12.04.2024
NON-DISCLOSURE AGREEMENT
It is understood and agreed to that the undersigned (also referred to herein individually as a “party” and collectively as the “parties”) each may disclose (the “Discloser”) to the other party (the “Recipient”) certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows:
- The confidential information to be disclosed by Discloser under this Agreement (“Confidential Information”) can be described
as and includes:
Technical and business information relating to the Discloser’s company including but not limited to: the contents of any software, code, apps and technical/IT platform; intellectual property information; Information Memorandum; any and all plans, schematics, designs, drawings, logos and images; research and development; business strategy; sales and marketing materials, including past, current or planned; current and future business plans and models, related matters and documentation; all and any financial information, funding and financial information planning and projections, details and terms and finance, investor and potential investor data (personal and financial); ALL regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.
In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed by Discloser in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by Discloser in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered to Recipient thereafter.
- Recipient shall use the Confidential Information only for the purpose of evaluating potential business and investment relationships with
- Recipient shall limit disclosure of Confidential Information and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of Recipient shall have satisfied its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants, and others who are permitted access to or use of the Confidential Information.
- This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient’s possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of,
- Discloser warrants that he/she has the right to make the disclosures under this
- This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon the Recipient any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 2. Furthermore, and specifically, no license or conveyance of any intellectual property rights is granted or implied by this
- All information supplied remains in the explicit ownership and copyright of the Discloser and his/her All information supplied shall be returned immediately at the request of the Discloser and all electronic data or files relating to the same whether supplied by the Discloser or created by the Recipient shall be destroyed by the Recipient directly.
- Both parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind either party to any present or future contractual relationship (except as specifically stated herein), nor shall the exchange of information be construed as an inducement to act or not to act in any given
- Neither party shall be liable to the other in any manner whatsoever for any decisions, obligations, costs or expenses incurred, changes in business practices, plans, organization, products, services, or otherwise, based on either party’s decision to use or rely on any information exchanged under this
- This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. The obligations of each Recipient party hereunder shall survive until the third anniversary of the disclosure; provided, that, to the extent that a party has disclosed information to the other party that constitutes under law a trade secret or personally identifiable information specific to an individual real person, the Recipient agrees to protect such trade secret(s) or such personally identifiable information for so long as the information qualifies as a trade secret or personally identifiable information under applicable law.
- This Agreement is made under and shall be construed according to the laws of the State of Texas,
- If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a
WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.
Release Form for Video and Picture Content
I, [the User], grant BetterGo, its affiliates, and licensees the right to use, reproduce, display, publish, and distribute any and all video and picture content that I have provided or will provide in the future (collectively referred to as “Content”). I understand that this Content may be used for advertising, marketing, and promotional purposes, including but not limited to, BetterGo’s website, social media accounts, and promotional materials.
I represent and warrant that I am the sole and exclusive owner of the Content and that BetterGo’s use of the Content will not infringe upon any third-party rights. I also represent and warrant that I have obtained the necessary releases and permissions from any individuals appearing in the Content.
I acknowledge that I will not receive any compensation for the use of the Content and that I will not be entitled to any future compensation for any use of the Content by BetterGo. I further acknowledge that I have no right to approve the use of the Content and that BetterGo has the right to use the Content in any manner that it deems appropriate.
I agree that this Release is binding upon me, my heirs, legal representatives, and assigns, and shall inure to the benefit of BetterGo, its successors, and assigns. I also agree that this Release shall be governed by and construed in accordance with the laws of the State of [insert jurisdiction].
The Health Insurance Portability and Accountability Act (HIPAA) has specific guidelines regarding confidentiality and the disclosure of protected health information (PHI). However, it does allow for exceptions, especially in cases where there is a serious and imminent threat to the health or safety of the patient or others.
HIPAA’s Guidelines for Notifications of a Client Putting Themselves or Someone Else at Risk
- Serious and Imminent Threats: Under HIPAA, healthcare providers can disclose necessary information to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. This must be consistent with other applicable laws and ethical standards.
- Disclosure to Law Enforcement or Persons at Risk: If a client is considered a threat to themselves or others, professionals may notify law enforcement, medical personnel, the client’s family, or others who may be able to prevent harm. This disclosure should only include information pertinent to the threat.
- Professional Judgment and Standards: Healthcare providers should use their professional judgment to determine the nature and severity of the threat. They should also consider their legal and ethical obligations, including duty-to-warn laws which vary by state.
- Documentation: Any decision to disclose information should be well-documented, including details of the perceived threat, to whom the information was disclosed, and the rationale behind the decision.
- Minimum Necessary Rule: Only the minimum necessary information required to address the threat should be disclosed. Avoid sharing comprehensive medical records if only specific information is needed.
- Compliance with State Laws: Be aware of specific state laws that may apply. Some states have more stringent laws regarding mental health records and duty-to-warn.
- Consultation: When in doubt, it is advisable to consult with legal counsel or a privacy officer to ensure compliance with HIPAA and other relevant laws.
Steps for Notifying:
- Assess the Threat: Evaluate the immediacy and severity of the threat.
- Identify the Appropriate Recipient: Determine who needs the information to prevent harm (law enforcement, family, etc.).
- Disclose Necessary Information: Share only information pertinent to the threat.
- Document the Decision and Action: Record the assessment, decision, and actions taken.
It’s crucial to balance the duty to protect the client’s privacy with the need to prevent harm.
HIPAA’s guidelines on notifying authorities in cases where a client is putting themselves or someone else at risk can be found on the official website of the U.S. Department of Health & Human Services (HHS). You can visit the HHS website, particularly the section dedicated to HIPAA, for detailed guidance.
Here’s a link for your reference: HHS HIPAA Home
Data Processing and Confidentiality Obligations
All mentors and counselors engaged by BetterGo act as sub-processors under applicable data protection laws, including GDPR and HIPAA. By agreeing to these Terms and Conditions, mentors commit to:
- Adherence to Data Protection Laws: Complying with all applicable laws and BetterGo’s data protection policies.
- Execution of DPAs: Signing and abiding by a Data Processing Agreement (DPA) that explicitly outlines their roles, responsibilities, and obligations in processing personal data securely and responsibly.
- Confidentiality: Maintaining strict confidentiality of all personal data accessed during the course of their duties.
- Data Security: Following BetterGo’s technical and organizational measures to safeguard personal data, including limiting access, securely handling data, and reporting any security incidents promptly.
- Accountability: Cooperating with BetterGo in audits, compliance reviews, and any data subject requests as required under GDPR and HIPAA.
Important Notice Regarding the Scope of BetterGo Services
Please be advised that BetterGo and its services, including those offered by our Mobility Mentors, are not substitutes for clinical or medical services. Our Mobility Mentors are not medical practitioners and do not hold certifications as medical providers. BetterGo’s offerings are designed to provide emotional and cultural support during the relocation process and should not be construed as medical or clinical advice or treatment.
If you are in need of clinical or medical assistance, including psychotherapy or mental health services, we strongly encourage you to consult with your doctor or a licensed physician. It is important to seek professional medical advice for any health-related concerns or conditions.
BetterGo is committed to the well-being of its clients but emphasizes the importance of professional medical consultation for health issues beyond the scope of our services. Our aim is to complement, not replace, the necessary medical or clinical care that you may require.