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©2016 IXICO Technologies Inc.1.16.1
mehealth for ADHD
Terms and Conditions of License, Use and Services
Last Updated: May 9, 2015
By paying the license fee described below and/or using the mehealth software and materials (each term as defined below) offered by IXICO Technologies, Inc. ("Licensor"), you, on behalf of yourself and your employer ("Licensee") agree to be bound to the terms and conditions contained herein.
Non-paying users of the ADHD Web Portal agree to be bound to the terms and conditions contained herein.
Licensor has developed a web portal available at https://secure.mehealth.com/adhd/ designed to support a physician's assessment and treatment of patients with ADHD as more fully described in Exhibit A ("ADHD Web Portal"). In conjunction with the ADHD Web Portal, Licensor has created implementation materials ("Materials") which will be provided to Licensee upon Licensee's acceptance of these terms and conditions of license, use and services and payment of fees for the ADHD Web Portal ("Agreement").
ADHD Web Portal Synopsis: Licensor offers a consultative and technological tool to physicians designed to support assessment and treatment of ADHD patients. Physicians learn how to integrate the American Academy of Pediatrics ("AAP") guidelines for ADHD into daily clinical practice using a web-based portal to guide assessment and treatment. This online tool assists primary care providers and their clinical and non-clinical office staff members (including front desk personnel, telephone triage nurses, physician assistants and nurse practitioners) in using quality improvement methods to develop policies and procedures that improve and streamline the flow of ADHD patients through the evaluation and treatment process. Licensor's goal is to help physicians achieve greater efficiency, accuracy and confidence in the diagnosis and management of patients with ADHD within their practice.
What is Offered?
BUSINESS ASSOCIATE AGREEMENT
IXICO Technologies, Inc. as BA
This Business Associate Agreement ("Agreement") is entered into by and between Licensee ("Covered Entity") and Licensor ("Business Associate"), effective as of the Effective Date.
Covered Entity and Business Associate are parties to an arrangement or separate agreement ("Underlying Agreement"), under which Business Associate provides certain services in the nature of website hosting, related services and de-identification of patient data to Covered Entity. In connection with Business Associate's provision of services to Covered Entity, Covered Entity discloses to Business Associate "Protected Health Information" ("PHI"), including "Electronic Protected Health Information" ("ePHI"), as defined in 45 C.F.R. §160.103. Such disclosure results in Business Associate's use, disclosure, maintenance and/or creation of PHI, including ePHI, on behalf of Covered Entity.
Business Associate's provision of services to Covered Entity, when coupled with Covered Entity's disclosure of PHI to Business Associate, makes Business Associate a "business associate" of Covered Entity, as the term is defined in as defined in 45 C.F.R. §160.103.
The purpose of this Agreement is to comply with the requirements of the Privacy and Security Rules, including, but not limited to, the Business Associate Agreement requirements at 45 C.F.R. §§ 164.314(a) and 164.504(e), and to satisfy the provisions of the Health Information Technology for Economic and Clinical Health Act, set forth in Division A, Title XIII, of the American Recovery and Reinvestment Act of 2009, and its implementing regulations and guidance (collectively, "HITECH") that: (i) affect the relationship between a Business Associate and Covered Entity; and (ii) enable Covered Entity to comply with HITECH's requirements to notify affected individuals in the event of a Breach of Unsecured Protected Health Information.
Covered Entity's disclosure of PHI to Business Associate, and Business Associate's use, disclosure and creation of PHI for or on behalf of Covered Entity, is subject to protection and regulation under the Privacy Rule. To the extent such use, disclosure or creation involves ePHI, such ePHI is subject to protection and regulation under the Security Rule. Business Associate acknowledges it shall comply with the Privacy and Security Rules regarding the use and disclosure of PHI and ePHI, pursuant to this Agreement and when and as required by HITECH and its implementing regulations.
Therefore, Covered Entity and Business Associate agree as follows:
The service collects information from you in two ways: directly from your input and automatically through mehealth's technologies.
The types of personal information that mehealth collects directly from you may include:
In order to access certain content and to make use of additional functionality and features of mehealth, we ask you to register for an account by completing and submitting a registration form, which may request additional information.
If you choose to register and sign in by using a third party account (such as your Google account), the authentication of your login is handled by the third party and mehealth will collect your name, email address and any other information about your third-party account that you agree to share with us at the time you give permission for your account on mehealth to be linked to your third party account.
We may use and disclose information that does not reveal your identity or permit direct association with any specific individual, such as browser and device information, anonymous usage data and aggregated information, for any purpose, except where we are restricted by law. If we combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
You can control cookies through your browser's settings and other tools. However, if you block certain cookies, you may not be able to register, login to mehealth, access certain parts of the mehealth or make full use of the mehealth.
We may use your personal information to:
We may on occasion also match or combine the personal information that you provide with information that we obtain from other sources or that is already in our records, whether collected online or offline or by predecessor or affiliated group companies, for the purposes described above.
We may share your personal information with:
We also may share your personal information with our affiliated group companies worldwide and with societies, sponsors and other non-affiliated third parties that wish to send you information about their products and services that may be of interest to you as determined by your choices in managing your communications preferences following the process described below.
We also may need to disclose your personal information:
The Mehealth may let you post and share personal information, comments, materials and other content. Any information you disclose publicly may be collected and used by others, may be indexable by search engines, and might not be able to be removed. Please be careful when disclosing personal information in these public areas.
You can manage your communications preferences when you register with the Mehealth, by updating your account preferences, by using the "opt-out" or unsubscribe mechanism or other means provided within the communications that you receive from us or by contacting us. We reserve the right to notify you of changes or updates to the services whenever necessary.
The services may allow registered users to access their account information and make corrections or updates upon log in at any time. The accuracy of such information is solely the responsibility of the user. You may also request access to other personal information about you that may be held in mehealth. If you request to deactivate your account or delete your personal information, we will endeavor to fulfill your request but some personal information may persist in backup copies for a certain period of time and may be retained as necessary for legitimate business purposes or to comply with our legal obligations.
IXICO Technologies, Inc. takes precautions to safeguard your personal information against loss, theft and misuse and unauthorized access, disclosure, alteration and destruction through the use of appropriate administrative, physical and technical security measures.
Your personal information may be transferred to other countries for processing. By using the mehealth you consent to the transfer of information to countries outside of your country of residence, which may have different personal data protection rules than in your country.
IXICO Technologies, Inc.
225 Cedar Hill Street Suite 200
Marlborough, MA 01752