Effective Date: 1 March, 2015
The terms “we,“ “our,“ “us“ and “ResMed“ collectively refer to ResMed Sensor Technologies Limited a company incorporated in Ireland (registered company number 372477), with registered address at 70 Sir John Rogerson's Quay, Dublin, 2 Ireland, and ResMed Corp., a Minnesota corporation headquartered in California, its parent ResMed Inc., a Delaware corporation, headquartered in California, and ResMed Corp.'s affiliates, organized under the laws of various states and countries and operating in California, the United States or in other jurisdictions. ResMed is committed to protecting the privacy and security of your personally identifiable information. We want to share with you how we treat personally identifiable information about you that we receive in connection with both our interactive mobile application, S+ by ResMed (the “App“) operating in collaboration with certain S+ products and devices of ResMed (the “S+ Products“), and websites, including but not limited to mysplus.com (collectively, the “Website,“ and, collectively with the App and the content, products, and services provided on the App and Website, the “Service“).
For the purpose of the Data Protection Acts 1988 and 2003 and other applicable data protection laws, the data controller is ResMed Sensor Technologies Limited located at 70 Sir John Rogerson's Quay, Dublin, 2 Ireland.
Information We Collect
In general, you can visit the Website without telling us who you are or revealing any personally identifiable information about yourself. However, you should be aware that sections of the Service (including restricted portions of the Website) that allow for the submission of personally identifiable information (referred to for convenience as “Registration Pages“) contain a function for collecting various pieces of your personally identifiable information, including your name, date of birth, address, email address, phone number(s), general health and wellness information, weight, height, gender, credit card or account information, company, industry, information about your interests in and use of various products, programs, and services, any other information that you decide to provide to us, and, as you register and participate in utilizing the S+ Products and App, a variety of sensitive personally identifiable information including information about your health, sleep and lifestyle, including sleep patterns, user location, light and temperature values during sleeping periods, and sound levels during sleeping periods. We collect your personally identifiable information only if you voluntarily submit the information to us for purposes such as (i) registering for the use of certain services or restricted portions of the Service or other subscription websites, services, or products operated by ResMed, (ii) completion of survey, product or service purchases, or (iii) requests for information, products, or services. For your information, through certain technologies employed by the Website, we also collect other information about you. For more details about this type of data collection, please refer to our Cookies Policy
To protect your security and privacy, we require that you or your legal representative (as opposed to a third party on your behalf) enter the personally identifiable information that we collect and that the information be current. ResMed disclaims any legal duty to verify the accuracy of any personally identifiable information that you provide to ResMed beyond what may be required by law for the particular purpose for which the information is to be used. You are free to request a copy of your personally identifiable information that we have on file by contacting our Customer Service department, either by email at firstname.lastname@example.org or by phone at 800-424-0737. In addition, you can request that we modify or delete your personally identifiable information at any time by sending an email to us at email@example.com with the words ”UPDATE MY INFORMATION” in the subject line. Please be aware that, to protect your security and privacy, ResMed may take reasonable steps to verify your identity prior to making changes to your personally identifiable information. For your information, please note that it is our practice to monitor and in some cases record calls for staff training and quality assurance purposes.
How We Use the Information We Collect including your Sleep Data
Unless otherwise specified herein, ResMed reserves the right to compile, save, use within the scope of our activities, and analyze any and all data about you (contact and personal data, sensitive personally identifiable information such as your sleep data, use history, outcomes data from the S+ Products, etc.) that we collect from you through the Service. We use the personally identifiable information about you that you provide to us for purposes such as delivering the Service to you including providing sleep reports and analyses, responding to your requests for information or materials, contacting you, conducting analyses such as surveys and market research, processing and completing orders, processing your payment, administering your account, enhancing existing or developing new products and services, and administering and developing our business relationship with you or the company you represent. We also use your personally identifiable information to communicate with you, for example, to provide you with communications and content as part of the Service and for administrative communications regarding your account, newsletters, press releases, or information or advertisements relating to products, offers, or programs that may be of interest to you, including but not limited to communications, via email or text, regarding your use of the S+ Products. By submitting data, including personally identifiable information and information collected on an on-going basis about your sleep habits and environment, to us, you (or your legal representatives on your behalf) consent to these uses by ResMed. We will send email, text or electronic messages to you only if you have registered to request information from us or otherwise have agreed to receive such messages from us by providing your electronic contact information to us. For users of iOS Health app “HealthKit“, ResMed requests permission to read and write sleep data from the Health app. This allows the importing of S+ sleep parameters into the Heath app. ResMed does not use HealthKit data for advertising purposes and will not sell Healthkit data.
