By not making it clear to students that noneducational
entities had access to the information, the companies violated federal privacy policies,...
Not exact matches
You shall not Post Content that: (1) infringes any proprietary rights of any third party; (2) violates any law or regulation; (3) is defamatory or trade libelous; (4) is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, intimidating, profane, pornographic, hateful, racially, ethnically or sexually discriminatory or otherwise objectionable in any way or that otherwise violates any right of another; (5) encourages conduct that
would violate any conduct prohibited by this Agreement; (6) restricts or inhibits any other user from using the Website; (7) is or amounts
to an unsolicited advertisement, promotion, or other form of solicitation; (8) impersonates any person or
entity or that directly or indirectly attempts
to gain unauthorized
access to any portion of the Website or any computer, software, or data of any person, organization or
entity that uses or
accesses the Website; (9) provides or create links
to external sites that violate the Agreement; (10) is intended
to harm, exploit, solicit, or collect personally identifiable
information of, any individual under the age of 18 («Minor») in any way; (11) invades anyone's privacy by attempting
to harvest, collect, store, or publish private or personally identifiable
information without their foreknowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Website or any of its users; (12) is copyrighted, protected by trade secret or otherwise subject
to third - party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or
have permission from the rightful owner
to post the material and
to grant Non-GMO Project all of the license rights granted herein; and / or (13) contains or promotes an illegal or unauthorized copy of another person's copyrighted work.
I / we agree that if any material change (s) occur (s) in my / our financial condition that I / we will immediately notify BSHFC of said change (s) and unless Baby Safe Homes Franchise Corporation is so notified it may continue
to rely upon the application and financial statement and the representations made herein as a true and accurate statement of my / our financial condition.nI / we authorize Baby Safe Homes Franchise Corporation
to make whatever credit inquiries / background checks it deems necessary in connection with this application and financial statement.nI / we authorize and instruct any person or consumer reporting agency
to furnish
to BSHFC any
information that it may
have to obtain in response
to such credit inquiries.nIn consideration of the ongoing association between Baby Safe Homes and the undersigned applicant (hereinafter u201cApplicantu201d), the parties hereto
have entered into this Non-Disclosure and Non-Competition Agreement.nWHEREAS, in the course of its business operations, Baby Safe Homes provides its customers products and services which, by nature of the business, include trade secrets, confidential and proprietary
information, and other matters deemed material or important enough
to warrant protection; and WHEREAS, Applicant, by reason of his / her interest in Baby Safe Homes and in the course of his / her duties,
has access to said secrets and confidential
information; and WHEREAS, Baby Safe Homes
has trade secrets and other confidential and proprietary
information, including procedures, customer lists, and particular desires or needs of such customers
to which Applicant
has access in the course of his / her duties as an Applicant.nNow, therefore, in consideration of the premises contained herein, the parties agree as follows Applicant shall not, either during the time of his / her franchise evaluation with Baby Safe Homes or at any time thereafter either directly or indirectly, communicate, disclose, reveal, or otherwise use for his / her own benefit or the benefit of any other person or
entity, any trade secrets or other confidential or proprietary
information obtained by Employee by virtue of his / her employment with Baby Safe Homes, in any manner whatsoever, any such
information of any kind, nature, or description concerning any matters affecting or relating
to the Baby Safe Homes business, or in the business of any of its customers or prospective customers, except as required in the course of his / her employment by Baby Safe Homes or except as expressly authorized Baby Safe Homes Franchise Corporation, in writing.nDuring any period of evaluation with Baby Safe Homes, and for two (2) years thereafter, Applicant shall not, directly or indirectly, induce or influence, divert or take away, or attempt
to divert or take away and, during the stated period following termination of employment, call upon or solicit, or attempt
to call upon or solicit, any of the customers or patrons Baby Safe Homes including, but not limited
to, those upon whom he / she was directly involved, or called upon, or catered
to, or with whom became acquainted while engaged in the franchise evaluation process of a Baby Safe Homes franchise business.
Use and share your
information with one or more race series or related
entities,
to the extent that you «
ve submitted
information or
accessed functionality or content that relates specifically
to such race series or related
entities (e.g., you «
ve asked
to receive the newsletter of a race series or you «
ve purchased race series - specific merchandise), so they may learn more about fans like you, add you
to the race series» postal mail list and provide better services
to you;
You will not, and will not allow or authorize others
to, use the Services, the Sites or any Materials therein
to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (
v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred
to as «CASL»; (vii)
would be or encourage conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry
to any machine accessible via the Services or interference with the Sites or any servers or networks connected
to the Sites or disobey any requirements, procedures, policies or regulations of networks connected
to the Sites, or attempt
to breach the security of or disrupt Internet communications on the Sites (including without limitation
accessing data
to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or
entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or
entity; (x) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any
information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt
to gain
access to other account users» accounts or otherwise mine
information about other account users or the Sites, or interfere with any other user's ability
to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology
to intercept, decode, mine or display any packets used
to communicate between the Sites» servers or any data not intended for you; (xiii) attempt
to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary
to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.
