WASHINGTON CONSUMER HEALTH PRIVACY NOTICE

WASHINGTON CONSUMER HEALTH PRIVACY NOTICE

Last updated:  June 1, 2024

This Washington Consumer Health Privacy Notice (“WA Privacy Notice”) provides Washington residents whose consumer health data is collected in the State of Washington (“Washington Consumer(s),”“you,” or “your”) with additional information about how Masimo Corporation and its affiliates and subsidiaries (“Masimo,” “we,” “our,” “us”) collect, use, and share your health data when you: (1) access or use our websites; (2) access or use our Apps or devices; or (3) communicate or otherwise engage with us about our products and services (collectively, the “Services”), and how to exercise rights that Washington Consumers may have under Washington’s My Health, My Data Act (MHMDA”).

If you are a Washington Consumer, this WA Privacy Notice applies to you. In the event of a conflict between any other Masimo privacy policy, statement or notice and this WA Privacy Notice, this WA Privacy Notice will prevail as to Washington Consumers’ “consumer health data” (as the term “consumer health data” is defined in the MHMDA) and rights under Washington laws.

This WA Privacy Notice does not reflect our processing of health data that is not subject to the such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or publicly available information.  It also does not apply to Masimo job applicants and candidates, employees, personnel and independent contractors, whose personal information is subject to other applicable privacy notices.

The purpose of this WA Privacy Notice is to give you notice about the categories of consumer health data Masimo collects about you and the purposes for which the consumer health data is collected, used, and shared, and to notify you of how you can exercise your rights with respect to your consumer health data.  

1. Categories of Consumer Health Data Collected

While our processing of “consumer health data” (as defined by the MHMDA) varies based upon our relationship and interactions with you, the below generally identifies the categories of consumer health data that we collect about Washington Consumers.

• Health-related conditions. For example, we may collect such health data through the use of certain health-related monitoring devices when you purchase or use a Masimo device, and/or create an account. Providing such information is voluntary and you may edit or delete any such information at any time through your account.
• Social, psychological, behavioral, and medical interventions. For example, we may collect such health data through the use of certain health-related monitoring devices when you purchase or use a Masimo device, and/or create an account. Providing such information is voluntary and you may edit or delete any such information at any time through your account.
• Bodily functions, vital signs, symptoms, or measurements of information. Depending on the Masimo health-related monitoring device or Services, this may include vital signs, such as heart/pulse rate, oxygen saturation, movement, sleep, temperature, and current/past trends regarding these metrics collected by the device or Services.
• Other information that may be used to infer or derive data related to the above or other health information. Such as inferences derived from any of the information identified above that profiles about an individual regarding their health data for example, information obtained from tracking technologies on our websites.

De-identified Data. As permitted by MHMDA, we may also collect, use, and share de-identified data related to our business and the Services for quality control, development for research, marketing, analytics and other purposes, provided such information does not identify a particular individual. Where we use or disclose de-identified data, we will maintain and use the information in de-identified form and not attempt to reidentify the information, except as otherwise permitted under applicable law.

2. Sources of Consumer Health Data

In general, we may collect the categories of consumer health data identified in Section 1 above from the following categories of sources:

• Directly from you, for example, when completing a purchase, creating an account for use of the Services, use Masimo products, or participating in a Masimo sponsored event.
• Automatically, for example, we automatically collect device and technical information such as IP address, device ID, and device type when you access, visit, install, navigate through, interact with, or otherwise use the Services.
• Online Advertising Networks.
• Masimo websites : When you visit our websites and accept our use of cookies and other tracking technologies, we may collect identifiers from online advertising networks that may have this information. For more information, on our use of the technologies and choices you have about our use of cookies and related technologies, please read our Cookie Notice.
• Mobile Applications for Masimo products : For mobile applications of Masimo products, we do not collect any consumer health data from any online advertising networks because we do not deploy any cookies and related technologies on these mobile applications.

3. Purposes of Collection, Use, and Sharing of Consumer Health Data

We collect and use the above consumer health data for the following purposes:

• As necessary to provide you with a product or service that you requested from us, such as to:
• Provide you with and operate the Masimo products and Services, related services, and manage your relationship with us, to process your payments and orders, and for similar service and support purposes.
• Customize and tailor our communications to you and personalize your experiences, for example within the products and Services.
• Send you information about our Services, such as offers, promotions, newsletters and other content and other information that you request or consent to receive. 

• With your consent, such as:
• For advertising and marketing purposes.
• To administer surveys and questionnaires, such as for market research or member satisfaction purposes.

• Security and protection of rights, such as to:
• Prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any activity that is illegal under Washington state law or federal law;
• Preserve the integrity or security of systems; and
• Investigate, report, or prosecute those responsible for any such action that is illegal under Washington state law or federal law.
• Administer our general business, auditing, compliance, recordkeeping, and legal functions, including to operate our business in compliance with applicable laws, respond to legal process, and exercise our legal rights, and for ensuring the secure and reliable operation of our products and Services, troubleshooting, and improving our products, and other essential business operations that support the provision of our products and Services, such as analyzing our performance.
• Consider or take steps to enter and implement a reorganization, restructuring, merger, acquisition or transfer of assets (“Business Transfer”) and give effect to that Business Transfer.

4. Sharing of Consumer Health Data

We may share your consumer health data identified in Section 1 for the purposes described above with the following categories of third parties and specific Masimo affiliates:

• Vendors and service providers who perform services for us. These may include, but are not limited to, advisors and agents, analytics providers, internet service providers, operating systems and platforms, and legal counsel.
• Affiliates and subsidiaries. Consumer health data may be processed by our affiliates and subsidiaries who will use and share consumer health data in accordance with the principles of this WA Privacy Notice. These affiliates include: DEI Sales, Inc.
• Third party platforms, providers and networks that we work with .
• Masimo websites:  When you visit our websites we may share your health data in the form of cookies, pixels and other tracking type technologies with online advertising networks. For more information, on our use of the technologies and the choices you have about our use of cookies and related technologies, please read our Cookie Notice 
• Mobile Applications for Masimo products:  For mobile applications of Masimo products, we do not share your consumer health data with third parties.

• Third party individuals with whom you voluntarily choose to share your consumer health data, such as health care providers and professionals or caretakers.
• Third parties, such as government agencies and law enforcement, in response to legal process or other third parties as necessary to protect Masimo, our users and the public or as legally required.
• Financial institutions and payment processors, when you make a purchase or enter into a financial transaction.
• Other third parties as necessary to provide the Services or products you requested, or to acquiring entities or advisors as part of an mergers, acquisitions or similar type of Business Transactions.

5. How to Exercise Your Rights

Under the MHMDA, subject to certain exceptions, you may have the right to access or delete consumer health data about you or receive a list of third parties and affiliates with whom your consumer health data was shared.  You also may have the right, subject to certain exceptions, to withdraw consent relating to the use and sharing of your consumer health data. To exercise these rights with respect to your consumer health data, email us at [email protected] or submit your request through our online privacy request form. When you submit a request, we will need to verify your identity before processing your request, which may require us to request additional information from you. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

Should we deny your request, you may appeal our denial within a reasonable period of time after your receipt of the decision by contacting us at [email protected]. If your appeal is unsuccessful, you may contact the Washington State Attorney General to submit a complaint at www.atg.wa.gov/file-complaint.

If you have any privacy-related inquiries or questions about this Privacy Notice, please contact our privacy department at [email protected].