BUSINESS ASSOCIATE AGREEMENT (to protect you, the END USER).
This Privacy Agreement (“Agreement”), is effective upon electronically agreeing to these Terms of Service, thereby electronically signing this Agreement and is entered into by and between END USER (“Covered Entity”) and CHIROSIMPLE, LLC (the “Business Associate”). 1. Term. This Agreement shall remain in effect for the duration of this Agreement and shall apply to all of the Services and/or Supplies delivered by the Business Associate pursuant to this Agreement. 2. HIPAA Assurances. In the event Business Associate creates, receives, maintains, or otherwise is exposed to personally identifiable or aggregate patient or other medical information defined as Protected Health Information (“PHI”) in the Health Insurance Portability and Accountability Act of 1996 or its relevant regulations (“HIPAA”) and otherwise meets the definition of Business Associate as defined in the HIPAA Privacy Standards (45 CFR Parts 160 and 164), Business Associate shall: (a) Recognize that HITECH (the Health Information Technology for Economic and Clinical Health Act of 2009) and the regulations thereunder (including 45 C.F.R. Sections 164.308, 164.310, 164.312, and 164.316), apply to a business associate of a covered entity in the same manner that such sections apply to the covered entity; (b) Not use or further disclose the PHI, except as permitted by law; (c) Not use or further disclose the PHI in a manner that had END USER done so, would violate the requirements of HIPAA; (d) Use appropriate safeguards (including implementing administrative, physical, and technical safeguards for electronic PHI) to protect the confidentiality, integrity, and availability of and to prevent the use or disclosure of the PHI other than as provided for by this Agreement; (e) Comply with each applicable requirements of 45 C.F.R. Part 162 if the Business Associate conducts Standard Transactions for or on behalf of the Covered Entity; (f) Report promptly to END USER any security incident or other use or disclosure of PHI not provided for by this Agreement of which Business Associate becomes aware; (g) Ensure that any subcontractors or agents who receive or are exposed to PHI (whether in electronic or other format) are explained the Business Associate obligations under this paragraph and agree to the same restrictions and conditions; (h) Make available PHI in accordance with the individual’s rights as required under the HIPAA regulations; (i) Account for PHI disclosures for up to the past six (6) years as requested by Covered Entity, which shall include: (i) dates of disclosure, (ii) names of the entities or persons who received the PHI, (iii) a brief description of the PHI disclosed, and (iv) a brief statement of the purpose and basis of such disclosure; (j) Make its internal practices, books, and records that relate to the use and disclosure of PHI available to the U.S. Secretary of Health and Human Services for purposes of determining Customer’s compliance with HIPAA; and 2 | Page (k) Incorporate any amendments or corrections to PHI when notified by Customer or enter into a Business Associate Agreement or other necessary Agreements to comply with HIPAA. 3. Termination Upon Breach of Provisions. Notwithstanding any other provision of this Agreement, Covered Entity may immediately terminate this Agreement if it determines that Business Associate breaches any term in this Agreement. Alternatively, Covered Entity may give written notice to Business Associate in the event of a breach and give Business Associate five (5) business days to cure such breach. Covered Entity shall also have the option to immediately stop all further disclosures of PHI to Business Associate if Covered Entity reasonably determines that Business Associate has breached its obligations under this Agreement. In the event that termination of this Agreement and the Agreement is not feasible, Business Associate hereby acknowledges that the Covered Entity shall be required to report the breach to the Secretary of the U.S. Department of Health and Human Services, notwithstanding any other provision of this Agreement or Agreement to the contrary. 4. Return or Destruction of Protected Health Information upon Termination. Upon the termination of this Agreement, unless otherwise directed by Covered Entity, Business Associate shall either return or destroy all PHI received from the Covered Entity or created or received by Business Associate on behalf of the Covered Entity in which Business Associate maintains in any form. Business Associate shall not retain any copies of such PHI. Notwithstanding the foregoing, in the event that Business Associate determines that returning or destroying the Protected Health Information is infeasible upon termination of this Agreement, Business Associate shall provide to Covered Entity notification of the condition that makes return or destruction infeasible. To the extent that it is not feasible for Business Associate to return or destroy such PHI, the terms and provisions of this Agreement shall survive such termination or expiration and such PHI shall be used or disclosed solely as permitted by law for so long as Business Associate maintains such Protected Health Information. 5. No Third Party Beneficiaries. The parties agree that the terms of this Agreement shall apply only to themselves and are not for the benefit of any third party beneficiaries. 6. De-Identified Data. Notwithstanding the provisions of this Agreement, Business Associate and its subcontractors may disclose non-personally identifiable information provided that the disclosed information does not include a key or other mechanism that would enable the information to be identified. 7. Amendment. Business Associate and Covered Entity agree to amend this Agreement to the extent necessary to allow either party to comply with the Privacy Standards, the Standards for Electronic Transactions, the Security Standards, or other relevant state or federal laws or regulations created or amended to protect the privacy of patient information. All such amendments shall be made in a writing signed by both parties. 8. Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a meaning that permits Covered Entity to comply with the then most current version of HIPAA and the HIPAA privacy regulations. 9. Definitions. Capitalized terms used in this Agreement shall have the meanings assigned to them as outlined in HIPAA and its related regulations. 3 | Page 10. Survival. The obligations imposed by this Agreement shall survive any expiration or termination of this Agreement.
We are strongly committed to safeguarding consumer privacy on our Web site. We operate under the following set of strict privacy principles:
Personally identifiable information provided by members (name, e-mail or home address, etc.) is never disclosed to anyone.
Each time a member logs into our site, we may store a temporary “cookie” in the browser files of the member computer. This cookie is used during your online session to allow you free access to the member’s area, without repeatedly requiring you to re-enter your user name and password.
In order to provide visitors with greater value, some of our pages may provide links to various third party Web sites.
In no case, is member information or ‘cookies’ provided to the third party sites. However, keep in mind that many sites do attempt to capture visitor information when you browse those sites.
Once you leave our site, we are not able to alert you should another site attempt to gather information from your browser.
We hope to later have a member-only, private Facebook member group to exchange update information, answer questions and engage in discussions relevant to our profession.
Our Web site has security measures in place to protect the loss, misuse and alteration of the information under our control. We employ strict security measures to safeguard online transactions; personal information is stored in a secured database and always sent via an encrypted Internet channel.
Our members will receive communications from us. You can be assured that we never reveal, sell, or make available your email address to anyone for any purpose.
This site also gives users the following options for removing their information from our database in order to stop receiving communications or our service.
Your ChiroSimple Team