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Terms of Service

US Government Information System

You are accessing a US Government information system, which includes (1) this computer, (2) this computer network, (3) all computers connected to this network, and (4) all devices and storage media attached to this network or to a computer on this network. This information system is provided for US Government-authorized use only. Unauthorized or improper use of this system may result in disciplinary action, as well as civil and criminal penalties. By using this information system, you understand and consent to the following: You have no reasonable expectation of privacy regarding any communication or data transiting or stored on this information system. At any time, and for any lawful government purpose, the government may monitor, intercept, and search and seize any communication or data transiting or stored on this information system. Any communication or data transiting or stored on this information system may be disclosed or used for any lawful Government purpose.

SimpleReport Terms of Service

As a User accessing or using SimpleReport (Application) provided by the Centers for Disease Control and Prevention (CDC) and the U.S. Department of Health and Human Services (HHS), in a CDC cloud environment (“CDC Platform”), you acknowledge and agree that you are solely responsible for and shall abide by these Terms of Service, as well as any relevant sections of CDC’s Privacy Policies (collectively, Terms).

Scope

SimpleReport is a free tool that makes it easy for facilities such as health care settings or schools to record and quickly transmit public health data to public health departments. It also allows those facilities to enable individuals or guardians to access relevant test results. This Application is being provided by HHS and CDC to enable an Entity to record its data intake workflow, for record keeping needs and to transmit relevant and necessary data to state, local, tribal, and territorial public health authorities (STLT Public Health Agencies) in furtherance of public health surveillance and response activities. It also allows the Entity to designate certain users of the data, as set out in these Terms. The Application through which the Entity and any users interact with relevant public health data is subject to these Terms. Use of the Application constitutes acceptance of these Terms.

Definitions

  • Entity: A health care provider or facility; testing site; a state, local, tribal, and territorial public health authority (STLT Public Health Agency); or other organization that is enrolled in and using Simple Report to record and/or transmit data.

  • User: An individual whose personal data is being reported via Simple Report (Individual User), or an individual authorized to act on behalf of the Entity under these Terms (Entity User or Entity Administrator). Simple Report will only designate one User from the Entity as the Entity Administrator. Entity Administrators will have more detailed identity verification than general Entity Users. Once the Entity Administrator has their identity verified, the Entity Administrator can add other general Entity Users or Individual Users to the Application. All roles are referred to as “User” for the purposes of these Terms, unless otherwise indicated.

Data rights and usage

Accounts/registration

For entity users

If you are using the Application on behalf of an Entity as either an Entity Administrator or Entity User, you represent and warrant that you have authority to bind that Entity to the Terms and by accepting the Terms, you are doing so on behalf of that Entity (and all references to “you” in the Terms refer to you and that Entity).

In order to access the Application, as part of the registration process for the Application, and for your continued use of the Application, you may be required to provide certain information (such as identification or contact details). Any such information you give to CDC or HHS must be accurate and up-to-date. You must inform us promptly of any updates by updating your information in the Application or by emailing support@simplereport.gov so that we can keep you informed of any changes to the Application or these Terms which may impact your usage of the Application. We may use the contact information you provide to contact you regarding usability research for ongoing product and service improvement. Upon Entity registration and the creation of Entity User accounts within the Application, credentials (such as passwords, keys, tokens, and Entity and Entity User identifications (IDs)) will be issued to you by HHS or CDC. These credentials are intended to be used only by you and to identify any software or APIs which you are using. You agree to keep your credentials confidential and make reasonable efforts to prevent and discourage other persons from using your credentials.

For entity administrators

The Entity Administrator agrees to verify the identity of other Entity Users who are added and to inactivate any other Entity Users who should no longer have access. The Administrator also agrees to set permissions appropriately to determine the minimum access necessary for each other Entity User to complete their required job duties.

For individual users

Entity Administrators will grant Individual Users access to the Application. Individual Users can use the Application to access and review their own information or information about others as may be permitted by applicable law (e.g., on behalf of a minor or otherwise as a guardian). As noted above, all Users agree to accept and comply with these Terms once you register and use the Application.

Privacy

You may use the Application to search, display, analyze, retrieve, view and/or otherwise ‘get’ information from data you are sending (or for Individual Users, for data being sent about you) via the Application and the Platform. Please note that the data which you are recording, transmitting or accessing via the Application may be subject to the Privacy Act of 1974, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and other laws, and requires special safeguarding. By accessing and using the Application, you agree to strictly abide by all applicable federal and state laws regarding the collection, use, protection and disclosure of information obtained or sent through the Application. Where Individual Users may be accessing the information on behalf of a minor or otherwise as a guardian, Entity Users and Administrator Users agree to assume full responsibility for designating the correct Individual User contact information within the Application, in accordance with applicable law. If you would like more information about the application of the Privacy Act at CDC, visit the Health and Human Services website.

For purposes of use of this Application, if you are a HIPAA-covered entity or acting on behalf of one as a business associate or if the data is maintained by you in a HIPAA-covered designated record set, you further acknowledge that you will abide by applicable HIPAA regulations (45 CFR Parts 160 and 164) for purposes of appropriate storage, transmission, use and disclosure of any protected health information

Use of data

This Application is being provided in order to allow for the recording of Entity data, support Entity’s workflow, for record keeping purposes, and for transmitting relevant data to STLT Public Health Agencies in furtherance of public health surveillance and response activities. HHS and CDC acknowledge that though CDC is providing the Platform, CDC does not intend to access the data nor does it intend to review or analyze this data. As such, CDC does not intend to take custody or control of data sent via the Application. Entity and Individual Users acknowledge and agree that CDC and Administrative Users may manage the data sent via the Application for purposes of operating the CDC Platform (which includes verifying user identity) and transmitting to and facilitating use by STLT Public Health Agencies of such data. Except as may be required by applicable federal law, CDC may not release the data sent via the Application for other purposes than described below.

