Masimo Services General Privacy Policy
Last Updated: September 2022
We, Masimo, provide this Masimo Services General Privacy Notice to explain how we collect, use, disclose and otherwise process your personal information when you attend our events or use our websites or online applications (collectively, “Masimo Services”), and rights you may have under applicable data privacy and protection laws. However, if you use any of the following Masimo Services, please instead refer to its privacy notice for information on how we process personal information you provide through that Masimo Service:
- Masimo Radius T°TM — We do not process any personal information from users of this product
- Masimo SafetyNet AlertTM — Masimo SafetyNet Alert Privacy Notice https://masimo-personal-health-saudi-dev.myshopify.com/pages/masimo-safetynettm-alert-privacy-notice
- Masimo SleepTM — We do not process any personal information from users of this product
We use the term “personal information” or “personal data” to mean any information relating to an identified or identifiable natural person. If you are located in the European Economic Area, United Kingdom, Switzerland or Turkey, “Masimo” refers to Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria. If you are located in other jurisdictions, “Masimo” refers to Masimo Americas, Inc. 52 Discovery, Irvine, 92618, USA.
TABLE OF CONTENTS
- WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT?
- HOW DO WE COLLECT YOUR INFORMATION?
- HOW DO WE USE YOUR INFORMATION?
- COOKIES/ TRACKERS
- TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?
- HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?
- CHILDREN
- SECURITY
- YOUR RIGHTS
- CROSS BORDER DATA TRANSFERS
- EFFECT OF THIS PRIVACY NOTICE; CHANGES
- CONTACT US
JURISDICTION-SPECIFIC DISCLOSURES
1. IF YOU ARE IN THE EUROPEAN ECONOMIC AREA (EEA), THE UNITED KINGDOM (UK) AND SWITZERLAND
What laws apply?
Who is the data controller?
What legal bases of processing does Masimo rely on?
Where is your personal data processed and on what basis do we transfer personal data across borders?
Do you have to provide personal data?
Your Rights
2. IF YOU ARE IN TURKEY
What laws apply?
Who is the data controller?
What legal bases of processing does Masimo rely on?
Where is your personal data processed and on what basis do we transfer personal data across borders?
Your Rights
1. WHAT TYPES OF PERSONAL INFORMATION DO WE COLLECT?
Depending on what Masimo Services you use and how you use them, we may collect the following types of personal information about you, which we have grouped together as follows:
- Identifying Information. We may ask you to provide information that identifies you when you sign up for or wish to use certain Masimo Services. This information includes your name, unique personal identifier, mailing address, email address, telephone number, account password and the name of your organization.
- Purchase and Customer Service Information. If you wish to make a purchase order for Masimo products or services through a Masimo Service or seek customer service from us, we collect your name, payment information, billing address, shipping address, and information about the products or services you purchased from us, how you used them, and the details of your customer service requests.
- Social Media Information. When you post on or interact with our social media pages, we collect the information that you submit on our social media pages and the information that you make publicly available on the profile through which you submitted such information.
- Event Information.We ask you to provide information to attend an event that we organize. This information includes your Identifying Information, the sessions of the event you attend, and any information you provide regarding accommodations you request from us.
- Marketing Settings. This refers to your preferences in receiving marketing communications from us, including via email, phone calls, other electronic or wireless communications and targeted online advertisements.
- Information You Give Us. When you voluntarily give us your information, such as by contacting us through our website’s “Contact Us” feature or submitting feedback or reviews to us, we collect the information that you provide.
- Device and Technical Information. We automatically collect information about the devices of users of Masimo Services and the manner in which they use Masimo Services. This information includes the type of device you use to access Masimo Services, device identification number, IP address, Internet Service Provider, location data, mobile operating system, pages viewed, links clicked, and other activities, interactions, and preferences relating to your use of Masimo Services.
We refer to the above groups of personal information by their respective sub-heading (e.g., Identifying Information) throughout this Privacy Notice.
