Last updated: July 26, 2021
IMPORTANT – PLEASE READ CAREFULLY
These Terms of Use are a legally enforceable contract between you and Masimo Americas, Inc. (“Masimo”). They govern your use of the Masimo SafetyNet Alert™ system (the “System”). It is important that you read these Terms of Use. They will help you understand how the System works, its limitations, and the risks you assume by using it. They also affect your privacy rights. You must be at least the age of majority in your province or territory of residence to use the System. This applies whether you are using the System for yourself or others.
When you click the “I ACCEPT” button below or when you download, install, or use the mobile application (the “App”), or when you use the System, or any part of the System or service, you are agreeing to be legally bound by these terms and conditions. You will also be legally bound to any third party terms and conditions that apply to your use of the System, including any applicable third party licenses.
How the System Works
The System can detect if your oxygen saturation (“O2”) levels drop below certain limits. Low O2 levels for too long a period are a serious risk to individuals. The System can be set up to notify you and people that you designate when your 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 consists of a wrist-strapped Bluetooth® chip (“Chip”), a fingertip sensor (“Sensor”), and a base station that captures O2 levels from the sensor (the “Bedside Station”) (the Chip, the Sensor and the Bedside Station, collectively the “Device”) and the App which displays O2 levels. 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 while monitoring your O2 levels. These include following the directions of your health care professional. Not using the System correctly could result in the System not providing an accurate O2 measurement 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 1) the System will operate error-free; 2) you are able to use it properly; (3) Wi-Fi and Internet connections are always available and working; or (4) the System is fail-safe or foolproof. 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. As detailed in Section 4 below (Privacy Notice), 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 monitoring 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 of Use. If you choose to allow it, the System will send your information to a third party (Emergency Contacts) when it detects certain events. Your information will be encrypted and protected by a set of controls for protecting this kind of information, but there is no guarantee that your information won’t be “hacked” or otherwise breached. By using the System, you agree to assume these risks.
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. As further detailed in Section 6 below (Disclaimer of Warranties), you agree not to rely solely on the System. You also assume the risk that the System may fail.
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 does not assume responsibility for any action or failure to act by any Emergency Contact you choose to notify. Masimo expressly disclaims this responsibility. 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.
Emergency Contacts’ Actions. 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.
No Medical Advice. As further detailed in Section 6 below (Disclaimer of Warranties), 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.
Masimo reserves the right to change these Terms of Use at any time and for any reason. These changes will take effect when the “Last Updated” date of these Terms of Use changes, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the App after the date the revised Terms are posted. If you don’t agree with any change, your only option is to stop using the System.
TABLE OF CONTENTS
1. The System
3. Changes
8. Sole Remedy and Allocation of Risk
10. Ownership
11. Restrictions
12. Updates
13. No Support
16. Use Restrictions
17. Termination
19. Miscellaneous
TERMS OF USE
1. The System. The System monitors a user’s oxygen saturation (“O2”) levels. 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. 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 choose not to escalate to notify any Emergency Contacts. When a user has included Emergency Contacts as part of their notification escalation, they may still cancel the Emergency Contacts notification escalation by bringing their O2 levels back up to normal range or turning off the Bedside Station alarm within a set time. If the user is unable to do either, 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) will void the limited warranty and may cause the System to fail, work improperly, measure O2 levels inaccurately, or cause serious bodily injury or death. You assume the risk of using the System with unapproved components, software, and/or accessories.
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. You assume any risk for failing to comply with these critical requirements. This includes but is not limited to any bodily harm or death that results from, or any legal claim that may arise out of incorrect setup, providing incorrect contact information or providing it without permission. You are responsible for maintaining the confidentiality of your account user name, email address, and password and agree to immediately notify Masimo of any unauthorized use of your account, or any other breach of security.
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. Masimo will notify you of any changes, where that notice may be through the App. The use of these new features and functions is subject to these Terms of Use and any additional fees. If any change is not acceptable to you, your options are to stop using the System or not use these new features and functions. Your continued use of the System after the changes are posted means that you accept the changes and any contract terms related to them, including incurring any related charges.
4. Privacy Notice. By providing your personal information to Masimo or allowing the App to use the location services feature of your phone, you are giving Masimo and its service providers permission to collect and use the information in connection with your use of the System. You are also agreeing that Masimo may collect, store, and share your personal information in accordance with Masimo’s Privacy Notice located at https://www.masimo.com/company/masimo/privacy. Further, you are agreeing that Masimo may provide your Emergency Contacts the information contained in the notifications.
