We want to share with you how we treat personally identifiable information about you that we receive, including your sleep data. 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 surveys, product or service purchases, or (iii) requests for information, products, or services. We may transfer your data to our affiliates worldwide, including those operating in countries outside the EEA. Please see our Privacy Policy below for further information.


Privacy Policy

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”).

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. Servers that host the Service are located in both the United States and Ireland, and any personally identifiable information you provide to us will be processed by ResMed in either the United States or Ireland. By using the Service, you agree that the laws of the State of California, without regard to its conflict of laws principles, will govern all matters between you and ResMed with respect to your use of 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

IMPORTANT: By providing us with sensitive personally identifiable information such as your sleep data you consent to the processing of such data as set out in this Privacy Policy. You are further confirming that you have explained to all third parties whose data you provide to us, how their data is processed and that you have obtained the requisite consent to our processing of such data as set out in this Privacy 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 webmaster@resmed.com 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 webmaster@resmed.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 webmaster@resmed.com 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.

The data that we collect from you may be transferred to, and stored at, a destination within and outside the European Economic Area (“EEA”) including the United States. It may also be processed by staff operating outside the EEA who work for us. Countries outside the EEA may not provide an adequate level of protection in relation to the processing of personal data. By submitting your personally identifiable information, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

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 webmaster@resmed.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.

ResMed will, to the extent possible, control your personally identifiable information, and, except as otherwise set forth in this Privacy Policy, we will not disclose your personally identifiable information to third parties. Although we are committed to maintaining the confidentiality of your personally identifiable information, if required by law, we reserve the right to disclose such information without first obtaining your consent.

Changes to the Privacy Policy

This Privacy Policy is subject to change from time to time. ResMed will post a notice of any significant changes to this Privacy Policy for a period of 30 days following any such modifications. Therefore, you are advised to review this Privacy Policy occasionally, or at least every 30days. ResMed will also provide you with an email notification if any such modifications will have an adverse affect on your rights. Your continued use of any aspect of the Service subsequent to ResMed’s modification of this Privacy Policy constitutes your acceptance of the modified Privacy Policy. If any term or provision of this Privacy Policy is be found to be invalid, illegal or otherwise unenforceable, such finding will not affect the other terms or provisions of this Privacy Policy, or the whole of this Privacy Policy, but such term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and ResMed will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Privacy Policy.

Contacting Us

If you have any questions or concerns relating to this Privacy Policy, please contact our Privacy Office as follows:

Privacy Office ResMed Corp.
9001 Spectrum Center Blvd. San Diego, CA 92123
Tel: 1-800-424-0737
Email: privacy@resmed.com

WF-9108978-3

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.

© 2015 ResMed All Rights Reserved


 

Cookies  Policy


Use of Cookies and Web Beacons

Please note that we may use “cookies”—a small data file that we transfer to your computer’s hard drive—to collect certain information about you and your use of our Service, such as IP addresses (the Internet access of a computer), domain names, and the type of computer, smart phone device, and operating system being used. We may also use cookies to identify your computer or smart phone device when you revisit our Service to, for example, recall your authentication information or to track statistical information related to navigation throughout the Website or S+ App, as applicable.

We may use both “session” cookies and “persistent” cookies in order to better operate the Service to enhance your experience while using the Service. A session cookie enables certain features of the Service and is deleted from your computer or smart phone device, as applicable, when you disconnect from or leave the Website or S+ App. If a portion of the Service requires a password, you are giving us explicit permission to use a persistent cookie, which is a small data file that is generated when, as a registered user of the Service, you enter your assigned user ID and password to access the password-protected area of the Service. This file is stored on your computer or smart phone device. You may adjust your browser to refuse to accept cookies, remove cookies or notify you when a cookie is set by editing your web browser preferences or options. (Each browser is different, so check the “Help” menu on your browser to learn how to change your cookie preferences.) You do not have to accept all cookies sent to you by the Service; however, depending on the particular cookie you reject, you may not be able to use some features of the Service or some features may not function properly.

Please note that linked third-party websites may also use cookies. We cannot control the use of cookies by these third-party websites. For example, when you link from the Service to a third- party website, that website may have the ability to recognize that you have come from our Service by using cookies. If you have any questions about how third-party websites use cookies, you should contact such third parties directly.

We may also employ software technology known as “web beacons” or “clear GIFs,” which helps us keep track of what content on our Service is effective. Web beacons are small graphics with a unique identifier that are used to track the online movements of Internet users. Web beacons are embedded in the web pages you review, so they are not stored on your hard drive. The web beacons we may use will not track or collect any personally identifiable information about you and they are in no way linked to your personally identifiable information.

Contacting Us

If you have any questions or concerns relating to this Cookies Policy, please contact our Privacy Office as follows:

Privacy Office ResMed Corp.
9001 Spectrum Center Blvd. San Diego, CA 92123
Tel: 1-800-424-0737
Email: privacy@resmed.com

WF-9108978-3

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.

© 2015 ResMed All Rights Reserved

* 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.