MASIMO SERVICES GENERAL PRIVACY NOTICE

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.

• 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.  

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.

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.

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.

We may disclose your personal information to the following categories of third parties.

• Our Service Providers: We may transfer your personal information to our service providers, some of which may include our affiliates, 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: France, Germany, Ireland, Canada and the United States.
• 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.

In general, we store personal data only as long as 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 period 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.  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.

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.

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 cannot guarantee that your use of Masimo Services will be completely secure. 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.

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.

Masimo is aware of the Court of Justice of the European Union’s decision on July 16, 2020 to declare as invalid the European Commission Decision (EU) 2016/1250 of 12 July 2016 on the adequacy of the protection provided by the EU-U.S. Privacy Shield and of the September 8, 2020, statement by the Swiss Federal Data Protection and Information Commissioner on the adequacy of the Swiss-U.S. Privacy Shield Framework.  Masimo, however, continues to comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information transferred before July 16, 2020, from the European Union or the United Kingdom, and from Switzerland before September 8, 2020, to Masimo in the United States.  For transfers of personal information after those dates, Masimo addresses cross-border data transfer requirements under the EU General Data Protection Regulation 2016/679 and European Economic Area and Swiss data protection laws by relying on Standard Contractual Clauses and other adequate measures For more information about Masimo Corporation’s Privacy Shield and EEA practices, please see EEA Disclosures section.

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 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.

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.