Privacy Policy

in force from 01.02.2021

MX Labs OÜ (hereinafter: “MX Labs", "us", "our" or "we") is protecting the privacy rights of our users ("users" or "you").  This Privacy Policy (hereinafter: "Policy") lays out the rules or processing (i.e. collecting, storing, using, and managing) users personal information, and data that you provide or we collect in connection with any of: software application entitled Heart Monitor and/or any services provided by MX Labs which are connected with using such application (we shall refer to all these as “Services” in this document). We shall refer to all the personal data and information you provide to us or we collect as “Data” in this document. 

All use of Services in respect of handling the Data is governed by this Privacy Policy and by using or accessing the Services you give consent to the processing, use and disclosure of your data. Please do not install or use the Services if you do not agree to this Privacy Policy. 

Not all of the Data processing described herein will apply to you, as there may be differences in processing practices in respect of some of our Services (e.g. not all Services include social network features). 

Why are we processing your Data?

We may process your Data under the following legal basis:

  • To perform under a contract you enter into with MX Labs which allow you to use the Services (please check the Terms of Service It is the basis of processing when we make the Services available to you, provide customer support, integrate our Services with your devices and distribution platforms such as Apple iOS and Google Android and inform you of the Services related changes and game progress.
  • To pursue our legitimate interests such as engineering, performing analysis of user behaviour for future improvement of our apps and user experience as well as obtaining revenues from your use of Services (direct payments as well as revenues from advertisement) and successful marketing of our Services.
  • To perform our legal obligations to process the Data, e.g. prevention of frauds or maintaining tax records. 
  • To enable to use the Services and to provide you with outcomes of the Services which include measurements based on the data you provide us with. In this case, we may process such data only basing on your explicit consent which you provide us with during the process of registering your user account. 

When the processing is not covered by the agreements, you provide your consent to such processing, when applicable.

In general, the Data is essential to allow use of Services by end users. The Data serves several specific purposes which are described both in this Policy as well as in other documents disclosed to you, such as Terms of Service which you have entered into by using our Services. In particular, your Data may be used to:

  • Operate and improve our Services;
  • Understand you and your preferences to enhance your experience and enjoyment using our Services;
  • Respond to your comments and questions and provide customer service;
  • Provide and deliver products and services you request, in particular provide you with some of the functionalities of the Services which are explicitly based on analysis of the Data you provide us with;
  • Send you related information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages (if applicable);
  • Communicate with you about promotions, rewards, upcoming events, and other news about products and services offered by MX Labs and our selected partners;
  • Conduct marketing; 
  • Link or combine it with other information we get from third parties, to help understand your preferences and provide you with services better fitting your expectations;
  • Allow statistical analysis of users’ preferences and behaviour and adjust our Services to your preferences based on such analysis.

We shall process your Data as long as you are using our Services, however some data may be stored after that period for technical, marketing and statistical purposes. No Data shall be stored if it was processed upon your consent and you have withdrew such consent or explicitly expressed an objection to such processing. 

What Data are we processing and how do we collect it?

There are some Data which you provide to us voluntarily, such as Data required to register an account, to subscribe to marketing communication or to request help from our support. Such Data include your name, email address and other contact details and in case of registering your account: age, gender, height, weight and information related to your wellness and lifestyle.

Some of the Data may be acquired by proper use of the Services. This Data include: your facial images and video captured through supported mobile device cameras for the purpose of analysing your facial blood flow, vital signs and other facial features. Such Data is used to provide you with status measurements such as heart rate, blood pressure, PRV and other vital signs. Such measurements are also Data which are further analysed using the Data you provided us with during the registration process. Such Data may be considered a special category Data and it can be processed only upon your consent which you express during the account registry process. 

