Masimo SafetyNet Alert Privacy Notice

Masimo SafetyNetTM Alert Privacy Notice

We, Masimo, provide this Privacy Notice to explain how we process personal data when you use the Masimo SafetyNet Alert mobile application ( “SafetyNet Alert App”) and rights you may have under applicable privacy laws. If you are in Canada, “Masimo” refers to Masimo Americas, Inc., 52 Discovery, Irvine CA 92618, USA. If you are in the European Economic Area ( EEA ), Switzerland or the United Kingdom (UK) (collectively, the “EEA+”), then: (i) “Masimo” refers to Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria; and (ii) please also have a look at the Supplemental EEA+ Privacy Notice further below. We use the term “personal data” to mean data about an identified or identifiable individual.
What Personal Data Do We Collect?
The categories of personal data that we collect include your name, registration information (which you enter yourself when you download and activate the SafetyNet Alert App), the settings you choose (including with whom you wish to share information and their contact information) and information collected from any devices you connect with the SafetyNet Alert App including health data such as oxygen saturation (“O2”) levels and pulse rate and perfusion index. You are under no obligation to provide us with the data we ask you for. However, if you do not provide your personal data, you will not be able to use the SafetyNet Alert App. Please obtain the consent of your contacts before inputting their personal data into the SafetyNet Alert App. If the provision of your personal data is mandated by law, we will inform you of this separately.
From Whom Do We Collect Personal Data?
We may collect your personal data from (i) medical devices that you connect with the SafetyNet Alert App, (ii) other applications such as Apple Health and Google Fit that you connect with the SafetyNet Alert App, and (iii) hospitals and other healthcare providers if you have given them your consent to transfer your personal data to us.
For What Purposes Do We Use Personal Data?
We use the personal data we collect to provide you with the SafetyNet Alert App. We may also use your personal data to respond to or fulfill your requests, to ensure the security of our services, to analyze performance, fix errors, and improve our services, and to comply with applicable laws such as data protection and consumer laws.
To Whom Do We Disclose Personal Data?
When you use the SafetyNet Alert App, your personal data may be disclosed to (i) individuals and healthcare providers selected by you within the settings of the SafetyNet Alert App or by accepting a link sent via email or text from a healthcare provider, and (ii) employees and processors (i.e., service providers) of Masimo that develop, operate and support the SafetyNet Alert App. Masimo relies on processors in the EEA+ and the United States to process your personal data.
How Long Do We Store Personal Data?
We store personal data as long as necessary to provide you with the functionality of the SafetyNet Alert App and services that you requested. 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.
Your Rights
You may have rights under applicable privacy laws, which may include to access, review, modify or delete the personal data we hold about you. To submit a request to exercise any rights you may have under applicable privacy laws, please contact us using the contact details under “Contact Us” below and clearly describe your request. If you have rights under applicable privacy laws and your request complies with the requirements under such laws, we will give effect to your rights and respond within any mandatory timeframes as required by law.
Contact Us
If you have any privacy-related inquiries or concerns, please contact our privacy department at privacy@masimo.com. For more information about how Masimo processes personal data outside the context of the SafetyNet Alert App, please see our general Privacy Notice here: https://www.masimo.com/.

Supplemental EEA+ Privacy Notice

We, Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria, provide this Supplemental EEA+ Privacy Notice to users of the SafetyNet Alert App located in the EEA, Switzerland and UK. In this Supplemental EEA+ Privacy Notice, 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 the EEA, the EU GDPR applies to the processing of your personal data. As a result of the UK’s departure from the EU, the EU GDPR has been incorporated into the domestic laws of the UK, known as the “UK GDPR”. If you are located in the UK, the UK GDPR applies to the processing of your personal data. 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.
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 are the Legal Bases of Processing?
For health data, the legal basis of processing is your express consent per Article 9(2)(a) GDPR. Health data is considered a special category of personal data. You have the right to withdraw your consent at any time. Such withdrawal does not affect the lawfulness of processing based on your consent before your withdrawal. However, after such withdrawal, we will no longer be able to provide the SafetyNet Alert App. In extenuating circumstances, such as where the processing is necessary to protect the data subject’s vital interests or to establish, exercise and defend legal claims, the legal basis of processing special categories of personal data may be another legal basis set forth under Article 9(2) GDPR.
The legal bases for processing of personal data which is not health data are:
  • The performance of the contract you entered into for the use of the SafetyNet Alert App (i.e., Masimo’s SafetyNet Alert Terms of Use), per Article 6(1)(b) GDPR.
  • The pursuit of legitimate interests per Article 6(1)(f) GDPR—it is in our legitimate interests to provide good service, ensure the security of our services, and analyze how users access and use our services so that we can further develop and improve them.
  • Compliance with our legal obligations per Article 6(1)(c) GDPR
    • On What Basis Do We Transfer Personal Data Across Borders?
    With your explicit consent, we transfer data to selected individuals and healthcare providers who may be within or outside the European Economic Area, Switzerland or UK, depending on your choices. Moreover, Masimo operates the SafetyNet Alert App with the assistance of affiliated and unaffiliated service providers in the EEA+ and the United States on servers and systems in the EEA+ and the United States. Masimo Corporation in the United States is an affiliated service provider. We only transfer your personal data to countries where the European Commission, Switzerland or UK (as applicable) has decided that they have an adequate level of data protection or we take measures to ensure that all recipients provide an adequate level of data protection. We do this for example 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.
    Your Rights
    In the EEA+, 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; (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; and (g) to lodge a complaint with a supervisory authority (only for EEA and UK).
    You may view a list of supervisory authorities in the EU and their respective contact information here: https://edpb.europa.eu/about-edpb/board/ members_en. You may view the UK supervisory authority’s contact information here: https://ico.org.uk/global/contact-us/. You may view the Swiss Federal Data Protection and Information Commissioner’s contact information here: https://www.edoeb.admin.ch/edoeb/en/home.html. 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 can exercise your rights by contacting us via email at privacy@masimo.com or by mail at Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Vienna, Austria.
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