S+ Privacy Policy

Summary

We want to share with you how we treat personal data we receive about you, including special categories of personal data relating to sleep data. We collect personal data about you only with your consent or if you voluntarily submit the information to us for purposes such as,

(i) delivering the S+ service,

(ii) to send you S+ related notifications,

(iii) to respond to emails you send to us, and

(iv) to send you information related to other products and services upon your request.

This Privacy Notice is delivered in accordance with 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 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, if your usual place of residence when you download the Service is anywhere in Europe; and
  • ResMed Corp., a Minnesota corporation headquartered at 9001 Spectrum Center Blvd. San Diego, CA 92123 United States (+1 858 836 5000), if your usual place of residence when you download the Service is in North, South or Central America.

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“).

Also, use of the Service is governed by the Terms of Use posted on the Website and otherwise made available through the Service, so we urge you to review the Terms of Use as well as this Privacy Policy.

This Privacy Notice sets out:

  1. Why we process your personal data and the legal basis for the processing
  2. What personal data we collect about you and how we use it
  3. How we protect your personal data
  4. Who we share your personal data with
  5. Where your personal data is currently hosted and processed
  6. How long we retain your personal data
  7. Your personal data rights
  8. Collection and use of anonymous data
  9. Links to other sites
  10. Personal data from children
  11. Updates to this Privacy Notice
  12. Questions and complaints
  13. Your right to lodge a complaint with a supervisory authority
  14. Data Protection Officers (EU only)
  15. 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.

  1. What personal data we collect about you and how we use it
  • We collect your first name, last name, and email address to create your Service account, to identify you, and to communicate with you about the Service, including providing sleep reports and analyses.
  • We collect your gender, weight, height, date of birth, neck size and whether or not you have high blood pressure as the minimum details to deliver sleep advice to you.
  • Only if you choose to share with us, we collect other sleep details to help us better tailor our sleep advice to you, such as:
    • Bedtime / nap schedule
    • Sleep impact due to travel, whether you sleep alone or not, whether you have kids, whether or not you have allergies
    • Sleep issues and diagnosed sleeping disorders
    • Sleep Aids
    • Lifestyle details such as level of stress, exercise routine, caffeine / alcohol consumption, whether or not you smoke
    • Mattress and pillow details
    • Sleep environment (room temperature, lighting, humidifier, air purifier, noise level, sounds)
    • Use of electronic devices before going to sleep
  • Only if you choose to share with us through the App’s settings, we use your geolocation data to consider seasonal impacts when providing you ad

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 intentionally collect or maintain, 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.

  1. How we protect your personal data
  • We use a number of different security and privacy controls to protect your data and to comply with applicable data protection laws. For example, we use encryption to protect your personal data, both when it is in transit as you use the Service and when it is at rest in the servers we use. Despite the security measures we employ, you should be aware that it is impossible to guarantee absolute security of information sent through the internet.
  • If we confirm that your personal data has been subjected to a data breach, we will follow applicable data breach notification laws.
  • We will make reasonable efforts to ensure that the personal data collected is the minimum necessary to fulfill the purposes described in this Privacy Notice.
  • We will retain your personal data only for as long as you keep your account with the Service. Your personal data is deleted as soon as your account is deleted.
  1. Who we share your personal data with
  • We do not sell or rent your personal data. We only share your personal data in accordance to this Privacy Notice, with your consent, and only to the extent permitted by applicable law.
  • We may share your personal data with any affiliate or subsidiary of ResMed, and any company owned or controlled by ResMed;
  • We may share your personal data 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 share your personal data in limited circumstances and in a controlled and secured manner, with third-party data processors and service providers we engage to provide certain aspects of the Service on our behalf. These data processors and service providers are contractually required to keep your personal data confidential and to use your personal data for the sole purpose of performing the services we asked them to provide. They may not use your personal data for any other purpose. Currently, third-party data processors and service providers provide us:
    • Data hosting services
  • We may share your personal data if we are required to do so by law.
  • With your prior explicit consent, and only if you are a user of iOS Health app, we will import S+ sleep parameters from the App into the Health app.
  1. 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 and Ireland. 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.

