Confidentiality and Protected Health Information Sample Clauses

Confidentiality and Protected Health Information a. Agent and Companies each agree that all information communicated to it by the other, whether before the effective date or during the term of this Agreement, shall be received in strict confidence, shall be used only for the purposes of this Agreement and that no such information shall be disclosed by the recipient party, its agents or employees without the prior written consent of the other party. Each party hereto agrees to take all reasonable precautions to prevent the disclosure to outside parties of such information including, without limitation, the terms of this Agreement. Upon the termination of this Agreement, or sooner if requested by Companies, Agent will immediately deliver to Companies any and all information communicated to it, compiled or coming into Agent’s knowledge, possession, custody or control in connection with his activities as a sales agent or sales representative of Companies, as well as all machines, parts, equipment and other materials received by Agent from Companies or from any of its customers, agents or suppliers in connection with such activities. b. Agent also acknowledges that the provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191 (“HIPAA”), and the Health Information Technology for Economic and Clinical Health Act set forth in Title XIII of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5 (“HITECH Act”), apply to any protected health information that Agent may receive from Companies pursuant to this Agreement. Agent further acknowledges that he/she will be acting as a business associate of Companies with respect to such information and shall execute a Business Associate Agreement contemporaneously with this Agreement, a copy of which is attached to this Agreement at Exhibit 4.
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Confidentiality and Protected Health Information a) In performing its obligations pursuant to this Agreement, each party may have access to and receive certain non-public information about the other party and its affiliates which are considered confidential or proprietary to the disclosing party. Each party hereto agrees to and shall maintain the confidentiality of all such confidential and/or proprietary information and shall not disclose the same to any third party, except as may be required by law, court order, or regulatory agency including the California Department of Managed Health Care and their designees, and shall not use such confidential and/or proprietary information for any reason other than the fulfillment of its obligations hereunder, for the term this Agreement. Each party shall retain all ownership rights to its confidential and/or proprietary information. Each party recognizes that any breach or violation of this section may result in irreparable harm to the non-breaching party. The parties further agrees that in the event of a breach or threatened breach of the provisions of this Agreement by a party, the other party shall be entitled to injunctive or similar relief to specifically enforce such provisions. This equitable relief shall be in addition to any other remedy that the party seeking the injunction or similar relief may have at law. b) Producer shall maintain the privacy and security of all personal health information regarding Company members consistent with applicable federal and state statutes and regulations, including but not limited to the Health Insurance Portability and Accountability Act of 1996 P.L. 104-19 (“HIPAA”). Producer further acknowledges that it is a “business associate” of Company pursuant to 45 C.F.R. Parts 160 and 164 (the “HIPAA Privacy Rule”) and agrees to the terms and conditions of Company’s Business Associate Agreement outlined under Exhibit 4.
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Confidentiality and Protected Health Information. Keep all protected health information of patients strictly confidential in accordance with state and federal law and all Hospital policies.
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Confidentiality and Protected Health Information. Access Site acknowledges that Network is and may continue to become subject to certain confidentiality and nondisclosure agreements with manufacturers of Program Products that prohibit the disclosure of the names of any and all manufacturers and other confidential information specific to such manufacturers, and Access Site agrees to maintain the confidentiality of such information, subject to applicable law. Access Site and Network further acknowledge and agree that they will not exchange any “Protected Health Information” as such term is defined in the Health Insurance Portability and Accountability Act of 1996, and that the provision of PHI by either party will constitute a breach of this Agreement. However, if a party receives such information in the course of providing services pursuant to this Agreement each party agrees that it will hold such health and business information received from the Program confidentially, that it will not use or disclose it other than as permitted or required by applicable law, and that it will implement reasonable safeguards to protect the privacy and security of such information, including, if required, the execution of a Business Associate Agreement in a form reasonably acceptable to each party.
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Confidentiality and Protected Health Information. CFMC has established policies and procedures to protect private health information of all patients in a manner consistent with the Health Insurance Portability and Accountability Act (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”) and other state and federal laws and regulations, as applicable, including the Privacy, Security, Breach Notification, and Enforcement Rules. All CFMC medical records including those generated for the District’s students and/or employees shall be maintained confidentially in a manner consistent with CFMC’s established policies and procedures and shall only be disclosed in a manner consistent therewith. As a provider of education, the District maintains educational information in a manner consistent the Family Education Rights and Protection Act (“FERPA”) and KY FERPA its implementing regulations as well as other state and federal law and regulations and policies and procedures established by the Elizabethtown Independent School District. The District shall share protected education records and other information in the District’s custody or control with CFMC and its staff only in a manner consistent with state and federal law. Access to Infinite Campus by CFMC staff is granted only for legitimate school purposes of checking student immunizations, checking student health information, billing, using the class schedule feature to locate students, parent, or guardian contact information or other educational purposes (see Section 2 Staffing of Clinics item [l], page 4) as defined in the Elizabethtown Independent School District’s FERPA Annual Notification of Rights. Other functions or use of Infinite Campus will be prohibited. Any further use of information from Infinite Campus must be authorized by District personnel prior to being extracted. Nothing about the parties’ relationship shall waive or modify the parties’ obligations under law.
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Confidentiality and Protected Health Information 
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Related to Confidentiality and Protected Health Information

  • Data Protection and Privacy: Protected Health Information Party shall maintain the privacy and security of all individually identifiable health information acquired by or provided to it as a part of the performance of this Agreement. Party shall follow federal and state law relating to privacy and security of individually identifiable health information as applicable, including the Health Insurance Portability and Accountability Act (HIPAA) and its federal regulations.

