Umbian Inc. designs, develops and markets health monitoring software solutions to customers around the world. Leveraging leading-edge technology and strategic partnerships, Umbian creates innovative solutions to complex challenges faced by providers, clinicians and patients in the health care market. Umbian is owned by ResMed Inc. (RMD – www.resmed.com); a global leader in the development, manufacturing, and marketing of medical products for the diagnosis, treatment and management of respiratory disorders, with a focus on sleep-disordered breathing.
Umbian’s flagship product, U-Sleep, is a web-based solution that streamlines the process of defining compliance rules, coaching patients, notifying trusted individuals and analyzing program results.
An innovative sleep apnea compliance management solution that monitors Continuous Positive Airway Pressure (CPAP) device usage.
The type of Information submitted to or collected by Umbian varies depending upon the nature of the activity and relationship with Umbian.
1. Browsing the Website: When You browse the company's website, Umbian may collect information regarding the domain and host from which You access the Internet, the Internet Protocol address of the computer or Internet Service Provider You are using, and anonymous site statistical data. This information is collected for the purpose of assessing the effectiveness of the company's website and for security reasons.
2. Inquiries: The website contains various forms, links to company e-mail addresses, and fax numbers that You may use to solicit information about the website, Umbian services, and the company in general. When You complete and submit a form, send us an e-mail, send us a fax, or contact us by telephone, Umbian may store the inquiries and their contents, including any personally identifiable information You may have provided. Any personally identifiable information You submit via an inquiry is collected only with Your knowledge and active participation.
3. Use of Umbian Services: When You agree to use Umbian services ("Services"), You will be required to provide personally identifiable information and to enter into a written agreement with Umbian. If You ordered any products or services from businesses that use our Services ("Umbian Customers"), You were required to submit personally identifiable information ("Order Information"). Umbian Customers transmit Order Information to Umbian for the purpose of processing Orders. Order Information is maintained in servers located within the CANADA and the U.S.A. and may also be maintained in servers located in Europe or Asia, depending on where the order originates or the geographic location of an Umbian Customer. Umbian may maintain Order Information for a certain period of time to comply with audits or for disaster recovery purposes.
4. Notice for Canadian Users: Umbian privacy practices are in accordance with all federal and provincial laws and regulations. We are compliant with the Personal Information Protection and Electronic Documents Act (PIPEDA).
Usage and disclosure of Your Information varies based on Your relationship with Umbian. Umbian never sells any personally identifiable information and, except as expressly set forth below, never discloses personally identifiable information to any third parties.
1. Browsing the Website: Information collected while You are browsing our website may be used to analyze trends, administer the website, improve site performance, gather broad demographic information, and for security purposes. Such Information may be disclosed to third parties to provide any of the aforementioned activities on behalf of Umbian.
2. Inquiries: Information collected during the course of You submitting an inquiry via online form, e-mail, fax, or telephone call may be used by Umbian to respond to Your inquiries or to contact You to inform You of services of Umbian that may be of use to You. Information collected during the course of an inquiry will not be disclosed to any third party unless such third party has been contracted by Umbian, with obligations of confidentiality, to contact You on our behalf.
3. Use of Umbian Services: If You are an Umbian Customer, Umbian will use Your Information during the course of providing You with the Services. During the course of providing such services, Umbian may disclose Your Information to third parties that have contracted with Umbian to perform certain functions of the Services on our behalf ("Subcontractors"). Umbian may also use Your Information to contact You about other Umbian offerings and to inform You about general company news and industry trends, directly or through the use of third party vendors. Umbian may also use Your Information for internal business analyses. During the course of providing Services to Umbian Customers, Umbian may disclose Service related information to third party service providers that are involved in the Service delivery.
4. Surveys and Questionnaires: If You submitted an inquiry to Umbian or if You are an Umbian Customer, periodically, Umbian may use Your Information to contact You, directly or through a third party vendor, to complete a survey or questionnaire. Responses to any such survey or questionnaire may be used for internal business analyses and may be disclosed in aggregate form without disclosing any personally identifiable information.
6. Confidentiality Obligations: All contracts entered into between Umbian and Umbian Customers, Umbian and Subcontractors, and Umbian and other third party service providers contain express provisions governing the confidential treatment of any and all personally identifiable information.