Other Data is collected automatically from you, your device and other services your are using. Such Data include:

  • Mobile device identifiers (such as your unique device ID (persistent/non-persistent, hardware type, international mobile equipment identity ("IMEI");
  • Your communications within the Services;
  • Data and analytics about your use of our Services;
  • Your IP address and device identifiers such as your Advertising ID, Device ID numbers;
  • Your device type and the operating system that you use;
  • Broad geographic location (e.g. country or city-level location) based on your IP address;
  • GPS location (if you provide your consent to provide us with such Data).

Not all of such data is immediately considered to be personal data under applicable laws, however it may be regarded as such if it allows to identify you in connection with other information. 

The Data which is collected automatically is necessary for us to operate the Services. If you wish such Data not to be collected, you should not install or use our Services. If you already did, please refer to Can you influence processing of your Data? section below.
We also may receive some of your Data from Social Network Services you participate in, especially when you connect to our Services using your account registered in some of such Social Network Services (e.g. Facebook). Such Data include:

  • your username;
  • profile picture;
  • age range;
  • gender;
  • your friends using the same Services.

We may receive some of your Data from other third parties, in particular when you decided to connect the Services with other applications. 

Our Services may contain third party tracking and data collection and analytics tools from our service providers. Such third parties may use cookies, APIs, and SDKs in our Services to enable them to collect and analyse user and device related data and information on our behalf. The third parties may have access to and collect data and information about you, such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, IP address, application usage, access and session times, applications present on the device or in use at a particular time on the device.    

The privacy policies of our service providers may include additional terms and disclosures regarding their data collection and use practices and tracking technologies, and we strongly advise you to check such privacy policies to learn more about their data collection and use practices, or use of tracking technologies. 

In no instance we process any special categories of information, such as information on your race, religion, political opinions or philosophical beliefs, sexual preferences or orientation or any information of similar categories. We do not require you to provide us such information and we do not collect it automatically. 

When we collect some of the Data we do not know the age of the User. Use of the Service is prohibited for users who are under 18 (eighteen) years old. If we learn that we had inadvertently gathered Data from a younger user, we will take reasonable measures to promptly erase such personal information from our records.

Who may access your Data?

Within our organization your Data shall be disclosed only to our personnel which needs to know such Data for carrying out their work and shall be subject to strict rules. We may disclose your Data to our affiliates (companies controlled by MX Labs) and their personnel. 

Apart from that, third parties (such as providers of other applications and/or services) may access your data as described in this Policy. Such third parties may be located outside the European Union or the European Economic Area, in particular United States of America in accordance with applicable legislation and this Policy.  

We may use third parties to collect and process personal data on our behalf and in according to our instructions. We are not liable for the acts and omissions of these third parties, except as provided by law provisions.

Can you influence processing of your Data?

At any time you may request us to have access to your Data. You may request the Data to be corrected. You may also request to erase your Data, restrict the processing of your Data or object to such processing. If we process your Data basing on your consent, you may withdraw such consent at any time. 

Please pay attention however, that erasure of all your data may be technically impossible if such data is connected with your accounts in other services, in particular Social Network Services and mobile platform operators.

Also keep in mind, that use of the Services requires your Data to be processed as described herein. If you do not accept processing of your Data, you should cease using the Services. The data you provide is necessary to perform the agreements you enter into with MX Labs which allow you to use the Services. If you object to processing of your Data, request the Data to be erased or request that we stop processing your Data, as a result you may not be (depending on the type of Data and the type of Services) able to use the Services. 

If you withdraw your consent to processing of certain Data, you may not be able to use full functionality of the Services or even may not be able to use the Services at all. 

Your Data may be portable upon your request, however possibility of transfer may technically limited. 

If you consider your rights to be violated or your Data processing rules infringed, you are entitled to file a complaint with relevant supervisory authority. You may lodge a complaint with any other personal data protection authority in a European Union member state. 

Controller of the Data is MX Labs OÜ. You can contact us at MX Labs is not considered to be the controller of your Data, if it is collected by third parties under their privacy policies. We recommend you to check such policies, in particular in respect of your use of any Social Network Services, where you provide the most of your Data, which is then transferred elsewhere. 

All requests concerning your Data should be sent to: