Masimo Consumer General Privacy Notice

Last Updated:  April 3, 2023

We, Masimo Consumer, provide this Masimo Consumer General Privacy Notice to explain how we collect, use, disclose and otherwise process your personal information when you use our products and apps, visit our events, use our websites and rights you may have under applicable data privacy and protection laws. 

This is the Privacy Notice of DEI Sales, Inc., and its operating groups, subsidiaries, divisions, and brands, such as Boston Acoustics, Bowers & Wilkins, Classé, Definitive Technology, Denon, HEOS, Marantz, Masimo and Polk, collectively referred to hereafter as, “Masimo Consumer,” and also referred to as ‘we’, ‘us’, ‘our’.

At Masimo Consumer, we are committed to protecting and respecting your privacy and the security of information relating to an identified or identifiable natural person (hereafter ‘personal data’ – the terms ‘personal data’ and ‘personal information’ are used interchangeably throughout this document). Your personal data will be processed and used in a responsible way and in line with, among others, the European Union’s and the United Kingdom’s General Data Protection Regulation (GDPR), the California Privacy Rights Act (CPRA), the Australian Privacy Act, Japan’s Act on the Protection of Personal Information (APPI), China’s Personal Information Protection Law (PIPL) and the equivalent requirements of other countries. 

In this Privacy Notice we inform you about the way we handle your personal data and your rights in relation to your personal data. Please note that this Notice contains additional specific local provisions, where applicable. These are included in Section 13. 

Contact Details

Any questions regarding this Notice and our privacy practices should be sent by email to [email protected] or by writing to our Privacy Coordinator for your region:

For the Americas, Australia and New Zealand
Masimo Americas Inc.
Attn: Director of Privacy and Data Protection
52 Discovery, Irvine, CA 92618
USA

For Asia
D&M Holdings Inc.
D&M Building, 2-1, Nisshin-cho, Kawasaki-ku, Kanagawa,
Japan

For EU, UK and all Other Regions
D&M Europe B.V.
Beemdstraat 11, 5653 MA  Eindhoven
The Netherlands

Table of Contents

1. Does This Privacy Notice Apply to You?
2. What Personal data does Masimo Consumer process?
3. Do We Use Cookies?
4. For What Purposes Do We Process Your Personal Data?
5. What Are the Legal Bases for Processing My Personal Data?
6. How Long Do We Retain Your Personal Data?
7. With Whom Do We Share Your Personal Data?
8. How Do We Protect Your Personal Data?
9. What Are Your Rights?
10. Targeted Advertising.
11. Global Privacy Control (GPC) and Do Not Track Signals
12. Updates to this Privacy Notice?
13. Additional information for California residents

1. Does This Privacy Notice Apply to You?

This Notice applies to you when Masimo Consumer processes your personal data.  This means, we collect and process your personal data when:

• you visit our website,
• buy and use our products that connect to the internet,
• download our apps or software,
• when you choose to register your product or create an account with us,
• when you engage with our questionnaires, promotions, surveys or provide marketing response to our engagement activities,
• when you choose to receive offers or literature from us, such as newsletters or product updates and offers, or
• when you contact us in any other way.

 

Children 16 or Under

Our websites are for a general audience and not aimed at or intended to be used by children. We intend to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ you must obtain your parent or guardian’s permission before providing us with your personal information. We do not knowingly obtain or try to obtain personal information from children or request such information from them.

2. What Personal data does Masimo Consumer process?

In the course of our business activities and providing services, we may process the Personal Data of:

Customers (potential and existing) and Website Visitors, such as:

