Masimo Consumer General Privacy Notice

Last Updated: April 3, 2023

We, Masimo Consumer, provide this Masimo Consumer General Privacy Notice to explain how we collect, use, disclose and otherwise process your personal information when you use our products and apps, visit our events, use our websites and rights you may have under applicable data privacy and protection laws.

This is the Privacy Notice of DEI Sales, Inc., and its operating groups, subsidiaries, divisions, and brands, such as Boston Acoustics, Bowers & Wilkins, Classé, Definitive Technology, Denon, HEOS, Marantz, Masimo and Polk, collectively referred to hereafter as, “Masimo Consumer,” and also referred to as ‘we’, ‘us’, ‘our’.

At Masimo Consumer, we are committed to protecting and respecting your privacy and the security of information relating to an identified or identifiable natural person (hereafter ‘personal data’ – the terms ‘personal data’ and ‘personal information’ are used interchangeably throughout this document). Your personal data will be processed and used in a responsible way and in line with, among others, the European Union’s and the United Kingdom’s General Data Protection Regulation (GDPR), the California Privacy Rights Act (CPRA), the Australian Privacy Act, Japan’s Act on the Protection of Personal Information (APPI), China’s Personal Information Protection Law (PIPL) and the equivalent requirements of other countries.

In this Privacy Notice we inform you about the way we handle your personal data and your rights in relation to your personal data. Please note that this Notice contains additional specific local provisions, where applicable. These are included in Section 13.

Table of Contents

1. Does This Privacy Notice Apply to You?
2. What Personal data does Masimo Consumer process?
3. Do We Use Cookies?
4. For What Purposes Do We Process Your Personal Data?
5. What Are the Legal Bases for Processing My Personal Data?
6. How Long Do We Retain Your Personal Data?
7. With Whom Do We Share Your Personal Data?
8. How Do We Protect Your Personal Data?
9. What Are Your Rights?
10. Targeted Advertising
11. Updates to this Privacy Notice?
12. Additional information for Australia residents

1. Does This Privacy Notice Apply to You?

This Notice applies to you when Masimo Consumer processes your personal data. This means we collect and process your personal data when:

• you visit our website,
• buy and use our products that connect to the internet,
• download our apps or software,
• when you choose to register your product or create an account with us,
• when you engage with our questionnaires, promotions, surveys, or provide marketing response to our engagement activities,
• when you choose to receive offers or literature from us, such as newsletters or product updates and offers, or
• when you contact us in any other way.

Children 16 or Under

Our websites are for a general audience and not aimed at or intended to be used by children. We intend to protect the privacy of children aged 16 or under. If you are aged 16 or under, you must obtain your parent or guardian’s permission before providing us with your personal information. We do not knowingly obtain or try to obtain personal information from children or request such information from them.

2. What Personal data does Masimo Consumer process?

In the course of our business activities and providing services, we may process the Personal Data of: Customers (potential and existing) and Website Visitors, such as:

• Contact information: name, address (where applicable including company address), e-mail address, and telephone number;
• Personal Details: age, gender;
• Shipment information: shipping and billing address, payment method, credit or debit card number, verification number, and expiration date;
• Purchase information: warranty registration and purchase history including shipping amounts;
• Product information: information we obtain when you use our products or download our firmware or software, including information on registration/subscription, product set-up, user experience tracking, online (crash) logging, anonymous profiling, your country location and local storage;
• Account information: including log-in details for our user accounts, including your e-mail address and other information you provide through your account;
• Preference and user information such as our communications with you, including through chat, history of related commercial activities, survey information, shopping preferences and complaints, and further information you decide to provide to us in connection with your use of our services;
• Automatically generated information including date and time stamps, content and (sub)pages that you visited on our website or using our apps, time spent on each (sub)page, referring website details, and the search terms you used before entering, your operating system and browser type, your browser’s default language, your network location, your computer’s Flash version, JavaScript support, screen resolution and screen color processing ability, your IP address, and your unique device ID or user ID;
• Social media information: depending on the choices you have made in your privacy settings on various social media platforms, certain personal information may be shared with Masimo Consumer about your online activities and social media profiles, e.g., interests, marital status, gender, username, photo, posts you have made. If you do not want this, please make sure to update your personal settings on the social media platforms that you use;
• Third-Party information you share with us: If you choose to ship our products to a third-party (e.g., friends, family, work, gifts), we will use the information you provide about the third party to fulfill the shipment request. It is your responsibility to ensure that this third-party consents to you transferring their personal information to us.

