| United States | For the Terms of Use applicable to Hong Kong. |
Effective Date: June 13, 2023
1. Introduction and Scope
Masimo’s baby monitoring device Stork™ allows our customers to care for their babies through its innovative sensor technology, cameras, mobile App, and accessories. Masimo Corporation and its affiliates and subsidiaries (“Masimo,” “we,” “us,” “our”) respect the privacy or our customers, users, and their babies (collectively referred to as, “Customers,” “you” or “your”), and are committed to protecting your personal information. This Privacy Notice explains how we collect, use, share, and otherwise process your personal information, and will help you understand your privacy rights and how to exercise them.
For information about the privacy choices you have regarding your personal information, please refer to Section 10 “Your Privacy Rights and Choices”, as well as Section 16 “Additional Jurisdiction Specific Information” below, which includes additional information about privacy rights applicable to residents of specific jurisdictions.
If you are a California resident, please read our California Privacy Notice under Section 16(A) below.
Scope. Except as otherwise noted below, this Privacy Notice applies to the personal information that Masimo processes related to parents and caretakers (“Users”) who use the Stork Services as well as personal information related to the baby (“Baby”) who is being monitored. It also applies to any other services that link to this Privacy Notice. This Privacy Notice does not apply to any Masimo devices that do not link to this Privacy Notice, or our website users.
Masimo Stork™ products and services are designed to help you to remotely monitor your baby’s sleep, movement, and vital signs during a baby’s sleep and consist of several separate product and service components:
1. Stork™ (Baby Monitor, Stork Wearable Boot) and/or related connected devices (each a “Product” and together the “Products” or “Stork Products”) which connect to each other and your mobile device via Bluetooth,
2. the Masimo Stork™ application (“Stork App”) which you can download to your mobile device, and
3. the related Stork™ services and offerings (“Stork Services”)
4. otherwise interact with us regarding the Products, App or Masimo Services on or offline (collectively the Products, App, and services, are the “Services”).
2. What Personal Information Do We Collect?
As further explained below, we collect personal information directly from you and Baby, as well as automatically related to the use of the Stork Services or other interactions with us. The personal information we collect from you and Baby depends on how you use the Stork Products and Stork Services and how you may otherwise interact or engage with us, which is why we have broken out the personal information we collect by each Service component. The Baby Monitor and Wearable Boot are both equipped with Bluetooth technology that allow these devices to communicate with each other and to wirelessly transfer the collected information described below to the Stork App.
Please note, we will collect parent or legal guardian consent in connection with collecting Baby’s personal and health information as required under applicable privacy laws.
Sources of Data Collection: Information We Collect From You and Your Baby
Stork App: When you download, register and use the Stork App, we collect the following types of personal information, which we have grouped together as follows:
(i) Wearable Boot, the App will import the information we collect for the Wearable Boot [see below]; and
(ii) Baby Monitor, the App will import the information we collect for the Baby Monitor [see below].
Baby Monitor: If you choose to use the Stork Baby Monitor, you will determine the purpose and means for which you collect video and audio recordings and data recorded through the Stork devices. Based on your configuration, we may collect the below listed types of personal information about your Baby and your use of the Baby Monitor:
Depending on the Services to which you subscribe, Masimo will store certain video/audio recordings (e.g., event triggered clips and saved recordings) on your behalf for the time determined by you and the plan you subscribe to (e.g., 7 days). However, Masimo has no general access to and will not view the video/audio recordings except to address technical issues or provide troubleshooting or customer service. As is described in greater detail below, access will be granted on a limited access and need-to-know basis with a deletion protocol on user inactivity.
The Services are intended for household/family use only. Please note that you remain responsible for ensuring compliance with any applicable privacy laws when using the Services, such as providing your visitors and caretakers with a notice of the potential audio and video recordings, and/or obtain their explicit consent. Always keep in mind that recording and sharing of video/audio that involve other people may affect their privacy rights.
