Last updated: July 26, 2021
IMPORTANT – PLEASE READ CAREFULLY
These Terms of Use (“Terms”) govern use of the Masimo SafetyNet Alert™ system which consists of a wrist-strapped Bluetooth® chip (“Chip”), a fingertip sensor (“Sensor”), a base station that captures oxygen saturation (“O2”) levels and pulse rate and perfusion index from the sensor (the “Bedside Station”) and the Masimo SafetyNet mobile application (the “App”). The Chip, Sensor and Bedside Station are collectively referred to in these Terms as the “Device”, and the Device and App, and any part of the Device and App, shall be collectively referred to in these Terms as the “System”.
You accept these Terms and form a legally enforceable contract with us, Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria (“Masimo”), when you click the “I ACCEPT” button below or when you download, install, or use the App, or when you use the System. You understand and agree that the App includes third-party software, and your use of third-party software will be and is governed by the relevant terms of the third-party licenses set forth in Schedule A. The third-party software provider grants the third-party licenses directly to you, and such licenses are not a part of these Terms. Do not click “I ACCEPT” or use the System if you are under 18 years of age or do not agree to any of these Terms; under such circumstances, Masimo does not permit you to use the System. Use without permission may constitute intellectual property infringement, computer abuse and a violation of criminal laws.
How the System Works
The System can detect if your O2 levels drop below certain limits. Low O2 levels for too long a period may be a serious risk to individuals. The System can be set up to notify you and people that you designate when your O2 levels drop below these limits (“Emergency Contacts”). Emergency Contacts might include your family members, friends, or caregivers. The System can also monitor pulse rate and perfusion index.
The System is used in conjunction with your supported mobile device to communicate with a network of servers that stores and analyzes your data, and triggers notifications based on how you set up the System. Please read all the information that comes with the Device packaging and inside the App. This includes the user manual and all product inserts. These materials contain instructions on how to use the System, its limitations, and important safety information.
CAUTION
The System is a medical device and monitoring system. It is meant to be used in addition to, and not as a replacement for, other steps and safety measures to consider depending on your situation. These include following the directions of your health care professional. Not using the System correctly could result in the System not providing accurate measurements or any measurement at all. It could also mean you and your Emergency Contacts may not be notified as to your condition. This could result in severe bodily injury or death.
Masimo does not guarantee that Wi-Fi and Internet connections are always available and working. It is important to understand there are limitations with using any medical device. You must take reasonable precautions in addition to using the System.
Before using the System, you must read and agree to all of the following:
Privacy. The System will store your personal information. This includes your name, phone number, email address, password, physical address, contact information of your Emergency Contacts, and health data measured by the System. This information will be stored on a cloud-based storage and computing system hosted by Masimo, or a company we choose. Masimo will not have access to this information, except as detailed in these Terms. If you choose to allow it, the System will send your information to a third party (Emergency Contacts) when it detects certain events. For more information about how Masimo uses your personal data when you use the System and your rights, please see below. We may also collect your personal information if you access our website or other services. The collection, storage, and sharing of your personal information through our website and other services will be in accordance with Masimo’s Privacy Notice located at https://www.masimo.com/company/masimo/privacy.
Risk of System Failure. The System requires the Sensor and Chip to be connected wirelessly to the Bedside Station using Bluetooth®. The Bedside Station needs to be connected to a power outlet and be actively connected to Wi-Fi with working Internet access. If there is a loss of power to the Bedside Station, or if the wireless connection between the Sensor/Chip to the Bedside Station or Bedside Station to the Internet is lost, the System will not operate properly. These possible failures (among others) are why you should not rely solely on the System and have other ways of monitoring and reacting to changes in your O2 levels, pulse rate and perfusion index.
Emergency Contact Permission and Failure to Designate Emergency Contacts. You have the option in the App to provide contact information for Emergency Contacts to be sent notifications if your O2 levels fall too low for too long. As further detailed in Section 2 below (User Requirements), you agree that, (i) you have permission from the Emergency Contact to use this information, (ii) the Emergency Contact has agreed to receive the notifications and to respond to them, (iii) the contact information for the Emergency Contact is accurate and up to date, and (iv) you trust the Emergency Contact with the information contained in the notifications. Masimo is not responsible for any action or failure to act by any Emergency Contact you choose to notify. Further, the System features that send notifications to your Emergency Contacts require you to actively opt in to these features and take steps to set them up in the App. If you do not opt in to these features and take these steps, no one will be contacted to come to your aid if your O2 levels drop too low for too long and only you will be responsible for seeking help.
Responder Mistakes. The System only contacts your Emergency Contacts based on how you set up the System. Masimo cannot control and is not responsible for their actions or failures to act. Masimo cannot and does not guarantee that they will respond in a timely manner or at all.
No Medical Advice. Masimo does not offer any medical, clinical or diagnostic information, advice, or opinions as part of the System. The System will not remind you to take any medication, and it is not a substitute for medical care from a health care professional. Before using the System, you should consult with your health care professional. Make sure you understand how the System works, its limitations, and what other procedures and precautions you should take in addition to the System.
