MASIMO PRIVACY NOTICE
Last Updated: March 23, 2020
Masimo Corporation and its affiliates (collectively, “Masimo”) want you to know how your personal information is collected, used, and disclosed by us. This Privacy Notice describes how your information is collected through our websites, services, products, and applications (collectively, “Masimo Services”) and how it is used by us and to whom we may disclose it and for what purpose. This Privacy Notice does not apply to any personal information that is collected by or through a third party, such as those that purchase or use our medical devices, even if that party used the Masimo Services to collect the information. By using the Masimo Services, you agree to the terms of this Privacy Notice.
Table of Contents
- Types of Information We Collect
- How We Collect Your Information
- How We Use Your Information
- How We Share Your Information
- Children Under 16
- Transferring Data Across Borders and Storage of Information
- Access to Data
- Links to Other Websites
- Personal Information Retention
- Sensitive Information
- Privacy Shield
- Opt-Out of Emails or Other Communications
Privacy Notice for California Consumers
- Personal Information We Collect and How We Use and Share It
- Sale of Personal Information
- Your Rights and Choices
- Right to Access Information and Data Portability
- Rights to Deletion
- Exercising Your Rights
- Timing and Format
- Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
- Authorized Agent
- EEA Supplemental Data Protection Law Disclosures
Depending on your relationship with us, including whether you visit any of our websites, purchase or use certain of our products or services, visit us, or go to our events, Masimo may collect various types of information from you and about you. Below is a list of information that we may collect from you depending on the situation:
- Identifying Information. Examples of this information include your name, unique personal identifier, mailing address, email address, and telephone number.
- Health Information. Examples of this include, depending on your settings in, for example, one of Masimo’s health related application installed on your smart device, information about your weight, height, oxygen saturation, pulse rate, or other health related data you enter into the application or permit the application to access from other applications installed on your smart device.
- Social Media Information. This information includes what you post on our social media pages.
- Event Information. Examples of this include your professional information, like where you work, professional contact information, or dietary preferences for a Masimo sponsored event.
- Information You Give Us. For example, this could include information you give us when you contact us through the “Contact Us” or “For More Information” features on our websites or the information you submit to us in connection with creating an account, completing an application, placing an order, or making a purchase from Masimo.
- Device Information. This information could include the type of device you use to access Masimo Services, device identification number, IP address, ISP provider, GPS data, data about the closest cell towers, Wi-Fi hotspots, or mobile operating system.
- Internet or Other Network Activity Information. Examples of this include information related to your usage of Masimo Services, like transaction information, pages viewed, links clicked, other activities, interactions, and preferences relating to your use of Masimo Services. We may also receive login and password recovery field data from you.
- Support Data. Support data like requests for support, feedback, and reviews.
Masimo collects personal information in different ways.
Directly From You. For example, when you:
- Make a purchase or interact with our websites or applications;
- Sign up for training on Masimo U (our online training portal);
- Visit our websites, through cookies that send information back to Masimo Services. Cookies are small files sent to your computer or device that collect personal information related to you or your device. You may block these, but doing so may prevent you from fully accessing or using all the features of our websites, applications, products, or services because of their dependence on cookies;
- Submit information through forms, comment boxes, and “For More Information” or similar pages on Masimo’s websites;
- Use applications, especially if the application requires your personal information to access its features. You may choose not to provide your personal information through the application, but you may be prevented from fully accessing or using all the features of the application;
- Sign up to receive emails that promote our products, services, events, and other Masimo-related subjects;
- Submit a request to our customer care team;
- Enter or allow any application, e.g., that is installed on your smart device, to access certain of your personal information, including from other permitted applications installed on your smart device; or
- Interact with Masimo’s social media pages.
Passively. For example, when you:
- Install and use any of Masimo’s applications on your device;
- Visit and navigate Masimo’s websites using any device;
- Click on Masimo sponsored links or third-party advertisements;
- Using any Masimo Services; andVisiting our facilities that use cameras for security and operational purposes.
From Third Parties. We may receive information about you from third parties. For example, we may receive information from:
- Our business partners, including online advertising networks and companies that co-sponsor or host our events or process e-commerce transactions for us, like Shopify;
- Social media platforms, like Facebook, Twitter, YouTube, Pinterest, and Instagram; and
- Companies that provide information to let us process your request/registration for an event or to help us fulfill an order for our products or services.
