Acta Fit Consumer Health Data Privacy Policy

Effective 2026-10-20

This policy explains how Bergie Industries LLC ("we", "us", "our"), the developer of the Acta Fit iPhone and Apple Watch app, the actafitapp.com website, the Acta Fit AI connector and the AI coach in the app, handles consumer health data: information about your body and your health, such as your heart rate, that laws including Washington's My Health My Data Act, Nevada's consumer health data law and Connecticut's data privacy law protect. It supplements our Privacy Policy, which covers everything else we collect. Where the two differ about consumer health data, this policy applies.

The short version

• During a workout you start in Acta Fit, your Apple Watch records your heart rate, and on outdoor runs and rides your power, distance and route. With your permission, the app also reads workouts, heart rate and related readings from Apple Health.
• That data stays on your devices and, if you use iCloud, in your private iCloud database, which we cannot read, unless you turn on "Connect your own AI assistant" or agree to the AI coach. Then a copy, including your heart-rate readings, is kept on our server in the United States.
• We do not sell consumer health data, we do not use it for advertising, and we do not give it to data brokers. We have no affiliates.
• If you agree to the AI coach, your training data and what you say to it go to AI companies that work for us under contract. We name them below.
• You can export and delete your data in the app, withdraw your agreement, and ask us for anything else at support@actafitapp.com.

What consumer health data we collect

• Heart rate. During a workout you start in Acta Fit, your Apple Watch records your heart rate: the readings themselves and summaries made from them (average, minimum and maximum, and time in each heart-rate zone). The app also reads the heart rate recorded with workouts in Apple Health, including workouts that other apps and devices saved there.
• Other workout readings. Active and resting calories, effort scores, and for runs and rides distance, speed, cadence, elevation, power (recorded by the Watch on outdoor runs and rides, or read from Apple Health) and GPS route.
• Your training log. Workouts, exercises, sets, reps, weights, durations, rest and pause periods, templates, plans, training maxes, and the notes you write, which can describe pain or an injury.
• Body and profile details you enter or allow from Apple Health: bodyweight, biological sex and date of birth (used for your age).
• Recovery readings the iPhone app reads from Apple Health to show readiness and fitness-level insights: resting heart rate, heart-rate variability, sleep, and VO2 max. The app reads and shows these on your iPhone; the copy on our server does not include them.
• What you tell the AI coach and what it replies, including anything about pain, injury, illness or how you feel; the facts it remembers (such as an injury or a goal), which you can see and delete in Account; and, if a message shows you may need medical care, a safety flag on your account with the date.
• Your choices: the Apple Health permissions you give the app, whether "Connect your own AI assistant" is on, and your agreement to the AI coach and to cloud voices (which version, and when).

Where it comes from

• The sensors of your Apple Watch and iPhone during workouts you start in Acta Fit.
• Apple Health, only with the permission you give in the Health app: workouts saved there by other apps and devices (for example Peloton, Runna, Nike or Strava), with their heart rate and other readings, and the body, profile and recovery readings listed above.
• You: what you log and write in the app, and what you type or say to the AI coach. If you talk to it, your phone turns your speech into text on the device; we never receive the audio.
• The app and the coach: readings and estimates derived from the above, such as heart-rate zones, estimated one-rep maxes, effort, fitness level and readiness; the coach's replies; and the facts it remembers.

How we use it

• To run your workouts and show your history, charts and records on your iPhone and Apple Watch, and to sync them between your own devices through your iCloud.
• To show training insights such as heart-rate zones, relative effort, fitness level and readiness.
• To write your completed workouts, with heart rate, calories, effort score and for outdoor runs and rides distance and route, to Apple Health, if you allow it.
• To let an AI assistant you connect read your training log, only if you turn "Connect your own AI assistant" on.
• To run the AI coach, only if you agree to it: to answer your questions from your training log, to check its messages for signs that you may need medical care, to apply its usage limits, to find and fix problems with it, and to improve it by analysing chats with names and contact details removed.
• To answer your requests about your data, to keep the service secure, and to comply with law.

We do not use consumer health data for advertising, we do not sell it, and we do not use it to make decisions about you that have legal or similarly significant effects. Usage analytics (described in the Privacy Policy) record that a workout happened and how long it lasted, not your heart rate or other readings. We will not collect new categories of consumer health data, or use it for new purposes, without first updating this policy and asking for your consent where the law requires it.

Where it is kept and how it is processed

On your devices and in your iCloud. Everything above that the app records or reads is stored in the app on your iPhone and Apple Watch. If iCloud sync is on, it is also synced between your devices through your private iCloud (CloudKit) database, which Apple operates under its own terms and we cannot read.

