CONSENT OF THE LEGAL REPRESENTATIVE TO THE PROCESSING OF PERSONAL DATA OF A MINOR DATA SUBJECT BY THE MINDX 360 APP

Pursuant to Article 7(3) and Article 9(2)(a) of EU Regulation No. 2016/679 (GDPR)

1. Data Subject

(minor user of the MindX 360 application under the age of 16)

(hereinafter referred to as the „Data Subject“)

2. Legal Representative

(parent / guardian of the minor user of the MindX 360 application under the age of 16)

(hereinafter referred to as the „Representative“)

3. Subject Matter of Consent

The Representative hereby grants, on behalf of the Data Subject, a voluntary consent to MindX, s. r. o., with its registered seat at Potočná 169/85, Skalica 909 01, Company ID No.: 57 359 016 (hereinafter referred to as the „Controller“), to process personal data for the purposes of provision of information society services and account management, and specifically expressly consents to the following:

1. Processing of Special Category Sensitive Personal Data of the Data Subject Necessary for Full Functionality of the MindX 360 Application

   The Representative specifically and expressly consents to the collection and analysis of heart rate variability (HRV) data of the Data Subject for the purpose of optimising athletic training and mental resilience. This consent also encompasses the processing of audio recordings and textual feedback using AI models (LLMs) for the purpose of detecting thought patterns.

2. Profiling and Involvement of Artificial Intelligence (AI)

   The Representative specifically and expressly consents to the performance of in-depth psychological and neuroscientific profiling of the Data Subject using artificial intelligence systems for the purpose of generating a Mental Readiness Index and personalised recommendations for the trainer/coach.

3. Direct Marketing Communications

   The Representative consents to the sending of newsletters, news updates, and marketing offers of the Controller to the e-mail address of the Representative or to the address of the Data Subject.

4. Notice of the Representative’s Rights

Voluntary nature: The granting of consent is voluntary. In the event that consent under point (A) is not granted, it will not be possible to use the full functionality of the MindX 360 application or to derive maximum added value from it in connection with personalisation of the Data Subject’s status. Withholding of consent under point (B) means that the Controller will not be able to perform advanced analytics using artificial intelligence systems on the Data Subject’s data. Consequently, the MindX 360 application will not generate a Mental Readiness Index, will not be able to identify hidden trends and psychological behavioural patterns (e.g., risk of overtraining), and will not provide personalised recommendations for the training process. The application will in such case operate only in a limited mode without analytical added value.

By using and paying the fees associated with the use of the MindX 360 application, the Representative confirms that they understand its entirely voluntary nature. The granting of the above consents is not a condition for the use of and subscription to information society services provided through the MindX 360 application.

Withdrawal of Consent: The Representative is entitled to withdraw the granted consent at any time by contacting the Controller by e-mail at adam@mindx360.eu. Withdrawal of consent shall not affect the lawfulness of processing carried out prior to such withdrawal.

Retention Period: Data will be processed for the duration of the active use of the Data Subject’s account in the MindX 360 application or until the consent is withdrawn, but in any case for a maximum period as set out in the Personal Data Processing Notice.

Privacy Information: By reading this document, the Representative confirms that they have acquainted themselves with the full text of the document „Personal Data Processing Notice for Users of the MindX 360 Application“ available on the website https://mindx360.eu/app-privacy-policy/.

Verification of Consent: The Representative acknowledges that the Controller may verify the identity of the Representative (e.g., through a payment for services made from a current bank account held in the name and surname of the Representative, or by any other effective means including direct contact with the Representative by telephone or e-mail).