Standard PII (RPV) Version
(based on the Insights Association model agreement regarding disclosure of participant identifiable information)
This agreement (the “Agreement”) is made as of this ___day of _______, 20__ (the “Effective Date”) by and between Rare Patient Voice, LLC, a Maryland corporation located at 711 Hampton Ln, Towson, MD 21286 US, (“Company”)and CLIENT NAME:______________________, a STATE________________ ENTITY TYPE____________________located at ADDRESS:_________________________ (“Client”). Company and Client may be referred to herein collectively as the “Parties” and individually as a “Party.”
WHEREAS, Company has provided and may in the future provide marketing research and data analytics services (the “Services”) to Client; and
WHEREAS, Client has requested that Company provide Client with information regarding the identity, contact information and/or other personally identifiable information of data subjects (“Participant Identifiable Information”);
WHEREAS, Participant Identifiable Information is considered Personally Identifiable Information (PII) or Personal Data depending on the applicable jurisdiction;
WHEREAS, Company is a member of the Insights Association and is required to comply with Insights Association Code of Standards and Ethics for Marketing Research and Data Analytics (“the Code”); and
WHEREAS, the Code provides specific guidelines to protect respondent privacy and confidentiality.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
- Company shall provide Client with Participant Identifiable Information, subject to the terms and provisions and client’s covenants and representations set forth in this agreement.
- Client shall use the Participant Identifiable Information solely and exclusively for the research purposes stated in the Code set forth above.
- Client shall not use or disclose the Participant Identifiable Information for any other purpose, including, without limitation, marketing, selling or influencing the opinions or decisions of any respondent. Further, Client shall not, as well as Client shall not permit any other party to, survey, recruit, or otherwise invite such Respondents to participate in any other program, panel or otherwise use the information received from such Respondents for any other purpose.
- Client will not disclose the Participant Identifiable Information to any third party.
- If Client recruits respondents by referral or any other method from respondents Company has already recruited for Client, Company will consider these recruits from Company and charge accordingly.
- Client will keep the Participant Identifiable Information as secure as its other confidential and, PII/Personal Data or protected customer information and, if practicable, will destroy the Participant Identifiable Information upon the completion of the research activities permitted hereunder.
- Client agrees to delete any personal information collected from those respondents who disqualify.
- Client shall indemnify and hold Company harmless from and against any and all loss, claim or liability arising out of or related to Client’s breach or violation of this agreement.
- The Parties represent, warrant and covenant to cause their employees and/or agents to, abide by and comply with any and all applicable international, national, federal, state and/or local laws, rules, regulations, requirements, statutes, codes, decisions and opinions, including but not limited to the General Data Protection Regulation (“GDPR”) (Regulation (EU) 2017/679), the U.S. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), , the United States CAN-SPAM Act (“CAN-SPAM”), the Gramm-Leach-Bliley Act (“GLBA”), the Children’s On-Line Privacy Protection Act (“COPPA“), the California Consumer Protection Act (“CCPA”), the code of the Insights Association (www.insightsassociation.org), and any amendments thereto, in connection with collection, storage, maintenance, processing, use and/or disclosure of Participant Identifiable Information, only as permitted by this Agreement.
- This agreement is valid for all projects that commence and complete within the term of the agreement and:
EXECUTED as of the date first above written.
Rare Patient Voice, LLC
By:_____________________________________________
Name: _________________________________________
Title: ___________________________________________
Date: __________________________________________
Client
By:_____________________________________________
Name: _________________________________________
Title: ___________________________________________
Date: __________________________________________