INTRODUCTION
HERCS Technology Inc. ("HERCS," "we," "us," or "our") is committed to respecting and protecting the privacy of our users. This Privacy Policy is designed to provide clear information about how we collect, use, share, and protect your personal data when you interact with the HERCS application (the "App") and its associated services (the "Services"). By using the App, you agree to the practices outlined in this Privacy Policy. We recognize that privacy is a fundamental right and understand the importance of ensuring that your personal information is handled securely and responsibly. Our goal is to maintain transparency about our data practices and to provide a trustworthy environment for you to engage with our Services. This Privacy Policy applies to all users of the App, including individuals who browse, create accounts, participate in financial transactions (such as tipping), or interact with customer support. It explains: The types of data we collect. How we use and share your data. The measures we take to protect your information. Your rights and choices regarding your data. HERCS may update this Privacy Policy from time to time to reflect changes in our practices, Services, or legal requirements. Updates will be noted with the "Last Updated" date at the top of this document. We encourage you to periodically review this Privacy Policy to stay informed about how we handle your data. If any significant changes are made, we will notify you through appropriate channels, such as email or in-app notifications. If you do not agree with this Privacy Policy or any updates to it, you must stop using the App immediately. Your continued use of the App after changes are posted signifies your acceptance of the updated terms. For any questions, concerns, or requests regarding this Privacy Policy, please contact us by email: contact@gohercs.com.
SCOPE OF THIS PRIVACY POLICY
Covered Services
This Privacy Policy applies specifically to: The HERCS App, accessible via mobile devices or other platforms. All features, functionalities, and interactions within the App, including account registration, financial transactions, user-generated content, and customer support. Communications initiated through the App, such as email updates or push notifications related to your account or our Services.
Data Collection Contexts
We collect and process personal data in the following contexts: Account Creation: When you register for an account or log in using a third-party service (e.g., Google or Facebook). Financial Transactions: When you engage in tipping, withdrawals, or other financial activities facilitated by HERCS and its third-party payment processors. Activity Tracking: When you use the App to log fitness activities, dietary preferences, or related data. Support Requests: When you contact HERCS for assistance or provide feedback.
Exclusions
This Privacy Policy does not apply to: Third-party websites, applications, or services linked to or integrated within the HERCS App. For example: If you use a third-party payment processor (e.g., PayPal) for tipping or withdrawals, their privacy policies govern the handling of your financial data. Links to external websites or platforms accessed through the App fall outside HERCS’s control. Data collected offline or outside the scope of the App and Services. HERCS is not responsible for the privacy practices or content of these third-party services. We recommend that you review the privacy policies of any external services before interacting with them.
Regional Applicability
The HERCS App and Services are primarily intended for users located in the United States. If you access the App from another jurisdiction, please be aware that: Your data will be transferred to, stored, and processed in the United States, where privacy laws may differ from those in your country of residence. By using the App, you consent to this transfer and to the processing of your data as described in this Privacy Policy.
Future Changes
HERCS does not currently integrate with certain external APIs, such as Apple Health or Google Fit. Should we implement such integrations in the future, this Privacy Policy will be updated to include: How such integrations affect the collection, use, and sharing of data. Any additional measures HERCS takes to ensure compliance with privacy regulations. This Privacy Policy reflects HERCS's commitment to responsible data handling. It aligns with applicable U.S. laws, including the California Consumer Privacy Act (CCPA) and the Children’s Online Privacy Protection Act (COPPA), ensuring transparency and accountability.
INFORMATION WE COLLECT
Personal Information
When you register for an account, interact with the App, or use its features, we may collect personal information that identifies you. This includes: Email Address: Required for account creation, authentication, and communication. Name: Optional, provided at your discretion for profile personalization. Third-Party Login Credentials: If you choose to log in through third-party services like Google or Facebook, we collect your authentication tokens and email address. We recommend using your primary email to ensure uninterrupted access to your account. For security reasons, HERCS does not support email changes once your account is created.