REMEMBER TO TURN OFF THE VIDEO/AUDIO FUNCTION WHEN SOMEONE ELSE IS WITH THE BABY TO AVOID INADVERTENTLY RECORDING HIS/HER CONVERSATIONS.
Wearable Boot: We collect the following types of personal information when you use and connect the Stork Wearable Boot to the Baby Monitor or other Masimo connected device and register it with your Stork App User account.
Technical Device, Product and App Information:
Please note that we can only help you monitor your Baby but are not in a position to make any medical determinations or diagnoses and are not providing medical advice. You may opt out of this collection and/or receiving push notifications by changing the settings on your mobile device.
We have explained above what personal information is needed for you to use the Stork Services. Many components of the Services which capture personal information are optional and can be configured as “ON” or “OFF” as you prefer.
For ease of reference, we refer to the above groups of personal information by their respective sub-heading throughout this Privacy Notice.
3. The legal bases for processing your personal information
Masimo Stork™ 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:
The legal bases for processing of personal information other than vital signs and health information are:
Sensitive Personal Information (including “Health Data”). Where we process sensitive or special categories of personal information, especially in connection with your Baby’s vital signs and health information, we rely on your express parental consent. You have the right to withdraw your consent at any time. Such withdrawal does not affect the lawfulness of processing based on your consent prior to your withdrawal. However, if you withdraw your consent, we will no longer be able to provide you with the Stork Services. In extenuating circumstances, such as where the processing is necessary to exercise and defend legal claims, the legal basis of processing special categories of personal information may be another legal basis set forth under applicable law.
4. For What Purposes Do We Process Your Personal Data?
We collect, use, disclose and otherwise process the categories of personal information listed above for the purposes described below:
· Customization and personalization. To tailor content we may send or display within the Services, including to personalize your experiences of the Stork App and Services, such as by setting language preferences and time zones based on you location. (Legal Bases: Consent; Legitimate Interest)
5. With Whom Do We Share Your Personal Information?
We do not and will not sell your personal information. To provide our Services to you and for the reasons described above in Section 4, we may disclose the personal information that we collect to:
· Other Caretakers and Third Parties You Choose. Depending on your configuration, if you choose to provide access to your Baby’s profile and other personal information to additional caretakers, this personal information including video clips, live video feeds, images, captions, and comments, will be shared with your selected caretakers (e.g., grandparents or nannies) that access the Services with their user accounts.
Please note: Because your authorized caretakers may control and view your Stork Products and content of the associated Baby profiles, we encourage you to be mindful and to add only trusted third parties to the Services. This is an optional service and shared only at your request through the options you choose.
In addition to the above, we may also disclose your personal information to:
· Regulators, public entities, law enforcement, and others. We may disclose personal information where necessary to comply with applicable law, protect the security and integrity of the Services and business, or protect or defend our legal rights and the rights and safety of others. For example:
o To regulators, government entities, and public bodies in response to subpoenas, court orders, and other lawful requests, including responding to national security or law enforcement disclosure requirements.
o To public authorities, law enforcement or other third parties, in order to defend ourselves against a legal claim or to establish or protect our legal rights, to protect the integrity of our Services, or respond to prevent, detect, investigate and respond to fraud, unauthorized activities and access, illegal activities, misuse of the services, and situations involving potential threats to the health, safety or legal rights of any person or third party.
o To advisors, third party providers and related entities in the context of legal claims or proceedings in which we are involved or in support of our internal accounting, auditing, compliance, recordkeeping, and legal functions.
6. Anonymous and Aggregated Data
We may also use and disclose anonymous, aggregated, or other non-identifiable information related to the Services for quality control, analytics, research, development, and other similar purposes.
7. Retention
In general, we store Baby and your personal information for as long as is necessary to provide you with our Services, or as required by applicable law. Otherwise, if you are no longer using Stork Products or the Stork App, or have been inactive (e.g., not logged into Stork App) for 12 consecutive months we will permanently delete your account and the personal information we hold about you. Any previously anonymized or aggregated data that is not identifiable to Baby or you may be retained.