Sharing of data

Data recorded and stored in the Application by the Entity is for use by the Entity as needed for workflow, record keeping, and reporting purposes. Data recorded and stored by the Entity in the Application will be automatically transmitted to the appropriate STLT Public Health Agency based on both the Entity ZIP code and the Patient’s ZIP code, including, for coronavirus disease 2019 test results, all relevant fields as defined in the HHS COVID-19 Laboratory Reporting Requirements. By entering results that are being transmitted to the relevant STLT Public Health Agency or Agencies, the Entity attests that it is authorized to report the data via the Application. Though CDC will not actively access and obtain data from the Application, Entity, directly or in coordination with the relevant STLT Public Health Agency, may decide to use the Application to send deidentified or other as may be determined by Entity, to CDC; such data sent to CDC will be maintained consistent with applicable federal laws.

Other responsibilities

For all users

  • You will be fully accountable for all data you submit and will cooperate with CDC or its agents in the event that CDC has a security concern with respect to any inquiry, submission, or receipt of data to or from CDC.
  • You will promptly inform CDC in the event you identify misuse of individually identifiable health information or protected health information you submit and/or access from the CDC Platform.
  • You will promptly inform CDC in the event that you can no longer comply with any of the provisions set out in these Terms.
  • You will immediately cease Application use when you no longer meet any of the terms of these Terms.

For entity administrators and entity users

  • You must adhere to the basic desktop security measures to ensure the security of any individually identifiable information or protected health information to which you have access in the Application.
  • As may be required by applicable law you agree to obtain consent from and/or notify individuals whose data will be input into the Application that their personal information will be collected and used for public health purposes.
  • When major changes are made to the Application and/or Platform (e.g., disclosure and/or data uses have changed since the notice at the time of original collection), you will be notified by email, and are responsible for notifying and obtaining consent from individuals whose individually identifiable or protected health information is in the Application
  • In the unlikely event of a breach, you will be required to notify individuals whose individually identifiable or protected health information is in the Application and have been impacted by the breach. Assistance may be offered by CDC to aid in this process.
  • You are required to ensure that anyone using the Application has been trained on handling sensitive and personal information.

Service management

Right to limit

Your use of the Application may be subject to certain limitations on access or use as set forth within these Terms or otherwise provided by CDC. These limitations are designed to manage the load on the system, promote equitable access, and ensure appropriate privacy protections and these limitations may be adjusted without notice, as deemed necessary by CDC. If CDC reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use the Application may be temporarily or permanently blocked. CDC may monitor your use of the Application to improve the service or to ensure compliance with these Terms and reserves the right to deny any User access to the Application at its reasonable discretion.

Service termination

If you wish to terminate your access to and use of the Application, you may do so by deactivating your account (such as by contacting your Entity Administrator) or by refraining from further use of the Application.

CDC reserves the right (though not the obligation) to: (1) refuse to provide the Application to you, if it is CDC’s opinion that use violates any federal law or CDC policy; or (2) terminate or deny you access to and use of all or part of the Application at any time for any reason which in CDC’s sole discretion it deems necessary, including to prevent violation of federal law or CDC policy. You may petition CDC to regain access to the Application through the support email address provided by CDC for the Application. If CDC determines in its sole discretion that the circumstances which led to the refusal to provide the Application or terminate access to the Application no longer exist, then CDC may restore your access. All provisions of these Terms, which by their nature should survive termination, shall survive termination including, without limitation, warranty disclaimers, and limitations of liability.

Intellectual property – license grant and restrictions

The Application provided to User are for User’s use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from CDC. Materials provided by CDC are either owned by or the licensed property of the United States Department of Health and Human Services (“HHS”) and the Centers for Disease Control and Prevention (CDC). HHS/CDC grants to you a limited, non-exclusive, non-transferable license to access the Application in the United States for the uses set forth in these Terms.

Disclaimer of warranties

The Application Platform is provided “as is” and on an “as-available” basis. While CDC will do its best to ensure the service is available and functional at all times, CDC hereby disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. CDC makes no warranty that data will be error free or that access thereto will be continuous or uninterrupted.

Limitations on liability

To the extent allowed by law, HHS and CDC will not be liable, with respect to any subject matter of these Terms or your use of the Application under any contract, negligence, strict liability or other legal or equitable theory for: (1) any personal injury, or any special, incidental, indirect or consequential damages; (2) the cost of procurement of substitute products or services; or (3) for loss of profits, interruption of use or loss or corruption of data or any other commercial damages or losses.

HHS and CDC are not responsible for confidentiality or any information shared by the Entity or other User of the Application.

Disputes, choice of law, venue, and conflicts

Any disputes arising out of these Terms and access to or use of the Application shall be governed by applicable United States Federal law. You further agree and consent to the jurisdiction of the Federal Courts located within the District of Columbia and the courts of appeal therefrom and waive any claim of lack of jurisdiction or forum non conveniens.

Indemnification

You agree to indemnify and hold harmless HHS, including CDC, its contractors, employees, agents, and the like, from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the Application, including but not limited to violation of these Terms.

No waiver of rights

CDC’s failure to exercise or enforce any right or provision of these Terms shall not constitute waiver of such right or provision.

Data analytics and monitoring metrics

While using the Application, certain general data analytics on the usage patterns and performance of the Application may be gathered and stored automatically to assist with design and development of the Application. This general usage data is not linked to an individual’s identity but IP address and device information may be included. Transactions are audited and stored for site monitoring, performance, and troubleshooting and may be tied to the individual performing an activity. Any such data will be maintained consistent with applicable federal laws.