Common use of Data Generally Clause in Contracts

Data Generally. All data and information accumulated in Operator’s systems management database are and will remain the property of Operator. Each of Operator and Participating Institution shall comply with all applicable privacy laws and regulations regarding all data collected or received by it. Participating Institution acknowledges that the Portal Services are not a “covered entity” under the Health Insurance Portability and Accountability Act (“HIPAA”) and therefore, the Portal Services are not subject to HIPAA rules applicable to covered entities. Furthermore, Participating Institution acknowledges and agrees that the Portal Services shall not be used by Participating Institution to comply with any Food and Drug Administration (“FDA”) records requirements and that Participating Institution is responsible for maintaining its own FDA compliant records systems.

Appears in 2 contracts

Sources: Portal Access Agreement, Portal Access Agreement