Privacy Policy

TERMS OF USE & PRIVACY POLICY

Last Modified: January 31, 2019

Please read this Terms of Use and Privacy Policy document carefully before Using Rockmount Medical Solutions Inc. Web site. When You Use the Rockmount Web site, You consent to the terms and conditions and the practices described in this document. It applies to You if You access the Rockmount Web site directly, through a third-party or be other means. It takes precedence over any conflicting terms published by a third party regarding Your access or Use of the Rockmount Web site.
As Rockmount expands its offerings and as technology evolves, We may, from time ot time, update Our terms of Use and privacy practices to address these changes. We encOurage You to check here on a regular basis for updates to this Terms of Use and Privacy Policy.

CONTENTS

  1. Terms of Use
  2. Definitions We Use in this Privacy Policy
  3. General Introduction
  4. Copyright & Trade Marks
  5. Information on the Web Site
  6. What information do We collect?
  7. How We Use the information We collect?
  8. How do We share the information?
  9. Where is the information stored?
  10. How long is the information stored?
  11. How can You access and control Your information?
  12. Data Security
  13. How do You contact Us?
  14. Disclaimer/Limitation of Damages

The Use of Our site is governed by Our Terms of Use and Privacy Policy.

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. These terms of Use describe the rules for Users of the Rockmount Medical Solutions Inc. Web site. A Rockmount Web site may be Used only for information purposes and, in certain circumstances, to place secured orders according to the applicable Rockmount User Agreement. By Using a Rockmount Web site or uploading materials to a Rockmount Web site, You agree to abide by the terms of Use set forth in this notice (“Terms of Use”) and Rockmount’s Privacy Policy (“Privacy Policy”).

You may access, browse or otherwise Use Our Web site only if You agree to these Terms of Use. By accessing, browsing or otherwise Using Our Web site You agree to these Terms of Use without qualification, including any changes that may be made to these Terms of Use by Us from time to time. The last date these Terms of Use Were changed or otherwise revised is set out above. We reserve the right to make changes from time to time to the content of Our Web site, including these Terms of Use, without prior notice. Please review these Terms of Use each time You visit Our Web site.

Confidentiality. Subject to Our Privacy Policy and any written agreement signed by You and Us, electronic communications, or other communications, transmitted by You to Us through Our Web site or otherwise will be received by Us on a NON-PERSONAL, NON-CONFIDENTIAL AND NON-PROPRIETARY BASIS and We will be entitled to the free and unrestricted Use of the content of Your communications for any purpose, commercial or otherwise.

Personally Identifiable Information. The collection of personally identifiable information on Our Web site and the Use and disclosure of the information is governed by the terms of Our Privacy Policy.

Your Conduct. Your Use of Our Web site must be for lawful purposes only and must comply with these Terms of Use. You will not take any action that might compromise the security of Our Web site, render Our Web site inaccessible to others or otherwise caUse damage to Our Web site or that might interfere with Our rights or those of third parties.

PRIVACY POLICY

DEFINITIONS WE USE IN THIS PRIVACY POLICY

We Use certain defined terms in this Privacy Policy. They have the following meanings:
“Rockmount”, “We,” “Our,” and “Us” refers to Rockmount Medical Solutions Inc. and any and all entities that are controlled by or under common control with Rockmount Medical Solutions Inc.

“Rockmount Sites” include but are not limited to all Rockmount wired and mobile Websites, digital products, services, Websites, electronic commerce, data, content, advertising, and other elements. These other elements may include sign-up screens, data input and tracking, and other interfaces.

“Personally Identifiable Information” or “PII” means information by which a natural person can be specifically identified. This information includes things such name, address, and email address. Your Username and a password You supply are examples of PII. Information about a device or the location of a device may be PII, but only if We also have other information that, when combined with information about that device, might lead to the identification of You or another natural person.

“Providers,” refers to non-Rockmount entities such as, but not limited to, manufacturers, service providers, data collection services and other third parties. These Providers may also collect information about You.