Financial Information
To support tipping, withdrawals, and other financial transactions, HERCS collects: Transaction Data: Includes tipping amounts, recipient details, and withdrawal requests. Payment Processor Information: HERCS does not store sensitive payment details (e.g., credit card numbers). Instead, these details are processed by trusted third-party providers such as PayPal. HERCS retains transactional records for financial accountability, platform analytics, and regulatory compliance (e.g., tax reporting).
Fitness and Activity Data
As a fitness and workout platform, HERCS allows you to voluntarily log personal fitness data. This data is used to enable the App’s functionality and includes: Workout Logs: Exercise types, durations, and frequency. Dietary Information: Meal plans, nutrition goals, or calorie tracking. Body Measurements: Weight, BMI, or other health-related metrics. This information is considered private and is stored securely. HERCS does not share or analyze this data without your explicit consent. Users retain full ownership and control of their fitness data.
Technical Information
HERCS collects technical data to ensure the App operates effectively and securely: Device Information: Device type, operating system, and version. IP Address: Used for approximate geolocation and to monitor for suspicious activity. App Usage Logs: Tracks how you interact with the App (e.g., features used, time spent). This data helps us optimize performance, debug technical issues, and protect against unauthorized access.
Customer Support Data
When you contact HERCS for support or provide feedback, we collect: Contact Information: Such as your email address or phone number. Support Details: Includes descriptions of your issue, screenshots, or debug logs. Support data is retained temporarily to improve customer service and address recurring issues. This data is not used for any other purpose.
Cookies and Tracking Technologies
HERCS uses cookies and similar technologies to enhance user experience, analyze performance, and personalize services: Cookies: Small files stored on your device to remember login sessions or preferences. Web Beacons: Used in emails or App features to track engagement, such as email opens or button clicks. You can manage or disable cookies through your browser settings, but doing so may limit certain functionalities of the App.
Data from Third-Party Services
If you interact with third-party integrations, such as payment processors or social media logins, those services may share limited data with HERCS: Authentication tokens for login. Payment confirmation details for financial transactions. HERCS ensures that data received from third parties is used solely for the intended purpose and complies with applicable privacy regulations.
Aggregated and Anonymous Data
HERCS may aggregate or anonymize data collected from users. This data is stripped of identifiers and used for: Internal analytics to improve the App’s functionality. Reports on platform usage or trends for operational decision-making. Aggregated data cannot be traced back to individual users.
How We Collect Information
HERCS gathers information through: User Input: Information you voluntarily provide when creating an account, logging activities, or interacting with features. Automated Systems: Data collected by the App or its servers, such as technical logs or analytics. Third-Party Integrations: Information shared by payment processors or login providers, based on your authorization.
HOW WE USE YOUR INFORMATION
To Provide and Operate the Services
We use your information to deliver core functionalities of the App, including: Account Management: Verifying your identity, enabling login access, and maintaining your account information. Fitness Tracking: Storing and displaying your logged workout and dietary data. Tipping and Withdrawals: Processing financial transactions securely through third-party payment providers. By processing your data, we ensure the App operates as intended, offering you a seamless user experience.
To Personalize Your Experience
Your data allows us to provide personalized features and recommendations, such as: Custom Fitness Insights: Tailoring fitness goals and activity suggestions based on your logged data. Content Suggestions: Highlighting relevant user-generated content, such as fitness plans or dietary tips. Notification Preferences: Delivering updates and reminders based on your activity and preferences. This personalization enhances your engagement with the App and helps you achieve your fitness goals.
To Communicate with You
We use your contact information (e.g., email address) to: Send account-related updates, such as changes to your login credentials or successful transactions. Notify you of changes to the App, including new features, policies, or planned maintenance. Respond to your inquiries or requests submitted through customer support. Marketing communications, such as promotional emails, are only sent if you opt in. You can opt out at any time by using the "unsubscribe" link in our emails or updating your preferences within the App.
To Ensure Security and Prevent Fraud
HERCS processes certain data to protect users and the platform from misuse, including: Monitoring for Suspicious Activity: Detecting unauthorized login attempts, fraudulent transactions, or unusual patterns of activity. Enforcing Terms of Service: Identifying and addressing violations of our Community Guidelines or other policies. Protecting User Accounts: Implementing safeguards such as IP monitoring and secure authentication methods. Our proactive measures help maintain a safe and trustworthy environment for all users.