3. Do We Use Cookies?

Yes, Masimo Consumer uses cookies and similar technologies on its websites. Based on certain cookies, Masimo Consumer automatically processes personal data. Consult our Cookie Notice to learn more about the cookies and similar technologies that we use.

4. For What Purposes Do We Process Your Personal Data?

We collect and process your personal data for the following purposes:

• To provide our products and services to you;
• To activate or register certain products and services or enhancing functionality;
• For research purposes in order to enhance our products and services;
• To optimise our products and services and to be able to do market research;
• To respond to your requests and provide you with requested information and services;
• For marketing and advertisement;
• For the administration of our products, services, and business;
• For customer service and handling complaints and disputes;
• To store your preferences for future interactions and communications from Masimo Consumer so that the information doesn’t have to be collected anew;
• To send out personalised messages, surveys, special offers, and advertisements that are relevant to your personal interests, based on the information you have shared with us and on the information we have collected through cookies or similar techniques regarding your use of the Masimo Consumer websites/social media/blogs and products;
• To keep you informed of, or offering to let you test new products and services;
• To meet our legal, professional and regulatory obligations;
• For the performance of audits, such as accounting audits;
• To prevent and detect fraud;
• To defend against or pursue legal claims;
• In the context of mergers or acquisitions;
• To gather and provide information required by or relating to enquiries or investigations by regulatory bodies.

These processing purposes correspond with the legal grounds for processing as set out in Section 2 of this Privacy Notice.

If you do not provide your personal data, the following types of issues can occur:

• We may not be able to provide updates to the products that you use from Masimo Consumer, or those updates may not be received timely.
• We may not be able to provide the services that you have requested;
• There may be a delay in our services or our response to your request for services;
• Your Masimo Consumer products may not perform as intended (e.g., your music preferences or preferred music sources allow us to enable certain content or choices more quickly when you are playing back music).

5. What Are the Legal Bases for Processing My Personal Data?

We may process your personal data because:

• You have given us your consent to do so;
• We have entered into a contract with you to provide our products or services;
• We have a legal obligation to process the personal data; or
• It is necessary for us to process your personal data (legitimate interest).

If we process your personal data because you have given us consent to do so, you may withdraw your consent at any time. The processing of your personal data up until your consent is withdrawn will remain lawful.

If we process your personal data for our legitimate interest, we will only do so if this is necessary for us to conduct our business.

6. How Long Do We Retain Your Personal Data?

We will retain your personal data only for as long as necessary for the purposes set out in this Privacy Notice. For certain personal data, we are bound by legal retention periods or retention periods necessary with a view to legal prescription periods.

After the retention period, we will delete or anonymise your personal data, unless we have another purpose to retain it. We will always only do so if we have a legal ground to retain this personal data, and we will make sure that the data is only accessible for that specific purpose.

In case of a dispute between you and Masimo Consumer, we may hold your personal data for a longer period.