2. HOW DO WE COLLECT YOUR INFORMATION?
- Directly From You. We collect Identifying Information, Purchase and Customer Service Information, Event Information and Information You Give Us directly from you when you use, interact with, or submit information through Masimo Services or otherwise directly provide it to us.
- Social Media Platforms. We collect Social Media Information from the social media platform that you use to interact with our social media pages.
- Automatically. We automatically collect Device and Technical Information when you access, visit, install, navigate through, interact with, or otherwise use Masimo Services.
- Online Advertising Networks. If you consent to our use of cookies and other tracking technologies, we collect your Identifying Information from online advertising networks that may have this information. For more information, refer to Section 4 below.
- Event Organizers. If you attend an event that Masimo sponsors, you may have an opportunity to consent to the disclosure of your name, contact details and company information by the event organizer to Masimo, in which case we collect such information if you provide that consent.
- Third-Party Publishers of Information about Masimo. Masimo engages various third-party publishers to create or publish articles and other content about Masimo products and services. When you access such content on these third-party publishers’ platforms, you may have an opportunity to consent to the disclosure of your name, contact details and company information by the publisher to Masimo, in which case we collect such information if you provide that consent.
3. HOW DO WE USE YOUR INFORMATION?
We have set out below a description of the purposes for which we may use personal information. For each purpose, we identify the groups of personal information we use for that purpose.
Purposes of Use |
Group of Personal Information Concerned |
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To manage our relationship with you which includes:
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To send and tailor our marketing communications to you |
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To interact with you on social media |
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To administer an event that you sign up to attend |
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To ensure the security of Masimo Services, maintain and support Masimo Services, analyze the performance of Masimo Services, fix errors and troubleshoot issues |
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To improve our products, services, events and offerings |
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If we take steps to enter into a reorganization, restructuring, merger, acquisition or transfer of assets (“Business Transfer”), we may also use your personal information to give effect to that Business Transfer. We will only do so in compliance with applicable law.
4. COOKIES/ TRACKERS
We use cookies, pixel tags, web beacons and other tracking technologies on Masimo Services to collect Device and Technical Information, which we use for the purposes described in Section 3 above. For more information on our use of these technologies, you may view Masimo’s cookie notice here.
5. TO WHOM DO WE DISCLOSE YOUR PERSONAL INFORMATION?
We may disclose your personal information to the following categories of third parties.
- Our Service Providers, Including Our Affiliates and Subsidiaries: We may transfer your personal information to our service providers, some of which may include our affiliates and subsidiaries, as necessary for them to provide services to us in connection with our fulfilment of the purpose set out above. We rely on service providers to host and maintain the Masimo Services, develop and operate the Masimo Services, perform backup and storage services, process payments, collect debts, provide customer service, transmit communications, deliver products, organize events, and perform security and analytics services. Our service providers are located and process personal information in the following countries: Switzerland, France, Germany, Ireland, Canada and the United States. Therefore, your personal information may be transferred out of the Kingdom of Saudi Arabia to these countries.
- Government Agencies, Regulators and Professional Advisors: Where required by applicable law, we may disclose your personal information to government agencies and regulators (e.g., tax authorities, courts, and government authorities) to comply with our legal obligations, and to external professional advisors as necessary to defend and advance our legal interests. Where permitted by applicable law, we will provide you with advance notice before doing so.
- Organizations Involved in Business Transfers: In the event of a Business Transfer, we expect that the information that we have collected, including personal information, will be transferred to the surviving entity in a merger or the acquiring entity. Such information will be transferred in accordance with applicable law.
- With Your Consent. There may be occasions where we will seek your specific consent to disclose your information. In these cases, we will describe the purpose of the disclosure before seeking your consent to disclose your information in the way described.
6. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?
