Depending on the specific 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:

Personal information Collected Directly from You:

• Identifying Information. We may collect your name, unique personal identifier, contact details such as your mailing address, email address, telephone number, the name of your company or business, and account registration and login information, in connection with any Masimo Services.

• Purchase, Payments, Customer Service, and Vendor Information. We may collect your payment information, billing address, shipping address, and information about the products or services you purchased from us, and how you use them.  If you are a service provider, we may collect contact information and other work-related information about your employees to facilitate contracts, invoicing and payment, and to establish a business relationship with you.

• Product Information.  We may collect information when your product, including warranty information and purchase history.

• Communications and Interactions. We may collect your information in connection with customer service or support requests, any questions you submit, product reviews, feedback or complaints on any Masimo Services, and information you post on our social media channels. We may also collect information from you when you sign up to receive our newsletters, promotional emails, or other types of email communication.

• Event Information.  We may collect personal information related to your participation in an event that we or our business partners organize (e.g., webinars, tradeshows, charity events, survey or promotional events, marketing events) such as your name, email address, phone number, sessions of events you attend, professional information, or any information you provide regarding accommodations you request from us.
• Research Participation and Surveys.  From time to time, we may reach out to you to ask you to participate in voluntary surveys or research projects aimed at obtaining your feedback about our products or services.  We may ask for and collect information such as your name, shipping address, email, age, gender, geographic location, and your opinions and feedback about the product or services.  These research projects and surveys are strictly voluntary, and you will have the opportunity to decline such requests.

• Marketing Preferences. This refers to your preferences that you select in connection with receiving marketing communications from us, including via email, phone calls, other electronic or wireless communications and targeted online advertisements, including newsletters and promotional emails about our events.

Personal information from Third Parties
We may collect personal information about you from third parties, such as social media platforms, analytics companies, or other third parties:

• 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.

• Cookies, Pixels, and Related Technologies.  When you visit our website, we may collect information about you through the use of cookies, pixels, web beacons and other similar technologies in your browser files.  Cookies are used to collect information for business purposes, such as to enable essential website functions, for analytics, demographic information, and to improve your user experience on our website.  You are free to decline our cookies.  For more information on what types of cookies, pixels, and related technologies Masimo uses and how we use them please refer to the Section 6. Cookies & Related Technologies below and read our Cookie Notice.

Personal information Collected Automatically

We automatically collect personal information related to your use of Masimo Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Masimo Services.  Such information includes:

• Device and Technical Information. We automatically collect information about your devices that connect to the Masimo Services and the way you use Masimo Services. This information includes the type of device you use to access Masimo Services, device identification number or ID, IP address, Internet Service Provider, location data, and mobile operating system.

• Activities and Usage. We also collect activity information related to your use of the Masimo Services, such as information about pages viewed, links clicked, searches, features used, items viewed, time spent and other activities, interactions, and preferences relating to your use of Masimo Services.

• Location Information. We may collect or derive location information about you, such as through your IP address.  Further, with your permission, we may collect geolocation information from your device. You may turn off location data sharing through your device settings.

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 related, Product information, Customer Service and Vendor Information, Event Information, Research Participation and Surveys Information, and Marketing Preferences information 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. Subject to applicable law, we collect your Identifying Information from online advertising networks that may have this information. For more information, please see refer to Section 6. Cookies & Related Technologies below or review our Cookie Notice.

• Event Organizers. Masimo may participate in or sponsor events that are hosted by a third-party.  Those third-party hosts may collect personal information from you on behalf of Masimo. 

• Service Providers.  Masimo contracts with third-party service providers to help Masimo provide its products and services to you.  As part of this relationship, the service provider may collect any of the personal information listed in Section 1 above from you and process them on our behalf.  We vet our service providers to ensure they comply with all applicable data privacy and security laws and regulations. They are also contractually obligated to Masimo to ensure your personal information is processed according to our instructions and in compliance with these laws and regulations.  