  • Protected Health Information “Protected Health Information” shall have the same meaning as the term “protected health information” in Section 160.103 and is limited to the information created or received by Contractor from or on behalf of County.

  • ACCESS TO PROTECTED HEALTH INFORMATION 7.1 To the extent Covered Entity determines that Protected Health Information is maintained by Business Associate or its agents or Subcontractors in a Designated Record Set, Business Associate shall, within two (2) business days after receipt of a request from Covered Entity, make the Protected Health Information specified by Covered Entity available to the Individual(s) identified by Covered Entity as being entitled to access and shall provide such Individuals(s) or other person(s) designated by Covered Entity with a copy the specified Protected Health Information, in order for Covered Entity to meet the requirements of 45 C.F.R. § 164.524. 7.2 If any Individual requests access to Protected Health Information directly from Business Associate or its agents or Subcontractors, Business Associate shall notify Covered Entity in writing within two (2) days of the receipt of the request. Whether access shall be provided or denied shall be determined by Covered Entity. 7.3 To the extent that Business Associate maintains Protected Health Information that is subject to access as set forth above in one or more Designated Record Sets electronically and if the Individual requests an electronic copy of such information, Business Associate shall provide the Individual with access to the Protected Health Information in the electronic form and format requested by the Individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by Covered Entity and the Individual.

  • Confidentiality and Trade Secrets (a) The Executive acknowledges and agrees that his position as an employee of the Company will afford him a unique opportunity to acquire confidential information concerning the Company and that the misappropriation or disclosure of such confidential information would cause irreparable harm to the Company. The Executive recognizes and agrees that he will have access to certain confidential information of the Company that is not generally available to the public and that such information constitutes valuable, special and unique property of the Company. The Executive acknowledges that such confidential information includes information concerning the Business and the Company including, without limitation, financial information concerning the Business or the Company, the names and addresses of actual and potential customers or acquisition or investment targets of the Business or the Company, studies of prospective market areas for the Business, supply sources, products, technical data, notes, diagrams, drawings, flow charts, ideas, techniques, specifications, procedures, processes, research, development, and trade secrets of the Business and the Company (such information whether related to the Business or the Company being referred to collectively as the “Confidential Information”). Confidential Information shall not include any information or documents (i) that are or become publicly available or otherwise known in the industry without breach of this Section 4.02; or (ii) that the Executive rightfully receives from any third party which is not breaching an obligation of confidence with the Company or without an accompanying obligation of confidence; or (iii) that were known to or by the Executive prior to his appointment with the Company without breach of this Section 4.02. In the event that the Executive is requested in any court or governmental proceeding to disclose any Confidential Information, the Executive shall give the Company prompt notice of such request such that the Company may seek a protective order or other appropriate relief and shall cooperate in all respects with the Company in its efforts in connection therewith. (b) The Executive will keep confidential and will not, during his employment and for a period of five (5) years after any termination under this Agreement (whether by expiration or pursuant to Section 5.01 or otherwise), directly or indirectly, divulge to anyone, use or otherwise appropriate any of the Confidential Information for any reason or purpose whatsoever except to authorize representatives of the Company or when, in the good faith belief of the Executive, such disclosure is necessary or desirable in the normal course of the Business in order for the Executive to fulfill his duties and responsibilities to the Company as set out in Section 2.02. (c) The Executive acknowledges and agrees that these prohibitions against disclosure of Confidential Information are in addition to, and not in lieu of, any rights or remedies which the Company may have available pursuant to the laws of any jurisdiction or at common law to prevent the disclosure of trade secrets or proprietary information, and the enforcement by the Company of any of their rights and remedies pursuant to this Agreement shall not be construed as a waiver of any other rights or available remedies which they may possess in law or equity absent this Agreement. (d) Upon any termination of his employment under this Agreement, the Executive shall surrender to the Company all documents and materials in his possession, custody or control embodying the Confidential Information or any part thereof.