• Contact information: name, address (where applicable including company address), e-mail address and telephone number;
• Personal Details: age, gender
• Shipment information: shipping and billing address, payment method, credit or debit card number, verification number and expiration date;
• Purchase information: warranty registration and purchase history including shipping amounts;
• Product information: information we obtain when you use our products or download our firmware or software, including information on registration/subscription, product set-up, user experience tracking, online (crash) logging, anonymous profiling, your country location and local storage;
• Account information: including log-in details for our user accounts, including your e-mail address and other information you provide through your account;
• Preference and user information such as our communications with you, including through chat, history of related commercial activities, survey information, shopping preferences and complaints and further information you decide to provide to us in connection with your use of our services;
• Automatically generated information including date and time stamps, content and (sub)pages that you visited on our website or using our apps, time spent on each (sub)page, referring website details and the search terms you used before entering, your operating system and browser type, your browser’s default language, your network location, your computer’s Flash version, JavaScript support, screen resolution and screen color processing ability, your IP address and your unique device ID or user ID.
• Social media information: depending on the choices you have made in your privacy settings on various social media platforms, certain personal information may be shared with Masimo Consumer about your online activities and social media profiles, e.g., interests, marital status, gender, username, photo, posts you have made. If you do not want this, please make sure to update your personal settings on the social media platforms that you use.
• Third-Party information you share with us: If you choose to ship our products to a third-party (e.g., friends, family, work, gifts), we will use the information you provide about the third party to fulfil the shipment request. It is your responsibility to ensure that this third-party consents to you transferring their personal information to us.

 

3. Do We Use Cookies?

Yes, Masimo Consumer uses cookies and similar technologies on its websites. Based on certain cookies, Masimo Consumer automatically processes personal data. Consult our Cookie Notice to learn more about the cookies and similar technologies that we use.

4.  For What Purposes Do We Process Your Personal Data?

We collect and process your personal data for the following purposes:

• To provide our products and services to you;
• To activate or register certain products and services or enhancing functionality;
• For research purposes in order to enhance our products and services;
• To optimize our products and services and to be able to do market research;
• To respond to your requests and provide you with requested information and services;
• For marketing and advertisement;
• For the administration of our products, services, and business;
• For customer service and handling complaints and disputes;
• To store your preferences for future interactions and communications from Masimo Consumer so that the information doesn’t have to be collected anew;
• To send out personalized messages, surveys, special offers and advertisements that are relevant to your personal interests, based on the information you have shared with us and on the information we have collected through cookies or similar techniques regarding your use of the Masimo Consumer websites/social media/blogs and products;
• To keep you informed of, or offering to let you test new products and services;
• To meet our legal, professional and regulatory obligations;
• For the performance of audits, such as accounting audits;
• To prevent and detect fraud;
• To defend against or pursue legal claims;
• In the context of mergers or acquisitions;
• To gather and provide information required by or relating to enquiries or investigations by regulatory bodies.

 

These processing purposes correspond with the legal grounds for processing as set out in Section 2 of this Privacy Notice.

If you do not provide your personal data, the following types of issues can occur:

• We may not be able to provide updates to the products that you use from Masimo Consumer, or those updates may not be received timely.
• We may not be able to provide the services that you have requested;
• There may be a delay in our services or our response to your request for services;
• Your Masimo Consumer products may not perform as intended (e.g., your music preferences or preferred music sources allow us to enable certain content or choices more quickly when you are playing back music).

 

5.  What Are the Legal Bases for Processing My Personal Data?

We may process your personal data because:

1. you have given us your consent to do so;
2. because we have entered into a contract with you to provide our products or services;
3. because we have a legal obligation to process the personal data; or
4. because it is necessary for us to process your personal data (legitimate interest).

 

If we process your personal data because you have given us consent to do so, you may withdraw your consent at any time. The processing of your personal data up until your consent is withdrawn will remain lawful.

If we process your personal data for our legitimate interest, we will only do so if this is necessary for us to conduct our business.

6. How Long Do We Retain Your Personal Data?

We will retain your personal data only for as long as necessary for the purposes set out in this Privacy Notice. For certain personal data we are bound by legal retention periods or retention periods necessary with a view to legal prescription periods.

After the retention period, we will delete or anonymize your personal data, unless we have another purpose to retain it. We will always only do so if we have a legal ground to retain this personal data and we will make sure that the data is only accessible for that specific purpose.

In case of a dispute between you and Masimo Consumer, we may hold your personal data for a longer period.