We may terminate the Terms at any time if you violate the Terms and after we have given you any prior notice that may be required by applicable law. We may also terminate the Terms, subject to giving a minimum of six months’ prior notice, where it is no longer economically feasible for us to operate the System. You may terminate these Terms at any time by no longer using the System.
TERMS OF USE
1. The System. The System monitors a user’s oxygen saturation (“O2”) levels, pulse rate, and perfusion index O2 levels that are too low for too long a period of time may be a serious risk to individuals. When O2 levels reach this point, the System can be used as an escalating notification system to first notify the user, and then notify the user’s Emergency Contacts for possible intervention. While the O2 thresholds that trigger a notification cannot be changed, the user decides in advance whether to include Emergency Contacts as part of their notification escalation. A System user may also choose not to notify anyone other than themselves when an event occurs. When a user has included Emergency Contacts as part of their notification escalation, they will still have the opportunity to resolve the situation on their own and bring their O2 levels back up to the normal range. If the user is unable to do so or does not turn the alarm off within a set period of time, the System is designed to automatically notify the user’s Emergency Contacts.
All the components are designed to work together as a system. It is your responsibility to only use Masimo-supplied components and software and your supported mobile device with the System. From time to time, Masimo may approve the use of third-party manufactured or supplied components, software, and/or accessories. You should only use the System with Masimo-manufactured or supplied components, software, and/or accessories or other items that are specifically approved by Masimo to be used with the System. Using any unapproved components, software, and/or accessories (including unsupported mobile devices) may cause the System to fail, work improperly, measure O2 levels, pulse rate, and perfusion index inaccurately, or cause serious bodily injury or death.
You understand that Masimo is only providing a monitoring device and system. Masimo is not a health care professional nor does it provide medical or health care advice or services. The System is not a replacement for proper medical care, and you agree that you are solely responsible for obtaining proper treatment for your conditions. You acknowledge and agree that you will continue to use any and all monitoring procedures and other precautions you used or would use if the System was not available.
2. User Requirements. To effectively use and benefit from all of the features of the System, you must (i) obtain the Sensor, Chip and Bedside Station, (ii) download the App to your supported mobile device, (iii) follow the instructions to set up a user account, (iv) decide to include and then input the contact information of Emergency Contacts to receive notifications from the System, and (v) connect the Bedside Station to a reliable Wi-Fi network with a working Internet connection. You must set up all these things correctly for all of the System features to work. Masimo is not responsible for any data charges you incur through your cellular or Internet service provider. When you input information into the App, it is critical that you (a) provide accurate, current, and complete information; and (b) update information as needed to keep it accurate, current, and complete at all times. In the absence of any negligence or other breach of duty by Masimo, you assume any risk for failing to comply with these critical requirements. You are responsible for maintaining the confidentiality of your account user name, email address, and password while this information is under your control, and agree to immediately notify Masimo of any unauthorized use of your account, or any other breach of security that you become aware of.
Before you enter the contact information of your Emergency Contacts in the App, you agree to obtain their permission to give Masimo access to their name, email address, phone numbers, and any other user-created descriptions for them. You also agree to obtain their permission to receive notifications from the System. This is critical to make sure that (i) they agree to be notified if the System alarm is triggered and they agree to help you as they are able, (ii) they understand you are providing their personal information to Masimo, and (iii) they may be charged by their phone service carrier for any text message notifications sent to them by the System. Masimo is not responsible for these data charges.
3. Changes. From time to time, Masimo may make changes to the System or to its features and operation. These changes may include adding new features and functions that may include additional fees to use them, if so agreed with you separately in advance. Masimo will give you reasonable advance notice of any changes, where that notice may be through the App. If we wish to make any changes that include additional fees, we will not implement such changes unless you have specifically consented to them.
4. Limitation of Liability. Nothing in these Terms is intended to exclude or limit the liability of Masimo for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, willful misconduct or any liability that cannot be excluded by law. Masimo is not responsible for losses that were not caused by Masimo’s breach of these Terms. Masimo is not responsible for the actions or inactions of anyone you designate to receive notices from the System. This would include, without limitation, a failure to respond in a timely manner, any medical intervention that the person may or may not provide, or any other malpractice or negligence that may result from their actions or failures to act. Further, Masimo will not be liable for any property damage caused by the person when they respond to a notification from the System. Masimo shall also not be held liable for delay or failure in performance resulting from causes beyond Masimo’s reasonable control.
5. Limited Rights. On the condition that you accept and comply with these Terms, Masimo grants you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free and limited right to (i) install and use the App, in object code version, on your supported mobile device for your personal use solely in accordance with its operator’s manual, product inserts, and other documentation included with it and (ii) use Masimo’s and its affiliates’ intellectual property embodied in the System solely for your personal use in accordance with its user manual, product inserts, and other documentation included with it. Masimo reserves ownership and all other rights not expressly granted in these Terms.
6. Termination. We may terminate the Terms at any time if you violate the Terms and after we have given you any prior notice that may be required by applicable law. We may also terminate the Terms, subject to giving a minimum of six months’ prior notice, where it is no longer economically feasible or aligned with our business objectives for us to operate the System. You may terminate these Terms at any time by no longer using the System.
