. We will not discriminate against you for exercising these rights.

16. CHILDREN’S AND MINORS’ PRIVACY

This Section explains our minimum age policy and our approach to children’s privacy. Please read it together with Section 4 of our Terms of Service, which sets out our eligibility requirements.

a. Minimum Age.

The Services are available only to individuals aged 18 and over. We do not knowingly permit anyone under the age of 18 to register for, purchase, or use the Services. We confirm eligibility through the representation you make when you accept our Terms of Service, together with the age rating and content descriptors we maintain for the App in the Apple App Store and Google Play Store. We do not operate a separate age-verification or age-gate screen on the Website or in the App.

b. Children Under 13 (COPPA).

The Children’s Online Privacy Protection Act of 1998 (“COPPA”) and the COPPA Rule (16 C.F.R. Part 312) impose requirements on operators of websites and online services directed to children under 13, and on operators of general-audience services that have actual knowledge that they are collecting personal information from children under 13.

Our Website and Services are intended only for adults aged 18 and over and are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal information from a child under 13, we will delete it promptly and terminate the account. If you believe a child under 13 has provided personal information to us, please contact us at privacy@deltos.fit and we will promptly investigate and delete such information.

c. If We Learn a User Is Under 18.

If we learn that a user is under the age of 18, we will terminate that user’s account and delete the personal information associated with it, except where we are required to retain it by applicable law.

d. What We Do Not Do With a Minor User’s Information.

In respect of every user we know, or have reason to know, is under the age of 18, we do not: (i) sell their personal information; (ii) share their personal information for cross-context behavioural or targeted advertising; (iii) deploy the Meta advertising pixel, TikTok advertising pixel, or any other advertising or targeting technology; (iv) profile them for advertising, marketing, or commercial purposes; (v) collect precise geolocation data; or (vi) send them marketing communications. These restrictions apply irrespective of any consent, and we do not offer an opt-in that would permit any of them.

e. Data Minimisation for Minor Users.

If we learn that a Minor User has accessed the Services, we limit our further processing of that user’s personal information to what is strictly necessary to close the account and comply with our legal obligations, consistent with Section 16(c).

f. Third-Party Operators and Plug-ins.

We do not knowingly allow any third-party operator, advertising network, or plug-in to collect personal information from any user under the age of 18 through the Website or Services.

IF YOU ARE UNDER 18, PLEASE DO NOT USE OR ACCESS OUR WEBSITE OR SERVICES.

17. ARTIFICIAL INTELLIGENCE AND AUTOMATED PROCESSING

a. How We Use Automated Processing.

The Services use algorithmic and, where indicated in the App, artificial intelligence and machine learning techniques to analyse the Workout Data you record and to generate insights, summaries, trends, progress indicators, and training recommendations. These outputs are produced automatically from the information you enter. They are a core feature of the Services, and by using the Services you understand that they are generated in this way.

b. Outputs Are Probabilistic and May Be Wrong.

Automated outputs are probabilistic in nature and may contain inaccuracies, omissions, or errors. They depend entirely on the accuracy and completeness of the information you enter. They are not a substitute for human judgment, and they are not a clinical, diagnostic, or professional assessment of your health, fitness, capability, or risk of injury. You are responsible for reviewing and evaluating any output before acting on it.

c. No Use in High-Stakes Contexts Without Professional Review.

You should not rely on any automated output from the Services as the sole basis for a decision in a medical, clinical, rehabilitative, nutritional, safety-critical, or other high-stakes context. If you have or suspect you have any medical condition, are pregnant, are recovering from injury or surgery, or are taking medication, consult a qualified healthcare professional before acting on any recommendation the Services generate. Our Terms of Service contain further important information about this at Section 13.

d. We Do Not Train Models on Your Data.

We do not use your Workout Data, derived insights, or other personal information to train, fine-tune, or develop any general-purpose or foundational artificial intelligence or machine learning model, and we do not make your personal information available to any third party for that purpose. Where we use a third-party artificial intelligence service provider to deliver a feature, we will identify that provider in Section 18 and will contractually prohibit it from using your information for its own purposes, including model training.

e. Automated Decision-Making.