On our server, only if you ask for it. The app copies your training data to our server (a database run for us by Supabase, in the United States) only while "Connect your own AI assistant" is on or your agreement to the AI coach stands. Both are off until you act. That copy includes, for each workout, your heart-rate summaries and the series of heart-rate readings recorded during it, time in each heart-rate zone, calories, power, speed, cadence, elevation and the weather at the time, as well as your sets, notes, templates, plans and training maxes. It does not include your GPS routes or the recovery readings. Requests between the app and our server pass through Cloudflare, which hosts our server and website; its request logs record technical details such as addresses and timings. Turning the switch off and withdrawing your agreement to the coach (or signing out) deletes the copy from our live database.

The AI coach. When you send the coach a message, your message, the conversation so far, the training data the coach reads from the copy on our server, and the facts it remembers go from our server to the AI company that writes the reply. If a cloud voice is on, the text of each reply, which can quote your heart-rate and power numbers and mention pain or an injury, goes to a voice company that turns it into speech. We keep a copy of each chat on our server for the period described under "How long we keep it".

No system is perfectly secure. Information travels between the app, our server and our providers over encrypted (HTTPS) connections, and access to our database is restricted by account. Only the developer can open the parts of our database that hold coach chats, and we do not routinely read them; a person reads a chat only when you report a problem with it, a safety check flags it, or the law requires it.

Your consent, and how to withdraw it

• Apple Health. The app records and reads heart rate and the other Apple Health readings above only with the permissions you grant in the Health app, which you can change at any time there (under Sharing, in the list of apps). Recording your heart rate during a workout is part of the workout tracking you ask for when you start a workout in Acta Fit.
• The copy on our server. Nothing is copied to our server until you turn on "Connect your own AI assistant" in Account, or accept the AI coach's notice. Before you accept, that notice tells you that your logged training, including heart rate and other readings, and the words you type or say go to our server and to an AI model provider, what we keep and for how long, and that you must be 18 or older. Turn the switch off, or withdraw your agreement in Account, at any time; when both are off the copy is deleted from our live database.
• Cloud voices. The app asks separately, the first time you choose or preview a cloud voice, before any reply text goes to a voice company. You can switch to an on-device voice, which sends nothing, at any time in the coach's voice settings.
• An AI assistant you connect. You connect one by adding our connector in the assistant and approving it on our sign-in page. Remove our connector in the assistant to stop it reading your data.

We will not discriminate against you for withdrawing consent or exercising any right in this policy. Consent is never bundled into our Terms of Use.

Who receives it

Service providers that act only for us, under contract. They may use what they receive only to provide their service to us:

• Supabase (database and sign-in, United States): holds the copy of your training data and the coach's chats, remembered facts and records.
• Cloudflare (hosting): runs our server, our connector and our website, so your requests and the data in them pass through it.
• Apple: iCloud for sync between your devices, Apple Health on your devices, and Sign in with Apple, each under Apple's own terms.
• AI model providers for the AI coach, which we use or may use:
  • Anthropic, which writes the coach's replies today. Its terms with us do not allow it to train AI models on what we send. It says it deletes what we send within about 30 days, except that a chat its automated safety systems flag may be kept for up to two years, and longer where the law requires it.
  • OpenRouter, a service that passes a request to a model run by another AI company. Its terms say it does not store prompts or replies unless its customer turns logging on (we have not) and does not use them to train its own models. The company whose model answers may keep or use the request under its own terms unless the request is limited to companies that do not.
  • PrimaLabs, whose published terms say it does not store prompts, replies or tool-call arguments, only timings and token counts.
  Only the AI company that answers a given message receives that message and the training data the coach read for it. None of them receives your email address or account ID, though what you write can still identify you. A provider may keep its copy for a limited period under its own terms, for example for safety and abuse monitoring, and deleting data from Acta Fit does not by itself delete that copy.
• Voice providers for the AI coach, which we use or may use: ElevenLabs, which speaks the coach's replies today, and OpenAI. They receive only the text of a reply, which can quote your heart-rate and power numbers and mention pain or an injury. ElevenLabs keeps the text and audio of each request in its account history and publishes no fixed period for it; by default it uses content to improve its models unless its customer opts out, and we have opted out. OpenAI would receive reply text only under its terms with us.
• Analysis and support tools: we may analyse coach chats with names and contact details removed, using AI tools run by the companies above (today Anthropic's Claude), to improve the coach, and we use the same tools to sort beta feedback and investigate crash reports. The removal is automated and can miss something you wrote.
• Crash reports and usage analytics (Sentry and PostHog) are not meant to receive consumer health data: analytics carry no heart-rate values, exercise names, weights, notes or coach messages. A crash report can contain fragments of whatever the app was handling when it failed. Both are described in the Privacy Policy.