You can also delete Baby or Your personal information at any time by using the “Delete Account” function on the Stork App. When you use this function, all of Baby and your personal information that we hold will be permanently deleted immediately. It is your responsibility to delete any locally saved personal data and to ask those with whom you have shared your personal information to delete any personal information that they may have saved locally.
Please note, we may be legally required to retain some personal information about you. Therefore, if we are legally obligated to retain any of your personal information, we will retain those until we are no longer legally required to keep them in compliance with applicable law (e.g., for tax purposes, legal compliance requirements, litigation, etc.).
8. How We Protect Baby and Your Personal Information
We have taken steps intended to protect the personal information we collect from loss, misuse, and unauthorized access and processing, including entering into data protection agreements with our service providers and encrypting personal information in transit and at rest. In addition, all video/audio information is restricted access to our employees only, and certain employees who manage our IT infrastructure. Access is granted on a limited access only and on a need-to-know basis. Moreover, as stated in Section 7 “Retention” above, we will permanently delete Baby and your personal information if you have been inactive for 12 consecutive months or any time at your request.
Please note that we have endeavored to create a secure and reliable experience, the confidentiality or accuracy of any communication or material transmitted to or from us over the Internet and wireless connections cannot be guaranteed. In addition, it is your responsibility to safeguard the username and password that you use to access your Stork account, and to notify us immediately at the contact information provided in Section 15 “Contact Us” below if you ever suspect that your username or password has been compromised.
9. Children’s Personal Information
Although we collect personal information about your Baby, our Products and Services are not specifically targeted at children. We only collect personal information about your Baby with your consent, i.e., the consent of a parent or legal guardian.
10. Your Privacy Rights and Choices
Residents of certain jurisdictions may have rights under applicable data privacy and protection laws. These rights may include:
· Right to Correct: to correct inaccurate personal data, taking into account the nature and purposes of the processing of the personal data.
· Right to Delete: to delete personal data provided to or obtained by us.
· Right of Access: to confirm whether we are processing personal data and to obtain a copy of personal data in a portable and, to the extent technically feasible, readily usable format.
· Right to Opt Out: to opt out of certain types of processing, including:
o to opt out of the “sale” of personal data by Masimo.
o to opt out of the use and disclosure of personal data for the purposes of targeted advertising (i.e., cross-contextual behavioral advertising).
o to opt out of processing (if any) of personal data for purposes of making decisions that produce legal or similarly significant effects.
o to opt out of certain uses and disclosures of sensitive personal data by us.
Please check Section 16 “Additional Jurisdiction Specific Information” to see if these rights apply to you and how you can exercise these rights.
11. Stork Account and Privacy Settings
You can access, review, edit, and delete most personal information through your Stork account, including information collected or generated by the Stork Wearable Boot or captured by the Stork Baby Monitor. You can also submit a request to access, delete or correct your personal information by emailing us at privacy@masimoconsumer.com or by submitting your request using the webform available here.
You can add or remove any additional caretakers or persons with whom you have share your Baby’s personal information, including managing their access to the Stork account, video/audio, and your personal information by logging into your Stork account and adjusting the settings of your user account.
12. Marketing
Opting out of marketing. You may opt out of marketing emails at any time by using the unsubscribe option in the marketing email we send to you. If you have a Stork User account you may also opt out of or change your preferences for marketing emails in your account settings. If you opt out of direct marketing communications, we may, to the extent permitted by applicable law, still send you non-promotional communications, such as those about your account or our ongoing business relationship.