7. Investigations and Proceedings: Umbian may use Information to conduct internal investigations. Umbian may disclose Information to cooperate with an investigation by law enforcement agencies or other governmental authorities and may also disclose Information in response to a subpoena, warrant, court order, or other comparable legal processes.
Umbian is committed to privacy and security. Examples of Umbian's security measures include: physical, electronic, and procedural safeguards; security monitoring tools; security policies; use of strong encryption for transmissions of sensitive data to and from Umbian Customers and restricted access of personally identifiable information.
If You want Umbian to correct or delete Your Information that is stored on Umbian systems, please submit Your request in writing to:
ATTN: Compliance Officer
255 Lacewood Drive Suite 303
Halifax, Nova Scotia B3M 4G2
Subject to our ability to verify Your request and provided that Umbian is not required to maintain the Information by applicable laws, regulations, or contractual obligations, Umbian will correct or delete the Information within thirty (30) days of receipt of Your request.
By using the Site, you consent to the collection, use, and storage of Your Information by Umbian in the manner described in this Privacy Statement and elsewhere on the Site. Umbian reserves the right to make changes to this Privacy Statement from time to time and will alert You to any such changes by updating this Privacy Statement. This Privacy Statement was last updated on April 1, 2010.
You agree that You will not, at any time, conduct Your business in any manner that directly or indirectly offers, sells, leases, licenses or displays, delivers, advertises, recommends, or promotes any product(s), service(s), data, information, image(s), text and/or any content which:
1. is unlawful or violates any applicable local, provincial, federal, national or international law, statute, ordinance, or regulation including, without limitation, consumer protection law, unfair competition, antidiscrimination or false advertising;
2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including, but not limited to, the unauthorized copying and posting of trademarks, pictures, logos, software, articles, musical works and videos;
3. is threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another's privacy, tortuous, or otherwise violate Company's rules or policies;
4. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
5. impersonates any person or entity;
6. contains harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate the Services or any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
7. violates any Canadian or U.S. export or import laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce;
8. offers or disseminates fraudulent goods, services, schemes, or promotions (i.e., make money fast schemes, chain letters, pyramid schemes) or engage in any unfair deceptive act or practice;
9. is associated with any form of gambling or lottery type services;
10. is associated with illegal telecommunications or cable television equipment.
The foregoing list is a non-exhaustive list of prohibited goods and services.
You are prohibited from engaging in any form of Internet abuse, including but not limited to: (a) distributing, publishing, or sending any kind of unsolicited or unwelcome email to any number of network users (commonly referred to as "junk mail" or "spam"), including, without limitation, mass promotions, unauthorized or unsolicited commercial advertising, and informational announcements, anywhere on the Internet; (b) posting a single article or substantially similar articles to an excessive number of newsgroups or mailing lists; (c) repeated or deliberate posting of articles that are off-topic according to the charter of the newsgroup or mail list where such articles are posted; (d) posting commercial advertising in a conference or newsgroup, unless it is specifically permitted to be posted within that group; or (e) violating the CAN-SPAM Act.
Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) the Services; (ii) a Service Agreement; and/or (iii) access to this Site, if it determines that your services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you want to report any violations of these guidelines, please contact firstname.lastname@example.org.
Company reserves the right to amend the Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall automatically become effective immediately after they are initially posted on this Site. Your continued use of the Site after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgment of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your only recourse is to immediately: (a) terminate use of the Site and/or Services; and (b) notify Company of termination. Site was last updated on April 1, 2010.
The Site contains links to third party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Links to customers or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
The Site is proprietary to Company. All the text, images, marks, logos and other content of the Site ("Site Content") is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the Site Content provided that: (i) you may only do so for your own personal and non-commercial use; (ii) you may not copy, publish or redistribute any Site Content; (iii) you may not modify Site Content; (iv) you may not remove any copyright, trademark, or other proprietary notices that have been placed in the Site Content by Company. Except as expressly permitted above, reproduction or redistribution of the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Company. To request permission you may contact Company at email@example.com. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. NEITHER COMPANY, NOR ITS PARENT CORPORATION, REPRESENTS OR WARRANTS THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, COMPANY SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY, THAT ARE NECESSARY TO ENABLE THE SITE TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF COMPANY'S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THE APPLICABLE SERVICE AGREEMENT AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND COMPANY'S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES OF THE SITE. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT COMPANY HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, REPUBLICATION OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER COMPANY NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS SITE. FOR THE AVOIDANCE OF DOUBT, YOU AGREE THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ENTIRELY ERROR-FREE.