In general, we store personal data only for as long as is necessary to fulfil the purpose for which we collected it (the“General Retention Period”), except in the following situations: (1) where applicable laws require us to retain your personal data for a legally prescribed period beyond the General Retention Period. In these cases, we will keep that personal data for the legally prescribed time before deleting it; (2) where your personal data is relevant to potential legal claim(s) by or against us. In these cases, we will keep that personal data for as long as the legal claim(s) can be made or, if it has been made, for as long as the personal data is relevant to the resolution of the claim(s) or any appeal thereto; (3) if we are instructed by a court order, subpoena, or other legal directive to retain your personal data; and (4) we will retain your personal data for a reasonable period of time necessary for us to verify the purposes for which we collected your data no longer apply and to delete the data following such verification. Deletion will involve either physical destruction or permanent deletion from Masimo systems. If any of these exceptions apply to certain personal data, we will retain personal data for as long as either exception applies. For additional information about how long we retain your personal data specifically, please email privacy@masimo.com.
7. CHILDREN
Masimo Services are not directed at children under the age of 13. Children may only use Masimo’s hardware products on the instructions, under the supervision, and with the consent, of their healthcare providers and parent or legal guardian.
8. SECURITY
We work to protect the security of your personal information by using organizational, technical, and administrative measures such as encryption of data in transit, configuring internal access controls on the basis of the least privilege principle, and background checks of our employees and contractors. However, we encourage you to use caution at all times. If you have reason to believe that your personal information has been compromised, please contact us immediately.
9. YOUR RIGHTS
You may have rights under applicable data privacy and protection laws, which may include to access, review, modify or delete the personal information we hold about you. To submit a request to exercise any rights you may have under applicable privacy laws, please contact us using the contact details under “Contact Us” below and clearly describe your request. If you have rights under applicable privacy laws and your request complies with the requirements under such laws, we will give effect to your rights and respond within any mandatory timeframes as required by law.
10. CROSS BORDER DATA TRANSFERS
Masimo operates Masimo Services with the assistance of affiliated and unaffiliated service providers/processors and from time to time, if it is necessary for example for troubleshooting, in the United States and countries in the EEA (please see Section 5 above). We take measures to ensure that service providers/processors meet the requirements for data protection and transfer as required under the Personal Data Protection Law, including through appropriate data transfer agreements, and performing data protection and transfer risk assessments of data transfer arrangements as appropriate.
11. EFFECT OF THIS PRIVACY NOTICE; CHANGES
This Privacy Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal information by us. We may revise this Privacy Notice from time to time by making the revised document available through the Masimo Services and updating the “last updated” date above. We will also obtain consent from you where consent is required by applicable law before processing your personal information for any purpose incompatible with the purposes set forth in prior versions of this Privacy Notice.
12. CONTACT US
To exercise your rights under applicable data privacy and protection laws, or if you have any questions about the information in this Privacy Notice, please contact us using the following contact details. Masimo Attn: Data protection team 52 Discovery Irvine, CA 92618 Email: Privacy@masimo.com Our toll-free number if you are in the USA: 844-820-6576.You may also configure your choices regarding the types of marketing communications you would like to receive from us by clicking on our communications “Preferences” portal accessible via a web link in our communications.
JURISDICTION-SPECIFIC DISCLOSURES
In these Jurisdiction-Specific Disclosures, we provide (i) additional information related to rights you may have under the applicable privacy laws of your jurisdiction; and (ii) disclosures required by the privacy laws of that specific jurisdiction.
1. IF YOU ARE IN THE EUROPEAN ECONOMIC AREA (EEA), THE UNITED KINGDOM (UK) AND SWITZERLAND What laws apply?
- If you are in the EEA, the EU General Data Protection Regulation applies to the processing of your personal data.
- If you are in the UK, the UK General Data Protection Regulation applies to the processing of your personal data.
- References to the “GDPR” are references to the General Data Protection Regulation as it applies in the country where you are located.
- If you are in Switzerland, the provisions of the Swiss Federal Data Protection Act (the “FDPA”) apply to you.
- References to the GDPR below shall be interpreted analogously for the purposes of applying the FDPA.
