Privacy Policy

Doctella Application Product

 

Masimo Corporation and its affiliates (“we”, “our”, and “us”) wants you to know how we collect, use, and disclose personally identifiable information collected on our websites, our mobile applications, and through interactive features in an application, website, email, or otherwise, when you interact directly with us (collectively, “Sites”) or through the application product, Doctella.  This Privacy Policy does not pertain to the personally identifiable information that is collected by or through a third party, such as those that purchase or use our medical devices. This privacy notice describes what information we may collect, how we use it, and under what circumstances we disclose it, if at all.

The Doctella application and the associated Sites combined, including all services offered via Doctella and the associated Sites, are sometimes referred to collectively in this Privacy Policy as the "Service.”  Please note that by using or accessing any of the Service, you are accepting the practices described in this Privacy Policy.

PERSONAL INFORMATION

When using any of our Sites or Service, we may ask you for or you may otherwise be able to voluntarily provide personal information to us. Masimo and its affiliates may share this information with each other, third parties, and otherwise use the information consistent with this Privacy Policy. We may also combine it with other data for our own internal business purposes, like improving our products or services. You need not provide your personal information, but if you choose not to, you may not be able to use certain features of our Sites, because some functionality depends on this information.

Below are some examples of personal information we may collect, depending on the Site and Service:

If we combine your personal information with other, non-personal information, we will treat the combined information as personal information for as long as any personal information is included in the combined information.

SUPPLEMENTAL PERSONAL INFORMATION: Doctella Application Product

We may receive personal health information about you from other parties, such as health care providers with whom you have given consent or authorization, who use the Service or other Sites we may provide. If we receive information about you from a health care provider or other HIPAA covered entity for whom we act as a business associate, our obligations with respect to the privacy and security of that information will be governed by our business associate agreement with that health care provider.

Below are some of the examples of the personal health information we may collect on behalf of or receive from you, depending upon your use of the Site and Service:

HOW PERSONAL INFORMATION IS COLLECTED

We may collect personal information in a variety of ways, including:

 

 

 

HOW WE USE PERSONAL INFORMATION

Subject to applicable law relating to consent, we may use or process your personal information in a variety of ways, such as:

COOKIES / TRACKERS

We use cookies and potentially other technologies, like pixel tags and web beacons, on our Sites. We use these to understand how you use the Sites, the pages you visited, and to make it easier for you to navigate the Sites. We also use these to remember information about you and your preferences when you re-visit our Sites in order to improve and simplify your experience.  Our goal is to make your experience more personal to you. We can also use the information to optimize the experience based on your hardware, software versions, and browser type. Sometimes we will use a session ID cookie, for example, to allow you to view your shopping cart. These normally expire when you close your browser.

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.

We may implement certain third-party advertising or other content on the Service, or integrate other third-party offerings into the Service, enabling such third parties to collect information about you through your use of the Service. Any information collected through such integrated technologies would be collected directly by these third parties for use by such third parties and other authorized parties, subject to the privacy practices and policies of such third parties.This Privacy Policy only addresses the use and disclosure of information collected through the Service by Masimo. Masimo is not responsible for the privacy practices of third parties, regardless whether they are linked or otherwise connected to the Service. We encourage you to read the posted privacy policy whenever interacting with any third-party website, app, or other offering.

DISCLOSURE TO THIRD PARTIES

Masimo may share certain personal data we collect with third parties as follows:

Masimo enters into agreements with third parties to protect your personal information when and as appropriate. We do not sell your personal information for commercial benefit to third parties or for their marketing or any other commercial benefit.

SECURITY

Masimo uses reasonable organizational, technical, and administrative measures to protect personal information we’ve collected. Of course, there is no guarantee that your personal information will be fully secure. If you have reason to believe that your personal information has been compromised, please contact us as indicated below.

When you or another user enters information into the Service that is protected by password set by you, that information will be recorded in an encrypted form.   However, please also be aware that despite the guidelines outlined in this Privacy Policy, no data transmission over the Internet or via a Wi-Fi network, or any encryption method, can be guaranteed to be completely secure. You understand that it may be possible for third parties not under Masimo’s control to intercept or access your health, medical or other personal information transmitted through the Sites and/or Service or private communications.