You will not, and will not allow or authorize others
to, use the Services or the Sites
to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (
v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii)
would encourage conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry
to any machine accessible via the Services or interfere with the Sites or any servers or networks connected
to the Sites or disobey any requirements, procedures, policies or regulations of networks connected
to the Sites, or attempt
to breach the security of or disrupt Internet communications on the Sites (including without limitation
accessing data
to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or
entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or
entity; (x) forge headers or otherwise manipulate identifiers in order
to disguise the origin of any
information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt
to gain
access to other Animal League members
information, or otherwise mine
information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology
to intercept, decode, mine or display any packets used
to communicate between the Sites» servers or any data not intended for you; (xiii) attempt
to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary
to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.
You agree not
to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated «scraping»; (ii) using any automated system, including without limitation «robots,» «spiders,» «offline readers,» etc.,
to access the Service in a manner that sends more request messages
to the Company servers than a human can reasonably produce in the same period of time by using a conventional on - line web browser (except that Humble Bundle grants the operators of public search engines revocable permission
to use spiders
to copy materials from Humble Bundle for the sole purpose of and solely
to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting
to interfere with, compromise the system integrity or security or decipher any transmissions
to or from the servers running the Service; (
v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable
information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or
entity, conducting fraud, hiding or attempting
to hide your identity; (x) interfering with the proper working of the Service; (xi)
accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use
to prevent or restrict
access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Products, including, without limitation, through sublicense,
to any other
entity without the prior written consent of such Products» (defined below) licensors; (xiv) circumventing Service limitations on the number of Products you may purchase, including, without limitation, creating multiple accounts and purchasing a total number of Products through such multiple accounts which exceed the per - user limitations; or (xv) except as otherwise specifically set forth in a licensor's end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.
IN NO EVENT, INCLUDING BUT NOT LIMITED
TO NEGLIGENCE, SHALL DAVID ZWIRNER, ITS AFFILIATES, SUBSIDIARIES OR LICENSORS, OR ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENT AND CONTRACTORS (COLLECTIVELY, THE «PROTECTED
ENTITIES») BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF,
ACCESS TO, OR INABILITY
TO USE THE WEBSITE, THE WEBSITE PROPRIETARY CONTENTS, USER
INFORMATION, SUBSCRIBER
INFORMATION, THE SERVICES, PRODUCTS,
INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE WEBSITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR DAVID ZWIRNER
HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.
That BAA is a contract between you, an
entity covered by HIPAA, and a business associate (in this case, Sookasa) that will
have access to the health
information of an individual.
Among other steps
to resolve the specific issue in this case, OCR required the private practice
to revise its
access policy and procedures
to affirm that, consistent with the Privacy Rule standards, patients
have access to their record regardless of whether another
entity created
information contained within it.
Comment: Some commenters stated that covered
entities should be held accountable for
access to information held by business partners so that individuals
would not
have the burden of tracking down their protected health
information from a business partner.
A covered
entity that denies
access, in whole or in part, must,
to the extent possible, give the individual
access to any other protected health
information requested after excluding the protected health
information to which the covered
entity has a ground
to deny
access.
We disagree with the second point: if the individual directs an
access request
to a covered
entity that
has the protected health
information requested, the covered
entity must provide
access (unless it may deny
access in accordance with this rule).
In § 164.518 (b) of the NPRM we proposed
to require that covered
entities provide training on the
entities» policies and procedures
to all members of the workforce likely
to have access to protected health
information.
Proposed § 164.522 (
d) described the responsibilities that covered
entities keep records and reports as prescribed by the Secretary, cooperate with compliance reviews, permit the Secretary
to have access to their facilities, books, records, and other sources of
information during normal business hours, and seek records held by other persons.
In the final rule, we clarify that an individual does not
have a right
to this
information by including it in the list of exceptions rather than stating that a covered
entity may deny
access to this
information.
Commenters also asked that other
entities, including business associates, the Medicare program, and pharmacy benefit managers, not be required
to provide
access, in part because they do not know what
information the covered
entity already
has and they may not
have all the
information requested.
In § 164.518 (c)(3) of the NPRM, we required covered
entities to have safeguards
to ensure that
information was not used in violation of the requirements of this subpart or by people who did not
have proper authorization
to access the
information.
A covered
entity must implement policies and procedures
to identify the persons or classes of persons in the
entity's workforce who need
access to protected health
information to carry out their duties, the category or categories of protected health
information to which such persons or classes need
access, and the conditions, as appropriate, that
would apply
to such
access.
These commenters suggested clarifying that the provisions of the proposed rule did not apply
to certain types of insurance
entities, such as workers» compensation carriers, and that such non-covered
entities should
have full
access to protected health
information without meeting the requirements of the rule.
