AirMini App Privacy
Effective: May 2018
At ResMed, security and privacy are fundamental to the design of all our products, software and services, including products like the AirMini by ResMed App (AirMini App) to be used solely in conjunction with the software embedded in the AirMini machine (Machine) you purchased, or obtained the right to use.
We collect, store and use your data in the manner set out in this Privacy Notice to provide you the AirMini App service for the purpose of complying with our obligations to you when you acquire the Machine.
In this Privacy Notice, the terms “you” and “yours” refer to the person using the AirMini App and Machine.
In this Privacy Notice “we,” “our,” “us” and “ResMed” refer to:
- 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 installed the AirMini App is North, South or Central America;
- ResMed SAS, a company incorporated in France (company registration number 407775170) whose registered office is at Parc Technologique de Lyon, 292 Allée Jacques Monod, 69791 Saint-Priest CEDEX, France (+33 426 100 200), if your usual place of residence when you installed the AirMini App is in France;
- ResMed Deutschland GmbH at Haferwende 40, 28357 Bremen, Deutschland (+49 421 489 930), if your usual place of residence when you installed the AirMini App is in Germany;
- ResMed (UK) Ltd., a company incorporated in England (company registration number 02863553), whose registered address is 8 Wimpole Street, London W1G 9SP, United Kingdom (+44 0 1235 862 997), if your usual place of residence when you installed the AirMini App is anywhere in Europe other than France or Germany; and
- ResMed Holdings Limited, a company incorporated in Australia (company registration number 28 003 765 133), at 1 Elizabeth Macarthur Drive, Bella Vista, NSW 2153, Australia (+61 2 8884 1000), if your usual place of residence when you installed the AirMini App is in the Asia-Pacific region or the Middle East.
The Privacy Notice is delivered in accordance with local data protection laws. ResMed is responsible to ensure your personal data, including special categories of personal data (such as health data), is processed and protected under the principles and safeguards in the local legislation applicable to you. The Privacy Notice provides you with information about your rights, and the privacy practices that govern how we process your data.
About this Privacy Notice
This Privacy Notice sets out:
- Why we process your personal data and the legal basis for processing
- What data is collected and how it is obtained and used
- Data used in the AirMini App that we do not collect
- How we protect your data
- Who we share your personal data with
- Where your data is currently hosted and processed
- How long we retain your personal data
- Your personal data rights
- Use of the AirMini App by children
- Updates to this Privacy Notice
- Questions and complaints
- Your right to lodge a complaint with a supervisory authority
- Data Protection Officers (EU only)
We process your personal data only if you consent to this processing for purposes of providing you the AirMini App.
Under certain laws we are required to state the legal basis for processing your personal data and special category data. We process your personal data on the legal basis that processing is required to provide you with the AirMini App and that processing is required to comply with our legal obligations. We rely on your consent to process any health data that is classified as a special category of personal data.
a. Data when you upload your Machine data to our cloud through the AirMini App
When you first access the AirMini App, you will be prompted to sync your 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:
- Sleep data: Time when therapy started and stopped; mask seal; number of apneas, hypopneas, respiratory effort-related arousals and Cheyne-Stokes respiration events; number of times you put on your mask and then took it off; and mask pressure.
- Machine data and settings: Machine serial number; setting changes; Machine logs; length of time the Machine has run since the last service; total accumulated time that the motor has run since it was installed in the Machine; accumulated breath-activated usage time; total Machine run time; date and time of when data was last erased; date and time when therapy was last run; and Machine identification data, which includes product code, product name, Machine software version and Bluetooth® software version.
- Smart device identification data: Smart device unique identifier number, time zone and AirMini App version.
Sleep, Machine and smart device identification data are used to: (i) calculate the myAir score on the AirMini App (as set out in details in the AirMini App User Guide); (ii) 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, (iii) 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.
b. Personal data 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.
c. Personal data 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.
d. Special categories of personal data
Other than the special categories of personal data (health data) described in this Privacy Notice, we do 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.
Note: The AirMini App is designed as a stand-alone mobile application. This means that you do not need to register, have an account or log in when you use the AirMini App.
e. Collection and use of anonymous data
We may collect general, non-personal anonymized information about the use of the AirMini App (such as which pages were visited and how long a user stayed on a page) to help us understand how users interact with the AirMini App to improve it. We use a third-party service provider to help collect this information. The provider does not collect or access any personal data (nor the handset identifier on iOS™ devices, nor the advertiser ID on Android™ devices) or Machine data and does not link such data to your usage data of the AirMini App. You can opt-out at any time after you download the AirMini App; otherwise you consent to and accept the collection of anonymized information. This data will in no way personally identify you or any other users of the AirMini App.
a. Data displayed on the AirMini App
When you sync your Machine with the AirMini App, the following data is transferred from the Machine and displayed on your smart device but not stored anywhere except on the Machine:
- Ramp Time
- Pressure Relief
- SmartStart and SmartStop (as set out in detail in the AirMini App User Guide)
- Real-time data: current mask pressure and the ramp time remaining
The AirMini App uses the data above to show you the current Machine settings on the Sleep screen.
b. Data stored only on the AirMini App and not transmitted to our Machine data cloud
If you do not allow the AirMini App to upload your Machine data to our Machine data cloud, this data and the smart device identification data will be stored in the AirMini App locally on your smart device for 365 days. The AirMini App displays only the last 30 days of data.