  • Confidentiality and Proprietary Information 9.1 For the purposes of this Agreement, Confidential Information (“Confidential Information”) means confidential or proprietary technical or business information given by one Party (the “Discloser”) to the other (the “Recipient”). All information which is disclosed by one Party to the other in connection with this Agreement, during negotiations and the term of this Agreement will not be deemed Confidential Information to the Discloser and subject to this Section 9, unless the confidentiality of the information is confirmed in writing by the Discloser prior to disclosure. The Recipient agrees (i) to use Confidential Information only for the purpose of performing under this Agreement, (ii) to hold it in confidence and disclose it to no one other than its employees having a need to know for the purpose of performing under this Agreement, and (iii) to safeguard it from unauthorized use or disclosure using at least the same degree of care with which the Recipient safeguards its own Confidential Information. If the Recipient wishes to disclose the Discloser's Confidential Information to a third-party agent or consultant, such disclosure must be agreed to in writing by the Discloser, and the agent or consultant must have executed a written agreement of nondisclosures and nonuse comparable in scope to the terms of this section. 9.2 The Recipient may make copies of Confidential Information only as reasonably necessary to perform its obligations under this Agreement. All such copies will be subject to the same restrictions and protections as the original and will bear the same copyright and proprietary rights notices as are contained on the original. 9.3 The Recipient agrees to return all Confidential Information in tangible form received from the Discloser, including any copies made by the Recipient, within thirty (30) days after a written request is delivered to the Recipient, or to destroy all such Confidential Information if directed to do so by Discloser except for Confidential Information that the Recipient reasonably requires to perform its obligations under this Agreement; the Recipient shall certify destruction by written letter to the Discloser. If either Party loses or makes an unauthorized disclosure of the Party’s Confidential Information, it will notify such other Party immediately and use its best efforts to retrieve the lost or wrongfully disclosed information. 9.4 The Recipient shall have no obligation to safeguard Confidential Information: (i) which was in the possession of the Recipient free of restriction prior to its receipt from the Discloser; (ii) after it becomes publicly known or available through no breach of this Agreement by the Recipient; (iii) after it is rightfully acquired by the Recipient free of restrictions on its discloser; (iv) after it is independently developed by personnel of the Recipient to whom the Discloser's Confidential Information had not been previously disclosed. In addition, either Party will have the right to disclose Confidential Information to any mediator, arbitrator, state or federal regulatory body, or a court in the conduct of any mediation, arbitration or approval of this Agreement, as long as, in the absence of an applicable protective order, the Discloser has been previously notified by the Recipient in time sufficient for the Recipient to undertake all lawful measures to avoid disclosing such confidential information and for Discloser to have reasonable time to seek or negotiate a protective order before or with any applicable mediator, arbitrator, state or regulatory body or a court. 9.5 The Parties recognize that an individual End User may simultaneously seek to become or be a customer of both Parties. Nothing in this Agreement is intended to limit the ability of either Party to use customer specific information lawfully obtained from End Users or sources other than the Discloser. 9.6 Each Party’s obligations to safeguard Confidential Information disclosed prior to expiration or termination of this Agreement will survive such expiration or termination. 9.7 No license is hereby granted under any patent, trademark, or copyright, nor is any such license implied solely by virtue or the disclosure of any Confidential Information. 9.8 Each Party agrees that the Discloser may be irreparably injured by a disclosure in breach of this Agreement by the Recipient or its representatives and the Discloser will be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach or threatened breach of the confidentiality provisions of this Agreement. Such remedies will not be deemed to be the exclusive remedies for a breach of this Agreement, but will be in addition to all other remedies available at law or in equity.

  • CONFIDENTIALITY AND PRIVACY POLICIES AND LAWS The Contractor shall comply to the extent applicable with all State and Authorized User policies regarding compliance with various confidentiality and privacy laws, rules and regulations, including but not limited to the IRS Publication 1075, Family Educational Rights and Privacy Act (FERPA), the Health Insurance and Portability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH). Contractor shall cooperate in executing a written confidentiality agreement under FERPA and/or a Business Associate Agreement (HIPAA/HITECH) or other contractual provisions upon request by the State or any Authorized User.

  • Confidentiality; Access to Information (a) The parties acknowledge that Company and Parent have previously executed a Confidentiality Agreement], dated as of on or about September 12, 1997 (the "CONFIDENTIALITY AGREEMENT"), which Confidentiality Agreement will continue in full force and effect in accordance with its terms.

  • Confidentiality and Data Protection We are a data controller for the information you provide to us including individual, identification and financial details, policy history and special category data (such as medical or criminal history). Details of our legal basis for processing your information, along with details of any third party recipient whom it may be necessary to share your personal data with in order to fulfil the contract, retention period for data held, security of your data, your rights under the UK General Data Protection Regulations (UK GDPR) including the right to complain can be found in our full ‘Privacy Notice’ attached to these terms of business and/or on our website at xxx.xxxxxxxxxxxxxxxx.xx.xx.

  • Electronic Protected Health Information “Electronic Protected Health Information” (“EPHI”) means individually identifiable health information that is transmitted or maintained in electronic media, limited to the information created, received, maintained or transmitted by Business Associate from or on behalf of Covered Entity.

  • Confidentiality of Contractor Information The Contractor acknowledges and agrees that this Contract and any and all Contractor information obtained by the State in connection with this Contract are subject to the State of Vermont Access to Public Records Act, 1 V.S.A. § 315 et seq. The State will not disclose information for which a reasonable claim of exemption can be made pursuant to 1 V.S.A. § 317(c), including, but not limited to, trade secrets, proprietary information or financial information, including any formulae, plan, pattern, process, tool, mechanism, compound, procedure, production data, or compilation of information which is not patented, which is known only to the Contractor, and which gives the Contractor an opportunity to obtain business advantage over competitors who do not know it or use it.

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