Privacy Notice for California Residents – AirMini by ResMed App

Effective: January 1, 2020

This Privacy Notice for California Residents supplements the information contained in the Privacy Notice – AirMini by ResMed App 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. In this Privacy Notice "we," "our," "us" and "ResMed" refer to:

ResMed Corp., a Minnesota corporation, headquartered at 9001 Spectrum Center Boulevard San Diego, CA 92123 United States (1 858 836 5000), if your usual place of residence when you installed the AirMini App is North, South or Central America.

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

·         Real name

·         Unique personal identifier

·         Online identifier

·         Internet Protocol (IP) address

·         Email address

·         Account name

·         Other similar identifiers

Yes

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

·         Name

·         Signature

·         Telephone number

·         Education

·         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

·         Gender

Yes

D. Commercial information

Records of products or services purchased, obtained or considered.

No

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.

No

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

·         student disciplinary records.

No

K. Inferences drawn from other personal information

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

No

 

When you first access the AirMini by ResMed App (AirMini App), you will be prompted to sync your AirMini machine (Machine) with the AirMini App. You can choose to transmit and store your data either on ResMed's Machine data cloud or locally on your smart device. If you choose to store your data in our Machine data cloud, the following is collected:

Personal information when you send feedback:

·         When you submit feedback through the AirMini App, you share your email address, application logs, Machine logs, Machine serial number and any additional information you may submit to us voluntarily.

·         This information is used to help us troubleshoot questions or issues you may contact us about; we will reply back to this same email address to communicate relevant information concerning your feedback.

·         We also use this information to comply with a legal obligation under applicable laws regarding medical devices and the provision of health-related services.

Personal information when you contact us with a question:

·         If you contact us through the user or machine user guide on the AirMini App, we will reply back using the same email address to address your AirMini App or Machine question.

Use of personal information

Sleep, Machine and smart device identification data are used to:

·         calculate the myAir score on the AirMini App (as set out in details in the AirMini App User Guide);

·         identify and fix issues in the AirMini App and the Machine, and if you choose to store your Machine data on our Machine data cloud;

·         perform statistical analyses and research to improve our products and services. This data does not personally identify you or any other users of the AirMini App.

 

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 may share your personal information:

·         with any affiliate or subsidiary of ResMed, and any company owned or controlled by ResMed;

·         if some or all of the business of ResMed is transferred to another entity by way of merger, sale of its assets or otherwise;

·         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 AirMini App service on our behalf. These data processors and service providers are contractually required to keep your personal information confidential and to use your personal information for the sole purpose of performing the services we asked them to provide. They may not use your personal information for any other purpose;

·         if we are required to do so by law.

Sales of personal information

 

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

Your rights and choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. The following sections describe 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.

·         Category A: Identifiers

·         Category B: California Customer Records personal information categories

·         Category C: Protected classification characteristics under California or federal law

·         Category D: Commercial information

·         Category E: Biometric information

·         Category F: Internet or other similar network activity

·         Category G: Geolocation data

·         Category H: Sensory data

·         Category I: Professional or employment-related information

·         Category J: Non-public education information

·         Category K: Inferences drawn from other personal information

Data access request

You have the right to request that ResMed discloses 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 Exercising your data rights), we will disclose the following information to you:

·         The categories of personal information we collected about you.

·         The categories of sources for the personal information we collected about you.

·         our business or commercial purpose for collecting or selling that personal information.

·         The specific pieces of personal information we collected about you.

·         If we shared personal information with third parties, the categories of these third parties.

·         If we disclosed your personal information for a business purpose, we will provide a separate list of disclosures for the business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion request rights

You have the right to request that ResMed deletes any of your personal information that we collected from you and retained, subject to certain exceptions, as required by applicable law. Once we receive and confirm your consumer request (see 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:

·         complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you

·         detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities

·         debug products to identify and repair errors that impair existing intended functionality

·         exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law

·         engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent

·         enable internal-only uses that are reasonably aligned with consumer expectations based on your relationship with us

·         comply with a legal obligation

·         make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising your data rights

 

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

·         calling us at 1 800 424 0737

·         completing this online request form.

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:

·         provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or proves you are an authorized representative of that person

·         describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.

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

Our intent is 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 electronically or by mail depending on your preference.

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 why 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:

·         deny you goods or services

·         charge you different prices or rates for goods or services, including granting discounts or other benefits, or imposing penalties

·         provide you a different level or quality of goods or services

·         suggest that you may receive a different price or rate for goods or services, or a different level or quality of goods or services.

Personal information from children

We do not knowingly collect personal information from children. The content of our AirMini App 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 AirMini App at any time or in any manner. If a parent or legal guardian becomes aware that their child has provided us with personal information without appropriate consent, 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 information, we will delete their information from our databases.

Updates to this Privacy Notice

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 AirMini App 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 AirMini App.

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 Boulevard
San Diego, CA 92123
United States
Tel: 1 800 424 0737
privacy@resmed.com

RH-1021001r1/2019-12