Privacy Policy & Terms of Service

Personal data controller

Responsible for the processing of your personal data is:

Omelchenko Sergei

E-MAIL

info@wayout.fitness

Information about personal data we collect

When you register for WAYOUT’s Services, we collect personal data from you such as: your email address, first and last name, height, weight, date of birth and gender.

When you continue using the WAYOUT Services you regularly upload personal data onto your account such as, depending on your use of the Services; your calorie intake, weight loss goal/weight gain goal, activity/diet routines, your body measurements and BMI.

When you use the WAYOUT Services, we also collect information from your device, such as, device identifiers and characteristics, app version, os version and location data.

You may also, optionally, connect WAYOUT to third party health apps and step counters, allowing us to collect and share data on calorie intake, exercise, steps taken and hydration levels with those partners.

Use of your personal data

Your privacy is important to us and we will only process your personal data in accordance with this Privacy Policy and relevant personal data regulation.

Data processing necessary to provide the Services

As a part of offering the Services to you we process your personal data that you provide us with at the time of registration, such as:

  • First and last name
  • E-mail
  • Date of birth
  • Country of residence
  • Weight
  • Height
  • Device identifier, i.e. information on what device, IP-address etc. you use to register and log on to the Services

As you continue to use the Services, you will regularly provide WAYOUT with further personal data. It follows from the nature of the Services that we must process such data that you upload to the Services to enable the Services, for example, we will process your weight data and calorie intake to enable the monitoring and presentation of your personal goals (whether it be weight loss or weight gain). This processing is necessary for us in order for us to perform our contract with you and may additionally be used for legitimate interests to improve our product.

If you connect to the Services using a Third-Party Application for authentication e.g. Apple Auth or Google Auth, WAYOUT will collect and use your personal information from such Third Party Applications such as your username, name and email address.

Similarly, if you connect your WAYOUT account with a Third Party Application for tracking your food intake, exercise, hydration, sleep, or step count data, e.g., Apple Health, Google Health Connect, WAYOUT may share or process such data with said Third Party Application to provide the requested integration. Please refer to their respective privacy policies for more information about how these third parties process your data.

  • When you grant us permissions to read your exercise, nutrition, calorie, or steps data from a third party application, we can use it to automatically populate your diary view, to include it in calculations of your calorie balance and weekly recommendations.
  • When you grant us permission to read your sleep data from a third party application, we can use it to visualize how the quality of your sleep relates to your nutrition and exercise.
  • When you grant us permission to write nutrition and hydration data to a third party application, this lets you leverage WAYOUT’s user interface and food database for tracking what you eat and drink into several systems at once.

Some of the data mentioned above, collected from you and processed by WAYOUT for certain features of the Services, is possible for us to delete and cease processing for the future if you so require, without you having to terminate your use of the entire Services, i.e., not all data (submitted over time by you to us either directly or through third-party services) is required for you to still be able to use the Services. If you want us to cease processing certain data about you under this category, we will inform about the consequences of such cease, i.e., how it will affect your use of the features of the Services.

Legal basis for processing your data

In order to provide you with WAYOUT’s app and services it is necessary to process your personal data for performing the contract to which you are a party.

We also process your data for legimate interests to improve our services and communicate with you.

With your consent, data may also be used to personalize advertising.

In addition, some data is processed to comply with legal obligations.

Profiling

WAYOUT’s Services are based on a profound knowledge of best practice with regard to health. In addition, WAYOUT analyze the usage of the Services, in order to provide you as a user with the most relevant features of the Services as possible with regard to your personal goals. In analyzing the usage of the Services, WAYOUT will process certain data for so-called profiling. Profiling means processing of your and other users’ personal data to analyze or predict aspects of your use of the Services, behavior and location in reaching your health goal. The data processed will be user habits where we will track actions taken by you such as when you move between screens, press buttons and take actions on the Services. The purposes of the profiling is to monitor how engaged users are in different features of our Services, find out ways to make the Service more effective (fit for purpose) and vary the features or content to better match your individual usage patterns and preferences.

The profiling of your data can also be used as the basis for marketing towards other new potential customers on other platforms than the WAYOUT Services, such as other social media platforms. Please note that this so called look-a-like-process of recruiting new customers does not mean that you will receive any marketing. Nor does it mean that any other third parties will gain access to your data for any other purpose than for WAYOUT to reach new customers, i.e. third party providers (for example social media) will only process your data on behalf of WAYOUT as processors, see further under transfer of data below.

Direct marketing

WAYOUT may use your personal data for profiling and direct marketing purposes via emails, notifications, or other messages, by WAYOUT or WAYOUT’s selected business partners. Profiling will be used for marketing purposes to enable personalized and relevant offers to you, based on your preferences, see more above under Profiling.

