Consent declaration for the processing of health data (Art. 9(2)(a) GDPR)

Version: 2026-08-24
Effective Date: August 24, 2026

The German version of this document is the authoritative version; this English translation is provided for convenience.

What is this document for?

Coaching data is predominantly health data and therefore a special category of personal data (Art. 9(1) GDPR). Processing it is prohibited in principle and permitted only where — in addition to the general legal basis — an exception under Art. 9(2) GDPR applies. For this, Gain relies exclusively on your explicit consent under Art. 9(2)(a) GDPR.

That consent is obtained in the App during onboarding — on a screen of its own, separate from acceptance of the terms of use and separate from any other declaration. This document publishes the wording of that consent declaration in version 2026-08-24, so that you can read it at any time, independently of the App.

Every consent given is documented in a demonstrable manner together with the wording of the respective version, the version identifier (here: 2026-08-24) and a timestamp (Art. 7(1) GDPR). If the wording changes, it receives a new version identifier; consents already given remain associated with the version under which they were given. This address always publishes the version currently in force. We will provide you with the wording of the version your own consent relates to on request to privacy@gain-app.com.

Consent text in the App (version 2026-08-24)

The text between the two markers below is displayed verbatim in the App, identically on every platform. It uses the informal, personal form of address used throughout the App; the rest of this document keeps the formal register. The scope of the consent is determined by this text alone.

— Start of the consent text —

Consent to processing your health data

Coaching data is health data — a special category of personal data under Art. 9(1) GDPR. We may only process it with your explicit consent under Art. 9(2)(a) GDPR. Without this consent we do not process your health data, and the coaching features of the app cannot be provided.

I expressly consent to Gain processing the following health data about me for the purpose of training and nutrition coaching:

• Body data: weight and measurements
• Nutrition: meals, foods and macros
• Steps and activity
• Sleep
• Training logs: exercises, sets, weights and form videos
• Check-ins, including the photos and videos you upload
• Your anamnesis (intake questionnaire)
• The content of your messages with your coach

Your coach

The consent also covers access to this data by the coach linked to you — exclusively within the features of the Platform and exclusively for coaching purposes, so they can deliver your coaching. If you use Gain without a coach, this section does not apply.

Data from before

The consent also covers historical data your coach provides, including data imported from previous tools such as spreadsheets. That data is only imported and processed after you have given this consent.

You can withdraw at any time

You can withdraw this consent at any time with effect for the future — in the app under Account, or by email to privacy@gain-app.com. Withdrawing is as easy as giving consent. If you withdraw, your health data is frozen and hidden, your coach is notified and loses access, and the App is available to you only to a limited extent — your account and support remain reachable, the coaching features do not. Processing carried out before the withdrawal remains lawful, and you can delete your account and all your data at any time.

This consent is voluntary and separate from every other declaration. Sharing health data from your device (Apple Health or Health Connect) is a different permission that you grant and revoke separately.

— End of the consent text —

Below this text the screen shows two buttons, "Read the full Privacy Policy" and "I consent". This note describes the screen and is not itself part of the text displayed.

Mapping to the data categories in the privacy policy

The consent text names the categories of data in everyday language. The Privacy Policy for Athletes at https://gain-app.com/en/privacy/athlete organises the same data into eight legal categories in section 2.2. Both lists describe the same scope — they simply cut it differently. The table below sets out the mapping:

All eight categories under section 2.2 — Training data, Nutrition data, Tracking data, Check-in data, Anamnesis data, Form check media, Imported historical data and Messages — are therefore fully covered by the consent. There is no category under section 2.2 that is processed outside this consent.

Data from device integrations. The consent additionally extends to the health data you record yourself under section 4.2, and to health data you transfer to the Platform through a device integration (Apple Health/HealthKit on iOS, Google Health Connect on Android) under section 4.3. The consent text notes that sharing that data in your device's system settings is a separate permission, revocable independently — that concerns the sharing, not the processing that follows: once transferred, this data is subject to the same consent and falls into the same categories as above.

Notes (not part of the consent)

The following points explain the context of the consent. They are not part of the declaration you agree to in the App; the text reproduced above governs.

• Its own screen, nothing pre-selected. The consent is obtained on a screen of its own, separate from acceptance of the terms of use and separate from any other declaration. There is no pre-ticked box and no way to consent by scrolling past — the only way forward is the explicit confirmation "I consent".
• Joint controllership. Where a coach linked to you accesses this data, Gain and your Coach are joint controllers for the coaching data within the meaning of Art. 26 GDPR. The allocation of obligations is described in section 3 of the Privacy Policy for Athletes and in the Joint Controller Agreement. If you use the Platform without a coach, Gain is the sole controller and the "Your coach" section does not apply.
• Information before the import. Independently of this consent, your Coach is obliged to inform you about the transfer before importing historical data (section 5 of the Privacy Policy for Athletes). Gain provides a template notice for this purpose.
• The Coach's role. The Coach does not obtain consent on Gain's behalf. In the Platform, the Coach can only view the consent status.
• Freezing is not erasure. A withdrawal initially results in the data being frozen, not yet permanently erased. Permanent erasure follows the account deletion route at https://gain-app.com/en/account-deletion or the expiry of the retention periods set out in section 11 of the privacy policy; you may also request erasure directly.
• The Coach's obligations after a withdrawal. After a withdrawal your Coach is notified and is contractually obliged to cease any further processing of the data concerned without undue delay — including copies and extracts held outside the Platform.
• Distinction from other consents. This consent must be distinguished from the device health data permission referred to in the consent text (Apple Health/HealthKit on iOS, Google Health Connect on Android) in your device's system settings, the consent to push notifications, and the cookie consent on our website. Each of these can be granted and withdrawn independently of the others.
• Related documents: Privacy Policy for Athletes · Joint Controller Agreement (Art. 26 GDPR) · Template data migration notice · Terms of Use for Athletes · Account deletion

Changelog

Gain. Fitness GmbH
Kelchweg 3
8048 Zurich
Switzerland

privacy@gain-app.com