Subject to applicable law relating to consent, we may process your information in a variety of ways such as:
- To Operate Our Business. We may use your information to process transactions for the sale of our products and services to you and to provide you support for them and to carry out our obligations and enforce any of our contractual rights under any agreement with you;
- To Validate Your Identity. For example, we may use your information to validate your identity for transactions to prevent fraud;
- To Respond to or Fulfill Your Requests. This may include responding to your request for service of our products or for information about our products;
- To Send Important Information to You. We may send important information about our products and services (such as software updates or recalls) that pertain to you based upon your past purchases or usage of our products or services, changes to our terms, conditions, and policies;
- For Security Purposes. This could include using an image of you to protect our company and our customers when, for example, you come onto our premises or for protecting Masimo’s websites or data;
- For Marketing Purposes. We may use your information to communicate to you about new or updated products and services, updates to our websites, or announcements about upcoming events. You may opt-out of this purpose anytime as described later in this Privacy Notice;
- To Improve Our Website, Products, or Services. We may use your personal information to analyze performance, fix errors, and improve our website, products, or services;
- To Permit Social Sharing. We may use your information to permit you to interact with our social media pages; or
- As Otherwise Permitted by Law.
Your information is important to us, and we only share it as described below. We never sell your information.
- With Our Subsidiaries and Affiliates. We may share your information with our subsidiaries and affiliates.
- With Third Party Service Providers. We may share your information with third parties who perform services on our behalf. For example, this may include vendors, service support and fulfillment vendors, and payment processors. It may also include companies that send emails on our behalf such as conference and event sponsors. Masimo enters into agreements with service providers to protect your personal information when and as appropriate. We do not sell your personal information and never agree with third parties to permit them to use your data for their benefit.
- With Third Parties for Marketing Purposes. This may include third parties who we hire to gauge or pique your interest in purchasing our goods or services or invest in our business.
- With Any Successors to Our Business. Sometimes we might sell one of our businesses to a third party. In such an event, your information will generally be transferred to the third party if it relates to the business we are selling.
- To Comply With the Law or To Protect Ourselves. For example, this could include responding to a court order or subpoena. This could also arise as a result of Masimo being a medical device manufacturer. It could also include sharing information if a government agency or investigatory body requests the information. We may share information when we are investigating a potential fraud. This may also include when we find it necessary to enforce the terms and conditions in our contracts, protect our physical or intellectual property, or to protect our customers and/or general operations
- For Other Reasons with Your Consent or as Otherwise Described by Us. There may be occasions where we will seek your specific consent to share your information. In these cases, we will describe the purpose of the disclosure before seeking your consent to share your information in the way described.
Masimo Services are intended for adults. We do not knowingly collect personal information from those younger than the age of 16.
We work to protect the security of your personal information by using reasonable organizational, technical, and administrative measures. However, nothing is 100% secure. We cannot guarantee that your use of Masimo Services will be completely safe. 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.
If you reside outside the United States, your personal information may be shared or processed wherever we have locations or service providers around the world, including the United States, which may have different data protection requirements than in your country of residence. Further, we may store this information in the United States, which may not provide the same level of protections as those in your own country.
Under certain laws, you may seek to review, change, and/or delete the personal information we have about you. To the extent required, we will provide, allow you to change, or delete your personal information as long as you sufficiently verify your identity. You may contact us as described below.
This Privacy Notice only applies to Masimo Services. For example, our websites may contain links to websites that are managed and hosted by unaffiliated third parties. Masimo is not responsible for the privacy practices of these third parties. You should ensure that you understand the privacy practices of these third parties before visiting these sites. You use these third-party sites at your own risk.
We retain your personal information for the time period necessary to accomplish the purpose for which we collected it or longer if the law permits or requires us to do so. This varies by country and geographic region.
We don’t want to have any more personal information than we need. Thus, we ask that you do not provide us with any sensitive personal information that is not necessary for us to provide you with the Masimo Services you use. For example, we don’t need and won’t request certain information about you, such as your race or ethnicity, your health or medical conditions, political affiliations, or criminal history.
Masimo has certified adherence to the EU-U.S. Privacy Shield and to Swiss-U.S. Privacy Shield frameworks as set forth by the U.S. Department of Commerce with respect to personal information that is transferred from the European Economic Area, the United Kingdom, and Switzerland to the United States within the scope of Masimo’s Privacy Shield certifications. Please click here to view the notice applicable to data governed by the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield. For more information about Masimo’s Privacy Shield and EEA practices, please see EEA Supplemental Data Protection Law Disclosures section.
Most web browsers include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.
For information on Masimo’s cookie practices, you may view Masimo’s cookie notice here.
If any time after sharing your personal information, you wish to opt-out of any emails or other communications from us, please contact us using the contact information below.
Irvine, CA 92618
This Privacy Notice for California Consumers (“Notice”) applies only to “Consumers” as defined by the California Consumer Privacy Act of 2018 (“CCPA”) and supplements Masimo’s other privacy notices and policies. If there is a conflict between this Notice and any other Masimo privacy notice or policy, this Notice will prevail as to California Consumers. This Notice is being provided to comply with the CCPA and any terms used in this Notice will be as defined in the CCPA.
Through our websites and other means, for example, at tradeshows, we collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA's scope, like health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
In particular, we have collected the below categories of information from Consumers in the last 12 months and, for each category of personal information collected, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom we shared the personal information.