• Third-Party Publishers of Information about Masimo. At times, Masimo may engage a third-party publisher to create or publish articles and other content about Masimo products and services. These third-party publishers may collect your personal information when you access content on their platforms.  Masimo may, but not always, be given access to this personal information.  Masimo will always comply with applicable data privacy and protection laws if provided with this personal information.

Certain data protection laws, including the General Data Protection Regulation (“GDPR”), UK data protection laws and Swiss data protection law, require that we inform you of the legal bases for our processing of your personal information. Pursuant to such data protection laws (where applicable), we process personal information generally on the legal bases set forth below:

• Contract Performance:  Necessary for us to perform a contract with you or take steps at your request prior to entering into a contract;

• Legal Obligations:  Necessary for us to comply with an applicable legal obligation;

• Legitimate Interest:  Necessary for us to realize a legitimate interest based on an assessment of that interest and your privacy and other fundamental interests;

• Defend Our Rights:  Necessary for us to the establishment, exercise, or defense of legal claims; or

• Consent:  With your consent. In these cases, you can withdraw your consent at any time with future effect.

We have set out below a general description of the purposes for which we may collect, use, or otherwise process personal information. For each purpose, we identify the groups of personal information we use for that purpose.

We do not sell, rent, or loan your personal information for monetary or other valuable consideration.  We may share your personal information that we collect for the purposes stated above to the following types of third parties pursuant to a contract or with your consent.

Please see our CA Privacy Notice  and our Cookie Notice  for additional information and related disclosures.

• Affiliates and Subsidiaries: We may disclose your personal information to our affiliates or subsidiaries, including to our Masimo Consumer Audio brands and Masimo Consumer Health companies.
• Our Vendors and Service Providers: We may disclose your personal information to our vendors who act as our processors/service providers as may be necessary for them to provide services on our behalf.  Our processors/service providers are contractually and legally bound to protect your personal information and cannot collect, process, or use them for their own purpose; they can only use them as instructed by us for the purposes stated in Section 4. “How Do We Use Your Information above.
• Third Party Platforms, Providers and Networks: We may share or make available to third party platforms, providers, and networks your personal information that we use to provide or make available certain features or portions of the Masimo Services, or as necessary to respond to your requests.  We may also make certain information that includes personal information available to third parties in support of our marketing, analytics, advertising and campaign management.  Please see Section 6. “Cookies & Related Technologies” or our Cookie Notice for more information.
• Organizations Involved in Business Transfers: In the event of a Business Transfer, we may disclose certain information that we have collected, including personal information, as necessary to facilitate the Business Transfer, including prior to the completion of such a transfer, such as to lenders, auditors, and third-party advisors, including attorneys and consultants, as part of due diligence or as necessary to plan for the transfer.
• Compliance and Legal Obligations: Where required by applicable law, we may disclose your personal information to government agencies, regulators and others as required by law (e.g., tax authorities, courts, and government authorities) to comply with our legal obligations. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
• Security and Protection of Rights: We may disclose personal information where we believe doing so is necessary to protect Masimo, our rights and property, or the rights, property, and safety of others.  For example, we may disclose personal information to: (i) prevent, detect, investigate, and respond to fraud, unauthorized activities, illegal activities, or misuse of the Masimo Services, (ii) situations involving potential threats to the health, safety or legal rights of any person or third party, or (iii) enforce, detect, investigate and take action in response to violations of, our Terms of Use. We may also disclose information, including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.
• Other Masimo Service Users: The username and any information that you post to Masimo Services, including, without limitation, reviews, comments, and text may be viewable to other users of the Services.
• With Your Consent: There may be occasions where we will seek your specific consent prior to disclosing your personal information. In these cases, we will describe to you the purpose of the disclosure before seeking your consent to disclose your personal information.

We may also use and disclose aggregated, anonymous, and other non-identifiable data related to our business and Masimo Services for quality control, analytics, research, development, and other purposes.