“User,” “End User”, ”Customer”, “You,” “Your,” and “Visitor,” whether in the singular or plural refers to a natural person who views, downloads or interacts. 

GENERAL INTRODUCTION

Welcome to the www.rockmount.ca Web site. The Web site is provided by Rockmount Medical Solutions Inc. Rockmount is a Canadian company, working with world-wide leading manufacturers of therapeutic, rehabilitation and Wellness related medical devices and products. We offer Well conceived solutions and a wide range of new perspectives in treatment options to healthcare improvement within Canada and around the world. Rockmount aims to improve its Service by providing digital solutions for its Customers and its End Users.

Rockmount is dedicated to protecting the confidentiality and privacy of personal data entrusted to it. This Privacy Policy applies to personal data collected in connection with the services and products offered by Rockmount to its Customers and Customers’ End Users. By Customer, We mean an entity who has acquired the Service from Rockmount and by an End User We mean a natural person Using the Service as Our Customer’s client or as Customer’s employee.

This Privacy Policy explains and governs Rockmount’s personal data collection, processing and Usage practices in relation to the Services. By registering and/or submitting Your personal data to Rockmount by Using the Service, You are also agreeing to the that Rockmount may Use Your personal data in accordance with this Privacy Policy. If You do not agree with the personal data processing practices described herein, You are not entitled to Use the Service.

Based on the agreement betWeen Rockmount and its Customer and Your consent, Rockmount processes (eg. Collect, Use, disclose, transfer, store) Your personal data in connection with the provision of the Service.

COPYRIGHT & TRADE-MARKS

The content of this Web site, including its design, text, graphics, logo, the selection, and arrangement thereof, is protected by worldwide copyright and trademark laws. Any rights not expressly granted herin are reserved. The content of this Web site may otherwise not be downloaded, copied, stored in machine readable form, reproduced, disseminated, adapted, modified or otherwise used, without first obtaining Our written permission. Rockmount consents to You browsing Rockmount’s Web site on Your computer and downloading or printing content only for Your personal Use for non-commercial purposes provided that such Uses are not competitive with or derogatory to Rockmount or its suppliers. No modification or further reproduction of the content is permitted.

The trade names, trade marks and products contained in Rockmount’s Web sites, whether they are solely owned by Rockmount or one of its Providers, are protected in Canada and internationally. Your access to Rockmount’s Web site should not be construed as granting, by implication, any license or right to Use any marks appearing on Rockmount’s Web sites without the prior written consent of an authorized Rockmount representative or the third-party owner thereof except to identify the products or services of the company.

INFORMATION ON THE WEBSITE

Information on Our Web Site. Most of the information on Our Web site relates to products from manufacturers whom We exclusively or non-exclusively represent. Information on Our Web site is not intended to and cannot replace the relationship You have with Your health care professional. You should always talk to Your healthcare professional for diagnosis and treatment.

Some or all of the products featured on Our Web site may not be available for sale or Use in Your jurisdiction. The fact that a product is shown on Our Web site does not imply that the product is available, or that We intend to make it available, for sale or Use in Your jurisdiction. Please consult with Our Customer Service Department if You have any questions regarding the availability of a product for sale or Use in Your jurisdiction.

The terms and conditions governing the sale of products featured on Our Web site consist only of those terms and conditions of sale as set out in a written agreement signed by Us and the manufacturer. If no such written or electronic agreement exists, then the terms and conditions of sale will consist only of those terms and conditions set out in and attached to Our order/invoice acceptance form. Nothing in Our Web site, including, without limitation, any statements regarding capacity, suitability for Use, or performance, is to be construed as a representation, warranty, or condition by Us with regard to any of the products for any purpose whatsoever.

WHAT INFORMATION DO WE COLLECT?

We collect information, including PII, on Rockmount Sites during the purchase process, registration process and through Your Use of Rockmount Sites that We believe will allow Us to better and more efficiently serve You.

