Common use of Automated decisions Clause in Contracts

Automated decisions. For purposes hereof “automated decision” shall mean a decision by Subsidiary or Masimo which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. Masimo shall not make any automated decisions concerning data subjects, except when: (i) such decisions are made by Masimo in entering into or performing a contract with the data subject, and (ii) (the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties. (b) where otherwise provided by the law of Subsidiary.