Business Associate Agreement

The text below is the agreement subscribers sign during signup as a click-through. Compliance teams that prefer a wet signature can email support@periomaxer.com for a PDF.

1. Definitions

Capitalized terms used in this Agreement have the meanings ascribed in the HIPAA Privacy and Security Rules (45 CFR Parts 160 and 164). “PHI” means Protected Health Information as defined under 45 CFR § 160.103. “Covered Entity” refers to the dental practice that contracts with SmileMaxer LLC for the Service. “Business Associate” refers to SmileMaxer LLC.

2. Permitted Uses and Disclosures

Business Associate may use and disclose PHI only as necessary to perform the services described in the SmileMaxer subscription agreement or as required by law.

3. Architectural Limit on PHI Handling

Business Associate represents that the SmileMaxer service is architecturally designed so that PHI is transmitted between devices on Covered Entity’s local network and is never transmitted to, stored on, or processed by Business Associate’s cloud infrastructure. Business Associate shall not modify this architecture without written notice to Covered Entity and a renewed BAA.

4. Safeguards

Business Associate shall implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of any PHI it creates, receives, maintains, or transmits on behalf of Covered Entity.

5. Reporting

Business Associate shall report to Covered Entity any use or disclosure of PHI not permitted by this Agreement, and any Security Incident or Breach involving PHI, within sixty (60) days of discovery.

6. Subcontractors

Business Associate shall ensure any subcontractor that creates, receives, maintains, or transmits PHI on behalf of Business Associate agrees in writing to the same restrictions and conditions that apply to Business Associate under this Agreement.

7. Termination

Either party may terminate this Agreement upon written notice if the other party materially breaches it and the breach is not cured within thirty (30) days. Upon termination, Business Associate shall return or destroy all PHI in its possession, if any.

8. Survival

The obligations of Business Associate under Sections 3, 4, 5, and 6 shall survive termination of this Agreement.