When you visit our website, we may collect cookies, pixel tags, web beacons, log files, APIs, scripts, and other similar tracking technologies (“Cookies”) that work through placing a small file (like a text file, code or graphic) in your browser files.  Cookies can be used to collect information for business purposes such as to enable essential website functions (e.g., navigation) and to improve our user experience.  We may also use collect your personal information, such as Activities and Usage information as well as data about your web activities to enable targeted advertising, or for analytics purposes. 

If you wish to prevent cookies from tracking your activity on our website or visits across multiple websites, you can set your browser to block certain cookies or to have it notify you when a cookie is set.  In addition, you can also delete cookies. The Help portion of the toolbar on most browsers will tell you how you can manage your Cookies, including how to prevent your device from accepting new Cookies, how to have the browser notify you when you receive a new Cookie, or how to delete Cookies.
For more information on our use of these technologies and the choices you have about our use of cookies and related technologies, please refer to our browser Cookie banner and read our Cookie Notice.

We work with third parties, such as ad networks, channel partners, mobile ad networks, analytics and measurement services and others third party companies to personalize content and display advertising on third-party sites, such as on mobile apps and online services. We may share certain information with these third-party companies, and utilize cookies, pixels tags, and other tools to collect usage and browsing information within the Masimo Services, as well as on third-party sites, apps and services.  This may include IP addresses, location information, device ID, cookies, pixels, advertising IDs, and other identifiers, as well as browsing information. We use this information to provide you with more relevant ads and content and to evaluate the success of such ads and content 

If you are in the U.S., you can obtain more information and opt out of receiving targeted ads from participating third-party ad networks at aboutads.info/choices (Digital Advertising Alliance). You may also download the DAA AppChoices (youradchoices.com/appchoices) tool in order to help control interest-based advertising on your apps. In addition, users in the EU, may obtain more information at youronlinechoices.eu (European Interactive Digital Advertising Alliance).

Global Privacy Control (GPC) is a browser setting on your browser that notifies websites of your privacy preferences (such as “do not track”/ “do not share” or “opt-out” of the sharing of your personal information without your consent) by sending a signal to the website you visit.  Our U.S. website is GPC signal enabled and recognizes your GPC signal preferences.  In most cases, to send a GPC signal you will need to adjust your web browser’s settings or add an application or extension to your web browser to enable your browser to send GPC signals.  For more information about Global Privacy Control, please visit https://globalprivacycontrol.org/  

Some web browsers use other “Do Not Track” (DNT) type signals to communicate that you do not want to have your online activity tracked.  Please note, not all browsers offer DNT options and DNT signals are not yet uniform.  Therefore, we do not respond to all DNT signals.     

We retain your personal information for as long as is necessary and relevant for our business, operations, to comply with legal holds, subpoenas, and other legal purposes. In addition, we retain your personal information where necessary to comply with law, prevent fraud, resolve disputes, troubleshoot problems, assist with investigation, to enforce our Terms and Conditions, and for other purposes permitted by law.  When your personal information is no longer needed, we will dispose of it subject to applicable law unless the information is fully anonymized or aggregated and no longer identifiable to you.

Masimo Services are not directed at children under the age of sixteen (16). Children may only use Masimo’s products on the instructions of, under the supervision of, and with the consent of their healthcare providers and parent or legal guardian. If we discover that a child under 16 has provided us with personal information in violation of applicable law, we will delete such information from our systems. If you are a parent and you believe we have collected your child’s personal information without your consent, please contact us as set forth below, in Section 14.  “Contact Us.”

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 based on 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 rights 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 by either:

Emailing us at privacy@masimo.com; or
Submitting your request using the webform available here

In case of a request, we kindly ask you to specify your name and the contact details that are relevant for your request, and tell us about your relationship with Masimo, e.g., customer, employee, vendor, consumer, etc.