7. With Whom Do We Share Your Personal Data?

We share your personal data with:

• Companies within our group: Our subsidiaries, affiliates, and operating groups may have access to your personal data (per Section 2 above) for any one of the purposes listed above in Section 4.
• Third-Party Service Providers/Data Processors: Third parties that process your personal data on our behalf.  These third-parties help us to deliver our products to you (e.g., payment service providers, warehouses and delivery companies), and help us run our business (e.g., marketing agencies or website hosts, marketing communication platforms, analytics and reporting systems). For our Apps, they also provide us with the ability to store a provide music content that may be streamed from our servers to your Masimo Consumer products.
• Cookies: As stated above and in our Cookie Notice, cookies and similar tags are shared with third-parties, such as social media platforms and analytics companies, when you visit our website.
• Law enforcement/government agencies: We may be required to share your personal information in response to a subpoena, court order, government investigation, or to comply with other legal processes or obligations
• In the exercise of our legal rights: We may need to share your personal information to establish or exercise our legal rights, or in connection with a corporate transaction, such as a divesture, merger, consolidation or asset sale, or in the unlikely event of bankruptcy.

 

Third parties will only use your personal data for the purposes described above and in accordance with our instructions. We only work with processors that provide sufficient guarantees to implement appropriate technical and organizational measures, and to ensure the protection of your rights we have agreements in place governing their use of your information and their relationship with Masimo Consumer.

We may share certain anonymous data with third parties, but this will not be data that can be identified with you.  For instance, we may share information about the total number of users for a particular service or product.

We will never sell or rent your information to third parties. All communications to you will come from Masimo Consumer and its companies or brands. We will not share your information with third parties to allow them to market to you unless pursuant to a contract or you have agreed to allow us to do that.

8. How Do We Protect Your Personal Data?

We take the protection of your personal data seriously and take appropriate measures to prevent abuse, loss, misuse, unauthorized access, unwanted disclosure and unauthorized alterations. For example, we have implemented access controls, we use appropriate system and network security measures such as firewalls, encryption and patches, we protect portable devices with appropriate passwords, and all our employees are required to treat your personal data as confidential.

We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

No matter the measures we take, unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us over the internet, e-mail or other electronic communication methods and therefore you do so at your own risk.

If you have the impression that your personal data is not properly secured or there are indications of misuse, or for other questions, please contact us via the contact details as provided on top of this document.

9. What Are Your Rights?

Depending on where you live, you may have one or more of the following rights in relation to your personal data, subject to exceptions and limitations established by applicable data protection law in the country or jurisdiction you live:

• Right of access: You have the right to ask us for a copy of the data we hold about you and to learn details about how we use it. However, we may not be able to provide a copy of all details since we also respect the rights and freedoms of others. Please note that we may require you to prove your identity before providing the requested information.
• Right to rectification: You have the right to ask us to amend any of your personal data that you believe is incomplete or inaccurate.
• Right to object: You have the right to object to processing which is based on our legitimate interests. You may also ask us to stop using your personal data for marketing purposes at any time. If you do so, we will stop using your personal data for such purposes. For other purposes based on our legitimate interests, we will no longer process the personal data on that basis when you file an objection, unless we have a compelling legitimate ground for the processing. Please note that we may not be able to provide certain services or benefits if we are unable to process the necessary personal data for that purpose. 
• Right to restriction of processing: You have the right to ask us to (temporarily) stop processing your personal data, for example when we check the accuracy of your personal data.
• Right to be forgotten / right to erasure: You have the right to ask us to erase or destroy your personal data. In case we are obliged to retain certain personal data by legal or regulatory obligations, or when destruction is not possible from a technical point of view, we may not comply with your request.
• Right to data portability: You may have the right to ask to transfer your personal data to a third party of your choice. This right can only be exercised when you have provided the personal data to us, and when we are processing that data by automated means on the basis of your consent or in order to perform our obligations under a contract with you.
• Right to withdraw consent: You have the right to withdraw your consent for the processing of your personal data at any time. After the withdrawal of your consent, we will stop the processing as soon as possible. However, the withdrawal of your consent does not affect the lawfulness of the processing before consent was withdrawn. Withdrawal of your consent could also affect the provision of our products and services to you, as outlined in Sections 4 and 5 of this Privacy Notice.
• Rights relating to automated decision-making: You have the right not to be subjected to a decision based solely on automated decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you. If you have been subject to an automated decision and do not agree with the outcome, you can ask us to review the decision.