5. Limited Warranty. Masimo warrants to the original purchaser of the Device, for the warranty period, that any new hardware or sensor component (properly identified by Masimo’s trademark and trade dress) included with the Device will be free from defects in material and workmanship, as long as used in accordance with its directions for use and subject to the limitations below. The warranty period begins on the purchase date and continues: (i) for a period of one (1) year for the Chip and the Bedside Station and (ii) for the Sensor, until the end of the specified battery life or the expiration date, both as listed on the packaging, whichever occurs first. To the extent permitted by law, Masimo’s sole obligation under this limited warranty is the repair or replacement, at its option, of the defective component. Any replacement component will be warranted for the remainder of the original warranty period or 30 days from the date of replacement, whichever is longer, or for any additional period of time that may be required by applicable law. To request a replacement under warranty, the original purchaser must contact Masimo and obtain a Return Merchandise Authorization so that Masimo can track the component. Masimo may require an original purchase receipt. If Masimo determines that a component must be replaced under warranty, it will be replaced and the cost of return shipment to the purchaser covered. All other shipping costs must be paid by purchaser unless prohibited by law. This warranty is in addition to any statutory rights provided to the purchaser under applicable laws and regulations of the region in which the product was sold to the extent that those rights cannot be disclaimed or superseded by the above described warranty under applicable laws and regulations of the region in which the product was sold.
The limited warranty above does not apply to any (a) software that is embedded or provided or used with the Device (including without limitation the App) or to any component of the Device that was: (i) not new or in its original packaging when supplied to purchaser; (ii) modified; (iii) used with components, accessories (including unsupported mobile devices), or software not supplied or approved for use by Masimo; (iv) disassembled or repaired by anyone other than a person authorized by Masimo; (b) normal wear and tear; or (c) damage resulting from accident, misuse, abuse, or negligence or failure to use the System in accordance with the instructions; or (d) any non-Masimo product even if included or sold with the System.
6. Disclaimer of Warranties. Except as expressly provided in these Terms of Use or where prohibited by applicable law, the System is provided “as is”. For the avoidance of doubt, this disclaimer applies to any software embedded, or provided or used with the System (including without limitation the App) and any network on which the user operates the System. There is no other warranty or condition provided for the System of any kind, whether express, implied, or statutory. This includes, without limitation, any implied warranties or conditions of non-infringement, merchantability, fitness for a particular purpose, satisfactory quality, or reasonable care. Neither Masimo nor its licensors represent or warrant that the System, (i) will satisfy your requirements, (ii) is without defect or error, or (iii) will operate timely, uninterrupted or error free. Masimo does not warrant the accuracy of any results obtained from the use of the System. You understand and agree that any download of the App for use on your mobile device is at your own discretion and risk and that you will be solely responsible for any damages to your mobile device or loss of data that may result. Under no circumstances will Masimo be liable to any user on account of (a) disruption or delays to the user’s Internet or other network connection; (b) compatibility of the App with the user’s mobile device or (c) that user’s use or misuse or reliance on the System. Some jurisdictions do not allow certain disclaimers or limitations of warranties, so some of these may not apply to you.
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. The System is only to be used as an additional tool to monitor your O2 levels under the direction of your healthcare provider. 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.
Masimo does not warrant and 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.
7. Limitation of Liability. To the maximum extent permitted by law, in no event will Masimo, its licensors, or affiliates be liable for any special, incidental, indirect, consequential, or punitive damages, or damages for loss of profits whatsoever, including without limitation, loss or corruption of data, data breach, business interruption, loss of information, or any other pecuniary loss. This covers whether the claim or damages are based on warranty, contract, tort (including negligence), extra-contractual liability, strict liability or any other legal theory, even if a party has been advised of the possibility of such damages. Further, to the maximum extent permitted by law, in no event will Masimo’s entire liability to you or any other party for any loss or damage resulting from any claims, demands or actions arising out of these Terms of Use or from your use of or inability to use the System, exceed the amount actually paid or payable by you for the use of the System. Because some jurisdictions do not allow the exclusion or limitation of liability, the above limitations may not apply to you. In these jurisdictions, the liability of Masimo, its licensors, and affiliates will be limited to the greatest extent permitted by law. This section will survive the termination of these Terms of Use.
8. Sole Remedy and Allocation of Risk. Your sole and exclusive remedy and Masimo’s sole and exclusive liability are set forth in these Terms of Use. You acknowledge and agree that these Terms of Use define a mutually agreed-upon assignment and allocation of risk.
