MX3 has updated it's Terms of Use and Privacy Policy to clarify your rights in some jurisdictions.

Terms of Use / Privacy Policy

Last updated: 1 March, 2021

When you use MX3 Diagnostics (MX3) products and services, we collect various forms of information which are used as detailed below.

By agreeing to this document, you consent to us collecting this information for these purposes and where providing information related to other individuals (e.g. clients or employees of your organization) you confirm that you have the authority to provide this information to us.

Information you provide to MX3

Account information

To create an MX3 account for use with the MX3 App or MX3 Portal you must provide some information to us, including your name, email address and password. This is the only information you must provide to create an account.

You may also choose to provide other types of information to MX3 to enable additional services. This information includes physical parameters such as height or weight, grouping classifiers such as a team or worksite designation, a mobile number, your location, or measurement notes. You may also choose to provide us with additional information as part of support services offered by MX3 or an approved MX3 Distributor.

Payment Information

Unless otherwise specified, MX3 processes any payments by credit card, bank transfer or other means via external payment service providers. In general, and unless where otherwise stated, you are requested to provide payment details and personal information directly to such payment service providers. MX3 is not involved in the collection and processing of such information: instead, we will only receive a notification by the relevant payment service provider as to whether payment has been successfully completed.

Our current payment service providers are:

Stripe (Stripe Inc)

Stripe is a payment service provided by Stripe Inc.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Square (Square Pte. Ltd.)

Square Pay is a payment service provided by Square Pty. Ltd.

Personal Data processed: various types of Data as specified in the privacy policy of the service.

Data MX3 collects when you use our services

Account setup

To create an account, we require you to provide your name and a valid email address.

Measurement information

The MX3 LAB and MX3 App collect a range of metrics including measurement data, temperature, usage information, quality control information and location (if authorised). The data collected varies depending on the software version, hardware device, firmware version and operating mode you use. When your MX3 LAB syncs with our applications or software, data recorded on the LAB is transferred to our servers.

Location information

The MX3 App and MX3 Portal may collect location data if you grant us permission. You can always remove our access using the "location tracking" option in the settings tab of the MX3 App. We may also determine your approximate location based on your IP address.

How do we collect your data

Each time you access or use the MX3 Website, App or Portal, we receive usage information. This includes information about your interaction with the Website, App or Portal, for example, when you take a measurement in App mode, log in to the portal, create a new account within your organization or modify your account information. We may also record information regarding the devices you have used to access our service such as IP address, operating system, device IDs, pages visited and location information.

Information MX3 receives from your organization

If you are part of an organization (e.g. a team or a company), information may be provided to us by an authorised representative from your organisation such as a trainer, coach or supervisor. Information supplied to the MX3 App or Portal when part of an organization is viewable by other members of your organization such as account administrators or supervisors.

If you are providing information to MX3 for other users, such as names, email addresses and measurement data, it is your responsibility to ensure that you have consent from these users to collect this information.

If you are a user within an organization and wish to access your personal information you may request this information by contacting MX3 as detailed below.

How your information is used by MX3

We use the information we collect for the following purposes:

Providing MX3 services

By collecting this information, we can provide MX3 services to you. For example, we need to use your measurement information to display measurement metrics in the MX3 App or Portal. We use your contact information to notify you of updates and provide you with customer support.

When you allow us to collect location data, we use that information to provide additional services such as weather tracking and geographical representations of your organizations data.

Improving MX3 services

We use the information we collect to improve MX3 services and to develop future products and services. For example, we use anonymised measurement data to refine our error detection algorithms.

Communicating with you or your organization's administrator

We use your contact information to notify you of service updates, such as MX3 App or MX3 LAB firmware updates, or to respond to you when you contact us.

We may also use your information to promote new features or products. You can unsubscribe from such promotional communication using the unsubscribe link at the bottom of a promotional email.

Marketing communications

MX3 would like to send you information about products and services that we think may be of interest to you.

If you have agreed to receive marketing material, you may choose to opt out at any time in the future.

How do we store your data?

MX3 stores your data on third-party cloud service providers.

MX3 Diagnostics' study data are stored using AWS RDS as part of their database as a service (DBaaS) platform. In this context, MX3Diagnostics act as the 'data controller' for any personal data about their end-users they provide to AWS in connection with their use of RDS, and AWS is, generally, a 'data processor'. This means that data is under the MX3 Diagnostics' control. MX3 Diagnostics is responsible for obligations like fulfilling an individual's rights with respect to their personal data.

These study data are stored in AWS RDS database secure via internet standard authentication measures coupled with MX3 Diagnostics' data obfuscation measures. In addition, these study data are only made available to authorised staff members / users. MX3 Diagnostics' does not share study data and is only available to MX3 Diagnostics' staff authorised to access such data.

Situations in which your information may be shared by MX3

When you agree for MX3 to share your information

We may disclose your information to others when you explicitly authorise us to do so, for example as part of a research project, collaboration, competition or marketing effort.

When you are part of an organization

If you supply us with information and are part of an organization, this data may be shared with other members of that organization, including your account administrator or supervisors. It is the responsibility of your account administrator to ensure you have consented to this information being shared and that your information is appropriately secured if exported from MX3 services.