The automated outputs generated by the Services do not produce legal effects concerning you and do not similarly significantly affect you, and accordingly do not constitute solely automated decision-making within the meaning of Article 22 GDPR or profiling in furtherance of decisions producing legal or similarly significant effects within the meaning of United States state privacy laws. If we introduce a feature that does, we will give you notice and provide the rights that apply to it, including the right to obtain human review.

f. Automated Processing and Users Under 18.

We do not use automated processing to profile any user we know or have reason to know is under the age of 18 for advertising, marketing, or commercial purposes. The workout insights described in this Section are generated for users under 18 solely to deliver the Services they have requested, and are not used to build advertising profiles, to determine what marketing they receive, or to maximise engagement. We do not deploy design features intended to prolong use, such as engagement streaks tied to notifications, in respect of users under 18.

g. No Biometric Processing.

The Services do not collect or process biometric identifiers or biometric information within the meaning of the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, or comparable statutes. We do not use facial recognition, voice recognition, fingerprint, retina, or scan-based identification of any kind.

18. LIST OF SERVICE PROVIDERS

Hercules Fitness uses the following service providers in connection with the operation of the Services. All service providers are bound by contractual data protection obligations consistent with this Privacy Policy.

Name of Service Provider • Purpose • Website
  • Google LLC (Alphabet, Inc.) • Cloud hosting and infrastructure • https://policies.google.com/privacy
  • Stripe, Inc. • Payment processing and subscription billing • https://stripe.com/privacy
  • Vercel, Inc. • Application hosting and deployment • https://vercel.com/legal/privacy-policy
  • Meta Platforms, Inc. • Advertising measurement and interest-based advertising • https://www.facebook.com/privacy/policy
  • TikTok USDS Joint Venture LLC • Advertising measurement and interest-based advertising • https://www.tiktok.com/legal/page/us/privacy-policy/en
  • Dub.co • Affiliate and referral programme management • https://dub.co/privacy
  • PostHog • Product analytics • https://posthog.com/privacy

We also receive Connected Health App Data directly from Apple Inc. (Apple Health) and Google LLC (Google Health Connect), at your direction and only with your consent, as described in Section 3(e). Apple and Google act on your instructions in that flow, not ours, and are not our service providers with respect to that data.

19. CAN-SPAM ACT OF 2003

In compliance with the CAN-SPAM Act of 2003, Hercules Fitness will not use false or misleading email subject lines or sender addresses; will identify commercial messages as advertisements in a reasonable manner; will include its physical address in all commercial email; will monitor third-party email marketing services for compliance; will honour opt-out and unsubscribe requests promptly; and will include a clear opt-out or unsubscribe mechanism in every marketing email. To opt out of marketing email, follow the unsubscribe instructions at the bottom of any such email, or email us at privacy@deltos.fit and we will promptly remove you from all marketing correspondence.

20. PRIVACY AND THIRD-PARTY LINKS

Our Website and App may contain links to third-party websites and services, and we may occasionally include or offer third-party products or services. These linked sites are operated independently and have their own privacy policies. Hercules Fitness has no responsibility or liability for the content or activities of linked sites. We nonetheless seek to protect the integrity of our Services and welcome feedback about any linked site.

21. MODIFICATIONS TO THIS PRIVACY POLICY

We reserve the right to update this Privacy Policy at any time to reflect changes in legal requirements, our business practices, or the technologies we use. We will post the updated Privacy Policy on our Website with a revised “Last Updated” date. Where required by applicable law, we will provide direct email notification of material changes. Where a change materially expands our use or disclosure of consumer health data, we will obtain your fresh consent before that change applies to data already collected.

22. CONTACT US

For questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:

Jordan Wolff, Chief Executive Officer
Hercules Fitness, LLC
741 Castro Street, #A, San Francisco, CA 94114, United States

Email: privacy@deltos.fit
Phone: 847-287-6158
Website: https://deltos.fit

BY USING OUR WEBSITE OR SERVICES, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR WEBSITE OR SERVICES.