Third parties, at your direction. If you connect an AI assistant such as Claude or ChatGPT, its provider (for example Anthropic or OpenAI) receives whatever the assistant reads, including heart-rate data, and handles it under its own terms, privacy policy and your settings with it. We do not control those providers and cannot delete their copy. Likewise, workouts the app writes to Apple Health are available to any other app you have allowed to read Apple Health.

Everyone else. We do not sell consumer health data, we do not share it with advertisers or data brokers, and we have no affiliates. We may disclose it when we believe in good faith the law or legal process requires it, or to protect the rights, property or safety of users, the public or us; and as part of a merger, acquisition, financing or sale of assets, subject to this policy. We do not let any third party collect consumer health data about you across other websites or apps through Acta Fit.

How long we keep it

• On your devices and in your iCloud: until you delete it. You control it in the app, in iCloud settings and in the Health app.
• The copy on our server: while "Connect your own AI assistant" is on or your agreement to the AI coach stands; deleted from our live database when both are off, when you sign out, or when you delete your account.
• Coach chats on our server: 30 days. A job runs every day and deletes chats, the coach's tool calls and its event records older than 30 days, unless we must keep them for a legal hold. "Delete coach history" in Account deletes your chats on your phone and the facts the coach remembers; a copy of your chats may stay on our server for a limited period, and during that period we may be able to restore it if you ask. The facts the coach remembers are kept until you delete them. The record of your agreement, your usage totals and any safety flag are kept while you have an account.
• Database backups: we back up our database every night and keep each backup for a limited period, so deleted information can remain in a backup until that period ends and the backup is overwritten. During that period we may be able to restore your training and account data if you ask.
• Our providers: for the periods described under "Who receives it", under their own terms with us.
• Longer where the law requires it, or to resolve a dispute, in which case we keep the record without your name or account ID where we can.

Your rights

If you live in Washington, Nevada, Connecticut or another state with a consumer health data law, you have the right to:

• confirm and access whether we collect, share or sell your consumer health data, get a copy of it, and get a list of the third parties and affiliates we have shared it with (we share it only with AI assistants you connect, and have no affiliates) with a way to contact them;
• withdraw your consent to our collecting and sharing it;
• delete it;
• correct it (you can edit your training log in the app);
• appeal our decision on a request;
• exercise these rights free of charge at least twice a year, and without being treated differently for doing so.

In the app. Account → Export My Data gives you a copy of everything in your account on our server, including heart-rate data and the AI coach's chats and remembered facts. Account → Delete Account deletes your account and, from our live database, the copy of your training data and all AI coach information. Account → Delete coach history and the coach's "Withdraw consent" and the "Connect your own AI assistant" switch work as described above. Deleting your account does not delete your workouts on your devices, in your iCloud or in Apple Health, which you control, or copies already held by an AI assistant you connected.

By email. For anything else, or if you cannot use the app, email support@actafitapp.com from the email address on your account, or have an authorised agent do so where the law allows. We will verify that the request comes from you, usually by confirming that address, and may ask for more information if we cannot. We answer within 45 days of receiving a request; if we reasonably need more time we may extend once by 45 days, and will tell you why within the first 45 days. We act on a verified deletion request within 30 days: we delete the data from our live database and notify any service provider that still holds a copy, and a copy may stay in a backup for a limited period until that backup is overwritten, within the time the law allows.

Appeals. If we decline a request, reply to our decision or email support@actafitapp.com with "Appeal" in the subject line. We answer every appeal in writing within 45 days with our reasons. If we deny your appeal, you can complain to your state attorney general: in Washington through the Attorney General's consumer health data page, and in Nevada, Connecticut or another state through that state's Attorney General's office; our written answer will include the contact details.

Changes

If this policy changes materially, the app will point to the updated version before the change takes effect, and the effective date above will change. We will not collect new categories of consumer health data, use it for new purposes, or send it to a new kind of recipient without first disclosing that here and asking for your consent where the law requires it.

Contact

Bergie Industries LLC, 2108 N St Ste N, Sacramento, CA 95816, United States. Email support@actafitapp.com for questions and requests about consumer health data.

Acta Fit is developed by Bergie Industries LLC, a California limited liability company. Questions: support@actafitapp.com.