Personal Data. When using the Web site, We may request that You provide certain personal data that is related to Your Usage of the Web site. Processed personal data may include, for example: Your name, contact details (such as address, e-mail, and phone number), workplace location, workplace role and other information that personally identifies You or relates to the Use of Web Site.

Website Usage, Log files, and Cookies. You are free to explore the Rockmount Website without providing any personal information about Yourself to Rockmount. However, We may collect certain information received automatically when Using Our Website. Such information refers to Your computer (or to another device) and Your visits to Our Website. This information includes:

  1. information about Your interactions with Our Website, including products and services which are displayed, offered or otherwise made available on the Website;
  2. technical data, such as the referring Website address, access times, Your IP address, device identifier, network, and computer performance, browser type, language and operating system;
  3. location information. We may Use cookies and similar technologies to collect this information. We may store and Use this information in accordance with this Privacy Policy.

Information We ask You to provide. We may ask You to provide PII or allow Rockmount and/or its Providers to identify or contact You. We may request this information when We ask You to register for fee-based services, although some free products and services may also request or require registration. For example, We may request PII from You when You create an account, download an application or content through Rockmount Sites, upload content (e.g., photos, videos) to Rockmount Sites, subscribe to e-mail newsletters or other content made available by Rockmount Sites, or report a problem with Your account or Rockmount Sites. As a registered subscriber or User, You may be able to download software, order e-mail newsletters or participate in additional services or other promotions offered on Rockmount Sites.

Information Collected by Our Customers. Our Customers can Use the online tools and functionalities We provide in connection with the Service, as Well as tools provided by third parties, to collect information when You Use the Service. Rockmount does not control its Customers’ Use of these tools or functionalities. In Our agreements with Our Customers, We require that they comply with applicable privacy laws and that they will provide any required notices regarding sharing Your personal data with Us collected by Using the Service.

Information Your device provides passively about the device, the network it is on and the device’s location. Your Use of Rockmount Sites may result in the assignment of unique identifiers (IDs). Some of these IDs are generated by Your device and some of these are provided to Your device by Us or Our Providers. These may be in the form or numbers or combinations of letters, numbers and other characters or other codes. These may be Used to allow Rockmount and its Providers and others who assist Rockmount in the support of Rockmount Sites to know Your device’s location or Web browsing movements.
When You Use Rockmount Sites, Your device may send Us some or all of the following:

  • GPS coordinates of a device. On many devices, enabling or disabling “Location Services” or a similar setting controls whether the device sends GPS coordinates.
  • Internet Protocol (IP) Address. An IP Address is a number automatically assigned by Your Internet Service Provider (ISP). The IP address is the host computer a device Uses to connect to the ISP’s network to send information to Us or to Our Providers and for a device to receive information back form Us or from Our Providers.
  • Device ID. A Device ID is a combination of letters and numbers that is unique to the device You are Using. The Device ID identifies the device, regardless of who is Using the device. On many devices, the Device ID is provided by the device manufacturer and stored permanantly in the memory of the device. Depending on how the manufacturer configured the device, You many not be able to change it.
  • Information about other devices that are near Your device. Your device commonly has several types of wireless communications methods, and each is enabled or disabled separately by You. If You are Using a wireless or cellular connection, the device may log and transmit when it has come in contact or connected to other devices or components of the network the device is Using. These include things such as:
    • When You enable WiFi, a service set identifier (SSID) of a WiFi access point near the device
    • When You enable a cellular connection, a cell tower near the device
    • When You enable Bluetooth, a Bluetooth beacon near the device
  • Information about other devices that are near Your device. Your device commonly has several types of wireless communications methods, and each is enabled or disabled separately by You

If You turn off “Location Services” or a similar setting that controls GPS functionality, the device still may automatically send or receive this other information as long as You have these other communications types enabled. You should read the instructions related to Your device, operating system or browser to learn about how to control the information Your device may transmit.

HOW WE USE THE INFORMATION WE COLLECT?