To Improve the App
We analyze aggregated and anonymized data to: Identify usage trends and popular features. Optimize performance and fix technical issues. Develop new features and functionality to enhance user experience. For example, understanding how users engage with workout tracking can guide us in designing more effective tools for fitness management.
To Comply with Legal Obligations
HERCS may process your information to fulfill legal and regulatory requirements, including: Tax Compliance: Reporting income generated through tipping and withdrawals, as required by U.S. federal and state laws. Responding to Legal Requests: Providing data to law enforcement or government authorities when required by applicable laws, subpoenas, or court orders. We only share the minimum amount of information necessary to meet these obligations.
To Facilitate Customer Support
When you contact HERCS for assistance, we use your support data to: Diagnose and resolve technical issues. Address inquiries related to account access, transactions, or App features. Improve the quality and responsiveness of our customer service. Retaining support data temporarily allows us to identify recurring issues and enhance the user experience.
For Research and Development
We may use anonymized or aggregated data for research and innovation, including: Testing new App features. Developing algorithms to improve fitness tracking and recommendations. Studying user trends to refine the overall design and usability of the App. Research initiatives are conducted with strict privacy protections, ensuring your personal data remains secure and confidential.
Marketing and Promotions
With your explicit consent, HERCS may use your data to: Inform you about new features, services, or special promotions. Highlight user achievements or milestones within the community. You can control how we use your data for marketing purposes by managing your preferences in the App or contacting us directly.
How We Respect Your Choices
HERCS is committed to honoring your data preferences. You have the right to: Access, update, or delete your data at any time. Opt out of receiving non-essential communications. Request details about how your data is used or shared. Your information is only used for the purposes described in this policy. HERCS does not sell your data to third parties, and we strive to ensure all data practices comply with applicable laws and regulations.
SHARING YOUR INFORMATION
With Service Providers
HERCS partners with trusted third-party service providers to perform essential functions. These providers are contractually obligated to protect your information and use it only for the purposes specified by HERCS. Examples include: Payment Processors: We share transactional data (e.g., tipping amounts, withdrawal requests) with payment providers like PayPal to facilitate secure financial transactions. Cloud Hosting Services: To store and manage your data securely on reliable infrastructure. Customer Support Tools: For managing and responding to your inquiries effectively. These providers are required to follow strict data security standards and may not use your information for their independent purposes.
For Legal Compliance
HERCS may disclose your information to meet legal, regulatory, or contractual obligations. This includes: Responding to Law Enforcement: Providing information as required by subpoenas, court orders, or other legal processes. Tax Reporting: Sharing financial data with government authorities to comply with U.S. tax laws related to tipping income and withdrawals. Regulatory Requirements: Meeting obligations under applicable laws, such as consumer protection regulations or fraud prevention measures. We only share the minimum amount of information necessary to comply with these obligations and will notify you of such disclosures when legally permitted.
Business Transfers
In the event of a corporate transaction, such as a merger, acquisition, or sale of assets, your information may be transferred to the acquiring organization. If this occurs: HERCS will notify you of the transaction and explain how your data will be handled. The new entity will be required to adhere to this Privacy Policy or provide notice of any changes. If you object to the transfer of your data, you may request its deletion, subject to legal and operational requirements.
With Your Consent
HERCS does not share your personal data with third parties for marketing or other purposes without your explicit consent. Examples of situations requiring your consent include: Sharing data with partners for promotional collaborations. Allowing third-party integrations (e.g., sharing fitness data with another platform). You can revoke your consent at any time by contacting HERCS or adjusting your settings within the App.
To Protect HERCS and Its Users
HERCS may disclose information when necessary to protect the rights, safety, or property of: HERCS, including enforcing our Terms of Service and investigating violations. Our users, by addressing reports of fraudulent activity, harassment, or misuse of the platform. The public, to prevent harm or illegal activity. Such disclosures are made in good faith and are limited to what is necessary to address the issue.