7. Third-Party Licenses. You understand and agree that, although provided to you by Masimo with the App, your use of third-party software will be and is governed by the relevant terms of the third-party licenses set forth on Schedule A. If there is a conflict between these Terms and the provisions of such licenses with respect to third-party software, the provisions of such licenses will prevail to the extent of the conflict. The third-party software provider grants the third-party licenses directly to you, and such licenses are not a part of these Terms.
8. Choice of Law. These Terms and any disputes arising out of or related to these Terms or the System (“Dispute”) shall be governed by the mandatory provisions of the law of your country of residence or domicile. Individuals who use the System for personal, family or household purposes or as consumers are entitled to bring proceedings before the courts or consumer boards of their place of residence or domicile. Masimo does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers, other than those to which consumers are legally entitled to apply. For consumers in the European Economic Area, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.
Our information:
Company Name: Masimo Österreich GmbH
Registered Address: Mariahilfer Straße 36, 1150 Wien
Registered Seat in: Vienna, Austria
Registered Under Registration Number: 330266 k
Registered in the Commercial Register of the Commercial Court of: Vienna, Austria
Tax Number: ATU65378977
Tel: +43 (0)1 533 7361
Fax: +43 (0)1 533 7152
Email: info-austria@masimo.com
SCHEDULE A
THIRD PARTY SOFTWARE
This Schedule A contains hyperlinks to information about third-party licenses for the App. These licenses apply only with respect to the software supplied by the named third party. You understand and agree that, although provided to you by Masimo with the App, your use of third-party software will be and is governed by the relevant terms of the third-party licenses. The third-party software provider grants the third-party licenses directly to you, and such licenses are not a part of these Terms.
Bedside Station
https://github.com/espressif/esp-idf
Android
Apache Commons:
https://mvnrepository.com/artifact/commons-io/commons-io/2.5
https://mvnrepository.com/artifact/commons-codec/commons-codec/
Retrofit: https://square.github.io/retrofit/
Okhttp: https://square.github.io/okhttp/
Fusesource Mqtt: https://github.com/fusesource/mqtt-client
Project Lombok: https://projectlombok.org/setup/gradle
RxJava2 + Android: https://github.com/ReactiveX/RxAndroid/tree/2.x
SLF4J Log: https://mvnrepository.com/artifact/org.slf4j/slf4j-android/1.7.7
Google Lib PhoneNumber: https://github.com/google/libphonenumber
CircleImageView: https://github.com/hdodenhof/CircleImageView
EasySwipeMenuLayout: https://github.com/anzaizai/EasySwipeMenuLayout
Glide: https://github.com/bumptech/glide
SlidingNumberPicker: https://github.com/sephiroth74/NumberSlidingPicker
ZXing “Zebra Crossing” Barcode Scanning: https://github.com/zxing/zxing
iOS
SlideMenuControllerSwift: https://github.com/AtomicSLLC/SlideMenuControllerSwift
MBProgressHUD:
https://github.com/matej/MBProgressHUDGifu:
https://github.com/kaishin/Gifu
IQKeyboardManagerSwift: https://github.com/hackiftekhar/IQKeyboardManager
UIWindowTransitions: https://github.com/litt1e-p/UIWindow-Transition
PhoneNumberKit: https://github.com/marmelroy/PhoneNumberKit
ReactiveCocoa: https://github.com/ReactiveCocoa/ReactiveCocoa
ReactiveSwift: https://github.com/ReactiveCocoa/ReactiveSwift
XCGLogger: https://github.com/DaveWoodCom/XCGLogger
R.swift: https://github.com/mac-cain13/R.swift
Firebase: https://github.com/firebase/firebase-ios-sdk
GooglePlaces: https://cocoapods.org/pods/GooglePlaces
BlueSocket: https://github.com/Kitura/BlueSocket
Alamofire: https://github.com/Alamofire/Alamofire
SwiftProtobuf: https://github.com/protocolbuffers/protobuf
Quick: https://github.com/Quick/Quick
Nimble: https://github.com/Quick/Nimble
Cloud
OpenJDK 11: https://openjdk.java.net/projects/jdk/11/
DropWizard Metrics:: https://github.com/dropwizard/metrics
Jackson: https://github.com/FasterXML/jackson-core
Vert.x : https://github.com/eclipse-vertx/vert.x
vertx-kafka-client: https://github.com/vert-x3/vertx-kafka-client
vertx-mqtt-client: https://github.com/vert-x3/vertx-mqtt
vertx-dropwizard-metrics: https://github.com/vert-x3/vertx-dropwizard-metrics
vertx-rx-java2: https://vertx.io/docs/vertx-rx/java2/
SLF4J: http://www.slf4j.org/download.html
ActiveMQ plugins: https://github.com/apache/activemq
Apache Kafka Client : https://github.com/apache/kafka
MongoDB Client: https://github.com/mongodb/mongo-java-driver
Apache Commons Lang3 : https://github.com/apache/commons-lang
Spring Security: https://github.com/spring-projects/spring-security
Amazon SDK: https://github.com/aws/aws-sdk-java
Project Lombok: https://github.com/rzwitserloot/lombok
OkHTTP : https://github.com/square/okhttp
JJWT: https://github.com/jwtk/jjwt
Google Protobuf: https://github.com/protocolbuffers/protobuf
https://github.com/sideway/joi
https://github.com/cthackers/adm-zip
https://github.com/logicalparadox/apnagent
https://github.com/archiverjs/node-archiver
https://github.com/caolan/async
https://github.com/aws/aws-sdk-js