UMBIAN EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, LIABILITY OR LOSS ASSOCIATED WITH UNAUTHORIZED ACCESS TO ANY SERVER, CUSTOMER INTERFACES, WEBSITES, FACILITIES, OR YOUR DATA OR YOUR CUSTOMER DATA (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION) DUE TO ACCIDENT, ILLEGAL OR FRAUDULENT MEANS, INCLUDING HACKING, OR DEVICES USED BY ANY THIRD PARTY, OR OTHER CAUSES BEYOND UMBIAN'S REASONABLE CONTROL.YOU EXPRESSLY AGREE THAT UMBIAN SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM INFILTRATION OF THE SITE BY MEANS OF SOFTWARE VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, OR ANY OTHER SOFTWARE PROGRAMS, OR TECHNOLOGY DESIGNED OR INTENDED TO DISRUPT, DAMAGE, INTERCEPT OR EXPROPRIATE DATA FROM THE SITE. AS A CONDITION OF USE OF THE SITE, YOU AGREE THAT NEITHER COMPANY, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE SITE. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE, AND GROSS NEGLIGENCE OF COMPANY AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, EMPLOYEES, AND AGENTS, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A COURSE OF ACTION IN CONTRACT, OR ANY OTHER LEGAL DOCTRINE.
EXCEPT AS OTHERWISE LIMITED, OUR LIABILITY AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES UNDER THESE TERMS SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT YOU PAY US IN THE 30 DAYS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.
You agree to indemnify, defend and hold harmless Company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Site; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale, or distribution of any products or services. In the event you cause fines and/or penalties to be charged to Company by the Credit Card Associations or any other entity, you agree to reimburse Company immediately for said fines and/or penalties.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
When you enroll to obtain a Service from the Company, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete, or error-free.
Company may terminate access to the Site, with or without cause, at any time, and effective immediately. Termination shall be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site; and (b) notify Company of termination. Upon termination of access to the Site, your right to use the Site shall immediately cease.
The Site is accessible in all countries and each of these places has laws that may differ from those of Nova Scotia and from each other. As you and Company both benefit from establishing a predictable legal environment in which to publish, access and use the Site, by publishing, accessing, and/or using this Site, you and Company agree that all matters arising from or relating to the use and operation of this Site will be governed by the laws of the Province of Nova Scotia, Canada, without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this Site will be heard and resolved in the courts of Halifax, Nova Scotia, Canada. You consent to the personal jurisdiction of such courts over it, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
UMBIAN Inc., the Umbian logo, and UMBIAN IDEAS INTO MEANING are trademarks of the Company. All other company and product names referenced herein are the trademarks or registered trademarks of their respective holders. This list may be modified from time-to-time in the Company's discretion. You shall not register or attempt to register any of the Company's marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Company's marks or trademarks. You shall comply with all standards with respect to the Company's marks and all uses of the marks shall be consistent with Company standards.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company's reasonable control.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and the applicable Service Agreement, the latter shall govern.
Ownership of Copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Umbian Inc. (Umbian).
Umbian grants to you a worldwide non-exclusive royalty-free revocable license to:
Umbian does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Umbian's prior written permission.
The automated and/or systematic collection of data from this website is prohibited.
You may request permission to use the copyright materials on this website by writing to:
Umbian, Inc. - Head Office
Attn: Copyright Dept.
255 Lacewood Drive, Suite S303
Halifax, Nova Scotia B3M 4G2
Umbian takes the protection of its copyright very seriously.
If Umbian discovers that you have used its copyright materials in contravention of the license above, Umbian may bring legal action against you seeking monetary damages and an injunction to stop you using those materials.
If you become aware of any use of Umbian's copyright materials that contravenes or may contravene the license above, please report this by email to firstname.lastname@example.org or post to the address above.
If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to email@example.com or post to the address above.×