Aggregated and Anonymized Data
HERCS may aggregate or anonymize data collected from users to generate insights and reports that cannot identify individual users. This data is shared with: Business partners for operational improvements. Potential investors or collaborators to demonstrate platform performance and trends. For example, HERCS might share information like the percentage of users who engage in specific fitness activities, without revealing personal details.
Third-Party Links and Services
If you access third-party websites, services, or features through the App (e.g., external payment processors or linked content), their privacy policies govern the use of your data. HERCS is not responsible for the privacy practices of these external services and recommends reviewing their policies before use.
When You Post Public Content
Certain features within the HERCS App, such as social fitness challenges or content sharing, may allow you to post information visible to other users. This includes: User-generated fitness plans or progress updates. Comments or interactions within public areas of the App. By posting publicly, you acknowledge that this information is visible to others and may be shared or redistributed outside the App. HERCS ensures that all data-sharing practices are conducted in compliance with this Privacy Policy and applicable privacy laws. For questions about how your information is shared, please contact us at contact@gohercs.com.
USER RIGHTS
Right to Correct
If your personal information is inaccurate or outdated, you can request corrections. HERCS allows users to: Update profile details (e.g., name, preferences) directly through the App settings. Correct any errors in transactional data or activity records upon request. For security reasons, HERCS does not allow changes to the registered email address associated with your account. This policy protects against unauthorized account modifications.
Right to Delete
You can request the deletion of your personal data under certain circumstances, such as: If the data is no longer necessary for the purposes for which it was collected. If you withdraw your consent for data processing. How to Delete Data: Submit a deletion request to contact@gohercs.com. HERCS will verify your identity to prevent unauthorized deletions. Once verified, your personal data will be removed from active systems within 30 days, except for information required to: Comply with legal obligations (e.g., tax reporting for tipping income). Resolve disputes or enforce agreements. Deleted data cannot be recovered, so ensure you download any information you wish to retain before submitting a request.
Right to Opt-Out
HERCS provides options to opt-out of specific data uses, including: Marketing Communications: You can unsubscribe from promotional emails by clicking the "unsubscribe" link in any message or by adjusting your preferences in the App. Personalized Content Recommendations: Users can opt-out of certain forms of data-driven personalization by contacting HERCS support. Essential communications related to account security or legal updates cannot be opted out of.
Right to Restrict Processing
You can request that HERCS temporarily restrict the processing of your personal data in certain situations, such as: If you contest the accuracy of your data. If you object to the use of your data for specific purposes. During the restriction period, HERCS will retain your data but will not process it for non-essential purposes.
California Privacy Rights
Residents of California have additional rights under the California Consumer Privacy Act (CCPA), including: Right to Know: You can request information about the categories of personal data collected, the purposes for which it is used, and the third parties with whom it is shared. Right to Delete: California users may request the deletion of their data under the same terms outlined above. Right to Opt-Out of Sale: HERCS does not sell personal data, but California users have the right to opt-out if this practice changes in the future. California residents can exercise these rights by contacting contact@gohercs.com. HERCS will verify your identity before processing any CCPA-related requests.
How HERCS Protects Your Rights
HERCS is committed to: Responding to user requests within legally mandated timeframes (typically 30 days). Ensuring transparent communication about data use and rights. Implementing robust verification procedures to safeguard against unauthorized access or changes. HERCS prioritizes user privacy and compliance with applicable laws, including the California Consumer Privacy Act (CCPA) and other U.S. regulations.
DATA SECURITY
Encryption
HERCS develops to employ encryption technologies to protect your data during transmission and storage: In Transit: All data transmitted between your device and HERCS (or third-party) servers is encrypted using Transport Layer Security (TLS) to prevent interception by unauthorized parties. At Rest: Sensitive data stored on HERCS (or third-party) servers is encrypted with advanced encryption standards (AES), ensuring its security even in the unlikely event of unauthorized access. Encryption ensures that your data remains secure and unreadable without proper decryption keys.