 

Note that we will have to balance your rights and your request to exercise them against our rights and obligations to process your personal data and to protect the rights and freedoms of others.

Requests and complaints may be directed to [email protected]

In case of a request, we kindly ask you to:

1. specify your name and the contact details that are relevant for your request;
2. specify the type of personal data in question;
3. specify, to the extent reasonably possible, the data system in which the personal data likely are stored;
4. show proof of your identity; and
5. in the case of requesting correction, specify the reasons why the personal data are incorrect or incomplete and how they should be corrected or completed.

 

Within four weeks after receiving the request or the objection, we will inform you in writing or by email either (i) of the action that Masimo Consumer has taken or will take in response or (ii) the ultimate date on which you will be informed of Masimo Consumer’s position on your request, which date will be no later than eight weeks after receiving your request, unless otherwise required to be sooner in your applicable country or jurisdiction.

Furthermore, you have the right to file a complaint with your local supervisory authority or data protection office as applicable to your country or jurisdiction.

10. Targeted Advertising

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).

11. Global Privacy Control (GPC) and Do Not Track Signals

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 may not respond to all DNT signals.

12. Updates to this Privacy Notice?

We may change this Privacy Notice from time to time. Any changes we may make to this Notice in the future will be posted on this page. Therefore, we recommend checking this page occasionally to see any updates or changes to this Privacy Notice. Where appropriate, we will notify you of any major changes by e-mail or in another suitable way.

13. Additional information for California residents

This section applies only to individuals who reside in the state of California in the United States (“California residents”) in compliance with the California Privacy Rights Act (CPRA).  This section applies to personal information collected through our sites and in any other way, such as when California residents visit our offices. 

Assistance For The Disabled

Alternative formats of this Privacy Notice are available to individuals with a disability.  Please contact [email protected] for assistance.

California Notice at Collection

Masimo collects the categories of personal information identified in Section 2, above, for the purposes identified in Section 4, above, and retains personal information for the period described in Section 6: “For how long do we keep your data”. 

Do not sell my personal information

We do not, and will not, sell  your personal information or disclose it to third parties for cross-context behavioral advertising.  We also do not collect or process sensitive personal information for the purpose of inferring characteristics about you. However, we do share your personal information with third-parties, for example, cookies and other tags, in a way that may be defined as a “sale” under the California Privacy Rghts Act.  To opt out of the sharing of your personal information, you (or your authorized representative) may submit a request to us by completing the Consumer request form available here.

If you are 16 years of age or older, you have the right to opt-out and direct us to not sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by e-mailing us at [email protected].

Your California Privacy Rights

Subject to applicable exceptions, California residents have the following rights under the CPRA:

• Right to Know: You have the right to submit a verifiable request for specific pieces of your personal information obtained from you and for information about Masimo’s collection, use, and disclosure of categories of your personal information.
• Right to Delete: You have the right to submit a verifiable request to delete personal information that Masimo has collected from or about you.
• Right to Correct: You have the right to submit a verifiable request to correct inaccurate personal information about you maintained by Masimo, taking into account the nature of the personal information and the purposes of processing the personal information. 

 

Non-Discrimination: Masimo will not unlawfully discriminate against you for exercising your privacy rights under the CPRA. 

How to Exercise Your California Privacy Rights

Masimo will respond to request to know, delete, and correct in accordance with applicable law if it can verify the identity of the requestor.  You can exercise these rights in the following ways:

• Call 1-888-914-9661 PIN:476536. Please be prepared to describe your request(s);
• Email: [email protected]; or
• Complete the Consumer request form available here

 

The verification we may request will reflect personal information that you have previously provided to us.

How We Will Verify Your Request

Only you, or a person authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. These requests are free, though we reserve the right to implement a reasonable fee for excessive or complex requests you may submit. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such a person.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information

Authorized Agent

If an authorized agent submits a request to know, correct, or delete on your behalf, the authorized agent must submit with the request a document signed by you that authorizes the authorized agent to submit the request on your behalf.  In addition, we may ask you to follow the applicable process described above for verifying your identity.  You can obtain an “Authorized Agent Designation” form by contacting us at [email protected].