This Privacy Notice is current as of the Effective Date set forth above. We may revise this Privacy Notice from time to time by making the revised document available through the Masimo Services and updating the “Effective Date” above. Where required by applicable law, we will also obtain your consent before processing your personal data for any purpose incompatible with the purposes disclosed to you at the time of collection.

If you have questions about the information in this Privacy Notice, please contact us using either one of the following contact details:

In writing to:

Masimo Corp.
Attn: Data Privacy Office
52 Discovery
Irvine, CA 92618

By email at privacy@masimo.com

If you reside in the European Economic Area (EEA) that is subject to the General Data Protection Regulation (GDPR), the United Kingdom, or Switzerland then this supplemental privacy notice applies to you.

Who is the Data Controller   
For purposes of this Privacy Notice, Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria is the controller of your persona data.

DPO Information
In addition to emailing us as described under Section 14. “Contact Us, individuals in the EEA, UK, and Switzerland can also contact our data protection officer Dr. Sebastian Kraska at skraska@iitr.de.   Masimo’s UK representative is Masimo Europe Limited located at Matrix House, Basing View, Basingstoke - Hampshire RG21 4DZ.

Additional Rights
In the EEA, UK, Switzerland, and Turkey you have the following additional rights, subject to the conditions and limitations under the GDPR or other applicable local data privacy and protection laws:

• To receive confirmation as to whether your personal data is being processed, and if so, to request access to details about how we process your personal information and copies of the personal information.
• To rectify any inaccurate or incomplete personal information concerning you.
• To ask us to erase your personal information to the extent no exception applies.
• To request restriction of processing of your personal information.
• To object, on grounds relating to your situation, to the processing of your personal information by us where our processing is based on our legitimate interests (other than marketing purposes).
• To object to marketing and ask us to stop processing your personal information to the extent we do so based on our legitimate interests for marketing purposes. If you do so, we will stop such processing for our marketing purposes.

• To receive your personal information which you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit the personal information to another entity.
• To request to not be subject to a decision when it is based on automatic processing if it produces a legal effect or similarly significantly affects you unless it is necessary for entering into or performing a contract between us.
• To withdraw your consent, in the event your personal information is processed based on your consent. Please note that your withdrawal will not affect the lawfulness of processing based on consent prior to your withdrawal.
• To lodge a complaint with a supervisory authority, where available.
• In certain jurisdictions such as France and Portugal, you also have the right to provide Masimo with guidelines as to the processing of your personal information after your death.

Individuals in Turkey, also have the following additional rights, subject to the conditions under applicable data protection law:

• To request notifying third persons to whom the personal information is transferred, about deletion and correction.
• To request indemnification if you suffered damage because of illegal processing of your personal information.

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 the Privacy Office at privacy@masimo.com.   Alternatively, you may also contact Masimo’s Data Protection Officer Dr. Sebastian Kraska by email at skraska@iitr.de.  You may also contact us by mail at Masimo Österreich GmbH, Attn: Data Privacy Office, Mariahilfer Straße 136, 1150 Vienna, Austria.

Cross-Border Data Transfers
Masimo and our service providers may transfer your personal information to, or access it in, jurisdictions (including the United States and other jurisdictions where we, our affiliates, subsidiaries, and service providers have operations) that do not include equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it, including through appropriate written data processing terms, data transfer agreements and/or other legally acceptable mechanisms according to applicable local laws.

If you are in the European Economic Area (“EEA”), the United Kingdom (“UK”), or Switzerland and we process your personal information in a jurisdiction that the European Commission has deemed to not provide an adequate level of data protection (a “third country”), we will implement measures to adequately protect your personal information, such as by putting in place standard contractual clauses as approved by the European Commission (the form for the standard contractual clauses can be found at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc_en).

To obtain additional details of the mechanism under which your personal information is transferred, you may request such details by contacting us at the contact details listed in Section 14.  “Contact Us above.