https://github.com/axios/axios
https://github.com/dcodeIO/bcrypt.js
https://github.com/petkaantonov/bluebird
https://github.com/expressjs/body-parser
https://github.com/expressjs/compression
https://www.npmjs.com/package/connect-mongo
https://github.com/expressjs/cookie-parser
https://github.com/brix/crypto-js
https://github.com/adaltas/node-csv
https://github.com/iuccio/csvToJson
https://github.com/date-fns/date-fns
https://github.com/expressjs/express
https://github.com/expressjs/session
https://github.com/C2FO/fast-csv
https://github.com/aheckmann/gm
https://github.com/googleapis/google-auth-library-nodejs
https://github.com/Deishelon/google-play-billing-validator
https://github.com/theoephraim/node-google-spreadsheet
https://jasmine.github.io/api/3.6/global
https://github.com/michaelkourlas/node-js2xmlparser
https://github.com/auth0/node-jsonwebtoken
https://github.com/auth0/node-jwks-rsa
https://github.com/kopipejst/just.randomstring
https://github.com/dominictarr/map-stream
https://github.com/expressjs/method-override
https://github.com/moment/moment
https://github.com/Automattic/mongoose
https://github.com/lowol/mongoose-query-paginate
https://github.com/expressjs/morgan
https://github.com/expressjs/multer
https://github.com/Blizzard/node-rdkafka
https://github.com/aacerox/node-rest-client
https://github.com/nodemailer/nodemailer
https://github.com/jshttp/proxy-addr
https://github.com/theKashey/rewiremock
https://github.com/expressjs/serve-favicon
https://github.com/socketio/socket.io
https://github.com/twilio/twilio-node
https://github.com/faisalman/ua-parser-js
https://github.com/jashkenas/underscore
https://github.com/3rd-Eden/useragent
https://github.com/validatorjs/validator.js
https://github.com/winstonjs/winston
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 personaldata 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/.
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:
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.
Last updated: July 26, 2021
IMPORTANT – PLEASE READ CAREFULLY
These Terms of Use (“Terms”) govern use of the Masimo SafetyNet Alert™ system which consists of a wrist-strapped Bluetooth® chip (“Chip”), a fingertip sensor (“Sensor”), a base station that captures oxygen saturation (“O2”) levels and pulse rate and perfusion index from the sensor (the “Bedside Station”) and the Masimo SafetyNet mobile application (the “App”). The Chip, Sensor and Bedside Station are collectively referred to in these Terms as the “Device”, and the Device and App, and any part of the Device and App, shall be collectively referred to in these Terms as the “System”.
You accept these Terms and form a legally enforceable contract with us, Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria (“Masimo”), when you click the “I ACCEPT” button below or when you download, install, or use the App, or when you use the System. You understand and agree that the App includes third-party software, and your use of third-party software will be and is governed by the relevant terms of the third-party licenses set forth in Schedule A. The third-party software provider grants the third-party licenses directly to you, and such licenses are not a part of these Terms. Do not click “I ACCEPT” or use the System if you are under 18 years of age or do not agree to any of these Terms; under such circumstances, Masimo does not permit you to use the System. Use without permission may constitute intellectual property infringement, computer abuse and a violation of criminal laws.
How the System Works
The System can detect if your O2 levels drop below certain limits. Low O2 levels for too long a period may be a serious risk to individuals. The System can be set up to notify you and people that you designate when your O2 levels drop below these limits (“Emergency Contacts”). Emergency Contacts might include your family members, friends, or caregivers. The System can also monitor pulse rate and perfusion index.
The System is used in conjunction with your supported mobile device to communicate with a network of servers that stores and analyzes your data, and triggers notifications based on how you set up the System. Please read all the information that comes with the Device packaging and inside the App. This includes the user manual and all product inserts. These materials contain instructions on how to use the System, its limitations, and important safety information.
CAUTION
The System is a medical device and monitoring system. It is meant to be used in addition to, and not as a replacement for, other steps and safety measures to consider depending on your situation. These include following the directions of your health care professional. Not using the System correctly could result in the System not providing accurate measurements or any measurement at all. It could also mean you and your Emergency Contacts may not be notified as to your condition. This could result in severe bodily injury or death.
Masimo does not guarantee that Wi-Fi and Internet connections are always available and working. It is important to understand there are limitations with using any medical device. You must take reasonable precautions in addition to using the System.