Access Controls
HERCS restricts access to your personal information to authorized personnel only. Measures may include: Role-Based Access Control (RBAC): Access to sensitive data is granted based on job function and operational need. Multi-Factor Authentication (MFA): Internal systems are protected by MFA to prevent unauthorized access. Periodic Audits: HERCS conducts regular reviews of access logs and permissions to ensure compliance with security policies. These controls minimize the risk of unauthorized access to your data.
Data Segmentation
HERCS segments user data to reduce the risk of exposure in case of a security incident: User data is stored separately from system data. Financial and transactional information is isolated and processed through secure third-party payment processors. This segmentation ensures that even if one system is compromised, other data remains secure.
Threat Detection and Monitoring
HERCS employs advanced tools to monitor and detect potential security threats: Intrusion Detection Systems (IDS): Monitors HERCS infrastructure for unusual activity or unauthorized access attempts. Real-Time Alerts: HERCS responds promptly to anomalies such as failed login attempts, unusual data access patterns, or suspicious transactions. Vulnerability Scanning: Regular scans identify and address potential weaknesses in the App or backend systems. Continuous monitoring helps HERCS stay ahead of emerging threats and protect user data proactively.
Secure Development Practices
HERCS integrates security measures throughout the development lifecycle of the App: Code Reviews: All code changes undergo rigorous review to identify and mitigate vulnerabilities. Penetration Testing: Independent security experts simulate attacks to test HERCS’s defenses and ensure resilience. Secure APIs: HERCS uses well-documented and secure APIs for data exchange, ensuring that external integrations do not introduce vulnerabilities. These practices ensure that security is built into every aspect of the App.
Incident Response Plan
In the unlikely event of a data breach, HERCS has a structured incident response plan to minimize impact: Detection and Analysis: Identify the scope and nature of the breach. Containment: Isolate affected systems to prevent further damage. Notification: Inform affected users and relevant authorities promptly, as required by applicable laws. Remediation: Address vulnerabilities and restore normal operations. Post-Incident Review: Evaluate the response to improve future security measures. HERCS will provide timely updates to affected users, including steps they can take to protect themselves.
User Responsibilities
While HERCS implements robust security measures, users also play a crucial role in safeguarding their data. HERCS recommends: Using strong, unique passwords for your HERCS account. Enabling additional security features, such as biometric authentication, if supported by your device. Keeping your login credentials confidential and avoiding sharing them with others. Monitoring your account activity and reporting any suspicious behavior immediately to HERCS support at contact@gohercs.com.
Limitations of Security
Although HERCS takes all reasonable steps to protect your data, no system is entirely immune to risks. External factors, such as user error or device vulnerabilities, may impact data security. HERCS cannot guarantee absolute security but remains committed to minimizing risks through best practices.
Compliance with Security Standards
HERCS adheres to industry-recognized standards and frameworks to ensure data security: California Consumer Privacy Act (CCPA) requirements for security measures and breach notifications. Compliance with the Children’s Online Privacy Protection Act (COPPA) to protect data collected from minors (if applicable). HERCS continuously evaluates its security practices to stay compliant with evolving legal and industry standards.
Reporting Security Concerns
If you suspect a security issue with the HERCS App, contact us immediately at contact@gohercs.com. HERCS investigates all reports promptly and takes appropriate action to resolve concerns. HERCS’s multi-layered approach to security demonstrates its commitment to protecting user data. By combining technological safeguards, secure development practices, and user education, HERCS creates a secure environment for its users to engage with the App confidently.
DATA RETENTION
General Retention Principles
HERCS adheres to the following principles when determining how long to retain user data: Purpose Limitation: Data is retained only for the specific purposes for which it was collected. Legal and Regulatory Compliance: Retention is guided by U.S. federal and state laws, such as tax reporting and consumer protection regulations. Minimization: Data that is no longer required is securely deleted or anonymized to reduce potential risks.
