What laws apply?
- If you are located in the EEA, the EU General Data Protection Regulation applies to the processing of your personal data.
- If you are located 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 located 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 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 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:
- Provide you with the Masimo Services you access, use and request and tailor them to you
- Process and deliver customer orders
- Manage payments, fees and charges
- Communicate with you about the Masimo Services you use and the products and services you purchased
- Provide customer service
- Respond to or fulfill your requests
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- If we are legally obligated to perform the processing (such as to charge the correct amount of tax under local tax laws or respond to your requests to exercise your rights under consumer or data protection laws), Legal Obligations Legal Basis.
- If we are contractually obligated to perform the processing based on the terms that apply to the applicable Masimo Service, Contract Performance Legal Basis.
- In all other cases, Legitimate Interest Legal Basis—namely, to provide you and our other users with a good experience, collect amounts owed to us, administer and enforce our contractual and legal rights, and manage our business operations and relationships with third parties.
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To send and tailor our marketing communications to you
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- Consent Legal Basis if we have obtained your consent to market to you.
- In all other cases, Legitimate Interest Legal Basis, if you have not objected to our marketing and for the purpose of increasing use of our products and services.
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To interact with you on social media
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- Legitimate Interest Legal Basis—namely, to address your comments, requests or other communications in an appropriate manner that also reflects positively on us.
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To administer an event that you sign up to attend
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- If we are contractually obligated to perform the processing based on the terms that apply to the event, Contract Performance Legal Basis.
- In all other cases, Legitimate Interest Legal Basis—namely, to provide you and our other attendees with a good experience, collect amounts owed to us, administer and enforce our contractual and legal rights, and manage our business operations and relationships with third parties.
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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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- If we are legally obligated to perform the processing (such as to secure our services in accordance with the GDPR), Legal Obligations Legal Basis.
- If we are contractually obligated to perform the processing based on the terms that apply to the applicable Masimo Service, Contract Performance Legal Basis.
- In all other cases, Legitimate Interest Legal Basis—namely, to provide you and our other users with a good experience, administer and enforce our contractual and legal rights, and manage our business operations and relationships with third parties.
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To improve our products, services, events and offerings
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- Legitimate Interest Legal Basis—namely, to improve our products, services, events and offerings so that we can continue to provide high quality offerings to you and others.
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- To exercise our legal rights, defend and advance our legal interests, and protect against fraudulent, harmful and illegal activity
- To comply with applicable laws such as data protection and consumer laws
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- If we are legally obligated to perform the processing (such as to disclose personal information to a law enforcement authority with authorization under criminal law), Legal Obligations Legal Basis.
- If we are contractually obligated to perform the processing based on the terms that apply to the applicable Masimo Service, Contract Performance Legal Basis.
- In all other cases, Legitimate Interest Legal Basis—namely, to exercise our legal rights, defend and advance our legal interests, and protect against fraudulent, harmful and illegal activity.
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To give effect to a Business Transfer
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- Legitimate Interest Legal Basis—namely, to engage in a Business Transfer that our management team considers to be advantageous to our business interests.
- But we will seek your consent if we wish to use your purpose for any new purpose incompatible with those set forth in this Privacy Notice, and if you provide such consent, the Consent Legal Basis applies.
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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 have to 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, on grounds relating to your particular situation, to the processing of your personal data by us. 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 our 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:
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.