Terms of Use and Privacy Notices

Masimo SafetyNet Alert™ Terms of Use

 

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/nodejs

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/mqttjs

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

https://github.com/winstonjs/winston-daily-rotate-file

https://github.com/Leonidas-from-XIV/node-xml2js

Masimo SafetyNet Alert Privacy Notice

 

We, Masimo, provide this Privacy Notice to explain how we process personal data when you use the Masimo SafetyNet Alert mobile application (“SafetyNet Alert App”) and rights you may have under applicable privacy laws. If you are in Canada, “Masimo” refers to Masimo Americas, Inc., 52 Discovery, Irvine CA 92618, USA. If you are in the European Economic Area (EEA), Switzerland or the United Kingdom (UK) (collectively, the “EEA+”), then: (i) “Masimo” refers to Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria; and (ii) please also have a look at the Supplemental EEA+ Privacy Notice further below. We use the term “personal data” to mean data about an identified or identifiable individual.

What Personal Data Do We Collect?

The categories of personal data that we collect include your name, registration information (which you enter yourself when you download and activate the SafetyNet Alert App), the settings you choose (including with whom you wish to share information and their contact information) and information collected from any devices you connect with the SafetyNet Alert App including health data such as oxygen saturation (“O2”) levels and pulse rate and perfusion index. You are under no obligation to provide us with the data we ask you for. However, if you do not provide your personal data, you will not be able to use the SafetyNet Alert App. Please obtain the consent of your contacts before inputting their personal data into the SafetyNet Alert App. If the provision of your personal data is mandated by law, we will inform you of this separately.

From Whom Do We Collect Personal Data?

We may collect your 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/.

Supplemental EEA+ Privacy Notice

We, Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria, provide this Supplemental EEA+ Privacy Notice to users of the SafetyNet Alert App located in the EEA, Switzerland and UK. In this Supplemental EEA+ Privacy Notice, references to the “GDPR” are references to the General Data Protection Regulation as it applies in the country where you are located. If you are located in the EEA, the EU GDPR applies to the processing of your personal data. As a result of the UK’s departure from the EU, the EU GDPR has been incorporated into the domestic laws of the UK, known as the “UK GDPR”. If you are located in the UK, the UK GDPR applies to the processing of your personal data. If you are located in Switzerland, the provisions of the Swiss Federal Data Protection Act (the “FDPA”) apply to you. References to the GDPR below shall be interpreted analogously for the purposes of applying the FDPA.

Who is the Data Controller?

Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Wien, Austria. You can contact its data protection officer at privacy@masimo.com. Its UK GDPR representative is Masimo Europe Limited, Matrix House, Basing View, Basingstoke - Hampshire RG21 4DZ.

What are the Legal Bases of Processing?

For health data, the legal basis of processing is your express consent per Article 9(2)(a) GDPR. Health data is considered a special category of personal data. You have the right to withdraw your consent at any time. Such withdrawal does not affect the lawfulness of processing based on your consent before your withdrawal. However, after such withdrawal, we will no longer be able to provide the SafetyNet Alert App. In extenuating circumstances, such as where the processing is necessary to protect the data subject’s vital interests or to establish, exercise and defend legal claims, the legal basis of processing special categories of personal data may be another legal basis set forth under Article 9(2) GDPR.

The legal bases for processing of personal data which is not health data are:

  • The performance of the contract you entered into for the use of the SafetyNet Alert App (i.e., Masimo's SafetyNet Alert Terms of Use), per Article 6(1)(b) GDPR.
  • The pursuit of legitimate interests per Article 6(1)(f) GDPR—it is in our legitimate interests to provide good service, ensure the security of our services, and analyze how users access and use our services so that we can further develop and improve them.
  • Compliance with our legal obligations per Article 6(1)(c) GDPR.

On What Basis Do We Transfer Personal Data Across Borders?

With your explicit consent, we transfer data to selected individuals and healthcare providers who may be within or outside the European Economic Area, Switzerland or UK, depending on your choices. Moreover, Masimo operates the SafetyNet Alert App with the assistance of affiliated and unaffiliated service providers in the EEA+ and the United States on servers and systems in the EEA+ and the United States. Masimo Corporation in the United States is an affiliated service provider. We only transfer your personal data to countries where the European Commission, Switzerland or UK (as applicable) has decided that they have an adequate level of data protection or we take measures to ensure that all recipients provide an adequate level of data protection. We do this for example by entering into appropriate data transfer agreements based on Standard Contractual Clauses and performing data protection assessments of data transfer arrangements as appropriate. Data transfer agreements are accessible upon request by contacting us at the details shown further above.

Your Rights

In the EEA+, you have the following rights, subject to the conditions under the GDPR and/or local data protection law: (a) to object, on grounds relating to your particular situation, to the processing of your personal data by us; (b) to obtain from us confirmation as to whether your personal data is being processed, and, where that is the case, to request access to details about how we process your personal data and copies of the personal data; (c) to obtain from us the rectification of inaccurate personal data concerning you; (d) to ask us to erase your personal data to the extent it is not required for legally required purposes; (e) to request restriction of processing of your personal data , in which case, it would be marked and processed by us only for certain purposes; (f) to receive your personal data which you have provided to us in a structured, commonly used and machine-readable format and you have the right to transmit the personal data to another entity without hindrance from us; and (g) to lodge a complaint with a supervisory authority (only for EEA and UK).

You may view a list of supervisory authorities in the EU and their respective contact information here: https://edpb.europa.eu/about-edpb/board/members_en. You may view the UK supervisory authority's contact information here: https://ico.org.uk/global/contact-us/. You may view the Swiss Federal Data Protection and Information Commissioner's contact information here: https://www.edoeb.admin.ch/edoeb/en/home.html. In some jurisdictions such as France and Portugal, you also have the right to provide Masimo with guidelines as to the processing of your personal data after your death. You can exercise your rights by contacting us via email at privacy@masimo.com or by mail at Masimo Österreich GmbH, Mariahilfer Straße 136, 1150 Vienna, Austria.

PLCO-005191/PLMM-12075A-0721