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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 privacy@masimoconsumer.com 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. 

Oude Stadsgracht 1, 5611 DD Eindhoven, NL

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 EU 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 privacy@masimoconsumer.com 

 

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 EU residents 

Will your personal data be transferred outside the European Economic Area? 

To deliver our products and services, it is sometimes necessary for us to share
your personal data with parties outside the European Economic Area (EEA), for
example: 

 

 * with our subsidiaries, affiliates, offices or group members; 
 * with our service provider or data processors; 
 * with you, if you are based outside the EEA; or 
 * where there is an international dimension to the products or services that we
   are providing to you. 

 

Masimo Consumer may store your personal data in a cloud. This means that your
personal data may be processed on behalf of Masimo Consumer by a cloud service
provider and that this data could be stored at different locations around the
world. Masimo Consumer makes use of organizational measures and endeavors to
enter contracts with third parties to protect your personal data and to impose
similar but in no way less restrictive requirements on our cloud services
providers. These requirements also entail that your personal data will be
processed exclusively for the purposes as mentioned above. 

 

When transferring your personal data to our companies or third parties outside
the EEA, we ensure a similar degree of protection of personal data as required
by the GDPR, by implementing at least one of the following safeguards: 

 

 * Adequate Countries: We will transfer your personal data to countries that
   have been deemed to provide an adequate level of protection for personal data
   by the European Commission, such as for transfers to the UK; or 
 * Approved Transfer Mechanisms: If we transfer your personal data to a country
   that is not covered by an adequacy decision of the European Commission or
   where no derogations for specific transfers apply, we will protect your
   personal data through European Commission approved Standard Contractual
   Clauses, an intragroup data transfer agreement, or equivalent mechanisms.
   These ensure that third parties with whom we share your personal data adhere
   to the same standards of protection as they do within the EEA. Where
   necessary, we will take additional measures to safeguard the transfer of your
   personal data. 

 








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