Who We Share this Information With
ResMed collects data from the S+ device. ResMed processes S+ data to customize and tailor feedback to individual users about their personal sleep patterns. ResMed does not and will not sell your Personally Identifiable Information or any other personal data, including the sleep data from the S+ devices. ResMed has a general policy of not disclosing or sharing your personally identifiable information to third parties unless you have consented to such sharing. However, we may share the personally identifiable information about you that you provide to us with trusted companies we work with (other than our data processors who we may share your personally identifiable information with for the purposes of supporting the operation of the Services) to provide services for us including the Services, such as sending out our newsletters, fulfilling orders you submit, or collecting and processing information on our behalf. These companies- our vendors- are contractually bound to use personally identifiable information that we share with them only to perform the services we have engaged them to provide. Other companies may collect and use information excluding iOS Health app data you provide to us to better understand the offers, promotions and types of advertising that are most appealing to our customers. After the information is collected by these third parties, it is aggregated so it is not personally identifiable or tied to you or any other user. If you would prefer that these companies not collect your information, please email us at firstname.lastname@example.org and inform us of your preference.
We may also share your personally identifiable information if some or all of the business of ResMed is transferred to another entity by way of merger, sale of its assets or otherwise.
We may also collect and group demographic and preferences information, responses to surveys and other personally identifiable information that we collect from you into an aggregate, non-personally identifiable form for disclosure to our existing or potential business partners, affiliates, sponsors, regulators as part of further product development, including as part of a pre- market submission with the FDA, or other third parties. However, please be assured that this aggregate data will in no way personally identify you or any other parties participating in the Service.
From time to time, we may collect general, non-personal statistical information about the use of the Service, such as how many visitors visit a specific page on the Website, how long they stay on that page and which hyperlinks, if any, they “click“ on, and utilization of S+ App features. When applicable we will collect this information through the use of “cookies“ and other tracking technologies, which are discussed in greater detail below in the section on cookies. We may collect this information in order to determine which areas of the Service are most popular and to enhance the Service. As with other aggregated data, we may disclose such data to our existing or potential business partners, affiliates, sponsors or other third parties, but this aggregate data will in no way personally identify you or any other users of the Service.
Please note that under the laws of jurisdictions in which your personally identifiable information may be held or processed, including the United States, that information may be accessed by law enforcement authorities or the courts. If you would like to obtain information about our policies and practices with respect to processing of personally identifiable information in the United States, please contact us at the address set forth below.
Personalized URL Links
On occasion, we may personalize and customize websites for certain users. Invitations to visit these customized websites will generally be sent to you via an email containing a personalized URL, a notice on a registration page, or in response to you logging on to a certain portion of the Service. If you are invited to visit one of these sites, you may find it customized with references to products and/or services that we believe may be of interest to you based on your previous interactions with ResMed and on information you have provided to us. While you are visiting these websites, we may collect tracking or other non-personally identifiable information about your visit to better tailor the site to your interests. If you do not want your information to be collected in this way, please do not accept the invitation to visit these sites.
Children’s Information and COPPA
We do not knowingly collect personally identifiable information from children. The content of our Service is not intended for, or directed to, children. If you are under 13 years of age, then please do not use or access any aspect of our Service at any time or in any manner.
Opting In and Out
When you submit personally identifiable information to us through the Registration Pages as part of the Service, you may be given an opportunity to opt in to receiving additional information from or on behalf of ResMed entities as part of the Service and otherwise, including notifications and ’advice nuggets’ forwarded by parties providing the S+ App, and/or selected third parties at the time of submitting your personally identifiable information to us. If you opt in, you may be added to our list of users who will receive promotional and marketing communications from us, our partners and/or other third parties. If you initially opt in to receiving such communications and you later decide that you no longer want to receive them, you may opt out of receiving promotional and marketing communications from us and/or our partners and other third parties by contacting us at email@example.com. If you discontinue your use of the Service for a period of ninety days or more we may require you to re-register or otherwise stop communicating with you electronically.
Links to Other Sites
For your convenience, the Service may from time to time include links to third-party sites whose information practices may be different than ours. We urge visitors to review the other sites' privacy policies because we have no control over information that is submitted to, or collected by, these third parties. Use of such third-party websites may be subject to a third party's terms and conditions and is at your own risk. ResMed does not control these third-party websites and has no responsibility in connection with any access or use by you of these sites.
Security of Information and Disclosures
ResMed uses industry standard security measures to safeguard information concerning, and submitted by, users like you. Despite the security measures employed by ResMed, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet or as part of a mobile application.
Privacy Office ResMed Corp.
9001 Spectrum Center Blvd. San Diego, CA 92123
Note: S+ is not a medical device. If you are seeking information on how to treat a sleep disorder, you should talk to your healthcare provider.