If you delete the AirMini App from your smart device, all Machine data on this device will be deleted as well. We do not have access to any data stored on your smart device.
We use a combination of technical and administrative security controls to maintain the security of your data. For example, we use strong encryption when you allow the transmission of data from the AirMini App to our Machine data cloud and when your data is at rest either on the AirMini App or in our Machine data cloud (if you choose to store your data there). Despite the security measures employed by ResMed, you should be aware that it is impossible to guarantee absolute security with respect to data protection. If we confirm that your personal data has been subjected to a data breach, we will follow applicable data breach notifications laws.
If you choose to store your Machine data in the AirMini App on your smart device, we recommend that you:
- enable the remote data wipe function on your smart device as this allows you to remotely erase personal data from your smart device if it goes missing (refer to your smart device user instructions)
- enable PIN or fingerprint security on your smart device (refer to your smart device user instructions)
- avoid unsafe modification of the smart device operating system such as “rooting” or “jailbreaking”
- keep your operating system up-to-date with security patches
- update your AirMini App whenever updates are available from the App Store™ and Google Play™ store. Ensure that you always have the latest version installed on your smart device.
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 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 AirMini App 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.
- We may share your personal data if we are required to do so by law.
You control what healthcare or home medical equipment provider you want to share your Machine data with.
- To apply prescription settings to the Machine, your healthcare or home medical equipment provider requires your consent. You need to allow them access to these settings either by having them pair your Machine with an AirMini App on their own smart device or by allowing them physical access to your smart device to update the settings.
- If your healthcare or home medical equipment provider uses ResMed’s AirView™ service, and you consent to having your Machine registered under the AirView service, then in certain countries they will be able to access your sleep data and Machine settings through AirView. Your healthcare or home medical equipment provider can use this data to guide your therapy.
a. Sleep and Machine data
If you choose to store your data on our Machine data cloud, the data will be hosted and processed according to where you are located:
- European users: European Economic Area
- Asia-Pacific users: Japan
- All other users: United States
If you choose not to have your sleep and Machine data on our Machine data cloud, your data will only be hosted locally on the AirMini App on your smart device. For more information, see Section 3: Data used in the AirMini App that we do not collect.
You can change your data storage preference in the AirMini App by tapping the More menu and switching the Upload sleep data option to on or off.
b. Contacting us to send feedback
When you use the Send feedback feature, we receive your feedback via email, and your email address, application logs, Machine logs, Machine serial number and any content you submit to us voluntarily will be stored on our servers in the United States and may be processed in Canada.
c. Contacting us by email
Whenever you send us an email at firstname.lastname@example.org or email@example.com, any personal data provided in the email, including the email address, will be stored on our servers in the United States and may be processed in Canada.
Whenever you send us an email at firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, or email@example.com, any personal data provided in the email, including the email address, will be stored and processed on our servers in Europe.
For users in Europe: The European Commission has the power to determine whether a country outside the European Union offers an adequate level of data protection if data is processed in that country. We rely on the European Commission’s adequacy decision in relation to Canada.
When you submit feedback or contact us with a concern or question about the Machine or AirMini App, by law we must retain this information for 15 years.
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
- 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.
You can send us a request by emailing us at firstname.lastname@example.org if you are in Europe or email@example.com if you are anywhere else. Your rights are not absolute and we will assess them on your request.
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.
We do not knowingly collect personal data from children. The 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 download or use the 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 data without appropriate consent, please contact us by sending an email to firstname.lastname@example.org (if you are in Europe) or email@example.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.
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 and the Machine 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 and the Machine.
If you have questions or concerns about this Privacy Notice, or you want to make a complaint about a possible breach of local privacy laws, please contact one of the following offices:
ResMed Deutschland GmbH
Tel. +49 421 489 930
9001 Spectrum Center Blvd.
San Diego, CA 92123
Tel. 1 800 424 0737
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.
German Data Protection Officers
ResMed Deutschland GmbH
Tel. 0421 48993-0
ResMed GmbH & Co. KG
Tel. 089 9901-00
French Data Protection Officer
Bureau du délégué à la protection des données
Parc Technologique de Lyon
292 Allée Jacques Monod
69791 Saint-Priest CEDEX
Tel. +33 426 100 200
EMEA Data Protection Officer
ResMed Germany Inc.
Data Protection Office