- If we use a term that the GDPR defines in this section for users in the EEA, UK and Switzerland, the term has the same meaning as under the GDPR.
Who is the data controller?
Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria. You can contact its data protection officer at privacy@masimo.com. Its UK GDPR representative is Masimo Europe Limited, Matrix House, Basing View, Basingstoke - Hampshire RG21 4DZ.
What legal bases of processing does Masimo rely on?
We rely on the following legal bases to process yourpersonal data, as appropriate:
- Necessary for us to perform a contract with you or take steps at your request prior to entering into a contract per Article 6(1)(b) GDPR (“Contract Performance Legal Basis”);
- Necessary for us to comply with an applicable legal obligation per Article 6(1)(c) GDPR (“Legal Obligations Legal Basis”);
- Necessary for us to realize a legitimate interest based on an assessment of that interest and your privacy and other fundamental interests per Article 6(1)(f) GDPR (“Legitimate Interest Legal Basis”); or
- According to your consent per Article 6(1)(a) GDPR (“Consent Legal Basis”). In these cases, you can withdraw your consent at any time with future effect.
More information is provided below. For additional details regarding the lawful bases of processing your personal data specifically, please contact privacy@masimo.com.
Purposes of Use or Disclosure |
Legal Basis and Legitimate Interest |
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To manage our relationship with you which includes:
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To send and tailor our marketing communications to you |
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To interact with you on social media |
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To administer an event that you sign up to attend |
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To ensure the security of Masimo Services, maintain and support Masimo Services, analyze the performance of Masimo Services, fix errors and troubleshoot issues |
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To improve our products, services, events and offerings
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To give effect to a Business Transfer |
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Where is your personal data processed and on what basis do we transfer personal data across borders?
Masimo operates Masimo Services with the assistance of affiliated and unaffiliated service providers in the European Economic Area (Frankfurt, Paris and Dublin) and from time to time, if it is necessary for example for troubleshooting, in the United States. We take measures to ensure that service providers in the United States provide an adequate level of data protection by entering into appropriate data transfer agreements based on Standard Contractual Clauses and performing data protection assessments of data transfer arrangements as appropriate. Data transfer agreements are accessible upon request by contacting us at the details shown further above.
Do you have to provide personal data?
There is no law or contract stating that individuals in the EEA, UK or Switzerland must use Masimo Services. We ask you to provide Identifying Information so that we may provide certain Masimo Services or information that you request; in these cases, we cannot provide you with the requested account, information, or services unless you provide such Identifying Information. If you would like to purchase any products or services from us through the Masimo Services or receive our customer services, we require your Purchase and Customer Service Information to provide these offerings to you. If you would like to interact with our social media pages, we require your Social Media Information to provide a response on that social media platform. If you would like to attend one of our events, we require your Event Information to allow you to register and provide you with requested accommodations. You do not have to consent to receive our marketing communications, but we record your Marketing Settings to comply with applicable data protection and anti-spam laws. You are not required to provide Information You Give Us and there is no consequence to withholding this information. If you do not allow us to collect Device and Technical Information, some of our Masimo Services may not work properly or be as tailored to you as they could otherwise be, but they will still generally be usable.
Your Rights
In the EEA, Switzerland, and the UK you have the following rights, subject to the conditions under the GDPR and/or local data protection law:
(a) To object to the processing of your personal data by us on grounds relating to your specific situation. This includes the right to object to our processing of your personal data for direct marketing and the right to object to our processing of your personal data where we are performing a task in the public interest or pursuing our legitimate interests or those of a third party. If we process your personal data based on our legitimate interests or those of a third party, or in the public interest, you can object to this processing, and we will cease processing your personal data, unless the processing is based on compelling legitimate grounds or is needed for legal reasons. Where we use your personal data for direct marketing for our own products and services, you can always object and opt out of future marketing messages using the unsubscribe link in such communications.
(b) To obtain from us confirmation as to whether your personal data is being processed, and, where that is the case, to request access to details about how we process your personal data and copies of the personal data.