Before using the System, you must read and agree to all of the following:
Privacy. The System will store your personal information. This includes your name, phone number, email address, password, physical address, contact information of your Emergency Contacts, and health data measured by the System. This information will be stored on a cloud-based storage and computing system hosted by Masimo, or a company we choose. Masimo will not have access to this information, except as detailed in these Terms. If you choose to allow it, the System will send your information to a third party (Emergency Contacts) when it detects certain events. For more information about how Masimo uses your personal data when you use the System and your rights, please see below. We may also collect your personal information if you access our website or other services. The collection, storage, and sharing of your personal information through our website and other services will be in accordance with Masimo’s Privacy Notice located at https://www.masimo.com/company/masimo/privacy.
Risk of System Failure. The System requires the Sensor and Chip to be connected wirelessly to the Bedside Station using Bluetooth®. The Bedside Station needs to be connected to a power outlet and be actively connected to Wi-Fi with working Internet access. If there is a loss of power to the Bedside Station, or if the wireless connection between the Sensor/Chip to the Bedside Station or Bedside Station to the Internet is lost, the System will not operate properly. These possible failures (among others) are why you should not rely solely on the System and have other ways of monitoring and reacting to changes in your O2 levels, pulse rate and perfusion index.
Emergency Contact Permission and Failure to Designate Emergency Contacts. You have the option in the App to provide contact information for Emergency Contacts to be sent notifications if your O2 levels fall too low for too long. As further detailed in Section 2 below (User Requirements), you agree that, (i) you have permission from the Emergency Contact to use this information, (ii) the Emergency Contact has agreed to receive the notifications and to respond to them, (iii) the contact information for the Emergency Contact is accurate and up to date, and (iv) you trust the Emergency Contact with the information contained in the notifications. Masimo is not responsible for any action or failure to act by any Emergency Contact you choose to notify. Further, the System features that send notifications to your Emergency Contacts require you to actively opt in to these features and take steps to set them up in the App. If you do not opt in to these features and take these steps, no one will be contacted to come to your aid if your O2 levels drop too low for too long and only you will be responsible for seeking help.
Responder Mistakes. The System only contacts your Emergency Contacts based on how you set up the System. Masimo cannot control and is not responsible for their actions or failures to act. Masimo cannot and does not guarantee that they will respond in a timely manner or at all.
No Medical Advice. Masimo does not offer any medical, clinical or diagnostic information, advice, or opinions as part of the System. The System will not remind you to take any medication, and it is not a substitute for medical care from a health care professional. Before using the System, you should consult with your health care professional. Make sure you understand how the System works, its limitations, and what other procedures and precautions you should take in addition to the System.
We may terminate the Terms at any time if you violate the Terms and after we have given you any prior notice that may be required by applicable law. We may also terminate the Terms, subject to giving a minimum of six months’ prior notice, where it is no longer economically feasible for us to operate the System. You may terminate these Terms at any time by no longer using the System.
TERMS OF USE
1. The System. The System monitors a user’s oxygen saturation (“O2”) levels, pulse rate, and perfusion index O2 levels that are too low for too long a period of time may be a serious risk to individuals. When O2 levels reach this point, the System can be used as an escalating notification system to first notify the user, and then notify the user’s Emergency Contacts for possible intervention. While the O2 thresholds that trigger a notification cannot be changed, the user decides in advance whether to include Emergency Contacts as part of their notification escalation. A System user may also choose not to notify anyone other than themselves when an event occurs. When a user has included Emergency Contacts as part of their notification escalation, they will still have the opportunity to resolve the situation on their own and bring their O2 levels back up to the normal range. If the user is unable to do so or does not turn the alarm off within a set period of time, the System is designed to automatically notify the user’s Emergency Contacts.
All the components are designed to work together as a system. It is your responsibility to only use Masimo-supplied components and software and your supported mobile device with the System. From time to time, Masimo may approve the use of third-party manufactured or supplied components, software, and/or accessories. You should only use the System with Masimo-manufactured or supplied components, software, and/or accessories or other items that are specifically approved by Masimo to be used with the System. Using any unapproved components, software, and/or accessories (including unsupported mobile devices) may cause the System to fail, work improperly, measure O2 levels, pulse rate, and perfusion index inaccurately, or cause serious bodily injury or death.
You understand that Masimo is only providing a monitoring device and system. Masimo is not a health care professional nor does it provide medical or health care advice or services. The System is not a replacement for proper medical care, and you agree that you are solely responsible for obtaining proper treatment for your conditions. You acknowledge and agree that you will continue to use any and all monitoring procedures and other precautions you used or would use if the System was not available.
2. User Requirements. To effectively use and benefit from all of the features of the System, you must (i) obtain the Sensor, Chip and Bedside Station, (ii) download the App to your supported mobile device, (iii) follow the instructions to set up a user account, (iv) decide to include and then input the contact information of Emergency Contacts to receive notifications from the System, and (v) connect the Bedside Station to a reliable Wi-Fi network with a working Internet connection. You must set up all these things correctly for all of the System features to work. Masimo is not responsible for any data charges you incur through your cellular or Internet service provider. When you input information into the App, it is critical that you (a) provide accurate, current, and complete information; and (b) update information as needed to keep it accurate, current, and complete at all times. In the absence of any negligence or other breach of duty by Masimo, you assume any risk for failing to comply with these critical requirements. You are responsible for maintaining the confidentiality of your account user name, email address, and password while this information is under your control, and agree to immediately notify Masimo of any unauthorized use of your account, or any other breach of security that you become aware of.
