CALIFORNIA CONSUMER PRIVACY ACT PRIVACY POLICY

CALIFORNIA CONSUMER PRIVACY ACT PRIVACY POLICY

 

Last updated:  February 10, 2022

This California Consumer Privacy Act Privacy Policy (“CCPA Privacy Policy”) provides information about how Masimo Americas, Inc. collects, uses, discloses and otherwise shares California residents’ personal information and rights that California residents may have under the CCPA. If you are a California resident, this CCPA Privacy Policy applies to you.

This Policy does not reflect our processing of California residents’ personal information where an exception under the CCPA applies. For example, this CCPA Privacy Policy does not apply to health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the California Confidentiality of Medical Information Act (CMIA). 

NOTICE OF COLLECTION:  The purpose of this Privacy Policy is also to give you notice about the categories of personal information Masimo collects from you and the purposes for which the personal information is used as set forth below.

1. Our Personal Information Handling Practices over the preceding 12 months

Below are categories of personal information we have collected about California residents in the preceding 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 to whom we disclose the personal information.

Category of Personal Information

Purpose of Collection

Sources of Personal Information

To Whom Disclosed

Identifiers such as name, postal address, Internet Protocol address, email address

Provide our products and services

Customize your web experience, to understand website usage, and improve our websites

Facilitate registration for a Masimo sponsored event

Directly from California residents, for example, when filling out forms or applications

Indirectly from third parties or our service providers, as follows:

  • Social Media Platforms. We collect personal information from the social media platform that you use to interact with our social media pages.
  • Online Advertising Networks. If you consent to our use of cookies and other tracking technologies, we collect identifiers from online advertising networks that may have this information.
  • 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

Service providers who assist us in providing products and services and other benefits to you, our customers, and other third parties

Governmental agencies as required by law

Personal information categories described in the California Records statute § 1798.80(e) such as name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account, credit card, and debit card numbers, or any other financial, medical, or health insurance information, including sleep, health, or exercise data

Some categories may overlap with other categories

Provide you with information about Masimo and our products and services

Establish and maintain customer relationships

Provide and support our products and services

Recruit and evaluate you for employment or other similar opportunities at Masimo

Related to your participation in our clinical studies for research and development purposes

Directly from California residents, for example, when filling out forms or applications

Social media platforms, online advertising networks, event organizers and third-party publishers of information about Masimo, as described in the row above.

Service providers who assist us in providing products and services and other benefits to you, our customers, and other third parties

Governmental agencies as required by law

Protected classifications under California or federal law such as age (40 years or older), race, medical condition, physical or mental disability, gender

Provide you with information about Masimo and our products and services

Enable you to provide your health related personal information, e.g., collected on your smart device to your health care professional or others you choose to receive it

Related to your participation in clinical studies for research and development

Directly from California residents

Individuals selected by the California resident

Service Providers that provide cloud storage of your encrypted information and permit you and your permitted recipients to communicate about your personal information

Commercial information such as products or services purchased, obtained, or considered

Provide you with information about Masimo and our products and services

Establish and maintain customer relationships

Provide and support our products and services

Directly from California residents, for example, when completing a purchase

Indirectly from observing your activity on our websites or your interactions with our distributors or employees

Service providers who assist us in providing and supporting our products and services

Service providers that analyze, for example, your interactions with our websites

Internet or other similar network activity such as browsing history, search history, and information regarding a California resident’s interaction with a website, application, or advertisement

Provide you with information about Masimo and our products and services

Provide our products and services

Customize your web experience, to understand website usage, and improve our websites

Directly from California residents, for example, when filling out forms or applications

Service providers who assist us in providing products and services and other benefits to you, our customers, and other third parties

Governmental agencies as required by law

Service providers that analyze, for example, your interactions with our websites

Sensory data such as audio, electronic, visual, thermal, olfactory, or similar information

Securing our facilities

Product development

Directly from California residents, when, for example, entering our facilities or participating in source video for product development

Service providers that assist in providing security for our facilities

Service providers that assist with user research

Professional or employment-related information such as current or past job history or performance evaluations, and non-public education information such as transcripts or academic counseling records

