Definitions

Catch-all definition: The following terms used in this Agreement shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

This Business Associate Addendum (this “Addendum”) is an addendum to one or more services agreements (collectively, the “Terms”), including but not limited to the Terms of Service Agreement to which this Addendum is appended, between SimplifyPI, a Georgia LLC (the “Business Associate”) and the customer specified in the Terms (the “Covered Entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103) (and in reference to the party to this agreement individually and collectively “You”), under which Business Associate provides services to Covered Entity.

HIPAA Rules.  “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164.

1. Obligations and Activities of Business Associate

Business Associate agrees to:

1. Not use or disclose protected health information other than as permitted or required by the Agreement or as required by law;
2. Use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information, to prevent use or disclosure of protected health information other than as provided for by the Agreement;
3. Report to covered entity any use or disclosure of protected health information not provided for by the Agreement of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident of which it becomes aware
4. In accordance with 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any subcontractors that create, receive, maintain, or transmit protected health information on behalf of the business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect to such information;
5. Make available protected health information in a designated record set to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.524;
6. Make any amendment(s) to protected health information in a designated record set as directed or agreed to by the covered entity pursuant to 45 CFR 164.526, or take other measures as necessary to satisfy covered entity’s obligations under 45 CFR 164.526;
7. Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity’s obligations under 45 CFR 164.528;
8. To the extent the business associate is to carry out one or more of covered entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the covered entity in the performance of such obligation(s); and
9. Make its internal practices, books, and records available to the Secretary for purposes of determining compliance with the HIPAA Rules.

2. Permitted Uses and Disclosures by Business Associate

1. Business associate may only use or disclose protected health information such as “as necessary to perform the services set forth in End User License Agreement (EULA).
2. Business associate may use or disclose protected health information as required by law.
3. Business associate agrees to make uses and disclosures and requests for protected health information consistent with covered entity’s minimum necessary policies and procedures as mandated by law.
4. Business associate may not use or disclose protected health information in a manner that would violate Subpart E of 45 CFR Part 164 if done by covered entity except for the specific uses and disclosures set forth below.
5. Business associate may use protected health information for the proper management and administration of the business associate or to carry out the legal responsibilities of the business associate.
6. Business associate may disclose protected health information for the proper management and administration of business associate or to carry out the legal responsibilities of the business associate, provided the disclosures are required by law, or business associate obtains reasonable assurances from the person to whom the information is disclosed that the information will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies business associate of any instances of which it is aware in which the confidentiality of the information has been breached.
7. Business associate may provide data aggregation services relating to the health care operations of the covered entity.

3. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions

1. Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate’s use or disclosure of protected health information.
2. Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate’s use or disclosure of protected health information.
3. Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate’s use or disclosure of protected health information.

4. Term and Termination

1. Term. This Addendum shall be effective as of the Effective Date (when the Terms become effective) and shall be terminated concurrently with the termination of the Terms, or as otherwise provided in this Addendum or on the date covered entity terminates for cause as authorized in paragraph (b) of this Section, whichever is sooner.
2. Termination for Cause. Business associate authorizes termination of this Agreement by covered entity, if covered entity determines business associate has violated a material term of the Agreement and business associate has not cured the breach or ended the violation within the time specified by covered entity.

3. Obligations of Business Associate Upon Termination.

   Upon termination of this Agreement for any reason, business associate, with respect to protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, shall:

   1. Retain only that protected health information which is necessary for business associate to continue its proper management and administration or to carry out its legal responsibilities;
   2. If agreed to by covered entity, destroy the remaining protected health information that the business associate still maintains in any form;
   3. Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health information to prevent use or disclosure of the protected health information, other than as provided for in this Section, for as long as business associate retains the protected health information;
   4. Not use or disclose the protected health information retained by business associate other than for the purposes for which such protected health information was retained and subject to the same conditions set out at section 2 which applied prior to termination; and
   5. Return to covered entity or, if agreed to by covered entity, destroy the protected health information retained by business associate when it is no longer needed by business associate for its proper management and administration or to carry out its legal responsibilities.
4. Survival. The obligations of business associate under this Section shall survive the termination of this Agreement.

1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions. The Terms incorporate by reference the Business Associate Addendum and govern Our provision and Your use of the Company's services.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

By creating and/or using a SimplifyPI account at http://www.simplifypi.com or executing an Order Form specifying Services, You have accepted and purchased Services from SimplifyPI. Such Services are effective between You and Us as of the earliest date (“Registry Effective Date”) that You execute the applicable Order Form or first use the Services.

2. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, SimplifyPI, LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

3. Restrictions.

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;

2. selling, sublicensing and/or otherwise commercializing any Website material;

3. publicly performing and/or showing any Website material;

4. using this Website in any way that is, or may be, damaging to this Website;

5. using this Website in any way that impacts user access to this Website;

6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and SimplifyPI, LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant SimplifyPI, LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. SimplifyPI, LLC reserves the right to remove any of Your Content from this Wdivebsite at any time, and for any reason, without notice.