Before you enter the contact information of your Emergency Contacts in the App, you agree to obtain their permission to give Masimo access to their name, email address, phone numbers, and any other user-created descriptions for them. You also agree to obtain their permission to receive notifications from the System. This is critical to make sure that (i) they agree to be notified if the System alarm is triggered and they agree to help you as they are able, (ii) they understand you are providing their personal information to Masimo, and (iii) they may be charged by their phone service carrier for any text message notifications sent to them by the System. Masimo is not responsible for these data charges.
3. Changes. From time to time, Masimo may make changes to the System or to its features and operation. These changes may include adding new features and functions that may include additional fees to use them, if so agreed with you separately in advance. Masimo will give you reasonable advance notice of any changes, where that notice may be through the App. If we wish to make any changes that include additional fees, we will not implement such changes unless you have specifically consented to them.
4. Limitation of Liability. Nothing in these Terms is intended to exclude or limit the liability of Masimo for death or personal injury, fraud, fraudulent misrepresentation, gross negligence, willful misconduct or any liability that cannot be excluded by law. Masimo is not responsible for losses that were not caused by Masimo’s breach of these Terms. Masimo is not responsible for the actions or inactions of anyone you designate to receive notices from the System. This would include, without limitation, a failure to respond in a timely manner, any medical intervention that the person may or may not provide, or any other malpractice or negligence that may result from their actions or failures to act. Further, Masimo will not be liable for any property damage caused by the person when they respond to a notification from the System. Masimo shall also not be held liable for delay or failure in performance resulting from causes beyond Masimo’s reasonable control.
5. Limited Rights. On the condition that you accept and comply with these Terms, Masimo grants you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free and limited right to (i) install and use the App, in object code version, on your supported mobile device for your personal use solely in accordance with its operator’s manual, product inserts, and other documentation included with it and (ii) use Masimo’s and its affiliates’ intellectual property embodied in the System solely for your personal use in accordance with its user manual, product inserts, and other documentation included with it. Masimo reserves ownership and all other rights not expressly granted in these Terms.
6. Termination. We may terminate the Terms at any time if you violate the Terms and after we have given you any prior notice that may be required by applicable law. We may also terminate the Terms, subject to giving a minimum of six months’ prior notice, where it is no longer economically feasible or aligned with our business objectives for us to operate the System. You may terminate these Terms at any time by no longer using the System.
7. Third-Party Licenses. You understand and agree that, although provided to you by Masimo with the App, your use of third-party software will be and is governed by the relevant terms of the third-party licenses set forth on Schedule A. If there is a conflict between these Terms and the provisions of such licenses with respect to third-party software, the provisions of such licenses will prevail to the extent of the conflict. The third-party software provider grants the third-party licenses directly to you, and such licenses are not a part of these Terms.
8. Choice of Law. These Terms and any disputes arising out of or related to these Terms or the System (“Dispute”) shall be governed by the mandatory provisions of the law of your country of residence or domicile. Individuals who use the System for personal, family or household purposes or as consumers are entitled to bring proceedings before the courts or consumer boards of their place of residence or domicile. Masimo does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers, other than those to which consumers are legally entitled to apply. For consumers in the European Economic Area, the European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/.
Our information:
Company Name: Masimo Österreich GmbH
Registered Address: Mariahilfer Straße 36, 1150 Wien
Registered Seat in: Vienna, Austria
Registered Under Registration Number: 330266 k
Registered in the Commercial Register of the Commercial Court of: Vienna, Austria
Tax Number: ATU65378977
Tel: +43 (0)1 533 7361
Fax: +43 (0)1 533 7152
Email: info-austria@masimo.com
SCHEDULE A
THIRD PARTY SOFTWARE
This Schedule A contains hyperlinks to information about third-party licenses for the App. These licenses apply only with respect to the software supplied by the named third party. You understand and agree that, although provided to you by Masimo with the App, your use of third-party software will be and is governed by the relevant terms of the third-party licenses. The third-party software provider grants the third-party licenses directly to you, and such licenses are not a part of these Terms.
Bedside Station
https://github.com/espressif/esp-idf
Android
Apache Commons:
https://mvnrepository.com/artifact/commons-io/commons-io/2.5
https://mvnrepository.com/artifact/commons-codec/commons-codec/
Retrofit: https://square.github.io/retrofit/
Okhttp: https://square.github.io/okhttp/
Fusesource Mqtt: https://github.com/fusesource/mqtt-client
Project Lombok: https://projectlombok.org/setup/gradle
RxJava2 + Android: https://github.com/ReactiveX/RxAndroid/tree/2.x
SLF4J Log: https://mvnrepository.com/artifact/org.slf4j/slf4j-android/1.7.7
Google Lib PhoneNumber: https://github.com/google/libphonenumber
CircleImageView: https://github.com/hdodenhof/CircleImageView
EasySwipeMenuLayout: https://github.com/anzaizai/EasySwipeMenuLayout
Glide: https://github.com/bumptech/glide
SlidingNumberPicker: https://github.com/sephiroth74/NumberSlidingPicker
ZXing “Zebra Crossing” Barcode Scanning: https://github.com/zxing/zxing
iOS
SlideMenuControllerSwift: https://github.com/AtomicSLLC/SlideMenuControllerSwift
MBProgressHUD:
https://github.com/matej/MBProgressHUDGifu:
https://github.com/kaishin/Gifu
IQKeyboardManagerSwift: https://github.com/hackiftekhar/IQKeyboardManager
UIWindowTransitions: https://github.com/litt1e-p/UIWindow-Transition
PhoneNumberKit: https://github.com/marmelroy/PhoneNumberKit
ReactiveCocoa: https://github.com/ReactiveCocoa/ReactiveCocoa
ReactiveSwift: https://github.com/ReactiveCocoa/ReactiveSwift
XCGLogger: https://github.com/DaveWoodCom/XCGLogger
R.swift: https://github.com/mac-cain13/R.swift
Firebase: https://github.com/firebase/firebase-ios-sdk
GooglePlaces: https://cocoapods.org/pods/GooglePlaces
BlueSocket: https://github.com/Kitura/BlueSocket
Alamofire: https://github.com/Alamofire/Alamofire
SwiftProtobuf: https://github.com/protocolbuffers/protobuf
Quick: https://github.com/Quick/Quick
Nimble: https://github.com/Quick/Nimble
Cloud
OpenJDK 11: https://openjdk.java.net/projects/jdk/11/
DropWizard Metrics:: https://github.com/dropwizard/metrics
Jackson: https://github.com/FasterXML/jackson-core
Vert.x : https://github.com/eclipse-vertx/vert.x
vertx-kafka-client: https://github.com/vert-x3/vertx-kafka-client
vertx-mqtt-client: https://github.com/vert-x3/vertx-mqtt
vertx-dropwizard-metrics: https://github.com/vert-x3/vertx-dropwizard-metrics
vertx-rx-java2: https://vertx.io/docs/vertx-rx/java2/
SLF4J: http://www.slf4j.org/download.html
ActiveMQ plugins: https://github.com/apache/activemq
Apache Kafka Client : https://github.com/apache/kafka
MongoDB Client: https://github.com/mongodb/mongo-java-driver
Apache Commons Lang3 : https://github.com/apache/commons-lang
Spring Security: https://github.com/spring-projects/spring-security
Amazon SDK: https://github.com/aws/aws-sdk-java
Project Lombok: https://github.com/rzwitserloot/lombok
OkHTTP : https://github.com/square/okhttp
JJWT: https://github.com/jwtk/jjwt
Google Protobuf: https://github.com/protocolbuffers/protobuf
https://github.com/sideway/joi
https://github.com/cthackers/adm-zip
https://github.com/logicalparadox/apnagent
https://github.com/archiverjs/node-archiver
https://github.com/caolan/async
https://github.com/aws/aws-sdk-js
https://github.com/axios/axios
https://github.com/dcodeIO/bcrypt.js
https://github.com/petkaantonov/bluebird
https://github.com/expressjs/body-parser
https://github.com/expressjs/compression
https://www.npmjs.com/package/connect-mongo
https://github.com/expressjs/cookie-parser
https://github.com/brix/crypto-js
https://github.com/adaltas/node-csv
https://github.com/iuccio/csvToJson
https://github.com/date-fns/date-fns
https://github.com/expressjs/express
https://github.com/expressjs/session
https://github.com/C2FO/fast-csv
https://github.com/aheckmann/gm
https://github.com/googleapis/google-auth-library-nodejs
https://github.com/Deishelon/google-play-billing-validator
https://github.com/theoephraim/node-google-spreadsheet
https://jasmine.github.io/api/3.6/global
https://github.com/michaelkourlas/node-js2xmlparser
https://github.com/auth0/node-jsonwebtoken
https://github.com/auth0/node-jwks-rsa
https://github.com/kopipejst/just.randomstring
https://github.com/dominictarr/map-stream
https://github.com/expressjs/method-override
https://github.com/moment/moment
https://github.com/Automattic/mongoose
https://github.com/lowol/mongoose-query-paginate
https://github.com/expressjs/morgan
https://github.com/expressjs/multer
https://github.com/Blizzard/node-rdkafka
https://github.com/aacerox/node-rest-client
https://github.com/nodemailer/nodemailer
https://github.com/jshttp/proxy-addr
https://github.com/theKashey/rewiremock
https://github.com/expressjs/serve-favicon
https://github.com/socketio/socket.io
https://github.com/twilio/twilio-node
https://github.com/faisalman/ua-parser-js
https://github.com/jashkenas/underscore
https://github.com/3rd-Eden/useragent
https://github.com/validatorjs/validator.js
https://github.com/winstonjs/winston
Last Updated: November 20, 2023
Masimo Corp. and its affiliates and subsidiaries (“Masimo,” “we,” “us,” “our”), provides this Privacy Notice in connection with the Masimo Halo™ mobile App and the Masimo SafetyNet Alert device (the “Device”) to explain how we collect, use, disclose and otherwise process the personal data of the users (“you,” and “your”) of the Masimo Halo™ mobile application (“Halo App” or the “App”) and rights you may have under applicable privacy laws related to your personal data.
1. What Personal Data Do We Collect?
As further described below, we collect personal data directly from you, automatically from your use of the Halo App, and from third parties whose personal information you share in the App.
You are under no obligation to provide us with the requested personal information. However, if you do not provide the requested information, you will not be able to use the Halo App since our services are directly related to processing such information.
The categories of personal data we collect through your use of the Halo App include the following categories and types of personal data:
2. From What Sources Do We Collect Personal Data?
We may collect your personaldata from (i) you directly, (ii) Masimo devices that you connect with the Halo App, and (iii) automatically when you access, install, navigate through, interact with, or otherwise use the Halo App.
3. What Are the Legal Bases for Processing Your Personal Data?
Masimo SafetyNet Alert is available and used globally. Most data protection laws require that we inform you of the legal bases for processing your personal data, which laws may vary depending on the country or state of residence. Pursuant to such applicable data protection laws, we process your personal data generally on the legal bases set forth below:
However, please note that once you withdraw your consent, you will not be able to use the Halo App services because processing your personal data is necessary for and directly related to the services provided by the Halo App and the Device. Withdrawal of consent shall not affect the processing of any data that is based on another legal basis, i.e., items (ii) through (v) below.
4. For What Purposes Do We Process Your Personal Data?
In general, we collect, use, disclose, and otherwise process your personal data as necessary to:
5. To Whom Do We Disclose Personal Data?
We may disclose the personal data to the following:
6. How Long Do We Retain Personal Data?
In general, we store personal data for as long as is necessary to provide you with the services and functionality of the Halo App and will otherwise be deleted. In addition, if you are no longer using the App or the device, or you have been inactive (e.g., not logged into the Halo App) for 12 consecutive months we will permanently delete your account and the personal data we hold about you. Any previously anonymized or aggregated data that is not identifiable to you may be retained.
Please note, we may be legally required to retain some personal data about you. Therefore, if we are legally obligated to retain any of your personal data we will retain those until we are no longer legally required to keep them in compliance with applicable law (e.g., legal proceedings or basis, judicial requirements, for tax purposes, for legal compliance, audits, etc.).
7. How Do We Protect Your Personal Data?
We have taken the appropriate organizational, technical, and administrative measures to protect the personal data we collect from loss, misuse, and unauthorized processing. This includes, among other things, entering into data protection agreements with our service providers/processors and encrypting personal data in transit and at rest. However, please note that while we make every effort to create a secure and reliable experience for users, the confidentiality or accuracy of any communication or material transmitted to or from us over the Internet cannot be guaranteed. It is your responsibility to safeguard the username and password that you use to access the App, including sharing this information with your designated third parties, and to notify us immediately if you ever suspect that your username or password has been compromised. You can use the information in the “Contact Us” section below to notify us.
8. Your Rights
a) Applicable Rights: Depending on where you reside, you may have the following rights, subject to the conditions and limitations under applicable local data privacy and protection laws:
b) Ways to Exercise Your Rights: We make available several ways you can exercise your rights and submit privacy requests related to your personal data. These include:
For additional information on how Masimo processes personal data outside the context of the Halo App, please see our General Privacy Notice.
9. Cross-Border Data Transfers
To provide you with the services and functionalities of the Device and associated App, Masimo and its data processors may transfer your personal information to other countries where we, our affiliates, subsidiaries, and data processors have operations, including the transfer and storage of your personal data to an AWS cloud server located in the Germany. Some of those countries may not have the same level of data protection as your home country. In such situations, we will take steps to ensure that your personal data receives the required adequate level of protection, including through appropriate written data processing agreements, data transfer agreements and/or through other mechanisms legally acceptable according to applicable local law, including your consent to the transfer.
As described in the Consent sections above, you can always withdraw your consent to transfer your personal data. However, if you withdraw your consent, we may not be able to provide you with all available Device and App services and the functionalities of your Device and App may be limited.
10. Effect of this Privacy Notice; Changes
This Privacy Notice is current as of the Last Updated date set forth above and applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use, storage, and disclosure of your personal data by us. We may revise this Privacy Notice from time to time and will make the revised document available through the Halo App and update the “Last Updated” date above. If we make material changes to how we collect, use, store, and disclose the personal data we have previously collected about you, we will endeavor to provide you with prior notice, such as by emailing you or posting a prominent notice on our website or within the Halo App.
11. Children
Our Services are not specifically designed for children. We only collect personal data about children with the consent of their parent or legal guardian. You must be at least 18 years of age to use the Masimo SafetyNet Alert device and associate Halo App. Children under the age of 18 may only use Masimo’s hardware products and associated App on instructions, under the supervision, and with the consent, of their parent or legal guardian.
Contact Us
If you have any privacy-related inquiries or questions regarding this Privacy Notice, please contact our privacy department at privacy@masimo.com. To exercise any rights you may have under this Privacy Notice, please submit a request using on of the methods described above in Section 8(b) above.
PLCO-005191/PLMM-12075A-0721