Retention Periods by Data Type
Email address, name (if provided), and user profile settings. Retention period: Retained for as long as your account remains active. If you close your account, this data will be deleted within 30 days unless required for legal or operational purposes. Workout logs, dietary data, and body measurements. Retention period: Retained until you delete the data or request account closure. Anonymized versions may be retained indefinitely for analytical purposes. Tipping records, withdrawal details, and associated platform fees. Retention period: Retained for a minimum of seven years to comply with tax and financial regulations. IP addresses, device information, and usage logs. Retention period: Retained for 12 months to support troubleshooting, fraud prevention, and performance analysis. Aggregated and anonymized technical data may be retained longer. Information provided during customer support interactions, such as email correspondence or screenshots. Retention period: Retained for six months after the issue is resolved, unless needed for dispute resolution or compliance purposes.
Inactive Accounts
Accounts that remain inactive for a prolonged period may be subject to deletion: Definition of inactivity: No login activity or data updates for 12 consecutive months. Deletion process: HERCS will send a notification to your registered email address before deletion, giving you the opportunity to reactivate your account. If no action is taken, the account and associated data will be permanently deleted.
Deletion Upon User Request
Users can request the deletion of their personal data at any time: How to request: Contact contact@gohercs.com with your account details. Process: HERCS will verify your identity and delete your data within 30 days, except for data required to comply with legal obligations or ongoing disputes. Irreversibility: Once data is deleted, it cannot be recovered. Users should download any information they wish to retain before making a deletion request.
Aggregated and Anonymized Data
HERCS may retain aggregated or anonymized data indefinitely. This data is stripped of identifiers and used solely for: Internal research and analytics. Operational improvements and feature development. Reporting on user trends without revealing personal details. Aggregated data poses no risk to individual user privacy.
Legal and Regulatory Retention
Certain data may be retained for longer periods to comply with legal or regulatory requirements. For example: Tax records for tipping income and withdrawals must be retained for seven years under U.S. tax laws. Logs of financial transactions may be required for audits or investigations. HERCS ensures that data retained for legal purposes is stored securely and accessed only by authorized personnel.
Data Deletion Following Business Closure
In the unlikely event of HERCS ceasing operations, user data will be: Deleted securely in accordance with applicable laws and industry standards. Transferred to a successor organization only if consistent with this Privacy Policy and user consent.
Secure Deletion Practices
When HERCS deletes data, it uses secure methods to prevent unauthorized recovery: Digital data: Permanently erased using secure wiping tools. Physical records: Shredded or otherwise destroyed in compliance with security standards.
User Responsibility
To ensure accurate and timely deletion of your data, users should: Regularly update their account details to reflect their current preferences. Notify HERCS promptly of any concerns regarding data retention.
COOKIES AND TRACKING TECHNOLOGIES
What Cookies Are
Cookies are small text files stored on your device (e.g., computer, tablet, or smartphone) by websites or applications. They allow the App to recognize your device and remember your preferences during your session or for future visits. HERCS uses cookies to: Improve the performance and functionality of the App. Personalize your experience based on your preferences. Analyze user behavior to optimize features and services.
Types of Cookies Used
HERCS develops to employ several types of cookies for specific purposes: Purpose: Enable core functionalities such as secure login, navigation, and account management. Example: Remembering your login session to prevent repeated logins during your visit. Impact if Disabled: Disabling these cookies may prevent you from accessing some features of the App. Purpose: Collect anonymized data on how users interact with the App to help improve performance and usability. Example: Tracking which features are most frequently used or identifying slow-loading pages. Impact if Disabled: Disabling these cookies may limit HERCS's ability to optimize your experience. Purpose: Store user preferences, such as language selection or notification settings, to personalize your experience. Example: Remembering your preferred workout settings or dietary goals. Impact if Disabled: Disabling these cookies may result in a less tailored user experience. Purpose: Help HERCS understand user behavior through aggregated and anonymized data. Example: Using tools like Google Analytics to measure user engagement with features or pages. Impact if Disabled: HERCS will still function, but data-driven improvements may be less effective. Purpose: Used to deliver targeted ads and measure the effectiveness of marketing campaigns (HERCS currently does not use advertising cookies but reserves the right to implement them in the future with appropriate user notification). Example: Showing relevant promotions based on your fitness interests.
