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.
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:
Masimo collects personal information in different ways.
Directly From You. For example, when you:
Passively. For example, when you:
From Third Parties. We may receive information about you from third parties. For example, we may receive information from:
Subject to applicable law relating to consent, we may process your information in a variety of ways such as:
Your information is important to us, and we only share it as described below. We never sell your information.
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:
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.
Masimo has not, and will not, sell your personal information.
The CCPA provides Consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Access Information and Data Portability
You may request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive your request, verify your identity and confirm your request (see how to do that below), we will disclose to you:
Rights to Deletion
You have the right to request that we delete your personal information that we collected from you, subject to certain exceptions. Once we receive your request and verify your identity and confirm your request (see how to do that below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies under the CCPA.
We may not comply with your deletion request if keeping the information is necessary for us or any of our service providers to:
Exercising Your Rights
To exercise your rights under the CCPA, you may submit a request to us by either:
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 mailing us a signed, written declaration, notarized by a California authorized public notary that you authorize the authorized agent to act on your behalf to the address above.
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:
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.
Timing and Format
We will try to respond to your verified request within 45 days of receiving it. If we require more time, we will let you know why and how much time we need in writing. If we cannot comply with your request for any reason, we will explain why.
For data portability requests that we can comply with, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. This will depend on the specific information we have.
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.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you elect to exercise any of your rights under the CCPA.
You can designate an authorized agent to make a request under the CCPA on your behalf if:
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described above:
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 these steps, and we will respond to any request from such authorized agent in accordance with the CCPA.
Masimo provides to residents of the European Economic Area (EEA) the following disclosures to supplement the Privacy Notice.
The data controller is Masimo with the contact information specified above.
Legal Bases for Processing:
Recipients in Third Countries:
The personal data that we collect or receive about you may be transferred to and processed by recipients that are located inside or outside the EEA and are not recognized from an EU law perspective as providing for an adequate level of data protection. The countries that are recognized to provide for an adequate level of data protection from an EU law perspective (Art. 45 GDPR) are Andorra, Argentina, Canada, Switzerland, Faeroe Islands, Guernsey, the State of Israel, Isle of Man, Jersey, New Zealand, the Eastern Republic of Uruguay, and Japan. To the extent your personal data is transferred to countries that do not provide for an adequate level of data protection from an EU law perspective, we will base the respective transfer on Masimo Corporation’s, Masimo Americas, Inc.’s, and Masimo Semiconductor, Inc.’s certifications under the EU-U.S. and Swiss-U.S. Privacy Shield Framework (Art. 45 GDPR) or on appropriate safeguards (Art. 46 GDPR), such as standard data protection clauses adopted by the European Commission. Our Privacy Shield Notice is available here. You can ask for a copy of such appropriate safeguards by contacting us as set out above. The access is limited to recipients with a need to know.
Period of Data Storage:
Your personal data will be retained as long as necessary to provide you with the services requested. When Masimo no longer needs to use your personal data to comply with contractual or statutory obligations, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it. If we need to keep your information, including personal data, for tax, audit, or legal compliance for a legally prescribed time period thereafter, or if we need it to preserve evidence within statutes of limitation, we will retain the data for such purposes.
Data Subject Rights:
You have a right to request from Masimo access to and rectification or erasure of your personal data, restriction of processing, withdrawal of consent, data portability, and to lodge a complaint with a supervisory authority. If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. You can exercise your rights by contacting us as set out above.