24-15 emsCharts Agreement.pdf

3.2.1 Vendor shall give administrative rights to the Customer Representative or other Customer designee to establish user passwords for persons and entities Customer authorizes to input and/or access its data (“authorized users”). Customer shall have exclusive control over the designation of authorized users. Customer and its authorized users are responsible for maintaining the confidentiality of all passwords. 3.2.2 Customer is responsible to assure that its authorized users comply with the limitations of use set forth in Sections 3.2, 4.1, 4.2 and 4.3 of this Agreement and to enter into any confidentiality agreement(s) with its authorized users that may be required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act, Title XIII of the American Recovery and Reinvestment Act of 2009 (the "HITECH Act"), or other federal or state law. 3.2.3 In no event shall Customer or any authorized user knowingly allow access to emsCharts by any unauthorized user or by any person or entity who/that makes, markets, distributes or has any ownership or other economic interest in any service or product that would compete with the service(s) and product(s) provided under the terms of this Agreement, except with written prior approval from Vendor. 4, DATA 4.1 Ownership of Data. All data entered by Customer shall be considered the property of Customer and shall be kept confidential by Vendor. 4.2 Access to Data. Only Customer and its authorized users may access Customer data. Vendor shall not be responsible for the unauthorized, illegal, or improper dissemination or use of data by Customer or its authorized users. 4.3 Protected Health Information. It is recognized by the parties that data entered by Customer and its authorized users will include “Protected Health Information” as that term is defined in HIPAA regulations at 45 CFR § 164.501. Vendor agrees to comply with applicable provisions of HIPAA as more fully set forth in the attached Business Associate Agreement. 4.3.1 Vendor represents that its software, database, servers and communication protocols and procedures, when properly utilized in accordance with this Agreement and emsCharts’ User Manual, meet the security standards established by HIPAA for the protection of Protected Health Information. 4.4 Transfer and Removal

ly utilized in accordance with this Agreement and emsCharts’ User Manual, meet the security standards established by HIPAA for the protection of Protected Health Information. 4.4 Transfer and Removal of Data. Upon termination of this Agreement by either party for any reason, or at any time requested by Customer in writing during the Term of this Agreement, Vendor shall transfer all data to Customer within thirty (30) days in a mutually agreed format. If Customer and Vendor cannot agree upon a format within thirty (30) days, Vendor shall have the right to transfer or store Customer’s data in a generally accepted format such as XML. After termination and transfer of data to Customer, or at any other time requested emsCharts Service Agreement, v12.3 Page 3 of 19