9. Limited License. Subject to your compliance with these Terms of Use, Masimo grants you a non-exclusive, non-transferable, revocable, non-sublicensable, and limited license for the term hereof (i) to install and use the App on your supported mobile device for your personal, non-commercial use only in accordance with these Terms of Use and the System user manual, product inserts, and other documentation included with it and (ii) to use the System solely for your personal, non-commercial use in accordance with these Terms of Use and the System user manual, product inserts, and other documentation included with it. Any breach by you of these Terms of Use automatically revokes the limited license granted in this Section.
10. Ownership. You acknowledge that the System (including, without limitation, the Device and the App, and all component parts therein, modifications and updates thereto, and derivative works arising therefrom, whether existing now or in the future) and all intellectual property pertaining thereto or arising therefrom (including but not limited to, trade secrets, patents, copyrights, and trademarks, whether registered or not), are owned by Masimo and/or its licensors. The structure, sequence and organization of the App are the valuable trade secrets, copyrighted works, and confidential information of Masimo and/or its licensors. The App is protected by copyright, including, without limitation, by United States copyright law, international treaty provisions and applicable laws in the country in which it is used. You acknowledge that Masimo, and/or its licensors, retain the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the System (including, without limitation, the Device and the App, and all component parts therein, modifications and updates thereto, and derivative works arising therefrom, whether existing now or in the future). You will take no actions which adversely affect Masimo’s intellectual property rights in the System or the component parts therein, modifications/updates thereto, or derivative works arising therefrom. These Terms of Use provide a limited license for non-commercial use and do not constitute an agreement for sale or an assignment of intellectual property rights. No title to, or ownership of, the System (including without limitation the Device and the App and component parts therein, modifications and updates thereto, and derivative works arising therefrom), or any intellectual property rights subsisting therein, is transferred to you. Masimo and its licensors reserve all rights not expressly granted to you in these Terms of Use.
11. Restrictions. The System is licensed solely for your personal use, and any other use, including for third parties, is expressly prohibited. Without limiting the generality of the foregoing, you may not nor may you permit any other party to: (i) make copies of any software (including the App) used in or with the System, (ii) disassemble, decompile, reverse engineer, or translate any part of the System, or otherwise attempt to reconstruct or discover the source code of any software used in or with the System, except and only to the extent that such activity is expressly permitted by applicable law, (iii) modify or create derivative works based upon the System or any software used in or with the System, (iv) externally distribute, sublicense, resell, encumber or otherwise transfer any software used in or with the System, (v) rent, lease, lend, or use any software used in or with the System, or any part thereof, for timesharing or bureau use, (vi) allow a third party to copy, access, or use any software used in or with the System (except as expressly provided in these Terms of Use), (vi) alter or remove any copyright, trademark or other proprietary notice or technological protection measure which may appear in the App or on the Device or in any part of the System, (vii) take any action that would cause any software used in or with the System to be placed in the public domain or become subject to open source license agreements, (viii) use the System in any manner that violates any statute, law, rule, regulation, directive, guideline, or bylaw whether presently in force or that may be implemented by federal, state, provincial, territorial or local authorities, (ix) probe, scan or test the vulnerability of the System, or breach the security or authentication measures of the System, monitor data or traffic on the System, or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the System, such as a denial of service attack, (x) transmit to us or our service providers, or transmit via the System, any software or materials that contain any viruses, worms, Trojan horses, defects, or other items of a destructive nature, or (xi) intentionally provide any incorrect information about the user of the System or any other person.
12. Updates. Masimo may modify or discontinue any feature or content of the System at any time and without notice. Masimo is not liable to you or to any third party for any modification or discontinuance of any feature of content of the System. Except as otherwise expressly provided herein, these Terms of Use will govern any updates and upgrades to the App that Masimo makes available, unless such updates and upgrades are provided under a separate license agreement. You may use the updates or upgrades only in conjunction with your then-existing App licensed under these Terms of Use. The App and all updates and upgrades are licensed as a single product and the updates and upgrades may not be separated from the App to exceed the scope of your original license. Masimo reserves the right to determine the timing and content of any updates to the App.
13. No Support. Except as expressly required by applicable law, nothing in these Terms of Use entitles you to any support, maintenance or new versions of the System. You may contact Masimo to determine the availability of support, maintenance, and new versions, and the fees, terms and conditions that would apply.
14. Indemnification. To the fullest extent permitted by applicable law, you agree to fully indemnify and completely hold harmless Masimo, its affiliates, licensors, suppliers and other contract relationships, and the officers, directors, employees, consultants, and agents of each, from any and all liabilities, claims, expenses, damages, including reasonable legal fees and disbursements, arising out of or relating to, (i) any information you submit or transmit through the System, (ii) the use of the System or any of its components or parts, (iii) your failure to comply with any applicable laws, including intellectual property laws, (iv) any act or omission which is, or can be determined to be, a breach of any term or condition in these Terms of Use, or (v) your violation of any rights of any other person or entity, including intellectual property rights.