  1. How long we retain your personal data

We will retain your personal data:

  • up to the point where you withdraw consent from the Service, which you have the right to do at any time; or
  • if there is a legal reason for retention.
  1. Your personal data rights

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

  • provide a copy of personal data we have about you on file
  • delete your personal data from our systems
    • We delete personal data associated with your Service account when you decide to close your Service account.
    • If we have a legal obligation to retain any of your personal data, we will inform you of this obligation.
  • send you a copy of the personal data you knowingly and actively provided us (including any data we may generate by your activity)
    • We will transmit a copy of this data to another data controller upon your request.
  • restrict how we process your personal data if:
    • the accuracy of the data is being disputed;
    • processing is unlawful and you oppose its deletion;
    • the data is no longer needed by ResMed but needed for your personal legal reasons.

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:

  • you can update or correct your personal data and sleeping data inputs when you visit your user profile through the Service.
  • You can generate a report of your sleeping information.

For those personal data requests that you cannot perform, please email us at privacy@resmed.eu if you are in Europe or privacy@resmed.com if you are anywhere else, 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.

  1. Collection and use of anonymous data
  • We may collect anonymous statistical information from your use of the Service. For example, the number of visitors that visit a specific web page on the Service, how long they stay on that page, which hyperlinks, if any, they click on, and what features are used on the Service.
  • When applicable, we may collect this type of information through the use of cookies and other tracking technologies, which we discuss in detail in our Cookie Notice. We may disclose aggregate data to third parties, but this aggregate data will in no way personally identify you or any other users of the Service.
  • To help us understand how users interact with our mobile apps, we use a third-party service provider. The provider does not collect or access personal data (or the handset identifier on an iOS device or the advertiser ID on an Android device) and does not link such data to your usage data of our mobile apps. Currently, you can opt-out at any time after you download one of our mobile apps. Otherwise, you consent to and accept the collection of anonymized information by our third-party provider.
  1. 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 notices for 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.
  2. 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 age or 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.eu in Europe or privacy@resmed.com if you are anywhere else. 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.

  1. 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.
  2. 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 one of the following offices:

Europe:
Privacy Office
ResMed Deutschland GmbH
Haferwende 40
28357 Bremen
Deutschland
Tel. +49 421 489 930
privacy@resmed.eu

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

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

  1. 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.

  1. Data Protection Officers (EU only)

German Data Protection Officers

ResMed Deutschland GmbH

Haferwende 40

28357 Bremen
Deutschland

Tel. 0421 48993 0

datenschutz@resmed.de

ResMed Healthcare

ResMed GmbH & Co. KG

Fraunhoferstr. 16

82152 Martinsried
Deutschland

Tel. 089 9901 00

datenschutz@resmed.de

 

 

French Data Protection Officer

ResMed SAS

Bureau du délégué à la protection des données

Parc Technologique de Lyon

292 Allée Jacques Monod

69791 Saint-Priest CEDEX

France

Tel. +33 426 100 200

privacy.france@resmed.eu

EMEA Data Protection Officer

ResMed Germany Inc.
Data Protection Office
Fraunhoferstr. 16

82152 Martinsried

Deutschland

privacy.germany@resmed.eu

If you are a resident of California, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal data to a third party for the third party’s direct marketing purposes. This right is granted to California residents only for their activities within the State of California. To make such a request, please send an email to privacy@resmed.com.

 

If you would like a list of all the data processors with whom we share personal data for direct marketing, please send us an email to privacy@resmed.eu in Europe or privacy@resmed.com outside Europe. Please allow 30 days for a response.

 

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.

 

 

* ResMed recorded and analysed 2,000,000 nights of sleep in the development of S+

** Users with average sleep scores between 50-60 improved their sleep by an average of 44.71 minutes per night after one week of use.

*** Below average users are those with an average sleep score below 75. Poor sleep is defined as an average sleep score between 50-60. Very poor sleep is defined as an average sleep score between 30-50. Users with average sleep scores between 30-50 improved their sleep by more than 70 minutes per night after one week of use. Aggregate S+ user data as of 03/19/2015. All data is derived from a sample size of [5932] users as of 03/19/2015. Your results may be different.

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.