Recruit and evaluate you for employment, consultancies, or other similar opportunities at Masimo

Directly from California residents, for example, when filling out forms or applications

Indirectly from public sources or from third parties, such as background check providers

Service providers assisting us with recruiting or evaluating candidates from employment, consultancies, and similar positions

Inferences drawn from other personal information such as the consumer’s preferences, characteristics, and behavior

Provide you with information about Masimo and our products and services

Provide our products and services

Customize your web experience, to understand website usage, and improve our websites

Directly from California residents based on their use of our services

Service providers that analyze, for example, your interactions with our websites

2. No Sales of Personal Information

We do not sell California residents’ personal information.

3. Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to request that we disclose what personal information we collect, use, disclose and share about you. To submit a request to exercise this right, please see the “Exercising Your Rights” section further below.

4. Right to Request Deletion of Personal Information

You have the right to request the deletion of personal information about you that we collected from you. To submit a request to delete personal information, please see the “Exercising Your Rights” section further below. We may not comply with your deletion request if keeping the information is necessary for us or any of our service providers to:

  • Complete the transaction for which we collected the personal information, provide a product or service that you requested, take actions reasonably anticipated within the context of our existing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for these activities;
  • Service our products, including to debug or to identify problems and repair them;
  • Comply with our legal obligations under other federal, state, or local laws or exercise any of our legal rights;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when deletion of the information could prevent or seriously harm the research, if you previously provided informed consent; and
  • Make other solely internal and lawful uses of that information that are compatible with the purpose for or the context in which you provided it.

5. Exercising Your Rights

To exercise your rights under the CCPA, you may submit a request to us using one of the following channels:

Calling us at 844-820-6576;
Emailing us at privacy@masimo.com; or
Submit a request using the portal here

Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child. You may designate an authorized agent by taking the steps outlined under “Authorized Agent” further below.

You may only make a request for access or data portability twice within a 12-month period.

In your request or in response to us seeking additional information, you, or your authorized agent, must:

  • Provide sufficient information to allow us to reasonably verify that you are, in fact, the person whose personal information was collected which will depend on your prior interactions with us and the sensitivity of the personal information being requested; and
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

If you do not provide enough information for us to reasonably verify your identity, we will not be able to fulfil your request. We will only use the personal information you provide to us in a request for the purposes of verifying your identity and to fulfill your request.

Any disclosures we provide will only cover the 12-month period preceding receipt of your request.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

6. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you for electing to exercise any rights under the CCPA.

7. Authorized Agent

You can designate an authorized agent to make a request under the CCPA on your behalf if:

  • The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
    1. The authorized agent verifies his or her own identity directly with us by contacting us by phone or email as provided under Section 5 above; or
    2. You directly confirm with us that you provided the authorized agent permission to submit the request. To do so, you must contact us using the methods provided under Section 5 above; or
    3. You sign a written statement that you authorize the agent to act on your behalf.
  • Please note that we may need to verify your identity, and may request you to provide additional information in order to verify your identity. The information that we ask from you will depend on your prior interactions with us and the sensitivity of the personal information at issue.

If you provide an authorized agent with power of attorney pursuant to California Probate Code sections 4000 to 4465, it may not be necessary to perform the above steps, and we will respond to any request from such authorized agent in accordance with the CCPA.

8. How We Respond to Do Not Track Signals

This site does not collect personally identifiable information about your online activities over time and across third-party websites or online services. We do not support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit, including this site, know that you do not want the sites collecting your personally identifiable information.

9. Third-Party Links and Services

We provide links to third-party websites operated by organizations not affiliated with Masimo. We do not disclose your Personal Information to organizations operating such linked third-party websites. We do not review or endorse, and are not responsible for, the privacy practices of these organizations. We encourage you to read the privacy policy of each and every website you visit. This Privacy Policy applies solely to information collected by Masimo through the Services.

10. Changes to this Policy

From time to time we may revise this CCPA Privacy Policy. When we do so, the changes will be posted and the revised document will be available online and the “last updated” date above revised.

PLCO-005649/PLMM-12219A-0222