It is important for Us to know Our Users. Rockmount may Use Your personal data and other data We collect to:

  1. Provide You a User-friendly and engaging service with content We believe will be most relevant to You
  2. Provide, personalize and improve the Service or this Website, for example by providing customized or localized content;
  3. Provide You up-to-date information on Our products, Our services, and the Rockmount Sites;
  4. Ensure the technical functioning of the Service and Website, develop new features, functionalities or services and provide support;
  5. Process and verify product orders;
  6. Bill/Invoice for subscription-based Rockmount Sites and other services
  7. To perform research, analyze and compile statistical information about Your Use of the Service or Website, including Your interaction with content made available therein;
  8. Communicate with You for purposes related to the management of Our Customer or End User relationship (including billing, surveys, newsletters etc.);
  9. Send You promotional material and other marketing communications relating to Our or Our Customers’ products or services, and
  10. To enable interoperability and data (including personal data) exchange between the Web site service and third party service providers or product manufacturers.

Your personal data is not processed for other purposes than defined in this Privacy Policy unless We obtain Your consent for it or it is permitted by the applicable law.

HOW DO WE SHARE THE INFORMATION?

We will not sell Your personal data to any third party.

However, We may share the data (whether personal data or non-personally identifiable data) with Our manufacturing partners or subcontractors for the above purposes. In case We share the data, We will ensure that personal data is shared and processed only to the extent necessary and only for the intended purpose. Such third parties are also required to maintain the confidentiality of Your personal data.

We may Use aggregated and anonymized information about End Users for the purposes of internal research and to determine trends or metrics concerning how End Users are engaging with Our Service or Website. We may disclose reports of such general trends publicly or share mentioned information with Our affiliates or business partners for product development, without disclosing End Users’ personal data.

Transfers of Personal data to Other Countries. In order to ensure proper functioning of the Service and Our Website, and to facilitate Our global operations, We may need to share and transfer Your personal data with companies operating in other countries.

You expressly consent that Rockmount has the right to share and transfer Your personal data to other countries for the purposes described in this Privacy Policy. In addition to transferring based on Your expressly given consent, We may transfer Your personal data to other countries on other legal grounds as stipulated in the applicable privacy laws.

Third Party Social Network Services and External Websites. The Service may enable You to promote and share Your own data (including personal data) with third party social network services (such as Facebook, Twitter etc.). The Use of Your content and related information (including personal data, if any) on these services or products is subject to the terms and conditions and privacy policies of the relevant third party service providers or product owners, and We do not have access or control over nor do this Privacy Policy apply to these third party services.

Our Websites may include links to third party Websites. Please note that We do not control, and are not responsible for the content or practices of such Websites, which are subject to their own terms and conditions, and privacy policies.

Disclosures relating to Our Provider Google. Some or all Rockmount Sites make Use of Google Analytics Demographics and Interest Reporting. Rockmount Sites also may make Use of other Google Analytics features. Data from Google Analytics Demographics and Interest Reporting may be utilized by Rockmount to help recognize and understand User preferences to make improvements to Rockmount Sites, to choose content to display to You, and for other business purposes that will allow Rockmount to better serve You.

WHERE IS THE INFORMATION STORED?

Rockmount Sites are controlled and operated from within Canada. PII may be stored and processed in any country where We have Providers or Manufacturers. When You consent to Use Rockmount Sites, You are consenting to the transfer of information to countries outside of Your country of residence, which may provide for different data protection rules than in Your country.

HOW LONG IS THE INFORMATION STORED?

We retain PII for as long as You have a registered account with Us or as long as needed to provide You services on the Rockmount Sites. If You request that We delete or restrict certain PII about You controlled by Us, We will comply with Your request, but We may retain and Use the PII for a period of time. For example, We may Use the records to follow-up on a request, resolve a dispute or as needed to comply with applicable law. In addition, some PII may be stored on back-up files for financial, legal, or technical reasons.

HOW CAN YOU ACCESS AND CONTROL YOUR INFORMATION?