15. 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. The ownership terms in Section 9 (Limited License) and the restrictions in Section 10 (Ownership) do not apply to third-party software. You understand and acknowledge that under the third-party licenses, third-party software is being provided “as is” without any warranty, including, but not limited to, the implied warranties of non-infringement, merchantability, satisfactory quality, reasonable care, or fitness for a particular purpose. If there is a conflict between these Terms of Use and Schedule A with respect to third-party software, the provisions of Schedule A will prevail.
16. Use Restrictions. You agree to only use the System in Canada. Your breach of this clause is cause for immediate termination of these Terms of Use and your right to use the System.
17. Termination. Masimo may terminate these Terms of Use and discontinue the System or any component or part thereof (including the App) at any time at its sole discretion and without notice or liability to you. In addition, the rights granted under these Terms of Use will automatically terminate without notice if you fail to comply with any material provision of these Terms of Use. In such event, you must immediately stop using the System and uninstall the App from your smart phone. You may also choose to terminate your access and use of the System at any time by deleting the App from your mobile device. This will not limit or affect any remedy available to Masimo for your breach of these Terms of Use.
(a) To the fullest extent permitted by law, you agree that all disputes between you and Masimo arising out of or relating to these Terms of Use or the System (“Disputes”) will be governed by the procedure outlined below. Before filing a claim against Masimo, you agree to try to resolve the Dispute informally by contacting Masimo. All negotiations under this Section will be confidential and will be treated as compromise and settlement negotiations under all applicable laws. You further agree that if the Dispute is not resolved within 60 days after submission, you or Masimo may commence an arbitration by filing a demand for arbitration with the International Centre for Dispute Resolution (“ICDR”) pursuant to its ICDR Canada Arbitration Rules. Claims will be resolved pursuant to Arbitration Rules in effect at the time of the demand, as modified by these Terms of Use and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Masimo may seek injunctive relief in any court of competent jurisdiction to stop the unauthorized use or abuse of the System or the infringement of Masimo’s intellectual property rights without first engaging in arbitration or the informal dispute-resolution process described above.
(b) Claims will be heard by a single arbitrator. The hearing will take place in the province or territory where you live. The domestic arbitration act of the province or territory where you live applies to the arbitration and governs whether a claim is subject to arbitration.
(c) Except as required by law, neither party nor any arbitrator may disclose the existence, contents, or results of any Dispute or arbitration under these Terms of Use without the prior written consent of both parties. Any documentary or other evidence produced in any arbitration will be treated as confidential and will not be disclosed to any third party (other than a witness or expert used during the arbitration), except as required by law.
(d) You will be responsible for your share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees you would incur if the claims were filed in court. Masimo will be responsible for all additional arbitration fees. You are responsible for all other costs/fees that you incur in arbitration (e.g., fees for attorneys, expert witnesses). The arbitrators will award to the prevailing party if any, as determined by the arbitrators, all reasonable Costs and Fees. "Costs and Fees" means all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees.
(a) These Terms of Use are governed, construed and interpreted in accordance with the laws of the province in which you reside and the laws of Canada applicable therein.
(b) You may not assign, sublicense, or transfer these Terms of Use, the App, or any rights or obligations hereunder without prior written consent of Masimo. Any such attempted assignment, sublicense, or transfer without Masimo’s consent will be null and void. Masimo may terminate these Terms of Use in the event of any such attempted assignment, sublicense, or transfer without Masimo’s consent. Masimo may assign or transfer these Terms of Use without restriction.
(c) These Terms of Use have been written in English and French and both versions are to be treated as authoritative. In the event of an inconsistency between them, it is the express wish of the parties that the English version shall prevail. Any version of these Terms of Use in any other language will not be binding on the parties to these Terms of Use.
(d) These Terms of Use constitute the final and complete understanding between you and Masimo with respect to the subject matter.
(e) If any provision in these Terms of Use is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law. All other provisions of these Terms of Use shall remain in effect.
(f) Failure or delay on the part of Masimo to exercise any right, power, privilege, or remedy will not constitute a waiver of, or bar the later exercise of, that or any other right, power, privilege, or remedy of Masimo.
(g) No rule of strict construction shall apply against or in favour of either party in the construction and interpretation of these Terms of Use.
SCHEDULE A
THIRD PARTY SOFTWARE
This Schedule A contains Third Party Licenses for the App. These licenses apply only with respect to the software supplied by the named third party and are made a part of and incorporated by reference into these Terms of Use.
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.
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