(c) To obtain from us the rectification of inaccurate personal data concerning you.
(d) To ask us to erase your personal data to the extent it is not required for legally required purposes.
(e) To request restriction of processing of your personal data, in which case, it would be marked and processed by us only for certain purposes.
(f) To receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit the personal data to another entity without hindrance from us.
(g) To lodge a complaint with a supervisory authority (only for EEA and UK).
(h) In some jurisdictions such as France and Portugal, you also have the right to provide Masimo with guidelines as to the processing of your personal data after your death.
You may view a list of supervisory authorities in the EEA, UK and Switzerland and their respective contact information here:
Jurisdiction |
Data protection authority’s website |
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EEA United Kingdom Switzerland |
https://edpb.europa.eu/about-edpb/board/members_en https://ico.org.uk/global/contact-us/ https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html |
You can exercise your rights by contacting our Data Protection Officer via email at privacy@masimo.com or by mail at Masimo Österreich GmbH, Attn: Data Protection Officer, Mariahilfer Straße 136, 1150 Vienna, Austria.
2. IF YOU ARE IN TURKEY
What laws apply?
Turkey’s Law No. 6698 on Protection of Personal Data (the “KVKK” ). If we use a term that the KVKK defines in this section for users in Turkey, the term has the same meaning as under the KVKK.
Who is the data controller?
Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria. You can contact its data protection officer at privacy@masimo.com.
What legal bases of processing does Masimo rely on?
We rely on the following legal bases to process your personal data, as appropriate:
- Necessary for us to perform a contract with you or take steps at your request prior to entering into a contract per Article 5(2)(c) KVKK (“Contract Performance Legal Basis”);
- Necessary for us to comply with an applicable legal obligation per Article 5(2)(ç) KVKK (“Legal Obligations Legal Basis”);
- Necessary for us to realize a legitimate interest based on an assessment of that interest and your privacy and other fundamental interests Article 5(2)(f) KVKK (“Legitimate Interest Legal Basis”); or
- According to your consent (“Consent Legal Basis”). In these cases, you can withdraw your consent at any time with future effect.
More information is provided below. For additional details regarding the lawful bases of processing your personal data specifically, please contact privacy@masimo.com.
Purposes of Use or Disclosure |
Legal Basis and Legitimate Interest |
|---|---|
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To manage our relationship with you which includes:
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To send and tailor our marketing communications to you |
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To interact with you on social media |
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To administer an event that you sign up to attend |
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To ensure the security of Masimo Services, maintain and support Masimo Services, analyze the performance of Masimo Services, fix errors and troubleshoot issues |
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To improve our products, services, events and offerings |
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To give effect to a Business Transfer |
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Where is your personal data processed and on what basis do we transfer personal data across borders?
Masimo operates Masimo Services with the assistance of affiliated and unaffiliated service providers in the European Economic Area (Frankfurt, Paris and Dublin) and from time to time, if it is necessary for example for troubleshooting, in the United States. We take measures to ensure that service providers provide an adequate level of data protection by entering into appropriate data transfer agreements.
Your Rights
In Turkey, you have the following rights, subject to the conditions under the KVKK:
(a) To obtain from us confirmation as to whether your personal data is being processed, and, where that is the case, to request access to details about how we process your personal data and copies of the personal data.
(b) To request correction of the personal data if the data is processed incompletely or inaccurately.
(c) To request deletion or destruction of the personal data when purposes of processing cease to exist.
(d) To request notifying third persons to whom the personal data is transferred, about deletion and correction.
(e) To object to negative consequences about you that are concluded as a result of analysis of the processed personal data by solely automatic means.
(f) To request for indemnification if you suffered damage because of illegal processing of your personal data.
You can exercise your rights by contacting our Data Protection Officer via email at privacy@masimo.com or by mail at Masimo Österreich GmbH, Attn: Data Protection Officer, Mariahilfer Straße 136, 1150 Vienna, Austria.