Controlling Information Your Device Sends to Us. Most devices and Web browsers offer privacy settings and options where You can control the information that Your device sends. Changing these settings will not prevent You from seeing offers, but those offers may not be tailored to Your interests and needs. You may disable cookies, reset Your IDFA or AAID, turn off location-based (GPS) services, or select “Do Not Track” features. We do not override these settings or options. We encourage You to Use them to enhance Your choices and personalize Your experiences. However, in order to access certain content, features, services, products, or benefits of Rockmount Sites, You may be required to provide Us certain information. If You do not wish to provide that information, or if You utilize these privacy features, You may be unable to obtain some or all of the content, features, services, products, or benefits.

Accessing and updating Your online account information. If You have an account or subscription with Us where You voluntarily provided PII through email and registration forms, the best way to access or control this information is to visit the applicable Rockmount Site to update Your online profile and change Your password. If You have a User name or password associated with an account, You are responsible for maintaining the confidentiality of Your User name and password.

Users accessing from the European Union. You have the right to request that We confirm what PII We collect or hold about You, provide a copy of Your PII to You in a machine-readable format and to ask Us to correct or update the PII. You also have the right to ask Us to delete Your PII that We hold, in accordance with applicable law. However, the deletion of the PII may impact Your access, Use, and ability to Use features on the Rockmount Sites.

A note about links to Provider sites from Rockmount Sites. You may seek access to certain products or services on Rockmount Sites that are available through third parties, either through their own Web sites or on Web sites hosted by or linked to Rockmount Sites. When ordering, registering for, or purchasing products or services from these Providers, You may be entering into an agreement with a Provider, and not with Rockmount, and the Provider’s terms may apply. Those terms may differ substantially from this Privacy Policy and other Rockmount terms and conditions. You should read and understand Providers’ terms of Use and policies before Using their sites or entering into agreements with them. If You have questions or concerns about their sites, terms or conditions, or privacy policies, You should contact the Providers directly. Rockmount neither endorses nor accepts responsibility for the contents of the Provider sites, products or services. For convenience, We may provide information and contact information about Providers, but We cannot ensure that the contact information is correct or accurate.

Use by Children under age 18. Rockmount Sites are not directed to children and Rockmount does not intend to collect any PII from children. Please do not allow children under age 18 to Use Rockmount Sites, provide any PII to Rockmount, or ask questions or participate in chat rooms on Rockmount Sites. If We are notified with verifiable information that a child under age 18 has provided PII to Us, We will delete that information as soon as reasonably possible. If You become aware that a child under age 18 has provided such information, please send Us a detailed email with all identifiable information at office@rockmount.ca so We may delete this information. We have no way to control the Use of an access device that You allow a child under age 18 to Use, and therefore the device may be sending Us information about the device’s location and other factors. PLEASE EXERCISE CONTROL OF YOUR DEVICES TO PREVENT MINORS FROM GETTING INTO A SITUATION WHERE THEIR LOCATION MAY BE DISCLOSED TO US, OUR PROVIDERS, OR OTHER THIRD PARTIES.

DATA SECURITY

We take reasonable administrative, physical and electronic measure signed to protect the information (including personal data) that We collect or receive from or about End Users of Our Service from unauthorized access, Use or disclosure. For example, when You enter personal data on forms on Our Service, We encrypt this data Using relevant encrypting methods (for example SSL) or other technologies. We have to inform You, however, that no method of transmitting information over the internet or storing it is completely secure. For that reason, We cannot guarantee the absolute security of any information (including personal data).
Access to personal data is given exclusively to authorized persons on Rockmount’s side or its Customers, Providers or Subcontractors, for instance, in connection with the supply of support services or other services relating to the Service. We have ensured that Our employees do not process personal data on a wider basis than required for the provision of the Service. Rockmount’s personnel have received training on the confidentiality obligations and restrictions relating to the processing of personal data.
Controlling Information Your Device Sends to Us. Most devices and Web browsers offer privacy settings and options where You can control the information that Your device sends.