The mere provision of software
to a covered
entity would not appear
to give rise
to a business associate relationship, although if the vendor needs
access to the protected health
information of the covered
entity to assist with data management or
to perform functions or activities on the covered
entity's behalf, the vendor
would be a business associate.
The covered
entity must,
to the extent possible, give the individual
access to any other protected health
information requested, after excluding the protected health
information as
to which the covered
entity has a ground
to deny
access.
However, we consistently
have supported comprehensive privacy legislation
to regulate disclosure and use of individually identifiable health
information by all
entities that
have access to it.
Under this regulation, the covered
entity's privacy policies will determine who
has access to what protected health
information.
A covered
entity may not, however, deny
access to protected health
information when the
information has been obtained from a health care provider.
In the NPRM, we
would have permitted covered
entities to deny a request for
access to protected health
information complied in reasonable anticipation of, or for use in, a legal proceeding.
Response: We intend
to provide sufficient procedural guidelines
to ensure that individuals
have access to their protected health
information, while maintaining the flexibility for covered
entities to implement policies and procedures that are appropriate
to their needs and capabilities.
We remain concerned about the number of persons who
have access to identifiable health
information, and believe that causing covered
entities to examine their practices will
have significant privacy benefits.
It might be reasonable for a covered
entity with a highly computerized
information system
to implement a system under which employees with certain functions
have access to only limited fields in a patient records, while other employees
have access to the complete records.
Information may be retrieved or retrievable by name, but if it is never used to make decisions about any Start Printed Page 82607individuals, the burdens of requiring a covered entity to find it and to redact information about other individuals outweigh any benefits to the individual of having access to the i
Information may be retrieved or retrievable by name, but if it is never used
to make decisions about any Start Printed Page 82607individuals, the burdens of requiring a covered
entity to find it and
to redact
information about other individuals outweigh any benefits to the individual of having access to the i
information about other individuals outweigh any benefits
to the individual of
having access to the
informationinformation.
(ii) The covered
entity may provide the individual with a summary of the protected health
information requested, in lieu of providing
access to the protected health
information or may provide an explanation of the protected health
information to which
access has been provided, if:
Covered
entities will need
to provide members of the workforce with varying amounts of training depending on their responsibilities, but on average, the Department estimates that each member of the workforce who is likely
to have access to protected health
information will require one hour of training in the policies and procedures of the covered
entity.
Similarly, we allow denial of
access where disclosure
would reveal the source of confidential
information because we do not want
to interfere with a covered
entity's ability
to maintain implicit or explicit promises of confidence.
(ii) A covered
entity must make reasonable efforts
to limit the
access of such persons or classes identified in paragraph (
d)(2)(i)(A) of this section
to protected health
information consistent with paragraph (
d)(2)(i)(B) of this section.
First, as in the proposed rule, covered
entities may deny individuals
access to protected health
information about them if a licensed health care professional
has determined, in the exercise of professional judgment, that the
access requested is reasonably likely
to endanger the life or physical safety of the individual or another person.
A covered
entity must establish policies and procedures that identify the types of persons who are
to have access to designated categories of
information and the conditions, if any, of that
access.
Similarly, we require covered
entities to have policies and procedures for assuring individuals
access to protected health
information about them.
Commenters argued that since covered
entities may deny
access to individuals under certain circumstances, individuals must
have another method of providing third parties with their protected health
information.
(i) Except with respect
to disclosures under § 164.510, verify the identity of a person requesting protected health
information and the authority of any such person
to have access to protected health
information under this subpart, if the identity or any such authority of such person is not known
to the covered
entity; and
The requirements in § 164.514 (
d), for implementation of policies and procedures for «minimum necessary» uses of protected health
information, are sufficient
to ensure that only appropriate persons within a covered
entity will
have access to protected health
information.
To accommodate this requirement, we have provided at § 164.524 (1)(iii) that covered entities maintaining protected health information that is subject to the CLIA requirements do not have to provide individuals with a right of access to or a right to inspect and obtain a copy of this information if the disclosure of the information to the individual would be prohibited by CLI
To accommodate this requirement, we
have provided at § 164.524 (1)(iii) that covered
entities maintaining protected health
information that is subject
to the CLIA requirements do not have to provide individuals with a right of access to or a right to inspect and obtain a copy of this information if the disclosure of the information to the individual would be prohibited by CLI
to the CLIA requirements do not
have to provide individuals with a right of access to or a right to inspect and obtain a copy of this information if the disclosure of the information to the individual would be prohibited by CLI
to provide individuals with a right of
access to or a right to inspect and obtain a copy of this information if the disclosure of the information to the individual would be prohibited by CLI
to or a right
to inspect and obtain a copy of this information if the disclosure of the information to the individual would be prohibited by CLI
to inspect and obtain a copy of this
information if the disclosure of the
information to the individual would be prohibited by CLI
to the individual
would be prohibited by CLIA.
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