7. With Whom Do We Share Your Personal Data?

We share your personal data with:

• Companies within our group: Our subsidiaries, affiliates, and operating groups may have access to your personal data (per Section 2 above) for any one of the purposes listed above in Section 4.
• Third-Party Service Providers/Data Processors: Third parties that process your personal data on our behalf. These third parties help us to deliver our products to you (e.g., payment service providers, warehouses and delivery companies), and help us run our business (e.g., marketing agencies or website hosts, marketing communication platforms, analytics and reporting systems). For our Apps, they also provide us with the ability to store and provide music content that may be streamed from our servers to your Masimo Consumer products.
• Cookies: As stated above and in our Cookie Notice, cookies and similar tags are shared with third parties, such as social media platforms and analytics companies, when you visit our website.
• Law enforcement/government agencies: We may be required to share your personal information in response to a subpoena, court order, government investigation, or to comply with other legal processes or obligations.
• In the exercise of our legal rights: We may need to share your personal information to establish or exercise our legal rights, or in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Third parties will only use your personal data for the purposes described above and in accordance with our instructions. We only work with processors that provide sufficient guarantees to implement appropriate technical and organisational measures, and to ensure the protection of your rights, we have agreements in place governing their use of your information and their relationship with Masimo Consumer.

We may share certain anonymous data with third parties, but this will not be data that can be identified with you. For instance, we may share information about the total number of users for a particular service or product.

We will never sell or rent your information to third parties. All communications to you will come from Masimo Consumer and its companies or brands. We will not share your information with third parties to allow them to market to you unless pursuant to a contract or you have agreed to allow us to do that.

8. How Do We Protect Your Personal Data?

We take the protection of your personal data seriously and take appropriate measures to prevent abuse, loss, misuse, unauthorised access, unwanted disclosure, and unauthorised alterations. For example, we have implemented access controls, we use appropriate system and network security measures such as firewalls, encryption and patches, we protect portable devices with appropriate passwords, and all our employees are required to treat your personal data as confidential.

We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

No matter the measures we take, unfortunately, no data transmission can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us over the internet, e-mail or other electronic communication methods and therefore you do so at your own risk.

If you have the impression that your personal data is not properly secured or there are indications of misuse, or for other questions, please contact us via the contact details as provided on top of this document.

9. What Are Your Rights?

Depending on where you live, you may have one or more of the following rights in relation to your personal data, subject to exceptions and limitations established by applicable data protection law in the country or jurisdiction you live:

• Right of access: You have the right to ask us for a copy of the data we hold about you and to learn details about how we use it. However, we may not be able to provide a copy of all details since we also respect the rights and freedoms of others. Please note that we may require you to prove your identity before providing the requested information.
• Right to rectification: You have the right to ask us to amend any of your personal data that you believe is incomplete or inaccurate.
• Right to object: You have the right to object to processing which is based on our legitimate interests. You may also ask us to stop using your personal data for marketing purposes at any time. If you do so, we will stop using your personal data for such purposes. For other purposes based on our legitimate interests, we will no longer process the personal data on that basis when you file an objection, unless we have a compelling legitimate ground for the processing. Please note that we may not be able to provide certain services or benefits if we are unable to process the necessary personal data for that purpose.
• Right to restriction of processing: You have the right to ask us to (temporarily) stop processing your personal data, for example when we check the accuracy of your personal data.
• Right to be forgotten / right to erasure: You have the right to ask us to erase or destroy your personal data. In case we are obliged to retain certain personal data by legal or regulatory obligations, or when destruction is not possible from a technical point of view, we may not comply with your request.
• Right to data portability: You may have the right to ask to transfer your personal data to a third party of your choice. This right can only be exercised when you have provided the personal data to us, and when we are processing that data by automated means on the basis of your consent or in order to perform our obligations under a contract with you.
• Right to withdraw consent: You have the right to withdraw your consent for the processing of your personal data at any time. After the withdrawal of your consent, we will stop the processing as soon as possible. However, the withdrawal of your consent does not affect the lawfulness of the processing before consent was withdrawn. Withdrawal of your consent could also affect the provision of our products and services to you, as outlined in Sections 4 and 5 of this Privacy Notice.
• Rights relating to automated decision-making: You have the right not to be subjected to a decision based solely on automated decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you. If you have been subject to an automated decision and do not agree with the outcome, you can ask us to review the decision.

Note that we will have to balance your rights and your request to exercise them against our rights and obligations to process your personal data and to protect the rights and freedoms of others.

Requests and complaints may be directed to marketing.au@soundunited.com. In case of a request, we kindly ask you to:

• Specify your name and the contact details that are relevant for your request;
• Specify the type of personal data in question;
• Specify, to the extent reasonably possible, the data system in which the personal data likely are stored;
• Show proof of your identity; and
• In the case of requesting correction, specify the reasons why the personal data are incorrect or incomplete and how they should be corrected or completed.

Within four weeks after receiving the request or the objection, we will inform you in writing or by email either (i) of the action that Masimo Consumer has taken or will take in response or (ii) the ultimate date on which you will be informed of Masimo Consumer’s position on your request, which date will be no later than eight weeks after receiving your request, unless otherwise required to be sooner in your applicable country or jurisdiction.

Furthermore, you have the right to file a complaint with your local supervisory authority or data protection office as applicable to your country or jurisdiction.

10. Targeted Advertising

We work with third parties, such as ad networks, channel partners, mobile ad networks, analytics and measurement services, and other third-party companies to personalise content and display advertising on third-party sites, such as on mobile apps and online services. We may share certain information with these third-party companies and utilise cookies, pixel tags, and other tools to collect usage and browsing information within the Masimo Services, as well as on third-party sites, apps, and services. This may include IP addresses, location information, device ID, cookies, pixels, advertising IDs, and other identifiers, as well as browsing information. We use this information to provide you with more relevant ads and content and to evaluate the success of such ads and content.

11. Updates to this Privacy Notice?

We may change this Privacy Notice from time to time. Any changes we may make to this Notice in the future will be posted on this page. Therefore, we recommend checking this page occasionally to see any updates or changes to this Privacy Notice. Where appropriate, we will notify you of any major changes by e-mail or in another suitable way.

12. Additional information for Australia residents

If you reside in Australia, we are obliged to provide you with these details about our use and disclosure of your personal information, based on the Australian Privacy Principles (“APPs”) in the Privacy Act 1988 (Cth) (“Australian Privacy Act”).

The additional provisions set forth in this section apply only to residents of Australia and prevail over any other section in this Privacy Notice to the extent of any inconsistency.

Age of Consent

For the purposes of the Australian provisions, the age limit for the purposes of Section 1 (‘Does this Privacy Notice apply to you?’) of this Privacy Notice is 18 years.

Personal Information

For the purposes of the Australian provisions, all references to ‘personal data’ throughout this Privacy Notice are replaced by the term ‘personal information’ as defined under the Australian Privacy Act.

In line with Section 2 of this Privacy Notice (‘What personal data does Masimo Consumer process?’), we only collect information about individuals that is considered ‘personal information’ under the Australian Privacy Act. We process personal information for the same processing purposes set out in Section 5 of this Privacy Notice (‘For what purposes does Masimo Consumer process your personal data?’).

Overseas Transfer of Personal Information

For the purposes of the Australian provisions, all references to ‘European Economic Area’, ‘EEA’, and ‘UK’ in Section 8 (‘EU data subjects: Will your personal data be transferred outside the European Economic Area?’) of this Privacy Notice are replaced by the term ‘Australia’.

When transferring your personal data to our companies or third parties outside of Australia, we will continue to adopt the same standard of protection and safeguards as required by the Australian Privacy Act.

Your Rights

In relation to your rights, please see Section 10 of the general part of our Privacy Notice.

Additionally, we kindly ask you to:

• In the case of requesting access, specify how you would like access to the personal information (such as receiving a copy by email or post, or if you just want to look at the information);
• Where applicable, specify if you have authorised another person (e.g., legal guardian or authorised agent) to access or correct your personal information on your behalf.

Furthermore, you have the right to file a complaint to the Office of the Australian Information Commissioner by contacting 1300 363 992 or by visiting the website www.oaic.gov.au. Further information about the Australian Privacy Act and the APPs is also available from the Office of the Australian Information Commissioner.