HOW DO YOU CONTACT US?

Contact Us at office@rockmount.ca or through the “Contact Us” on a Rockmount Site. You may also contact Us in person in Our office or in writing:

Rockmount Medical Solutions Inc.*
756 Mineral Springs Rd.
Dundas, ON CANADA L9H 5E3
+1.647.875.5405
*Province of Ontario, Health Canada and Canadian registered business name

Note that for most of Our Users, We may have information about a device the User has Used, but not the name, address or other PII of the User. When You contact Us, You may be providing Us with some of this PII for the first time.

To help protect Your privacy and provide security, We may take reasonable steps to verify that You are the authorized User of a device where You are making a request for Us to provide You information about the device or amend or delete information We have related to that device.

DISCLAIMER/LIMITATION OF DAMAGES

We make no representations or warranties with respect to the currency, completeness, or suitability for any purpose of the content of Our Web site. The content from or through this Web site is provided “AS IS”, “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, AND CONDITIONS OF MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We assume no liability for any damages or injuries resulting from Your access to, browsing, or other Use of or inability to Use Our Web site, including, without limitation, any liability for any damages caused by viruses contained within the electronic files on Our Web site, including, without limitation, any hyperlinked Web sites. You are responsible for taking all necessary precautions to ensure that any content You obtain from Our Web site is free of viruses and any other potentially destructive computer code.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED WITH US WILL BE LIABLE TO YOU OR OTHERS, UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGILIGENCE) OR ANY OTHER LEGAL THEORY OF LIABILITY, FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, AND LOSS OF DATA, RESULTING FROM OR RELATING IN ANY WAY TO YOUR ACCESS TO, BROWSING, OR OTHER USE OF OR INABILITY TO USE OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY HYPERLINKED WEB SITE, AND EVEN IF WE OR ANY PERSON OR ENTITY ASSOCIATED WITH US HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

IF ANY DISCLAIMER, LIMITATION, AND EXCLUSION OF LIABILITY IS FOUND TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE TOTAL CUMULATIVE LIABILITY, IF ANY, WILL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED $25 CAD.

Links to other Web Sites. Our Web site may contain links or pointers to other Internet Web sites. The links and pointers do not constitute endorsements of any products or services in any of those Internet Web sites, and no content of any of these Web sites is endorsed or approved by Us. Your Use of third party links provided for under Our Web site is “at Your sole risk”.

Law Applicable to Disputes. Our Web site is controlled, operated and administered within the Province of Ontario, CANADA. You confirm that Your agreement to the Terms of Use was made in Dundas, Ontario and that the validity, interpretation, and enforcement of these Terms of Use, and Your and Our rights and liabilities, will be governed by Ontario domestic law. By browsing, accessing or otherwise Using Our Web site, You hereby irrevocably consent to the exclusive jurisdiction and venue of the Ontario Courts with regard to all disputes of any nature whatsoever resulting from or in any way relating to Your access to, browsing of, or other Use of or inability to Use Our Web site, including, without limitation, any hyperlinked Web sites.

Severability/Waiver. These Terms of Use constitute the entire agreement between You and Us with respect to Your access, browsing or other Use of Our Web site. If any portion of these Terms of Use is declared invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable portion of the Terms of Use will be deemed severed and the remaining Terms of Use will continue in force and all rights and remedies accrued under the valid and enforceable Terms of Use will survive the declaration. To the fullest extent permitted under applicable law, any invalid or unenforceable Terms of Use will be replaced by a provision which, being valid and enforceable comes closest to the intention underlying the invalid or unenforceable provision.

No waiver by Us of any violation by You of any of these Terms of Use will be effective unless made by a written instrument signed by Us. Any waiver given by Us will not constitute a waiver of any prior or subsequent violation by You of any of these Terms of Use.

Language. If You are a resident of any jurisdiction where the native language is not English, You confirm that You have requested and have consented to these Terms of Use being drafted in the English language.