Confidentiality and Non-Disclosure Policy
This Confidentiality and Non-Disclosure Policy (“Confidentiality Policy”) is effective as of March 15, 2014. By accessing or using the website [www.phacsstudy.org] (the “Site”) or by clicking “I agree” when logging onto the Site or creating a profile on the Site, you agree to be bound by this Confidentiality Policy. The Site is owned and operated by President and Fellows of Harvard College, acting by and through Harvard T. H. Chan School of Public Health (“Harvard”).
Please review this Confidentiality Policy prior to accessing the Site.
1. Confidential Information.
By accessing the Site, you may be provided with or may obtain other access to “Confidential Information,” which shall mean any and all (a) non-public information about registered users on the Site, or about third parties, that is specifically identified as confidential or that you know or under the circumstances should know is regarded as confidential, and (b) personally identifiable information about users, including but not limited to, geo-location information, health and medical information, patient identification numbers, social security numbers, government-issued identification numbers, biometric data, and data about users obtained through a research project. You agree that you (i) will use reasonable care to protect the security of Confidential Information; (ii) will not use Confidential Information except as necessary for registering or otherwise assisting users; (iii) will not at any time disclose Confidential Information to any person except with prior written consent from the user and/or Harvard (except as otherwise required by law in which case you shall, unless prohibited by law, notify Harvard prior to such disclosure); (iv) will comply with such additional protections as Harvard shall reasonably require from time to time; and (v) will immediately notify Harvard upon learning of any breach in the security of Confidential Information.
In addition to complying with other provisions of the Confidentiality Policy requiring the protection of Confidential Information, you shall also comply with the confidentiality requirements requested by any third party (e.g., hospitals and clinics) with whom you may work in connection with your use of the Site.
2. Representations and Warranties.
You represent and warrant that you have the authority to enter into this Confidentiality Policy, and that your compliance with this Confidentiality Policy will not infringe or otherwise violate any agreement, policy, regulation, or arrangement you have entered into or agreed upon with any third party, including your primary employer. You represent and warrant that you shall use the Site with reasonable care, consistent with applicable professional and industry standards and in compliance with all applicable laws.
You agree that any breach of this Confidentiality Policy by you will cause irreparable damage to Harvard and that in the event of such breach Harvard shall have, in addition to any and all other remedies, the right to an injunction to prevent the breach and to enforce your obligations hereunder. In addition, you shall indemnify, defend and hold Harvard harmless from and against any damages, loss, cost, liability or expense arising out of any breach or claimed breach of this Confidentiality Policy.
4. Governing Law.
This Confidentiality Policy shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You consent to the jurisdiction of the applicable state or federal courts of the Commonwealth of Massachusetts with respect to any disputes hereunder, agrees to accept service of process by mail, and waives any jurisdictional or venue defenses otherwise available.
5. Change to Confidentiality Policy.
Please note that this Confidentiality Policy is subject to change without notice from time to time. Any changes will be posted to this page. Your use of this Site after any changes have been made will constitute your agreement to the modified Confidentiality Policy.
6. Use of Harvard Names.
You may not use or register any name, logo or insignia of Harvard or any of its schools or subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by Harvard.
7. Severability; Entire Agreement.
If any provision of this Confidentiality Policy is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under this Confidentiality Policy are personal, non-exclusive and non-transferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of this Confidentiality Policy. Harvard’s failure to act with respect to a breach by you or others does not waive Harvard’s right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in this Confidentiality Policy, nothing herein shall be deemed to confer any third-party rights or benefits. This Confidentiality Policy sets forth the entire understanding and agreement between you and Harvard with respect to the subject matter hereof.