For processing by external service providers

Your data may be used for tag management, analytics, handling payments, traffic optimization and distribution, hosting and backend infrastructure, MX3 database management, managing contacts, sending messages, contacting you, displaying content from external platforms, remarketing and behavioural targeting and advertising. For these purposes we may use external service providers.

For legal purposes

Your data may be used for legal purposes by MX3 in Court or in the stages leading to possible legal action arising from improper use of MX3 Service.

By agreeing to this document, you declare to be aware that MX3 may be required to reveal personal data upon request of public authorities.

As part of anonymised metrics

We may disclose your information publicly and to third parties once it has been appropriately aggregated or anonymised such that in cannot be reasonably used to identify you or your organization.

If we are part of a merger or acquisition

In the event of a merger or acquisition we will continue to take measures to protect the confidentiality of your information and give you notice before sharing any of your personal information.

How you can access or delete your information

By logging into the MX3 App or Portal, you can access your personal information, including your user profile with measurement data and statistics. You can also download information for external analysis and download shareable measurement reports.

You may delete your information by logging in to your MX3 account. If you choose to delete your data, it may take a period of up to thirty (30) days before the information is completely removed from our backup systems.

If your data is held as part of an organization and you are unable to access or delete your information, please contact the MX3 data controller as detailed below. We reserve the right to notify your organizations administrator if you request to have your information deleted by MX3.

Data retention

To ensure the smooth operation of your account, we retain your information until such a time as it is deleted through the MX3 App or Portal, or via direct communication with MX3. We may retain information about you and your use of our systems for as long as necessary for legitimate business interests or legal obligations.

Use of our services by children

The use of our system by children under the age 13 is not permitted without parental or guardian consent.

If you are the administrator of an organization, you declare that all this consent has been provided for all users under the age of 13. If we learn that this consent has not be provided, we will take steps to delete this data immediately.

Information security

MX3 takes appropriate security measures to prevent unauthorized access, disclosure, modification, or destruction of your information. Processing of your information is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated.

In some cases, your information may be accessible to certain types of persons in charge, involved with the operation of MX3 services (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by MX3. The updated list of these parties may be requested from the MX3 at any time.

International data transfers

Your information is processed at the MX3's operating offices and in any other places where the parties involved in the processing are located.

Depending on your location, data transfers may involve transferring your information to a country other than your own. To find out more about the place of processing of such transferred data, you can check the section containing details about the processing of Personal Data.

If you are based within the European Union, you are entitled to learn about the legal basis of data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by MX3 to safeguard your data. If any such transfer takes place, you can find out more by checking the relevant sections of this document or contacting MX3.

Cookies

Our Cookie policy may be found here.

GDPR Privacy Statement

If you are located in the EEA, UK or Switzerland please review the below statement.

Your data controller is MX3 Diagnostics. To contact us please use the information below.

Your data protection rights

MX3 would like to make sure you are fully aware of your data protection rights. You are entitled to the following:

The right to access – You have the right to request a copy of your personal data from MX3.

The right to rectification – You have the right to request that MX3 correct any information you believe is inaccurate. You also have the right to request that MX3 completes the information you believe is incomplete.

The right to erasure – You have the right to request that MX3 erase your personal data, under certain conditions.

The right to restrict processing – You have the right to request that MX3 restrict the processing of your personal data, under certain conditions.

The right to object to processing – You have the right to object to MX3’s processing of your personal data, under certain conditions.

The right to data portability – You have the right to request that MX3 transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us with the contact information detailed below.

CCPA Privacy Statement

If you are located California please review the below statement.

Your data controller is MX3 Diagnostics. To contact us please use the information below.

The information we collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). The information we collect and how we use this information is detailed above. In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Identifiers such as your name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e) such as your name, address, telephone number, and employment information (if disclosed by your employer).
Protected classification characteristics under California or federal law such as your age or gender.
Commercial information such as your payment information and records of the Services or devices you purchased, obtained.
Biometric information, such as your hydration measurement data and other information to which you grant us access from another service.
Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services.
Geolocation data, including GPS signals or IP derived locations if you have granted us access to that information.
Electronic, visual, or similar information, such as your profile photo or other photos.
Professional or employment related information, including any information (like your name, email address, or similar information) that your employer provides to us as part of an MX3 organization.
Other information that you provide, including measurement notes.
Inferences drawn from any of the above.

Your data protection rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your request, we will disclose to you:

The categories of personal information we have collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Changes to this policy

MX3 reserves the right to make changes to this privacy policy at any time by notifying you in the MX3 App, Website or Portal or - as far as technically and legally feasible - sending a notice to you via any contact information available to MX3.

Should the changes affect processing activities performed based on your consent, MX3 shall collect new consent from you.

How to contact us

Owner and Data Controller: MX3 Diagnostics, Austin, TX

Owner contact email: support@mx3diagnostics.com

If you have questions about this policy, please contact our Data Protection Officer at a data-protection@mx3diagnostics.com

How to contact the appropriate authority

Should you wish to report a complaint or if you feel MX3 has not addressed you concern in a satisfactory manner, you may contact the Information Commissioner’s Office.