The use of personal data for direct marketing purposes will only concern such offers that have a close relation to your use of the Service and the offers will be sent to you by WAYOUT. This processing is based on a legitimate interest, on our side the interest to offer you the best possible service, on your side the possibility to be offered relevant products and services relevant to your use of the Service and for third parties to reach you with such offers.

Opt-out from direct marketing

In case you do not want WAYOUT to use your personal data for the purpose of direct marketing, you may at any time unsubscribe from any further messages by clicking the "unsubscribe" link at the bottom of such a message, or write to us at info@wayout.fitness.

In-app advertising

WAYOUT may present you with ads within the free version of the app. With your consent, your data may be used to build a profile of your interests and use such profile information to serve you more relevant ads. To users that do not consent to ads personalization, we may still serve non-personalized ads based on legitimate interests.

Cookies

WAYOUT uses cookies in order to function properly. We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device for a set period of time or until you delete them).

A cookie is a small text file which is created by the websites you visit and may contain information about you as a visitor. These text files are stored on your device and, for instance, keep you from having to remember your password. Information from cookies may be used to improve the user experience and/or the Services and to target marketing campaigns and offers to our customers.

If you do not accept cookies, you can prevent cookies from being stored on your device by declining cookies consent when prompted on the webpage. You can change your preferences at any time. In such cases, please refer to the help section of your internet browser. If you choose not to accept cookies, you can still use our Services, but their functionality may be somewhat limited.

Access, rectification and erasure of personal data

You have the right to request access to and rectification or erasure of your personal data processed by WAYOUT. If you wish to exercise these rights, please contact us at info@wayout.fitness. Alternatively, you can also erase your personal data by deleting your account via the Services.

If a request for erasure concerns data that is necessary for WAYOUT to offer the Services, such requests will have the effect that your account will be terminated at WAYOUT.

Retention and storage of your personal data

Except where you delete your account, request rectification or erasure for the relevant personal data, or opt out from processing relating to marketing, we generally store and process your personal data for as long as you are a registered user of our Services and have a user account. We will anonymize or cease storing and processing your personal data if your user account/registration is terminated, or if you request your data to be erased, unless it is necessary for us under the applicable purposes to store or process the relevant personal data for a longer time (e.g. for book-keeping purposes).

Additionally, we periodically review the need to store or delete your personal data if your account has been inactive, which usually occurs after a period of five (5) years after you have been persistently inactive on the WAYOUT Services. These periodic reviews occur in order to ensure that we do not store your personal data for a longer time than necessary, while also allowing you to return to using your account after a period of inactivity (which according to our experience can be common for some users).

Transfer of data

Personal data collected from you may be shared with third-party providers of WAYOUT that process personal data on behalf of WAYOUT; such as server hosting providers, data storage providers, companies carrying out system and sales performance monitoring, customer support systems- and payment service providers.

WAYOUT may further disclose your personal data in order to comply with a legal or regulatory obligation, if we reasonably believe that this is required by law, regulation or other legislation, or in order to protect and defend WAYOUT, our business partners or users’ rights and interests, subject always to relevant applicable personal data regulation.

Complaints

If you have any questions or complaints about our processing of your personal data, you are welcome to contact us at info@wayout.fitness.

Security of the personal data we process

The security and integrity of your personal data are important to us. In addition to complying with applicable relevant personal data regulation, we use accepted industry standards, technologies, and procedures, such as firewalls, security software, etc., in order to protect the integrity of your personal data and to prevent any unauthorized access. We also urge you to use a unique and strong password to your user account on the WAYOUT services as well as to protect such password. You should further limit access to your computer and browser and log out after having used the WAYOUT Services.

Children

If you are under the age of 13 or your country’s age of digital consent, whichever is higher, you are not allowed to submit any personal data through our Services. Further, we encourage parents and legal guardians to monitor their children’s Internet use and to help us in enforcing our Privacy Policy by instructing their children to never provide any personal data through our Service without their permission. If you become aware that a child under the age of 13 or their country’s digital age of consent has submitted personal data to us, please contact us at info@wayout.fitness.

Changes to our Privacy Policy

From time to time, it may become necessary to make changes to this Privacy Policy. Therefore, we reserve the right to update and/or modify this Privacy Policy at any time by giving notice to you. Please review this Privacy Policy frequently, and especially before you register an account with us. The date of the last modification is listed at the bottom of this Privacy Policy.

Contact

We will communicate with you by email and notices posted on your mobile device. If you do not wish to receive notices on your mobile device, you can always turn off this service. Please be aware that if you unsubscribe from our mailing list you will still be receiving answers to your questions sent to our support but you will not be receiving promotional emails.

We welcome your feedback regarding our Services. If you have any questions or suggestions regarding our Privacy Policy, please contact us at info@wayout.fitness.


The legal basis for processing personal data includes:

  • Article 24 of the Constitution of the Russian Federation;
  • Paragraphs 1 and 5 of Part 1, Article 6 of Federal Law No. 152-FZ "On Personal Data";
  • This Consent.