13. Data Transfers
As a global company, Masimo operates the Stork Services with the assistance of affiliated and unaffiliated service providers that may be in jurisdictions other than the jurisdiction where you reside. You should be aware that the laws of these countries may not provide the same level of protection for your personal information as the laws in your home country. Where required by law, we have taken measures to ensure that your personal data receives an equivalent level of data protection in the recipient country. We do this by, for example, entering into appropriate data transfer agreements and performing data protection assessments of data transfer arrangements as appropriate.
14. Effect of this Privacy Notice; Changes
This Privacy Notice is current as of the “Effective Date” 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, and disclosure of your personal information by us. We may revise this Privacy Notice from time to time and will make the revised document available here. If we make material changes to how we collect, use, and disclose the personal information we have previously collected about you, we will endeavor to provide you with prior notice, such as by emailing you or alerting you through the Stork App. Where required by applicable law, we will also obtain your consent before processing your personal data for any purpose incompatible with the purposes stated in this Notice.
15. Contact Us
If you have any privacy-related inquiries or questions about this Privacy Notice, please contact our privacy department at privacy@masimoconsumer.com. To exercise any privacy rights you may have under applicable privacy laws, please submit a request using our online webform available here.
16. ADDITIONAL JURISDICTION SPECIFIC INFORMATION
A. California Privacy Notice
This section applies only to individuals who reside in the state of California in the United States (“California residents”) in compliance with the California Consumer Privacy Act as amended by the California Privacy Rights Act (CPRA). This section applies to personal information collected through the Stork App. For purposes of this section, “you” or “your” refers to you and your Baby.
Assistance For The Disabled
Alternative formats of this Privacy Notice are available to individuals with a disability. Please contact privacy@masimoconsumer.com for assistance.
California Notice at Collection
Masimo collects the categories of personal information identified in Section 2, above, for the purposes identified in Section 4, above, and retains personal information for the retention period described in Section 6 above.
Do Not Sell My Personal Information
We do not, and will not, sell your personal information or disclose it to third parties for cross-context behavioral advertising. However, we do share your personal information with third parties, for example, through cookies and other tags, in a way that may be defined as a “sale” under the CPRA. To opt out of the sharing of your personal information, you (or your authorized representative) may submit a request to us by completing the consumer request form available here.
If you are 16 years of age or older, you have the right to opt-out and direct us to not sell your personal information at any time. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by e-mailing us at privacy@masimoconsumer.com.
Your California Privacy Rights
Subject to applicable exceptions, California residents have the following rights under the CPRA:
· Right to Know: You have the right to submit a verifiable request for specific pieces of your personal information obtained from you and for information about Masimo’s collection, use, and disclosure of categories of your personal information.
· Right to Delete: You have the right to submit a verifiable request to delete personal information that Masimo has collected from or about you.
· Right to Correct: You have the right to submit a verifiable request to correct inaccurate personal information about you maintained by Masimo, taking into account the nature of the personal information and the purposes of processing the personal information.
Non-Discrimination: Masimo will not unlawfully discriminate against you for exercising your privacy rights under the CPRA.
How to Exercise Your California Privacy Rights
Masimo will respond to requests to know, delete, and correct in accordance with applicable law if we can verify the identity of the requestor. You can exercise these rights in the following ways:
· Call 1-888-914-9661 PIN:476536. Please be prepared to describe your request(s);
· Email: privacy@masimoconsumer.com; or
· Complete the Consumer request form available here
The verification we may request will reflect personal information that you have previously provided to us.
How We Will Verify Your Request
Only you, or a person authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your Baby.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. These requests are free, although we reserve the right to implement a reasonable fee for excessive or complex requests you may submit. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative of such a person.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information
Authorized Agent
If an authorized agent submits a request to know, correct, or delete on your behalf, the authorized agent must submit with the request a document signed by you that authorizes the authorized agent to submit the request on your behalf. In addition, we may ask you to follow the applicable process described above for verifying your identity. You can obtain an “Authorized Agent Designation” form by contacting us at privacy@masimoconsumer.com.
Contact Us
Please refer to Section 15 above.