Use of Web Beacons and Similar Technologies
HERCS may use additional tracking technologies, such as: Web Beacons (Pixel Tags): Tiny graphics embedded in emails or App pages that track when the content has been accessed or interacted with. Example: Determining whether you opened a notification about a new feature. Local Storage: Storing data directly on your device to enhance App performance and reduce load times. Session Storage: Temporarily storing information about your session, which is deleted when you close the App. These technologies complement cookies to improve functionality and provide insights into user engagement.
Third-Party Tracking
HERCS may work with third-party services, such as analytics providers, that use cookies or similar technologies to collect data on our behalf. These providers include: Google Analytics: Tracks usage patterns and helps HERCS optimize its services. Payment Processors (e.g., PayPal): Use cookies to securely process transactions. HERCS ensures that these third parties comply with data protection laws and only use your data as outlined in their privacy policies.
Managing Cookies and Tracking Preferences
You have control over how cookies and tracking technologies are used. Here’s how you can manage your preferences: Browser Settings Most browsers allow you to: View and delete existing cookies. Block new cookies from being placed. Notify you when cookies are being used. Visit your browser's help section for instructions specific to your device or browser version. In-App Settings HERCS may offer in-App options to manage cookie preferences. These settings allow you to: Opt out of non-essential cookies. Adjust preferences for analytics or personalization features. Third-Party Tools You can use tools like the Network Advertising Initiative (NAI) opt-out page or Google’s Ad Settings to control how third-party services track your activity.
Consequences of Disabling Cookies
Disabling cookies may impact your experience with the HERCS App, including: Loss of saved preferences, requiring you to re-enter settings during each session. Reduced performance or slower loading times. Limited access to certain features, such as secure login or personalized recommendations. HERCS recommends enabling essential cookies for the best user experience while managing non-essential cookies according to your preferences.
Legal Compliance
HERCS complies with applicable laws and regulations regarding cookies and tracking technologies, including: California Consumer Privacy Act (CCPA): California residents can opt out of data sharing for targeted advertising purposes. Children’s Online Privacy Protection Act (COPPA): HERCS does not knowingly use cookies to track users under the age of 13.
CHILDREN’S PRIVACY
Age Restrictions
The HERCS App is designed for users who are at least 13 years of age. Users under 18 years of age must have parental or guardian consent to register and use the App. By using the App, you affirm that you meet these age requirements. HERCS does not knowingly collect or process personal information from children under 13 without verified parental consent.
No Data Collection from Children Under 13
HERCS explicitly prohibits account creation by individuals under the age of 13. If HERCS becomes aware that a child under 13 has provided personal information, the following actions will be taken: Immediate Suspension: The account will be temporarily disabled to prevent further use. Data Deletion: Any personal information collected from the child will be permanently deleted. Notification: HERCS will make reasonable efforts to notify the parent or guardian, if contact information is available. If you believe HERCS has inadvertently collected data from a child under 13, please contact us immediately at contact@gohercs.com.
Limited Collection for Users Under 18
For users aged 13 to 17, HERCS may collect personal data as described in this Privacy Policy. This includes: Account details (e.g., email address, name, and preferences). Fitness tracking data (e.g., workouts and dietary goals). Tipping and transaction information. HERCS ensures that the data collection and processing practices for minors are limited to what is necessary to provide the App’s core functionality. Data collected from minors is never used for marketing or advertising purposes.
Parental Consent and Control
Parents or guardians of users under 18 have the right to: Review the information collected about their child. Request the deletion of their child’s account and associated data. Withdraw consent for their child’s continued use of the App. How to Exercise Parental Rights: Parents can contact HERCS at contact@gohercs.com to submit a request. HERCS will verify the identity of the parent or guardian before taking action.
Educational and Fitness Content
HERCS’s primary goal is to support healthy habits and fitness education. Any content available within the App is designed to be appropriate for users of all ages. However, parents should monitor their child’s use of the App to ensure it aligns with family values and expectations.