You will: (a) be responsible for Users’ compliance with the Terms; (b) be responsible for the accuracy, quality and legality of Your Data and the means by which You acquired Your Data, as well as the accurate entry or import of Your Data on to our servers; (c) use commercially reasonable efforts to prevent unauthorized access to or use of SimplifyPI Services and Content, and notify Us promptly of any such unauthorized access or use; (d) notify Us promptly in the unlikely event that you gain access to the data or proprietary or confidential information of any other User (“Unauthorized Data”) for any reason, and delete or dispose of such Unauthorized Data; (e) use SimplifyPI Services and Content only in accordance with the Terms and applicable laws and government regulations; and, (f) pay for the SimplifyPI Services as provided in the applicable Order Form(s) and in accordance with these Terms.

You will not: (a) make any SimplifyPI Services or Content available to, or use any SimplifyPI Services or Content for the benefit of, anyone other than You or Users, unless expressly stated otherwise in the Terms; (b) sell, resell, license, sublicense, distribute, make available, rent or lease any SimplifyPI Services or Content, or include any SimplifyPI Services or Content in a service bureau or outsourcing offering; (c) use SimplifyPI Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights; (d) use SimplifyPI Services to store or transmit Malicious Code; (e) interfere with or disrupt the integrity or performance of any SimplifyPI Service or third-party data contained therein; (f) attempt to gain unauthorized access to any SimplifyPI Services or Content or its related systems or networks; (g) permit direct or indirect access to or use of any SimplifyPI Services or Content in a way that circumvents a usage limit, or use SimplifyPI Services to access or use any of Our intellectual property except as maybe permitted under the Terms; (h) retain, copy, disclose, disseminate or otherwise use Unauthorized Data in any manner; (i) copy SimplifyPI Services or any part, feature, function or user interface thereof; (j) copy Content except Content provided by You or Your Users, as permitted in the Terms; (k) frame or mirror any part of any SimplifyPI Services or Content, other than framing on Your own intranets or otherwise for Your own internal business purposes or as may be permitted in the Terms; (l) access SimplifyPI Services or Content divvailability, performance or functionality of SimplifyPI Service, or for any other benchmarking or competitive purposes; (m) reverse engineer SimplifyPI Services (to the extent such restriction is permitted by law) or (n) use SimplifyPI Services to access, use, create, sell, transmit or store Protected Health Information in any manner which is non-compliant with HIPAA or other applicable law, including but not limited to state data privacy and security and medical record laws. Any use of SimplifyPI Services in breach of the Terms by You or Users that in Our judgment threatens the security, integrity or availability of Our services, may result in Our immediate suspension and/or termination of the SimplifyPI Services, however We will use commercially reasonable efforts under the circumstances to provide You with notice pursuant to Section 14.2 and an opportunity to remedy such violation or threat.

You represent and acknowledge that for Your Data and any other information or data uploaded on the Platforms or otherwise provided to Us by You that You have execdivuted a HIPAA Release Form or other information exchange agreement with the applicable parties such that the applicable counterparty is able to receive all information and documents without a violation of HIPAA or applicable law.

HIPAA Compliance You and We agree that our services may involve the creation, receipt, use, disclosure, maintenance, and/or transmission of Protected Health Information which is protected under HIPAA and in such instance We agree to perform in compliance with HIPAA, as applicable. If you are or become a Covered Entity (as defined under HIPAA) and We meet the definition of Your Business Associate (as defined under HIPAA) in connection with Our provision of the SimplifyPI Services which involves Protected Health Information, by agreeing to these Terms, You and We also simultaneously enter into the Business Associate Contract with SimplifyPI.

5. No warranties.

This Website is provided “as is,” with all faults, andSimplifyPI, LLC makes no express or implied divrepresentations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability.

In no event shall SimplifyPI, LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and SimplifyPI, LLC, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification.

You hereby indemnify to the fullest extent SimplifyPI, LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms.

SimplifyPI, LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment.

SimplifyPI, LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between SimplifyPI, LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of Georgia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Georgia for the resolution of any disputes.

Effective date: March 10, 2019

SimplifyPI, LLC ("us", "we", or "our") operates the simplifypi.com website (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. Our Privacy Policy for SimplifyPI, LLC is created with the help of the Free Privacy Policy website.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from simplifypi.com

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Cookies and Usage Data

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate our Service.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Use of Data

SimplifyPI, LLC uses the collected data for various purposes:

• To provide and maintain the Service
• To notify you about changes to our Service
• To allow you to participate in interactive features of our Service when you choose to do so
• To provide customer care and support
• To provide analysis or valuable information so that we can improve the Service
• To monitor the usage of the Service
• To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

SimplifyPI, LLC will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

SimplifyPI, LLC may disclose your Personal Data in the good faith belief that such action is necessary to:

• To comply with a legal obligation
• To protect and defend the rights or property of SimplifyPI, LLC
• To prevent or investigate possible wrongdoing in connection with the Service
• To protect the personal safety of users of the Service or the public
• To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

• Google Analytics

  Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

  You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

  For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

• By email: