Lyve Cloud HIPAA Business Associate Addendum

  • This LYVE CLOUD HIPAA BUSINESS ASSOCIATE ADDENDUM (the “BAA”) is incorporated by reference into the Lyve agreement to which this BAA is an addendum (the "Agreement") between Seagate and Company, as each is defined under the Agreement. In this BAA, Company and Seagate are, individually, each a “Party” and, collectively, the “Parties”.
  • This BAA takes effect (i) on the date of execution of the Agreement; or (ii) if the Agreement is entered into electronically, on the day the Agreement is electronically accepted by Company.
  • For the avoidance of doubt, Company must have an existing Agreement, where Company has indicated and specified to Seagate that it will include Protected Health Information (as defined below) among Company Data in scope of the Services, and such Agreement must be currently in place and in effect for this BAA to be valid and effective. Together with the Agreement, this BAA will govern each Party’s respective obligations regarding such Protected Health Information.

BACKGROUND

  1. Company is either a “covered entity” or a “business associate” of a covered entity, as each is defined under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended by the HITECH Act (as defined below) and the related regulations promulgated by HHS (as defined below) (collectively, “HIPAA”) and, as such, is required to comply with HIPAA’s provisions regarding the confidentiality and privacy of Protected Health Information (as defined below);
  2. The Parties have entered into the Agreement, under which Seagate provides or will provide certain Services to Company that are specified therein;
  3. In providing Services pursuant to the Agreement, Seagate may have access to Protected Health Information;
  4. By providing the Services pursuant to the Agreement, Seagate will become a “business associate” of Company;
  5. Both Parties are committed to complying with all applicable United States federal and state laws governing the confidentiality and privacy of health information, including, but not limited to, the Privacy Rule (as defined below); and,
  6. Both Parties intend to protect the privacy and provide for the security of Protected Health Information disclosed to Seagate pursuant to the terms of the Agreement, this BAA, HIPAA, and as otherwise Required By Law.

STATEMENT OF AGREEMENT

The Parties hereby agree as follows: