S+ Privacy Notice

Last Updated :01 May 2020

Summary

We want to share with you how we treat personal information (“personal data”)about you that we receive, including special categories of personal data (“sensitive data”) relating to sleep data. We collect personal data about you only with your consent or if you voluntarily submit the information to usfor purposes such as,

We may transfer your personal data to our affiliates worldwide, including those operating in countries outside Europe. Please see below for further information.

This Privacy Notice is delivered in accordance with privacy and data protection laws. We process and protect your personal data under the principles and safeguards in the legislation applicable to you. This Privacy Notice provides you with information about your rights, and the privacy practices that govern how we process your data. It is specific to the S+ service.

Your relationship with us may also be governed by separate privacy notices if you use other ResMed products and services.

Details

In this Privacy Notice, the terms "you" and "yours" refer to the person using the Service.

In this Privacy Notice, the terms “we”, “our,”, “us”, and “ResMed” refer to:

ResMed is committed to protecting the privacy and security of your personal data. We want to share with you how we treat personal data about you that we receive in connection with our interactive mobile application, S+ by ResMed (the “App”) operating in collaboration with the S+ ResMed device (the Machine), and   mysplus.com (the “Website”), collectively the service (the “Service“).

Notice to California Residents: Please click here to view the California Privacy Rights section

 

1.Why we process your personal data and the legal basis for processing

    We process your personal data only if you consent to this processing for purposes of providing you the Service outlined within this Privacy Notice.

    Under certain laws we are required to state the legal basis for processing your personal data and any special categories of personal data. We process your personal data on the legal basis that processing is required to meet the Service contract and for our legitimate interests to improve our product and services. We rely on your consent to process any health data that is classified as a special category of personal data and for marketing purposes.

2. Personal data we may collect about you and how we use it

 

Information you provide

Information Collected Automatically

Through certain technologies employed by the Website and the App, we also collect other information about you in accordance with our Cookie Notice. For more details about this type of data collection, please refer to our Cookie Notice.

Special categories of personal data

Other than the data described in this Privacy Notice, we will not request, and do not want you to provide, any information regarding your race or ethnic origin, political opinions, religious or philosophical beliefs or other sensitive information.

Other purposes for how we may use personal data

3.How we protect your personal data 4. Who we may share your personal data with 5. Where your personal data is currently hosted and processed

Servers that host the Service used to communicate with you are located in the United States. Your personal data is transferred from wherever you download the App and wherever you use the Service, and hosted in the Unites States.

By registering and using the Service, you agree to this transfer, storing and processing.

6. How long we retain your personal data

We will retain your personal data:

7. Your personal data rights

Subject to local laws and when applicable, you can request that we:

If you consent to the processing of your data for secondary purposes, you have a right to object to this processing at any time.

The Service includes features that allow you to perform some of these data requests on your own. For example:

For those personal data requests that you cannot perform, please email us at privacy@resmed.com, we will assess your request and reply accordingly.

When you send us your request, we may need to verify your identity prior to disclosing your personal data or taking any action on it.

8. Your right to lodge a complaint with a supervisory authority

If you are unsatisfied with our response to your personal data question or request, you have the right to complain to a supervisory authority in the location where you live or work, or where the alleged infringement of your personal data rights took place. 

If you ask us, we will try to provide you with information about relevant complaint options that may be applicable to your circumstances.

9. California Privacy Rights

Privacy Notice for California Residents

This Privacy Notice for California residents supplements the information contained inResMed’s S+ privacy policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA), including the Attorney General regulations proposed in 2019, and any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

ResMed collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, ResMed has collected (or not collected, if indicated below) the following categories of personal information from its consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Yes

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, telephone number, education, or medical information. Some personal information included in this category may overlap with other categories.

Yes

C. Protected classification characteristics under California or federal law.

Age, medical condition, physical or mental disability, and gender.

Yes

D. Commercial information.

Records of products or services purchased, obtained, or considered.

Yes

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as sleep, health, or exercise data.

Yes

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Yes

G. Geolocation data.

Physical location or movements.

No

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

No

I. Professional or employment-related information.

Current or past job history or performance evaluations.

No

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

No

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, behavior, and attitudes.

Yes

 

ResMed obtains the categories of personal information listed above from the following sources:

 

 

Use of Personal Information

We may use and/or disclose the personal information we collect for one or more of the following business purposes:

ResMed will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

ResMed may disclose your personal information for a business purpose. When we disclose personal information, we require that the recipient both keep that personal information confidential and not use it for any purpose except for the business purpose. We share your personal information with the following:

Sales of Personal Information

In the preceding twelve (12) months, we had not sold any categories of personal information. ResMed does not sell personal information to third parties.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Disclosure Rights

You have the right to request that we disclose the categories of personal information we collect in the preceding 12-month period prior to the request date. Consumer requests of this nature may be made no more than twice in a 12-month period.

Data Access Request

You have the right to request that ResMed disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your consumer request (see section on Exercising Your Data Rights), we will disclose to you:

Deletion Request Rights

You have the right to request that ResMed delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your consumer request (see section on Exercising Your Data Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Exercising Your Data Rights

To exercise your disclosure, access, data portability, and deletion rights described above, please submit a consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a consumer request related to your personal information.

You may only make a consumer request for access or data portability twice within a 12-month period. The consumer request must:

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a consumer request to authenticate the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically at your option.

Any disclosures we provide will only cover the 12-month period preceding the consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data access requests, we will deliver the data in a readily, useable format.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

10. Links to Other Sites

For your convenience, the Service may from time to time include links to third-party websites whose privacy practices may be different to ours. We encourage you to review the privacy noticesfor these websites, as we have no control over information submitted to, or collected by, these third parties. Use of such third-party websites may be subject to the third party's terms and conditions and is at your own risk. We are not responsible for these websites.

11. Personal data from children

We do not knowingly collect personal data from children. The content of our Service is not intended for, or directed to, children. If you are under 13 years of ageor otherwise considered a minor under the laws of your country of residence, please do not use or access our Service at any time or in any manner.If a parent or legal guardian becomes aware that their child has provided us with personal data, please contact us by sending an email to privacy@resmed.com. If we confirm that a user is a minor and has provided us with their personal data, we will delete their information from our databases.

12. Updates to this Privacy Policy

We may update this Privacy Notice from time to time. We encourage you to review this Privacy Notice regularly. Each Privacy Notice includes the date on which it was last updated. If we change this Privacy Notice, we will notify you as appropriate. If we make a material change, we will ask you to review and reaccept the Privacy Notice. Your continued use of the Service confirms your acceptance of our Privacy Notice, as amended. If you do not agree to our amended Privacy Notice, you may choose to discontinue using the Service.

13. Questions and complaints

If you have questions or concerns about this Privacy Notice, or if you want to make a complaint about a possible breach of local privacy laws, please contact:

ResMed Corp. 
9001 Spectrum Center Blvd. 
San Diego, CA 92123 

United States
Tel: 1 800 424 0737 
privacy@resmed.com

 

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.