ACCESS TO DATA

If you wish to access or update your personal Information submitted through the Sites or Service, or to make any inquiries (including requests of cancellation or deletion) about your personal information, please contact us as described below. We will permit you access to your personal information where required by applicable data protection and privacy laws as long as you sufficiently verify your identity.

Please note, however,we may not be able to retrieve or modify information for you if you have protected that information with a password you have chosen and do not make that password available to us.

OPT-OUT

At 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. You may opt-out of marketing communications.

PERSONAL INFORMATION RETENTION

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.

TRANSFERRING DATA ACROSS COUNTRY BORDERS

Your personal information may be shared or stored wherever we have locations or service providers around the world, including the United States, which may have different data protection rules than in your country.

MINORS

We do not knowingly collect or maintain personal information from persons under 13 years old through the Service, and no part of the Service is directed to persons under 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. If you learn that your child under 13 has provided us with personal information without your consent, please contact us.

PRIVACY SHIELD

Masimo has certified adherence to the EU-U.S. Privacy Shield and to Swiss – U.S. Privacy Shield frameworks. 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.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. If we change this Privacy Policy in a material way, we will post those changes here, on the homepage, and other places we deem appropriate so that you are aware of the changes. The changes we make will apply when we post the new Privacy Policy on our Sites or Service.  The effective date of the current Privacy Policy is noted at the top of the document.

CONTACT US

If you have any questions regarding our Privacy Notice or if you need to update, change or remove information, you can do so by contacting privacy@masimo.com or sending postal mail to:

Masimo Corporation
Attn: Privacy Manager
52 Discovery
Irvine, CA 92618

 

EEA Supplemental Data Protection Law Disclosures

 

Masimo provides to residents of the European Economic Area (EEA) the following disclosures to supplement the Privacy Policy.

 

Data Controller: The data controller is Masimo with the contact information specified above when you enter your personal information in the Service or visit the Sites.

 

Data Processor:  When you provide personal information in connection yourrole or capacity as an authorized user of a company, organization or Covered Entity which does business with the Service, the data controller is generally going to be the respective company, organization or Covered Entity.  In this scenario, Masimo would be the processor.

 

Legal Bases for Processing: Legal bases for the processing of your personal data by Masimo are: (i) the contract on the use of the Sites or Serviceconcluded with you (Art. 6 (1) lit. b GDPR) for personal data actively provided by you through our Site, (ii) our legitimate interests (Art. 6 (1) lit. f GDPR) for personal data passively collected through our Site which are the following: to monitor and maintain the performance of the site and to analyze trends, usage and activities in connection with our Site, (iii) our legitimate interests (Art. 6 (1) lit. f GDPR) for the transfer of your personal data within the group of companies which are the following: for internal administrative and support purposes (access is limited to colleagues with a need to know), (iv) compliance with a legal obligation to which Masimo is subject (Art. 6 (1) lit. c GDPR) for the transmission of personal data to law enforcement agencies, governmental authorities, legal counsel and external consultants or legitimate interests, such as exercise or defense of legal claims, (v) our legitimate interests (Art. 6 (1) lit. b GDPR) for the transfer of your personal data in connection with a transfer of all or part of our organization or assets which are the following: the orderly transition of all or part of our business, (vi) our legitimate interests to protect and defend the rights or property of us or third parties, including enforcing agreements, policies and terms of use, and in an emergency including to protect the safety of our employees or any person which are the following: to protect the property, rights, and safety of any person and to prevent fraud, and (vii) your consent (Art. 6 (1) lit. a GDPR) for marketing communications.

 

Recipients in Third Countries: The personal data that we collect or receive about you may be transferred to and processed by recipients which are located inside or outside the EEA and which 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 are 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 http://www.masimo.com/siteassets/us/documents/pdf/masimo-privacy-shield-notice-includes-swiss-privacy-shield.pdf.   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, unless we need to keep your information, including personal data, for tax, audit, and legal compliance for a legally prescribed time period thereafter, or if we need it to preserve evidence within statutes of limitation.

 

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.