Compliance with COPPA
HERCS complies with the Children’s Online Privacy Protection Act (COPPA) by: Implementing strict age-gating measures to prevent children under 13 from creating accounts. Providing parents with full control over the data collected about their children under 18. Avoiding targeted advertising or behavior tracking for minor users. HERCS takes its responsibilities under COPPA seriously and regularly reviews its practices to ensure compliance with this and other applicable laws.
Encouraging Parental Supervision
HERCS encourages parents and guardians to take an active role in their child’s online activities. To further protect children: Educate your child about online safety and privacy best practices. Use parental controls available on devices or App stores to manage access. Resources such as the Federal Trade Commission’s (FTC) website provide additional guidance for parents on how to protect their children’s privacy online.
Updates to Children’s Privacy Practices
HERCS may update this section of the Privacy Policy as regulations evolve or as new features are introduced. Significant updates will be communicated to registered users through the App or email. For questions, concerns, or to report potential violations of this Children’s Privacy Policy, please contact us at contact@gohercs.com. HERCS is committed to ensuring a safe and secure environment for all users, including children.
INTERNATIONAL DATA TRANSFERS
Data Processing in the United States
HERCS’s servers and data processing infrastructure are located in the United States. By using the App, you acknowledge and agree that: Your personal data will be transferred to the United States, where privacy laws may differ from those in your home country. The data protection measures implemented by HERCS are designed to ensure your information is handled securely, regardless of location.
Legal Basis for Transfers
HERCS processes international data transfers in compliance with applicable privacy laws, such as: California Consumer Privacy Act (CCPA). General privacy principles for users in regions without explicit privacy laws. By using the App, you consent to the transfer of your data to the United States. HERCS ensures that such transfers are necessary for providing the Services and are conducted with adequate safeguards in place.
Safeguards for International Transfers
HERCS employs robust security measures to protect your personal data during international transfers: Encryption: All data is encrypted during transmission using Transport Layer Security (TLS). Access Controls: Personal data is accessible only to authorized personnel with a legitimate business need. Compliance with Standards: HERCS adheres to industry best practices for data protection and privacy. These safeguards ensure your data is treated with the same level of protection regardless of geographic location.
User Rights for International Transfers
If you reside outside the United States, you may have additional rights concerning your personal data. For example: Access and Deletion Requests: You can request access to or deletion of your data, as outlined in the "User Rights" section of this Privacy Policy. Withdrawal of Consent: If you previously consented to the transfer of your data but wish to withdraw that consent, you can contact HERCS at contact@gohercs.com. HERCS will work to honor your rights within the constraints of applicable U.S. laws.
Future Expansion and Updates
As HERCS develops, we may expand our operations to additional countries. Any changes to international data transfer practices will be communicated through updates to this Privacy Policy. HERCS is committed to implementing appropriate legal mechanisms, such as: Standard Contractual Clauses (SCCs): If HERCS begins processing personal data from jurisdictions requiring SCCs, these clauses will be incorporated into our contracts with third-party processors and partners. Data Transfer Impact Assessments: Evaluations to ensure adequate levels of protection for international data transfers, in line with applicable regulations. HERCS will notify users of any material updates to our practices, particularly if these changes affect how data is transferred or processed across borders.
Implications for Non-U.S. Users
If you access the App from outside the United States, please be aware of the following implications for your data: Differences in Privacy Laws: The United States does not offer the same level of data protection as some jurisdictions, such as the European Union. Local Regulations: HERCS may process your data in compliance with the laws of the United States, which may differ from the privacy regulations in your home country. By using the App, you consent to these practices. If you have concerns about the transfer of your data, please contact contact@gohercs.com for more information.
User Responsibilities
Non-U.S. users are encouraged to: Review the terms of this Privacy Policy before using the App. Understand how U.S. privacy laws may apply to their data. Contact HERCS with any questions or concerns about international data transfers.
Questions and Contact Information
For questions about international data transfers or to exercise your rights regarding your personal data, you can reach out to: contact@gohercs.com. HERCS is dedicated to ensuring transparency and maintaining high standards of data protection, regardless of where our users are located.
Last Updated: December 5, 2024