Privacy Policy

Last Modified: January 1, 2020

This is the privacy policy (“Privacy Policy”) for the website (“Site”) provided by Sound Start a Masimo Foundation (“Sound Start”).

By using the Site, you agree to accept the terms of this Privacy Policy. Sound Start may amend this Privacy Policy from time to time.

1.         When This Privacy Policy Applies.

This Privacy Policy applies whether you are accessing the Site via a personal computer, a mobile device or any other technology or device (each, a “Device”). This Privacy Policy governs only the Personal Information and Other Information (as those terms are defined below) collected by the Site.

This Privacy Policy, as amended from time-to-time, will remain in force and effect even if your use of or participation in the Site ceases for any reason. If you do not agree with this Privacy Policy, please do not access the Site.

2.         Governing Law and Jurisdiction

The Site is controlled and operated by Sound Start, which is headquartered in the State of California, United States of America. The Site is governed by and operated in accordance with laws of the State of California, without regard to conflicts of law principles. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other locations. By using the Site, you agree that any action at law or equity arising or in any way relating to the Site, shall be filed only under the laws of the State of California. You also agree and submit to the exclusive personal jurisdiction and venue of the courts in San Diego County, California with respect to such matters. Sound Start makes no representation that materials on the website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own risk and initiative and are responsible for compliance with local laws. To the fullest extent permitted by law, you waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

By using the Site, you certify that you meet the age and other eligibility requirements for this Site as set forth in our Terms of Use​, as applicable.  If you do not meet these requirements, if any, please discontinue using the Site immediately as your continued use of the Site indicates that you are agreeing to the collection, use, disclosure, management and storage of your Information as described in this Privacy Policy.

3.         Collection and Use of Personal Information and Other Information.

“Personal Information” refers to information that would allow someone to identify you or contact you, such as your full name, postal address, e-mail address or telephone number. “Other Information” refers to any information other than Personal Information that may be collected about you (Personal Information and Other Information, together, the “Information”).

a.   Information We Collect that You Provide Us.

To the extent we offer user registration on the Site, to register as a member of the Site, you are required to select a user name and password (together, your “User ID”) and may also be required to provide other Information, such as your email address and date of birth. Additional Information may be requested during the registration process (but not required).

We may also provide you with access to certain features or functions that we may offer on the Site. To sign up for or participate in these features or functions, you may be required to provide us with certain Information about you for us to personalize and/or allow you to use such features and functions.

b.   Information Collected Through Use of Cookies and Other Tracking Technologies.

“Cookies” (which may be html files, Flash files or other technology) are text files that help store user preferences and activity. “Web beacons” (also known as image tags, gif or web bugs) are small pieces of code used to collect advertising data, such as counting page views, promotion views or advertising responses. The Site and/or third parties may use “cookies”, “web beacons” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect Other Information automatically as you browse the Site and the web.

By visiting the Site, whether as a registered user or otherwise, you acknowledge, understand and agree that you are giving us your consent to track your use of the Site through these Tracking Technologies.

We use Tracking Technologies to help tailor our content, understand Site and internet usage, improve or customize the content on this Site, personalize your experience on this Site, understand your interactions with email messages (such as the links clicked on and whether the messages were opened or forwarded), save your password in password-protected areas, maintain and administer the Site and for other purposes described in the “Use of Information”. These Tracking Technologies collect “click stream” data and additional Other Information regarding your visits to the Site, may collect such Other Information across multiple sessions on this Site and other websites offered by affiliates and may also collect your IP address or some other identifier unique to the Device you use to access the Site (“Identifier“). An Identifier is automatically assigned to any Device you use to access the Site.  Your Personal Information is not collected as part of this process, but we may associate Other Information collected by Tracking Technologies with Personal Information.

c.   Use of Information.

As set forth in this Privacy Policy, we may share Personal Information with affiliates.  We and affiliates, use the Personal Information we collect from you in a variety of ways, including: processing your registration with the Site, such as verifying that your e-mail address is active and valid; contacting you regarding the administration of your account, any services, features or functions you have enrolled in or registered to use; responding to your questions or other requests; contacting you regarding your use of the Site, for informational purposes related to the Site or, in our discretion, regarding changes to the Site’s policies; improving the Site or our services and for internal business purposes; otherwise to maintain and administer the Site and for other purposes disclosed at the time you provide Personal Information or Other Information.

We, and/or affiliates, use the Other Information we collect from you in a variety of ways, including: keeping count of your return visits to the Site or our affiliates’ or partners’ sites; accumulating and reporting aggregate, statistical information in connection with the Site and user activity; determining which features, webpages, products and services users like best to, among other things, help us operate the Site, enhance and improve our services and the Site and display advertising and marketing information; preparing statistics reports; improving the Site or our services and for internal business purposes; tailoring your experience on the Site and/or otherwise customizing what you see when you visit the Site; saving certain Other Information for use on your return visits to the Site; otherwise to maintain and administer the Site; for the uses described for “Personal Information” and Section 3(b) (“Information Collected Through Use of Cookies and Other Tracking Technologies”) above and for other purposes disclosed at the time you provide the Other Information.

4.         Sharing and Disclosure of Personal Information and Other Information.

a.   Sharing and Disclosure of Personal Information.  Sound Start does not sell, rent, lease, disclose or otherwise share your Personal Information with third parties for those third parties’ marketing purposes.

b.    Operational Service Providers.  We also have the right to disclose your Personal Information to third parties for the purpose of administering and maintaining the Site’s services, features, functions and operations. We will refer to these third parties as “Operational Service Providers”. We may use Operational Service Providers to efficiently provide the full range of content, activities, services, features and functions we bring you and we disclose your Information to Operational Service Providers for the purpose of providing services to us.

c.    Disclosure to Certain Other Third Parties.  In addition, STMF may share your Personal Information as set forth in this Privacy Policy or in the following limited circumstances: when we are compelled to do so by a governmental agency, court or other entity or if requested by a governmental agency or other authority as part of an investigation; if we believe your actions violate any law, rule, regulation and/or the Terms of Use, including, without limitation, this Privacy Policy; if, in our sole discretion, we believe such disclosure to be necessary or appropriate: to investigate or resolve possible problems or inquiries; to protect our business and assets or the rights, property or safety of the Site, the affiliates, or any of its or their licensors, suppliers, customers, users, or any other party; to limit our legal liability; to defend our interests; to enforce this Privacy Policy or the Terms of Use and/or to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities; and/or in the event of a bankruptcy, merger, acquisition, sale, transfer of control, joint venture or other business combination or corporate change involving us or our affiliates.

d.    How to View or Change Your Information. If you do want not us to share your Personal Information, or if you wish to modify the frequency of future communications from Sound Start, please write to us at our headquarters or e-mail address set forth in the “How To Contact Us” section below.

5.         Protection of Information.

While no data transmission over the Internet is 100% secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Information. However, regardless of our efforts and the Device you use to access the Site, it is possible that third parties may unlawfully intercept or otherwise access transmissions or private communications over an unsecured transmission.  We also limit access to the Site by our own employees to those individuals who are authorized for the proper handling of such information.  We request that our Operational Service Providers follow similar standards of security and confidentiality.

6.         Changes to this Privacy Policy and Notice.

We reserve the right to revise this Privacy Policy at any time by posting an updated Privacy Policy without advance notice to you.  Such revisions shall be effective immediately upon posting. Notice of material changes will be posted on the Site’s homepage.

7.         California Residents.

Companies that collect Personal Information from California residents and disclose such information to third parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having his or her information shared with third parties. Sound Start has elected the second option, and you may request that your Personal Information not be shared with third parties by utilizing the opt-out right or sending your request, including your full name, email address and postal address, to Attn. [NAME AND PHYSICAL ADDRESS]. California residents are also entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

8.         Opt-Out.

You may, at any time, have your name excluded from any list exchange activity.

To request that your name be excluded from list exchange activity or to otherwise change how Sound Start contacts you, please email us at [EMAIL ADDRESS] or feel free to contact us at [PHONE NUMBER].

If you opt back into a specific service, you will receive communication in that manner regardless of your overall opt out selections. For example, if you request a newsletter subscription, we will provide you that subscription, even if you previously asked us not to contact you at all. We will take all reasonable efforts to ensure that your requests are honored in a timely fashion. Please note that if you are an active participant in one of our fundraising events, you may receive communications related to that event regardless of your overall opt out selections. If you do not wish to receive emails about that event, please opt-out using the “unsubscribe” link provided in the communication.

9.   How to Contact Us.

If you: have questions about this Privacy Policy; do not understand any information about how we collect, maintain, use or share your Personal Information or Other Information; wish to change any of the Personal Information you have provided; do not want us to share any of your Personal Information; or do not wish to receive further communications from us, you may contact us as follows:

Sound Start a Masimo Foundation, Attention: [PHYSICAL ADDRESS], E-mail address: [EMAIL ADDRESS]

10.  Miscellaneous.

a.   Accuracy and Confidentiality.   It is your responsibility to give us current, complete, truthful and accurate information, including Personal Information, and to keep such information up to date.  We are not responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or Personal Information or you fail to update such information or Personal Information.  We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

You are solely responsible for maintaining the strict confidentiality of your password, if applicable, and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so. You are solely responsible and liable for the activity, behavior, use and conduct on the Site under your password (whether used by you or any others who use your password), unless and until you notify us that your password may have been compromised, misappropriated or improperly taken or used by another party.  We reserve the right to deny access, use and registration privileges to any user, including without limitation, a registered user, of any services, features or functions of the Site if we believe there is a question about the identity of the person trying to access the user’s account or any services, features or functions.

This Privacy Policy was last modified on the date indicated above and is effective immediately.